Title 40 — Public Health and Safety

# Title 40 — Public Health and Safety

## **Title 40** Public Health and Safety

### **CHAPTER 1** DIVISION OF HEALTH AND HEALTH OFFICERS

#### **PART I** STATE DIVISION OF HEALTH

##### **§ 40:1** Assistant secretary {#sec-40-1 omnilex-key=us-la-statutes--rs-title-40--40:1}

The office of public health shall be administered by an assistant secretary appointed
by the governor in accordance with the provisions of R.S. 36:257.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.*

##### **§ 40:2** State health officer {#sec-40-2 omnilex-key=us-la-statutes--rs-title-40--40:2}

The surgeon general appointed by the governor shall serve as the state health officer.
The surgeon general shall collaborate with the secretary on any order, rule, or regulation
issued by the state health officer. Any order, rule, or regulation issued by the state health
officer shall be effective upon signature.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2024, No. 739, §2, eff. June 19, 2024.*

##### **§ 40:3** State health officer; powers {#sec-40-3 omnilex-key=us-la-statutes--rs-title-40--40:3}

The state health officer shall at all times take all necessary steps to execute the
sanitary laws of the state and to carry out the rules, ordinances, and regulations as contained
in the state sanitary code. He may issue warrants only to arrest or prevent epidemics or to
abate any imminent menace to the public health.

*Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.*

##### **§ 40:3.1** Confidentiality of public health investigations; prohibited disclosure and discovery; civil penalties {#sec-40-3.1 omnilex-key=us-la-statutes--rs-title-40--40:3.1}

A. All records of interviews, questionnaires, reports, statements, notes, and
memoranda procured by and prepared by employees or agents of the office of public health
or by any other person, agency, or organization acting jointly with that office, including
public or private colleges and universities, in connection with special morbidity and mortality
studies and research investigations to determine any cause or condition of health, and any
documents, records, or other information produced or given to the state health officer in
response to a court order issued pursuant to R.S. 40:8, hereinafter referred to as "confidential
data", are confidential and shall be used solely for statistical, scientific, and medical research
purposes relating to the cause or condition of health, or for the purposes of furthering an
investigation pursuant to R.S. 40:8, except as otherwise provided in this Section.

B. All confidential data shall be made available to the state health officer when
necessary for the purpose of controlling nuisances dangerous to the public health, including
but not limited to communicable, contagious, and infectious diseases, as well as illnesses,
diseases, and genetic disorders or abnormalities.

C. The office of public health shall promulgate rules and regulations in accordance
with the Administrative Procedure Act to specify the extent to which confidential data may
be disclosed to other local, state, or federal public health or environmental agencies, or to
corroborating medical researchers, when the confidential information is necessary to carry
out the duties of the agency or researcher in the investigation, control, or surveillance of
disease, as determined by the office of public health.

D. Any disclosure authorized by Subsection C of this Section shall include only the
information necessary for the stated purpose of the requested disclosure, and shall be made
only upon written agreement that the information will be kept confidential and will not be
further disclosed without written authorization of the office of public health.

E. The furnishing of confidential data in accordance with this Section, including the
furnishing or production of documents, records, or other information in good faith in
compliance with a court order issued pursuant to R.S. 40:8, shall not expose any person,
agency, or entity furnishing data to liability and shall not be considered to be the violation
of any privileged or confidential relationship.

F. No part of the confidential data in the possession of the office of public health or
the state health officer shall be available for subpoena nor shall it be disclosed, discoverable,
or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor
shall such records be deemed admissible as evidence in any civil, criminal, administrative,
or other tribunal or court for any reason.

G. Any person who intentionally discloses the content of any confidential data to any
third party, except as authorized in this Section, shall be subject to a civil penalty in an
amount not less than one thousand dollars and not more than five thousand dollars plus court
costs, which shall be paid to the person whose record was unlawfully disclosed. Nothing in
this Section shall prevent a person damaged by an unauthorized intentional disclosure from
collecting civil damages to the extent of any actual damages suffered because of such a
disclosure.

H. Nothing in this Section shall prohibit the publishing by the office of public health
of statistical compilations relating to morbidity and mortality studies which do not identify
individual cases and sources of information or religious affiliations.

*Acts 1990, No. 59, §1, eff. July 26, 1990; Acts 1999, No. 667, §1; Acts 2018, No. 206, §4.*

##### **§ 40:4** Sanitary Code {#sec-40-4 omnilex-key=us-la-statutes--rs-title-40--40:4}

A. The state health officer acting through the office of public health of the Louisiana
Department of Health shall prepare, promulgate, and enforce rules and regulations embodied
within the state's Sanitary Code covering all matters within his jurisdiction as defined and
set forth in R.S. 40:5. The promulgation of this Sanitary Code shall be accomplished in strict
accordance with the provisions of the Administrative Procedure Act and, further, in
conformity with the following guidelines and directives:

(1)(a) In order to protect the consuming public against foodborne disease, the rules
and regulations contained in the Sanitary Code shall be designed so as to provide and require
that all food products, including milk and milk products, ice, bottled water, marine and
freshwater seafood, animal products, frozen desserts and toppings, and related similar foods,
are produced from a safe and sanitary source, and are prepared, processed, packaged,
handled, stored, and transported in a sanitary manner which will prevent contamination,
spoilage, or adulteration. These food product rules and regulations shall be further designed
so as to provide that all facilities, material, and equipment that may come into direct contact
with any food or food product must be of nontoxic content to ensure a sanitary, wholesome,
and nutritious product.

(b) Repealed by Acts 2024, No. 148, §4, eff. Jan. 1, 2025.

(c)(i) In order to protect the public health, the state health officer shall promulgate
rules and regulations relative to retail food establishments.

(ii) The rules and regulations required by this Subparagraph shall not require a retail
food establishment which serves alcoholic beverages and consists of five hundred square feet
or less of usable floor area which is accessible to customers to have more than one restroom
facility consisting of one water closet and one lavatory. Such limit of the required number
of restroom facilities and fixtures shall not apply to retail food establishments which contain
wet bars. For the purposes of this Subparagraph, "wet bar" shall be defined as a bar within
a food service establishment at which patrons may walk up to, order, and receive an alcoholic
beverage directly from a bartender.

(iii) The requirements of the sanitary code found in LAC 51:XII shall not apply to
a water supply that services a retail food establishment that does not meet the definition of
a "public water system" as set forth in R.S. 40:5.8.

(2) In order to prevent the occurrence or spread of communicable diseases, the rules
and regulations of the Sanitary Code shall provide for an immunization program and provide
for and require the reporting, including but not limited to the reporting of cases of
Respiratory Syncytial Virus (RSV) when such a test is conducted by a laboratory or hospital,
investigation, and application and implementation of appropriate control measures to
expressly include isolation and quarantine proceedings and measures, for all communicable
diseases of public health significance. However, no rule or regulation of the Sanitary Code
shall impose or create any general duty to warn third parties upon any healthcare provider
who has complied with the applicable reporting requirements for communicable diseases as
set forth in the Sanitary Code. These rules and regulations shall also be designed to:

(a) Control rabies in dogs and to prevent rabies from occurring in humans. However,
nothing in the immunization programs shall authorize the state health officer or the
department to overrule the limitations in either R.S. 40:5.2, or in R.S. 17:170(E).

(b)(i) Regulate the packaging, storage, treatment, and transportation of infectious
waste generated by healthcare providers and noncommercial generators including but not
limited to private households. "Infectious waste" means waste which contains pathogens
with sufficient virulence and quantity so that exposure to the waste by a susceptible host
could result in an infectious disease. In addition, the rules and regulations shall provide for
the certification and testing of all equipment used to treat infectious waste to assure safety,
effectiveness of the equipment, and compliance with regulatory and statutory health
regulations. At a minimum the rules shall provide that the testing shall be conducted
annually.

(ii) Regulate the packaging, storage, treatment, disposal, and transportation of home-generated sharps waste. "Home-generated sharps waste" means needles, syringes, and other
medical instruments that are capable of puncturing the skin for the delivery of medications
derived from a household, including a multifamily residence or household. Rules and
regulations pertaining to the packaging, storage, treatment, disposal, and transportation of
home-generated sharps waste shall be promulgated prior to January 1, 2009. Such rules and
regulations shall provide for public education programs and community outreach programs
which shall ensure the proper handling and disposal of such sharps waste.

(iii) Regulate the issuance of permits for the commercial transportation, packaging,
storage, and treatment of infectious waste. The state health officer shall establish a
reasonable fee schedule for issuance of permits to entities in the business of transporting,
packaging, storing, or treating infectious waste for commercial purposes. In addition, the
rules and regulations shall provide for the certification and testing of all equipment used to
treat infectious waste to assure safety, effectiveness of the equipment, and compliance with
regulatory and statutory health regulations. At a minimum the rules shall provide that the
testing shall be conducted annually. The provisions of Items (i) and (iii) of this
Subparagraph, relative to the certification and testing of all equipment used to treat infectious
waste, shall not apply to an office of a physician licensed to practice medicine by the
Louisiana State Board of Medical Examiners, a veterinarian, or a dentist.

(iv) Require that any generator of infectious medical wastes shall only transport such
waste with a transporter permitted by the department.

(v) Facilitate the filing and removal of required notices by landowners, lessees, and
occupants, pursuant to R.S. 40:4.10.

(vi) Require the state health officer to establish a reasonable fee for the certification
and testing of all equipment used to treat infectious waste. Such fee shall be established by
rule, in accordance with the Administrative Procedure Act.

(c) Control the spread of tuberculosis by:

(i) Requiring that persons who are students in healthcare professions, or volunteers
helping in the caring of patients in healthcare institutions, be free of tuberculosis in a
communicable state as evidenced by a negative tuberculin skin test, a normal chest X-ray if
the skin test is positive, or a statement from a Louisiana licensed physician that the person
is noninfectious to others if the chest X-ray is other than normal. If the student or volunteer
has a positive tuberculin skin test, or a chest X-ray other than normal, the student or
volunteer shall complete a course of chemotherapy for tuberculosis prescribed by a Louisiana
licensed physician, or present a signed statement from a Louisiana licensed physician stating
that chemotherapy is not indicated. If the student or volunteer is known to be infected with
the human immunodeficiency virus (HIV) or has acquired immunodeficiency syndrome
(AIDS), he or she shall be required to have a chest X-ray in addition to a skin test for
tuberculosis. If the chest X-ray is interpreted as showing any disease, then the student or
volunteer will complete a course of chemotherapy for tuberculosis as prescribed by a
Louisiana licensed physician or present a signed statement from a Louisiana licensed
physician that a course of chemotherapy for tuberculosis is not indicated. In any case, the
student or volunteer shall not be denied access to an institutional learning experience or work
solely on the basis of being infected with tuberculosis, provided the infection is not
communicable.

(ii) Requiring the use of isolation rooms for persons with tuberculosis in a
communicable state who are cared for in hospitals or nursing homes, proper air handling in
those rooms, and the use of proper masks for all applicable persons, patients, and staff to
prevent the spread of infectious respiratory droplets.

(iii) Requiring proper air handling and the use of proper masks to prevent the spread
of infectious respiratory droplets in and from aerosol therapy rooms in any institution.

(iv) Requiring any person entering any Louisiana prison as an inmate for forty-eight
hours or more to be screened for tuberculosis in a communicable state.

(v) Requiring any person entering any Louisiana jail as an inmate for fourteen days
or more to be screened for tuberculosis in a communicable state, where funding is available.

(vi) Requiring all persons with acquired immunodeficiency syndrome (AIDS) or
known to be infected with human immunodeficiency virus (HIV), in the process of receiving
medical treatment related to such condition, be screened for tuberculosis in a communicable
state.

(vii)(aa) Requiring isolation, quarantine, or both for directly observed therapy
(medication taken in the presence of a healthcare provider) of any person with tuberculosis
in a communicable state who has failed to comply with a daily self-administered course of
chemotherapy for tuberculosis prescribed by a Louisiana licensed physician.

(bb) Requiring a more restrictive isolation or quarantine environment specified by
the state health officer or by court order for any person who fails to comply with directly
observed therapy under isolation or quarantine as provided in Subitem (aa) of this Item.

(cc) Requiring that any person who fails to comply with the more restrictive isolation
or quarantine environment as provided in Subitem (bb) of this Item shall be considered to
have violated the provisions of the state Sanitary Code and be subject to the provisions of
R.S. 40:6(B).

(3)(a) The sanitary code shall provide rules and regulations governing burial,
transportation, disinterment, or other permitted disposition of dead human remains, to
include regulations defining approved methodology that will ensure sanitary and dignified
disposal.

(b) In order to protect the public from disease associated with the handling of dead
human remains, the state health officer, acting through the office of public health, shall
prepare and promulgate all rules necessary to ensure that all hospitals will identify corpses
that are infected with a contagious disease, when there is actual knowledge of such infection,
and report such to embalmers and funeral directors who handle the corpses for interment or
cremation. The state health officer shall prepare a list of contagious diseases, and such list
shall be added to or deleted from as circumstances warrant.

(4) The state's sanitary code shall include rules governing the construction, operation,
and maintenance of camps and campsites or parks used for house courts, tent camps, trailer
camps, and similar premises used for living and recreational purposes.

(5) The state's sanitary code shall contain rules and regulations governing facilities
and premises used for lodging for hire such as hotels, motels, lodging, and boarding houses.

(6) In order to protect the public against disease and nuisance resulting from the
improper disposal of sanitary sewage, the state health officer shall prepare and promulgate
all rules and regulations necessary to ensure that adequate conveyance and disposal facilities
are provided for all sanitary sewage, private or public, and in such a manner that will prevent
the contamination of surroundings which would have an adverse impact on drinking water
supplies, recreational waters, aquatic life, and other mechanisms of human exposure to
disease. Standards for the quality of sanitary sewage discharged to the ground surface
(ditches, streams, water pools, or other drainage courses), construction of sewerage works,
operation of sanitary sewage conveyance, and treatment and disposal facilities shall be
included. Such rules and regulations shall not include the licensing of persons engaged in
the business or practice of hauling the contents of septic tanks, cesspools, vaults, or similar
facilities. Plans and specifications for sewerage works shall be submitted for review and
approval to the state health officer or his designee.

(7) Repealed by Acts 2014, No. 836, §4, eff. Jan. 1, 2016.

(8)(a) In order to protect the public against disease from water supplied for drinking,
culinary, and ablutionary purposes, the state health officer shall prepare and promulgate all
rules and regulations necessary to ensure that water supplied to the public by public water
supplies is obtained from safe and sanitary sources and that such sources are properly
protected; is treated, stored, and conveyed in a safe and sanitary manner; and is safe and
potable for human use. Standards for drinking water quality (chemical, radiological, and
microbiological); water works construction; and water works operations shall be included.
In order to assure compliance with promulgated regulations, plans and specifications for
public water works facilities shall be submitted to the state health officer or his designee for
review and approval.

(b) The state health officer shall additionally prepare and promulgate rules and
regulations necessary to develop and implement a capacity development strategy to assist
public water systems to acquire and maintain technical, managerial, and financial capacity
to comply with state drinking water regulations which are no less stringent than the national
primary drinking water regulations. Such rules and regulations shall include a requirement
that all new community water systems and new nontransient noncommunity water systems
commencing operation after January 1, 1999, demonstrate technical, managerial, and
financial capacity, as defined in such rules and regulations, to comply with state drinking
water regulations which are no less stringent than the national primary drinking water
regulations in effect on the date of commencement of operations.

(9) In order to protect the public against vector-borne diseases, the state health
officer shall prepare and promulgate rules and regulations necessary to ensure that disease
vectors, including but not limited to mosquitoes and other biting and nonbiting flies, ticks,
mites, lice, fleas, true bugs, and rodents are monitored and controlled at levels sufficient to
prevent or abate outbreaks of diseases.

(10) In order to protect the public health and safety, the state health officer shall
prepare and promulgate rules and regulations relative to public and private schools, jails and
lockups, public and private buildings, including public and private hospitals and nursing
homes, and similar buildings where people congregate. In order to assure compliance with
promulgated regulations, plans and specifications for such public and private building
structures and facilities shall be submitted to the state health officer or his designee for
review and approval. These rules and regulations shall apply to new buildings, structures,
and facilities, as well as modifications to existing ones, and shall include space requirements,
ventilation, heating and air conditioning, lighting, waste storage and disposal, and other
similar factors affecting public health.

(11) In order to protect the public from disease and injuries associated with water
contact recreation (swimming), the state health officer shall prepare and promulgate rules and
regulations necessary to ensure that public swimming pools and recreational bathing places
(natural and artificial) are constructed, operated, and maintained in a safe and sanitary
manner. These rules may require the submittal of appropriate plans and specifications for
review and approval. These rules and regulations shall ensure that the design, construction,
and operation of these facilities is such that the public is protected against the transmission
of disease or injury by the establishment of water quality standards (chemical, physical, and
bacterial); by proper arrangement of the physical features of the site or facility; and by proper
procedures for supervision and maintenance of such premises.

(12) In order to protect the public health, the state health officer shall prepare and
promulgate rules and regulations relative to new rendering facilities and modifications to
existing facilities. These rules and regulations shall relate to, but not be limited to,
procedures for the review and approval of plans, requirements for approval by the state health
officer or his designee prior to contracting for the construction of rendering plants,
requirements for obtaining a permit to operate a rendering plant before operation begins, and
requirements for closing down a rendering plant already in operation if any condition occurs
which might adversely affect the health of the community. Factors that shall be regulated
include operation, containment of solid, liquid, or gaseous animal materials and byproducts
during processing, storage, or transportation, odors, cleanliness, utilization of products and
byproducts, and identification marking of products and byproducts.

(13) The state health officer, through the office of public health, shall be expressly
empowered and authorized to issue emergency rules and orders when necessary and for the
purposes of controlling nuisances dangerous to the public health and communicable,
contagious, and infectious diseases, and any other danger to the public life, health, and safety.

(14) In order to better track opioid-related overdoses and to provide timely
interventions, the rules and regulations of the sanitary code shall provide for reporting by
emergency departments of chief complaints, admit reasons, and discharge diagnosis data
relating to suspected opioid-related overdoses.

B.(1) All sanitary and food and drug inspections to monitor compliance with the
provisions of the state sanitary code shall be conducted by licensed sanitarians in the employ
of the Louisiana Department of Health, or by similarly licensed sanitarians in the employ of
a local parish or municipal governing authority.

(2) In instances where such an inspection discloses a violation of the state Sanitary
Code, the business entity or person deemed to be responsible shall be given an opportunity
to correct the noted deficiency, and, if upon reinspection the premises are found to be still
in need of correction of the previously cited violation, the district attorney or, in cases
involving pollution of streams, rivers, lakes, bayous, or ditches located in public rights of
way, the attorney general, at the request of the Louisiana Department of Health, may, in his
sole discretion, seek an injunction from the district court to enforce the provisions of the state
Sanitary Code. The district attorney or the attorney general shall have the power to appoint
an attorney of the Louisiana Department of Health as a special assistant district attorney or
a special assistant attorney general to prosecute the case. The proceeding before the district
court shall be an adversary proceeding and each party shall have the power to call witnesses
and subpoena documents and records. In any such proceeding, no district court shall issue
an injunction to enforce any provision which it determines to be physically beyond the
control of the person or business entity to comply with, or in conflict with, other provisions
of state or federal law or regulations.

(3) In instances where such an inspection discloses a violation of the state Sanitary
Code involving pollution of streams, rivers, lakes, bayous, or ditches located in public rights
of way, the business entity or person deemed to be responsible shall be given an opportunity
to correct the noted deficiency, and, if upon reinspection the previously cited violation is
found to still exist, the state health officer is hereby authorized, after due process in
accordance with the Administrative Procedure Act, to impose sanctions as follows:

(a) In the case of establishments which operate under license or permit issued by the
office of public health of the Louisiana Department of Health, the state health officer may
suspend or revoke the existing license or permit.

(b) In the case of establishments which operate without a license or permit issued by
the office of public health or where establishments continue to operate after the license or
permit has been suspended or revoked, the state health officer may issue a civil compliance
order directing the business entity or person deemed responsible for the establishment to
correct the violation noted and impose a fine of one hundred dollars per day for each day the
violation has not been corrected up to a maximum of ten thousand dollars. The fine shall
commence on the day following the date of permit revocation or suspension, or the day
following the date specified for compliance in the civil compliance order issued by the state
health officer.

(c) All fines imposed pursuant to this Section shall be payable to the office of public
health of the Louisiana Department of Health and shall be deposited into the state general
fund.

(d) If civil action is necessary to recover fines imposed under this Section, the
offender shall be liable for the amount of the fine, legal interest from the date of assessment,
and all costs of recovery, including legal fees and court costs.

(e) The state health officer with the approval of the secretary of the Louisiana
Department of Health may settle or resolve out of court any suit for recovery of fines if
deemed in the best interest of the state.

(4) Nothing in this Section shall prohibit the state health officer acting through the
office of public health, with the concurrence of the secretary of the Louisiana Department of
Health, from seeking civil injunctive relief from a district court to assist in enforcing
emergency orders when there exists serious and imminent danger to the public health. The
proceeding before the district court shall be an adversary proceeding, and each party shall
have the power to call witnesses and subpoena documents and records. In any such
proceeding, no district court shall issue an injunction to enforce any provision which it
determines to be physically beyond the control of the person or business entity to comply
with, or in conflict with other provisions of state or federal law or regulations.

(5) Paragraphs (2) and (3) of this Subsection shall not apply to waste waters and
wastes in discharges from industrial facilities which are subject to permitting under the
Louisiana Water Control Law (R.S. 30:2071 et seq.) or the federal Clean Water Act (33
U.S.C. 1251 et seq., as amended), nor to waste waters from industrial facilities in ditches
upstream of state or federal waste water discharge points.

C. In all cases of conflict between rules and regulations promulgated pursuant to this
Section and the International Plumbing Code, International Building Code, Chapter 29-Plumbing Systems, or the International Residential Code, Part VII-Plumbing, as adopted and
promulgated by the Louisiana Uniform Construction Code Commission, the provisions of
the International Plumbing Code, International Building Code, Chapter 29-Plumbing
Systems, or the International Residential Code, Part VII-Plumbing shall be used.

D. Nothing in this Section shall permit the state health officer acting through the
office of public health of the Louisiana Department of Health to establish rules, regulations,
policies, or interpretations that supercede or circumvent, or seek to supercede or circumvent
the International Plumbing Code, the International Building Code, Chapter 29-Plumbing
Systems, or the International Residential Code, Part VII-Plumbing, as adopted and
promulgated by the Louisiana Uniform Construction Code Commission. The building
official for the parish, municipality, or regional planning commission, as authorized in R.S.
40:1730.24 and appointed pursuant to R.S. 40:1730.25, or a qualified building code
enforcement officer designated by the building official, shall have the authority to enforce
the plumbing provisions adopted pursuant to Part IV-A, State Uniform Construction Code,
Chapter 8 of this Title.

E. The Louisiana State Plumbing Code [Part XIV (Plumbing) of the State Sanitary
Code] as amended by the state health officer acting through the office of public health of the
Louisiana Department of Health shall be null, void, and unenforceable on and after January
1, 2016.

*Acts 1976, No. 346, §1; Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1982, No. 619, §1; Acts 1986, No. 885, §1; Acts 1988, No. 942, §1; Acts 1990, No. 242, §1; Acts 1990, No. 267, §1; Acts 1993, No. 147, §1, eff. May 26, 1993; Acts 1993, No. 289, §1, eff. June 2, 1993; Acts 1993, No. 753, §1; Acts 1997, No. 814, §1; Acts 2001, No. 820, §2; Acts 2002, 1st Ex. Sess., No. 14, §1, eff. April 18, 2002; Acts 2005, No. 469, §1; Acts 2006, No. 846, §1; Acts 2007, No. 267, §1; Acts 2008, No. 56, §3, eff. July 1, 2009; Acts 2009, No. 330, §1, eff. Jan. 1, 2010; Acts 2012, No. 620, §1, eff. June 7, 2012; Acts 2013, No. 220, §17, eff. June 11, 2013; Acts 2014, No. 456, §1; Acts 2014, No. 791, §14; Acts 2014, No. 836, §§3, 4, eff. Jan. 1, 2016; Acts 2018, No. 206, §4; Acts 2018, No. 590, §1; Acts 2019, No. 423, §1, eff. June 20, 2019; Acts 2022, No. 271, §4; Acts 2024, No. 148, §4, eff. Jan. 1, 2025.*

##### **§ 40:4.1** Cochon de lait; preparation in traditional manner {#sec-40-4.1 omnilex-key=us-la-statutes--rs-title-40--40:4.1}

Notwithstanding any provisions of the state sanitary code or of any other law or regulation to the contrary, it shall be lawful to prepare cochon de lait in the traditional manner for public consumption. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

*Added by Acts 1977, No. 290, §1.*

##### **§ 40:4.2** Jambalaya; preparation in traditional manner {#sec-40-4.2 omnilex-key=us-la-statutes--rs-title-40--40:4.2}

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare jambalaya in the traditional manner for public consumption, including the use of iron pots, wood fires, and preparation in the open for service to the public at public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

*Added by Acts 1977, No. 166, §1.*

##### **§ 40:4.3** Hard- and soft-shell crabs; preparation in traditional manner for public consumption {#sec-40-4.3 omnilex-key=us-la-statutes--rs-title-40--40:4.3}

Notwithstanding any contrary provisions of the state sanitary code or any contrary
provision of any other law or regulation, it shall be lawful to prepare hard- and soft-shell
crabs in the traditional manner for public consumption at recognized outdoor Louisiana
festivals, including preparation in the open for service to the public at such public gatherings.
This Section shall not be construed to allow the sale or distribution of any unwholesome
food.

*Added by Acts 1983, No. 42, §1; Acts 2018, No. 206, §4.*

##### **§ 40:4.4** Italian food; preparation in traditional manner for public consumption {#sec-40-4.4 omnilex-key=us-la-statutes--rs-title-40--40:4.4}

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare Italian food in the traditional manner for public consumption at recognized outdoor Louisiana festivals, including preparation and display in the open for service to the public at such public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

*Added by Acts 1983, No. 51, §1.*

##### **§ 40:4.5** Exemptions {#sec-40-4.5 omnilex-key=us-la-statutes--rs-title-40--40:4.5}

Parishes shall be exempt from that portion of the special event food and beverage preparation regulations of the department that require any equipment, design, construction, utensils, supplies, preparation, or services of any organization directing or operating a celebration of any recognized Louisiana festival or fair or any participant who prepares, serves, or sells any food or beverage at the celebration.

*Acts 1984, No. 906, §1, eff. July 20, 1984.*

##### **§ 40:4.6** Exemption; benefits for zoos {#sec-40-4.6 omnilex-key=us-la-statutes--rs-title-40--40:4.6}

Any provision of the Louisiana Department of Health special event food and
beverage preparation regulations that requires any equipment, design, construction, utensils,
supplies, preparation, or services shall not apply to any organization or corporation directing
or operating an event for the benefit of a publicly owned zoo nor to any participant who
prepares, serves, or sells any food or beverage at such an event. This Section shall not be
construed to allow the sale or distribution of any unwholesome food.

*Added by Acts 1985, No. 608, §1; Acts 2018, No. 206, §4.*

##### **§ 40:4.7** New Orleans Jazz and Heritage Festival {#sec-40-4.7 omnilex-key=us-la-statutes--rs-title-40--40:4.7}

A food and beverage vendor at the New Orleans Jazz and Heritage Festival shall be
subject to inspection and compliance with applicable provisions of the state sanitary code and
especially the special event food and beverage preparation regulations that pertain to
equipment, design, construction, utensils, supplies, preparation, and services. The festival
shall not be subject to exemptions granted in R.S. 40:4.5. The Louisiana Department of
Health shall charge a permit fee of twenty-five dollars to each food and beverage vendor at
the festival.

*Acts 1988, No. 304, §1; Acts 2025, No. 514, §1, eff. July 1, 2025.*

##### **§ 40:4.8** Voluntary sanitary inspections of food booths {#sec-40-4.8 omnilex-key=us-la-statutes--rs-title-40--40:4.8}

A.(1) The Louisiana Department of Health shall inspect and may
permit food booths at recognized Louisiana fairs and festivals for compliance
with the special event food and beverage preparation regulations upon written
request and signed agreement from the officials or organizations operating or
directing such fairs or festivals. Such inspections shall be voluntary on the
part of the officials or organizers of the fairs and festivals. The department
shall exercise the enforcement powers authorized by the state's sanitary code
when complying with a request and agreement executed in accordance with
this Section.

(2) The department may establish and charge reasonable fees for such
inspections consistent with current administrative regulations. Such fee shall
not exceed twenty-five dollars per fair or festival.

B. Neither the department nor the state shall be liable for a failure to
inspect any fair or festival when the officials or organizations operating or
directing such fair or festival fail to make a written request and execute a
signed agreement for such inspection pursuant to this Section.

*Acts 1988, No. 644, §1, eff. Jan. 1, 1989.*

##### **§ 40:4.9** Low-risk foods; preparation in home for public consumption {#sec-40-4.9 omnilex-key=us-la-statutes--rs-title-40--40:4.9}

A.(1)(a) No provision of the state Sanitary Code or any provision of any other law
or regulation that requires any equipment, design, construction, utensils, supplies,
preparation, or services shall apply to the preparation of low-risk foods, as defined in
Subsection E of this Section, in the home for sale. For purposes of this Section, with respect
to preparation of cane syrup, "the home" shall mean, in addition to a dwelling, an open-sided
structure on private property that shelters a cast iron kettle, evaporator, or other equipment
for preparing cane syrup in the traditional manner. This Section shall not be construed to
allow the sale or distribution of any unwholesome food.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any
preparer of breads, cakes, cookies, or pies who employs any individual to assist in the
preparation of such food for sale.

(2) Notwithstanding any provision of law to the contrary, all of the following
restrictions, conditions, and requirements shall apply to the preparation of breads, cakes,
cookies, and pies in the home for sale:

(a) All outside openings shall be protected against flies and other vermin.

(b) The building shall be constructed so as to exclude rats, mice, roaches or other
vermin. Domestic pets shall be excluded in any part of the establishment where preparation
and baking of such bakery products takes place.

(c) All equipment used or connected in any way with the manufacture, baking,
cooking or other processing, handling, packing, or storing of any bakery product shall
comply with the following:

(i) Be maintained in a clean and sanitary manner, be free from cracks and, wherever
possible, be composed of non-corroding, metal or other smooth, impervious material giving
an easily cleanable surface. Stationary or not readily movable equipment shall be so installed
as to provide for easy cleaning.

(ii) Refrigeration shall be provided so that all perishable food products used in the
manufacturer processing of any kind connected with the production, distribution, or sale of
bakery products shall be maintained at a temperature not to exceed forty-five degrees
Fahrenheit.

(iii) Equipment too large to permit washing in the sinks shall be cleaned in a manner
approved by the state health officer.

(iv) All barrels, boxes, tubs, pails, kneading troughs, machines, racks, pans, or other
receptacles used for holding materials from which bakery products are manufactured shall
be kept clean and sanitary and shall be so constructed as to be easily cleanable.

(v) All food contact surfaces shall be cleaned and sanitized after each day's
production.

(d) Only pasteurized milk or milk products shall be used in the preparation of custard
and cream-filled bakery products.

(e) All custard or cream-filled mixtures shall be cooked, the temperature and time
of heating of the mix, to be at a minimum, the equivalent of a temperature of one hundred
forty-five degrees Fahrenheit for a period of not less than thirty minutes.

(f) Upon completion of the cooking of the mix, it shall be immediately transferred
into previously sanitized containers, properly covered and chilled as rapidly as possible to
forty-five degrees Fahrenheit or below and maintained at such a temperature until used.

(g) The apparatus and food contact surfaces used in adding any custard or cream
filling to a bakery product shall be of impervious material and shall be thoroughly cleaned
and sanitized after each use, in a manner approved by the state health officer. No cloth filled
bags shall be used.

(h) Preparers engaged in the preparation of custard or cream-filled bakery products
shall not touch the custard or cream filling with their hands after it has been cooked.

B. This Section shall not apply to any preparer of low-risk foods made at a home for
sale, whose gross annual sales equal thirty thousand dollars or more.

C. No individual who prepares breads, cakes, cookies, or pies in the home for sale
to the public pursuant to this Section shall sell such foods to any retail business or individual
for resale.

D.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, any individual
who prepares low-risk foods in the home for sale, as authorized by this Section, shall affix
to any such food offered for sale a label which clearly indicates that the food was not
produced in a licensed or regulated facility.

(b) The food labeling requirement in Subparagraph (a) of this Paragraph shall not
apply to raw honey offered for sale if the honey is not pasteurized, filtered, or otherwise
processed in such a way as to remove natural pollen contained in the honey.

(2) No individual who prepares low-risk foods in the home shall sell such foods
unless he is registered to collect any local sales and use taxes that are applicable to the sale
of such foods, as evidenced by a current sales tax certificate issued to the seller by the sales
and use tax collector for the parish in which the sales occur.

E. For purposes of this Section, "low-risk foods" shall include all of the following,
none of which shall consist of any animal muscle protein or fish protein:

(1) Baked goods, including breads, cakes, cookies, and pies.

(2) Candies.

(3) Cane syrup.

(4) Dried mixes.

(5) Honey and honeycomb products.

(6) Jams, jellies, and preserves.

(7) Pickles and acidified foods.

(8) Sauces and syrups.

(9) Spices.

F. No preparer of low-risk foods pursuant to this Section shall sell any food
containing cannabidiol unless the United States Food and Drug Administration approves
cannabidiol as a food additive.

*Acts 1991, No. 603, §1; Acts 1995, No. 977, §1; Acts 1997, No. 658, §2; Acts 2013, No. 370, §1; Acts 2014, No. 542, §1; Acts 2014, No. 789, §1; Acts 2015, No. 45, §1; Acts 2019, No. 164, §2, eff. June 6, 2019; Acts 2022, No. 357, §1.*

##### **§ 40:4.9.1** Louisiana Small Wild Catfish Processor's Act; preparation for direct sale to the consuming public {#sec-40-4.9.1 omnilex-key=us-la-statutes--rs-title-40--40:4.9.1}

A.(1)(a) No provision of the state Sanitary Code or any provision of any other law
or regulation that requires any equipment, design, construction, utensils, supplies,
preparation, or services shall apply to the preparation of wild catfish for direct sale to the
consuming public. This Section shall not be construed to allow the sale or distribution of any
unwholesome food.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any
preparer of wild catfish who employs any individual to assist in the preparation of the wild
catfish for sale.

(2) Notwithstanding any provision of law to the contrary, all equipment used or
connected in any way with the manufacture or other processing, handling, packing, or storing
of any wild catfish prepared for direct sale to the consuming public pursuant to this Section
shall comply with the following:

(a) Be maintained in a clean and sanitary manner, be free from cracks and, wherever
possible, be composed of noncorroding metal or other smooth, impervious material giving
an easily cleanable surface. Stationary or not readily movable equipment shall be so installed
as to provide for easy cleaning.

(i) All barrels, boxes, tubs, pails, or other receptacles used for holding the processed
wild catfish shall be kept clean and sanitary and shall be so constructed as to be easily
cleanable.

(ii) All food contact surfaces shall be cleaned and sanitized after each day's
production.

(b) If appropriate, be refrigerated so that all processed wild catfish shall be
maintained at an appropriate temperature.

B. No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell more than four hundred pounds of wild catfish per month.

C. No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell the processed wild catfish to any retail business or
individual for resale.

D.(1) Any individual who prepares wild catfish for direct sale to the consuming
public pursuant to this Section shall affix to any processed wild catfish offered for sale a
label which clearly indicates that the food was not produced in a licensed or regulated
facility.

(2) No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell the processed wild catfish unless the individual is
registered to collect any local sales and use taxes that are applicable to the sale of the
seafood, as evidenced by a current sales tax certificate issued to the seller by the sales and
use tax collector for the parish in which the sales occur.

E. No individual who prepares wild catfish for direct sale to the consuming public
pursuant to this Section shall sell the processed wild catfish unless the individual holds a
wholesale/retail seafood dealer's license pursuant to R.S. 56:306 or a fresh products license
pursuant to R.S. 56:303.1.1.

F. This Section shall be known and may be cited as the "Louisiana Small Wild
Catfish Processor's Act".

*Acts 2023, No. 209, §1.*

##### **§ 40:4.10** Public notice of infectious medical waste storage by landowner {#sec-40-4.10 omnilex-key=us-la-statutes--rs-title-40--40:4.10}

A.(1) If a landowner, lessees, and occupants have actual or constructive knowledge
that his property has been, or is being used, for the storage of infectious medical waste, as
is defined by R.S. 40:4(A)(2)(b), or has been identified by the department as a storage facility
for infectious medical waste, the landowner, lessees, and occupants shall cause notice of the
location of the storage facility to be recorded in the conveyance records of the parish in
which the property is located.

(2) Such notice shall be made in a form approved by the state health officer and
within the time specified by the state health officer. If a landowner, lessees, and occupants
fail or refuse to record such notice, the state health officer may, if he determines that the
public interest requires, and after due notice and an opportunity for a hearing with the
division of administrative law has been given to the landowner, lessees, and occupants, cause
such notice to be recorded at the cost of the landowner, lessee, or occupant.

(3) The clerk of court of the parish in which the property is located shall forward to
the Louisiana Department of Health, office of public health, center for environmental health
services, the Department of Environmental Quality, the local fire department, the municipal
police department, and the local sheriff a copy of each notice recorded by a landowner,
lessees, and occupants in accordance with this Subsection.

B.(1) If any person wishes to remove such notice, he shall notify the state health
officer prior to requesting the removal by the clerk of court in the parish where the property
is located. The request shall specify the facts supporting removal of the notice, including any
evidence that the waste no longer poses a potential threat to the public health. Upon finding
that the infectious medical waste is no longer present and no longer poses a potential threat
to public health, the state health officer shall approve removal of the notice.

(2)(a) If approval is granted by the state health officer, the request may be made by
affidavit to the clerk of court for the removal of the notice, and it shall be removed. Within
ten days after removal, the clerk of court shall send a notice of the removal to the state health
officer.

(b) If the state health officer objects to the removal of such notice, or fails to make
a final determination upon the request within ninety days, the person desiring to have the
notice removed may petition the division of administrative law for removal of the notice and
after a contradictory hearing between the landowner, lessee, or occupant, the clerk of court,
and the state health officer or his designee, the administrative law judge may grant such relief
upon adequate proof by the petitioner that the property no longer contains the infectious
medical waste which posed a threat to health or to the environment.

C. This Section shall not apply to the following:

(1) Infectious medical waste generated at a residence by individuals.

(2) Small healthcare and medical facilities, being defined as those facilities
generating in any given month, or cumulatively stored in any given month, infectious
medical waste meeting both of the following criteria:

(a) Less than twenty-five kilograms (fifty-five pounds), not including sharps.

(b) Less than five kilograms (eleven pounds) of sharps.

(3) An office at a particular location operated by a licensed, registered, or certified
healthcare provider actively engaged in the practice of his profession whose office
prominently displays to the public such practice of healthcare profession.

(4) A "pharmacy" as defined in R.S. 37:1164.

(5) A "hospital" as defined in R.S. 40:2102.

(6) A medical facility located at a commercial or industrial site used primarily to
administer medical services to site personnel.

(7) Postsecondary educational institutions, including but not limited to schools of
medicine, pharmacy, dentistry, veterinary science, nursing, and allied health professions and
any related clinical and research programs.

D. The failure of a landowner, lessees, or occupants to file the required notice under
this Section may subject him to a fine, payable to the department, of not less than fifty dollars
per day and not more than five hundred dollars per day and not to exceed ten thousand
dollars per violation per calendar year.

E. Nothing in this Section shall be deemed to derogate or detract in any way from
the functions, powers, or duties prescribed by law of any other department of this state.

*Acts 2002, 1st Ex. Sess., No. 14, §1, eff. April 18, 2002; Acts 2018, No. 206, §4.*

##### **§ 40:4.11** Community-type sewage systems and public water systems; permits {#sec-40-4.11 omnilex-key=us-la-statutes--rs-title-40--40:4.11}

A. The state health officer shall issue his determination of approval or
disapproval of a permit for construction of a public water system, including a
community water system, or a community-type sewage system within sixty
days after receipt of the initial submission to the office of public health of
plans and specifications for which a permit is requested pursuant to the state
sanitary code.

B. If the office of public health fails to take action to approve or
disapprove a plan within seventy-five days after initial submission of the plans
and specifications for which approval is sought, then any interested party may
bring an action for mandamus against the state health officer or appropriate
office of public health, and such officer or office shall be responsible for all
costs of court and reasonable attorney fees incurred in the prosecution of such
action. Nothing in this Section shall prohibit the party seeking the permit and
the office of public health from agreeing in writing to an extension of the time
limits specified in this Section.

C. The office of public health of the Louisiana Department of Health
shall promulgate rules to implement the requirements of this Section, which
rules shall include the establishment of time delays, not in conflict with this
Section, within which the office of public health must request further
information, clarifications, or changes to plans and specifications received
from an applicant, as well as the establishment of time delays, not in conflict
with this Section, within which an applicant must supplement his plans and
specifications pursuant to a request to do so from the office of public health.

D. Nothing in this Section shall be construed to alter any enforcement
authority regarding sewage disposal and water supplies otherwise granted to
the state health officer pursuant to statute or rule.

*Acts 1999, No. 853, §1.*

##### **§ 40:4.12** Water distribution in certain facilities {#sec-40-4.12 omnilex-key=us-la-statutes--rs-title-40--40:4.12}

A. Notwithstanding any provisions of the state Sanitary Code or any other law or regulation to the contrary, color coding of piping and outlets conveying potable and nonpotable water, including by painting such piping and outlets yellow or blue, shall not be required within a facility that is engaged in activities defined or classified under one or more of the following subsectors, industry groups, or industries of the 1997 North American Industry Classification System (NAICS), provided that such facility has a potable water distribution identification plan that satisfies the requirements set forth in Subsection B of this Section:

(1) 22111 electric power generation.

(2) 3221 pulp, paper, and paperboard mills.

(3) 324 petroleum and coal products manufacturing.

(4) 325 chemical manufacturing.

(5) 326 plastics and rubber products manufacturing.

(6) 331 primary metal manufacturing.

(7) 211 oil and gas extraction.

(8) 486 pipeline transportation.

(9) 213111 drilling oil and gas wells.

(10) 213112 support activities for oil and gas operations.

B.(1) A qualifying potable water distribution identification plan must contain the following information:

(a) The name and address of the facility.

(b) The position of the facility employee responsible for implementation of the plan.

(c) A written procedure, which may be provided by reference to existing facility procedures, that is applicable and in effect at the facility, and:

(i) Preserves potable water by preventing cross-connection and other possibilities for contamination from modification and replacement of piping or equipment at the facility by any person.

(ii) Identifies on-site piping and outlets conveying potable water.

(iii) Requires a formal cross connection control survey of the facility to be performed by a qualified individual at least once every five years beginning no later than July 1, 2006.

(2) The plan must be maintained and fully implemented by the facility.

(3) The procedures in the plan must be communicated, in writing or transmitted electronically, to all employees of the facility and to all contractors or subcontractors working at the facility.

C. If a facility identified in Subsection A of this Section has a potable water distribution identification plan that satisfies the requirements set forth in Subsection B of this Section, valves, branch fittings, and branch terminals in nonpotable water service at such facility need not be identified by the words "nonpotable water" or any similar language or labeling system.

D. Facilities identified in Subsection A of this Section shall not be deemed in violation, past or present, of any law or regulation concerning color coding or labeling of piping, valves, branch fittings, branch terminals, and outlets conveying potable or nonpotable water until the plan is fully implemented. The plan shall be fully implemented by July 1, 2006, unless a later date is agreed upon by the facility and the state health officer or his designee. The plan shall be maintained at the facility and made available for inspection upon request by the state health officer or his designee.

*Acts 2004, No. 791, §1, eff. July 8, 2004.*

##### **§ 40:4.13** Repealed by Acts 2021, No. 98, §2. {#sec-40-4.13 omnilex-key=us-la-statutes--rs-title-40--40:4.13}

*Repealed by Acts 2021, No. 98, §2.*

##### **§ 40:4.14** Not-for-profit entity or charitable organization; receipt or use of certain meats or fish in food or meal distribution {#sec-40-4.14 omnilex-key=us-la-statutes--rs-title-40--40:4.14}

Notwithstanding any provision of the state Sanitary Code or any other law or regulation to the contrary, it shall be lawful for a not-for-profit entity or a charitable organization to receive or use any commercial or game fish, migratory or resident game bird, game quadruped, as defined in R.S. 56:8, alligator, or feral hog in food or meal distribution at no cost to an individual.

*Acts 2013, No. 371, §1, eff. June 18, 2013.*

##### **§ 40:4.15** Minimum disinfectant residual level of free or total chlorine throughout public water systems; rules and regulations; reporting {#sec-40-4.15 omnilex-key=us-la-statutes--rs-title-40--40:4.15}

A. The Louisiana Department of Health, office of public health, shall promulgate
rules and regulations pursuant to the Administrative Procedure Act that require a public
water system to maintain a minimum disinfectant level of free or total chlorine in the water
being delivered to the distribution system, in finished water storage tanks, and in all points
of the distribution. Such rules and regulations shall not specify a minimum disinfectant level
of less than 0.1 parts per million. This Section shall apply to any water system that provides
water for residential consumption and use. However, the provisions of this Section shall not
apply to any private water system that supplies water to three or less residences or that is
used primarily for agricultural operations as defined in R.S. 3:3602(5).

B. The department shall review such rules and regulations as necessary and shall
submit an annual report as to the state of public water systems across Louisiana to the Senate
Committee on Health and Welfare and the House Committee on Health and Welfare no later
than February first of each year.

C. An industrial user that owns, operates, and maintains a water system dedicated
to the exclusive use of its operations or facilities may apply for a variance from any
requirement to maintain a minimum disinfectant level of free or total chlorine in its water
system. The department shall review any such variance request and may grant approval if
not inconsistent with applicable federal statute, rule, or regulation. Nothing in this Section
shall be construed to require such an industrial user or consumer holding such a variance or
holding a variance pending final agency determination to reapply for such variance.

*Acts 2014, No. 573, §1.*

##### **§ 40:4.16** Water systems; iron and manganese control {#sec-40-4.16 omnilex-key=us-la-statutes--rs-title-40--40:4.16}

The office of public health of the Louisiana Department of Health shall promulgate
and adopt rules in accordance with the Administrative Procedure Act to implement iron and
manganese control requirements for water systems.

*Acts 2014, No. 861, §2.*

##### **§ 40:5** General powers and jurisdiction {#sec-40-5 omnilex-key=us-la-statutes--rs-title-40--40:5}

A. The state health officer and the office of public health of the Louisiana
Department of Health shall have exclusive jurisdiction, control, and authority:

(1) To isolate or quarantine for the care and control of communicable disease within
the state.

(2) To take such action as is necessary to accomplish the subsidence and suppression
of diseases of all kinds in order to prevent their spread.

(3) To enforce a sanitary code for the entire state containing provisions for the
improvement and amelioration of the hygienic and sanitary conditions of the state.

(4) To enact provisions regulating the standards of health and decency and building
regulations of all prisons, jails, lock-ups, and camps where prisoners are detained or
confined.

(5) To supervise, inspect, and issue sanitation permits for water supplies,
slaughterhouses, cold storage plants, all places of public accommodation, and the handling
and control of hygienic conditions with respect to all food.

(6) To take such action as may be authorized by the administrator of the
Environmental Protection Agency under the federal Safe Drinking Water Act of 1974, as
amended.

(7) To make all sanitary inspections and provide for the issuance of health permits.

(8) Over the enforcement of controls and issuance of permits for the distribution and
handling of dangerous drugs.

(9) Over the treatment and disposal of municipal or domestic sewage.

(10) Over the reporting of communicable diseases.

(11) Over the gathering, keeping, reporting, and tabulating of vital and mortuary
records and statistics for all parishes of the state.

(12) Over the providing of facilities for vaccination.

(13) To assist in the supervision and operation of parish and municipal health units
and departments.

(14) Over the regulation of the carriage and transportation of persons, freight, and
dead bodies brought into the state or transported through or in the state as they may affect
public health.

(15) Over the sanitary inspection of meat, milk, and other products which may affect
public health and safety.

(16) Over the sanitary conditions required at any public gathering or meeting.

(17) Over the adoption of rules and regulations regarding public health, sanitary, and
hygienic subjects, including those for standards governing noxious odors.

(18) To promulgate rules and regulations in accordance with the Administrative
Procedure Act to establish a fee schedule, based on ability to pay or eligibility for third party
reimbursement, for services provided by the Children's Special Health Services program and
maternal and child health programs in the office of public health.

(19) To conduct health inspections and issue health permits through state-employed
licensed sanitarians, or by licensed sanitarians of parish health units or departments.

(20) Over those functions of the state provided by law relating to environmental
quality and pollution control which are related to the public health and which are specifically
assigned to the department by statute.

(21)(a) To conduct health, safety, and sanitation inspections, through state-employed
licensed sanitarians, of any place upon receipt of a complaint that the department determines
shows appropriate and sufficient grounds to indicate a health hazard or sanitary code
violation may exist, regardless of whether such place is licensed or not, or otherwise
regulated.

(b) In order to comply with the provisions of Subparagraph (a) of this Paragraph, a
licensed sanitarian may, if necessary, seek and obtain an appropriate order or warrant from
the state district court for the judicial district in which the place to be inspected is located to
enter, examine, and inspect such place for a health hazard or sanitary code violation.

B. Nothing in this Section shall grant or be interpreted as to grant the state health
officer or the office of public health of the Louisiana Department of Health the authority to
supercede the authority of municipalities or parishes to enforce the State Uniform
Construction Code provided for in Part IV-A of Chapter 8 of this Title. The building official
for the parish, municipality, or regional planning commission, as authorized in R.S.
40:1730.24 and appointed pursuant to R.S. 40:1730.25, or a qualified building code
enforcement officer designated by the building official, shall have the authority to enforce
the plumbing provisions adopted pursuant to Part IV-A of Chapter 8 of this Title.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1979, No. 449, §4, eff. Jan. 1, 1980; Acts 1989, No. 713, §1; Acts 1990, No. 574, §1; Acts 1993, No. 180, §1, eff. May 31, 1993; Acts 1999, No. 993, §1, eff. July 9, 1999; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2014, No. 836, §3, eff. Jan. 1, 2016; Acts 2022, No. 271, §4.*

##### **§ 40:5.1** Sanitation; inspection of railroad property {#sec-40-5.1 omnilex-key=us-la-statutes--rs-title-40--40:5.1}

The secretary of the Louisiana Department of Health or his designee shall have the
authority to go upon railroad property and inspect the premises for sanitary conditions and
enforce the rules and regulations pertaining to sanitation.

*Added by Acts 1978, No. 241, §1.*

##### **§ 40:5.2** Limitations {#sec-40-5.2 omnilex-key=us-la-statutes--rs-title-40--40:5.2}

Nothing in this Part shall be construed to authorize the state health
officer or the Louisiana Department of Health to impose on any person any
mode of treatment inconsistent with^1^ creed or tenets of any religious
denomination of which he is an adherent, provided that sanitary and quarantine
regulations are complied with by such person.

Added by Acts 1982, No. 619, §1.

^1^The words "with creed" are as they appear in the enrolled Act.

##### **§ 40:5.3** Molluscan shellfish sanitation requirements; opening and closing of molluscan shellfish growing areas; adoption of guidelines to regulate molluscan shellfish industry; authority to collect samples for bacteriological analysis; testing of oysters; Calcasieu Lake {#sec-40-5.3 omnilex-key=us-la-statutes--rs-title-40--40:5.3}

A. The legislature finds and declares that serious risks to public health are posed by
harvesting molluscan shellfish from growing areas not approved by the state health officer;
and that it is in the best interests of the public health and welfare, as well as the Louisiana
molluscan shellfish industry, that the state be authorized to immediately close from
harvesting any molluscan shellfish growing area adversely affected by health dangers, and
to immediately open such molluscan shellfish growing areas when it is determined that the
health dangers are no longer a threat to public health.

B. Notwithstanding the provisions of R.S. 40:4, the provisions of Chapter 13 of Title
49 of the Louisiana Revised Statutes, except R.S. 49:951, 952, 953, 968, and 979, shall not
apply to procedures and proceedings to close from molluscan shellfish harvesting any
molluscan shellfish growing area affected by a public health danger, nor to procedures and
proceedings for subsequent opening of any such molluscan shellfish growing areas when the
Louisiana Department of Health and the Department of Wildlife and Fisheries jointly
determine that the protection of the public health mandates or warrants such closure or
opening, nor to procedures and proceedings for such determination.

C. The Louisiana Department of Health shall utilize supplemental water quality data
from certified laboratories of other state and local government agencies in water quality
monitoring and sampling programs to be used by the department for certifying the quality of
molluscan shellfish harvested from Louisiana growing areas in compliance with this Section.
However, nothing in this Subsection shall prevent the department from having the final
decision making authority in the opening and closing of molluscan shellfish growing areas.

D. Approved molluscan shellfish growing area water quality monitoring plans from
other state or local agencies may be shared in meetings called by the representative or senator
from the respective districts containing molluscan shellfish growing areas.

E. The purpose of this Section is to develop guidelines to govern and regulate the
shellfish industry to ensure that the final shellfish product is safe and wholesome. The
Louisiana Department of Health shall enforce the requirements for classification of shellfish
growing areas and for certifying, processing, and distributing shellfish, which requirements
are contained in Part IX of Title 51 of the Louisiana Administrative Code and promulgated
under the provisions of R.S. 49:962.

F. The Louisiana Legislature may create a Shellfish Management Task Force which
shall periodically review the procedures by which the Louisiana Department of Health and
the Department of Wildlife and Fisheries determine the opening and closing of molluscan
shellfish growing areas to be certain that Louisiana water quality monitoring and sampling
is in full compliance with sanitation requirements for shellfish growing areas and for
harvesting, processing, and distributing shellfish.

G. The taking of molluscan shellfish from areas closed, or not approved, by the state
health officer shall constitute a violation of this Section and R.S. 56:424(E).

H. In order for the Louisiana Department of Health to monitor molluscan shellfish-related diseases for verification and certification, the department may collect from all water
bottoms, both public and private, such shellfish samples as may be required for
bacteriological, chemical, and radiological analysis. The department shall notify the owner
or lessee of the collection of such samples, but it shall not be a condition precedent to the
taking of such shellfish.

I. Until final adoption by the secretary of the Department of Wildlife and Fisheries
of regulations governing freshwater mussels, the provisions of this Section shall not apply
to the harvesting of freshwater mussels in those areas of the state designated as freshwater
by R.S. 56:322(A) and (B) provided that such harvesting is for shells only.

J. The Louisiana Department of Health shall be required to collect any samples of
oysters and report the results of any testing of oysters in Calcasieu Lake for chemical,
radiological, or metallic analysis at least forty-five days prior to the opening of the oyster
season as fixed by the commission in accordance with R.S. 56:435.1 or 435.2. Nothing
herein shall interfere with the authority of the department to conduct such routine chemical
testing for the presence of such contaminants during the open season.

*Added by Acts 1982, No. 406, §1; Acts 1982, No. 685, §1. Amended by Acts 1983, No. 232, §1; Acts 1988, No. 1, §2, eff. May 12, 1988; Acts 1991, No. 632, §1; Acts 1992, No. 851, §2; Acts 1995, No. 120, §1, eff. June 12, 1995; Acts 2004, No. 213, §2; Acts 2018, No. 206, §4; Acts 2021, No. 211, §10.*

##### **§ 40:5.3.1** Repealed by Acts 2011, No. 1, §2, eff. on May 20, 2011. {#sec-40-5.3.1 omnilex-key=us-la-statutes--rs-title-40--40:5.3.1}

*Repealed by Acts 2011, No. 1, §2, eff. on May 20, 2011.*

##### **§ 40:5.4** Testing of private water wells {#sec-40-5.4 omnilex-key=us-la-statutes--rs-title-40--40:5.4}

Upon the request of the owner of any private water well, the state health officer or his representative is authorized to test the purity of the water produced by such well and shall report the results of such testing to the owner.

*Added by Acts 1975, No. 698, §1; Acts 1999, No. 289, §5.*

##### **§ 40:5.5** Sanitary inspections of certain food service establishments; food safety certificates {#sec-40-5.5 omnilex-key=us-la-statutes--rs-title-40--40:5.5}

A. The Louisiana Department of Health shall charge only one sanitary inspection fee
for the first two permits issued in accordance with the sanitary code for businesses that
possess a valid local or state Class R permit and operate primarily as a restaurant. The fee
provided for in this Subsection for the first two shall not exceed the fee assessed for the first
permit according to administrative regulations in effect on September 3, 1989.

B. No person, other than a representative of the restaurant, shall be notified by the
department of the time and place of the inspection prior thereto.

C. The state health officer and the office of public health of the Louisiana
Department of Health shall require, at a minimum, the owner or a designated employee of
a food service establishment to hold a food safety certificate; however, the state health officer
and the office of public health of the Louisiana Department of Health shall not require more
than one owner or employee per establishment to hold a food safety certificate. Provisions
for the issuance and renewal of such certificate shall be made part of the state's Sanitary Code
in accordance with the provisions of R.S. 40:4 and the following requirements, conditions,
and authorizations:

(1) The office of public health shall approve training programs for applicants which
impart and test knowledge of the nature, prevention, and control of foodborne illness
transmission and of methods for identifying and monitoring critical control points for
safeguarding the production, processing, preparation, and serving of food. Such training
programs shall include but not be limited to instructions in the standards set forth in the
Applied Food Service Sanitation Program established by the Educational Foundation of the
National Restaurant Association or other programs recognized in the food service industry.
The office of public health shall approve training programs administered or approved by
another state, a political subdivision, or other jurisdiction with standards that meet or exceed
those established by this Subsection.

(2) A food safety certificate shall be issued to any person who files an application
upon a form and in such a manner as prescribed by the Sanitary Code if such person
furnishes satisfactory evidence that he has completed an approved training program or has
passed a written examination provided by the individual or group providing approved
training programs.

(3) A fee, not to exceed twenty-five dollars, may be imposed on and collected from
an individual or a food service establishment for a food safety certificate to defer expenses
in the administration of this Subsection.

(4) Renewal of the food safety certificate shall be required every five years.

(5) Display of a current, duly issued food safety certificate in the food service
establishment shall be required.

(6) Any food service establishment whose food sales are less than one hundred
twenty-five thousand dollars annually shall not be required to comply with this Subsection
until July 1, 2002. However, any such establishment may apply for such certificate prior to
such date.

D. No parish or municipality shall adopt or enforce any ordinance or regulation
requiring a food service establishment or any of its employees to complete a food safety
training program or test.

E.(1) For purposes of this Section, except as provided in Paragraph (2) of this
Subsection, "food service establishment" means an establishment which prepares food for
human consumption, either for individual service or for a group of people, whether
consumption is on or off the premises and regardless of whether there is a charge for the
food.

(2) The term "food service establishment" shall not include any of the following:

(a) A private home where food is prepared or served for individual family
consumption.

(b) A private club where food is prepared and served exclusively for member
consumption.

(c) Religious or charitable food sales.

(d) An establishment that heats or prepares boudin or sausage for personal
consumption.

(e) A bar or lounge that serves beverages only.

(f) A temporary or seasonal establishment.

(g) A bed and breakfast operation.

(h) A nursing facility.

(i) A public, private, or parochial school.

F, G. Repealed by Acts 2022, No. 271, §7.

*Acts 1989, No. 732, §1; Acts 1997, No. 1206, §1; Acts 1999, No. 647, §1, eff. July 1, 1999; Acts 2001, No. 506, §1; Acts 2003, No. 370, §1; Acts 2004, No. 608, §1; Acts 2022, No. 271, §§4, 7.*

##### **§ 40:5.5.1** Food service establishments; self-service buffets {#sec-40-5.5.1 omnilex-key=us-la-statutes--rs-title-40--40:5.5.1}

A. All food services establishments shall provide a sign posted at the location of the
self-service buffet which encourages individuals to wash their hands prior to serving
themselves.

B. Any violation of this Section shall be a violation of the state's Sanitary Code.

C. The Louisiana Department of Health shall prescribe and publish minimum
standards, rules, and regulations as necessary to effectuate the provisions of this Section.

D. For purposes of this Section "food service establishment" shall have the same
meaning as provided for in R.S. 40:5.5.

*Acts 2006, No. 384, §1.*

##### **§ 40:5.5.2** Seafood safety {#sec-40-5.5.2 omnilex-key=us-la-statutes--rs-title-40--40:5.5.2}

A. The legislature finds that serious risks to public health may be posed by radiation,
antibiotics, such as chloramphenicol and fluoroquinolones, chemicals, malachite green,
copper salts, and other residues found in seafood that originates from outside of the United
States. The overexposure to antibiotics from such seafood may cause serious antibiotic
resistance to the consumer. In addition, chemicals such as malachite green are known
carcinogens. It is the intent of the legislature to protect the health and welfare of Louisiana
consumers from potentially harmful residues in imported seafood that is sold or served in
Louisiana. The legislature further recognizes that the magnitude of the health risks
associated with imported seafood requires the full cooperation and collaboration of the
Louisiana Department of Health, the Louisiana Department of Agriculture and Forestry, the
Louisiana Department of Wildlife and Fisheries, the Department of Culture, Recreation and
Tourism, and the Department of Environmental Quality.

B.(1) The state health officer shall prepare and promulgate all rules and regulations
necessary to ensure that all consumers of imported marine and freshwater seafood products
are warned about the potential health risks associated with the consumption of those
products.

(2) The state health officer, in consultation with the Department of Agriculture and
Forestry, office of the lieutenant governor, the Louisiana Seafood Promotion and Marketing
Board, and the Louisiana Restaurant Association shall employ a marketing campaign that
places an emphasis on highlighting the benefits of eating domestic seafood.

(3) The state health officer shall produce a statement that may be included on labels,
placards, menu boards, or other promotional signage that encourages consumers to consume
Louisiana seafood and warns of the risks that may be associated with the consumption of
imported seafood.

(4) With the cooperation and assistance of the Louisiana Retailers Association, the
Louisiana Restaurant Association, and other necessary organizations, the state health officer
in conjunction with the Department of Agriculture and Forestry shall encourage the display
of the signage and other promotional literature as provided for in this Section where seafood
sales occur.

C. As used in this Part, the following terms shall have the following meanings:

(1) "Commingle" means to cause to blend together, mix, or combine domestic and
imported seafood.

(2) "Domestic crawfish" means any food product that is derived from red swamp
crawfish (Procambarus clarkii), white river crawfish (Procambarus zonangulus), or
pond-raised crawfish and is either:

(a) Raised, harvested, and processed in Louisiana.

(b) Raised, harvested, and processed in the United States and has satisfied the same
or substantially equivalent testing and labeling requirements of this state.

(3) "Domestic shrimp" means any food product that is derived from the species
Litopenaeus setiferus, Farfantepenaeus aztecus, Farfantepenaeus duorarum, Sicyonia
brevirostris, Pandalus borealis, and Pleoticus robustus and is either:

(a) Caught in Louisiana waters, the Gulf of Mexico, or any other adjacent state
waters and landed and processed in Louisiana.

(b) Caught, landed, and processed in the United States and has satisfied the same or
substantially equivalent testing and labeling requirements of this state.

*Acts 2009, No. 330, §1, eff. Jan. 1, 2010; Acts 2022, No. 271, §4; Acts 2024, No. 148, §3, eff. Jan. 1, 2025; Acts 2025, No. 300, §1, eff. June 11, 2025.*

##### **§ 40:5.5.3** Seafood Safety Task Force; creation; purpose {#sec-40-5.5.3 omnilex-key=us-la-statutes--rs-title-40--40:5.5.3}

A. Within the Department of Agriculture and Forestry there is hereby created the
Seafood Safety Task Force, hereafter referred to as "task force". The task force shall serve
as the state panel of experts focused on ensuring the safety of seafood processed, distributed,
purchased, and consumed in Louisiana and the education and awareness of consumers
regarding the health risks associated with imported seafood, as well as making
recommendations on the utilization of monies in the Imported Seafood Safety Fund to test
imported seafood.

B. The task force shall be charged with making recommendations to the
commissioner of agriculture and forestry on all of the following:

(1) The method in which the imported seafood is inspected in Louisiana.

(2) The frequency of inspections of imported seafood.

(3) The substances for which imported seafood are currently being tested, including
but not limited to malachite green, oxytetracycline, fluoroquinolone, and nitrofurantoin.

(4) The results of sampling analysis of potentially harmful substances in imported
seafood.

(5) The harmful effects of antibody resistence due to consumption of imported
seafood.

(6) The most effective methods of education and awareness to alert the public on the
importance of reading labels, menus, packaging, and signage before consuming seafood.

(7) The most effective methods of protecting our waters from contaminated foreign
bait shrimp.

(8) The cost of permits and the amount of fines and penalties imposed by the
agencies that regulate seafood in this state and whether the cost of the permits are sufficient
to effectively enforce state-mandated seafood programs and whether the fines and penalties
imposed are functioning as a successful deterrent or if they need to be increased.

(9) The many laws of the state regarding the seafood industry to ensure that they are
updated and modernized to continue to protect consumers of seafood.

(10) Any other matter considered appropriate by the members of the task force or as
requested by the legislature, governor, lieutenant governor, or state agency with
responsibility for seafood safety.

C. The task force shall compile the results of these findings annually and shall
develop seafood safety recommendations to be reported to the governor and the legislature
no later than February first of each year.

D. The task force shall be composed of the following fourteen members:

(1) A member appointed by the chairman of the House Committee on Health and
Welfare.

(2) A member appointed by the chairman of the Senate Committee on Health and
Welfare.

(3) The commissioner of the Department of Agriculture and Forestry or his designee.

(4) The chancellor of the Louisiana State University Agricultural Center or his
designee.

(5) A representative of the Louisiana Seafood Promotion and Marketing Board.

(6) The secretary of the Louisiana Department of Health or his designee.

(7) A representative of the Louisiana Shrimp Task Force.

(8) A representative of the Louisiana Farm Bureau Federation.

(9) The secretary of the Department of Wildlife and Fisheries or his designee.

(10) The secretary of the Department of Environmental Quality or his designee.

(11) A representative of the Louisiana Restaurant Association.

(12) A public health nutritionist.

(13) A representative of the Louisiana Crawfish Promotion and Research Board.

(14) A representative of the Louisiana Retailers Association.

E. The task force shall convene at least quarterly. At the first meeting of each
calendar year, the members shall elect a chairman and other officers as they consider
appropriate.

F. The task force shall meet at times and at places throughout the state as it may
designate to ensure participation. Meetings shall be held at the call of the chairman or at the
call of a quorum of members upon not less than seven days' notice. A majority of a quorum
shall be present to transact any business. The members of the task force shall not be
compensated for their services on the task force but may seek travel reimbursements from
their respective agencies under their respective guidelines. Meetings of the task force shall
be subject to laws regarding open meetings, and records of the task force shall be subject to
laws regarding public records.

G.(1) The chair of the task force may appoint committees to fulfill the purposes of
the task force. The chair of the task force shall appoint the chair of any committee and shall
designate the functions and responsibilities of each committee appointed.

(2) Committees may include but not be limited to a committee to facilitate
coordination with other coastal or seafood producing states in the United States, a committee
on coordination with the Louisiana Congressional delegation and the bipartisan American
Seafood Caucus, and a committee on promoting jobs and professional interest in commercial
fisheries.

H. The Department of Agriculture and Forestry shall promulgate any rules necessary,
in accordance with the Administrative Procedure Act, for implementation of the provisions
of this Section.

*Acts 2009, No. 330, §1, eff. Jan. 1, 2010; Acts 2024, No. 756, §2, eff. June 19, 2024; Acts 2025, No. 300, §1, eff. June 11, 2025.*

##### **§ 40:5.5.4** Imported crawfish and shrimp; notice to patrons of food service establishments required {#sec-40-5.5.4 omnilex-key=us-la-statutes--rs-title-40--40:5.5.4}

A. Any food service establishment that uses a menu as a standard business practice
and sells or provides cooked or prepared crawfish or shrimp that originate outside of the
United States shall display the following disclaimer in a clearly visible location on the menu:

"Some items served at this establishment may contain imported crawfish or shrimp.
Ask for more information."

B.(1) Any food service establishment that does not use a menu as a standard business
practice and sells or provides cooked or prepared crawfish or shrimp that originate outside
of the United States shall display the following disclaimer on a sign posted at the main
entrance to the establishment:

"Some items served at this establishment may contain imported seafood. Ask for
more information."

(2) Each sign shall be at least eighteen inches tall and eighteen inches wide and shall
be written in the English language in letters not less than one inch in size. The sign shall be
placed in an open area and in a conspicuous position not less than thirty-six inches from the
floor so that it is visible to all patrons.

C.(1) No owner or employee of a restaurant or other retailer that sells imported
seafood shall misrepresent to the public, either verbally, on a menu, or on signs displayed on
the premises, that the crawfish or shrimp being sold is domestic.

(2) All representations, notices, and declarations made to the general public under
this provision shall state clearly whether or not the crawfish or shrimp being sold to the
consumer at the point of purchase is either domestic or imported.

D. For any seafood that is sold unpackaged, a food establishment shall clearly display
the country of origin in a manner that is easily visible to the consumer.

E.(1) The Louisiana Department of Health shall be responsible for ensuring
compliance with this Section. Any violation of this Section shall constitute a violation of the
state Sanitary Code. The department shall issue fines for violations of this Section as
follows:

(a) For a first offense, a fine of not less than two hundred dollars and not more than
five hundred dollars per violation. The department, in its discretion, may provide an
opportunity for corrective action in lieu of a fine for a first offense.

(b) For a second offense, a fine of not less than five hundred dollars and not more
than one thousand dollars per violation.

(c) For a third and subsequent offense, a fine of not less than one thousand dollars
and not more than two thousand dollars per violation.

(2) Notwithstanding any provision of law to the contrary, including R.S. 40:6(D),
prior issuance of a notice of violation or compliance order shall not be a prerequisite to
imposing the fines authorized by this Subsection, which may be imposed by issuance of a
notice and order of imposition of penalties. The notice shall state with specificity the nature
of the violation, shall be served on the violator by any means authorized by the Sanitary
Code, and shall be subject to the same administrative appeal procedures and delays as
provided for compliance orders in the Sanitary Code.

F. The department shall establish a reporting mechanism for members of the public
to report suspected violations of this Section.

G. Reports to the department of suspected violations may be made anonymously.
No person who in good faith reports a suspected violation to the department shall be liable
for any civil damages. This Subsection shall not exempt from liability those individuals who
intentionally cause damages to another individual, business, or entity.

H. The Louisiana Department of Health shall promulgate all such rules in accordance
with the Administrative Procedure Act as are necessary to enforce the provisions of this
Section.

I. For purposes of this Section, "food service establishment" shall mean any
establishment provided for in R.S. 40:5.5 and any seafood market, grocer, vehicle, or other
entity or person that sells food directly to the public for consumption.

*Acts 2019, No. 372, §1, eff. June 19, 2019; Acts 2024, No. 148, §3, eff. Jan. 1, 2025.*

##### **§ 40:5.6** Safe drinking water; inspections and tests; cost {#sec-40-5.6 omnilex-key=us-la-statutes--rs-title-40--40:5.6}

A. Notwithstanding any other provision of law to the contrary, the
office of public health of the Louisiana Department of Health shall perform all
inspections, tests, or procedures on public water supplies as may be authorized
by the administrator of the Environmental Protection Agency under the federal
Safe Drinking Water Act, 42 U.S.C. 300f et seq. at no cost to any municipality,
parish governing authority, or any public or privately owned water system
except as provided in R.S. 40:31.33.

B. The office of public health shall perform tests for contaminants
identified in accordance with the federal Safe Drinking Water Act, 42 U.S.C.
300f et seq., at least once a year, as funds are appropriated, on all public water
supplies in municipalities with the following populations, based on the 1990
census:

(1) Between three thousand one hundred fifty and three thousand one
hundred sixty people.

(2) Between three thousand four hundred seventy and three thousand
four hundred eighty people.

(3) Between five thousand and five thousand fifteen people.

(4) Between twenty thousand one hundred twenty and twenty thousand
one hundred thirty people.

(5) Between seventy thousand five hundred seventy and seventy
thousand five hundred ninety people.

*Acts 1990, No. 257, §1, eff. July 4, 1990; Acts 1999, No. 1203, §2; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.*

##### **§ 40:5.6.1** Safe drinking water; pilot program for water testing at schools; reporting; termination {#sec-40-5.6.1 omnilex-key=us-la-statutes--rs-title-40--40:5.6.1}

A. The Louisiana Department of Health, referred to hereafter in this Section as the
"department", shall establish a pilot program for drinking water testing at elementary schools
which comports with the requirements and specifications provided in this Section.

B. The department shall select for the pilot program twelve public elementary
schools at which to conduct drinking water testing. The department shall select for the pilot
program schools with buildings which were built prior to 1986 or which may otherwise be
susceptible to drinking water contamination.

C. The office of public health of the department shall conduct drinking water testing
on a schedule determined by the state health officer in each school selected for the pilot
program. The state health officer shall select the standards for which the office shall test
such that the testing is accomplished in a cost-neutral manner.

D. The department shall operate the pilot program in a manner which incurs no
additional cost to the department.

E. The department shall report findings and outcomes of the pilot program to the
House and Senate committees on health and welfare on or before December thirty-first
annually.

F. The provisions of this Section shall terminate on January 1, 2021.

*Acts 2018, No. 632, §1.*

##### **§ 40:5.7** Sanitary inspections of individual, privately owned water wells; fees {#sec-40-5.7 omnilex-key=us-la-statutes--rs-title-40--40:5.7}

The office of public health of the Louisiana Department of Health is
authorized to establish a fee of seventy-five dollars for the collection and
analysis of bacteriological water samples from individual, privately owned
water wells, only at the request of the owner.

*Acts 1990, No. 213, §1.*

##### **§ 40:5.8** Definitions {#sec-40-5.8 omnilex-key=us-la-statutes--rs-title-40--40:5.8}

The following terms as used in this Chapter relative to public water systems shall
have the following meanings:

(1) "Community water system" means a public water system that serves year-round
residents within a residential setting. Examples of "community water systems" include
systems serving municipalities, water districts, subdivisions, and mobile home parks.

(2) "Noncommunity water system" means a public water system that serves persons
in a nonresidential setting. Examples of "noncommunity water systems" include systems
serving schools, day care centers, hospitals, highway rest areas, restaurants, bars, and grocery
stores.

(3) "Nontransient noncommunity water system" means a noncommunity water
system that regularly serves at least twenty-five of the same persons over six months per
year. Examples of "nontransient noncommunity water systems" include public water systems
serving schools, day care centers, and hospitals.

(4) "Person" means an individual, a public or private corporation, an association, a
partnership, a public body created by or pursuant to state law, the state of Louisiana, an
agency or political subdivision of the state, a federally recognized Indian tribe, the United
States government, a political subdivision of the United States government, and any officer,
employee, and agent of one of those entities.

(5) "Potable water" means water having bacteriological, physical, radiological, and
chemical qualities that make it safe and suitable for human drinking, cooking, and washing
uses.

(6) "Public water system" means a system for the provision to the public of water for
potable purposes, through pipes or other constructed conveyances, if the system has at least
fifteen service connections or regularly serves an average of at least twenty-five individuals
daily at least sixty days out of the year. The term includes all of the following:

(a) Any collection, treatment, storage, and distribution facilities under the control of
the operator of the system and used primarily in connection with the system.

(b) Any collection or pretreatment storage facilities not under such control which are
used primarily in connection with the system.

(7) "State health officer" means the legally appointed or acting state health officer
as defined in R.S. 40:2 and includes his duly authorized technical representative.

*Acts 1991, No. 537, §1; Acts 1997, No. 814, §1; Acts 2001, No. 862, §1; Acts 2022, No. 271, §4.*

##### **§ 40:5.9** Enforcement of drinking water regulations; administrative compliance orders; civil actions; receiverships {#sec-40-5.9 omnilex-key=us-la-statutes--rs-title-40--40:5.9}

A.(1) The state health officer may issue orders to such persons as he deems necessary
to aid in the enforcement of the provisions of this Chapter relative to public water systems
and regulations adopted under this Chapter relative to public water systems, including orders
modifying, suspending, or revoking permits, variances, or exemptions, and orders requiring
persons to comply with a rule, regulation, schedule, or other requirement of the state health
officer. An order may also require remedial actions to be taken to prevent harm to public
safety, health, or welfare. The power to issue an order under this Chapter is in addition to
any other remedy afforded to the state health officer by law.

(2) Any administrative order issued under this Section shall:

(a) Notwithstanding the requirements of R.S. 40:2, be signed by the state health
officer and shall be effective upon issuance unless a later date is specified therein.

(b) State with reasonable specificity the nature of the violation.

(c) State a time limit for compliance.

(d) State that in the event of noncompliance, a civil penalty may be assessed.

(e) State that the order shall become final and not subject to further review twenty
days after notice of the order is served by certified mail or hand-delivered to the respondent,
unless the respondent files a written request for a hearing with the state health officer within
that twenty-day period. Upon finding that an emergency exists which requires that
immediate action be taken, the state health officer shall issue such emergency orders as are
necessary, which shall be effective immediately upon issuance, and any request for hearing
shall not suspend the implementation of the action ordered.

(f) Be subject to appeal procedures set forth by state law.

(3) Notwithstanding the provisions of R.S. 40:6, any person who violates a provision
of an administrative compliance order of the state health officer made under Subsection A
of this Section may be subject to a civil penalty of not more than three thousand dollars a day
for each day of violation and for each act of violation.

(4) Any civil penalty under this Section shall be assessed by the state health officer.
The state health officer is hereby authorized to promulgate rules, in accordance with the
provisions of the Administrative Procedure Act, R.S. 49:950 et seq., which delineate a
procedure for calculating the monetary amount of the civil penalty assessment based upon
such factors as the seriousness of the violation, culpability of the owner and/or operator, size
of the public water system, and the duration of the violation. All penalties imposed under
this Section shall be paid to the office of public health of the Louisiana Department of Health
and transmitted for deposit into the state treasury.

(5) If any person fails to pay an assessment of a civil penalty after it has become final
and unappealable, or after the appropriate court of appeal has entered final judgment in favor
of the state health officer, the state health officer shall bring an action to recover the amount
for which such person is liable in any court of competent jurisdiction. In any such action,
the validity and appropriateness of the final order imposing the civil penalty shall not be
subject to review.

(6) If civil action is necessary to recover penalties imposed under this Section, the
violator shall be liable for the amount of the penalty, legal interest from the date of
assessment, and all costs of recovery, including legal fees and court costs.

(7) The state health officer, with the approval of the secretary of the Louisiana
Department of Health, may settle or resolve out of court any suit for recovery of penalties if
deemed in the best interest of the state.

B.(1) Any civil action necessary to carry out provisions of this Chapter relative to
public water systems shall be brought by the state health officer, notwithstanding the
provisions of R.S. 40:4(B)(2) and 6(C).

(2) To protect and preserve the health of the citizens of the state, the state health
officer may apply to a court of competent jurisdiction for injunctive relief, without bond,
when there is reason to believe that the state health officer's administrative orders will not
be obeyed, when there is evidence that the public water system has failed to comply with
previously issued orders, or when necessary to assist in enforcing emergency orders when
there exists serious and imminent danger to public health.

(3) The state health officer may also bring a civil action in a court of competent
jurisdiction to require compliance: with any provision of this Chapter relative to public water
systems; with a rule, regulation, or order of the state health officer made hereunder; with a
civil penalty assessment imposed under Paragraph (A)(3) of this Section; or with any
schedule or other requirement imposed pursuant to a permit, license, variance, or exemption
granted under this Chapter relative to public water systems.

(4) In an action brought under this Chapter relative to public water systems, the court
may enter such judgment as protection of public health may require, taking into consideration
the time necessary to comply and the availability of alternative water supplies.

(5) If, in an action brought under this Chapter, the court determines that there has
been a violation of this Chapter relative to public water systems, or a rule, regulation, order,
schedule, or other requirement hereunder for which such action was brought, the court,
taking into account the seriousness of the violation, the population at risk, and other
appropriate factors, may impose on the violator a civil penalty not to exceed three thousand
dollars a day for each day of violation and for each act of violation.

C.(1) The state health officer may apply to a court of competent jurisdiction for the
appointment of a receiver of a public water system to collect the system's assets and carry on
the system's business. Application by the state health officer shall not be subject to any bond
requirement.

(2) In addition to any other criteria for receivership set forth in this Part, the court
may place the public water system in receivership upon finding one of the following:

(a) The system has been abandoned by the operator, or service to the system's
customers has ceased, and no provisions have been made for the continued operation of the
system by a qualified operator, or for providing the water system's users with potable water
in sufficient quantities to serve the users of the systems.

(b) The operator of the system has failed or refused to comply with administrative
orders issued pursuant to Subsection A of this Section.

(c) Such other circumstances indicating that receivership is necessary to ensure
uninterrupted safe water service to, or the protection of the health of, the system's users.

(d) Such circumstances as may be identified in rules promulgated by the state health
officer acting through the Louisiana Department of Health, office of public health, under
which a receivership may be needed.

(3) The receiver shall execute a bond to assure the proper performance of the
receiver's duties in an amount to be set by the court. However, if the receiver is a local
governmental subdivision, no bond shall be required.

(4) No later than ninety days after appointment, the receiver shall develop and submit
an improvement plan to the Louisiana Department of Health for approval. The improvement
plan shall include the ability to increase rates paid by users of the community water system
based on a fair assessment of the community water system compared to other comparable
water systems, the consolidation of the community water system with a neighboring system
or systems, or other measure which may be proposed by the receiver or the Louisiana
Department of Health to ensure the sustainability of the system for the benefit of the
customers who rely on the community water system for their drinking water. The receiver
shall include in the improvement plan any additional measures proposed by the Louisiana
Department of Health necessary to bring the community water system into technical and
operational compliance and financial sustainability. The appointing court shall grant
authority to the receiver necessary to implement the improvement plan as approved by the
Louisiana Department of Health. Rate adjustments shall be subject to approval by the
appropriate rate setting authority.

(5) The receiver shall carry out the orders specified and directed by the court until
discharged.

(6) The court may dissolve the receivership if the person owning or operating the
defendant public water system requests that the receivership be dissolved and such owner or
operator can show good cause for the dissolution of the receivership.

*Acts 1991, No. 537, §1; Acts 1997, No. 983, §1; Acts 2018, No. 206, §4; Acts 2021, No. 98, §1; Acts 2024, No. 144, §3, eff. May 22, 2024.*

##### **§ 40:5.9.1** Community water system accountability process; creation of letter grade schedule; penalties for failing systems {#sec-40-5.9.1 omnilex-key=us-la-statutes--rs-title-40--40:5.9.1}

A. This Section shall be known and may be cited as "The Community Drinking
Water Infrastructure Sustainability Act" which has been enacted by the legislature to provide:

(1) For the development and implementation of a community water system
accountability process which requires and supports drinking water infrastructure
sustainability for the citizens of Louisiana.

(2) Assurance to the citizens that the quality of drinking water is monitored and
maintained at levels essential for health, safety, welfare, and long-term sustainability.

(3) Clear standards and expectations for community water systems so that assessment
of their quality, performance, and sustainability will be understood.

(4) Information that will assist community water systems and citizens in
understanding expectations, outcomes, and consequences for failing community water
systems.

(5) Consequences and penalties for community water systems that do not achieve
minimum standards.

B. "Community water system" has the same meaning as provided for in R.S. 40:5.8.

C. The Louisiana Department of Health, referred to in this Section as the
"department", shall provide for a statewide system of accountability for community water
systems and establish a letter grade schedule reflective of community water system quality,
performance, and sustainability based on, at a minimum, the following standards:

(1) Federal water quality violation history.

(2) State violation history.

(3) Water system financial sustainability.

(4) Operation and maintenance performance history.

(5) Infrastructure violations.

(6) Customer satisfaction.

(7) Level of secondary contaminants.

D.(1) The department shall promulgate rules and regulations to establish and
implement the community water system letter grade schedule provided for in this Section.
The rules and regulations shall provide clear and appropriate point values for each standard
set forth in Subsection C of this Section and other assessed criteria as determined by the
department that is used to calculate the community water system's letter grade. Point values
shall be based on objective criteria so that each community water system is assessed equally
and fairly. Community water systems shall be assigned a letter grade of "A", "B", "C", "D",
or "F".

(2) The department shall publish scores and letter grades earned by each community
water system on its website in a frequency and duration established by rule.

E.(1) Any community water system that receives a letter grade of "D" or "F" shall
be considered operationally unacceptable and may be subject to the following:

(a) Enforcement actions as provided for in R.S. 40:5.9.

(b) Oversight of all federal or state funding by an auditor approved by the legislative
auditor who has experience with fiscal management of local government. The oversight
provided for in this Paragraph shall include the authority to make decisions regarding the
expenditure of funding.

(c) Notice being submitted to the State Bond Commission, the Public Service
Commission, and the attorney general to prohibit the community water system or the local
governing authority operating the community water system from incurring any additional
debt for anything not directly related to the improvement and sustainability of the community
drinking water system pursuant to a plan approved by the department.

(d) If the condition or operations of any community water system that receives a
letter grade of "D" or "F" necessitates the expenditure of state funds to address or mitigate
an emergency related to that community water system, such circumstances shall be grounds
for a civil action for court-appointed receivership in accordance with R.S. 40:5.9 or to the
appointment of a fiscal administrator in accordance with R.S. 39:1351 et seq.

(2) A community water system that receives a letter grade of "D" or "F" shall not be
precluded from obtaining funding for the improvement and sustainability of the community
drinking water system based solely on the letter grade.

(3) A community water system that receives a letter grade of "D" or "F" shall
constitute prima facie evidence that a community water system is financially at risk and not
able to maintain financial stability and shall serve as grounds for the Fiscal Review
Committee to determine that a political subdivision is reasonably certain to not maintain
financial stability.

F. Notwithstanding any provision of law to the contrary, no local governing authority
that operates a community water system that receives a grade of "D" or "F" shall expend any
money raised through payments made by customers for access to water or from any other
water system revenue for any item, debt payment, or public purpose other than the
improvement and sustainability of the community water system. A violation of this
Subsection shall be grounds for a civil action for court-appointed receivership in accordance
with R.S. 40:5.9, the appointment of a fiscal administrator in accordance with R.S. 39:1351
et seq, or for a court to order the mandatory safe water purchase from another system
determined to be available by the department. The provisions of this Subsection shall not
be construed to prohibit the payment of bonded indebtedness secured by the water system's
revenue prior to August 1, 2021.

G. The department shall publish the first letter grades issued pursuant to this Section
no later than January 1, 2023.

*Acts 2021, No. 98, §1; Acts 2024, No. 144, §3, eff. May 22, 2024.*

##### **§ 40:5.9.2** Community water system accountability; federal funds {#sec-40-5.9.2 omnilex-key=us-la-statutes--rs-title-40--40:5.9.2}

A community water system or local governing authority operating a community water
system receiving federal funds, including stimulus or relief payments or grants, for the
upgrade, repair, or otherwise replacement of the water system infrastructure shall submit a
detailed plan describing how the federal funds will be used to the Louisiana Department of
Health.

*Acts 2021, No. 98, §1.*

##### **§ 40:5.10** Oyster Sanitation Dedicated Fund Account {#sec-40-5.10 omnilex-key=us-la-statutes--rs-title-40--40:5.10}

A. There is hereby established a special statutorily dedicated fund account in the state
treasury to be known as the Oyster Sanitation Dedicated Fund Account, hereinafter referred
to as the "account". The account shall consist of monies received by virtue of the surcharge
assessed pursuant to R.S. 30:2075.1, such monies as may be appropriated to it by the
legislature, and monies received by the account from grants and donations. Monies
deposited into the account shall be categorized as fees and self-generated revenue for the sole
purpose of reporting related to the executive budget, supporting documents, and general
appropriation bills and shall be available for annual appropriation by the legislature.

B. Monies in the account shall be invested by the state treasurer in accordance with
the law, and shall comply with the provisions of Article VII, Section 9(B) of the Constitution
of Louisiana relative to the Bond Security and Redemption Fund. Subject to Article VII,
Section 9 of the Constitution of Louisiana, the investment earnings on account monies shall
be credited to the account. The treasurer shall advise the governor and the legislature of the
status of the account thirty days prior to each regular session of the legislature and at any
other time upon their request.

C. Upon request of the secretary of either department named herein, and pursuant to
appropriation by the legislature, the treasurer shall disburse monies from the account to the
Louisiana Department of Health or the Department of Wildlife and Fisheries for projects or
measures that protect, enhance, or restore sanitary conditions directly related to the
molluscan shellfish industry.

D. Monies from the account may not be used other than for the sanitation purposes
authorized in Subsection C of this Section, or investment authorized in Subsection B of this
Section.

*Acts 1993, No. 911, §2, eff. June 23, 1993; Acts 2021, No. 114, §10, eff. July 1, 2022.*

##### **§ 40:5.10.1** Imported Seafood Safety Fund {#sec-40-5.10.1 omnilex-key=us-la-statutes--rs-title-40--40:5.10.1}

A. There is hereby created in the state treasury a special fund designated as the
Imported Seafood Safety Fund, referred to hereafter in this Section as the "fund". After
allocation of money to the Bond Security and Redemption Fund as provided in Article VII,
Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the
fund monies collected pursuant to R.S. 40:31.35(C). Monies in the fund shall be invested in
the same manner as monies in the state general fund. Interest earned on investment of monies
shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the
fund shall remain in the fund.

B. The monies in the fund shall be appropriated to the Department of Agriculture and
Forestry and expended solely for the purpose of enforcing the provisions of R.S. 3:4749 et
seq.

*Acts 2021, No. 306, §1; Acts 2024, No. 667, §1, eff. June 18, 2024; Acts 2024, No. 719, §2; Acts 2025, No. 300, §§1, 4, eff. June 11, 2025.*

##### **§ 40:5.11** Water fluoridation program {#sec-40-5.11 omnilex-key=us-la-statutes--rs-title-40--40:5.11}

A. The secretary of the Louisiana Department of Health shall establish in the office
of public health a fluoridation program for the purpose of protecting the dental health of the
citizens of this state, and especially children, through the prevention of tooth decay.

B.(1) Each public water system that has at least five thousand service connections
and natural levels of fluoride that are outside the optimal range established in the rules and
regulations adopted pursuant to this Section shall acquire, install, operate and maintain
appropriate equipment and material in order to maintain the level of fluoride in its water
system in the optimal range for the purpose of protecting the dental health of citizens of this
state, as established in the rules and regulations adopted pursuant to this Section.

(2) Each public water system with at least five thousand service connections that has
fluoride levels outside the optimal range established in the rules and regulations adopted
pursuant to this Section shall provide to the Louisiana Department of Health no later than
March 1, 2009, an estimate of the total capital costs to acquire and install fluoridation
treatment equipment capable of maintaining fluoride levels within the optimal range for the
purpose of protecting the dental health of citizens of this state, as established in the rules and
regulations adopted pursuant to this Section.

(3) No public water system shall be required to comply with Paragraph (1) of this
Subsection unless sufficient funds have been identified by the state, whether by
appropriation, capital outlay, grants or similar means or source of funds, as available to that
system for the cost of acquiring and installing fluoridation equipment and the cost of material
required to fluoridate said system for at least six months from the date of initial installation.

(4) A public water system that has never used fluoridation to adjust fluoride levels
in its water and whose water contains fluoride in amounts outside the range established in
the rules and regulations adopted pursuant to this Section as optimal for the purpose of
protecting the dental health of the citizenry shall be exempt from compliance with Paragraph
(1) of this Subsection provided all of the following apply:

(a) A petition requesting the exemption has been signed by at least fifteen percent
of the registered voters who reside in the precincts served by said water system, as certified
by the parish registrar of voters, and has been presented to the governing authority of each
municipality or parish in whose jurisdiction the system provides service.

(b) A local election has been called on the exemption after the petition has been
received by each governing authority pursuant to Subparagraph (a) of this Paragraph.
Participation in the election shall be limited to those precincts in which the water system
provides service. The local election shall be called and conducted by the governing authority
of each municipality in whose jurisdiction the water system provides service if all of the
registered voters served by the water system reside wholly within the jurisdiction of one or
more municipalities. However, the local election shall instead be called and conducted by
the governing authority of each parish in whose jurisdiction the water system provides
service if either of the following applies:

(i) The water system also provides service to registered voters in unincorporated
areas of one or more parishes.

(ii) The water system was created or franchised by the parish or parishes.

(c) Each local election pertaining to the exemption of said water system has been
held in accordance with state and local law, and the certified results of each election show
that a majority of the registered voters who cast a vote in said election approve exemption.

(d) No election on the same question in the same jurisdiction took place in the four
years immediately prior to the election in which the exemption was approved.

C.-F. Repealed by Acts 2018, No. 515, §4.

G. The office of public health, through the department, shall promulgate rules and
regulations in accordance with the Administrative Procedure Act relating to the fluoridation
of public water systems, including but not limited to maintaining levels of flouride in public
water systems within the optimal range for the purpose of protecting the oral health of the
citizens of this state.

*Acts 1997, No. 908, §2; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 2008, No. 761, §1, eff. July 6, 2008; Acts 2018, No. 515, §§3, 4.*

##### **§ 40:5.12** Cancer investigation and intervention {#sec-40-5.12 omnilex-key=us-la-statutes--rs-title-40--40:5.12}

A. Cancer control is hereby declared to be an urgent public health priority of this
state.

B. The state health officer and the office of public health of the Louisiana
Department of Health are hereby authorized to operate a program of cancer investigation and
subsequent intervention if sufficient funding is available for this purpose.

C. The source of monies for the cancer investigation and intervention program
provided for in this Section may be any appropriation by the legislature, including
appropriations of federal funds; appropriations from the Health Excellence Fund created by
Article VII, Section 10.8(A)(2) of the Constitution of Louisiana, and appropriations from the
Louisiana Fund created by Article VII, Section 10.9(A) of the Constitution of Louisiana; any
public or private donations, gifts, or grants from individuals, corporations, nonprofit
organizations, or other business entities; and any other monies which may be provided by
law.

D. The state health officer and the office of public health of the Louisiana
Department of Health shall engage and collaborate with the Louisiana Tumor Registry, the
Louisiana Cancer Research Center, and the Louisiana Advisory Committee on Populations
and Geographic Regions With Excessive Cancer Rates in administering the cancer
investigation and intervention program provided for in this Section.

E. The program provided for in this Section shall be conducted in addition to the
activities of, and shall not replace or supplant, the Louisiana Cancer Prevention and Control
Programs of the School of Public Health of the Louisiana State University Health Sciences
Center-New Orleans.

*Acts 2017, No. 373, §1.*

##### **§ 40:5.13** Rules for administration of medical activities under Emergency Use Authorization {#sec-40-5.13 omnilex-key=us-la-statutes--rs-title-40--40:5.13}

A. The purpose of this Section is to ensure the safe, effective, and uniform
administration of medical activities under Emergency Use Authorization by all members of
the healthcare community in this state, during both health emergencies and regular
operations, to protect public health and safety.

B. For the purposes of this Section:

(1) "Emergency Use Authorization" or "EUA" refers to the authority granted under
federal law, specifically Section 564 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
360bbb-3, to allow the use of unapproved medical products or unapproved uses of approved
medical products during a public health emergency.

(2) "Healthcare community" includes but is not limited to hospitals, public and
private clinics, pharmacies, nursing homes, and any other entity that participates in healthcare
activities where EUA may apply, whether during a health emergency or under the regular
order of business for the medical community.

(3) "Health emergency" means a state of emergency declared by the governor or a
public health emergency declared by the state health officer under the Louisiana Health
Emergency Powers Act, R.S. 29:760 et seq.

C.(1) The surgeon general shall promulgate rules in accordance with the
Administrative Procedure Act for the administration of medical activities under Emergency
Use Authorization (EUA) by all members of the healthcare community in this state.

(2) Such rules shall apply to all entities within the healthcare community, including
but not limited to hospitals, public and private clinics, pharmacies, nursing homes, and any
other entity involved in healthcare activities where EUA may apply, whether during a health
emergency or under the regular order of business for the medical community.

D. The rules promulgated by the surgeon general shall include but not be limited to
the following:

(1) Procedures for the safe and effective administration of EUA-authorized medical
products including therapeutics, vaccines, diagnostics, and other interventions.

(2) Guidelines for informed consent, ensuring that patients are fully informed of the
risks, benefits, and alternatives associated with EUA-authorized products.

(3) Protocols for monitoring and reporting adverse events related to EUA-authorized
products, including mandatory reporting to the Louisiana Department of Health and, where
applicable, federal authorities.

(4) Standards for training and education of healthcare providers on the proper use
and administration of EUA-authorized products.

(5) Measures to promote access to EUA-authorized products and protections across
all segments of the population, with specific attention to underserved and rural communities.

(6) Provisions for transparency, including public disclosure of EUA-related activities
by healthcare entities, to maintain public trust during health emergencies.

(7) Procedures for compliance and enforcement, including penalties for
noncompliance by healthcare entities, to ensure uniformity and accountability.

E.(1) The rules promulgated in accordance with this Section shall apply to all
EUA-related medical activities conducted by the healthcare community in this state, whether
during a health emergency or under the regular order of business for the medical community.

(2) The rules shall not supersede federal regulations governing EUA but shall
complement such regulations by providing state-specific guidance to ensure uniformity and
safety in administration.

F. The surgeon general shall coordinate with the following agencies or organizations
during the development of his rules:

(1) The office of the attorney general.

(2) The Louisiana State Law Institute.

(3) The Louisiana State Board of Medical Examiners.

(4) The Louisiana Hospital Association.

(5) The Louisiana Board of Pharmacy.

(6) The Louisiana State Medical Society.

(7) The Louisiana State Board of Nursing.

(8) Any other agencies or organizations deemed appropriate by the surgeon general.

*Acts 2025, No. 396, §1, eff. June 20, 2025.*

##### **§ 40:6** Penalties for violation of state Sanitary Code {#sec-40-6 omnilex-key=us-la-statutes--rs-title-40--40:6}

A. Except as provided otherwise in Subsection H of this Section, whoever violates
any provision of the sanitary code, except those provisions dealing with isolation or
quarantine of communicable disease, shall be fined not more than twenty-five dollars or be
imprisoned for not more than ten days, or both, for the first offense. For the second offense,
he shall be fined not less than twenty-five dollars nor more than fifty dollars or be imprisoned
for not less than ten days nor more than thirty days, or both. For any subsequent offense, he
shall be fined one hundred dollars or be imprisoned for not less than thirty days, or both.

B.(1) Whoever violates those provisions of the sanitary code dealing with the
isolation or quarantine of communicable disease, or any person having such a communicable
disease that may cause a severe health hazard to the community and who, after having been
officially isolated or quarantined by any local health officer or by the state health officer or
the duly authorized representative of either health officer, violates the provisions of the
isolation or quarantine shall be fined not less than fifty dollars nor more than one hundred
dollars or be imprisoned for not more than two years, or both.

(2) Any person convicted of violating the provisions of the sanitary code regarding
isolation or quarantine under this Section may be confined either to the parish jail, to any
state-operated hospital, or to the hospital section of the state penitentiary, at the discretion
of the court. If, however, any person convicted under this Section and committed to any
state-operated hospital unlawfully leaves that institution before serving his full sentence, the
district court shall then commit him to the hospital section of the state penitentiary. If the
superintendent of any state-operated hospital or the medical director of the hospital at the
state penitentiary determines that any person committed to their respective institution under
this Section is no longer harboring a communicable disease or if the disease is no longer in
a communicable or infectious state and the person has not completed serving the sentence
imposed upon him, the said superintendent or medical director shall transmit this information
immediately to the district court which committed the person, with a request for
commutation of sentence, and said district court is hereby authorized, in its discretion, to
commute said sentence. Nothing in this Section is to be construed as depriving any
individual of the right to decline any medical treatment or to provide other care or treatment
for himself or herself at his or her own expense, which care does not cause a severe health
hazard to the community, provided that the sanitary and quarantine laws, rules, and
regulations relating to communicable disease are complied with.

C.(1) In addition to a criminal prosecution, the district attorney may, upon request
of the state health officer or secretary of the Louisiana Department of Health, or his duly
authorized representative, petition the district court, and the district court may, upon such
petition and for cause, restrain any person by temporary or permanent injunction for the
violation of any provision of the state Sanitary Code when necessary to arrest or prevent
epidemics or to abate any imminent menace to the public health.

(2) The secretary of the Louisiana Department of Health or the state health officer
may also petition the court to seek injunctive relief for violations of the state Sanitary Code.

D. In addition to a criminal prosecution, to assist in enforcement and encourage
abatement of violations of the state Sanitary Code, the secretary of the Louisiana Department
of Health, upon the recommendation of the state health officer, or their duly authorized
representatives, may assess civil fines or other sanctions, including but not limited to
requesting injunctions, or both, against violators of the state Sanitary Code. Injunctions
may be sought for Class A and Class B violations only. The secretary of the Louisiana
Department of Health, upon the recommendation of the state health officer, may exercise his
discretion and mitigate these civil fines or other sanctions, or both, in cases where he is
satisfied the violator has abated the violation and demonstrated a sincere intent to prevent
future violations. These civil fines shall not exceed one hundred dollars per day per violation
and shall not exceed ten thousand dollars per violator per calendar year. These civil fines or
other sanctions, or both, may include but are not limited to:

(1) Requiring the violator or his employee designee to attend training seminars in the
area of the violator's operations, in lieu of a civil fine; or

(2) Civil fines determined by the gravity of the violation. These civil fines shall be
assessed only after a violator of the state Sanitary Code has received notice of violation and
been furnished an opportunity to comply, and upon reinspection been found to still be in
violation of the state Sanitary Code and had a compliance order issued against the violator
to remedy the violation of the state Sanitary Code, and the violation continues. These civil
fines shall not apply to those areas of the state Sanitary Code which have their own special
penalty and fine provisions by state or federal statute or regulation, including but not limited
to the milk and dairy program and public water system supervision program.

E. In addition to a criminal prosecution, to assist in collection of license or permit
renewals, the Louisiana Department of Health, office of public health, shall assess late
charges for failure to timely renew licenses or permits issued by the Louisiana Department
of Health, office of public health, which late fees shall be ten percent of the license or permit
fee, but no more than one hundred dollars, if paid to and received by the Louisiana
Department of Health after thirty days of the due date, and if not paid and received within
ninety days of the due date, the renewal fee late charge shall be equal to the original renewal
fee.

F. The provisions of Paragraph (C)(2), and Subsections D and E shall not apply to
floating camps, including but not limited to houseboats which are classified as vessels by the
United States Coast Guard.

G.(1) In all cases wherein the secretary and state health officer have issued an order
assessing a civil penalty or requiring specific compliance actions to be undertaken, which
order has become final as a result of all appeals being exhausted or delays having lapsed, if
the penalty assessed has not been paid or the actions undertaken, attorneys for the department
may file an ex parte petition in the district court for the parish in which the violation
occurred, in accordance with Code of Civil Procedure Article 2782, attaching a certified copy
of the order to the petition, seeking to make the order of the secretary and state health officer
a judgment of the district court and making the judgment executory.

(2) The district court shall grant the relief prayed for and issue a judgment without
a trial de novo of the facts supporting the order. Upon good cause shown and upon the
posting of a bond in favor of the state as the court may require, a person against whom a
judgment is rendered requiring specific compliance actions to be undertaken may, within ten
days of service of the judgment, seek an extension, modification, or suspension of the
judgment by summary proceeding. The hearing shall be limited to the issue of whether or
not good cause has been shown for granting an extension, modification, or suspension of the
order and whether or not compliance has taken place.

H. Any violation of the rules and regulations contained in Chapter 3 of Part IX of
Title 51 of the Louisiana Administrative Code pertaining to refrigeration of oysters, clams,
and mussels, shall constitute a class four violation as delineated in R.S. 56:34(A) but shall
not include forfeiture of anything seized in connection with the violation as required by R.S.
56:34(B).

*Acts 1976, No. 346, §1. Amended by Acts 1977, No. 401, §1; Acts 2001, No. 516, §1; Acts 2004, No. 772, §1; Acts 2008, No. 574, §1; Acts 2013, No. 35, §1.*

##### **§ 40:7** Communicable disease epidemic; procedure {#sec-40-7 omnilex-key=us-la-statutes--rs-title-40--40:7}

A. If any parish or municipality or any portion thereof becomes infected with any
disease to such an extent as to threaten the spread of the disease to the other portions of the
state, the state health officer shall issue his proclamation declaring the facts and ordering the
infected parish or municipality or the infected portion thereof quarantined. Further, the state
health officer shall order all local health officers to quarantine against the locality; shall
establish and promulgate the rules, regulations, terms, and conditions on which intercourse
with the infected locality will be permitted; and shall issue to the other local sanitary
authorities instructions as to the measures adopted in quarantining against persons, goods,
or other property coming from the infected locality. These rules, regulations, terms, and
conditions shall be observed and obeyed by all health authorities. Any other of the
noninfected portions of the state may, upon approval of the state health officer, add to the
regulations, rules, terms, and conditions already imposed by the state health officer.

B. The state health officer may prohibit the introduction into any infected portion of
the state persons acclimated, unacclimated, or said to be immune, when, in his judgment, the
introduction of those persons would increase the prevalence of the disease.

C. The state health officer shall render to the local health officers all the assistance
which the conditions of his finances permit.

*Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.*

##### **§ 40:8** Investigations; entry on and inspection of premises; order to compel attendance of witnesses or production of documents {#sec-40-8 omnilex-key=us-la-statutes--rs-title-40--40:8}

A. The state health officer shall conduct investigations to determine compliance with the state sanitary code or health and sanitary laws of the state and shall investigate any circumstances which he has determined pose a threat or reasonable expectation of a threat to the public health.

B. In conducting an investigation pursuant to this Section, the state health officer or any duly authorized representative may enter, examine, and inspect all grounds, structures, public buildings, and public places in execution of a warrant issued in accordance with the constitution and laws of Louisiana.

C. In conducting an investigation pursuant to this Section, the state health officer may petition the district court of the parish where the person, agency, organization, or legal entity resides, may be found, transacts business, or has its principal place of business for an order to compel the attendance of a witness or to compel the production of documents or records anywhere in the state, if information relevant to the inspection or investigation is in the possession of the witness or is contained in the documents or records.

D. The clerk of court of the parish where the district court is located that issues an order under this Section shall mail a certified copy of the order and certified copy of the state health officer's petition to the parties indicated in the state health officer's petition to receive service of process of the order and petition. The clerk shall file a certificate in the record showing the date on which, and the counsel and parties to whom, the certified copy of the order and petition were mailed. The mailing of the certified copy of the order and petition shall be effective service of process on residents and nonresidents under R.S. 13:3201 et seq.

*Acts 1976, No. 346, §1; Acts 1999, No. 667, §1.*

##### **§ 40:9** Arrests for violations {#sec-40-9 omnilex-key=us-la-statutes--rs-title-40--40:9}

A. Any inspector, officer, or employee of the state health officer may arrest, without
warrant, all persons violating any rule or regulation of the state health officer or any article
or provision of the sanitary code, when the violation occurs within his sight, view, or
personal knowledge. When the violation does not so occur, he may arrest only in execution
of a warrant duly issued in accordance with the provisions of this Part or by a competent
judicial authority.

B. All law enforcement officers shall aid in the apprehension of persons violating
the provisions of the sanitary code or any rule or regulation of the state health office. These
officers shall themselves arrest and apprehend all offenders committing such violations in
their view or sight or within their personal knowledge.

*Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.*

##### **§ 40:9.1** Repealed by Acts 1987, No. 927, §1. {#sec-40-9.1 omnilex-key=us-la-statutes--rs-title-40--40:9.1}

*Repealed by Acts 1987, No. 927, §1.*

##### **§ 40:10** Preparation for emergency {#sec-40-10 omnilex-key=us-la-statutes--rs-title-40--40:10}

The state health officer shall at all times keep in readiness one or more medical inspectors and nurses, medicines, clothing, bedding, appliances, tents and other paraphernalia so as to repair to any place in the state that applies to him, when deemed necessary by the state health officer, or to any place in the state in which there is an outbreak of communicable disease, with the view of stamping it out. The legislature shall appropriate an annual sum for use by the state health officer for such emergencies. The local authorities shall keep up the work at their own expense after it has been started, if their funds permit.

*Acts 1976, No. 346, §1.*

##### **§ 40:11** Distribution of funds to parish health units or departments {#sec-40-11 omnilex-key=us-la-statutes--rs-title-40--40:11}

The ratio, formula, or other manner of distribution presently used, and to be used, by the state health officer applying to funds derived from federal or state sources and appropriated, apportioned, assigned, or otherwise made available to support parish health units in Louisiana, shall not be altered to provide a lesser appropriation from such federal or state funds to any parish health unit if such parish by a vote of a millage by the qualified voters of such parish provides or has provided a larger financial support from local tax sources. If the total appropriation of federal funds available to the state health officer is reduced or abolished, this provision shall not apply to said federal funds.

*Acts 1976, No. 346, §1.*

#### **PART II** PARISH HEALTH UNITS

##### **§ 40:12** Parish health units {#sec-40-12 omnilex-key=us-la-statutes--rs-title-40--40:12}

Each parish of the state shall provide a health unit or department. These units or departments shall be known as parish health units.

*Acts 1976, No. 346, §1.*

##### **§ 40:13** Expenses of parish health units {#sec-40-13 omnilex-key=us-la-statutes--rs-title-40--40:13}

A. The governing body of each parish shall provide ample means for the
maintenance and operation of its parish health units or departments and for the promotion
and conservation of public health. For the purposes of this Title they shall be known as
parish health units.

B. If a municipality encompasses an entire parish, the municipal authorities shall, for
the purposes of this Part, be known as parish authorities.

*Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.*

##### **§ 40:14** Parish health units; jurisdiction {#sec-40-14 omnilex-key=us-la-statutes--rs-title-40--40:14}

Parish health units may, through the parish governing authority, control and administer all matters of local sanitation not generally affecting other portions of the state. They may pass local health and sanitary ordinances and define and abate nuisances dangerous to the public health of that parish only. They may also regulate drainage and ventilation with reference to human habitation and places of business and public resort; provide for the disposition of fecal matter and garbage and waste subject to provisions of state law and the sanitary code; regulate the erection of buildings, with due regard to the filling and grading of lots, and the arrangement of buildings; provide for the vacation and demolishing of buildings when necessary for the protection of public health; and generally enforce all health and sanitary ordinances so adopted. However, these rules, ordinances and regulations shall not conflict with the rules and regulations of the sanitary code and shall not be less restrictive than the state sanitary code and may provide and regulate with respect to health matters not covered by the sanitary code.

*Acts 1976, No. 346, §1.*

##### **§ 40:15** Quarantine by parish health officer {#sec-40-15 omnilex-key=us-la-statutes--rs-title-40--40:15}

No parish health officer may establish quarantines without the approval of the state health officer, previously obtained, and the cooperation of the parish legislative body. The state health officer has supervisory power over all local quarantines so established.

*Acts 1976, No. 346, §1.*

##### **§ 40:16** Parish health units to act in harmony with state health officer {#sec-40-16 omnilex-key=us-la-statutes--rs-title-40--40:16}

All parish health units act under the supervision and advice of the state
health officer and the office of health services and environmental quality of the
Louisiana Department of Health.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:16.1** Proceeds of any sale of the state facilities owned by the Louisiana Department of Health, office of behavioral health {#sec-40-16.1 omnilex-key=us-la-statutes--rs-title-40--40:16.1}

The proceeds of the sale of any former mental health facility properties which have
been declared to be surplus property are to be dedicated to the renovation of any current
mental health facilities being operated in the same area.

*Acts 2003, No. 899, §1; Acts 2009, No. 384, §5, eff. July 1, 2010.*

##### **§ 40:16.2** Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020. {#sec-40-16.2 omnilex-key=us-la-statutes--rs-title-40--40:16.2}

*Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.*

##### **§ 40:16.3** John J. Hainkel, Jr., Home and Rehabilitation Center; lease {#sec-40-16.3 omnilex-key=us-la-statutes--rs-title-40--40:16.3}

A. The chancellor of the Louisiana State University Health Sciences Center at New
Orleans, referred to hereafter in this Section as the "chancellor", is hereby authorized to
execute a negotiated lease to LCMC Health for the John J. Hainkel, Jr., Home and
Rehabilitation Center, including the lease of the property, buildings, equipment, movable
assets, and all other appurtenances of the facility, which is described as follows:

That portion of ground, together with all the buildings and improvements thereon and
all the rights, ways, privileges, servitudes, appurtenances, and advantages thereunto
belonging, or in anywise appertaining, situated in the Sixth District of the city of New
Orleans, State of Louisiana, Burtheville, being all of Square 22, composed of Lots 1 through
24, bounded by Patton, Constance, Calhoun, and Henry Clay, and said square measures 317
feet 8 inches 5 lines (317 feet 6 inches 7 1/2 lines title) front on Patton, 311 feet 3 inches 0
lines (311 feet 6 1/2 lines title) front on Constance, 289 feet 7 inches 4 lines (289 feet 3
inches 7 lines 7 inches title) front on Henry Clay, containing 91,063.10 square feet; all in
accordance with survey of Joseph F. Varisco, Jr., dated November 14, 1975, resurveyed
January 23, 1976. And, according to a survey of Joseph F. Varisco, Jr., dated September 14,
1977, revised November 27, 1979, said property has the same actual dimensions,
encompasses all of Square 22 and contains improvements known as 612 Henry Clay Avenue.

B. The lease of property by the chancellor shall be expressly exempted from the
provisions of R.S. 41:1211 et seq., relative to the lease of public land.

C. The chancellor shall be authorized and empowered to execute the appropriate
instrument or instruments, and any corrections thereof, to effectuate the lease of the property
described in Subsection A of this Section. Additionally, the chancellor is hereby authorized
and empowered to negotiate such terms and conditions in the lease document as may be
necessary to ensure:

(1) That the facility shall continue to be named the "John J. Hainkel, Jr., Home and
Rehabilitation Center" and operate as a long-term care facility that provides nursing home
level services, and that may provide adult day health care services.

(2) That the facility shall continue its mission to provide quality health care services
to indigent persons.

(3) That the facility shall continue as a medical and clinical training facility.

(4) That the facility shall be operated by LCMC Health; however, LCMC Health
shall have the option to enter into a sublease or a cooperative endeavor agreement to operate
the facility consistent with the terms and conditions of the lease, which shall include but not
be limited to requiring the lessee to maintain the facility in the same manner in which it was
maintained prior to the execution of the lease and to seek to maintain the facility as a five star
quality rated facility, subject to approval by the Louisiana Department of Health and the
Senate and House committees on health and welfare, meeting jointly or separately.

(5) Repealed by Acts 2019, No. 257, §2.

(6) That the state shall continue and complete all previously funded or obligated
capital outlay repairs to the facility.

(7) Repealed by Acts 2019, No. 257, §2.

(8) That the lease shall terminate if the facility ceases to operate as a long-term care
facility.

(9) Any and all other terms and conditions consistent herein to effectuate this
Section.

D. Nothing in this Section shall preclude the chancellor from negotiating readiness
assessment criteria with LCMC Health prior to the commencement of the lease.

*Acts 2010, No. 933, §1, eff. July 2, 2010; Acts 2018, No. 205, §1; Acts 2019, No. 257, §§1, 2.*

##### **§ 40:16.4** Louisiana Department of Health's Facility Support Fund Number 2 {#sec-40-16.4 omnilex-key=us-la-statutes--rs-title-40--40:16.4}

A. There is hereby created, as a special fund in the state treasury, the Louisiana
Department of Health's Facility Support Fund Number 2, hereinafter referred to as the
"fund".

B.(1) Notwithstanding any other provision of law to the contrary, after compliance
with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative
to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from
that fund to pay all of the obligations secured by the full faith and credit of the state which
become due and payable within any fiscal year, the treasurer shall pay an amount into the
fund equal to the amount collected by the state from the proceeds of the sale or transfer of
certain lands as provided in Section 1 of Act No. 272 of the 2019 Regular Session of the
Legislature, less the amount of the sale proceeds to be deducted by the state land office to
offset its appraisal, survey, and other closing costs occasioned by the transactions.

(2) Monies appropriated from the fund shall be used solely as provided in Subsection
C of this Section and only in the amounts appropriated by the legislature. All unexpended
and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
The monies in the fund shall be invested by the state treasurer in the same manner as monies
in the state general fund, and interest earned on the investment of these monies shall be
credited to the fund following compliance with the requirements of Article VII, Section 9(B)
of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund.

C. Subject to annual appropriation by the legislature, the monies in the fund shall be
used solely for the planning, design, permits, improvements, repairs, equipment, restoration,
renovation, or construction of the Central Louisiana State Hospital.

*Acts 2019, No. 272, §8, eff. June 11, 2019.*

##### **§ 40:17** Mandatory medical examination; confinement; when allowed; emergency certificate {#sec-40-17 omnilex-key=us-la-statutes--rs-title-40--40:17}

A. Neither the state health officer or his designee, nor the parish health officer or health unit shall subject any person to any medical examination or confine him in any institution unless directed or authorized to do so by the judge of the parish in which the person is located, except when said person is infected or suspected of infection with smallpox, cholera, yellow fever, or bubonic plague, or is infected with tuberculosis.

B.(1) A person who is infected with tuberculosis in an active and communicable state, who is a patient in a hospital, and who refuses treatment for tuberculosis against medical advice may be detained and held in a hospital for a period not to exceed fifteen days by an emergency certificate executed by the hospital's infectious disease control physician or pulmonary disease physician in accordance with the procedure set forth in this Section.

(2) In such case, the hospital's infectious disease control physician or pulmonary disease physician and the patient's physician shall contact the state health officer through the nearest tuberculosis control unit or clinic of the office of public health for purposes of coordinating the patient's transfer to a state tuberculosis treatment facility pursuant to R.S. 40:31.24 within the fifteen days covered by the emergency certificate.

(3) If the patient violates in any way the emergency certificate issued pursuant to this Section, it shall be deemed to be a violation of a quarantine order and shall be subject to the sanctions set forth in R.S. 40:6(B).

(4) Upon expiration of the emergency certificate, the patient shall be released from the hospital, unless a court order pursuant to R.S. 40:31.24 transferring the patient to a treatment facility has been obtained.

C. The following procedure shall govern the preparation and issuance of an emergency certificate for the purpose of detaining and holding a patient pursuant to the provisions of this Section:

(1) The hospital's infectious disease control physician or pulmonary disease physician, or any hospital staff physician authorized to act in the role of the infectious disease control physician for the hospital may execute an emergency certificate to detain and hold a person infected with active, infectious, and communicable tuberculosis. Thereafter, the following tasks shall be completed as soon as possible with regard to a person detained and held pursuant to an emergency certificate:

(a) The infectious disease control physician or pulmonary disease physician must personally examine the patient and confer with the patient and the patient's treating physician.

(b) The patient's medical records must be reviewed by the infectious disease control physician or pulmonary disease physician to confirm that the tuberculosis is in an active, infectious, and communicable state.

(c) The infectious disease control physician or pulmonary disease physician must find current evidence that the patient has refused to take required tuberculosis medications and that the patient desires to leave the hospital against medical advice.

(d) The infectious disease control physician or pulmonary disease physician must conclude that the patient poses a present danger to himself or herself and others if the patient should leave the hospital against medical advice.

(2) The emergency certificate must state the date and hour of examination by the infectious disease control physician or pulmonary disease physician and must be signed by the physician at such time under penalty of perjury.

(3) Within a period of seventy-two hours following the execution of the emergency certificate by the hospital infectious disease control physician or pulmonary disease physician, there must be a follow-up examination of the patient by any hospital staff physician, who shall record his or her findings in the section provided for such findings in the emergency certificate. The information provided in this Section must also state the date and hour of the follow-up examination and must be signed at that time by the physician under the penalty of perjury. If the follow-up examination confirms the initial findings of the infectious disease control physician or pulmonary disease physician, the emergency certificate shall remain in full force and effect. If after the examination it is determined that circumstances have changed, that the patient is taking the required tuberculosis medications, and that the patient no longer poses a present threat to himself or herself and others, the emergency certificate shall expire upon the examining physician's signature attesting to this fact. If no follow-up examination occurs within the seventy-two hours following the execution of the emergency certificate, the emergency certificate shall be deemed to have expired by operation of law.

(4) The state health officer and the tuberculosis control unit of the office of public health shall provide all licensed public and private hospitals with emergency certificate forms and instructions for the purposes of this Section.

*Acts 1976, No. 346, §1; Acts 1993, No. 190, §1, eff. May 31, 1993; Acts 1997, No. 969, §1, eff. July 10, 1997.*

##### **§ 40:18** Communicable disease; isolation and report to state health officer; quarantine {#sec-40-18 omnilex-key=us-la-statutes--rs-title-40--40:18}

A. If any case where a communicable disease is reported to or comes to the
knowledge of any local health officer, the local health officer shall immediately isolate it and
communicate the fact as expeditiously as practicable to the state health officer, together with
the information as to what steps have been taken to isolate and care for the case. The local
health officer shall, from time to time, communicate the progress of the case to the state
health officer.

B. Upon receipt of notice of the case by the state health officer, or at any time during
the case thereafter, the state health officer shall, if he thinks the emergency sufficient, send
an expert physician, selected by him, to examine and diagnose the disease. If, after this
examination and diagnosis, the expert declares the case to be one of an obnoxious or
communicable nature, liable to spread or to become dangerous to the general public health
of the state, the state health officer shall instruct the local health officer as to what additional
steps, if any, should be taken to isolate the case and prevent the spread of the infection any
further. The state health officer shall require that the local health officer immediately
conform to and put these instructions in operation. If the local health officer or other local
authorities connected with the case fail to act immediately on these instructions or fail to act
in the case in a manner satisfactory to the state health officer, the state health officer shall
take charge of the case and manage it through his own officers or employees.

*Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.*

##### **§ 40:19** Domicile of parish health unit {#sec-40-19 omnilex-key=us-la-statutes--rs-title-40--40:19}

All parish health units shall have their legal domicile in the parish seat of its particular parish.

*Acts 1976, No. 346, §1.*

##### **§ 40:20** Appointment of parish health officer; qualifications; Orleans Parish health director {#sec-40-20 omnilex-key=us-la-statutes--rs-title-40--40:20}

A. The state health officer, after consultation with the parish governing
authority and with the approval of the secretary of the Louisiana Department
of Health, and the parish governing authority, shall appoint a parish health
officer, except in Orleans Parish. In Orleans Parish, the parish health officer
shall be designated as the health director and shall be appointed by the mayor
of the city of New Orleans.

B. The parish health officer shall be a full-time licensed physician, if
possible, and if a physician is not available the parish health officer shall be a
full-time employee experienced in the administration and enforcement of
public health programs. The health officer shall be domiciled in the parish in
which he is appointed unless he serves more than one parish as hereinafter
provided.

C. If the parish health officer is unclassified or under contract, he may
be removed by the state health officer with the approval of the parish
governing authority and a replacement named as herein provided. If the parish
health officer is in the classified service, he shall be a member of the state
classified service and shall be appointed or removed by the state health officer
in accordance with existing state civil service provisions of law and
regulations. The provisions of this Subsection shall not apply to the parish
health director for Orleans Parish.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1992, No. 378, §1.*

##### **§ 40:21** Establishment of health district; district health officer {#sec-40-21 omnilex-key=us-la-statutes--rs-title-40--40:21}

Two or more parishes may, with the approval of the state health officer and the governing bodies of the parishes, organize a health district composed of the health units of their respective parishes. In lieu of one health officer in each of the parishes, the parishes may, in that case, jointly use the services of and appropriate funds for the payment of the compensation of a single health officer. The jurisdiction, powers and duties of the district health officer in the health district and the manner in which he may be appointed and removed from office are the same as those of a parish health officer.

*Acts 1976, No. 346, §1.*

##### **§ 40:22** Removal of parish or district health officer; Orleans Parish health director {#sec-40-22 omnilex-key=us-la-statutes--rs-title-40--40:22}

A parish or district health officer who is not in the classified service of
the state may be removed from office, after thirty days written notice by either
the state health officer or the governing body of the parish, with the consent
of the secretary of the Louisiana Department of Health, except in Orleans
Parish. In Orleans Parish, the parish health director shall be subject to removal
by the mayor of the city of New Orleans, at least thirty days after written notice
thereof has been given to the health director.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1992, No. 378, §1.*

##### **§ 40:23** Salaries of parish or district health officers; unclassified {#sec-40-23 omnilex-key=us-la-statutes--rs-title-40--40:23}

A. Each parish shall determine the salary of its health officer and the necessary
expenses for the conduct of his official duties if the health officer is in the unclassified
service or serving on a contractual basis. In the case of an unclassified or contractual district
health officer, the parishes which jointly employ him shall fix his salary and expenses and
the proportionate share of each parish.

B. The salaries and expenses provided for in Subsection A of this Section shall be
paid by the governing bodies of the parish or parishes for which the health officer was
appointed, except as herein provided.

C. Where a parish or group of parishes appoint a full-time health officer whose entire
time is devoted to health work as such, exclusive of any private practice, the state may
appropriate and assist in paying the salary of that health officer not to exceed twenty percent
of the salary if the parish or parishes contract with the Louisiana Department of Health for
the establishment and maintenance of a health unit as hereafter provided.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.*

##### **§ 40:24** Issuance of warrants by health officer; general duties of officer {#sec-40-24 omnilex-key=us-la-statutes--rs-title-40--40:24}

A. The parish health officer may issue warrants only to arrest or prevent epidemics
or to abate an imminent menace to the public health in his parish.

B. The parish health officer shall issue all orders and warrants, subject to the
limitations provided in Subsection A of this Section, and take all necessary steps to execute
the sanitation laws of the state under the state health officer and to carry out the rules,
regulations, and ordinances of the Louisiana Department of Health.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.*

##### **§ 40:25** Entry on and inspection of premises {#sec-40-25 omnilex-key=us-la-statutes--rs-title-40--40:25}

The parish health officer and every person duly authorized may enter, examine and inspect all grounds, structures, public buildings and public places in execution of a warrant issued in accordance with the constitution and the laws of Louisiana.

*Acts 1976, No. 346, §1.*

##### **§ 40:26** Contractual agreement on establishment and maintenance of parish health unit {#sec-40-26 omnilex-key=us-la-statutes--rs-title-40--40:26}

A. The governing body of a parish may contract, or mutually agree on
an annual basis, with the Louisiana Department of Health on or before
November 1 of any calendar year, for the establishment and/or partial
maintenance of the parish health unit and a full-time health officer. In such
case the parish shall provide housing for said health unit. The governing body
of the parish may appropriate and disburse funds for the support of the unit
jointly with state and/or federal funds as furnished by the Louisiana
Department of Health within the terms of a state fiscal year budget having the
approval of both the parish and state.

B. The parish health officer shall be appointed in accordance with the
provisions of this Chapter and shall, if classified, be in the state classified
service. As a prerequisite of said contract, the parish health officer shall be
subject to all state laws and regulations and orders of the state health officer
and the department. Notwithstanding any provisions of this Chapter, the
employees of the parish health unit, including the parish health officer, may,
at the option of the parish, be employed as parish or municipal employees in
which case their salaries and all benefits shall be paid in full by the parish, and
they shall be under the direction and control of the parish but subject to the
general supervision of the state health officer through the parish health officer.
In all other respects they shall be parish or municipal employees.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:27** Salaries and personnel benefits of health unit {#sec-40-27 omnilex-key=us-la-statutes--rs-title-40--40:27}

Where a health unit is established or partially maintained as provided in the preceding Section, the salaries and personnel benefits may be paid in part by funds from the state and parish, except, that if said employees are parish or municipal employees, all salaries and personnel benefits shall be paid entirely by parish funds including any increases in salaries or personnel benefits.

*Acts 1976, No. 346, §1.*

#### **PART III** MISCELLANEOUS PROVISIONS

##### **§ 40:28** Tubercular individuals; free diagnostic clinics {#sec-40-28 omnilex-key=us-la-statutes--rs-title-40--40:28}

A. Free diagnostic clinics may be established and maintained by the
Louisiana Department of Health for the purpose of doing diagnostic work for
possible tubercular individuals. These clinics shall be equipped with
appropriate X-ray and other laboratory apparatus.

B. Any licensed physician engaged in private practice in Louisiana may
utilize these clinics as aids in his private practice for the detection of
tuberculosis only, subject to the conditions imposed by the Louisiana
Department of Health. The Louisiana Department of Health may operate,
along with these clinics, any other appropriate health work related thereto.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:29** State health laboratories; fee schedule {#sec-40-29 omnilex-key=us-la-statutes--rs-title-40--40:29}

A. Except as provided in duly promulgated rules and regulations, each laboratory
operated by the office of public health of the Louisiana Department of Health on a statewide,
regional, or parish basis whether in connection with a parish health unit or independently
operated by the office as a state laboratory shall not perform any test, procedure, function,
or any operation unless the office charges and receives payment of a fee for such test,
procedure, function, or operation as is required by the fee schedule provided in this Section.

B. The fee schedule provided in this Section shall not apply and no such fee shall be
charged:

(1) To the office of public health of the Louisiana Department of Health or a patient
at a parish health unit or to any physician, hospital, clinic, nurse, or any other individual who
is treating a patient of the office of public health or a parish health unit in an official capacity
unless payment of such fee is required by rules and regulations duly promulgated pursuant
to Subsection D of this Section.

(2) For the diagnosis of tuberculosis or venereal disease.

(3) In any instance when the state health officer declares an epidemic, for any test,
procedure, function, or operation related to such epidemic.

(4) If exemption from payment is otherwise provided by the state sanitary code.

(5) To any state hospital or institution when the secretary of the Louisiana
Department of Health requires the office of public health or a parish health unit laboratory
to act for such institution in case of emergency.

C. The schedule of fees required by this Section shall be as follows and the
appropriate fee or fees as provided by this fee schedule shall be charged for any test,
procedure, function, or operation performed by a state, regional, or parish health unit
laboratory operated by the office of public health, on specimens, cultures, or procedures
which are submitted by any physician, hospital, clinic, nurse, veterinarian, or any other
individual, except as otherwise provided in this Section:

Test Description Fee

(1) Ab identification, RBC each panel, $ 57.00

each serum technique

(2) Ab screen, RBC each serum $ 21.00

technique

(3) Adenovirus Ab $ 18.00

(4) Alpha fetal protein (amniotic fluid) $ 22.00

(5) Alpha fetal protein (serum) $ 22.00

(6) Antibiotic disc test $ 4.00

(7) Blood-hemogram, automated and $ 8.00

manual differential WBC (CBC)

(8) Blood-RBC antigen other than ABO $ 5.00

and Rh(D), each antigen

(9) Blood-Rh (D) antigen $ 19.00

(10) Blood-typing, ABO $ 4.00

(11) Bordatella parapertusis Ab $ 19.00

(12) Bordetella pertusis antigen $ 19.00

(13) Bordetella pertusis culture $ 11.00

(14) Borelia Ab IgG (relapsing fever) $ 19.00

(15) Borelia Ab IgM (relapsing fever) $ 19.00

(16) Borelia Ab total (relapsing fever) $ 19.00

(17) Brucella abortus Ab $ 14.00

(18) Chlamydia Ab (LGV) $ 18.00

(19) Chlamydia testing by DNA gene $ 18.00

probe, each probe used

(20) Clinical chemistries/21 tests + $ 15.00

amylase

(21) Corynebacterium diptheriae culture $ 11.00

(throat or nose)

(22) Coxiella brunetti (Q fever) Phase

1-IgG and IgM $ 18.00

(23) Coxiella brunetti (Q fever) Phase $ 18.00

2-IgG and IgM

(24) Cryptococcus Ab $ 21.00

(25) Culture typing, precipitin method

(grouping) per antiserum $ 7.00

(26) Culture typing, serologic method, $ 7.00

agg grouping, per antiserum

(27) Culture typing, serologic method, $ 5.00

speciation

(28) Culture, Bact, screen, stool $ 13.00

(29) Culture Bact, anaerobe, ID, any source $ 11.00

without GLC

(30) Culture Bact, ID, aerobe, any source $ 11.00

(31) Culture, Bact, screen (aerobic and $ 15.00

anaerobic plates)

(32) Culture, Bact, screen, other source $ 12.00

(33) Culture, Bact, screen, throat or nose $ 11.00

(34) Culture, Bacti, anaerobe, isolation, any $ 13.00

source

(35) Culture, Bacti, ID anaerobe with GLC $ 20.00

(36) Culture, Bacti, ID any source, in $ 8.00

addition to primary culture

(37) Culture, Bacti, ID presumptive, any $ 12.00

source, multiple organism

(38) Culture, Bacti, ID presumptive, any $ 10.00

source, single organism

(39) Culture, Bacti, ID screen, any source $ 9.00

single organism

(40) Culture, Bacti, ID, screen, multiple $ 12.00

organisms

(41) Culture, Bacti, ID, urine $ 9.00

(42) Cytomegalovirus (CMY) Ab IgG $ 20.00

(43) Cytomegalovirus (CMV) Ab IgM $ 20.00

(44) Dengue fever Ab $ 18.00

(45) Encephalitis testing in birds (per viral $ 19.00

study)

(46) Encephalitis, Eastern equine IgG $ 19.00

(47) Encephalitis, Eastern equine IgM $ 19.00

(48) Encephalitis, La Crose (California) $ 19.00

IgG

(49) Encephalitis, La Crose (California) $ 19.00

IgM

(50) Encephalitis, Saint Louis IgG $ 19.00

(51) Encephalitis, Saint Louis IgM $ 19.00

(52) Encephalitis, Western Equine IgG $ 19.00

(53) Encephalitis, Western Equine IgM $ 19.00

(54) Enterovirus Ab (eg coxsckie, echo, $ 19.00

polio)

(55) Erlichia Ab $ 18.00

(56) Estradiol assay $ 52.00

(57) Flourescent Ab screen, each Ab $ 18.00

(Bordatella)

(58) Flourescent Ab titer, each Ab $ 17.00

(59) Flourescent antibody (direct) (rabies $ 18.00

DFA)

(60) Fluorescent antibody (indirect) $ 34.00

(61) Flourescent antibody - double stain $ 8.00

(62) Follicle stimulating hormone (FSH) $ 35.00

(63) Francisella tularensis Ab $ 15.00

(64) Glucose quantitative $ 7.00

(65) Hepatitis, anti-A $ 18.00

(66) Hepatitis, anti-C $ 18.00

(67) Hepatitis, anti-HBc total $ 17.00

(68) Hepatitis, anti-HBe $ 18.00

(69) Hepatitis, anti-HBs $ 15.00

(70) Hepatitis, HBe Ag $ 16.00

(71) Hepatitis, HBs Ag $ 15.00

(72) Herpes I group IgG $ 19.00

(73) Herpes II group IgG $ 19.00

(74) Herpes II group IgM $ 19.00

(75) Herpes simplex Type 1 and 2 Ab differential $ 20.00

(76) HIV-Dry Blood Spot analysis $ 6.00

(77) HIV-1 EIA $ 13.00

(78) HIV-1 WB $ 28.00

(79) Human arbovirus IgG $ 18.00

(80) Human arbovirus IgM $ 18.00

(81) Human chorionic gonadotropic (hCG) $ 21.00

pregnancy test-quantitative

(82) Human chorionic gonadotropic (hCG) $ 11.00

pregnancy test-qualitative

(83) Human rickettsia IgG $ 10.00

(84) Human rickettsia IgM $ 10.00

(85) Influenza A Ab $ 20.00

(86) Influenza B Ab IgG $ 20.00

(87) Legionella Ab $ 21.00

(88) Leptospirosa Ab $ 19.00

(89) Leutinizing hormone assay $ 36.00

(90) Lipoproteins HDL cholesterol $ 14.00

(91) Lipoproteins triglycerides $ 11.00

(92) Lymes-(borellia burgdorferi) IgG $ 22.00

(93) Lymes-(borellia burgdorferi) IgM $ 22.00

(94) Meningoencephalytic Ab (adult) $ 18.00

(95) Meningoencephalytic Ab (childhood) $ 18.00

(96) Mumps virus Ab $ 19.00

(97) Mycoplasma pneumonia Ab $ 19.00

(98) Neisseria gonorrhoeae testing by DNA $ 18.00

gene probe

(99) Newborn screening panel $ 31.00

(100) Parainfluenza I Ab $ 18.00

(101) Parainfluenza II Ab $ 18.00

(102) Parainfluenza III Ab $ 18.00

(103) Parasite large volume filtration $ 47.00

(104) Polio virus Ab-Type I $ 19.00

(105) Polio virus Ab-Type II $ 19.00

(106) Polio virus Ab-Type III $ 19.00

(107) Prolactin assay $ 36.00

(108) R. rickettsia Ab to antigen (Rocky $ 18.00

Mountain spotted fever)IgG or IgM

(109) R. typhi Ab (typhus fever) IgG or $ 18.00

IgM

(110) Rabies analysis $ 73.00

(111) Reovirus Ab $ 18.00

(112) Respiratory syncytial virus (RSV) Ab $ 18.00

(113) Rheumatoid factor - qualitative (latex) $ 8.00

(114) Rheumatoid factor - quantitative $ 8.00

(115) Rotavirus Ab $ 19.00

(116) Rubella (German measles) Ab, IgG $ 20.00

(117) Rubella (German measles) Ab, IgM $ 20.00

(118) Rubeola (red measles) Ab, IgG $ 18.00

(119) Rubeola (red measles) Ab, IgM $ 18.00

(120) Sensitivity study; antibiotics, disk $ 10.00

method, per plate (12)

(121) Smear with interpretation $ 6.00

(122) Syphilis test VDRL qualitative (serum $ 6.00

and CSF)

(123) Syphilis test VDRL quantitative, $ 6.00

MHA-TP (serum and CSF)

(124) T cells including cell ratio $ 54.00

(125) TB panel (bilirubin, AST, uric acid, $ 11.00

creatinine)

(126) TB screen-AST $ 7.00

(127) TB, AFB, antibiotic sensitivities, each $ 8.00

drug (includes culture)

(128) TB-AFB smear $ 8.00

(129) TB-concentration and isolation of $ 16.00

mycobacteria, each

(130) TB-DNA probe identification of AFB $ 18.00

cultures

(131) TB-HPLC ident of mycobacterium $ 26.00

(132) Tissue culture studies $ 163.00

(133) TORCH Ab (CMV, Herpes, Rubella, $ 82.00

Toxo) IgG

(134) TORCH Ab (CMV, Herpes, Rubella, $ 82.00

Toxo) IgM

(135) Toxoplasma Ab, IgG $ 18.00

(136) Toxoplasma Ab, IgM $ 21.00

(137) Treponema pallidium Ab- $ 19.00

confirmatory test FTA-ABS

(138) Typhus in rats-antigen to antibody $ 10.00

(139) Varicella zoster Ab, IgG $ 18.00

(140) Vibrio cholerae ID $ 93.00

(141) Vibrio vulnificus ID $ 47.00

(142) Viral load studies for HIV $ 121.00

(143) Virus ID-tissue cult. additional studies, $ 34.00

each isolate

(144) Virus ID-tissue cult. inoculation and $ 37.00

observation

(145) Virus ID-tissue cult. inoculation of $ 28.00

egg/small animal, observation

(146) Yersinia pestis (plague) study in rats, $ 154.00

includes slide prep. animal inoculation,

plague demonstration

(147) Any public health biochemistry $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(148) Any public health microbiology $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(149) Any public health serology $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(150) Any public health virology $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(151) Any research procedure not expressly $ 1.75

stated will be charged based on the

cost per unit of time (work time

unit or WTU) as calculated by the

fiscal department of the office of

public health

(152) A-1 (FC MPN) $ 20.00

(153) Adipates/Phathalates $ 160.00

(154) Alfatoxins (HPLC) $ 119.00

(155) Alfatoxins (screen) $ 40.00

(156) Alkalinity (total) $ 9.00

(157) Aluminum $ 16.00

(158) Antibiotic disc assay $ 16.00

(159) Antibiotic sensitivity study/ $ 6.00

antibiotic

(160) Antimony $ 33.00

(161) Arsenic $ 16.00

(162) Barium $ 16.00

(163) Beryllium $ 16.00

(164) BOD-5 day (manual) $ 160.00

(165) BOD-automated robotic testing $ 26.00

(166) Bottled and vended waters-colilert $ 4.00

(167) Bottled water-herbicides $ 237.00

(168) Bottled water-trihalomethanes (THM) $ 33.00

(169) Bottled water-VOC (P/T) $ 172.00

(170) Butter analysis $ 121.00

(171) Butterfat, babcock $ 27.00

(172) Butterfat, roese-gotlieb (confirmation) $ 92.00

(173) Butterfats and nonfat solids $ 32.00

(174) C. jejeuni and C. campylobacter- $ 33.00

environmental

(175) Cadmium $ 16.00

(176) Cadmium in foods $ 3.00

(177) Caffeine $ 79.00

(178) Calcium hardness $ 8.00

(179) Carbamates $ 200.00

(180) Caustics $ 11.00

(181) Cereal analysis-qualitative $ 1.00

(182) Cereal analysis-quantitative $ 32.00

(183) Charm I; App N antibiotic testing $ 13.00

(184) Charm II; App N antibiotic testing- $ 13.00

cloaxacillin

(185) Charm II; App N antibiotic testing- $ 13.00

other

(186) Charm II; App N antibiotic testing- $ 40.00

quantitative

(187) Charm II; App N antibiotic testing- $ 13.00

sequential

(188) Chemical oxygen demand (COD) $ 80.00

(189) Chloride %-hypochlorites and $ 7.00

chloramines (screen)

(190) Chloride %; hypochlorites and $ 21.00

chloramines (confirmation)

(191) Chlorides $ 7.00

(192) Chromium $ 17.00

(193) Coffee (chicory) $ 4.00

(194) Coliform determinations-confirmed $ 31.00

(includes MPN for coliform and fecal

coliform)

(195) Coliform determinations-E. coli $ 13.00

(verified) each isolate

(196) Coliform determinations-fecal $ 8.00

(197) Coliform determinations-fecal by

MPN (includes presumptive, $ 45.00

completed, and confirmed tests)

(198) Coliform determinations-fecal $ 31.00

coliforms (includes coliform and

E. coli MPN)

(199) Colilert $ 8.00

(200) Color $ 5.00

(201) Color and preservatives in food $ 80.00

(202) Compliance analysis of nutritional $ 13.00

content and labeling

(203) Conductivity $ 7.00

(204) Copper flame AA $ 9.00

(205) Copper ICAP $ 4.00

(206) Corrosion control (copper, lead, pH, $ 53.00

alkalinity, THRD)

(207) Cosmetics (organoleptics, net weight, $ 13.00

filth, and foreign materials)

(208) Cryoscope (added water) $ 8.00

(209) Cyanide $ 160.00

(210) Dairy waters-MTF $ 19.00

(211) Diquat $ 200.00

(212) Dissolved oxygen (DO) $ 8.00

(213) Drained weight analysis $ 7.00

(214) Dry skim milk-qualitative $ 3.00

(215) Dry skim milk-quantitative $ 119.00

(216) Dual column (confirmation) $ 33.00

(217) E. coli 015:H7 $ 27.00

(218) E. coli MPN $ 31.00

(219) E. coli speciation $ 20.00

(220) Endothall $ 253.00

(221) Ethylene dibromide (EDB) $ 133.00

(222) Etiological agent ID for consumer $ 100.00

food, beverage

(223) Fecal coliform MPN (includes $ 31.00

presumptive, completed, and

confirmed tests)

(224) Filth and foreign (filter) $ 5.00

(225) Filth and foreign (macro) $ 5.00

(226) Filth and foreign (micro) $ 7.00

(227) Filth and foreign (trap/sv) $ 389.00

(228) Fluoride analysis $ 20.00

(229) Fluorides $ 11.00

(230) Foreign fat (R1) $ 4.00

(231) Formaldehyde testing (AIR) $ 409.00

(232) Fossomatic CC $ 12.00

(233) Fossomatic OSCC $ 13.00

(234) Free CO2 $ 12.00

(235) Gamma screen $ 26.00

(236) GC/MS confirmation $ 479.00

(237) General chemistry (organoleptic, $ 16.00

net weight, filth, and foreign

materials)

(238) Glycol/recirculating water $ 13.00

(10-tube MPN)

(239) Glycol/Recirculating water (HPC) $ 8.00

(240) Glyphosphate $ 160.00

(241) Gross alpha and beta (radon 222, $ 67.00

radium 226, radium 228, radon,

uranium)

(242) Heavy metal (ICAP) $ 100.00

(243) Heavy metals (includes Hg) $ 180.00

(244) Herbicides $ 240.00

(245) Heterotrophic plate count (HPC) $ 8.00

(246) Inorganic chemicals $ 299.00

(247) Iodine 131 $ 396.00

(248) Iron $ 17.00

(249) Iron and alumina oxide $ 33.00

(250) Lead-other analysis by furnace $ 55.00

atomic absorption

(251) Lead analysis (wipes) $ 20.00

(252) Lead analysis in water/chemistry $ 20.00

(253) Lead analysis in waters-schools, $ 20.00

day care, water coolers, faucets

(254) Lead analysis of paint $ 40.00

(255) Lead and copper analysis for private $ 23.00

residence water

(256) Lead-blood lead screen by graphite $ 13.00

furnace atomic absorption

(257) Listeria analysis-milk $ 27.00

(258) Listeria analysis-food $ 100.00

(259) Listeria culture-environmental $ 20.00

(260) Loss on ignition $ 5.00

(261) Manganese $ 16.00

(262) Mercury in foods $ 79.00

(263) Mercury in water $ 20.00

(264) Metal (1 metal) ICAP $ 16.00

(265) Metals (13 metals) ICAP $ 53.00

(266) Metals (4 metals) ICAP $ 24.00

(267) Metals (ICAP) plus mercury $ 180.00

(268) Metals in food-ICAP $ 40.00

(269) Microbiology culture for $ 175.00

environmental organisms

(listeria,canpylobacter, yersenia,

salmonella, staphylococcus, and

E. coli)

(270) Milk containers-paper and plastic $ 17.00

(271) Net weight and contents $ 7.00

(272) Nickel $ 16.00

(273) Nitrate $ 13.00

(274) Nitrates and nitrites $ 13.00

(275) Nitrites $ 13.00

(276) Nonfat solids $ 5.00

(277) Nuisance organisms $ 20.00

(278) Oil and grease $ 158.00

(279) Organoleptic exam $ 3.00

(280) Organoleptic exam in foods $ 13.00

(281) Oyster meat analysis for vibrio

and salmonella $ 40.00

(282) Oyster waters-analysis for $ 33.00

salmonella, shigella, vibrio, staph

(283) Oyster waters; metals $ 100.00

(284) Oyster waters; organics $ 40.00

(285) Oyster waters; pesticides $ 233.00

(286) Pesticide (Endrin, lindane, $ 100.00

methoxychem, toxophene)

(287) Pesticide battery 12 assays $ 201.00

(288) Pesticide residues-food $ 273.00

(289) Pesticide residues-grains $ 273.00

(290) Pesticide residues-vegetables $ 233.00

(291) Pesticide/PCBs in soil $ 246.00

(292) Pesticides/herbicides and PCB $ 100.00

(293) Pesticides/metals-ICP $ 313.00

(294) Pesticides/PCBs $ 233.00

(295) Pesticides/PCBs (Food) $ 233.00

(296) Pesticides/PCBs (HECD) $ 273.00

(297) Pesticides/PCBs (NPD) $ 273.00

(298) Pesticides/PCBs (serum) $ 64.00

(299) Pesticides/PCBS GC/MS $ 475.00

(300) Pesticides/PCBs in seafood $ 233.00

(301) Pesticides/PCBs in water (multi-scan) $ 233.00

(302) Pesticides/water (multi-scan) $ 231.00

(303) pH $ 5.00

(304) Phenols $ 319.00

(305) Phosphatase by fluorophos $ 7.00

(306) Phosphatase by sharer $ 11.00

(307) Phosphatase by sharer-reactivation $ 46.00

(308) Phosphatase by sharer-interfering $ 11.00

substances

(309) Phosphatase by sharer-microbial $ 34.00

(310) Phosphates $ 40.00

(311) Polyaromatic hydrocarbons (PAH) $ 79.00

(312) Potassium $ 16.00

(313) Priority chemicals $ 166.00

(314) Radionuclides; gamma $ 53.00

(315) Radium 226 and 228 $ 725.00

(316) Radon 222 $ 79.00

(317) Red tide (sample prep for mouse $ 67.00

assay)

(318) Red tide (tissue culture assay) $ 133.00

(319) Reducing sugars $ 133.00

(320) Residual chlorine (chloramines) $ 20.00

(321) Residue/insoluble materials $ 237.00

(pipe scales)

(322) Salinity $ 7.00

(323) Salmonella analysis-food $ 27.00

(324) Salmonella and vibrio analysis $ 126.00

(325) Salmonella culture $ 20.00

(326) Salmonella culture-chocolate $ 47.00

(327) Secondary chemicals $ 146.00

(328) Sediment analysis $ 240.00

(329) Selenium $ 33.00

(330) Shellfish-microbial screen $ 166.00

(staph aureus, salmonella, shigella,

vibrio, listeria)

(331) Silicates $ 40.00

(332) Silver $ 16.00

(333) Silvex 2,4-D and 2,4 TP $ 237.00

(334) Sodium $ 16.00

(335) Sodium and potassium $ 11.00

(336) Staphylococcus analysis- $ 20.00

Environmental

(337) Staphylococcus aureus ID- $ 13.00

Environmental

(338) Strontium 89 and 90 $ 396.00

(339) Sulfates $ 8.00

(340) Sulfides $ 47.00

(341) Sulfite analysis-qualitative $ 3.00

(342) Sulfite analysis-quantitative $ 48.00

(343) Surfactants (MBAS) $ 158.00

(344) Synthetic organic chemicals $1,131.00

(13 classes)

(345) Syrup-polarization $ 106.00

(346) Thallium $ 33.00

(347) Total chlorine residual $ 11.00

(348) Total dissolved solids $ 11.00

(349) Total hardness $ 8.00

(350) Total solids $ 11.00

(351) Total solids (lactometer) $ 7.00

(352) Total solids-drying $ 17.00

(353) Total suspended solids $ 27.00

(354) Trihalomethanes (THM)- $ 33.00

(liquid/liquid)

(355) Trihalomethanes (THM)- $ 79.00

(purge and trap)

(356) Tritium (H3) $ 79.00

(357) Turbidity $ 4.00

(358) Unregulated volatile organics $ 173.00

(359) Uranium $ 198.00

(360) Urines for methylparathion $ 8.00

(361) Vibrio cholerae $ 150.00

identification and typing

(362) Vibrio vulnificus identification $ 118.00

(363) Vitamin A $ 158.00

(364) Vitamins A and D $ 185.00

(365) Vitamin D $ 158.00

(366) Volatile organic chemicals $ 33.00

(VOCs) (liquid/liquid)

(367) Volatile organic chemicals $ 172.00

(VOCs) (purge and trap)

(368) Yersinia culture-environmental $ 30.00

(369) Zinc $ 16.00

(370) Zinc in foods $ 3.00

(371) Any environmental chemistry and $ 1.75

toxicology procedure not expressly

stated will be charged based on the

cost per unit of time (work time unit

or WTU) as calculated by the fiscal

department of the office of public health

(372) Any environmental microbiology $ 1.75

procedure not expressly stated

will be charged based on the cost

per unit of time (work time unit

or WTU) as calculated by the fiscal

department of the office of public

health

(373) Any research procedure not $ 1.75

expressly stated will be charged

based on the cost per unit of time

(work time unit or WTU) as

calculated by the fiscal department

of the office of public health

D. The Louisiana Department of Health may adopt rules and regulations in
accordance with the Administrative Procedure Act to provide for the collection of fees
required by the fee schedule provided in this Section. The rules may also provide for
modification of the fee schedule, provided a fee shall not exceed the prevailing market price
for the item.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 840, §1, eff. July 1, 1997.*

##### **§ 40:30** Provisions of this Chapter not to affect Louisiana Department of Agriculture {#sec-40-30 omnilex-key=us-la-statutes--rs-title-40--40:30}

Anything to the contrary notwithstanding, the provisions hereof shall not be construed to affect present laws and regulations administered by the Louisiana Department of Agriculture, particularly the provisions of R.S. 40:2277.*

Acts 1976, No. 346, §1.

*See, now, R.S. 3:4208.

##### **§ 40:31** Costs of court not charged against state or parish health officers {#sec-40-31 omnilex-key=us-la-statutes--rs-title-40--40:31}

The Louisiana Department of Health, the parish health units, the state
health officer, and the parish health officers are exempt from the payment of
all costs of court and stenographers' fees in any suit in which any one of them
is a party. However, in such a case, costs may be charged against any party,
other than one of the above, cast in judgment, as though the above had not
been exempt and had actually paid costs.

*Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:31.1** Reye's Syndrome disease; mandatory reporting {#sec-40-31.1 omnilex-key=us-la-statutes--rs-title-40--40:31.1}

Every physician practicing medicine in the state of Louisiana shall report to the state
health officer, through the health unit of the parish or municipality wherein such physician
practices, any case or suspected case of Reye's Syndrome disease which he is attending, or
has examined, or for which such physician has prescribed. The report shall be made as
promptly as possible from the time the physician first visits, examines or prescribes for the
patient and such report shall state the name, age, sex, race, usual residence, place where the
patient is to be found, the nature of the disease, the date of onset, and any additional
information that the state health officer may require. The state health officer shall send a
copy of such report to the United States Centers for Disease Control and Prevention, or such
information contained therein as may be required by that agency.

*Added by Acts 1980, No. 277, §1; Acts 2018, No. 206, §4.*

##### **§ 40:31.2** Repealed by Acts 2008, No. 815, §5. {#sec-40-31.2 omnilex-key=us-la-statutes--rs-title-40--40:31.2}

*Repealed by Acts 2008, No. 815, §5.*

##### **§ 40:31.3** Adolescent school health initiative; health centers in schools {#sec-40-31.3 omnilex-key=us-la-statutes--rs-title-40--40:31.3}

A. The office of public health, Louisiana Department of Health, shall establish an
adolescent school health initiative to facilitate and encourage development of comprehensive
health centers in public middle and secondary schools in Louisiana which shall provide
preventive health services, counseling, acute health services, and appropriate referral for
acute health services. Such initiative shall be subject to the approval of the local school
systems.

B. The office of public health shall:

(1) Coordinate efforts to facilitate and encourage establishment of health centers in
schools by providing information, technical assistance, direction, and, to the extent
appropriate, funds to locally based entities for the establishment and operation of health
centers in middle and secondary schools.

(2) Convene and participate in an intergovernmental coordinating council which
shall be composed of representatives from the departments of education, children and family
services, health, and other governmental entities or programs related to health services to
assist in implementation, oversight, and funding assistance for health centers in schools. (3) Apply for and assist local efforts to apply for all available public and private
funds to establish and operate health centers in schools.

(4) Establish procedures for allocation of funds appropriated or otherwise available
to the program in a manner which prioritizes funding according to the urgency and degree
of healthcare needs among the various middle and secondary school populations.

(5) Establish criteria to be considered in selection of locations for placement of
health centers in schools.

(6) Require that centers be registered with the office of public health.

C. Health centers in schools are prohibited from:

(1) Counseling or advocating abortion in any way or referring any student to any
organization for counseling or advocating abortion.

(2) Distributing at any public school any contraceptive or abortifacient drug, device,
or other similar product.

D. The provisions of this Section shall be applicable only to the extent that funds are
made available for this purpose from public or private sources.

*Acts 1991, No. 1055, §1, eff. July 29, 1991; Acts 2018, No. 206, §4; Acts 2023, No. 318, §2.*

#### **PART IV** IMMUNIZATION REGISTRY

##### **§ 40:31.11** Purpose {#sec-40-31.11 omnilex-key=us-la-statutes--rs-title-40--40:31.11}

The office of public health of the Louisiana Department of Health and parish health
units are hereby authorized to establish immunization registries for the purpose of improving
the immunization rates of the state's children and young adults in order to prevent the spread
of diseases at which the immunizations are directed. Registries established in accordance
with this Part shall provide for a method of informing the parent, guardian, or registrant when
the registrant is due or is late for a recommended immunization and shall serve as a means
for persons and institutions that either provide immunization services or are required to
ensure that persons are immunized to receive prompt and accurate immunization
information. Such persons and institutions shall include but not be limited to public health
units, healthcare providers, schools, and early learning centers.

*Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.*

##### **§ 40:31.12** Definitions {#sec-40-31.12 omnilex-key=us-la-statutes--rs-title-40--40:31.12}

As used in this Part, the following definitions shall apply:

(1) "Client" means any person registered with any Louisiana immunization tracking
and recall system.

(2) " Early learning center" means a facility licensed as an early learning center under
the provisions of the Early Learning Center Licensing Act, R.S. 17:407.31 et seq.

(3) "Immunization record" means a client's medical record related to the client's
receipt of immunizations. An immunization record shall only include:

(a) The name and social security number of the client.

(b) The date and place of birth of the client.

(c) The hospital where the client was born.

(d) The name of the client's mother or legal guardian.

(e) A list of any immunizations received.

(f) The date of each immunization received.

(g) A report of any complication or side effect associated with a particular
immunization.

(4) "Immunization registry" means any listing of clients and information relating to
their immunization status.

(5) "Immunization tracking and recall record" is a record that includes but is not
limited to the client's name, address of the client or parent or guardian of the client, telephone
number, provider, and other information needed to send reminder cards to, to place telephone
calls to, or to personally contact the client or the parent or the guardian of a client for the
purposes of informing the client, parent, or guardian that the client is due for a recommended
immunization or is late in receiving a recommended immunization.

(6) "Provider" means any health care provider or facility licensed to provide health
care services in Louisiana, any managed health care system, health maintenance organization,
health service contractor, or insurance carrier, or the Louisiana Medical Assistance Program.

(7) "Public health unit" means any facility acting under the supervision and advice
of the state health officer and the office of public health, including any state-operated or
contracted public health clinic.

(8) "School" means any institution or facility which provides for education of
children in grades one or above, which shall include any kindergarten or prekindergarten
attached thereto.

(9) "Tracking and recall system" means a system associated with an immunization
registry designed to contact clients listed in the registry to assist in the completion of the
immunization series in a timely manner.

*Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.*

##### **§ 40:31.13** Development of immunization registry and tracking and recall system; standards {#sec-40-31.13 omnilex-key=us-la-statutes--rs-title-40--40:31.13}

The office of public health, a public health unit, or both, or their agents or other
providers may develop an immunization registry and an associated tracking and recall
system. The developer of any system shall consult providers in developing the system to
provide for a simple and efficient system of transferring information. The registry and
associated tracking system shall be named the Louisiana Immunization Network (LINKS),
and shall include but not be limited to the following:

(1) Immunization records of all clients born or living within the jurisdiction of the
agency that develops the registry.

(2) A uniform method of tracking, updating, and recording immunization histories
of registered clients.

(3) Procedures formulated in consultation with providers that will allow a provider
to provide information to and obtain information from the immunization registry and
immunization tracking and recall records without the consent of a client under eighteen years
of age or the parent or guardian of such a client.

(4) Procedures that allow an immunization record of a client to be released to a client
or the client's parent, guardian, school, or early learning center.

(5) A method of notifying the client or parent or guardian of the client when the
tracking and recall system indicates that a client is due to receive a scheduled immunization
or when the client has missed a scheduled immunization.

(6) A procedure for sharing or transferring information with any other immunization
registry and its associated tracking and recall systems within the state.

(7) A method for providing or publishing information in aggregate form that does
not identify a client.

(8) Methods assuring that information contained in the immunization registry only
be used to track and document immunization status, for other immunization program-related
activities, and for associated public health research.

*Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §§1, 2, eff. June 11, 2019; Acts 2022, No. 271, §4.*

##### **§ 40:31.14** Authorization of release of immunization records {#sec-40-31.14 omnilex-key=us-la-statutes--rs-title-40--40:31.14}

A. Notwithstanding any provision of law to the contrary, immunization records for
use in an immunization registry shall not be considered privileged communications between
a healthcare provider and patient when such records are used in accordance with the
provisions of this Part. The Louisiana Department of Health, public health units and their
agents, providers, parents or guardians, schools, and early learning centers may obtain
information from, or provide information to, the immunization record of a client of any
immunization registry without the written consent of a client.

B. A provider, a public health unit, the Louisiana Department of Health, or the agents
of any of them, schools, and early learning centers shall not be subject to an action or be
liable for sharing information from the immunization record or using information from the
immunization tracking and recall record for purposes of tracking immunizations of clients
and for outreach to clients who have missed immunizations.

C. Information in an immunization registry or in the immunization tracking and
recall record or derived therefrom is confidential and shall not be disclosed to any person
who is not specifically authorized to receive information under this Part.

*Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.*

##### **§ 40:31.15** Rulemaking {#sec-40-31.15 omnilex-key=us-la-statutes--rs-title-40--40:31.15}

The Louisiana Department of Health, office of public health, shall
promulgate rules and regulations pertaining to the development and
implementation of the immunization registries and their associated tracking
and recall systems in accordance with the Administrative Procedure Act. The
rules shall include a process by which a custodial parent or guardian can
control the transfer of information from the immunization record or the
immunization tracking and recall record when such control is necessary to
protect the health or safety of the family.

*Acts 1995, No. 798, §1, eff. June 27, 1995.*

##### **§ 40:31.16** Parental consent; parental responsibility for immunization; exemptions {#sec-40-31.16 omnilex-key=us-la-statutes--rs-title-40--40:31.16}

A.(1) Nothing in this Part shall be construed to restrict the registry from providing
tracking and recall information to the healthcare provider of a client, parent, or guardian of
a minor client.

(2) General consent for treatment and release of information to other providers or to
the office of public health shall be considered consent for sharing historical, current, and
future immunization information. In addition, each immunization provider shall comply with
at least one of the following requirements:

(a) Place a poster in the patient registration area notifying patients and parents that
the site is participating in the state immunization registry and that immunization data is being
shared with the registry.

(b) Provide each patient or parent a brochure supplied by the office of public health
describing the purposes of the registry and notifying patients and parents that they can
prohibit data sharing by notifying the healthcare provider not to submit immunization
information to the registry.

B. The immunization record of a client shall be purged from the registry at any time
that the client or client's custodial parent or legal guardian requests, in writing, that the
immunization record be purged from the registry.

C. Nothing in this Part shall be construed to mitigate the responsibility of a parent
or guardian to have a child of that parent or guardian properly immunized.

D. Nothing in this Part shall be construed to require immunization or tracking of any
child otherwise exempt from immunization requirements for medical or religious reasons.

*Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2002, 1st Ex. Sess., No. 90, §1; Acts 2019, No. 192, §§1, 2, eff. June 11, 2019.*

#### **PART V** COMMITMENT OF PERSONS SUFFERING FROM TUBERCULOSIS

##### **§ 40:31.21** Legislative intent, declaration of policy {#sec-40-31.21 omnilex-key=us-la-statutes--rs-title-40--40:31.21}

A. It is the intent of the legislature that the provisions of this Part shall
apply to a person with active tuberculosis who has failed to seek voluntary
treatment or failed to comply with quarantined directly observed therapy, or
both, and is considered a public health risk.

B. It is the policy of the state that:

(1) A person suffering from active tuberculosis shall be encouraged to
seek voluntary treatment.

(2) Notwithstanding any provision of law to the contrary, in the event
a person suffering from active tuberculosis fails to seek voluntary treatment or
fails to comply with quarantined directly observed therapy, or both, as ordered
by the state health officer or his designee, the person may be ordered pursuant
to R.S. 40:4 et seq., into temporary isolation or quarantine, or both, at an
inpatient facility for the treatment of active tuberculosis.

(3) A person suffering from active tuberculosis shall not be held
involuntarily without being afforded an opportunity for a timely adversarial
hearing as provided by this Part.

(4) The Louisiana Department of Health shall be responsible for
providing the funds necessary to implement the provisions of this Part.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

##### **§ 40:31.22** Admission; general provisions {#sec-40-31.22 omnilex-key=us-la-statutes--rs-title-40--40:31.22}

A. The director of an inpatient facility for the treatment of active tuberculosis, subject to the availability of suitable accommodations, shall receive the following persons for care and treatment:

(1) A person whose admission is authorized under the procedures set forth in R.S. 40:4 et seq., and the provisions of this Part.

(2) A person who is ordered to be admitted by the state health officer or his designee.

B. The failure by any director of an inpatient treatment facility to obey an order or judgment by a court of competent jurisdiction shall not be construed as contempt of court if the director shows that the failure to obey is due to the inability to comply with the order or judgment because medically suitable accommodations for the patient are unavailable or because consent of the state health officer or his designee has not been obtained.

C. A person admitted to a facility for the treatment of active tuberculosis shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility. If the person is illiterate or otherwise does not read or understand English, appropriate provisions shall be made to supply him with the required information. A copy of the information required by this Subsection also shall be posted in any area where a person is confined or treated.

D. A person confined to a treatment facility for active tuberculosis may receive medication and treatment without his consent.

E.(1) When a person arrives at the inpatient facility for treatment of tuberculosis pursuant to R.S. 40:31.24, the facility shall triage the patient and shall determine whether the patient is in need of medical stabilization for conditions other than infectious tuberculosis.

(2) If it is determined that medical stabilization is needed, the patient may be temporarily transferred to a general hospital for appropriate stabilization of the other medical conditions.

(3) Any such temporary transfer to a general hospital shall not be deemed to affect the patient's status at the facility for the treatment of tuberculosis, and the provisions of R.S. 40:31.23 shall continue to apply while the patient is temporarily housed in the general hospital for medical stabilization purposes. The patient shall be returned to the facility for the treatment of tuberculosis in time for the procedures specified in R.S. 40:31.25.

*Acts 1995, No. 373, §1, eff. June 16, 1995; Acts 1997, No. 969, §1, eff. July 10, 1997.*

##### **§ 40:31.23** Admissions; voluntary; involuntary {#sec-40-31.23 omnilex-key=us-la-statutes--rs-title-40--40:31.23}

A. Upon arrival at an inpatient facility for the treatment of active tuberculosis, a person certified for admission by the state health officer or his designee shall be provided an opportunity to execute an informed consent document wherein the person agrees to cooperate with the required treatment regimen. The admission of any person executing such a document shall be considered voluntary.

B. A refusal to execute the informed consent document provided for by Subsection A of this Section shall result in the involuntary admission of such person.

C. When a person admitted pursuant to the provisions of Subsection A of this Section at any time thereafter no longer desires to remain at the facility for tuberculosis treatment, he may sign a certificate requesting release. The director of the treatment facility shall immediately notify the state health officer or his designee of the person's desire to be released. The state health officer or his designee shall determine if further inpatient treatment is necessary, and he may cause a petition for judicial commitment to be filed in the court having jurisdiction over the treatment facility within fifteen days of the person's request for release. If no petition is timely filed, the person shall be released. If a petition is timely filed, the provisions of R.S. 40:31.25 shall apply.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

##### **§ 40:31.24** Ex parte judicial order for custody; grounds; civil liability {#sec-40-31.24 omnilex-key=us-la-statutes--rs-title-40--40:31.24}

A.(1) When the state health officer or his designee executes an affidavit specifying that, to the best of his knowledge and belief, a person is suffering from active tuberculosis, is in need of immediate treatment, and is a public health risk, any judge of a court of competent jurisdiction may order a person to be taken into protective custody and transported to a treatment facility for active tuberculosis for immediate treatment.

(2) The affidavit shall include but need not be limited to the following information, as may apply:

(a) Facts leading to the conclusion that the person is suffering from active tuberculosis and is a public health risk.

(b) Facts showing that the person has been encouraged to seek treatment and is unwilling to seek such treatment or to comply with quarantined directly observed therapy, or both.

(c) Facts showing that an inpatient facility for the treatment of active tuberculosis has verified the availability of space in the facility for placement.

B. The order for protective custody shall be in writing, in the name of the state of Louisiana, signed by a judge of a court of competent jurisdiction, and effective for seventy-two hours from its execution. The order shall include but need not be limited to the following information, as may apply:

(1) The date and hour of issuance and the parish where issued.

(2) The name of the person to be taken into custody or, if his name is not known, a designation of the person by any name or description by which he can be identified with reasonable certainty.

(3) A description of the facts leading to a belief that the person is suffering from active tuberculosis, is in need of immediate care and treatment in an inpatient facility for the treatment of active tuberculosis, and is a public health risk.

(4) A statement that the person shall be transported in accordance with the requirements of this Section by the sheriff or other law enforcement officer under the court's jurisdiction to an inpatient treatment facility for active tuberculosis.

C. The date and hour that the person is taken into protective custody shall be written on the order. Without delay and no more than twelve hours after being taken into protective custody, the person shall be delivered to the director of a treatment facility for active tuberculosis by the individual who has transported the person. Upon arrival, the person may be admitted voluntarily or involuntarily.

D. An official acting in good faith to order a person to be taken into protective custody and transported for examination and treatment in accordance with this Part shall not be civilly liable for damages to such person resulting from the official's action.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

##### **§ 40:31.25** Adversarial judicial commitment; procedure {#sec-40-31.25 omnilex-key=us-la-statutes--rs-title-40--40:31.25}

A. Whenever a person taken into protective custody as provided by this Part refuses to execute an informed consent document to be admitted to a qualified treatment facility for active tuberculosis as provided for in R.S. 40:31.23, he shall be involuntarily admitted and provided a timely judicial commitment hearing in accordance with the provisions of this Section.

B. Within seven days following an involuntary admission pursuant to R.S. 40:31.23(B), the state health officer or his designee shall cause a petition for judicial commitment to be filed in the court having jurisdiction over the treatment facility for active tuberculosis asserting his belief that the person in protective custody is suffering from active tuberculosis and is a public health risk.

C. The commitment petition shall contain but need not be limited to the facts which are the basis of the assertion of active tuberculosis and shall provide the person in protective custody with adequate notice and knowledge relative to the nature of the proceedings.

D.(1) Upon the filing of the commitment petition, the court shall assign a time for a hearing on the petition, not later than eighteen days thereafter, assign a place for the hearing, issue an order to the treatment facility authorizing detention of the person until the hearing on the commitment petition, and cause reasonable notice of the hearing to be given to the person, to his attorney, if known, and to the petitioner.

(2) The notice shall inform the person in protective custody that he has the following rights:

(a) The right to counsel and the right to have counsel appointed to represent him if he is indigent or otherwise qualified.

(b) The right to be present and to participate fully at the hearing, but only through telecommunications, community antenna television, or other such technology.

(c) The right to present evidence and to cross-examine witnesses testifying at any hearing on the commitment petition, but only through telecommunications, community antenna television, or other such technology.

E.(1) The court shall appoint a physician to examine the person in protective custody and make a written report to the court, the petitioner, and, at least three days prior to the hearing, to the person and the person's attorney.

(2) The written report shall set forth specifically the objective factors leading to any conclusion that the person is suffering from active tuberculosis, is a public health risk, and is in need of immediate treatment as a result of such illness, and why involuntary confinement and treatment are required. At their discretion and expense, the person or his attorney shall have the right to seek an additional independent medical opinion.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

##### **§ 40:31.26** Judicial hearings; general provisions {#sec-40-31.26 omnilex-key=us-la-statutes--rs-title-40--40:31.26}

A.(1) Not later than the day the court issues an order or notice scheduling a hearing under the provisions of this Part, the court shall appoint counsel for the person in protective custody.

(2) At the appointed time, the court shall conduct a hearing on the commitment petition or any other petition brought under the provisions of this Part. If the person is confined to a treatment facility for active tuberculosis, the judge of the court where the petition was filed may in his discretion hold the hearing on such commitment at the treatment facility where the person is confined or may conduct the hearing through telecommunications, community antenna television, or other such technology.

(3) On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type.

(4) If the court finds by clear and convincing evidence that the person in protective custody has active tuberculosis and is a public health risk, it shall render a judgment for his commitment.

B. The court shall cause a recording of the testimony of the hearing to be made which shall be transcribed only in the event of an appeal from the judgment. A copy of such transcript shall be furnished without charge to any appellant whom the court finds unable to pay for it.

C. Notice of any action taken by the court shall be given in such manner as the court considers appropriate to the person in protective custody, the person's attorney, the director of the designated treatment facility, and the state health officer or his designee.

D. Each clerk of court shall keep a record of the cases relating to persons with active tuberculosis coming before the court pursuant to the provisions of this Part and the disposition of such cases. The clerk also shall keep on file the original petition and certificates of physicians required by this Section or a microfilm duplicate of such records. All records maintained in the courts under the provisions of this Section shall be sealed and available only to the person placed in protective custody, his attorney, or the petitioner.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

##### **§ 40:31.27** Judicial commitment; review {#sec-40-31.27 omnilex-key=us-la-statutes--rs-title-40--40:31.27}

A. A written report on each person committed pursuant to the provisions of this Part shall be submitted every ninety days by the treatment facility to the committing court. The report shall include but need not be limited to the committed person's response to treatment, his current condition, and the reasons, if any, why continued involuntary treatment is necessary to improve his condition or to prevent it from deteriorating. The report shall be treated by the court as confidential and shall not be available for public examination, nor shall it be subject to discovery in any proceedings other than those initiated pursuant to this Part.

B. Persons committed judicially shall have their cases reviewed in a hearing annually. The annual hearing shall be conducted according to the procedures and standards set forth by the district court for the judicial district in which the person is being confined and may be conducted through telecommunications, community antenna television, or other such technology. The court may at any time, however, upon application or upon its own motion, order a new hearing to be held in order to determine whether the involuntary status should be continued.

C. A person who is judicially committed shall be allowed to appeal devolutively from the order to the court of appeal. If the lower court finds the individual indigent, it shall allow the appeal to be taken in forma pauperis.

D. Upon affirmation of the order of commitment, the person may apply for appropriate writs from the supreme court.

E. Nothing in this Part shall deny the right of habeas corpus, including an application based upon a change of circumstances. The hearing for habeas corpus may be conducted through telecommunications, community antenna television, or other such technology.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

##### **§ 40:31.28** Discharge {#sec-40-31.28 omnilex-key=us-la-statutes--rs-title-40--40:31.28}

A. The director of the treatment facility, upon the recommendation of the state health officer or his designee, or the court may discharge the person. The director and the official making the recommendation shall not be legally responsible to any person for the subsequent acts or behavior of a person discharged in good faith and in accordance with the provisions of this Part.

B.(1) A person who is committed to a treatment facility for active tuberculosis may be conditionally discharged for a period of up to one year by the director, upon the recommendation of the state health officer or his designee, or by a court of competent jurisdiction after a hearing. The person may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the person. A copy of the conditional discharge shall be given to the person and explained to him before he is discharged.

(2) If the person is conditionally discharged by the director upon the recommendation of the state health officer or his designee, a copy of the conditional discharge shall be sent to the court which judicially committed him and to the person's counsel of record. If the person is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the director of the treatment facility to which the person has been committed, the state health officer or his designee, and the committed person's counsel of record.

(3) The director, upon the recommendation of the state health officer or his designee, or the court may extend the conditional discharge of a person for a period of up to two years and the person may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the extension of the conditional discharge shall be specifically set forth in writing and signed by the person. A copy of the extension of the conditional discharge shall be given to the person and explained to him.

(4) If a conditional discharge is extended by the director upon the recommendation of the state health officer or his designee, a copy of the extension shall be sent to the court which judicially committed the person and to the person's counsel of record. If the conditional discharge is extended by the court, a copy of the extension shall be sent to the director, to the state health officer or his designee, and to the person's counsel of record.

(5) If a person does not comply with the terms and conditions of his conditional discharge, he shall be subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for protective custody. A conditionally discharged person who is confined pursuant to any of these involuntary procedures shall have all rights of a person committed involuntarily, including the right to periodic reports and review and an annual hearing pursuant to the provisions of this Part.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

##### **§ 40:31.29** Costs {#sec-40-31.29 omnilex-key=us-la-statutes--rs-title-40--40:31.29}

A. Court costs not to exceed one hundred dollars per hearing shall be
established by the court and ordered paid in the discretion of the court by the
Louisiana Department of Health and shall be disbursed based on a schedule of
costs to be established and administered by the court presiding over the matter.

B. Reasonable compensation of appointed counsel shall be established
by the court. If it is determined by the court that the costs shall not be borne
by the person, then compensation to the attorney shall be paid by the Louisiana
Department of Health based upon a schedule of costs to be established and
administered by the court presiding over the matter, but not to exceed two
hundred dollars per hearing per confined person. The person shall have the
right to privately retained and paid counsel at any time.

C. A court reporter recording any of the proceedings and preparing any
transcripts provided for by this Part shall be paid by the Louisiana Department
of Health based upon a schedule of costs to be established and administered
by the court presiding over the matter. Such costs shall not exceed two
hundred dollars per month.

*Acts 1995, No. 373, §1, eff. June 16, 1995.*

#### **PART VI** PUBLIC HEALTH FEES AND PERMITS

##### **§ 40:31.31** Definitions {#sec-40-31.31 omnilex-key=us-la-statutes--rs-title-40--40:31.31}

As used in this Part:

(1) "Department" means the Louisiana Department of Health except in instances of
the issuance of licenses and the collection of fees from transporters and haulers of sewage
sludge or biosolids, when "department" means the Department of Environmental Quality.

(2) "Office" means the Louisiana Department of Health, office of public health.

*Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2008, No. 56, §3, eff. July 1, 2009.*

##### **§ 40:31.31.1** Export certificate fees {#sec-40-31.31.1 omnilex-key=us-la-statutes--rs-title-40--40:31.31.1}

The Louisiana Department of Health shall charge a fee of fifteen dollars for each
export certificate or certificate of free sale issued at the request of a manufacturer or
distributor whose operations are subject to the jurisdiction of the Louisiana Department of
Health or whose products are subject to rules promulgated by the Louisiana Department of
Health in accordance with R.S. 40:627.

*Acts 2025, No. 514, §1, eff. July 1, 2025.*

##### **§ 40:31.32** Individual sewage fees {#sec-40-31.32 omnilex-key=us-la-statutes--rs-title-40--40:31.32}

A. In order to partially support the state cost of providing sewerage program services
including site assessments and plans and specifications reviews in accordance with state
Sanitary Code requirements, the department shall charge and collect the fees as provided by
this Section.

B. The department shall charge and collect a one-time fee of one hundred fifty
dollars for each individual-type sewerage system installed for residential use. Such fee shall
be payable by the manufacturer or, if authorized by the department, manufacturer-authorized
system distributor, franchise, sale, or agent thereof.

C. The Department of Environmental Quality shall charge and collect for each
sewage hauler license issued an annual fee of one hundred dollars payable by the individual
seeking licensure.

D.(1) For each sewerage installer license issued to a person who installs sewage
treatment systems, the department shall charge and collect an annual fee of one hundred fifty
dollars payable by the individual seeking licensure.

(2) For each sewerage maintenance license issued to a person who maintains or
services sewage treatment systems, the department shall charge and collect an annual fee of
one hundred fifty dollars payable by the individual seeking licensure.

(3) For each combination installer and maintenance license issued to a person who
installs and maintains or services sewage treatment systems, the department shall charge and
collect an annual fee of one hundred fifty dollars payable by the individual seeking licensure.

E. The department shall charge and collect an inspection fee of one hundred fifty
dollars for each sewerage treatment and interrelated systems inspection or related request
associated with loanmaking procedures for existing residential and commercial properties.
The fee shall be payable by the individual requesting such inspection or related activity.

F. Repealed by Acts 2025, No. 514, §2, eff. July 1, 2025.

*Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2004, No. 667, §2, eff. July 5, 2004; Acts 2008, No. 56, §3, eff. July 1, 2009; Acts 2018, No. 206, §4; Acts 2025, No. 514, §§1, 2, eff. July 1, 2025.*

##### **§ 40:31.33** Safe drinking water fee; exemptions {#sec-40-31.33 omnilex-key=us-la-statutes--rs-title-40--40:31.33}

A.(1) The department shall charge an annual fee of twelve dollars per metered
connection or account for community systems. The fee shall be collected from each
consumer by the community system provider in not less than quarterly installments and
remitted to the department, in quarterly payments minus five percent per metered connection
or account to be retained by the community system provider for administrative costs for the
collection of the fee.

(2) Metered connections servicing installations or accounts that are not involved in
providing drinking water shall not be assessed the fee.

B. In order to comply with the provisions of R.S. 40:5.6 and the federal Safe
Drinking Water Act, the department shall charge an annual fee of one hundred dollars for
noncommunity systems.

C. The funds remitted to the department pursuant to Subsections A and B of this
Section shall be used for the following purposes:

(1) To comply with the provisions of R.S. 40:5.6 and the federal Safe Drinking
Water Act.

(2) To offset the annual costs of the Louisiana Rural Water Association in an amount
not to exceed five hundred thousand dollars.

(3) To fund up to forty additional sanitarian positions within the department based
upon the number of sanitarian positions funded by the department on July 1, 2016.

D. The fee collected pursuant to Subsections A and B of this Section shall be known
as the "Safe Drinking Water Fee".

*Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2003, No. 154, §1; Acts 2016, No. 605, §1, eff. Jan. 1, 2017.*

##### **§ 40:31.34** Infectious waste permits {#sec-40-31.34 omnilex-key=us-la-statutes--rs-title-40--40:31.34}

A. The department shall charge and collect an annual infectious waste
permit fee from each transporter of potentially infectious biomedical waste for
which a permit is required under the state Sanitary Code. The fee shall be two
hundred dollars for each transporter facility, including one transport body or
vehicle, plus fifty dollars for each additional vehicle.

B. The department shall charge and collect an annual infectious waste
permit fee for each facility for storage and treatment of potentially infectious
biomedical waste for which a permit is required by the state Sanitary Code.
The fee shall be two hundred dollars per storage site or storage and treatment
site.

C. A properly permitted transport body or vehicle used for the storage
at the site of a generator of potentially infectious biomedical waste will not be
required to have a storage permit.

D. The fees established in this Section shall replace the fees
promulgated in the July 20, 1991, Louisiana Register and shall apply to
renewals of said permits.

*Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.*

##### **§ 40:31.35** Commercial seafood permit fee {#sec-40-31.35 omnilex-key=us-la-statutes--rs-title-40--40:31.35}

A. Each seafood processor and distributor in the state shall be required to obtain a
commercial seafood permit from the Louisiana Department of Health. The department shall
charge and collect an annual commercial seafood permit fee to support the cost of inspection,
monitoring, sampling, and laboratory analysis as mandated by the state Sanitary Code. The
classification of the permit shall be classified as a domestic commercial seafood processor
permit, an imported commercial seafood processor permit, and a commercial seafood
distributor permit. The fee shall be collected from each seafood distributor and processing
plant based on gross revenues of the plant or distributor as follows:

Revenues Annual fee

$1,000,000 and under $ 150.00

$1,000,001 - $2,500,000 250.00

$2,500,001 - $5,000,000 350.00

over $5,000,000 500.00

B. The department shall charge and collect a shellfish transplant permit fee of one
hundred dollars.

C. In addition to the fee provided for in Subsection A of this Section, the Louisiana
Department of Agriculture and Forestry shall charge and collect an annual imported seafood
safety fee from each holder of a commercial seafood permit who processes or distributes
imported seafood. The fee shall be three hundred dollars for the 2025 calendar year, five
hundred dollars for the 2026 calendar year, seven hundred fifty dollars for the 2027 calendar
year, and one thousand dollars for the 2028 calendar year and each calendar year thereafter.
The proceeds of such fee shall be deposited into the Imported Seafood Safety Fund.

*Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2021, No. 306, §1; Acts 2024, No. 667, §1, eff. June 18, 2024; Acts 2024, No. 787, §1; Acts 2025, No. 300, §§1, 4, eff. June 11, 2025.*

##### **§ 40:31.35.1** Repealed by Acts 2025, No. 300, §4, eff. June 11, 2025. {#sec-40-31.35.1 omnilex-key=us-la-statutes--rs-title-40--40:31.35.1}

*Repealed by Acts 2025, No. 300, §4, eff. June 11, 2025.*

##### **§ 40:31.36** Health unit fees {#sec-40-31.36 omnilex-key=us-la-statutes--rs-title-40--40:31.36}

A. The department shall charge and collect an administrative fee not to exceed fifty
dollars in parish health units for each childhood vaccination visit by a patient whose other
pediatric services are provided outside of the department's system.

B. The department shall charge and collect an administrative fee not to exceed fifty
dollars in parish health units for administering international immunizations for foreign travel.
In addition, the patient shall be responsible for the parish health unit's current cost of yellow
fever, cholera, and typhoid vaccines.

C. The department shall charge and collect a clinic service copayment fee not to
exceed twenty-five dollars per clinic service and not to exceed twenty-five dollars per
pharmacy service, for a maximum total of fifty dollars per clinic visit, for each service
performed at a parish health unit. Such fee shall not apply to visits paid for under Subsection
A or B of this Section.

D. The provisions of this Section shall not apply to Title XIX recipients, Title XXI
recipients, and those documenting financial status at or below one hundred percent of the
applicable federal poverty guideline as published in the Federal Register by the United States
Department of Health and Human Services.

E. The fees charged in Subsections A and B of this Section shall be in lieu of those
promulgated by the department in the June 20, 1989, Louisiana Register for childhood
immunizations and for international immunizations.

F. The department may publish current fee schedules by promulgating rules in
accordance with the Administrative Procedure Act and shall post the current fee schedule in
each parish health unit and on the department's website.

*Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2018, No. 206, §4; Acts 2025, No. 314, §1, eff. June 26, 2025.*

##### **§ 40:31.37** Retail food establishment fees {#sec-40-31.37 omnilex-key=us-la-statutes--rs-title-40--40:31.37}

A.(1) The department shall charge a fee for each required permit issued to a food establishment, as defined in the state Sanitary Code, including the following types of establishments defined therein: itinerant food establishment, itinerant retail food store/market, market, mobile food establishment, mobile retail food store/market, retail food manufacturer, retail food store/market, temporary food establishment, and temporary retail food store/market.

(2) For each nonmobile location of a food establishment, the department shall require a permit for each mode of operation therein that, if standing alone, would meet the state Sanitary Code definition of a food establishment.

(3) Except as otherwise provided in this Section, fees shall be charged annually for each permit issued to an establishment in accordance with the following schedule:

First permit

$150.00

Second through fifth permits

$112.50 each

Each permit after the fifth

$75.00 each

B. The department shall charge each day care center an annual food establishment permit fee based upon the number of children for which the center is licensed, in accordance with the following schedule:

Licensed for:

0 - 15 individuals

$37.50

16 - 50 individuals

$75.00

51 - 100 individuals

$112.50

101 or more individuals

$150.00

C. For nonitinerant retail food stores/markets whose food sales are equal to or greater than sixty percent of the total gross sales, the department shall charge a single annual fee per store, regardless of the number of permits issued to that store, based on the annual gross receipts of the store, in accordance with the following schedule:

Annual Gross Revenue

Annual Fee

Less than $100,000

$75.00

$100,000 - $500,000

$112.50

$500,001 - $1,000,000

$187.50

$1,000,001 - $2,500,000

$375.00

$2,500,001 - $5,000,000

$600.00

More than $5,000,000

$750.00

D. For nonitinerant retail food stores/markets whose food sales are less than sixty percent of the total gross sales, the department shall charge a fee for each required permit issued to a store, based on the annual gross receipts of the store, in accordance with the following schedule:

Annual Gross Revenue

Annual Fee

Less than $100,000

$75.00

$100,000 - $500,000:

First through fourth permits

$112.50 each

Each permit after the fourth

$75.00 each

$500,001 - $1,000,000:

First permit

$187.50

Second through fourth permits

$112.50 each

Each permit after the fourth

$75.00 each

$1,000,001 - $2,500,000:

First permit

$375.00

Second through fourth permits

$112.50 each

Each permit after the fourth

$75.00 each

$2,500,001 - $5,000,000:

First permit

$600.00

Second through fourth permits

$112.50 each

Each permit after the fourth

$75.00 each

More than $5,000,000:

First permit

$750.00

Second through fourth permits

$112.50 each

Each permit after the fourth

$75.00 each

E.(1) Upon written request by the department, a retail food store/market shall within thirty days furnish proof of gross receipts for the most recent twelve-month period for which proof is available. In the case of establishments doing business less than one year, proof for less than a twelve-month period shall be submitted and the department shall calculate a projected annual gross receipts figure.

(2) New retail food stores/markets shall be issued temporary permits upon payment of an initial fee in the amount of one hundred twelve dollars and fifty cents and shall thereafter be required to furnish within seventy-five days of opening proof of gross receipts for the first three months of operation, from which the department shall calculate projected gross annual receipts and assess the appropriate fees in accordance with Subsections C and D of this Section, giving credit for the one hundred twelve dollars and fifty cents initial fee amount paid.

(3) Failure to provide the department with gross receipts data as required in this Subsection shall result in an assessment of the maximum applicable fees provided by Subsection D of this Section.

F. For temporary or special events, including fairs and festivals, requiring a food establishment permit, the department shall charge a twenty-five dollar fee for the entire event.

G. For food establishments that are seasonal, as defined in the state Sanitary Code, the department shall not charge an annual fee but shall instead charge a fifteen dollar fee for each month of operation.

H. State and local government-owned and operated facilities, churches, and nonprofit organizations, as defined by the United States Internal Revenue Service, are exempt from any fees authorized by this Section.

I. Notwithstanding any other provisions of this Section, the department shall not collect retail food establishment fees in an amount that results in the office of public health's retail food section having a surplus of more than three million dollars at the end of any fiscal year.

*Acts 2013, No. 281, §1.*

##### **§ 40:31.38** Office of public health reinspection fees {#sec-40-31.38 omnilex-key=us-la-statutes--rs-title-40--40:31.38}

A. As used in this Section, the following terms and phrases have the meaning
ascribed to them in this Subsection:

(1) "Critical item" has the meaning ascribed in the sanitary code, LAC 51:XXIII.101.

(2)(a) "Initial inspection" means any routine, complaint-based, or pre-opening
inspection of a commercial facility conducted to determine compliance with the sanitary code
that identifies either a minimum of five sanitary code violations or a minimum of one
sanitary code violation constituting a critical item that is not corrected during the inspection.

(b) Any reinspection that identifies either a minimum of five sanitary code violations
or a minimum of one sanitary code violation constituting a critical item, and in which none
of the violations were previously identified in the most recent inspection, constitutes an
initial inspection for purposes of this Section.

(3) "Reinspection" means any inspection subsequent to an initial inspection
conducted to determine remedial compliance related to any sanitary code violation identified
during an initial inspection.

(4) "Second or subsequent reinspection" means any reinspection conducted following
a prior reinspection and that identifies either a minimum of five sanitary code violations or
a minimum of one sanitary code violation constituting a critical item that remains
uncorrected after being identified either in an initial inspection or in a reinspection.

B.(1) The department may conduct a reinspection of any commercial facility subject
to regulation and inspection by the department pursuant to R.S. 40:4 or 5.

(2) The department shall charge a fee of one hundred fifty dollars to conduct any
second or subsequent reinspection, which shall be assessed to the owner of the reinspected
facility by notice served in the same manner provided for in the sanitary code for service of
a notice of violation.

(3) Failure of the owner to pay the fee within thirty days of service shall be grounds
for the issuance of an order revoking any permit held by the owner. The order shall be
subject to an adjudicatory hearing before the division of administrative law if requested by
the owner within the time limit set forth in the order.

(4) The department shall not issue any permit to the owner of an unpermitted facility
until any fee for a second or subsequent reinspection is paid.

Acts 2017, No. 66, §1, special eff. date.

NOTE: Acts 2017, No. 66, §2 provides that authorization for assessment of a fee for
a violation not constituting a "critical item", as defined in §1 of the Act, is effective
March 1, 2018; otherwise provides that the remainder of the Act is effective upon
signature of the governor (June 3, 2017).

##### **§ 40:31.39** Dairy farms and plants; milk plants; permit fees; definitions {#sec-40-31.39 omnilex-key=us-la-statutes--rs-title-40--40:31.39}

A.(1) The department shall charge an annual fee in the amount of ninety dollars per
permit issued to a dairy farm.

(2) As used in this Subsection, the term "dairy farm" means any place or premises
where one or more cows, goats, sheep, water buffaloes, or other hooved mammals are kept
for milking and from which a part or all of the milk produced is provided, sold, or offered
for sale to a dairy plant, transfer station, or receiving station possessing a permit from the
Louisiana Department of Health.

B.(1) The department shall charge an annual fee in the amount of three hundred
dollars per permit issued to a dairy plant.

(2) As used in this Subsection, the term "dairy plant" means any place, premises, or
establishment where milk, milk products including frozen desserts, frozen dessert mixes,
filled milk or filled milk products, anomalous milk, anomalous milk products or anomalous
dairy products, and dairy products are collected, handled, processed, stored, pasteurized,
ultra-pasteurized, aseptically processed, churned, frozen, dried, blended, concentrated,
condensed, packaged, or prepared for distribution and where milk tank trucks are cleaned and
sanitized when received. The term also includes out-of-state facilities and establishments
whose products are sold or distributed within the state of Louisiana.

C.(1) The department shall charge an annual fee in the amount of three hundred
dollars per permit issued to a single service milk and milk product container or closure
manufacturing plant.

(2) As used in this Subsection, the term "single service milk and milk product
container or closure manufacturing plant" means fabricators, converters, printers, closure
manufacturers, plastic laminators, sheet formers, blow molders, vacuum formers, plastic
extruders, injection molders, preformers, manufacturers of valves, valve parts, tubes,
dispensing devices, and sample containers for use with milk or milk products. The term also
includes out-of-state facilities and establishments whose products are sold or distributed
within the state of Louisiana.

*Acts 2018, No. 9, §1.*

##### **§ 40:31.40** Plan review fees {#sec-40-31.40 omnilex-key=us-la-statutes--rs-title-40--40:31.40}

A. The Louisiana Department of Health shall charge and collect, in advance, a fee
of one hundred dollars for the review of any plans required to be submitted to the Louisiana
Department of Health, office of public health, in connection with a permit application for a
new facility, operation, or establishment or a plan required to be submitted in connection
with a substantial renovation to an existing permitted facility, operation, or establishment.
For an alternative fee of one thousand dollars, the Louisiana Department of Health shall
expedite and guarantee a complete review of a plan within five business days from the date
the plan and fee are submitted.

B. The plan review fees authorized by this Section are collected in addition to any
permit fees authorized by this Title.

C. This Section shall not apply to the review of plans for a public water supply
system, commercial treatment facility, community sewerage system, or swimming pool.

*Acts 2025, No. 514, §1, eff. July 1, 2025.*

#### **PART VII** LOUISIANA BIRTH DEFECTS SURVEILLANCE SYSTEM

##### **§ 40:31.41** Legislative intent {#sec-40-31.41 omnilex-key=us-la-statutes--rs-title-40--40:31.41}

It is the intent of the legislature to establish a system to collect, analyze, and disseminate data regarding birth defects in the state and to provide information to families of children born with birth defects regarding services available in their community and the development of appropriate prevention programs.

*Acts 2001, No. 194, §1.*

##### **§ 40:31.42** Definitions {#sec-40-31.42 omnilex-key=us-la-statutes--rs-title-40--40:31.42}

As used in this Part, the following definitions shall apply unless the
content clearly states otherwise:

(1) "Advisory board" means the advisory board of the birth defects
surveillance system.

(2) "Birth defect" means an abnormality of structure, function, or
metabolism that develops during prenatal, perinatal, or early postnatal life that
is diagnosed before a child reaches three years of age.

(3) "Department" means the Louisiana Department of Health.

(4) "Office" means the office of public health within the Louisiana
Department of Health.

(5) "Reporting source" means any physician, nurse, allied health
professional, hospital, laboratory, and any other facility or agent which directly
or indirectly provides medical services or other health care to a child affected
by a birth defect.

(6) "Secretary" means the secretary of the Louisiana Department of
Health.

(7) "Surveillance system" means the process that is used to collect data
about children with birth defects.

*Acts 2001, No. 194, §1.*

##### **§ 40:31.43** Louisiana Birth Defects Surveillance System {#sec-40-31.43 omnilex-key=us-la-statutes--rs-title-40--40:31.43}

A. The department shall establish a birth defects surveillance system within the office of public health to collect, analyze, interpret, and disseminate data relative to birth defects in Louisiana.

B. In establishing the surveillance system, the department shall require reporting sources to report information on birth defects to the office. However, reporting sources shall not collect or report information on birth defects of a child to the office whenever there is a written objection by the parent or legal guardian that collecting and reporting such information would conflict with their religious tenets or practices.

C. The system has the authority to collaborate with other interstate and interagency efforts as they relate to the surveillance system.

*Acts 2001, No. 194, §1.*

##### **§ 40:31.44** Confidentiality {#sec-40-31.44 omnilex-key=us-la-statutes--rs-title-40--40:31.44}

Notwithstanding any other provision of the law to the contrary, individual identifying data in the surveillance system shall be confidential and shall not be subject to discovery. Such data shall not be released unless express written informed consent of a parent or legal guardian has been obtained. Data gathered by the office shall be used only for the purposes set forth in this Part.

*Acts 2001, No. 194, §1.*

##### **§ 40:31.45** Report {#sec-40-31.45 omnilex-key=us-la-statutes--rs-title-40--40:31.45}

The department shall produce an annual report on the results obtained through the surveillance system to be submitted to the advisory board, the secretary, and the House and Senate committees on health and welfare.

*Acts 2001, No. 194, §1.*

##### **§ 40:31.46** Advisory board {#sec-40-31.46 omnilex-key=us-la-statutes--rs-title-40--40:31.46}

A. The secretary shall establish an advisory board to make recommendations on the implementation and continuing operation of the surveillance system.

B. The secretary shall appoint nine members, each of whom shall have an expressed interest in a birth defects surveillance system, and shall be appointed in the following manner:

(1) One pediatrician from a list of names submitted by the Louisiana State Medical Society.

(2) One board-certified clinical geneticist from a list of names submitted by Ochsner Clinic.

(3) One board-certified clinical geneticist from a list of names submitted by Tulane University Medical Center.

(4) One board-certified clinical geneticist from a list of names submitted by Louisiana State University Health Sciences Center-New Orleans.

(5) One board-certified clinical geneticist from a list of names submitted by Louisiana State University Health Sciences Center-Shreveport.

(6) One maternal/fetal medicine physician from a list of names submitted by the March of Dimes.

(7) One parent representative from a list of names compiled from various parent groups or by individual application.

(8) One consumer representative from a list of names compiled from various consumer groups or by individual application.

(9) One epidemiologist employed by or contracted to the department.

C. Each member shall serve at the pleasure of the secretary.

D. Vacancies shall be filled in the manner of the original appointment.

E. The members of the advisory board shall serve on a voluntary basis and shall receive no compensation for their services.

F. The members of the advisory board shall elect from their membership a chairman and a vice chairman.

*Acts 2001, No. 194, §1.*

##### **§ 40:31.47** Cooperation by other state entities {#sec-40-31.47 omnilex-key=us-la-statutes--rs-title-40--40:31.47}

All departments, commissions, boards, agencies, officers, and institutions of the state and all subdivisions thereof shall cooperate with the office in carrying out the purposes of this Part.

*Acts 2001, No. 194, §1.*

##### **§ 40:31.48** Rules and regulations {#sec-40-31.48 omnilex-key=us-la-statutes--rs-title-40--40:31.48}

The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Part.

*Acts 2001, No. 194, §1.*

#### **PART VIII** LOUISIANA PARKINSON'S DISEASE REGISTRY

##### **§ 40:31.61** Legislative intent {#sec-40-31.61 omnilex-key=us-la-statutes--rs-title-40--40:31.61}

The Legislature of Louisiana wishes to further efforts by the Parkinson's community to find a cure for this devastating disease by helping to determine how many people in the state suffer from Parkinson's and by gathering vital information from these individuals, such as general age, ethnicity, gender, as well as possible environmental factors that may have played a part in the development of the disease. Thus, it is the intent of the legislature to establish a system to collect and assess information and data regarding the incidence of Parkinson's disease in the state.

*Acts 2005, No. 210, §1.*

##### **§ 40:31.62** Definitions {#sec-40-31.62 omnilex-key=us-la-statutes--rs-title-40--40:31.62}

As used in this Part, the following definitions shall apply unless the content clearly
states otherwise:

(1) "Department" means the Louisiana Department of Health.

(2) "Office" means the office of public health within the Louisiana Department of
Health.

(3) "Parkinson's disease" means a chronic and progressive neurologic disorder
resulting from deficiency of the neurotransmitter dopamine as the consequence of
degenerative, vascular, or inflammatory changes in the area of the brain called the basal
ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy
posture, muscle weakness, and unsteady or shuffling gait.

(4) "Regional Parkinson's disease incidence reporting areas" means those
demographic regions of the state designated by the department that are responsible for
collecting and collating Parkinson's disease incidence data. The department may contract
with an agency, including but not limited to a health systems agency, a parish health
department, multiparish health department grouping, or nonprofit professional association
representing a designated disease-reporting region for the purposes of carrying out the
responsibilities of the disease-reporting region.

(5) "Regional Parkinson's Disease Registry" means those regions of the state as
designated by the department responsible for providing, on a timely basis, Parkinson's
disease incidence data as determined by the department to the department.

*Acts 2005, No. 210, §1.*

##### **§ 40:31.63** Parkinson's Disease Registry {#sec-40-31.63 omnilex-key=us-la-statutes--rs-title-40--40:31.63}

A. The department, through the office of public health, shall conduct a program of epidemiological assessments of the incidence of Parkinson's disease. The program shall encompass all areas of the state for which Parkinson's disease incidence data are available. The program shall include the monitoring of Parkinson's disease associated with suspected chemical agents encountered by the general public both in occupational locations and in the environment generally. The department shall designate regional Parkinson's disease incidence reporting areas and regional Parkinson's disease registries for the purpose of monitoring the incidence of the disease throughout the state.

B. Any hospital or other facility providing therapy to Parkinson's disease patients within an area designated as a Parkinson's disease-reporting area shall report each case of Parkinson's disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department's authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the department or authorized representative for its costs to access and report the information.

C. Any physician, surgeon, dentist, podiatrist, or other licensed, certified, or registered health care practitioner diagnosing or providing treatment for Parkinson's disease patients shall report each Parkinson's disease case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinson's disease.

D. The department and any regional Parkinson's disease registry designated by the department shall use the information to determine the sources of Parkinson's disease and evaluate measures designed to eliminate, alleviate, or ameliorate their effect.

E. Nothing in this Section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson's disease to maintain their own facility-based Parkinson's disease registries.

F. Reporting sources shall not collect, track, or report information on a Parkinson's disease patient whenever the patient objects based on his or her religious beliefs.

*Acts 2005, No. 210, §1.*

##### **§ 40:31.64** Director {#sec-40-31.64 omnilex-key=us-la-statutes--rs-title-40--40:31.64}

The Parkinson's Disease Registry shall be under the charge of a director who may enter into contracts as are necessary for the conduct of the program and may accept, on behalf of the state, grants of public or private funds for the program. The director shall analyze available incidence data and prepare reports and perform studies as necessary to identify Parkinson's disease hazards to the public health and further identify possible mitigating or preventative factors.

*Acts 2005, No. 210, §1.*

##### **§ 40:31.65** Authority and responsibility of the director {#sec-40-31.65 omnilex-key=us-la-statutes--rs-title-40--40:31.65}

A. Repealed by Acts 2022, No. 252, §3.

B. The director shall designate Parkinson's disease as a disease required to be
reported in the state or any demographic parts of the state in which Parkinson's disease
information is collected pursuant to this Section. All cases of Parkinson's disease diagnosed
or treated in the reporting area shall thereafter be reported to the representative of the
department authorized to compile the Parkinson's disease data or any individual, agency, or
organization designated to cooperate with that representative.

*Acts 2005, No. 210, §1; Acts 2022, No. 252, §3.*

##### **§ 40:31.66** Confidentiality; cooperation with other state and federal entities {#sec-40-31.66 omnilex-key=us-la-statutes--rs-title-40--40:31.66}

A. Except as otherwise provided in this Section, all information collected pursuant to this Part shall be confidential and shall not be subject to discovery. Such information shall not be released, except to persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing and according to standards which shall be determined by the department, to maintain confidentiality. In addition, the individual or individuals to whom the information pertains shall be permitted access to his or her own information upon written request.

B. The department and any regional Parkinson's disease registry designated by the department may enter into agreements to furnish confidential information to other states' Parkinson's disease registries, federal Parkinson's disease control agencies, local health officers, or health researchers for the purpose of determining the sources of Parkinson's disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing, and according to standards and requirements to be determined by the department, to maintain the confidentiality of the information.

C. Notwithstanding any other provision of law to the contrary, any disclosure authorized in accordance with this Section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.

D. The furnishing of confidential information to the department or its authorized representative in accordance with this Section shall not expose any person, agency, or entity furnishing information to liability and shall not be considered a waiver of any privilege or a violation of a confidential relationship.

E. The department shall maintain an accurate record of all persons who are given access to confidential information. The records shall include the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.

F. Nothing in this Section shall prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.

*Acts 2005, No. 210, §1.*

##### **§ 40:31.67** Funding {#sec-40-31.67 omnilex-key=us-la-statutes--rs-title-40--40:31.67}

The provisions of this Part shall be implemented only to the extent that funds become available. The office of public health, a public health unit, or their agents or providers may solicit funding from any and all sources, including private or federal funds, to implement these provisions.

*Acts 2005, No. 210, §1.*

##### **§ 40:31.68** Rules and regulations {#sec-40-31.68 omnilex-key=us-la-statutes--rs-title-40--40:31.68}

The department shall promulgate all necessary rules and regulations to implement the provisions of this Part.

*Acts 2005, No. 210, §1.*

#### **PART IX** LOUISIANA AMYOTROPHIC LATERAL SCLEROSIS REGISTRY

##### **§ 40:31.71** Legislative findings {#sec-40-31.71 omnilex-key=us-la-statutes--rs-title-40--40:31.71}

The legislature hereby finds and declares that:

(1) Amyotrophic lateral sclerosis, or ALS, most often takes at least a year to be
diagnosed and is a diagnosis of exclusion, meaning that it becomes the diagnosis after other
options are exhausted.

(2) The average time living with the disease is two to five years and is often shorter
and seldom much longer unless invasive measures are taken, such as a tracheostomy.

(3) It costs over two hundred thousand dollars per year to live with a tracheostomy
tube, so ninety percent of the ALS population in the United States chooses not to undergo
the procedure.

(4) Because the disease progresses so rapidly, patients most often do not attend an
ALS clinic or long-term care clinic where their diagnosis would or could be reported to the
Centers for Disease Control and Prevention (CDC), the organization tasked with counting
those with ALS.

(5) The CDC program uses payor information and self-reporting to create their data
and acknowledges that their numbers are likely low, but they are beholden to the methods
outlined by Congress.

(6) Several studies have been done to show that in states with implemented efforts
to count those living with ALS, the number dramatically increased in each state.

(7) Louisiana currently reflects very few people with ALS north of Baton Rouge,
likely because they remain uncounted.

(8) The only state, Massachusetts, that has ALS as a mandatory reportable disease
has become a hub for ALS research.

*Acts 2024, No. 511, §1, eff. June 10, 2024.*

##### **§ 40:31.72** ALS disease surveillance system {#sec-40-31.72 omnilex-key=us-la-statutes--rs-title-40--40:31.72}

A. The Louisiana Department of Health shall establish an amyotrophic lateral
sclerosis (ALS) surveillance system within the office of public health to collect, analyze,
interpret, and disseminate data relative to individuals living with ALS in Louisiana.

B. In establishing the surveillance system, the department shall require reporting
sources to report information on ALS to the office of public health.

*Acts 2024, No. 511, §1, eff. June 10, 2024.*

##### **§ 40:31.73** Confidentiality {#sec-40-31.73 omnilex-key=us-la-statutes--rs-title-40--40:31.73}

Notwithstanding any other provision of the law to the contrary, individual identifying
data in the surveillance system shall be confidential and shall not be subject to discovery.
Data shall not be released for any child unless express written informed consent of a parent
or legal guardian has been obtained. Data gathered by the office shall be used only for the
purposes set forth in this Part.

*Acts 2024, No. 511, §1, eff. June 10, 2024.*

##### **§ 40:31.74** Report {#sec-40-31.74 omnilex-key=us-la-statutes--rs-title-40--40:31.74}

The department shall produce an annual report on the results obtained through the
surveillance system to be submitted to the secretary of the Louisiana Department of Health
and the House and Senate committees on health and welfare.

*Acts 2024, No. 511, §1, eff. June 10, 2024.*

### **CHAPTER 2** VITAL STATISTICS LAWS

#### **PART I** GENERAL PROVISIONS

##### **§ 40:32** Definition of terms {#sec-40-32 omnilex-key=us-la-statutes--rs-title-40--40:32}

As used in this Chapter, the following terms shall have the meanings ascribed to them
in this Section unless otherwise provided for or unless the context otherwise indicates:

(1) "Biological parents" means a husband and wife, joined by legal marriage
recognized as valid in this state, who provide sperm and egg for in vitro fertilization,
performed by a licensed physician, when the resulting fetus is carried and delivered by a
surrogate birth parent who is related by blood or affinity to either the husband or wife.

(2) "Dead body" means a lifeless human body or such severed parts of the human
body, or the bones thereof, from the state of which it may be reasonably concluded that death
has recently occurred.

(3) "Fetal death" means death prior to the complete expulsion or extraction from its
mother of a product of human conception, irrespective of the duration of pregnancy; the
death is indicated by the fact that after such expulsion or extraction the fetus does not breathe
or show any other evidence of life such as beating of the heart, pulsation of the umbilical
cord, or definite movement of voluntary muscles.

(4) "File" means the presentation of a vital record provided for in this Chapter for
registration by the vital records registry.

(5) "Final disposition" means the burial, interment, cremation, removal from the
state, or other authorized disposition of a dead body or fetus.

(6) "Funeral director or person acting as such" is a licensed funeral director or
embalmer as defined in R.S. 37:831 et seq. or persons acting under the authority of the state
health officer in accordance with R.S. 40:5.

(7) "Induced termination of pregnancy" (abortion) means the purposeful interruption
of pregnancy with the intention other than to produce a live-born infant or to remove a dead
fetus and if^1^ such interruption does not result in a live birth.

(8) "Institution" means any establishment, public or private, which provides inpatient
medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care,
or to which persons are committed by law.

(9) "Live birth" means a birth in which the child shows evidence of life after
complete birth. A birth is complete when the child is entirely outside the mother, even if the
umbilical cord is uncut and the placenta still attached. The words "evidence of life" include
heart action, breathing, or movement of voluntary muscles.

(10) "Person in charge of interment" means any person who places or causes to be
placed a deceased or stillborn child, dead body, or, after cremation, the ashes thereof, in the
earth, a grave, tomb, vault, urn, or other receptacle, either in a cemetery or at any other place,
or otherwise disposes thereof.

(11) "Physician" means a person authorized under the laws of this state to practice
medicine.

(12) "Public health statistics unit" means that section which codes, tabulates,
analyzes, reports, and coordinates vital records and other health status indicator data for the
office of public health.

(13) "Registration" as otherwise qualified in rules and regulations means the
acceptance of vital records by the vital records registry and the incorporation thereof into its
official records.

(14) "Removal" means the transportation of a dead human body or the remains
thereof from the jurisdiction of the state of Louisiana.

(15) "Signature" or "sign(ed)" means a written signature or an electronic signature.

(16) "Spontaneous fetal death" and "stillbirth" mean the expulsion or extraction of
a product of human conception resulting in other than a live birth and when the expulsion
or extraction is not the result of an induced termination of pregnancy.

(17) "System of vital records" means the registration, collection, preservation,
amendment, certification, and issuance of certified copies of vital records required by this
Chapter and activities related thereto.

(18) "Vital records", "certificates", or "forms" means paper or electronic reports of
birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment, and data
related thereto.

(19) "Vital records registry" means a central registry as provided for in R.S. 40:33(A)
which maintains the vital records archives and operates the system of vital records.

Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1; Acts 1997, No. 1251,
§1, eff. July 15, 1997; Acts 2000, 1st Ex. Sess., No. 136, §1; Acts 2006, No. 377, §1; Acts
2013, No. 220, §17, eff. June 11, 2013; Acts 2019, No. 100, §1.

^1^As appears in enrolled bill.

##### **§ 40:33** Vital records registry; establishment; general authority and duties of state registrar {#sec-40-33 omnilex-key=us-la-statutes--rs-title-40--40:33}

A. There is hereby established a central vital records registry within the office of
public health and a registrar of vital records for the state with an office properly equipped and
operated for the safety and preservation of all vital records covering the births, deaths,
marriages, divorce judgments, adoptions, and change of names, made and received under this
Chapter or under the regulations adopted by the Louisiana Department of Health.

B. The vital records registry shall be directed by the state registrar who shall enforce
this Chapter and the regulations made pursuant thereto and shall investigate all cases of
irregularity in preparation and filing of vital records. Documents shall not be registered until
such irregularities have been resolved.

C. Subject to the provisions of this Chapter, the secretary of the Louisiana
Department of Health shall make and amend, after due notice and hearing, in accordance
with the provisions of the Administrative Procedure Act, regulations necessary for the
efficient performance of a single adequate system of vital records for this state, and shall give
instructions for collecting, transcribing, compiling, analyzing, reporting, preserving, and
issuing certified copies of vital records.

D. The domicile of the vital records registry shall be in the parish of Orleans. All
suits or mandamus actions brought against the registry shall be brought in the parish of
Orleans.

E. The appointment of the state registrar shall be in accordance with the civil service
law and regulations.

F. The state registrar, with the approval of the secretary of the Louisiana Department
of Health shall prescribe, print, and supply each parish with all certificate forms or reports
provided for in this Chapter. The local registrar shall supply such forms to every hospital,
clinic, almshouse, lying-in hospital, or other institution, public or private, including penal
institutions, located in his registration district to which persons resort for treatment of disease
or injury or for childbirth or are committed by process of law and to all physicians in his
registration district.

G. Any person having knowledge of the facts shall furnish such information as he
or she may possess regarding any birth, death, spontaneous fetal death, induced termination
of pregnancy, marriage, or divorce, dissolution of marriage, or annulment, upon demand of
the state registrar. Nothing in this Section or Chapter shall be construed to require the person
charged by R.S. 40:45 with preparing birth certificates to make other than a reasonable effort,
as defined in R.S. 40:44, to obtain missing information or signature.

H. Repealed by Acts 2010, No. 175, §6.

*Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1; Acts 1991, No. 820, §1; Acts 2010, No. 175, §6; Acts 2013, No. 220, §17, eff. June 11, 2013.*

##### **§ 40:34** Vital records forms {#sec-40-34 omnilex-key=us-la-statutes--rs-title-40--40:34}

A.(1) The certificate forms prescribed by the state registrar shall include, as a
minimum, birth certificates, death certificates, paternity acknowledgment affidavits, and any
other forms recommended by the national office in charge of gathering vital statistics. Only
these forms shall be used in registering, recording, and preserving the vital information
required by this Chapter. These forms shall be typewritten in black type or written in jet
black ink or transferred by electronic means. Additionally each certificate of a birth
occurring in a licensed hospital shall be typewritten in black type or computer generated.
Whenever a form is changed, the new form shall be furnished to the person charged with
preparing it not less than thirty days prior to the date upon which the form shall be required
to be used.

(2) The Louisiana Department of Health shall promulgate rules and regulations in
accordance with the Administrative Procedure Act to allow electronic registration in lieu of
typewritten or written birth, death, fetal death, marriage, and divorce certificates.

B. The forms shall be printed and supplied or provided by electronic means by the
state registrar.

C.(1) Each coroner or physician who signs a death certificate shall certify the
certificate using the Louisiana Electronic Event Registration System of the Louisiana
Department of Health, state registrar of vital records.

(2) Each coroner shall report drug overdose deaths where the decedent's toxicology
results indicate that an opioid was present at the time of death and related to the overdose.
The reporting shall be entered into the Louisiana Electronic Event Registration System of the
Louisiana Department of Health, state registrar of vital records.

*Acts 1979, No. 776, §1. Amended by Acts 1983, No. 624, §1; Acts 1986, No. 621, §1; Acts 1986, No. 876, §1; Acts 1987, No. 343, §1; Acts 1987, No. 360, §1; Acts 1989, No. 819, §1; Acts 1990, No. 238, §1; Acts 1990, No. 349, §1, eff. Oct. 1, 1990; Acts 1991, No. 688, §1, eff. July 18, 1991; Acts 1991, No. 820, §1; Acts 1993, No. 740, §1; Acts 1993, No. 775, §1, eff. Aug. 15, 1994; Acts 1995, No. 954, §1; Acts 1997, No. 1252, §1, eff. July 15, 1997; Acts 1998, 1st Ex. Sess., No. 8, §4, eff. April 24, 1998; Acts 1999, No. 834, §1, eff. July 2, 1999; Acts 2000, 1st Ex. Sess., No. 136, §1; Acts 2001, No. 690, §1; Acts 2001, No. 1118, §1; Acts 2003, No. 1239, §1, eff. July 7, 2003; Acts 2003, No. 1251, §1; Acts 2004, No. 26, §13; Acts 2006, No. 344, §5, eff. June 13, 2006; Acts 2006, No. 377, §1; Acts 2008, No. 561, §§2, 3; Acts 2012, No. 255, §6; Acts 2016, No. 217, §1, Acts 2016, No. 434, §3; Acts 2018, No. 672, §1, eff. January 1, 2019; Acts 2019, No. 423, §1, eff. June 20, 2019.*

##### **§ 40:34.1** Original birth certificate; required contents {#sec-40-34.1 omnilex-key=us-la-statutes--rs-title-40--40:34.1}

A. An original birth certificate shall contain, as a minimum, the items provided in
R.S. 40:34.2 through 34.9.

B. In the case of a child born of a surrogate birth parent as a result of an enforceable
gestational carrier contract, as provided in R.S. 9:2720, the biological parents shall be
considered the parents of the child.

*Acts 2016, No. 434, §3; Acts 2016, No. 494, §2.*

##### **§ 40:34.2** Original birth certificate; required contents; name of child {#sec-40-34.2 omnilex-key=us-la-statutes--rs-title-40--40:34.2}

The name of the child shall be entered on the original birth certificate in accordance
with the following provisions:

(1) First name.

(a) If the child dies without a first name before the certificate is filed, enter the words
"died unnamed" in this blank.

(b) If the living child has not yet been given a first name at the date of filing of the
certificate, leave blank the space for the first name of the child and enter the name later when
supplied by affidavit.

(2) Surname.

(a) Unless otherwise provided by law and except as provided in Subparagraph (c) of
this Paragraph, if the child is born to a mother who either is married or was married within
three hundred days prior to the birth of the child, the surname of the child shall be recorded
in accordance with the following requirements:

(i) If the mother is married at the time of the birth of the child, and if the mother was
not married to another man within three hundred days prior to the birth of the child, the
surname of the child shall be the surname of the current husband of the mother.

(ii) If the mother, though married to one man at the time of the birth of the child, was
married to another man within three hundred days prior to the birth of the child, the surname
of the child shall be the surname of the former husband of the mother.

(iii) If the mother, though unmarried at the time of the birth of the child, was married
to a man within three hundred days prior to the birth of the child, the surname of the child
shall be the surname of the former husband of the mother.

(iv) In any of these cases, if both the man whose surname should be given to the
child and the mother agree, the surname of the child may be the maiden name or surname of
the mother or a combination of the surname of the man and the maiden name or surname of
the mother.

(b) If the child is born to a mother who neither is married nor was married within
three hundred days prior to the birth of the child, the surname of the child shall be the maiden
name or surname of the mother, at her discretion. If the father has acknowledged his child
by authentic act and if both the mother and the father agree, the surname of the child may be
the maiden name or surname of the mother, the surname of the father, or a combination of
the surname of the father and the maiden name or surname of the mother.

(c) In the case of a child born to a mother who either is married or was married
within three hundred days prior to the birth of the child, including cases in which both a
person presumed to be the father pursuant to the Civil Code and a biological father exist, the
surname of the biological father who has been judicially declared to be the father of the child
in a filiation or paternity proceeding shall be the surname of the child. If the biological father
and the mother agree, the surname of the child shall be the maiden name or surname of the
mother or a combination of the surname of the biological father and the maiden name or
surname of the mother.

(d) In the case of a child born of a surrogate birth parent as a result of an enforceable
gestational carrier contract, as provided in R.S. 9:2720, the surname of the child's biological
parents shall be the surname of the child.

(e) In any case provided for in this Paragraph, if the mother or the man whose
surname may be given to the child possesses both a paternal and maternal surname according
to national custom or practice, the surname of the child may be consistent with the national
custom or practice of the mother or man.

*Acts 2016, No. 434, §3; Acts 2016, No. 494, §2; Acts 2018, No. 21, §1, eff. May 7, 2018; Acts 2022, No. 645, §1.*

##### **§ 40:34.3** Original birth certificate; required contents; sex of child {#sec-40-34.3 omnilex-key=us-la-statutes--rs-title-40--40:34.3}

The sex of the child shall be entered on the original birth certificate.

*Acts 2016, No. 434, §3.*

##### **§ 40:34.4** Original birth certificate; required contents; circumstances of birth {#sec-40-34.4 omnilex-key=us-la-statutes--rs-title-40--40:34.4}

The circumstances of the birth of the child shall be entered on the original birth
certificate. These circumstances shall include all of the following:

(1) Time of birth.

(2) Date of birth, including the year, the month, and the day.

(3) Place of birth, address, including city or town and state; if in a hospital or other
institution, its name.

(4) Whether a plural birth. A separate certificate is required for each child in a plural
birth.

(5) If a plural birth, the number of each child in order of birth.

*Acts 2016, No. 434, §3.*

##### **§ 40:34.5** Original birth certificate; required contents; name of father {#sec-40-34.5 omnilex-key=us-la-statutes--rs-title-40--40:34.5}

A. If the child is born to a mother who either is married or was married within three
hundred days prior to the birth of the child, the full name of the father shall be recorded in
the same manner provided for the recordation of the surname of the child in R.S.
40:34.2(2)(a) and (c), unless otherwise provided by law.

B. If the child is born to a mother who neither is married nor was married within
three hundred days prior to the birth of the child, the full name of the father who has
acknowledged his child by authentic act shall be included on the birth record of the child, but
only if the father and mother agree.

C. In the case of a child born of a surrogate birth parent as a result of an enforceable
gestational carrier contract, as provided in R.S. 9:2720, the full name of the biological father
shall be listed as the father.

D. In all other cases, the name of the father and other information pertaining to the
father shall not appear on the birth certificate and the surname of the child shall be recorded
as the maiden name or surname of the mother, at her discretion.

NOTE: Subsection (E) eff. until October 1, 2027. See Acts 2025, No. 477.

E. Nothing in this Section shall preclude the Department of Children and Family
Services, office of children and family services, child support enforcement section from
obtaining an admission of paternity from the biological father for submission in a judicial
proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal
finding of paternity on an admission of paternity by the biological father and on any other
additional showing required by state law.

NOTE: Subsection (E) as amended by Acts 2025, No. 477, eff. October 1, 2027.

*E. Nothing in this Section shall preclude the Department of Children and Family Services, office of child support from obtaining an admission of paternity from the biological father for submission in a judicial proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal finding of paternity on an admission of paternity by the biological father and on any other additional showing required by state law.*

*Acts 2016, No. 434, §3; Acts 2016, No. 494, §2; Acts 2018, No. 21, §1, eff. May 7, 2018.; Acts 2025, No. 477, §12, eff. Oct. 1, 2027.*

##### **§ 40:34.5.1** Three-party acknowledgment of paternity; effect {#sec-40-34.5.1 omnilex-key=us-la-statutes--rs-title-40--40:34.5.1}

Notwithstanding the provisions of R.S. 40:34.2(2)(a) and (c) and 34.5(A), the
husband or former husband presumed to be the father of the child, the mother, and the
biological father of the child may execute a three-party acknowledgment of paternity
pursuant to Civil Code Article 190.1 on the form provided by the Louisiana Department of
Health. Upon receipt of that form and a certified report of blood or tissue sampling which
indicates by a ninety-nine and nine-tenths percentage point threshold probability that the
biological father is the father of the child, the state registrar shall:

(1) For the father of the child, record the full name of the biological father.

(2) For the surname of the child, record the maiden name or surname of the mother,
at her discretion. However, if the biological father and the mother agree, the state registrar
shall record as the surname of the child the maiden name or surname of the mother, the
surname of the biological father, or a combination of the surname of the biological father and
the maiden name or surname of the mother.

*Acts 2018, No. 21, §1, eff. May 7, 2018.*

##### **§ 40:34.5.2** Form and notice for three-party acknowledgment of paternity {#sec-40-34.5.2 omnilex-key=us-la-statutes--rs-title-40--40:34.5.2}

The Louisiana Department of Health, office of public health, shall develop a form,
and a notice of consequences of executing the form, for the purposes of implementing R.S.
40:34.5.1. The form shall include the following:

(1) A declaration in authentic form by the husband or former husband presumed to
be the father of the child that he is not the father of the child.

(2) A declaration in authentic form by the biological father that he is the father of the
child and that a certified report of blood or tissue sampling indicates by a ninety-nine and
nine-tenths percentage point threshold probability that he is the biological father of the child.

(3) A declaration in authentic form by the mother, husband or former husband
presumed to be the father of the child, and the biological father of the child that each
understands the form and has executed it voluntarily, and that each has received written
notice of the consequences of executing the form.

*Acts 2018, No. 21, §1, eff. May 7, 2018.*

##### **§ 40:34.6** Original birth certificate; required contents; name of mother {#sec-40-34.6 omnilex-key=us-la-statutes--rs-title-40--40:34.6}

The full name of the mother of the child, including her maiden name and current
surname, shall be entered on the original birth certificate; however, if the child was born of
a surrogate birth parent as a result of an enforceable gestational carrier contract, as provided
in R.S. 9:2720, the maiden name of the biological mother shall be listed as the mother.

*Acts 2016, No. 434, §3; Acts 2016, No. 494, §2.*

##### **§ 40:34.7** Original birth certificate; required contents; other information regarding the parents {#sec-40-34.7 omnilex-key=us-la-statutes--rs-title-40--40:34.7}

The following information regarding the parents shall also be entered on the original
birth certificate:

(1) Respective ages of parents on their last birthday, in years.

(2) Races of parents as reported by the parents.

(3) Ethnicities of parents as reported by the parents.

(4) Residences of parents.

(5) Birthplaces of parents, at least the state or foreign country, if known.

(6) Number of children born to this mother.

(7) Number of children born to this mother living.

(8) Social security account numbers issued to the parents, if obtainable; however,
these numbers shall not be printed on the birth certificate of the child, but shall be entered
only as a part of vital records.

*Acts 2016, No. 434, §3.*

##### **§ 40:34.8** Original birth certificate; required contents; certification of attendant {#sec-40-34.8 omnilex-key=us-la-statutes--rs-title-40--40:34.8}

The certification of the attending physician, midwife, or other person in attendance,
including a statement of the year, month, day, and hour of birth, shall be entered on the
original birth certificate. This certification shall be signed by the physician, midwife, or
other person in attendance, with the address and date of signature.

*Acts 2016, No. 434, §3.*

##### **§ 40:34.9** Original birth certificate; required contents; attestation of local filing {#sec-40-34.9 omnilex-key=us-la-statutes--rs-title-40--40:34.9}

The exact date of filing in the office of the local registrar, attested by his official
signature, shall be entered on the original birth certificate.

*Acts 2016, No. 434, §3.*

##### **§ 40:34.10** Death certificate; required contents {#sec-40-34.10 omnilex-key=us-la-statutes--rs-title-40--40:34.10}

The certificate of death shall contain, as a minimum, the following items:

(1) Full name of the decedent.

(2) The social security number issued to the decedent, unless a social security
number cannot be obtained.

(3) Sex.

(4) Race.

(5) Ethnicity.

(6) Conjugal status; single, married, widowed, or divorced. If married, name of
spouse.

(7) Age, in years, months, and days. If less than one day, in hours or minutes.

(8) Occupation, including any remunerative employment; the trade, profession, or
particular kind of work; the general nature of the industry, business, or establishment in
which employed.

(9) Place of residence, address, including city or town and state.

(10) Date of birth, including year, month, and day.

(11) Place of birth; if of foreign birth, how long in the United States.

(12) Name and birthplace of father.

(13) Maiden name and birthplace of mother.

(14) Place of death, address, including city or town and state.

(15) Name and address of the informant of the above items. The informant may be
any competent person acquainted with the facts, attesting to the accuracy of the above
information.

(16) Official signature of the local registrar, with the date when the certificate
containing the above items was filed and the registered number of the certificate.

(17) Date and place of burial, cremation, or removal.

(18) Signature and address of undertaker, or person acting as such, on the statement
of facts required in Paragraph (17) of this Section.

(19) The medical certification of the physician, if any, last attending to the deceased,
which certificate shall be made and signed by the physician within twenty-four hours after
death with his name and address. In the absence of a physician, the parish coroner shall sign
the certificate. In either event, the certification shall contain the following items:

(a) The fact and date of death, including year, month, day, and the time of the day.

(b) Time in attendance.

(c) Time he last saw the deceased alive.

(d) Cause of death, showing the course of the disease or the sequence of causes
resulting in the death; and contributory or secondary causes, the duration of each, and
whether any primary or secondary causes of death are attributed to dangerous or insanitary
conditions of employment. If the cause of death was violent, the certificate shall show the
determination of the coroner as to whether the death was probably accidental, suicidal, or
homicidal.

*Acts 2016, No. 434, §3.*

##### **§ 40:34.11** Paternity acknowledgement affidavit; required contents {#sec-40-34.11 omnilex-key=us-la-statutes--rs-title-40--40:34.11}

The state registrar shall develop an affidavit for the voluntary acknowledgment of
paternity which includes the minimum requirements of the affidavit specified by the secretary
of the United States Department of Health and Human Services under 42 U.S.C. 652(a)(7).

*Acts 2016, No. 434, §3.*

##### **§ 40:34.12** Provision of information to aid implementation of program of family support {#sec-40-34.12 omnilex-key=us-la-statutes--rs-title-40--40:34.12}

Upon request, the state registrar shall provide the information required in R.S.
40:34.9 and 34.10(1) and (2) to the agency charged with implementing a program of family
support in accordance with R.S. 46:236.1.1 et seq.

*Acts 2016, No. 434, §3.*

##### **§ 40:34.13** Registration of acknowledgements and adjudications of paternity {#sec-40-34.13 omnilex-key=us-la-statutes--rs-title-40--40:34.13}

All acknowledgments of paternity properly executed in accordance with Louisiana
law and adjudications of paternity by a Louisiana court shall be filed with the state registrar,
office of vital records, in a central repository pursuant to 42 U.S.C. 666(a)(5)(M).

*Acts 2016, No. 434, §3.*

##### **§ 40:35** Failure to complete medical certification {#sec-40-35 omnilex-key=us-la-statutes--rs-title-40--40:35}

If the medical certification portion of the death certificate contains too many indefinite or unsatisfactory terms, as determined by the state registrar, denoting only symptoms of disease or conditions resulting from disease and the like, the state registrar may require that the certificate be returned for completion and no certified copy of the death certificate shall be issued until completed properly.

*Acts 1979, No. 776, §1; Acts 2003, No. 657, §1.*

##### **§ 40:36** State registrar as custodian {#sec-40-36 omnilex-key=us-la-statutes--rs-title-40--40:36}

A. The state registrar of vital records is the custodian of all vital certificates and
records in this state which heretofore may exist in any parish or municipality, or which may
hereafter be received by him. He shall gather, compile, index, bind, and make provisions for
the storage and preservation of these records.

B. The state registrar shall take every precaution to preserve all documents in their
original form.

C. To preserve vital records, the state registrar is authorized to prepare accurate
typewritten, photographic, electronic, or other reproductions of certificates or reports in the
vital records registry. Such reproductions when certified by the state registrar shall be
accepted as the original records.

D. The public health statistics unit as provided for in R.S. 40:32(5) shall provide
reports containing analysis and tabulation of data derived from certificates and reports
required under this Chapter, as determined necessary for health planning and program
activities.

E. The state registrar may delegate such functions and duties vested in him or her to
employees of the vital records registry.

F. The public health statistics unit shall submit to the secretary of the Louisiana
Department of Health, to the legislature, and to the governor an annual report which shall
take the form of a compilation and recapitulation of the information received pursuant to this
Section and shall include such information as required in accordance with the provisions of
R.S. 40:65.

G. The state registrar of vital records may annually transfer and the secretary of state,
division of archives, records management and history, is authorized to receive all birth
records over one hundred years old and all records of death, stillbirth, marriage, dissolution
of marriage, and annulment over fifty years old which records shall be available for use by
genealogists and the general public. Such records shall not be subject to the amendment or
alteration provisions of this Chapter.

H. The state registrar of vital records shall provide a monthly report to each assessor
concerning the deaths which occurred in the state during the preceding calendar month, as
provided for in R.S. 47:1965.

*Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1; Acts 1990, No. 212, §1; Acts 2017, No. 137, §1.*

##### **§ 40:37** Local registrars; duties {#sec-40-37 omnilex-key=us-la-statutes--rs-title-40--40:37}

The state registrar shall designate an employee of the office of public health to serve as the local registrar in each parish health unit. The state registrar shall serve as local registrar in Orleans Parish. All local registrars shall be responsible for completion of incomplete birth certificates not properly returned to the preparer and shall enforce the provisions of this Chapter and regulations adopted thereunder.

*Acts 1991, No. 820, §1.*

##### **§ 40:38** Certified copies; issuance {#sec-40-38 omnilex-key=us-la-statutes--rs-title-40--40:38}

A certified copy of a vital record in the custody of the vital records registry shall be
issued in accordance with other provisions of law governing disclosure of records under this
Title and regulations duly promulgated in accordance with the Administrative Procedure Act.
Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1; Acts 2024, No. 257,
§1, eff. May 24, 2024.

##### **§ 40:39** Issuance of short-form birth certification cards {#sec-40-39 omnilex-key=us-la-statutes--rs-title-40--40:39}

A. The state registrar shall issue short form birth certification cards containing a true certification of name and birth facts as recorded on the original documents on file in the vital records registry, and for use as legal proof of the recorded facts of birth for all purposes.

B. Short-form birth certification cards and abstracts shall be issued only for those births registered with the central vital records registry within twelve years of the date of birth.

C. An applicant requesting the issuance of a "long-form" certified photocopy or certified record of the original birth record in lieu of the "short-form birth certificate card" may obtain it by submitting an application and appropriate fee.

*Acts 1979, No. 776, §1. Amended by Acts 1981, No. 657, §1; Acts 1990, No. 237, §1; Acts 1995, No. 722, §1, eff. June 21, 1995.*

##### **§ 40:39.1** Certified copies of birth certificates and death certificates; clerks of district courts and the Second City Court of the city of New Orleans; Vital Records Conversion Dedicated Fund Account {#sec-40-39.1 omnilex-key=us-la-statutes--rs-title-40--40:39.1}

A. The state registrar of vital records shall promulgate rules to implement the
issuance of certified copies of birth certificates and death certificates through the office of
the clerk of district court in each parish and the office of clerk of the Second City Court of
the city of New Orleans. Such rules shall apply only to issuance of those birth and death
records that are available for electronic issuance from the birth and death databases of the
vital records registry and shall include access to the following items:

(1) Automated access, retrieval, and production of short-form birth certificates, long-form birth certificates, and death certificates by the clerks of district courts and the clerk of
the Second City Court of the city of New Orleans using the data network available to the
secretary of state.

(2) Record searches to be conducted by the offices of the clerks of court.

(3) Sale of certified copies of birth and death certificates issued by the offices of the
clerks of court.

B.(1) The clerk of district court in each parish and the clerk of the Second City Court
of the city of New Orleans may issue certified copies of short-form birth certificate cards and
long-form birth certificates and death certificates in accordance with rules promulgated
pursuant to Subsection A of this Section. In addition to fees collected for issuance of a birth
record or death certificate as provided in R.S. 40:40, the clerk of court shall collect a fee of
five dollars for a short-form birth certificate and nineteen dollars for a long-form birth
certificate or a death certificate. A short-form birth certificate card may be purchased only
by an individual who also purchases a long-form birth certificate in the same transaction.

(2) Clerks shall pay to the state registrar such amounts as are required in R.S. 40:40.
In addition, four dollars for each long-form birth certificate or death certificate issued by each
clerk of court shall be remitted to the state treasurer on the tenth day of each month for
deposit in the state treasury. The funds deposited shall be credited to the Bond Security and
Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund
after a sufficient amount is allocated to pay all obligations secured by the full faith and credit
of the state which become due and payable in any fiscal year, the treasurer shall credit to the
Vital Records Conversion Dedicated Fund Account, hereby created, an amount equal to the
funds deposited under the provisions of this Section. Monies deposited into the Vital
Records Conversion Dedicated Fund Account shall be categorized as fees and self-generated
revenue for the sole purpose of reporting related to the executive budget, supporting
documents, and general appropriation bills and shall be available for annual appropriation
by the legislature.

(3) The monies held in the Vital Records Conversion Dedicated Fund Account shall
only be appropriated with the mutual consent of the secretary of state and the secretary of the
Louisiana Department of Health for the following purposes:

(a) For installation and establishment of a communications network and computer
hardware to provide for the electronic issuance of birth and death certificates.

(b) For maintenance of the communications network and related computer hardware.

(c) For conversion of existing birth and death records to a format suitable for
electronic issuance.

(4) All unexpended and unencumbered monies in the Vital Records Conversion
Dedicated Fund Account at the end of the fiscal year shall remain in the account. The
monies in the account shall be invested by the treasurer in the same manner as monies in the
state general fund. All interest earned on account monies invested by the treasurer shall be
deposited in the account.

(5) Notwithstanding any other provision of law to the contrary, in addition to fees
collected for issuance of a birth record or death certificate as provided in R.S. 40:40, and
Paragraph (1) of this Subsection, the clerks of district court in East Feliciana Parish and West
Feliciana Parish may charge an additional ten dollar fee for issuance of certified copies of
birth certificates and death certificates.

C. The clerks of district courts, the clerk of the Second City Court of the city of New
Orleans, and the secretary of state shall be subject to provisions of this Chapter governing
confidentiality of vital records information in the same manner provided for the state
registrar and provisions governing to whom a certified copy of a birth certificate or death
certificate may be issued. Any birth certificate or death certificate issued by the clerk of a
district court and the clerk of the Second City Court of the city of New Orleans shall be
accepted as an original record.

D. The state registrar shall promulgate the rules necessary for the implementation of
the provisions of this Section on or before January 1, 2015.

*Acts 1986, No. 798, §1; Acts 1999, No. 1277, §1; Acts 2014, No. 763, §2; Acts 2015, No. 251, §1; Acts 2016, No. 270, §1, eff. May 27, 2016; Acts 2016, No. 390, §1; Acts 2021, No. 114, §10, eff. July 1, 2022; Acts 2022, No. 271, §4.*

##### **§ 40:40** Fees for certified copies {#sec-40-40 omnilex-key=us-la-statutes--rs-title-40--40:40}

Fees for filing, searching, and furnishing copies of vital records shall be determined as follows:

(1) A fee of five dollars for the issuance of a short-form birth certification card.

(2) A fee of eleven dollars for the issuance of a certified photocopy or certified record of an original birth record, or "long-form" copy.

(3) A fee of nine dollars for the issuance of an initial certified copy of a death certificate sold to funeral directors, and a fee of seven dollars for all subsequent issuances of the same death certificate.

(4) A nonrefundable fee of eighteen dollars for filing a delayed certificate of birth or death.

(5) A fee of five dollars for each certified copy of a delayed certificate of birth or death.

(6) A fee of fifteen dollars for each marriage license and a fee of five dollars for each certified copy of a marriage certificate.

(7) Repealed by Acts 2003, No. 657, §2.

(8) A nonrefundable fee of eighteen dollars for filing an acknowledgment in connection with a certificate of birth on file.

(9) A nonrefundable fee of eighteen dollars for filing an adoption judgment in connection with a certificate of birth on file.

(10) A nonrefundable fee of eighteen dollars for filing of any correction of a birth or death certificate, except corrections that are initiated within ninety days of the filing date shall be made without charge.

(11) A fee of five dollars for each certified copy of a certificate after amendment by the filing of an acknowledgment, adoption, or correction.

(12) In the event that there is no record on file, the fee shall be retained to cover time consumed in searching for any record.

(13) Services provided to public bodies shall be subject to regulations duly promulgated in accordance with the Administrative Procedure Act.

(14) Notwithstanding the provisions of any other Paragraphs of this Section to the contrary, in no case shall a fee be charged for the first certified copy of a birth certificate mailed to the address of the parent shown on the newborn child's birth certificate. This certified copy shall be mailed as soon as practical after the birth certificate has been accepted for registration and numbering. Fees for subsequent certified copies of birth certificates shall be charged in accordance with other Paragraphs of this Section.

(15) A fee of ten dollars for each certified copy of an evidentiary document.

(16) A fee of ten dollars for each certified copy of a divorce certificate.

(17) A fee of ten dollars for issuance of a putative father registry certificate.

*Acts 1979, No. 776, §1. Amended by Acts 1982, No. 460, §1; Acts 1983, No. 477, §1, eff. Aug. 1, 1983; Acts 1985, No. 347, §1, eff. July 9, 1985; Acts 1986, No. 876, §1; Acts 1990, No. 237, §1; Acts 1992, No. 461, §1, eff. Sept. 1, 1992; Acts 1995, No. 1138, §1, eff. June 29, 1995; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2003, No. 657, §§1 and 2; Acts 2004, No. 26, §13.*

##### **§ 40:41** Disclosure of records {#sec-40-41 omnilex-key=us-la-statutes--rs-title-40--40:41}

A. All certificates in the custody of the state registrar are open to inspection, subject
to the provisions of this Chapter. No employee of the state shall disclose data contained in
vital records, except as authorized by this Chapter.

B.(1)(a) Disclosure of confidential birth information from which can be determined
whether the child was born of or outside of marriage may be made only upon order of the
court in any case where that information is necessary for the determination of personal or
property rights and then only for that purpose. Upon receiving an order from the court, the
vital records registrar shall file a copy of the birth certificate, marked for judicial purposes
only, under seal in the records of the clerk of court. The judge presiding over the matter may
review the birth certificate in chambers and may use the birth certificate within his discretion
during the course of the proceedings. No copies of the birth certificate shall be issued by the
court to the litigants in the proceeding. The birth certificate shall be destroyed at the
conclusion of the proceedings after all appeal delays have lapsed.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply in any case
where any member of law enforcement, United States attorney, attorney general, or district
attorney makes written request to the state registrar. Upon receipt of such written request,
the registrar shall make disclosure to any member of law enforcement, United States
attorney, attorney general, or district attorney requesting same, of the contents of birth
records in the registrar's custody.

(2)(a) Disclosure of confidential death certificate information may be made only
upon order of the court in any case where a judge orders that information is necessary for the
resolution of the proceeding and then only for that purpose. Upon receiving an order from
the court, the vital records registrar shall file a copy of the death certificate, marked for
judicial purposes only, under seal in the records of the clerk of court. The judge presiding
over the matter may review the death certificate in chambers and may use the death
certificate within his discretion during the course of the proceedings. No copies of the death
certificate shall be issued by the court to the litigants in the proceeding. The death certificate
shall be destroyed at the conclusion of the proceedings after all appeal delays have lapsed.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply in any case
where any member of law enforcement, United States attorney, attorney general, public
administrator, or district attorney makes a written request to the state registrar. Upon receipt
of such written request, the registrar shall make disclosure to any member of law
enforcement, United States attorney, attorney general, public administrator, or district
attorney requesting same, of the contents of the death certificate in the registrar's custody.

C.(1) The state registrar shall not permit inspection of the records or issue a
certificate, or any part thereof, unless he is satisfied that the applicant is any of the following:

(a) The person named in the certificate.

(b) A member of the immediate or surviving family of the person named in the
certificate.

(c) A person named in a court proceeding as a member of the immediate or surviving
family of the person named in the certificate.

(d) The beneficiary of an insurance policy or trust.

(e) A succession representative.

(f) A universal or general legatee in judgment of possession.

(g) Any beneficiary of a decedent's public pension plan.

(h) Any beneficiary of a decedent's individual retirement account or other private
retirement plan or pension.

(i) Any beneficiary of a decedent's financial institution accounts, including security
accounts, classified as a "payable on death account".

(j) An agent for the surety of the person named in the certificate when the person
named in the certificate is a party to a criminal bail bond. Proper documentation, including
a copy of the power of attorney, shall be required by the agent for the surety requesting the
certificate.

(2)(a) The credentials of an attorney, together with a written declaration of the record
in which the attorney is interested and a written declaration or oral statement that the attorney
is a legal representative of one of the named parties referenced in Paragraph (1) of this
Subsection, including parties under the age of eighteen, shall constitute sufficient proof of
a direct interest in the matter recorded. The state registrar shall accept and fulfill requests
for birth certificates upon submission of such a written declaration with a copy of the
credentials of the attorney, whether the request is submitted by the attorney or by a nonlawyer
employed or retained by or associated with that attorney.

(b) In addition to the provisions of Subparagraph (a) of this Paragraph, a written
declaration by the attorney that he is preparing a small succession pursuant to Code of Civil
Procedure Article 3431 et seq. for the deceased person whose death certificate is being
requested shall constitute sufficient proof of a direct interest in the matter recorded.

(3) The provisions of this Subsection shall not apply to marriage records.

(4) The provisions of this Subsection shall not apply to the release of birth rosters
to local city and parish supervisors of child welfare and attendance; however, such birth
information shall be kept confidential by the supervisors of child welfare and attendance and
not used for any purpose other than the enforcement of the compulsory school attendance
law.

(5) The state registrar shall issue a certified copy of a death certificate to a funeral
director acting at the request of the immediate or surviving family up to one year following
the date of death. Thereafter, the provisions of R.S. 40:41(C)(1) and (2) shall apply.

(6) The state registrar shall issue a certified copy of a death certificate to a notary if
the notary submits his credentials and declares in writing that he is assisting an heir of the
deceased in the preparation of a small succession in accordance with Code of Civil Procedure
Article 3431 et seq.

D.(1) In accordance with rules and regulations promulgated by the state health officer
to ensure that all identifying information is kept confidential, the data contained in vital
records may be made available to state judicial district courts to enable the courts to remove
deceased persons from the juror rolls, to the department for use in the administration of the
programs of the department, and to qualified researchers.

(2) A panel of public health officials which shall include the state health officer, the
state registrar, and the tumor registry administrator shall review each proposal for use of vital
records in the administration of the programs of the department or in research to ensure:

(a) That the proposal is in the best interest of the state or the public health of its
citizens, and

(b) That those persons having access to vital records are either involved in the
administration of the programs of the department or are well qualified to conduct research.

(3) Only those proposals which are certified by the panel as meeting these two
standards shall be approved by the panel to use confidential vital records.

E. The registrar shall make available for inspection and copying and shall forward
upon request copies of records of deaths to the Louisiana cancer registry program established
pursuant to R.S. 40:1105.1 et seq.

F. The federal agency responsible for national vital statistics may be furnished such
copies or data from the system of vital records as it may require for national statistics,
provided such federal agency shares in the cost of collecting, processing, and transmitting
such data, and provided further that such data shall not be used for other than statistical
purposes by the federal agency unless so authorized by the state registrar.

G. The state registrar may, by agreement, transmit copies of records and other reports
required by this Chapter to offices of vital statistics outside this state when such records or
other reports relate to residents of those jurisdictions or persons born in those jurisdictions.
The agreement shall require that the copies be used for statistical and administrative purposes
only and the agreement shall further provide for the retention and disposition of such copies.
Copies received by the vital records registry from offices of vital statistics in other states
shall be handled in the same manner as prescribed in this Section.

H. The state registrar shall, pursuant to rules and regulations promulgated by the
secretary of the Louisiana Department of Health, transmit information from the death
certificate of any state resident to each public agency from which the deceased received, or
could have received, benefits. The Department of Public Safety and Corrections shall be
notified of the death of each state resident. Such information shall be limited to the name
of the deceased, his address, the date of death, date of birth, and any other identifying
information which may be necessary for the public agency to identify the deceased as a
recipient of benefits.

I. The state registrar shall issue a certified copy of a birth or death certificate to any
public retirement system, fund, or plan in the state of Louisiana upon written request of the
respective retirement system for the following purposes:

(1) A certificate is required by the retirement system to determine if benefits are
owed by or to the retirement system.

(2) The immediate or surviving family has refused to provide such certificate and
refused to authorize the retirement system to request such certificate or if the birth or death
certificate provided appears to be altered or forged.

J.(1) Data contained in the vital records registry shall be made available upon written
request by the Louisiana Department of Health for review or use by the Louisiana
Department of Health in evaluating the effectiveness of departmental programs. The data
shall only be utilized for this specific purpose.

(2) Any Louisiana Department of Health employee using data that may contain
identifying information shall sign a statement ensuring confidentiality.

(3) Any identifying data shall be stripped from resulting databases as soon as the
need for it has expired.

(4) All data shall be destroyed or returned to the office of vital records by the
Louisiana Department of Health upon the finalization of the evaluation process.

K. Upon the written request of the Louisiana Office of Student Financial Assistance
in the case of a student loan guaranteed by the Student Financial Assistance Commission, or
the written request of the office of the attorney general when a student loan is being collected
by the office of the attorney general, the state registrar shall issue a certified copy of a death
certificate to the respective requesting office when the certificate is required by the office to
determine whether a student loan is eligible for discharge and the immediate or surviving
family has refused to provide such certificate, has refused to authorize the office to request
such certificate, or the death certificate provided appears to be altered or forged.

L.(1) Upon written request, the state registrar shall issue a certified copy of a death
certificate to a representative of an organ procurement organization designated for the state
of Louisiana by the United States Department of Health and Human Services, which presents
a document of a gift as defined in R.S. 17:2351 for the sole purpose of documenting donor
eligibility in accord with the United States Food and Drug Administration regulations and
industry standards.

(2) The written request of the organ procurement organization shall be transmitted
by telefax, electronic delivery, or by United States mail.

(3) The written request shall contain all of the following:

(a) The organization's name and citation to the United States Department of Health
and Human Services website or correspondence evidencing its designation as an organ
procurement organization for the state.

(b) The donor's name.

(c) The donor's date of birth.

(d) The donor's date of death.

(e) The requestor's name.

(f) The requestor's telephone number.

(g) The requestor's date of request.

(h) A request that the certified copy be transmitted by telefax, electronic delivery,
or by United States mail.

(4) The information required by Paragraph (2) of this Subsection, together with the
documentation of a donor's anatomical gift, shall constitute sufficient proof for the release
of the death certificate.

(5) If the organization's requested form of transmittal is by telefax or electronic
delivery, the death certificate shall be accompanied by the state registrar's verification that
the death certificate is a duplicate of the original, the date the copy of the death certificate
was issued by the state registrar's representative, along with his signature and title.

M.(1) For the purpose of determining the eligibility of a person to participate in
veterans' benefits, upon written request, the state registrar shall issue a certified copy of a
death certificate to a representative from the United States Department of Veterans Affairs.
The written request from the United States Department of Veterans Affairs, howsoever
transmitted, shall constitute sufficient proof for release of the certificate.

(2) The state registrar may submit data related to deaths of veterans directly to the
United States Department of Veterans Affairs for the purpose of determining the eligibility
of veterans benefits.

N. The state registrar shall issue the following records to the Department of Children
and Family Services upon the written request of an office of the department:

(1) A certified copy of a birth certificate of a child placed in the custody of the
Department of Children and Family Services.

(2) A certified copy of a death certificate of a child who was in the custody of the
Department of Children and Family Services at the time of his death.

(3) A certified copy of a death certificate of a parent of a child placed in the custody
of the Department of Children and Family Services.

*Acts 1979, No. 776, §1. Amended by Acts 1983, No. 437, §1; Acts 1984, No. 885, §1; Acts 1985, No. 811, §1, eff. July 22, 1985; Acts 1985, No. 625, §1; Acts 1986, No. 876, §1; Acts 1987, No. 360, §1; Acts 1990, No. 182, §1; Acts 1992, No. 166, §1, eff. July 1, 1992; Acts 1997, No. 369, §1, eff. June 20, 1997; Acts 2004, No. 26, §13; Acts 2004, No. 254, §1; Acts 2004, No. 355, §1; Acts 2007, No. 105, §1; Acts 2012, No. 372, §1; Acts 2016, No. 158, §1; Acts 2017, No. 7, §1; Acts 2018, No. 98, §1; Acts 2018, No. 99, §1; Acts 2018, No. 206, §4; Acts 2020, No. 69, §1, eff. June 5, 2020; Acts 2022, No. 612, §1; Acts 2022, No. 749, §1; Acts 2024, No. 257, §1, eff. May 24, 2024; Acts 2025, No. 55, §1.*

##### **§ 40:42** Evidentiary character of certificates {#sec-40-42 omnilex-key=us-la-statutes--rs-title-40--40:42}

A. Except for delayed or altered certificates, every original certificate on file in the vital records registry is prima facie evidence of the facts therein stated. The names of parents as entered on birth and death records shall not be deemed to be prima facie evidence of the existence of a marriage between the said parents.

B. Certified copies of original certificates shall be admitted as evidence under the same conditions as the original certificate. Upon service of a subpoena at least seven days in advance of the return date, the state registrar shall forward a certified copy of the subpoenaed document, by certified mail, to the clerk of court or other lawful authority who issued the subpoena. A personal return with the original document shall not be required unless the court or other lawful authority, for good cause shown, orders the production of the original by a personal return by the state registrar or his designee.

*Acts 1979, No. 776, §1. Amended by Acts 1981, No. 657, §1; Acts 1986, No. 876, §1; Acts 1986, No. 621, §2; Acts 1987, No. 341, §1.*

##### **§ 40:43** Repealed by Acts 1987, No. 886, §4, eff. Jan. 1, 1988. {#sec-40-43 omnilex-key=us-la-statutes--rs-title-40--40:43}

*Repealed by Acts 1987, No. 886, §4, eff. Jan. 1, 1988.*

##### **§ 40:44** Compulsory registration of births; rejection of certificates {#sec-40-44 omnilex-key=us-la-statutes--rs-title-40--40:44}

A.(1) A certificate of every childbirth shall be filed with the local registrar within fifteen days after birth in the parish in which the birth occurred or, at the direction of the state registrar, the certificate shall be filed directly with the central vital records registry. In the event that any information or signature required by this Chapter has not been obtained within the time allowed, the person responsible for preparing the certificate shall nevertheless file the certificate with such information and signatures as have been obtained and shall demonstrate that a reasonable effort has been made to obtain the missing information or signature. For the purposes of this Section, a request by certified mail to the last known address of the person or entity having the needed information or required to sign after an attempt to contact the person or entity by regular mail, telephone, or both, shall constitute reasonable effort.

(2) In the event that a signature other than the physician's signature has not been obtained, then the hospital shall also certify on a separate document that the information contained on the certificate accurately reflects the contents of the medical record. The state registrar or local registrar shall then sign the certificate in place of the missing signature.

B. No certificate shall be returned for completion which complies with this Section. No certificate which is otherwise accurate and legible shall be rejected for minor blemishes or aesthetic flaws, except that certificates which contain erasures, liquid paper, type-overs, or other evidence of alteration in the legal section shall not be accepted by the state registrar nor shall documents be accepted which are not machine readable due to information overlap with lines or text on the birth certificate form.

C. A certificate not in compliance with this Section or otherwise properly rejected shall be returned within fifteen days of receipt by the local registrar to the person charged by R.S. 40:45 with preparing it. That person shall, within fifteen days of receipt, obtain the missing information or signature or demonstrate that a reasonable effort has been made to obtain the missing information or signature.

*Acts 1991, No. 820, §1; Acts 1995, No. 617, §1, eff. June 18, 1995.*

##### **§ 40:45** Preparation of birth certificates; by whom made {#sec-40-45 omnilex-key=us-la-statutes--rs-title-40--40:45}

A. When a birth occurs in a hospital where prior arrangements for delivery had been made or in route thereto, the person in charge of the institution or his or her designated representative shall obtain, or make a reasonable effort, as defined in R.S. 40:44, to obtain the personal data, prepare the certificate, secure, or make a reasonable effort, as defined in R.S. 40:44, to secure the signatures required, and file the certificate as directed in R.S. 40:44. The physician or other person in attendance shall provide the medical information required by the certificate and certify to the facts of birth within seven days after the birth. If the physician, or other person in attendance, does not certify to the facts of birth within the seven day period, the person in charge of the hospital shall complete and sign the certificate.

B. For births occurring outside of hospitals, the certificate shall be prepared and filed by the physician, midwife, or other person in attendance at the birth, or, if not so attended, by one of the parents who shall file it with the local registrar. If neither of the parents of the newborn child, unattended by either physician or midwife, is able to prepare a birth certificate, the local registrar shall secure the necessary information from either of them or from any person having direct knowledge of the birth and prepare and file the certificate in accordance with duly promulgated regulation as provided in R.S. 40:33(C).

C. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. Such registration shall further comply with duly promulgated regulation as provided in R.S. 40:33(C).

D. Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within five days to the vital records registry the following information:

(1) The date and place of finding.

(2) The sex, race, and approximate birth date of child.

(3) The name and address of the person or institution with whom the child has been placed for care.

(4) The name given to the child by the custodian of the child; or

(5) The other data required by the state registrar through regulations.

E. The place where the child was found shall be entered as the place of birth.

F. A report registered under this Section shall constitute the certificate of birth for the child.

G. If the child is identified and a certificate of birth is later found or obtained, the report registered under this Section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 1991, No. 820, §1.*

##### **§ 40:46** Amendments to certificate of birth {#sec-40-46 omnilex-key=us-la-statutes--rs-title-40--40:46}

A. The state registrar of vital records is authorized to amend an original birth
certificate in accordance with Louisiana law.

B. Any change in the surname of a child from that required or allowed in R.S.
40:34.2 shall be made by court order as provided in R.S. 13:4751 through 4755 or as
otherwise provided in this Chapter or by rules promulgated thereunder.

*Acts 1979, No. 776, §1. Amended by Acts 1983, No. 624, §1; Acts 1986, No. 876, §1; Acts 2004, No. 26, §13; Acts 2012, No. 621, §1; Acts 2016, No. 434, §3.*

##### **§ 40:46.1** Amended birth certificates; change of biological filiation; general principle {#sec-40-46.1 omnilex-key=us-la-statutes--rs-title-40--40:46.1}

If the biological filiation of a child changes after a birth certificate has been prepared
for the child, the state registrar shall amend the birth certificate to reflect this change, in
accordance with R.S. 40:46.2 through 46.11.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.2** Change of maternal filiation; child with unidentified mother {#sec-40-46.2 omnilex-key=us-la-statutes--rs-title-40--40:46.2}

A. Following a final and definitive judgment of maternal filiation, rendered pursuant
to Civil Code Article 184, the effect of which is to recognize maternal filiation between a
woman and a child whose birth certificate did not identify the mother of the child, the state
registrar, upon receipt of a certified copy of that judgment, shall amend the birth certificate
as follows:

(1) For the surname of the child:

(a) If the adjudged mother was married to a man at the time of the birth of the child,
but was not married to another man within three hundred days prior to the birth of the child,
enter the surname of her husband.

(b) If the adjudged mother was not married to a man at the time of the birth of the
child, but was married to a man within three hundred days prior to the birth of the child, enter
the surname of her former husband.

(c) If the adjudged mother was married to one man at the time of the birth of the
child, but was married to another man within three hundred days prior to the birth of the
child, enter the surname of the latter.

(d) If the adjudged mother was married neither at nor within three hundred days prior
to the birth of the child, enter her maiden name or surname, at her discretion.

(2) For the name of the mother of the child, her date of birth, race, ethnicity,
residence, birthplace, and social security number, the number of children born to her, and the
number of children born to her living, enter those of the adjudged mother.

(3) For the name of the father of the child, his age, race, ethnicity, and residence,
birthplace, and social security number:

(a) If the adjudged mother was married to a man at the time of the birth of the child,
but was not married to another man within three hundred days prior to the birth of the child,
enter those of her husband.

(b) If the adjudged mother, though unmarried at the time of the birth of the child, was
married to a man within three hundred days prior to the birth of the child, enter those of her
former husband.

(c) If the adjudged mother was married to one man at the time of the birth of the
child, but was married to another man within three hundred days prior to the birth of the
child, enter those of the latter.

B. In any case to which the provisions of Paragraph (A)(1) of this Section apply, if
the man whose surname should be given to the child and the adjudged mother agree that the
surname of the child should be either the maiden name or surname of the mother or a
combination of his surname and her maiden name or surname, the state registrar shall enter
the surname upon which they have agreed.

C. Upon the petition of the mother of the child, a court may, for good cause shown,
order the state registrar to enter, as the surname of the child, the maiden name or surname of
the mother or a combination of the surname of the man whose surname should otherwise be
given to the child under Paragraph (A)(1) of this Section and the maiden name or surname
of the mother, whichever she may choose, even if that man does not concur.

*Acts 1997, No. 388, §1, eff. July 1, 1997; Acts 2016, No. 434, §3.*

##### **§ 40:46.3** Change of maternal filiation; child with identified mother {#sec-40-46.3 omnilex-key=us-la-statutes--rs-title-40--40:46.3}

A. Following a final and definitive judgment of maternal filiation, rendered pursuant
to Civil Code Article 184, the effect of which is to recognize maternal filiation between a
child and a woman other than the woman identified in the birth certificate as the mother of
the child, the state registrar, upon receipt of a certified copy of that judgment, shall amend
the birth certificate as follows:

(1) Strikethroughs:

(a) Strike through the surname of the child, the name of the mother of the child, and
all other information pertaining to the mother, in particular, her date of birth, race, ethnicity,
residence, birthplace, and social security number, the number of children born to her, and the
number of children born to her living.

(b) If the name of the father of the child or other information pertaining to him, in
particular, his age, race, ethnicity, residence, birthplace, and social security number, as it was
previously entered on the birth certificate, was that of the man who, by virtue of his marriage
to the woman previously identified in the birth certificate as the mother of the child, was
presumed to be the father of the child under Civil Code Article 185 or 186, the state registrar
shall strike through his name and his other information.

(2) Additions:

(a) For the surname of the child:

(i) If the adjudged mother was married to a man at the time of the birth of the child,
but was not married to another man within three hundred days prior to the birth of the child,
enter the surname of her husband.

(ii) If the adjudged mother, though unmarried at the time of the birth of the child,
was married to a man within three hundred days prior to the birth of the child, enter the
surname of her former husband.

(iii) If the adjudged mother was married to one man at the time of the birth of the
child, but was married to another man within three hundred days prior to the birth of the
child, enter the surname of the latter.

(iv) If the adjudged mother was married neither at nor within three hundred days
prior to the birth of the child, enter her maiden name or surname, at her discretion.

(b) For the name of the mother of the child, her date of birth, race, ethnicity,
residence, birthplace, and social security number, the number of children born to her, and the
number of children born to her living, enter those of the adjudged mother.

(c) For the name of the father of the child, his age, race, ethnicity, residence,
birthplace, and social security number:

(i) If the adjudged mother was married to a man at the time of the birth of the child,
but was not married to another man within three hundred days prior to the birth of the child,
enter those of her husband.

(ii) If the adjudged mother, though unmarried at the time of the birth of the child,
was married to a man within three hundred days prior to the birth of the child, enter those of
her former husband.

(iii) If the adjudged mother was married to one man at the time of the birth of the
child, but was married to another man within three hundred days prior to the birth of the
child, enter those of the latter.

B. In any case to which the provisions of Paragraph (A)(2) of this Section apply, if
the man whose surname should be given to the child and the adjudged mother agree that the
surname of the child should be either the maiden name or surname of the mother, the
surname of the man, or a combination of his surname and her maiden name or surname, the
state registrar shall enter the surname upon which they have agreed.

C. Upon the petition of the mother of the child, a court may, for good cause shown,
order the state registrar to enter, as the surname of the child, the maiden name or surname of
the mother or a combination of the surname of the man whose surname should otherwise be
given to the child under Paragraph (A)(2) of this Section and the maiden name or surname
of the mother, whichever she may choose, even if that man does not concur.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.4** Change of paternal filiation; disavowal of paternity or three-party acknowledgment {#sec-40-46.4 omnilex-key=us-la-statutes--rs-title-40--40:46.4}

A. If the surname of the child, the name of the father of the child, or other
information pertaining to the father as it was entered on the birth certificate was that of the
man who was presumed to be the father of the child under Civil Code Article 185, 186, or
195, and if the man or his successor obtains a final and definitive judgment disavowing
paternity of the child or the parties execute the three-party acknowledgment provided in Civil
Code Article 190.1, the state registrar, upon receipt of a certified copy of that judgment or
of the three-party acknowledgment and certified report of blood or tissue sampling which
indicates by a ninety-nine and nine-tenths percentage point threshold probability that the
biological father is the father of the child, shall amend the birth certificate as follows:

(1) Strikethroughs: Strike through the surname of the child, the name of the father
of the child, and all other information pertaining to him, in particular, his age, race, ethnicity,
residence, birthplace, and social security number.

(2) Additions:

(a) If the judgment of disavowal does not trigger the presumption of paternity
established in the first sentence of the second paragraph of Civil Code Article 186, the state
registrar shall amend the birth certificate as follows: for the surname of the child, enter the
maiden name or surname of the mother of the child, at her discretion.

(b) If the judgment of disavowal triggers the presumption of paternity established in
the first sentence of the second paragraph of Civil Code Article 186, the state registrar shall
amend the birth certificate as follows:

(i) For the surname of the child, enter either that of the second husband of the mother
of the child or, if both he and the mother agree, her maiden name or surname or a
combination of his surname and her maiden name or surname.

(ii) For the name of the father of the child, his age, race, ethnicity, residence,
birthplace, and social security number, enter those of the second husband of the mother.

(c) If the state registrar receives the three-party acknowledgment provided in R.S.
40:34.5.1, the state registrar shall amend the birth certificate as follows:

(i) For the surname of the child, enter the maiden name or surname of the mother,
at her discretion. However, if the biological father and the mother agree, the state registrar
shall enter as the surname of the child the maiden name or surname of the mother, the
surname of the biological father, or a combination of the surname of the biological father and
the maiden name or surname of the mother.

(ii) For the name of the father of the child, his race, ethnicity, residence, birthplace,
and social security number, enter those of the biological father.

B. Upon the petition of the mother of the child, a court may, for good cause shown,
order the state registrar to enter, as the surname of the child, the maiden name or surname of
the mother or a combination of the surname of the man whose surname should otherwise be
given to the child under Subparagraph (A)(2)(b) of this Section and the maiden name or
surname of the mother, whichever she may choose, even if that man does not concur.

*Acts 2016, No. 434, §3; Acts 2018, No. 21, §1, eff. May 7, 2018.*

##### **§ 40:46.5** Change of paternal filiation; contestation and establishment of paternity {#sec-40-46.5 omnilex-key=us-la-statutes--rs-title-40--40:46.5}

If the surname of the child, the name of the father of the child, or other information
pertaining to the father as it was entered on the birth certificate was that of the man who was
presumed to be the father of the child under Civil Code Article 185 or 186 and if the mother
of the child, after the birth certificate was prepared, obtains a final and definitive judgment
contesting and establishing paternity of the child, the state registrar, upon receipt of a
certified copy of that final and definitive judgment, shall amend the birth certificate as
follows:

(1) Strikethroughs: Strike through the surname of the child, the name of the father
of the child, and the other information pertaining to the father, in particular, his age, race,
ethnicity, residence, birthplace, and social security number.

(2) Additions:

(a) For the surname of the child, enter either that of the present husband of the
mother or, if both agree, her maiden name or surname or a combination of his surname and
her maiden name or surname.

(b) For the name of the father and his age, race, ethnicity, residence, birthplace, and
social security number, enter those of the present husband of the mother.

(c) Upon the petition of the mother of the child, a court may, for good cause shown,
order the state registrar to enter, as the surname of the child, the maiden name or surname of
the mother or a combination of the surname of the man whose surname should otherwise be
given to the child under Subparagraph (a) of this Paragraph and the maiden name or surname
of the mother, whichever she may choose, even if that man does not concur.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.6** Change of paternal filiation; marriage and formal acknowledgment {#sec-40-46.6 omnilex-key=us-la-statutes--rs-title-40--40:46.6}

Following the birth of a child, if Civil Code Article 195 applies, the state registrar,
upon receipt of (i) a certified copy of the certificate of the marriage of the mother of the
child, (ii) a certified copy of the act in which her husband formally acknowledged the child,
and (iii) if the mother did not sign the act of acknowledgment, her affidavit that she concurs
in this formal acknowledgment, shall amend the birth certificate as follows:

(1) Strikethroughs: If the mother and her husband have agreed that the surname of
the child should be changed and, in addition, have agreed that the new surname should be
either the maiden name or surname of the mother, the surname of her husband, or a
combination of his surname and her maiden name or surname, strike through the surname
of the child.

(2) Additions:

(a) If the mother and her husband have agreed that the surname of the child should
be changed and, in addition, have agreed that the new surname should be either the maiden
name or surname of the mother, the surname of her husband, or a combination of his
surname and her maiden name or surname, enter the surname upon which they have agreed.

(b) For the name of the father, his age, race, ethnicity, residence, birthplace, and
social security number, enter those of the husband of the mother.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.7** Change of paternal filiation; formal acknowledgment alone {#sec-40-46.7 omnilex-key=us-la-statutes--rs-title-40--40:46.7}

A. In a case to which Civil Code Article 196 applies, the state registrar, upon receipt
of (i) a certified copy of the act of formal acknowledgment and (ii) if the mother did not sign
the act of acknowledgment, her affidavit that she concurs in this formal acknowledgment,
shall amend the birth certificate as follows:

(1) Strikethroughs: If the mother and the man who made the acknowledgment have
agreed that the surname of the child should be changed and, in addition, have agreed that the
new surname should be either the maiden name or surname of the mother, the surname of
the man who made the acknowledgment, or a combination of his surname and her maiden
name or surname, strike through the surname of the child.

(2) Additions:

(a) If the mother and the man who made the acknowledgment have agreed that the
surname of the child should be changed and, in addition, have agreed that the new surname
should be either the maiden name or surname of the mother, the surname of the man who
made the acknowledgment, or a combination of his surname and her maiden name or
surname, enter the surname upon which they have agreed.

(b) For the name of the father and his age, race, ethnicity, residence, birthplace, and
social security number, enter those of the man who made the acknowledgment.

B. If, after a birth certificate has been amended pursuant to Subsection A of this
Section, the man who made the formal acknowledgment should revoke or annul it, the state
registrar, upon receipt of the form described in R.S. 9:406(A)(1)(a) or a final and definitive
judgment recognizing that a revocation or annulment has been accomplished, shall amend
the birth certificate as follows: strike through any information that was added to the birth
certificate and restore any information that was struck through when it was amended.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.8** Change of paternal filiation; judgment of paternity {#sec-40-46.8 omnilex-key=us-la-statutes--rs-title-40--40:46.8}

A. Following a final and definitive judgment of paternal filiation, rendered pursuant
to Civil Code Article 197 or 198, the effect of which is to establish paternal filiation between
a man and a child whose birth certificate did not identify the father of the child, the state
registrar, upon receipt of a certified copy of that judgment, shall amend the birth certificate
as follows:

(1) Strikethroughs: If the mother of the child and the adjudged father have agreed
that the surname of the child should be changed and, in addition, have agreed that the new
surname should be either the maiden name or surname of the mother, the surname of the
adjudged father, or a combination of his surname and her maiden name or surname, strike
through the surname of the child.

(2) Additions:

(a) If the mother of the child and the adjudged father have agreed that the surname
of the child should be changed and, in addition, have agreed that the new surname should be
either the maiden name or surname of the mother, the surname of the adjudged father, or a
combination of his surname and her maiden name or surname, enter the surname upon which
they have agreed.

(b) For the name of the father and his age, race, ethnicity, residence, birthplace, and
social security number, enter those of the adjudged father.

B. Following a final and definitive judgment of paternal filiation, rendered pursuant
to Civil Code Article 197 or 198, the effect of which is to establish paternal filiation between
a child and a man other than the man identified in the birth certificate as the father of the
child, the state registrar, upon receipt of a certified copy of the judgment, shall amend the
birth certificate as follows:

(1) Strikethroughs: If the mother of the child and the adjudged father have agreed
that the surname of the child should be changed and, in addition, have agreed that the new
surname should be either the maiden name or surname of the mother, the surname of the
adjudged father, or a combination of his surname and her maiden name or surname, and if
the man whom the birth certificate identified as the father of the child does not object, strike
through the surname of the child.

(2) Additions:

(a) If the mother of the child and the adjudged father have agreed that the surname
of the child should be changed and, in addition, have agreed that the new surname should be
either the maiden name or surname of the mother, the surname of the adjudged father, or a
combination of his surname and her maiden name or surname, and if the man whom the birth
certificate identified as the father of the child does not object, enter the surname upon which
they have agreed.

(b) For the name of the father and his age, race, ethnicity, residence, birthplace, and
social security number, enter above the existing entries those of the adjudged father.

(3) Upon the petition of the mother or the adjudged father of the child, a court may,
for good cause shown, order that the surname of the child as it appears on the birth certificate
be changed in conformity with this Section despite the objection of the man whom the birth
certificate identified as the father of the child.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.9** Repealed by Acts 2018, No. 21, §3, eff. May 7, 2018. {#sec-40-46.9 omnilex-key=us-la-statutes--rs-title-40--40:46.9}

*Repealed by Acts 2018, No. 21, §3, eff. May 7, 2018.*

##### **§ 40:46.10** Child born as a result of a surrogacy agreement {#sec-40-46.10 omnilex-key=us-la-statutes--rs-title-40--40:46.10}

A. In the case of a child born of a surrogate birth parent who is related by blood or
affinity to a biological parent, the biological parents, proven to be so by DNA testing, shall
be considered the parents of the child.

B. In the case of a child born of a surrogate birth parent who is related by blood or
affinity to a biological parent, the surname of the biological parents of the child shall be the
surname of the child.

C. In the case of a child born of a surrogate birth parent who is related by blood or
affinity to a biological parent, the birth certificate of the child shall be amended so that the
full name of the biological parent who is proven to be the father by DNA testing shall be
listed as the father.

D. In the case of a child born of a surrogate birth parent who is related by blood or
affinity to a biological parent, the birth certificate of the child shall be amended so that the
full name, including the maiden name and other surname, of the biological parent who is
proved to be the mother by DNA testing shall be listed as the mother, and the name of the
surrogate birth parent shall be struck through.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.11** Review by district attorney {#sec-40-46.11 omnilex-key=us-la-statutes--rs-title-40--40:46.11}

At the time at which the child requests the amendment of the existing birth certificate
under R.S. 40:46 et seq., the state registrar shall require an affidavit to be obtained from the
district attorney of the parish in which the child resides or is domiciled stating any objection
to the name change. If the district attorney does not object, the state registrar shall prepare
a new birth certificate for the major child. If there is an objection, the state registrar may not
proceed to prepare a new birth certificate until the district attorney's objection has been
resolved.

*Acts 2016, No. 434, §3.*

##### **§ 40:46.12** Hospital-based paternity program {#sec-40-46.12 omnilex-key=us-la-statutes--rs-title-40--40:46.12}

A. Any hospital in the state which provides birthing services shall have a program
that allows for the voluntary acknowledgment of paternity during the period immediately
before or after the birth of a child.

B. During the period immediately before or after the birth of a child to an unmarried
woman, a hospital-based program established in accordance with this Section shall, at a
minimum:

(1) Provide to both the mother and alleged father, if he is present in the hospital:

(a) Written materials about paternity establishment.

(b) The forms necessary to voluntarily acknowledge paternity.

(c) A written description of the rights, responsibilities, and alternatives as provided
in R.S. 9:392(A) which are involved in acknowledging paternity.

(d) The opportunity to speak with hospital personnel, either by telephone or in
person, who are trained to clarify information and answer questions about paternity
establishment.

(2) Provide the mother and alleged father, if he is present, the opportunity to
voluntarily acknowledge paternity in the hospital in accordance with the Civil Code and R.S.
9:392.

(3) Afford due process safeguards.

(4) Forward completed acknowledgments to the state registrar.

C. Hospital support personnel that provide birthing services shall possess notarial
powers to administer oaths to and authenticate signatures of any persons in connection with
execution of a formal acknowledgment of paternity in accordance with this Section. Any
oaths administered or signatures authenticated pursuant to this Section shall have the same
force and effect as if taken or signed before a duly commissioned notary public.

NOTE: Subsection (D) eff. until October 1, 2027. See Acts 2025, No. 477.

D. Hospital personnel shall forward an acknowledgment of paternity to the state
registrar who shall forward copies of same to the Department of Children and Family
Services, office of children and family services, child support enforcement section. A
statewide database shall be maintained by the Department of Children and Family Services
in accordance with federal regulations.

NOTE: Subsection (D) as amended by Acts 2025, No. 477, eff. October 1, 2027.

*D. Hospital personnel shall forward an acknowledgment of paternity to the state registrar who shall forward copies of same to the Department of Children and Family Services, office of child support. A statewide database shall be maintained by the Department of Children and Family Services in accordance with federal regulations.*

E. A voluntary acknowledgment executed in accordance with this Section shall be
signed by both parents and the parents' signatures shall be authenticated by a person
possessing notarial powers in accordance with state laws.

NOTE: Subsection (F)(introductory paragraph) eff. until October 1, 2027. See Acts 2025,
No. 477.

F. The Department of Children and Family Services, office of children and family
services, child support enforcement section shall provide to all birthing hospitals in the state:

NOTE: Subsection (F)(introductory paragraph) as amended by Acts 2025, No. 477, eff.
October 1, 2027.

*F. The Department of Children and Family Services, office of child support shall provide to all birthing hospitals in the state:*

(1) Written materials about paternity establishment.

(2) Forms necessary to voluntarily acknowledge paternity.

(3) Copies of a written description of the rights, responsibilities, and alternatives as
provided in R.S. 9:392(A) which are involved in acknowledging paternity.

(4) Training, guidance, and written instructions relative to voluntary
acknowledgment of paternity, as necessary to operate the hospital-based program.

(5) An assessment of each birthing hospital's program on at least an annual basis.

G. Except in the case of intentional misconduct, no hospital or any agent or
employee thereof shall be held civilly or criminally liable for any action or omission arising
out of the performance of, attempted performance of, or failure or inability to perform the
duties imposed herein.

*Acts 1995, No. 697, §1; Acts 1998, 1st Ex. Sess., No. 6, §2, eff. July 1, 1998; Acts 2001, No. 397, §1; Acts 2004, No. 26, §13; Acts 2012, No. 255, §6; Acts 2016, No. 434, §3; Acts 2025, No. 477, §12, eff. Oct. 1, 2027.*

##### **§ 40:46.13** Paternity establishment services {#sec-40-46.13 omnilex-key=us-la-statutes--rs-title-40--40:46.13}

The state registrar shall provide voluntary paternity establishment services in
accordance with regulations prescribed by the secretary of the United States Department of
Health and Human Services. The state registrar may designate specific employees in the
offices of the vital records registry who shall possess notarial powers to administer an oath
to any person in connection with any document required in the course of establishing
paternity.

*Acts 2016, No. 434, §3.*

##### **§ 40:47** Compulsory registration of deaths and spontaneous fetal deaths (stillbirths) {#sec-40-47 omnilex-key=us-la-statutes--rs-title-40--40:47}

A. A certificate of every death and every spontaneous fetal death except as noted in
R.S. 40:49(B)(9) shall be filed with a registrar within five days after its occurrence. If the
place of death or spontaneous fetal death is not known, the certificate shall be filed with the
state registrar within five days after the finding of the body. In any case, a certificate shall
be filed prior to interment, cremation, removal, or other disposition of the body. The place
where the body is found shall be known as the place of death. If the date of death is
unknown, it shall be determined by approximation.

B. When spontaneous fetal death, required to be reported by this Section, occurs
without medical attendance at or immediately after the delivery or when inquiry is required
by R.S. 40:34.10(19)(d) the coroner shall investigate the cause of death and shall prepare and
file the certificate within five days.

C. When a spontaneous fetal death occurs in a moving conveyance and the fetus is
first removed from the conveyance in this state or when a dead fetus is found in this state and
the place of fetal death is unknown, the fetal death shall be reported in this state. The place
where the fetus was first removed from the conveyance or the dead fetus was found shall be
considered the place of fetal death.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2014, No. 791, §14.*

##### **§ 40:48** Abortions (induced termination of pregnancy); birth and death certificates {#sec-40-48 omnilex-key=us-la-statutes--rs-title-40--40:48}

A. Whenever an abortion procedure results in a live birth, a birth
certificate shall be issued certifying the birth of said born human being even
though said human being may thereafter die. For the purposes of this Section
a human being is live born, or there is a live birth, whenever there is the
complete expulsion or extraction from its mother of a human embryo or fetus,
irrespective of the duration of pregnancy, which after such separation, breathes
or shows any other evidence of life such as beating of the heart, pulsation of
the umbilical cord, or movement of the voluntary muscles, whether or not the
umbilical cord has been cut or the placenta is attached. In the event death does
ensue after a short time, a death certificate shall be issued. Both the birth and
the death certificates shall be issued in accordance with the provisions of this
Part and of rules and regulations of the Louisiana Department of Health.

B. Each induced termination of pregnancy which occurs in this state
shall be reported to the vital records registry within fifteen days by the person
in charge of the institution in which the induced termination of pregnancy was
performed. If the induced termination of pregnancy was performed outside an
institution, the physician in attendance at or immediately after delivery shall
prepare and file the report.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.*

##### **§ 40:49** Preparation and filing of death and spontaneous fetal death certificate (stillbirth) {#sec-40-49 omnilex-key=us-la-statutes--rs-title-40--40:49}

A. The funeral director or person acting as such shall prepare and file the certificate of death or spontaneous fetal death or stillbirth provided for in R.S. 40:47.

B. In preparing a certificate of death or spontaneous fetal death or stillbirth, he shall:

(1) First obtain and enter on the certificate the personal data required by the state registrar from the person best qualified to supply such data.

(2) Except as provided in Paragraph (4) of this Subsection, if the death occurred with medical attendance, present the certificate of death to the physician last in attendance upon the deceased, who shall certify over his signature within twenty-four hours the cause of death to his best knowledge and belief; or, if the spontaneous fetal death occurred with any person in attendance, present the certificate of spontaneous fetal death to the physician, midwife, or other person in attendance at the spontaneous fetal death for the certification of the fact of spontaneous fetal death and such medical data pertaining to the spontaneous fetal death as the physician or midwife can furnish in his professional capacity.

(3) Except as provided in Paragraph (4) of this Subsection, if the death occurred without medical attendance, or if the physician or midwife or other person last in attendance at the death or spontaneous fetal death refuses or for any reason fails to sign the certificate, immediately notify the appropriate local registrar. The local registrar shall, prior to issuing a permit for burial, cremation, or other disposition of the body, inform the coroner, and refer the case to him for immediate investigation and certification of the information required under Paragraph (2) of this Subsection. Provided, however, that nothing in this Section shall be construed to require an investigation, autopsy or inquest in any case where death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination, and under such eventualities, the death certificate may be completed on the basis of information received from persons having knowledge of the facts.

(4) Whether the death or spontaneous fetal death occurred with or without medical attendance, if the circumstances of the case suggest that the death or spontaneous fetal death was caused by other than natural causes, the local registrar shall refer the case to the coroner or medical examiner for investigation and certification.

(5) When death occurs more than ten days after the decedent was last treated by a physician, the case shall be referred to the coroner for investigation to determine and certify the cause of death.

(6) When inquiry is required by the coroner, he shall determine the cause of death and shall complete and sign the medical certification within forty-eight hours after taking charge of the case.

(7) If the cause of death cannot be determined within forty-eight hours after death, the attending physician or coroner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the attending physician or coroner.

(8)(a) When a death is presumed to have occurred on a specific date and at a specific time and place within this state but the body cannot be located, a death certificate may be prepared by the state registrar upon receipt of an order of a Louisiana court of competent jurisdiction following a contradictory proceeding brought against the district attorney in the parish of the presumed place of death. The court shall require such clear and convincing proof as it deems necessary and in accordance with the provisions of Louisiana Civil Code Articles 54, 55, and 1957 and Louisiana Code of Evidence Articles 301 through 308 and, if applicable, in further accord with R.S. 9:1441-1443. The court's judgment shall include the finding of sufficient facts to complete the essential parts of the death certificate.

(b) A certified copy of the petition shall accompany a certified copy of the judgment presented to the state registrar, along with a fee of ten dollars for filing and preparation of the presumptive death certificate, plus a fee of five dollars for each certified copy of the presumptive death certificate after the original document has been completed and recorded in the vital records registry.

(c) Such a death certificate shall be clearly marked or stamped "presumptive" and shall show on its face the date of registration and shall identify the court and the date of decree.

(9) Each spontaneous fetal death of twenty complete weeks gestation or more, calculated from the date last normal menstrual period began to the date of delivery, or a weight of three hundred fifty grams or more, which occurs in this state shall be reported within five days after delivery to the vital records registry or as otherwise directed by the state registrar.

(10) When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the spontaneous fetal death (stillbirth) certificate.

(11) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined.

(12) The medical certification shall be completed, signed, and returned to the funeral director, if applicable, within twenty-four hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when a coroner's inquiry is required. In the absence of the physician or with his or her approval the certificate may be completed and signed by his or her associate physician, the chief medical officer of the institution in which death occurred, the physician who performed an autopsy upon the decedent, or the coroner, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 1987, No. 342, §1; Acts 2006, No. 192, §1; Acts 2010, No. 547, §1.*

##### **§ 40:50** Issuance of death certificates; duties of state registrar {#sec-40-50 omnilex-key=us-la-statutes--rs-title-40--40:50}

A. Notwithstanding any other provision of law to the contrary, the funeral director
or other person required by law to initiate a death certificate shall initiate such certificate in
original only, and shall file the original with a local registrar. The local registrar of each
parish shall retain this original in his office for a period of ten days from the date the
certificate is filed.

B. If no certified copy has been issued or if all certified copies issued have been
returned and destroyed by him, a local registrar, upon receipt of documentary evidence or
affidavit of the original informant, may make corrections on these certificates during this ten-day period, provided that no changes or corrections may be made as to the time of death or
cause of death.

C. A local registrar may issue certified copies of any death certificate during the
ten-day period it is retained by him, and the certification of the local registrar shall have the
same legal effect as certification by the state registrar, as otherwise provided by law. The
local registrar shall forward each death certificate to the state registrar on the tenth day after
the certificate is filed with him. Each month the state registrar shall notify each parish
registrar of voters as to the name, address, and age of each resident of that parish over
eighteen years of age for whom a death certificate has been received.

D. After preparation by the funeral director or other person required by law to initiate
a death certificate and issuance from the local registrar, the state registrar shall provide the
official death certificate to any applicant who meets the requirements of R.S. 40:41 within
ten business days after the state registrar has received the applicant's request for the death
certificate. The state registrar's provision of the death certificate to the applicant shall be
deemed timely when it has been mailed via the United States Postal Service, or with a
commercial mail service, with a timely commercial mail meter stamp or commercial mail
service certificate that is within the ten-business-day period. Any death certificate provided
to an applicant outside of the ten business days that is unable to be meter-stamped for United
States Postal Service mail delivery or certified for commercial mail service delivery during
the ten-business-day period due to events outside of the state registrar's control shall be
considered timely provided.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2022, No. 134, §1; Acts 2022, No. 271, §4.*

##### **§ 40:51** Delayed determination of cause of death {#sec-40-51 omnilex-key=us-la-statutes--rs-title-40--40:51}

If the cause of death cannot be determined within three days after death, the certification of the cause of death may be returned after the prescribed period, but the attending physician or coroner shall notify the local registrar of the parish in which the death occurred, in writing, of the reason for the delayed certification of the cause of death, in order that a permit for the disposition of the body may be issued.

*Acts 1979, No. 776, §1.*

##### **§ 40:52** Permit for removal, burial, cremation, or other disposition of body for a death in state; requirements to obtain death certificate before removing body out of the continental United States {#sec-40-52 omnilex-key=us-la-statutes--rs-title-40--40:52}

When a death or spontaneous fetal death (stillbirth) occurs in this state
or when a dead human body is found, the deceased, stillborn child, or dead
human body shall not be interred, deposited in a vault or tomb, removed from
the state, cremated, or otherwise disposed of until a burial transit permit has
been issued by a local registrar. However, a dead human body shall not be
removed from the continental United States until a burial transit permit has
been issued and a death certificate has been completed by the parish coroner
or a physician as required in R.S. 40:34.10(19).

*Acts 1979, No. 776, §1; Acts 2003, No. 657, §1.*

##### **§ 40:53** Foreign permits; death outside state {#sec-40-53 omnilex-key=us-la-statutes--rs-title-40--40:53}

When the death or spontaneous fetal death (stillbirth) occurred outside this state and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and the regulations in force at the place where the death or stillbirth occurred, the body may be transported into or through this state. However, before the interment, cremation, or other disposal of the body within the state, the out of state permit shall be endorsed by the local registrar. The local registrar shall keep an appropriate record of all such permits endorsed by him.

*Acts 1979, No. 776, §1.*

##### **§ 40:54** Prerequisites for permit {#sec-40-54 omnilex-key=us-la-statutes--rs-title-40--40:54}

A permit shall be issued for burial within the state, for interment in a
vault or tomb, for removal from the state, for scientific use, cremation, or other
disposition without the necessity of a completed death certificate. However,
no permit for the disposition by removal from the continental United States
shall be issued by a local registrar until a certificate of death or stillbirth, has
been completed by the parish coroner or a physician as required in R.S.
40:34.10(19), and has been filed with a local registrar. No permit may be
issued unless and until all the regulations of the Louisiana Department of
Health in respect to the issuance of the permit have been complied with. No
permit shall be issued which would be contrary to the sanitary laws of the
state.

*Acts 1979, No. 776, §1; Acts 2003, No. 657, §1.*

##### **§ 40:55** Marriage certificate; compulsory registration of marriages {#sec-40-55 omnilex-key=us-la-statutes--rs-title-40--40:55}

The marriage certificate is the record prepared for every marriage on a form approved by the state registrar. It shall contain the information prescribed. On the face of the certificate shall appear the certification to the fact of marriage, signed by the parties to the marriage and by the witnesses, and the signature and title of the officiant.

Every officiant of a marriage ceremony performed in this state shall sign a certificate of marriage in triplicate.

*Acts 1979, No. 776, §1.*

##### **§ 40:56** Repealed by Acts 1987, No. 886, §4, eff. Jan. 1, 1988. {#sec-40-56 omnilex-key=us-la-statutes--rs-title-40--40:56}

*Repealed by Acts 1987, No. 886, §4, eff. Jan. 1, 1988.*

##### **§ 40:57** Divorce certificate; registration of divorces and annulments {#sec-40-57 omnilex-key=us-la-statutes--rs-title-40--40:57}

For every divorce and every annulment of marriage decreed by any court, the clerk of the court shall prepare, within ten days after the decree becomes final, from the court records, a certificate of the decree on forms furnished by the state registrar.

On or before the fifteenth day of each calendar month, the clerk shall forward the certificates which were prepared by him during the preceding calendar month to the state registrar.

*Acts 1979, No. 776, §1.*

##### **§ 40:58** Fee of clerk of court for divorce and annulment report {#sec-40-58 omnilex-key=us-la-statutes--rs-title-40--40:58}

Every clerk of court acting under the previous Section shall receive a fee for each certificate prepared and forwarded by him to the state registrar. This fee shall be included and collected as court costs for the divorce or annulment.

*Acts 1979, No. 776, §1.*

##### **§ 40:59** Delayed or altered certificates; allowed subject to department regulations {#sec-40-59 omnilex-key=us-la-statutes--rs-title-40--40:59}

The acceptance for filing by the state registrar of any certificate more
than six months after the time prescribed for its filing and any alteration of any
certificate after it is filed with the state registrar is subject to regulations in
which the secretary of the Louisiana Department of Health shall prescribe in
detail the proofs to be submitted by any applicant for delayed filing or for an
alteration of a certificate. Notwithstanding regulations of the department
regarding the proofs necessary for the alteration of a certificate, the state
registrar shall permit alteration or correction of information supplied by the
informant with the exception of the name of the surviving spouse on a death
certificate within one year from the date of death. This shall not apply to
typographical errors in the name of the spouse. Other errors may be corrected
upon presentation of an affidavit stating the errant information and the
correction thereto and bearing the signature of the informant, or if unavailable
the signature of a member of the immediate family, unless the information was
taken from hospital or other records, in which case, an affidavit executed by
a member of immediate or surviving family of the deceased shall be sufficient.
After one year from the date of death, all alterations and corrections shall
comply with departmental regulations promulgated pursuant to this Section.

*Acts 1979, No. 776, §1; Acts 1987, No. 360, §1.*

##### **§ 40:60** Handling of delayed or altered certificate {#sec-40-60 omnilex-key=us-la-statutes--rs-title-40--40:60}

A.(1) Certificates accepted for filing more than six months after the
time prescribed for their filing and certificates, other than birth certificates,
which have been altered after being filed with the state registrar shall contain
the date of the delayed filing or the date of the alteration and be marked
distinctly "delayed" or "altered".

(2) All alterations of birth certificates shall be accomplished by
preparation of a new birth certificate on which the altered information is
entered. The new certificate shall have the original file number and be
annotated at the top of the document with the word "Amended". The original
birth certificate shall indicate such alterations by the interlinear method of
drawing a line through the old information and entering the new information.
The line shall not obscure the original information. Thereafter, the certificate
shall be distinctly marked "altered". Thereafter, when a verified certification
of birth is issued, it shall be based upon the new certificate, except when an
order of a court of competent jurisdiction shall require the issuance of a
verified transcript or certification based upon the original record of birth.

B. After a certificate has been accepted for delayed filing or after a
certificate on file has been altered, the state registrar shall note on the
certificate a summary statement of the evidence submitted in support of the
acceptance for delayed filing or the alteration, together with the alteration
made.

C. Evidence affecting delayed certificates or affecting the alteration of
a certificate after it has been filed with the state registrar shall be kept in a
special permanent file.

D. Upon receipt of a certified copy of an order of a court of competent
jurisdiction changing the name of a person born in this state and upon request
of such person or, if a minor, of both his parents, guardian, or legal
representative, the state registrar shall prepare a new birth certificate on which
the new information is entered and which shall have the original file number
and be annotated at the top of the document with the word "Amended". The
registrar shall then amend the certificate of birth to show the new name on the
original certificate as provided in rules and regulations promulgated by the
department.

E.(1) When an applicant does not submit the minimum documentation
required in the regulations for amending a vital record or when the state
registrar has reasonable cause to question the validity or adequacy of the
applicant's sworn statements or the documentary evidence, and if the
deficiencies are not corrected, the state registrar shall not amend the vital
record and shall advise that applicant of the reason for this action and shall
further advise the applicant of the right to seek a court order in a contradictory
proceeding against the state registrar of vital records brought in a Louisiana
court of competent jurisdiction at the domicile of the vital records registry.

(2) The petitioner's burden of proof in such proceedings shall be to
show by a preponderance of the evidence that the vital record on file with the
vital records registry is incorrect or contains inaccurate information and that
such vital record should be altered to show the correct or accurate information.

F. To protect the integrity of vital records and to prevent the fraudulent
use of birth certificates of deceased persons, the state registrar is hereby
authorized to match birth and death certificates, in accordance with written
standards promulgated by the secretary of the Louisiana Department of Health
to prove beyond a reasonable doubt the fact of death, and to stamp "deceased"
and date the appropriate birth certificate. Copies issued from birth certificates
marked deceased shall be similarly marked.

*Acts 1979, No. 776, §1. Acts 1983, No. 624, §1; Acts 1986, No. 876, §1; Acts 1991, No. 597, §1, eff. July 1, 1992.*

##### **§ 40:61** Penalties {#sec-40-61 omnilex-key=us-la-statutes--rs-title-40--40:61}

A. A fine of not more than ten thousand dollars or imprisonment of not more than five years, or both, shall be imposed on:

(1) Any person who willfully and knowingly makes any false statement in a certificate, record, or report required by this Chapter, or in an application for a certified copy of a vital record, or who willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof; or

(2) Any person who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required by this Chapter or a certified copy of such certificate, record, or report; or

(3) Any person who willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, or report required by this Chapter or certified copy thereof so made, counterfeited, altered, amended, or mutilated, or which is false in whole or in part or which relates to the birth of another person, whether living or deceased; or

(4) In addition to dismissal proceedings pursuant to state civil service regulations, any employee of the vital records registry or office of public health who willfully and knowingly furnishes or processes a certificate of birth or death, or certified copy of a certificate of birth or death, or discloses information contained in a certificate of birth or death, with the knowledge or intention that it be used for the purposes of deception.

(5) Any person who without lawful authority possesses any certificate, record, or report, required by this Chapter or a copy or certified copy of such certificate, record, or report knowing same to have been stolen or otherwise unlawfully obtained.

B. A fine of not more than one thousand dollars or imprisonment of not more than one year, or both, shall be imposed on:

(1) Any person who willfully and knowingly refuses to provide information required by this Chapter or regulations adopted hereunder; or

(2) Any person who willfully and knowingly transports or accepts for removal, interment, or other disposition a dead body without an accompanying permit as provided in this Chapter; or

(3) Any person who willfully and knowingly neglects or violates any of the provisions of this Chapter or refuses to perform any of the duties imposed upon him or her by this Chapter.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2004, No. 254, §1; Acts 2013, No. 220, §17, eff. June 11, 2013.*

##### **§ 40:61.1** Criminal background investigation {#sec-40-61.1 omnilex-key=us-la-statutes--rs-title-40--40:61.1}

A. The legislature hereby finds and declares that:

(1) It is the public policy of this state to protect all vital records from
improper handling, disclosure, and falsification.

(2) The alteration and falsification of vital records may contribute to
and foster the violation of certain illegal activities.

(3) It is in the public interest to ensure the security and integrity of all
vital records in this state.

B. No person shall be hired or promoted in the division of records and
statistics, office of public health, Louisiana Department of Health, until it is
determined whether such person has been convicted or pled nolo contendere
to a crime as defined by R.S. 14:7.

C. The Louisiana Department of Health through the division of records
and statistics, office of public health, and the Louisiana Bureau of Criminal
Identification and Information in the Department of Public Safety and
Corrections shall establish procedures necessary to implement the
requirements of this Section, which procedures shall provide the following:

(1) That the division of records and statistics shall receive a copy of
any criminal history information disclosed by the investigation.

(2) That the costs of providing the information required in this Section
shall be borne by the individual applicant in the case of persons seeking new
employment.

(3) That the request for information shall be made on a form prepared
by the Louisiana Bureau of Criminal Identification and Information and signed
by a designated officer of the Louisiana Department of Health. It must include
a statement signed by the person about whom the request is made which gives
his permission for such information to be released.

(4) That, upon receiving a request meeting the requirements of R.S.
40:61.1(C)(3), the bureau shall provide a report promptly and in writing, but
provide only such information as is necessary to specify whether or not that
person has been convicted of or pled nolo contendere to any such crime or
crimes as defined by R.S. 14:7, the crime or crimes therein of which he has
been convicted or to which he has pled nolo contendere, and the date or dates
on which they occurred.

(5) That division employees seeking promotion as well as persons
seeking employment in the division shall submit to a criminal investigation and
may be required to be fingerprinted to establish positive identification.

D.(1) Any division employee who has been convicted or pled nolo
contendere to a crime as defined by R.S. 14:7 may be subject to a personnel or
disciplinary action, including but not limited to transfer to an area outside of
the division or termination in accordance with civil service rules.

(2) Any person seeking employment in the division may be denied such
employment if such person has been convicted or pled nolo contendere to a
crime as defined by R.S. 14:7.

(3) Any division employee seeking promotion who refuses to submit
to a record check, including fingerprinting, may be subject to a personnel or
disciplinary action, including but not limited to transfer to an area outside of
the division or termination in accordance with civil service rules.

*Acts 1988, No. 699, §1.*

#### **PART II** BIRTH RECORD AFTER CHANGE IN SEX DESIGNATION

##### **§ 40:62** Issuance of new birth certificate after anatomical change of sex by surgery {#sec-40-62 omnilex-key=us-la-statutes--rs-title-40--40:62}

A. Any person born in Louisiana who has sustained sex reassignment or corrective surgery which has changed the anatomical structure of the sex of the individual to that of a sex other than that which appears on the original birth certificate of the individual, may petition a court of competent jurisdiction as provided in this Section to obtain a new certificate of birth.

B. Suits authorized by this Section shall be filed contradictorily against the state registrar in the judicial district court having jurisdiction over the parish in which the petitioner resides or over the parish in which the petitioner was born. A nonresident born in Louisiana shall file the petition in the parish of birth. The suit of any petitioner born in Louisiana shall be filed contradictorily against the state registrar. In the event the petitioner is married, the spouse shall also be a necessary party to the suit. To the extent that the petitioner's name is to be changed, the district attorney shall also be a necessary party. In all cases the petition shall be accompanied by a certified copy of the petitioner's original birth record, in which case the short-form birth certificate card shall not be sufficient.

C. The court shall require such proof as it deems necessary to be convinced that the petitioner was properly diagnosed as a transsexual or pseudo-hermaphrodite, that sex reassignment or corrective surgery has been properly performed upon the petitioner, and that as a result of such surgery and subsequent medical treatment the anatomical structure of the sex of the petitioner has been changed to a sex other than that which is stated on the original birth certificate of the petitioner.

If the court shall find that the evidence sustains the required proof, the court shall render a judgment ordering the issuance of a new birth certificate changing the sex designated thereon from that shown upon the petitioner's original certificate of birth. The petitioner may in the same suit seek to have the name of the petitioner changed, and the court may render judgment in accordance with law upon this additional petition at the same time.

D.(1) A certified copy of the petition and judgment for a new certificate pursuant to this Section shall be furnished to the state registrar of vital records at New Orleans within ten days after the judgment is rendered. The registrar shall issue to the petitioner a new certificate or certified copy thereof; whereupon the original birth certificate and the copy of the petition and judgment received by the registrar shall be sealed in a package and filed in the archives of the vital records registry.

(2) This sealed package shall be opened only upon demand of the individual to whom the new certificate was issued, and then only by order of the court which rendered the judgment ordering the issuance of the new certificate.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.*

##### **§ 40:62.1** Issuance of new birth certificate for child with mistaken sex designation on original birth record {#sec-40-62.1 omnilex-key=us-la-statutes--rs-title-40--40:62.1}

A. Where a child's sex designation and consequently the child's first or given name is erroneously recorded at the time of birth on an original birth certificate, the state registrar may prepare a new certificate with a proper sex designation and allow the child's first or given name to be changed when the parent or parents of the child, or in the absence of a parent, the person legally responsible for the child, requests a new birth certificate and presents competent medical evidence in the form of affidavits from two or more physicians certifying and establishing by medical diagnosis that the original erroneous sex designation was due to a hereditary genetic defect or hormone deficiency, including but not limited to congenital adrenal hyperplasia or a related condition, and not due to sexual reassignment or major corrective surgery as contemplated in R.S. 40:62.

B. Upon the issuance of a new birth certificate, the child's original birth certificate together with the affidavits and related evidence received by the state registrar shall be sealed in a package or envelope and filed in the archives of the vital records registry. This sealed package or envelope shall be opened only upon the demand of a parent, or other person legally responsible for the child in the absence of a parent, or the individual registrant, after emancipation or reaching the age of majority, and then only by order of a court of competent jurisdiction in the parish wherein the vital records registry is legally domiciled.

*Added by Acts 1981, No. 657, §1. Acts 1986, No. 876, §1.*

#### **PART III** ABORTIONS, DEATHS

##### **§ 40:63** Abortion, induced termination of pregnancy; purpose {#sec-40-63 omnilex-key=us-la-statutes--rs-title-40--40:63}

The purpose of this Part shall be the compilation of relevant maternal life and health factors and data concerning abortions which may be used in the improvement of maternal health and life. The further purpose and function of this Part shall be to serve as a monitor on all induced terminations of pregnancies performed in the state of Louisiana to assure that they are performed only in accordance with the provisions of law.

*Acts 1979, No. 776, §1.*

##### **§ 40:64** Forms for collection of data {#sec-40-64 omnilex-key=us-la-statutes--rs-title-40--40:64}

The state registrar shall prescribe forms for the collection of information and statistics
with respect to abortions. Such forms shall require, but not be limited to, the following
information:

(1) The age, marital status, and state and parish (county) of residence of the woman
who is aborted.

(2) The place where the abortion is performed.

(3) The full name and address of the physician or physicians performing the abortion.

(4) The age, marital status, and state and parish (county) of residence of the father,
if known.

(5) Medical reason for the abortion.

(6) Medical procedure employed to procure the abortion.

(7) The length of the aborted fetus.

(8) The weight of the aborted fetus.

(9) Other significant conditions of the fetus and mother.

(10) The results of pathological examinations of all aborted fetuses, as required by
R.S. 40:1061.13.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2018, No. 206, §4.*

##### **§ 40:65** Completion of forms; filing with vital records registry {#sec-40-65 omnilex-key=us-la-statutes--rs-title-40--40:65}

The information required by the form for which provision is made in R.S. 40:64 shall be completed by the physician or physicians performing the abortion in each case in which an abortion is performed. Such completed form shall be transmitted by the physician or physicians to the vital records registry within fifteen days of the performing of such abortion.

*Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1.*

##### **§ 40:66** Failure to complete form; penalty {#sec-40-66 omnilex-key=us-la-statutes--rs-title-40--40:66}

Failure to complete such form as required in R.S. 40:65 shall be a misdemeanor punishable by imprisonment for ninety days in jail or by a five hundred dollar fine, or both. Such failure to complete such form and to timely transmit same shall be admissible as evidence that the unreported abortion was illegal.

*Acts 1979, No. 776, §1.*

#### **PART IV** ESTABLISHMENT OF BIRTH RECORD

##### **§ 40:67** Persons over twelve years of age; establishment of birth record {#sec-40-67 omnilex-key=us-la-statutes--rs-title-40--40:67}

Any person born in Louisiana who is over twelve years of age and who has no birth record on file with the vital records registry may establish a birth record through the district courts of the various parishes of the state provided he cannot otherwise meet the requirements for obtaining a delayed birth registration.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.*

##### **§ 40:68** Petition {#sec-40-68 omnilex-key=us-la-statutes--rs-title-40--40:68}

The suit shall be filed contradictorily against the state registrar either in the parish of residence or the parish of birth. Persons born in Louisiana and residing outside the state must file suit in the parish of birth. The petition shall be accompanied by a letter from the vital records registry bearing the raised imprint of the seal of the state and the letter shall be made a part of the suit and shall state to the effect that the petitioner has no record on file.

*Acts 1979, No. 776, §1. Acts 1986, No. 876, §1.*

##### **§ 40:69** Proof required {#sec-40-69 omnilex-key=us-la-statutes--rs-title-40--40:69}

The court shall require such proof as it deems necessary to be convinced of the true birth facts of the petitioner such as full name of registrant at birth, birth date, city or town and parish of birth, sex, race, mother's maiden name and father's name, also parents' birth places. Persons who have had their names changed by court order prior to filing the suit to establish a delayed certificate of birth must file a certified copy of the judgment ordering the change of name together with the petition and the letter from the registration authority.

*Acts 1979, No. 776, §1.*

##### **§ 40:70** Copy of petition and judgment to registrar {#sec-40-70 omnilex-key=us-la-statutes--rs-title-40--40:70}

A certified copy of the petition and judgment for a delayed certificate of birth shall be furnished to the state registrar of vital records within ten days after the judgment is rendered.

*Acts 1979, No. 776, §1.*

##### **§ 40:71** Issuance of copy {#sec-40-71 omnilex-key=us-la-statutes--rs-title-40--40:71}

All certified copies of such delayed birth registration shall be issued by the state registrar.

*Acts 1979, No. 776, §1.*

#### **PART V** ADOPTIONS

##### **§ 40:72** Record of adoptions prior to July 27, 1938 {#sec-40-72 omnilex-key=us-la-statutes--rs-title-40--40:72}

When a person who was born in Louisiana and who was adopted prior to July 27, 1938, or when any person, who adopted prior to July 27, 1938, any person born in Louisiana, by observing the legal requirements for adoption in Louisiana existing at the time of the adoption, presents the original or a certified copy of the birth certificate of the adopted person and a certified copy of a final judgment decreeing the adoption or the notarial act of adoption, in accordance with the legal requirements existing on the date of the judgment or act of adoption, the state registrar shall make a record showing:

(1) The date of birth of the person adopted.

(2) The new name of the person adopted, if his name was changed in accordance with law; and

(3) The names and addresses of the adoptive parents and any other data about them that is available and adds to the completeness of the new certificate of the adopted person.

*Acts 1979, No. 776, §1.*

##### **§ 40:73** Certified copy of the new record; sealing and confidentiality of the original birth record; issuance of original birth certificate {#sec-40-73 omnilex-key=us-la-statutes--rs-title-40--40:73}

A. Upon completion of the new record provided for in R.S. 40:72, the state registrar
shall issue to the adopted person or to the adoptive parents a certified copy of the new record
and shall place the original birth certificate, the contact preference form submitted pursuant
to Subsection F of this Section, and the copy of the judgment or the copy of the act of
adoption in a sealed package and shall file the package in the archives of the vital records
registry.

B. This sealed package shall be opened only upon the demand of the adopted person,
or if deceased, by his or her descendants, or upon the demand of the adoptive parent, or the
state registrar, or the recognized public or private social agency which was a party to the
adoption, and then only as provided in Subsections E and F of this Section or by order of a
Louisiana court of competent jurisdiction at the domicile of the vital records registry, which
order shall issue only after a showing of compelling reasons. Information shall be revealed
only to the extent necessary to satisfy such compelling necessity.

C. In satisfying the requirement that information shall be revealed only to the extent
necessary to satisfy the compelling necessity shown, the court is further authorized to use the
services of the curator ad hoc appointment pursuant to Code of Civil Procedure Article
5091.2.

D. Except as provided in Subsection E of this Section, all motions for records under
this Section shall be in accordance with and subject to the provisions of Children's Code
Articles 1188 through 1192 and, if an adoption agency is involved, the agency shall be served
with a copy of the motion as provided in Code of Civil Procedure Article 1313.

E.(1) Notwithstanding any provision of the law to the contrary, an adopted person
who is twenty-four years of age or older may request an uncertified copy of his birth
certificate from the state registrar. Upon such a request, the registrar shall open the sealed
package and issue an uncertified copy of the original birth certificate to the adopted person.

(2) The uncertified copy of the original birth certificate shall be issued to the adopted
person in accordance with the regulations duly promulgated in accordance with the
Administrative Procedure Act for a certified copy of a vital record in the custody of the vital
records registry.

F.(1) A birth parent may at any time request from the state registrar a contact
preference form that shall accompany the adopted person's original birth certificate.

(2) The contact preference form shall provide the following information to be
completed at the option of the birth parent who shall indicate his intentions as follows:

(a) I would like to be contacted.

(b) I would prefer to be contacted only through an intermediary.

(c) I prefer not to be contacted at this time. If I decide later that I would like to be
contacted, I will submit an updated contact preference form to the state registrar.

(3) The contact preference form is a confidential communication from the birth
parent to the person named on the sealed birth certificate and shall be placed in the sealed
packet containing the original birth certificate. The contact preference form shall be released
to an adopted person when he requests his original birth certificate pursuant to Subsection
E of this Section.

*Acts 1992, No. 705, §2, eff. July 6, 1992; Acts 1993, No. 634, §4, eff. June 15, 1993; Acts 2022, No. 470, §2.*

##### **§ 40:74** Report of annulments of adoption {#sec-40-74 omnilex-key=us-la-statutes--rs-title-40--40:74}

The clerk of court shall prepare, within ten days after the decree becomes final, from the court records, a certificate of every decree of annulment of adoption on forms furnished by the state registrar. On or before the fifteenth day of each month, the clerk shall forward the certificates prepared by him during the preceding calendar month to the state registrar.

Upon receipt of a court order of annulment of an adoption registered in his office, the state registrar shall restore the original certificate to its original place in the files.

*Acts 1979, No. 776, §1.*

##### **§ 40:75** Adult adoption; name changes {#sec-40-75 omnilex-key=us-la-statutes--rs-title-40--40:75}

A. Adult adoptions and name changes resulting from the adoptions pursuant to R.S.
9:465 shall have no effect on birth certificates maintained by the vital records registry, except
that when a name change is effected pursuant to R.S. 9:465 and an affidavit is presented from
the district attorney of the parish or place of residence of the requesting party indicating that
there is no objection of the district attorney to the adoptee's name change along with a
certified copy of the notarial act of adoption and the appropriate fee, the registrar of vital
records shall prepare a new birth certificate to reflect the new name. If there is an objection
from the district attorney, the registrar of vital records shall not seal the adopted person's
birth certificate nor prepare a new certificate until the grounds for the objection have been
removed and confirmed by a supplemental affidavit from the district attorney.

B. In such cases, the validity and civil effects of the notarial act of adoption are in
no way affected and shall continue to be governed by the laws applicable thereto.

*Acts 1991, No. 630, §1; Acts 2016, No. 434, §3; Acts 2022, No. 271, §4.*

##### **§ 40:76** Record of foreign adoptions {#sec-40-76 omnilex-key=us-la-statutes--rs-title-40--40:76}

A. When a person born in Louisiana is adopted in a court of proper jurisdiction in any other state or territory of the United States, the state registrar may create a new record of birth in the archives upon presentation of a properly certified copy of the final decree of adoption or, if the case has been closed and the adoption decree has been sealed, upon the receipt of a certified statement from the record custodian attesting to the adoption decree.

B. The decree is considered properly certified when attested by the clerk of court in which it was rendered with the seal of the court annexed, if there is a court seal, together with a certificate of the presiding judge, chancellor, or magistrate to the effect that the attestation is in due form. The certified statement is considered proper when sworn to and having the seal of the foreign state or territory's record custodian.

C. Upon receipt of the certified copy of the decree, the state registrar shall make a new record in its archives, showing:

(1) The date and place of birth of the person adopted.

(2) The new name of the person adopted, if the name has been changed by the decree of adoption; and

(3) The names of the adoptive parents and any other data about them that is available and adds to the completeness of the certificate of the adopted child.

*Acts 1979, No. 776, §1; Acts 1990, No. 183, §1.*

##### **§ 40:77** Certified copy for adoptive parents; issuance of original birth certificate {#sec-40-77 omnilex-key=us-la-statutes--rs-title-40--40:77}

A. Upon completion of the new record as provided for in R.S. 40:76 with respect to
an adopted person who was born in Louisiana and adopted in another state, the state registrar
shall issue to the adoptive parents a certified copy of the new record and shall place the
original birth certificate, the contact preference form submitted pursuant to Subsection F of
this Section, and the copy of the decree and related documents in a sealed package and shall
file the package in its archives.

B. Except as provided in R.S. 40:74, this sealed package shall be opened only upon
the demand of the adopted person, or if deceased, by his or her descendants, or upon the
demand of the adoptive parent, or the state registrar, or the recognized public or private
social agency which was a party to the adoption, and then only as provided in Subsections
E and F of this Section or by order of a Louisiana court of competent jurisdiction at the
domicile of the vital records registry which court order shall issue only after a showing of
compelling reasons, and opened only to the extent necessary to satisfy such compelling
necessity.

C. In satisfying the requirement that information shall be revealed only to the extent
necessary to satisfy the compelling necessity shown, the court is further authorized to use the
services of the curator ad hoc appointed pursuant to Code of Civil Procedure Article 5091.2.

D. Except as provided in Subsection E of this Section, all motions for records under
this Section shall be in accordance with and subject to the provisions of Children's Code
Articles 1188 through 1192 and, if an adoption agency is involved, the agency shall be served
with a copy of the motion as provided in Code of Civil Procedure Article 1313.

E.(1) Notwithstanding any provision of the law to the contrary, an adopted person
who is twenty-four years of age or older may request an uncertified copy of his birth
certificate from the state registrar. Upon such a request, the registrar shall open the sealed
package and issue an uncertified copy of the original birth certificate to the adopted person.

(2) The uncertified copy of the original birth certificate shall be issued to the adopted
person in accordance with the regulations duly promulgated in accordance with the
Administrative Procedure Act for a certified copy of a vital record in the custody of the vital
records registry.

F.(1) A birth parent may at any time request from the state registrar a contact
preference form that shall accompany the adopted person's original birth certificate.

(2) The contact preference form shall provide the following information to be
completed at the option of the birth parent who shall indicate his intentions as follows:

(a) I would like to be contacted.

(b) I would prefer to be contacted only through an intermediary.

(c) I prefer not to be contacted at this time. If I decide later that I would like to be
contacted, I will submit an updated contact preference form to the state registrar.

(3) The contact preference form is a confidential communication from the birth
parent to the person named on the sealed birth certificate and shall be placed in the sealed
packet containing the original birth certificate. The contact preference form shall be released
to an adopted person when he requests his original birth certificate pursuant to Subsection
E of this Section.

*Acts 1979, No. 776, §1. Acts 1986, No. 876, §1; Acts 2020, No. 470, §2; Acts 2022, No. 470, §2.*

##### **§ 40:78** Retroactive operation {#sec-40-78 omnilex-key=us-la-statutes--rs-title-40--40:78}

The provisions of this Part relative to controlled access to sealed adoption records and R.S. 9:437 shall all apply to adoption decrees rendered at any time, prior to, as well as after, the effective date of this Chapter.

*Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.*

##### **§ 40:79** Record of adoption decree {#sec-40-79 omnilex-key=us-la-statutes--rs-title-40--40:79}

A.(1) Whenever a final decree of adoption shall be entered, the clerk of court shall
forward, on a form supplied by the Department of Children and Family Services, his
certificate of the decree to the state registrar who shall make a new certificate of live birth
of the person adopted, in the new name if the name has been changed in the decree.

(2)(a) If the child is adopted by a married couple, the names of both parties shall be
recorded as the parents, even if one of the petitioning parties dies prior to entry of the final
judgment of adoption. However, if the child is adopted by a step-parent who was married
to the legal parent of the child and the legal parent dies prior to the filing of the petition for
adoption, the names of both the deceased legal parent and the step-parent shall be recorded
on the child's birth certificate at the request of the step-parent.

(b) If the child is adopted by a single person, the word "adopted" may be written on
the new birth certificate if the adopting parent requests it, otherwise no such wording shall
be imprinted on the document and the name of the single adopting parent shall be recorded
on the new birth certificate.

(3) Upon request of an adopting parent of a child whose birth certificate has the word
"adopted" indicated thereon, the state registrar shall immediately reissue a birth certificate
which has no reference or other indication that the child was adopted.

(4) The state registrar shall seal and file the original certificate of birth with the
certificate of the decree and the contact preference form submitted pursuant to Subsection
F of this Section. This sealed package may be opened only on the order of a competent court
or as provided in Subsection E of this Section.

B. If no original record of birth is located in the files of the state registrar of vital
records, then unless the child is known to have been born out of the state of Louisiana, he
shall file a new certificate of birth in the adoptive name as evidence of the name of the child,
names of parents, birth date, and birthplace. The state registrar may require additional
documentary evidence necessary to establish the circumstances of birth.

C. A person born in a foreign country who is adopted in the state of Louisiana, but
who is not a United States citizen, or who is a naturalized United States citizen, and a person
born in a foreign country and adopted outside the United States by adoptive parents who are
residents of the state of Louisiana at the time of the adoption, may obtain a new birth
certificate according to the following conditions, limitations, and procedures:

(1) Where a certified copy of the original foreign birth certificate of the adopted
person, and, if the certificate is not in English, a certified verbatim translation of the
certificate are available, the state registrar, upon receipt of the certificate translation and a
certified copy of the order or decree of adoption, shall prepare a birth certificate in the new
name of the adopted person and shall seal and file the foreign certificate and order or decree
of adoption.

(2) Where the certified copy of the original birth certificate of the adopted person and
certified translation are not available, the court having jurisdiction of adoptions in the parish,
upon evidence presented by the Department of Children and Family Services from
information secured at the port of entry or upon evidence from other reliable sources, may
make findings on the date, place of birth, and parentage of the adopted person. Upon receipt
of a certified copy of such findings of the court, together with a certified copy of the order
or decree of adoption, the state registrar shall prepare a birth certificate in the new name of
the adopted person and shall seal and file the certified copy of the findings of the court and
the certified copy of the order or decree of adoption.

(3) A birth certificate issued pursuant to the provisions of this Subsection shall show
specifically the true or probable country, island, or continent of birth. Except as provided in
the following Paragraph, the birth certificate shall be annotated with the provision "not proof
of United States citizenship".

(4) Where a certified copy of a certificate of naturalization is received by the state
registrar together with the documents required by this Subsection, the date and number of the
certificate of naturalization shall be included in the birth certificate, and the birth certificate
shall be accepted by all state agencies as evidence of United States citizenship.

D. Except as provided in Subsections E and F of this Section, all motions for records
under this Section shall be in accordance with, and be subject to, the provisions of Children's
Code Articles 1188 through 1192, and, if an adoption agency is involved, the agency shall
be served with a copy of a motion as provided in Code of Civil Procedure Article 1313.

E.(1) Notwithstanding any provision of the law to the contrary, an adopted person
who is twenty-four years of age or older may request an uncertified copy of his birth
certificate from the state registrar. Upon such a request, the registrar shall open the sealed
package and issue an uncertified copy of the original birth certificate to the adopted person.

(2) The uncertified copy of the original birth certificate shall be issued to the adopted
person in accordance with the regulations duly promulgated in accordance with the
Administrative Procedure Act for a certified copy of a vital record in the custody of the vital
records registry.

F.(1) A birth parent may at any time request from the state registrar a contact
preference form that shall accompany the adopted person's original birth certificate.

(2) The contact preference form shall provide the following information to be
completed at the option of the birth parent who shall indicate his intentions as follows:

(a) I would like to be contacted.

(b) I would prefer to be contacted only through an intermediary.

(c) I prefer not to be contacted at this time. If I decide later that I would like to be
contacted, I will submit an updated contact preference form to the state registrar.

(3) The contact preference form is a confidential communication from the birth
parent to the person named on the sealed birth certificate and shall be placed in the sealed
packet containing the original birth certificate. The contact preference form shall be released
to an adopted person when he requests his original birth certificate pursuant to Subsection
E of this Section.

*Acts 1992, No. 705, §2, eff. July 6, 1992; Acts 1995, No. 395, §1; Acts 2017, No. 148, §1; Acts 2020, No. 470, §2; Acts 2022, No. 450, §2.*

#### **PART VI** CERTIFICATE OF STILLBIRTH

##### **§ 40:91** Title {#sec-40-91 omnilex-key=us-la-statutes--rs-title-40--40:91}

This Part may be known and referred to as the "Missing Angels Act".

*Acts 2003, No. 591, §1.*

##### **§ 40:92** Certificate of stillbirth; requirements {#sec-40-92 omnilex-key=us-la-statutes--rs-title-40--40:92}

A.(1) In addition to the requirements in R.S. 40:47 and 49, the state registrar shall
establish a certificate of stillbirth on a form approved by the state registrar for each
spontaneous fetal death which occurs in this state after twenty complete weeks of gestation
or more, calculated from the date the last normal menstrual period began to the date of
delivery, or a weight of three hundred fifty grams or more; and for each instance of
spontaneous fetal death when a parent of a stillborn child requests a certificate of stillbirth.

(2) The certificate established pursuant to this Section shall be provided by the vital
records registry upon the request of the parent or parents of a stillborn child.

B. The certificate of stillbirth shall be identified as a certificate of birth resulting in
stillbirth and shall contain the following information:

(1) The name of the child who shall be identified as deceased, or if the child is not
named, the preparer shall include the sex of the child who shall be identified as deceased.

(2) The date and location of the stillbirth.

(3) The name of the mother and the father if the father's name is available.

(4) The certificate of stillbirth shall clearly indicate that it is not proof of a live birth.

C. One copy of the certificate of birth resulting in stillbirth shall be provided by the
vital records registry at no cost upon request. Additional copies shall be subject to the same
fees as a certificate of live birth as provided in R.S. 40:40.

*Acts 2003, No. 591, §1; Acts 2019, No. 100, §1.*

#### **PART VII** GESTATIONAL CARRIER DATA COLLECTION

##### **§ 40:93** Gestational carrier data collection; purpose {#sec-40-93 omnilex-key=us-la-statutes--rs-title-40--40:93}

The purpose of this Part shall be the compilation of relevant maternal life and health
factors and data concerning gestational carriers to the extent that it is authorized by law.

*Acts 2016, No. 494, §4.*

##### **§ 40:94** Forms for collection of data {#sec-40-94 omnilex-key=us-la-statutes--rs-title-40--40:94}

The state registrar shall prescribe forms for the collection of information and statistics
with respect to enforceable gestational carrier contracts. Such forms shall require but not be
limited to the following information:

(1) The age, marital status, and state and parish of domicile of the gestational carrier.

(2) The parish in which the in utero embryo transfer took place.

(3) The full name and address of the physician or physicians performing or attending
to the following phases of the gestational carrier:

(a) In utero embryo transfer.

(b) Prenatal and postnatal care.

(c) Birth.

(d) Miscarriage.

(e) Induced abortion.

(4) The age, marital status, and state and parish of domicile of the intended parents.

(5) The medical reason necessitating the gestational carrier.

(6) The medical procedures employed in the birth, miscarriage, or termination of
pregnancy for medical emergency as provided by R.S. 40:1061.23.

(7) The length and weight of the child born as a result of gestational carrier.

(8) The length and weight of an unborn child miscarried after the initiation of a
gestational carrier.

(9) Other significant conditions or health complications of the unborn child and
gestational carrier.

(10) The results of pathological examinations of any unborn child who died as a
result of pregnancy complications or termination incidental to a gestational carrier.

*Acts 2016, No. 494, §4.*

##### **§ 40:95** Completion of forms; filing with vital records registry {#sec-40-95 omnilex-key=us-la-statutes--rs-title-40--40:95}

The physician performing the in utero embryo transfer or termination of the
pregnancy by birth, miscarriage, or abortion shall provide the information required by the
provisions of R.S. 40:94. Such completed forms shall be transmitted by the physician to the
vital records registry within fifteen days of the performance of the medical procedures and
shall be confidential.

*Acts 2016, No. 494, §4.*

##### **§ 40:96** Confidentiality {#sec-40-96 omnilex-key=us-la-statutes--rs-title-40--40:96}

The vital statistics records required by this Part and the identities of the parties to a
gestational carrier contract shall be confidential and shall not be subject to disclosure,
release, or inspection except upon application to a competent court and in conformity with
the applicable requirements of confidentiality applicable to adoptions in the Children's Code.
The reporting of the data for public health purposes shall redact any identifying information
and any public report shall indicate patient numbers as assigned pursuant to rules
promulgated by the Louisiana Department of Health.

*Acts 2016, No. 494, §4.*

##### **§ 40:97** Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992. {#sec-40-97 omnilex-key=us-la-statutes--rs-title-40--40:97}

*Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992.*

##### **§ 40:98** Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992. {#sec-40-98 omnilex-key=us-la-statutes--rs-title-40--40:98}

*Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992.*

##### **§ 40:99** Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992. {#sec-40-99 omnilex-key=us-la-statutes--rs-title-40--40:99}

*Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992.*

#### **PART VIII** COMMEMORATIVE CERTIFICATE OF MISCARRIED CHILD

##### **§ 40:101** Commemorative certificate of miscarried child; requirements {#sec-40-101 omnilex-key=us-la-statutes--rs-title-40--40:101}

A. The state registrar shall establish a commemorative certificate of miscarried child.
For the purposes of this Part, "miscarried child" means an unintentional, spontaneous fetal
demise occurring at or prior to the twentieth week of gestation during a pregnancy.

B.(1) A licensed healthcare practitioner who attends or diagnoses a miscarried child
or a licensed healthcare facility where the birth of a miscarried child occurs may advise a
patient who experiences a miscarried child that the patient may request a commemorative
certificate as provided for in this Section.

(2) The vital records registry shall provide on its website a form that may be
completed by a healthcare practitioner or his designee affirming that he attended or
diagnosed a patient who experienced a miscarried child.

C. Upon request of the patient and submission of a completed form provided for in
this Section, the vital records registry shall issue a commemorative certificate of miscarried
child. If requested, one copy of the commemorative certificate of miscarried child shall be
provided by the vital records registry at no cost. Additional copies shall be subject to the
same fees as a certificate of live birth as provided in R.S. 40:40.

D.(1) The commemorative certificate shall contain the name of the fetus and the
gender, if known. If the name is not furnished by the patient, the vital records registry may
complete the commemorative certificate with the name "Baby Boy" or "Baby Girl" and the
last name of the patient. If the gender of the fetus is unknown, the department shall fill in
the commemorative certificate with the name "Baby" and the last name of the patient.

(2) The front of the commemorative certificate shall include a disclaimer stating that
the commemorative certificate is not proof of a live birth.

E.(1) The vital records registry shall not register a birth associated with a
commemorative certificate issued pursuant to this Section nor use it to calculate live birth
statistics.

(2) A commemorative certificate is commemorative in nature and has no legal effect.

(3) A commemorative certificate issued according to this Section shall not be used
to establish, bring, or support a civil cause of action seeking damages against any person or
entity for bodily injury, personal injury, or wrongful death of a miscarried child.

*Acts 2023, No. 353, §1.*

### **CHAPTER 3** HOUSING AUTHORITIES AND SLUM CLEARANCE

#### **PART I** HOUSING AUTHORITIES LAW

#### **SUBPART A** PURPOSE, FORMATIONS, EXEMPTIONS, DEFINITIONS

##### **§ 40:381** Title {#sec-40-381 omnilex-key=us-la-statutes--rs-title-40--40:381}

This Part may be known and referred to as the "Louisiana Housing Authorities Law".

*Acts 1997, No. 1188, §1.*

##### **§ 40:381.1** Repealed by Acts 1997, No. 1188, §2. {#sec-40-381.1 omnilex-key=us-la-statutes--rs-title-40--40:381.1}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:382** Findings and purposes {#sec-40-382 omnilex-key=us-la-statutes--rs-title-40--40:382}

The legislature hereby finds, determines, and declares that:

(1) There exists within this state a shortage of residential housing that is decent, safe, and sanitary, situated in safe, livable neighborhoods, and affordable to persons of low and moderate income.

(2) Many persons and families throughout this state occupy inadequate, overcrowded, unsafe, or unsanitary residential housing because they are unable to locate and secure suitable housing at a price that they can reasonably afford. This circumstance has resulted in undue concentrations of impoverished populations in certain areas, increased rates of crime, deterioration in human health, and other family and social dysfunctions, thereby seriously and adversely affecting the public health, safety, and welfare of persons residing in this state.

(3) In addition to the lack of suitable, affordable housing, there persist in numerous areas of this state conditions of economic distress, accompanied by physical deterioration of public facilities and the commercial and residential infrastructure.

(4) It is the goal and policy of this state that all its residents shall have access to decent, safe, sanitary, and affordable housing in safe and livable neighborhoods and it is the policy of this state to assure the availability, for rental or sale, of decent, safe, and sanitary housing that is affordable to all persons residing in this state.

(5) It is further the goal and policy of this state that, to the maximum extent feasible, persons and families benefiting from activities authorized under this Chapter be encouraged to become economically self-sufficient.

(6) Achieving permanent improvement in the living standards of persons of low and moderate income may require, in addition to providing enhanced housing opportunities, the delivery of social, educational, and other supportive services and the operation of programs to develop self-sufficiency and to provide economic and employment opportunities and other benefits for persons assisted under this Chapter.

(7) Persons of low and moderate income possess inadequate access to sources of equity and financing for the purchase and ownership of housing at rates and upon terms reasonably affordable to such persons.

(8) The adverse conditions described above cannot be remedied, nor can the above stated goals and policies be successfully carried out, through the ordinary functioning of private enterprise alone. These objectives may be attainable, however, by diligent efforts of public agencies acting both alone and cooperatively with private sector entities and enterprises. The actions of public agencies so taken are, therefore, not competitive with private enterprise.

(9) The clearance, replanning, and reconstruction of areas in which housing is unsafe or unsanitary or in which neighborhoods are unsafe or unlivable; the provision of decent, safe, and sanitary housing that is affordable to persons of low and moderate income, including the development, leasing, or sale thereof, and the provision of supportive services and programs benefiting persons and families receiving housing assistance under this Chapter are public uses and purposes and essential governmental functions for which public funds may be spent and private property acquired. The character of any expenditures of public funds contemplated under this Chapter, as necessary and proper public expenditures for essential government functions, is not altered because such expenditures may be made to, or in connection with, the activities of private sector entities or enterprises, whether nonprofit or for profit in nature.

(10) The amount of funding for decent, safe, and sanitary housing that is affordable to persons of low and moderate income and for associated services to benefit such persons has not kept pace either with the growing demand for such housing and services or with the needs of local housing authorities to operate and maintain their facilities and programs. Since local housing authorities have not possessed the power to tax, it is necessary to ensure other adequate funding sources for their activities. Accordingly, this state must provide to its local housing authorities sufficient power to adequately address the housing needs of persons of low and moderate income within this state, and to operate related programs, with funding derived from public and private sources as well as the federal government.

(11) The purposes of this Chapter will best be carried out by affording to local housing authorities of this state the maximum amount of flexibility, responsibility, and discretion. Therefore, in carrying out the purposes of this Chapter, such authorities shall be presumed to possess broad powers and legal prerogatives which will enable them to carry out their purposes in any manner not prohibited by law.

(12) Improved sources of financing must be made available to local housing authorities, and by local housing authorities to the private sector of the economy, to enable such authorities and private enterprise to increase the production of new housing, and to conserve and preserve the supply of existing housing, that is affordable for rental or sale to persons of low and moderate income.

(13) This state and its public agencies should be involved to a significant degree in the provision of decent, safe, and sanitary, affordable housing for its residents within safe, livable neighborhoods. It is the policy of this state to cooperate and to encourage all of its public agencies to cooperate with local housing authorities in order to facilitate, to the maximum extent feasible, the planning, development, and operation of decent, safe, and sanitary housing that is affordable to persons of low and moderate income.

(14) Adverse social conditions and crime problems, including drug-related crime problems, exist within this state and in some local housing authority developments. All practicable steps should be taken to mitigate adverse social conditions and to lessen the effects of drug and crime problems on residents of local housing authority developments. Local housing authorities should possess the maximum power and authority to establish and implement policies, and to take all actions they deem appropriate, to mitigate adverse social conditions, and to eliminate drug and crime problems in their developments.

(15) While it is the goal of this state to provide access to decent, safe, sanitary, and affordable housing to all of its residents, the benefits of this Chapter are not a matter of right, but of privilege, and persons accepting assistance under this Chapter shall, by such acceptance thereof, recognize their responsibilities to the local housing authorities providing such assistance and to other persons living in their vicinity. Accordingly, local housing authorities shall be permitted to impose and enforce occupancy standards and requirements that are typical of those applicable in private dwellings.

*Acts 1950, No. 401, §2; Acts 1950, No. 482, §1. Amended by Acts 1960, No. 278, §§1, 2; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 1188, §1.*

##### **§ 40:383** Purposes {#sec-40-383 omnilex-key=us-la-statutes--rs-title-40--40:383}

The purposes of this Chapter are:

(1) To remedy the shortage of decent, safe, and sanitary housing affordable to persons of low and moderate income, to provide opportunities to secure such housing to all such persons, to preserve existing supplies of such housing, and to create, administer, and operate programs to increase and maintain access to decent, safe, and sanitary rental housing and home ownership, upon terms affordable to such persons.

(2) To encourage the development, redevelopment, rehabilitation, and preservation of safe, livable neighborhoods containing housing that is affordable to persons of low and moderate income, including mixed-use and mixed-income developments, and to reduce where feasible high residential concentrations of impoverished persons.

(3) In connection with the provision of affordable housing and related activities authorized under this Chapter, to eliminate or ameliorate conditions of blight and physical deterioration in public facilities and the commercial and residential infrastructure.

(4) To provide housing, rental, and other assistance to persons of low and moderate income, and assistance to properties and entities, in accordance with this Chapter, and, subject to standards and procedures adopted by the local housing authority, to authorize the provision by local housing authorities of supportive services and programs of every kind and description to advance the social, educational, and economic well-being and the economic and social self-sufficiency, of persons receiving housing assistance under this Chapter, so as to create wholesome living environments, eliminate long-term poverty, encourage gainful employment, develop social and economic self-sufficiency, including living independently of housing assistance, and enhance personal responsibility on the part of such persons.

(5) To increase intergovernmental cooperation and the use of consortia and intergovernmental partnerships for the development of affordable housing and suitable neighborhoods.

(6) To encourage the use of entrepreneurial methods and approaches and to stimulate and increase private sector initiatives and joint public-private sector initiatives by local housing authorities in carrying out the purposes and provisions of this Chapter.

(7) To increase the availability, from both public and private sector sources, of financing for the purchase of dwellings and the financing for home improvements, repairs, and rehabilitation at rates and upon terms that are affordable to persons of low or moderate income; further, to increase the availability of sources of equity and other financing for the development and operation by local housing authorities and private sector entities of decent, safe, and sanitary rental housing that is affordable to persons of low and moderate income.

(8) In carrying out the foregoing purposes, to vest in local housing authorities the maximum feasible responsibility, authority, and discretion. Except where clearly prohibited by applicable law, such authorities shall also possess the powers and legal prerogatives of private sector entities.

*Acts 1997, No. 1188, §1.*

##### **§ 40:384** Definitions {#sec-40-384 omnilex-key=us-la-statutes--rs-title-40--40:384}

The following terms, wherever used or referred to in this Part, have the following respective meanings, unless otherwise provided in this Part or unless a different meaning clearly appears from the context:

(1) "Affiliate" means any corporation, entity, partnership, venture, syndicate, or arrangement in which a local housing authority has an ownership or governance interest of less than a majority.

(2) "Affordable housing" means dwelling units that may be rented or purchased, as the case may be, by persons of eligible income as defined herein with or without government assistance.

(3) "Arrangement" means a legal relationship with another party that may include but shall not be limited to a general or limited partnership; joint venture; syndicate or syndication; corporation; limited liability company; corporation or partnership; an unincorporated association; a cooperative; a consortium; and all other structures, organizations, and forms of legal relationships with third parties.

(4) "Area of operation" means the geographical area within which a local housing authority may own or operate housing developments as more particularly set forth in R.S. 40:396.

(5) "Municipality" means and includes any political subdivision of this state known as a city, town, or village which is an incorporated unit of general local government.

(6) "Parish" means and includes any political subdivision of this state known as a parish, which is a unit of general local government.

(7) "Commissioner" means a person serving on the governing board of a local housing authority, including any person identified under prior law as a "member" of a housing authority.

(8) "Community facility" means real and personal property suitable for recreational, educational, health, or welfare purposes, including but not limited to buildings, equipment, and parks and other spaces or structures.

(9) "Development" or "housing development" means and includes all dwellings and associated appurtenances, including real and personal property, and all other facilities and improvements of every kind and description which a local housing authority may own or operate or in which it may hold an interest under this Chapter; all land upon which such dwellings, appurtenances, and facilities are situated; all work and activities undertaken by a local housing authority or others relating to the creation of such property; all tangible and intangible personal property relating thereto, including all leases, licenses, agreements, and other instruments and all rights and obligations arising thereunder, establishing or confirming ownership, title, or right of use or possession in or to any such property by a local housing authority, all as more particularly described and authorized in this Chapter.

(10) "Establishing a housing authority" means taking all actions required under R.S. 40:392 or 411 to be taken by the governing body of a municipality or parish, or in the case of a regional or consolidated housing authority by the governing bodies of all political subdivisions participating therein, for a housing authority to conduct business and to exercise its powers. In the case of a housing authority existing on August 15, 1997, "established" means that such authority has been authorized to conduct business and exercise its powers in accordance with prior law.

(11) "Family" means two or more persons that includes a husband or father and/or wife or mother and/or one or more children, that a local housing authority accepts for occupancy of a dwelling or to which such authority offers or provides other assistance, as particularly defined in the eligibility and occupancy standards adopted by the authority. For the limited purposes of any reference to the term family or household in this Part, such terms shall also include a person who is elderly, a person with a disability, and any other person who may be unmarried or without children.

(12) "Guest" means any person, not a resident of such development, who is present within a development, or any person, not a resident in a dwelling, who is present within such dwelling in a development, as an invitee of or otherwise with the acquiescence or consent of a resident of such development or dwelling, as the case may be.

(13) "Hold an interest" means ownership or control of or participation in an arrangement with respect to a development by a local housing authority or any affiliate thereof.

(14) "Household" means a family as defined in Paragraph (11) of this Section.

(15) "Housing authority" or "authority" means and includes both a local housing authority established pursuant to R.S. 40:391 or 392 and a regional or consolidated housing authority established pursuant to R.S. 40:411. Wherever the context requires or permits, this term shall be deemed to include a subsidiary of a housing authority.

(16) "Local housing authority" or "authority" means a public body, corporate and politic, previously established, or to be established, by a municipality or a parish pursuant to the authority provided in this Chapter, exercising necessary and essential governmental functions for the purposes stated in this Chapter in matters of statewide concern, although its operations are local in nature. It is a political subdivision of this state, independent from the municipality or parish which established or establishes it or which may appoint some or all of its commissioners, and is not a state agency for any purpose, including R.S. 42:421(B). Any reference in this Chapter to a local housing authority shall also be deemed to include a "housing authority" or a "regional or consolidated housing authority" unless the context clearly otherwise requires. "Local housing authority" also includes any housing authority established under prior law.

(17) "Mixed finance development" means a development that is financed both by funding derived from the private sector and funding provided by the federal government that is permitted to be used for the development of affordable housing.

(18) "Mixed income development" means a housing development intended to be and which in fact is occupied both by persons of eligible income and by persons other than those of eligible income.

(19) "Mixed use development" means a development that includes both residential and non-residential uses.

(20) "Person" shall include a family and, where the context so requires, a household.

(21) "Persons of eligible income" means:

(a) With respect to state or federally funded activities or developments, individuals or families who meet the applicable income requirements of the state or federal program involved, if any such state or federal income requirements are applicable, and, if none are so applicable, then individuals or families who meet the requirements of Subparagraph (b) of this Paragraph.

(b) With respect to activities and developments other than those to which Subparagraph (a) of this Paragraph is applicable, individuals or families who, in the determination of the local housing authority, lack sufficient income or assets, taking into account all resources available to such individuals or families from whatever source derived or reasonably derivable, to enable them, without undue hardship or governmental financial assistance, to purchase or rent, as the case may be, decent, safe, and sanitary dwellings of adequate size.

(c) Whenever any provision of Part I, II, or III of this Chapter refers to persons of eligible income with specific reference to this Subparagraph, "persons of eligible income" includes not only the persons described in Subparagraph (b) of this Paragraph, but also individuals and families whose income does not exceed one hundred fifty percent of the maximum income standard applicable under Subparagraph (b) of this Paragraph.

(22) "Public agency" means and includes:

(a) Any parish; municipality; school, drainage, tax improvement or other district; local housing authority; department, division, or political subdivision of this state or another state; housing authority, housing finance agency, or housing trust of this state or another state; and any other agency, bureau, office, authority, or instrumentality of this state or another state.

(b) Any board, agency, commission, division, or other instrumentality of a municipality or parish.

(c) Any board, commission, agency, department, or other instrumentality of the United States, or any political subdivision or governmental unit of any of them.

(23) "Regional housing authority" or "consolidated housing authority", as the case may be, means a public body, corporate and politic, and a governmental subdivision of this state, formed by two or more parishes pursuant to the authority provided in R.S. 40:411(A), or by two or more municipalities pursuant to the authority in R.S. 40:411(B), exercising necessary and essential governmental functions for the purposes stated in this Chapter in matters of statewide concern, although its operations are local or regional in nature. It is a political subdivision of this state, independent from political subdivisions of this state which established it or which may appoint some or all of its commissioners.

(24) "Representative" means a commissioner, officer, employee, or agent of a local housing authority.

(25) "Resident" means a person residing in a development of a housing authority, with the consent of such authority, according to its policies, rules, and procedures.

(26) "State" means the state of Louisiana and its duly constituted government.

(27) "Subsidiary" means any corporation, entity, partnership, venture, syndicate, or arrangement in which a local housing authority shall participate by holding an ownership interest or participating in its governance, in which commissioners, officers, employees, and agents of such authority constitute a majority of the governing body of such entity.

(28) "Criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and records of convictions and any disposition arising therefrom, including sentencing, correctional supervision, and release, but does not include information collected for intelligence or investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.

*Acts 1997, No. 1188, §1; Acts 2003, No. 1083, §2, eff. July 2, 2003; Acts 2009, No. 128, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:385** Benefits not a right {#sec-40-385 omnilex-key=us-la-statutes--rs-title-40--40:385}

No person shall have any claim or entitlement to enjoyment of any benefit conferred by this Chapter, including but not limited to any tenancy in any development, as a matter of right. All benefits conferred shall be pursuant to the conditions and qualifications established by this Chapter and by the rules and regulations of the local housing authority administering it. Further, the benefits of this Chapter are necessarily limited by the resources available to each local housing authority of this state. Consequently, all persons who might otherwise be eligible may not receive a benefit. Further, those receiving benefits may receive the same only on a temporary basis or for a limited period of time.

*Acts 1997, No. 1188, §1.*

#### **SUBPART B** GENERAL PROVISIONS; MUNICIPAL AND PARISH HOUSING AUTHORITIES

##### **§ 40:391** Establishment of local housing authorities {#sec-40-391 omnilex-key=us-la-statutes--rs-title-40--40:391}

A. Any local housing authority established under any prior law relating to housing authorities or local housing authorities and in existence on August 15, 1997 shall have continued existence under this Chapter, shall have all the powers conferred by this Chapter and existing under law immediately prior to August 15, 1997, and shall continue to own its property and conduct its operations consistent with this Chapter.

B. All commissioners of such authority and all officers, legal counsel, technical experts, directors, and other appointees or employees of such authority holding office or employment on August 15, 1997 by virtue of any such prior law shall be deemed to have been appointed or employed under this Chapter.

*Amended by Acts 1950, No. 401, §3; Acts 1997, No. 1188, §1.*

##### **§ 40:392** Establishment of authorities {#sec-40-392 omnilex-key=us-la-statutes--rs-title-40--40:392}

A. In each municipality and parish of this state which has not previously established such an authority, there is hereby created a local housing authority. However, such authority shall not be deemed to be established under this Chapter, nor shall it be authorized to conduct any business or exercise any of its powers, unless and until the governing body of the municipality or parish declares by resolution that a need exists for such a local housing authority to function in such municipality or parish and finds that there exists a shortage of decent, safe, and sanitary dwelling accommodations in such municipality or parish or that such accommodations are not available and affordable to all residents regardless of income.

B. The Houma Housing Authority is hereby abolished and the Houma-Terrebonne Housing Authority is hereby created and established as the successor to the Houma Housing Authority. The Houma-Terrebonne Housing Authority shall be governed as provided by this Chapter and shall have all of the powers, functions, and duties of a housing authority as provided in this Chapter or any other provision of law. It shall exercise such powers, functions, and duties throughout Terrebonne Parish including within the corporate limits of Houma and of any municipality incorporated in the future.

*Acts 1997, No. 1188, §1; Acts 2001, No. 80, §1, eff. May 24, 2001.*

##### **§ 40:393** Resolution of governing body {#sec-40-393 omnilex-key=us-la-statutes--rs-title-40--40:393}

In order for a municipality or parish to establish a local housing authority which may conduct business and exercise its powers, the governing body of such municipality or parish desiring to establish such authority shall adopt a resolution declaring, in substance, that there is a need for a local housing authority in said municipality or parish because there exists a shortage of decent, safe, and sanitary housing in the municipality or parish or that such housing is not affordable to all residents thereof, regardless of income. No further action or findings shall be necessary. Upon the adoption of the resolution, the local housing authority shall be established and shall have perpetual existence unless dissolved in accordance with law.

*Amended by Acts 1950, No. 401, §4; Acts 1997, No. 1188, §1.*

##### **§ 40:394** Adoption of a legal name {#sec-40-394 omnilex-key=us-la-statutes--rs-title-40--40:394}

Each local housing authority established pursuant to this Chapter, within or together with the resolution required under R.S. 40:393, shall adopt a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the authority and such other name or identifier as the governing body establishing the authority shall determine. A local housing authority established under prior law may adopt a name consistent with the foregoing requirements by resolution adopted by at least two-thirds of such authority's entire board of commissioners and approved by the governing body of the municipality or parish which established such authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:395** Evidence of establishment of local housing authority {#sec-40-395 omnilex-key=us-la-statutes--rs-title-40--40:395}

A copy of the resolution establishing a local housing authority, duly certified, shall, in any circumstance in which such evidence may be required, serve as conclusive evidence that such authority has been properly established and is authorized to transact business and exercise its powers under this Chapter.

*Acts 1997, No. 1188, §1.*

##### **§ 40:396** Area of operation of local housing authority established by municipality {#sec-40-396 omnilex-key=us-la-statutes--rs-title-40--40:396}

A. In the case of a local housing authority established by a municipality, the authority's area of operation shall be the municipality and the area within ten miles from the territorial boundaries thereof. Depending upon the geographical location of the municipality, such area of operation may include portions of one or more parishes. It may also include areas lying within the territorial boundaries of municipalities outside the municipality establishing the local housing authority. In order to resolve territorial conflicts, the following rules shall apply:

(1) In the case of the local housing authority's home parish, it may operate outside of the area described in this Section in the unincorporated areas of the home parish only with the permission of the governing authority.

(2) In the case of incorporated areas of the home parish, the local housing authority may operate within the territorial boundaries thereof only by consent of such other municipality and its local housing authority, if any.

(3) In the case of unincorporated portions of parishes other than the local housing authority's home parish, it may operate only with the consent of the governing body of the parish, regardless of whether the other parish has established a local housing authority.

(4) In the case of incorporated areas within other parishes, it may operate only with the consent of the governing body of any municipality incorporating such areas, and, if the other municipality has also established its own local housing authority, also with the consent of the other local housing authority.

(5) Notwithstanding any other provision of this Section, a local housing authority may, subject to the limitations stated in R.S. 40:449, provide rental assistance to persons residing outside the authority's area of operation as defined in this Section.

B. For purposes of this Section, "home parish" means the parish in which the municipality establishing the local housing authority is situated.

*Amended by Acts 1950, No. 401, §6; Acts 1997, No. 1188, §1.*

##### **§ 40:397** Area of operation of local housing authority established by parish {#sec-40-397 omnilex-key=us-la-statutes--rs-title-40--40:397}

In the case of a local housing authority established by a parish, the authority's area of operation shall be all of the parish except that portion which lies within the territorial boundaries of any municipality in which a local housing authority has been established.

*Acts 1997, No. 1188, §1.*

##### **§ 40:398** Concurrent jurisdiction {#sec-40-398 omnilex-key=us-la-statutes--rs-title-40--40:398}

A. Whether due to changes in the boundaries of municipalities or parishes which have established local housing authorities, or the establishment of new local housing authorities, or for any other reason, territories may exist that include the area of operation of two or more local housing authorities. Such areas shall be areas of concurrent jurisdiction.

B. No local housing authority whose area of operation shall include an area of concurrent jurisdiction shall construct, acquire, or develop any new housing development within the area of concurrent jurisdiction except upon sixty days prior written notice to all other local housing authorities existing within the area of concurrent jurisdiction. The notice shall specify the location, size, and general nature of the proposed new development. Any local housing authority receiving the notice shall have thirty days to send written objections thereto to the local housing authority sending the notice and proposing said new development.

C. If written objections are timely made, the local housing authority proposing the new development shall not proceed unless and until both authorities shall have made a good faith effort to resolve their differences and, failing such resolution, the proposing local housing authority shall submit the matter to the governing body of the municipality or parish in which said proposed new development is planned to be located. The governing body, after allowing both local housing authorities to be heard, shall decide whether said new development shall be constructed, acquired, or developed by the local housing authority proposing such action.

*Acts 1997, No. 1188, §1.*

##### **§ 40:399** Continuation of operations after commenced {#sec-40-399 omnilex-key=us-la-statutes--rs-title-40--40:399}

Any housing development established by a housing authority pursuant to law shall continue to be maintained and operated by the housing authority so establishing the development or its designee unless the development is conveyed to another housing authority or to a municipality, parish, or other public agency or is otherwise disposed of in accordance with law.

*Acts 1997, No. 1188, §1.*

##### **§ 40:400** Cooperative jurisdiction {#sec-40-400 omnilex-key=us-la-statutes--rs-title-40--40:400}

Notwithstanding the area of operation as defined herein, all local housing authorities may cooperate and contract with all other local housing authorities and other public agencies within this state and any public agencies of any other state, with the federal government, and with any person or entity, public or private, and wherever located, in order to carry out the purposes of this Chapter. Such cooperation may include but shall not be limited to activities and operations conducted with the agreement of any public agency. Therefore, the area of operation of a local housing authority shall be deemed to include any other area or areas within any municipality or parish, regardless of location, with respect to which the municipality or parish within whose boundaries the area or areas lie agrees to allow the local housing authority to operate.

*Acts 1997, No. 1188, §1.*

##### **§ 40:401** Vesting of authority's powers in commissioners, voting {#sec-40-401 omnilex-key=us-la-statutes--rs-title-40--40:401}

The powers of each local housing authority shall be vested in its commissioners. A majority of the commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its power and for all other purposes. Except for any matter with respect to which the resolution creating the authority or its bylaws requires a higher number or proportion of votes, action may be taken by the authority upon the vote of a majority of the commissioners present and voting.

*Amended by Acts 1979, No. 266, §1, eff. July 10, 1979; Acts 1982, No. 846, §1; Acts 1983, No. 564, §1; Acts 1986, No. 920, §1, eff. July 10, 1986; Acts 1990, No. 426, §1; Acts 1991, No. 289, §12; Acts 1993, No. 298, §1, eff. Oct. 1, 1993; Acts 1993, No. 546, §1; Acts 1995, No. 898, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:401.1** Housing authority of the parish of St. Landry; commissioners {#sec-40-401.1 omnilex-key=us-la-statutes--rs-title-40--40:401.1}

In the parish of St. Landry, the board of commissioners shall be composed of no more than six members. A majority of the commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its power and for all other purposes.

*Acts 2006, No. 547, §1, eff. June 22, 2006; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.*

##### **§ 40:401.2** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.2 omnilex-key=us-la-statutes--rs-title-40--40:401.2}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:401.3** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.3 omnilex-key=us-la-statutes--rs-title-40--40:401.3}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:401.4** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.4 omnilex-key=us-la-statutes--rs-title-40--40:401.4}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:401.5** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.5 omnilex-key=us-la-statutes--rs-title-40--40:401.5}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:401.6** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.6 omnilex-key=us-la-statutes--rs-title-40--40:401.6}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:401.7** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.7 omnilex-key=us-la-statutes--rs-title-40--40:401.7}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:401.8** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.8 omnilex-key=us-la-statutes--rs-title-40--40:401.8}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:401.9** Repealed by Acts 1997, No. 1188, §2. {#sec-40-401.9 omnilex-key=us-la-statutes--rs-title-40--40:401.9}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:402** Executive committees {#sec-40-402 omnilex-key=us-la-statutes--rs-title-40--40:402}

Housing authorities that have nine or more commissioners may, by resolution or by law, establish an executive committee of at least five commissioners. The committee shall have such powers over the management or operation of such housing authority as the commissioners of such authority shall specify and declare in the resolution establishing the executive committee.

*Acts 1997, No. 1188, §1.*

##### **§ 40:403** Responsibility for debts or liabilities of local housing authorities {#sec-40-403 omnilex-key=us-la-statutes--rs-title-40--40:403}

Except to the extent the municipality or parish may expressly elect to undertake such liability, neither the municipality or parish with respect to which a local housing authority is established, nor any municipality or parish participating in a regional housing authority, nor the state, nor any other public agency of this state shall be responsible for the debts or liabilities of any local housing authority or regional housing authority.

*Added by Acts 1972, No. 293, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:404** Repealed by Acts 2011, 1st Ex. Sess., No. 12, §2, eff. June 12, 2011. {#sec-40-404 omnilex-key=us-la-statutes--rs-title-40--40:404}

*Repealed by Acts 2011, 1st Ex. Sess., No. 12, §2, eff. June 12, 2011.*

##### **§ 40:404.1** Housing authorities of the cities of Gonzales and St. Martinville; per diem {#sec-40-404.1 omnilex-key=us-la-statutes--rs-title-40--40:404.1}

Each commissioner of the housing authorities of the cities of Gonzales and St. Martinville may receive a per diem, to be paid from funds of the respective housing authority, for a maximum of twenty-four days per year for attendance at meetings of the respective housing authority in amounts not to exceed the following:

(1) Fifty dollars for the chairman of the authority.

(2) Twenty-five dollars for all other members.

*Acts 1997, No. 438, §2; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.*

##### **§ 40:405** Exemptions from levy and execution {#sec-40-405 omnilex-key=us-la-statutes--rs-title-40--40:405}

Except to the extent a local housing authority or its subsidiaries may otherwise expressly agree, all real and personal property of a local housing authority and its subsidiaries shall be exempt from execution, levy, and sale for the payment of debt or otherwise pursuant to any judicial or other process.

*Added by Acts 1983, No. 107, §1; Amended by Acts 1997, No. 1188, §1.*

##### **§ 40:406** Exemptions from certain laws {#sec-40-406 omnilex-key=us-la-statutes--rs-title-40--40:406}

A. All representatives of a local housing authority, acting within the scope of carrying out the business and conducting the affairs of a local housing authority, shall be exempt from all licensing requirements imposed by any law with respect to the sale, rental, or management of real property or the improvement or development thereof, including requirements imposing any fee or charge.

B. The following provisions of law, and any regulations relating thereto, shall not apply to a local housing authority unless the legislation imposing such requirements is expressly and specifically applicable to local housing authorities or the local housing authority expressly elects to be governed by such legislation or regulations:

(1) The Administrative Procedure Act.

(2) Any law, ordinance, or regulation governing or otherwise applicable to the procurement of goods and services, or to the acquisition, operation, or disposition of property by public agencies of this state.

*Acts 1992, No. 1018, §1; Acts 1997, No. 1188, §1.*

#### **SUBPART C** GENERAL PROVISIONS; REGIONAL AND CONSOLIDATED AUTHORITIES

##### **§ 40:411** Creation {#sec-40-411 omnilex-key=us-la-statutes--rs-title-40--40:411}

A. If the governing body of each of two or more parishes in the same general geographical location, regardless of their population, declares by resolution that there is a need for one regional housing authority for both or all of such parishes, a public body corporate and politic known as a regional housing authority shall thereupon exist and exercise its powers and perform its functions in such parishes.

B. If the governing body of each of two or more municipalities, whether or not in the same general geographical location, declares by resolution that there is a need for one consolidated housing authority for both or all of such municipalities, a public body corporate and politic known as a consolidated housing authority shall thereupon exist and exercise its powers and perform its functions within its area of operation.

C. Regional and consolidated housing authorities may select appropriate corporate names for themselves.

*Acts 1997, No. 1188, §1.*

##### **§ 40:412** Area of operation {#sec-40-412 omnilex-key=us-la-statutes--rs-title-40--40:412}

A. In the case of a regional housing authority, the authority's area of operation shall be an area equivalent to the total areas of operation which the local housing authorities, if created separately by political subdivisions establishing the regional housing authority, would have, when aggregated. The area of operation of a regional housing authority shall not include any area which lies within the territorial boundaries of any municipality or parish in which a local housing authority has been established and which municipality or parish is not a participant in said regional authority. However, the local housing authority of the municipality or parish and the governing body of the municipality or parish may consent to the operation of one or more developments by said regional housing authority within the municipality's or parish's territorial boundaries.

B. In the case of a consolidated housing authority, the authority's area of operation consists of all of the territory within the boundaries of each municipality joining in its creation together with the territory within one mile of the boundaries of each municipality.

*Acts 1997, No. 1188, §1.*

##### **§ 40:413** Increasing area of operation {#sec-40-413 omnilex-key=us-la-statutes--rs-title-40--40:413}

The area of operation of a regional or consolidated housing authority shall be increased from time to time to include one or more additional parishes or municipalities not already within a regional or consolidated housing authority and, in the case of parishes, in the same general geographical location, if the governing body of each of the parishes or municipalities then included in the area of operation of the regional or consolidated housing authority, the commissioners of the authority, and the governing body of each such additional parish or municipality adopts a resolution declaring that there is a need for the inclusion of the additional parish or municipality in the area of operation of the regional or consolidated housing authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:414** Effect on local authorities of adoption of consolidated or regional authorities {#sec-40-414 omnilex-key=us-la-statutes--rs-title-40--40:414}

In the event that a municipality or parish that has an established local housing authority elects to participate in a regional housing authority, pursuant to R.S. 40:411, or a consolidated housing authority, pursuant to R.S. 40:413, it shall obtain the consent of the local housing authority. In the event of such consent, any such existing housing authority which embraces the municipality or parish within its area of operation may elect to cease to exist therein, except for the purpose of winding up its affairs and transferring its property to the consolidated or regional housing authority, as provided in R.S. 40:419. In the event that any such housing authority elects to continue in existence, then in such event, the jurisdiction of such regional or consolidated housing authority shall be exercised concurrently with that of the local housing authority within its area of operation.

*Acts 1997, No. 1188, §1.*

##### **§ 40:415** Prerequisites to adoption of resolution creating or expanding regional or consolidated authority {#sec-40-415 omnilex-key=us-la-statutes--rs-title-40--40:415}

A. The governing body of its respective parish or municipality shall adopt a resolution pursuant to R.S. 40:411 only if it finds that:

(1) In the area of its respective parish or municipality, there are insanitary or unsafe inhabited dwelling accommodations or there is a shortage of safe or sanitary dwelling accommodations available to families of low income at rentals they can afford or that slum or blighted areas exist.

(2) The regional or consolidated housing authority would be the most efficient and economical administrative unit to carry out the purposes of this Part in its parish or municipality.

B. In the case of the expansion of the area of operation of a regional or consolidated authority, the governing body of any parish or municipality and the commissioners of the regional or consolidated housing authority shall adopt a resolution pursuant to R.S. 40:413 if both:

(1) The governing body of each parish or municipality to be included finds that insanitary or unsafe inhabited dwelling accommodations exist therein or that there is a shortage of safe or sanitary dwelling accommodations therein available to families of low income at rentals they can afford or that slum or blighted areas exist therein.

(2) The governing body of the parishes or municipalities already included in the area of operation of the regional or consolidated housing authority, the commissioners of the regional or consolidated housing authority and the governing body of each additional parish or municipality finds that the regional or consolidated housing authority would be a more efficient or economical administrative unit to carry out the purposes of this Part if the area of operation of the regional or consolidated housing authority is increased to include the additional parish or municipality.

*Amended by Acts 1950, No. 401, §7; Acts 1997, No. 1188, §1.*

##### **§ 40:416** Public hearings to create regional or consolidated authority or increase its area of operation {#sec-40-416 omnilex-key=us-la-statutes--rs-title-40--40:416}

A. The governing body of a parish or municipality shall not adopt any resolution authorized by R.S. 40:411 or 413 unless a public hearing has first been held. The governing body shall give notice of the time, place, and purpose of the public hearing at least ten days prior to the day on which it is to be held, in a newspaper published in the parish or municipality, as the case may be, or, if there is no newspaper published therein, in a newspaper published in the state and having a general circulation in the parish or municipality. On the date fixed for the hearing, an opportunity to be heard shall be granted to all residents of the parish or municipality and to all other interested persons.

B. In determining whether dwelling accommodations are unsafe or insanitary the governing body of a parish shall take into consideration the safety and sanitation of dwellings; the light and air space available to the inhabitants of such dwellings; the degree of overcrowding; the size and arrangement of the rooms; and the extent to which conditions exist in such dwellings which endanger life or property by fire or other causes.

*Acts 1997, No. 1188, §1.*

##### **§ 40:417** Consent of obligees and commissioners of local authority to substitution of regional or consolidated authority, transfer of rights, duties and property {#sec-40-417 omnilex-key=us-la-statutes--rs-title-40--40:417}

A. The governing body of a parish or municipality shall not adopt a resolution pursuant to the provisions of R.S. 40:411 or 413 if there is an existing housing authority therefor which has any obligations outstanding unless:

(1) All obligees of the existing housing authority and the parties to its obligations consent in writing to the substitution of the regional or consolidated housing authority therefor on all such obligations.

(2) The commissioners of the existing housing authority adopt a resolution consenting to the transfer of all the rights, obligations and property thereof to the regional or consolidated housing authority.

B. When the two conditions in Subsection A are complied with and the regional or consolidated housing authority is created and authorized to exercise its powers and perform its functions, all rights, obligations and property of the former housing authority shall vest in the regional or consolidated housing authority and be in its name. All rights and obligations of the former housing authority shall be the rights and obligations of the regional or consolidated housing authority and may be asserted and enforced by or against the regional or consolidated housing authority as they might have been asserted and enforced by or against the former housing authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:418** Notification of mayor of adoption of consolidated authority {#sec-40-418 omnilex-key=us-la-statutes--rs-title-40--40:418}

When the governing body of a municipality adopts a resolution declaring that there is a need within it for a consolidated housing authority, it shall promptly notify the mayor of the municipality of that adoption.

*Acts 1997, No. 1188, §1.*

##### **§ 40:419** Transfer of property to regional or consolidated authority; registration {#sec-40-419 omnilex-key=us-la-statutes--rs-title-40--40:419}

When any immovable property of a housing authority vests in a regional or consolidated housing authority under the provisions of R.S. 40:417, it shall execute an act transferring the property to the regional or consolidated authority. The regional or consolidated authority shall thereupon register the act as provided by law in the case of sales. However, nothing contained in this Section affects the vesting of property in the regional or consolidated housing authority as provided in R.S. 40:417.

*Acts 1997, No. 1188, §1.*

##### **§ 40:420** Time of official creation; contents of resolution; resolution as evidence {#sec-40-420 omnilex-key=us-la-statutes--rs-title-40--40:420}

In any proceeding relating in any way to any contract of a regional or consolidated housing authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution declaring the need of such authority by the governing body of each of the parishes or municipalities originally within the authority. This resolution is sufficient if it declares that there is a need for the authority and finds in substantially the terms used in R.S. 40:415(A) that the conditions enumerated as Paragraphs (1) and (2) therein exist. Copies of these resolutions duly certified by the presiding officers or secretaries or the clerks of the respective governing bodies are admissible in evidence in any proceeding.

*Acts 1997, No. 1188, §1.*

##### **§ 40:421** Decreasing area of operation; conversion to parish or municipal authority {#sec-40-421 omnilex-key=us-la-statutes--rs-title-40--40:421}

A. The area of operation of a regional or consolidated housing authority shall be decreased from time to time to exclude one or more parishes or municipalities if the governing body of each of the parishes or municipalities in the area and the commissioners of the regional or consolidated housing authority each adopt a resolution declaring that there is a need for excluding the parish or municipality from the area.

B. If this action decreases the area of operation of the regional or consolidated housing authority to only one parish or municipality, regardless of its population, the authority shall thereupon become a housing authority for that parish or municipality. Such an authority has the same powers, duties and functions of a regular parish or municipal authority and is subject to all the provisions of this Part applicable thereto.

*Acts 1997, No. 1188, §1.*

##### **§ 40:422** Prerequisites to adoption of resolution decreasing area of operation {#sec-40-422 omnilex-key=us-la-statutes--rs-title-40--40:422}

A. The governing body of each of the parishes or municipalities in the area of operation of the regional or consolidated housing authority and the commissioners of the authority shall adopt a resolution pursuant to R.S. 40:421 if both:

(1) The governing body of each of the parishes to remain in the area of operation of the authority and the commissioners of the authority find that, because of facts arising or determined subsequent to the time when the area first included the parish or municipality to be excluded, the regional or consolidated housing authority would be a more efficient or economical administrative unit to carry out the purposes of this Part if the parish or municipality was excluded from the area of operation thereof.

(2) The governing body of each parish or municipality to be excluded and the commissioners of the authority each also find that, because of the changed facts, the purposes of this Part could be carried out more efficiently or economically if the area of operation of the regional or consolidated housing authority did not include it.

B. However, no such resolution shall be adopted unless and until R.S. 40:423 and 424 have been complied with.

*Acts 1997, No. 1188, §1.*

##### **§ 40:423** Public hearing necessary before decrease {#sec-40-423 omnilex-key=us-la-statutes--rs-title-40--40:423}

The governing body of a parish or municipality shall not adopt the resolution authorized in R.S. 40:421 unless a public hearing has been held in the manner described in R.S. 40:416.

*Acts 1997, No. 1188, §1.*

##### **§ 40:424** Creditors of agency must consent to decrease {#sec-40-424 omnilex-key=us-la-statutes--rs-title-40--40:424}

No action may be taken pursuant to R.S. 40:421 if the regional or consolidated housing authority has outstanding bonds, notes, or other evidences of indebtedness, unless all the holders thereof first consent in writing to that action.

*Acts 1997, No. 1188, §1.*

##### **§ 40:425** Disposal of property held in eliminated area {#sec-40-425 omnilex-key=us-la-statutes--rs-title-40--40:425}

Any property held by regional or consolidated housing authority within a parish or municipality excluded from the area of operation of the particular authority shall be disposed of by the authority in the public interest as soon as practicable after the exclusion.

*Acts 1997, No. 1188, §1.*

##### **§ 40:426** Creation of new local authority in parishes and municipalities excluded from regional or consolidated authority {#sec-40-426 omnilex-key=us-la-statutes--rs-title-40--40:426}

A. At any time after a parish or municipality is excluded from an area of operation of a regional or consolidated housing authority, the governing body of the parish or municipality, regardless of the population thereof, may adopt a resolution declaring that there is a need for a housing authority in the parish or municipality, as the case may be. If the governing body finds such need in the same manner and subject to the same conditions prescribed for this finding in the case of regular parish and municipal authorities, a public body corporate and politic known as the housing authority of the parish or the municipality shall exist therefor.

B. Such an authority possesses the same powers, duties, and functions as a regularly created parish or municipal authority, as the case may be, and is subject to the provisions of this Part applicable thereto.

C. Nothing in this Part prevents the parish or municipality from thereafter being included within the area of operation of a regional or consolidated housing authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:427** Commissioners of regional or consolidated housing authority; appointment {#sec-40-427 omnilex-key=us-la-statutes--rs-title-40--40:427}

A. The governing body of each parish included in a regional housing authority, originally or by an expansion of its area of operation, shall appoint one commissioner of the authority. The first commissioner which any parish governing body appoints shall be approved by the governor. The governing body of each parish shall appoint the successors of the commissioner appointed by it.

B. The mayor of each municipality included in a consolidated housing authority, originally or by an expansion of its area of operation, shall appoint one commissioner of the authority, subject to the approval of the governor. Successors to this commissioner shall be appointed in the same manner.

C. If any parish or municipality is afterwards excluded from the area of operation of a regional or consolidated housing authority, the office of commissioner of the authority from that parish or municipality is abolished as of the time of the exclusion.

D. If the area of operation of a regional or consolidated housing authority consists at any time of an even number of parishes or municipalities, the commissioners of the regional or consolidated housing authority shall, subject to the approval of the governor, appoint one additional commissioner. The commissioners appointed by the parish governing bodies or the municipal mayors, as the case may be, shall in like manner appoint the successors if any, of this additional commissioner.

E. At any time that the area of operation of the regional or consolidated authority is changed to consist of an odd number of parishes or municipalities, the additional commissioner's term, determined under R.S. 40:428, ends.

*Acts 1997, No. 1188, §1.*

##### **§ 40:428** Terms of commissioners {#sec-40-428 omnilex-key=us-la-statutes--rs-title-40--40:428}

The commissioners first appointed to any regional or consolidated housing authority, including any additional commissioner appointed as provided in R.S. 40:427, shall draw lots to determine whether their terms of office as commissioners shall be for one, two, three, four, or five years, respectively, from the date of their appointments. No term shall be for a longer period than five years. Should there be more than four commissioners to draw, the terms of all the commissioners in excess of four shall run for five years from the dates of their appointments. The minutes of the first meeting of the commissioners shall recite the results of the drawing by lot and shall be conclusive proof of the terms of office of these respective commissioners. Thereafter, all commissioners of a regional or consolidated housing authority shall be appointed for terms of five years. All vacancies shall be filled for the unexpired terms.

*Acts 1997, No. 1188, §1.*

##### **§ 40:429** Certificates of appointment of commissioners {#sec-40-429 omnilex-key=us-la-statutes--rs-title-40--40:429}

A. A certificate of the appointment of any regional or consolidated authority commissioner appointed by the governing body of a parish or municipality signed by the presiding officer or the clerk of the municipality, as the case may be, and by the governor, if his approval of the appointment is required, is conclusive evidence of the due and proper appointment of the commissioner.

B. A certificate of the appointment of any additional commissioner of a regional or consolidated housing authority shall be signed by the commissioners making the appointment and filed with the other records of the regional or consolidated housing authority and, when approved by the governor, shall be conclusive evidence of the due and proper appointment of the additional commissioner.

*Acts 1997, No. 1188, §1.*

#### **SUBPART D** POWERS, AUTHORITIES, AND LIMITATIONS

##### **§ 40:431** General character of local housing authority powers {#sec-40-431 omnilex-key=us-la-statutes--rs-title-40--40:431}

A. A local housing authority shall possess all powers necessary, convenient, or desirable in carrying out the purposes of this Chapter, exercising any power provided herein, and engaging in any activity related to furthering the purposes of this Chapter. Such powers shall include but shall not expressly be limited to the powers enumerated in this Section or stated elsewhere in this Chapter or in other applicable law.

B. The powers enumerated in this Chapter may be exercised singly or in any combination. The enumeration of any power shall not require, expressly or by implication, that any local housing authority shall be required to exercise such power.

C. In addition to any other express, constructive, or implied powers existing under applicable law, a local housing authority shall have powers, which may be exercised singly or in any combination. The enumeration of such powers shall not be construed to limit the powers of any local housing authority to the powers so enumerated. Those powers are to:

(1) Have perpetual existence unless terminated by proper authority as provided by law.

(2) Sue and, subject to the limitations, privileges, and immunities provided by applicable law, be sued.

(3) Adopt a seal and to alter such seal from time to time.

(4) Adopt, amend, repeal, and restate bylaws.

(5) Adopt and enforce rules and regulations related to carrying out the purposes of the local housing authority and exercising its powers and to amend or repeal such regulations from time to time.

(6) Enter into, execute, and perform contracts, instruments, and agreements of every kind and description, within or without its area of operation except where otherwise expressly provided, in furtherance of the purposes of this Chapter and in connection with the exercise of any of its powers.

(7) Issue bonds and other debt instruments as provided in R.S. 40:470 and secure the repayment of such bonds and debt instruments by granting security interests in any or all of the local housing authority's real and personal property.

(8) Guarantee any indebtedness or performance of any affiliate or third party in furtherance of the purposes of this Chapter.

(9) Enter into and perform interagency and intergovernmental agreements of every kind and description and act in consortium with, as agent or manager for, or pursuant to agreement or contract with, other local housing authorities and any and all state, federal, and local public agencies to carry out the purposes of this Chapter and exercise any of its powers.

(10) Form and operate nonprofit corporations and other affiliates of every kind and description, which may be wholly or partially owned or controlled by the authority, for carrying out the purposes of this Chapter and in connection with the exercise of any of the powers of a local housing authority.

(11) Enter into arrangements of every kind and description in furtherance of the purposes of this Chapter and in connection with the exercise of any of its powers of a local housing authority.

(12) However, no local housing authority shall exercise any power or authority relative to the issuance of bonds or other debt instruments without prior approval of the State Bond Commission.

D. Such arrangements may include but shall not be limited to arrangements with individual persons, general and limited partnerships; joint ventures; syndicates and syndications; corporations; limited liability companies, corporations, and partnerships; unincorporated associations; cooperatives; consortia; and any and all other forms of structures, arrangements, and organizations.

E. A local housing authority may participate as a general or limited partner, co-venturer, shareholder, or otherwise as a principal, an investor, a lender, a guarantor, a contracting party, or in any other manner, all upon such terms and conditions and with such rights and obligations as the governing board of the local housing authority shall, from time to time, in its discretion determine to be appropriate.

F. With respect to the forms and characteristics of arrangements, local housing authorities shall have, consistent with the limitations upon their powers set forth below and as otherwise imposed in this Chapter, the same discretion, authority, and flexibility as would be possessed by a private person or entity performing the same function.

G. Consistent with the limitations upon their powers set forth in R.S. 40:482, local housing authorities may participate in cooperative arrangements with persons and for profit entities whose purpose is solely that of pecuniary gain, as well as with nonprofit entities and persons who seek no pecuniary gain. The participation of a local housing authority in any arrangement with other persons or entities, including for-profit persons and entities, shall not cause any activity engaged in by the authority to be characterized as proprietary nor deprive the authority of any privilege or immunity otherwise existing under law.

*Acts 1997, No. 1188, §1.*

##### **§ 40:431.1** Jefferson Parish Housing Authority; power of taxation {#sec-40-431.1 omnilex-key=us-la-statutes--rs-title-40--40:431.1}

A. Notwithstanding any other provision of law to the contrary, the Jefferson Parish Housing Authority may levy and collect annually an ad valorem tax, as authorized by the housing authority, subject to prior approval of the Jefferson Parish Council.

B. The amount of the annual tax or fee shall be requested by duly adopted resolution of the board of commissioners of the housing authority, and the amount of the tax shall not exceed one-half mill.

C.(1) A tax shall be imposed only after the question of its imposition has been approved by a majority of registered voters of the parish voting at a regularly scheduled primary or general election held for that purpose in accordance with the Louisiana Election Code. No other election shall be required except as provided by this Subsection.

(2) The tax shall expire at the time provided in the proposition authorizing the tax, not to exceed eight years from its initial imposition; however, the tax may be renewed as provided for in Paragraph (1) of this Subsection.

D. The tax shall be collected in the same manner and at the same time as all other ad valorem taxes on property subject to taxation by the parish are levied and collected.

E. The proceeds of such tax shall be used solely and exclusively for the purpose and benefit of the housing authority; however, the parish may retain one percent of the amount collected as a collection fee.

*Acts 2008, No. 869, §1.*

##### **§ 40:432** Examinations and investigations {#sec-40-432 omnilex-key=us-la-statutes--rs-title-40--40:432}

A. Pursuant to approval of the local housing authority's board of commissioners, acting through one or more of its commissioners or other designees, a local housing authority may:

(1) Conduct examinations and investigations with respect to any matter relating to the purposes of this Chapter.

(2) Make available to public agencies and officials and the public, all findings, conclusions, and recommendations resulting from such examinations and investigations.

(3) Subpoena and compel the attendance of witnesses and the production of documents, books, records, papers, electronic and other data, and things.

(4) Issue commissions for the examination of witnesses who are outside this state, unable to attend a hearing, or are excused from such attendance.

(5) Issue commissions for the examination of documents, books, records, papers, electronic and other data, and things outside this state.

(6) Administer oaths and receive sworn or unsworn testimony or other proofs at public or nonpublic hearings.

(7) Request and obtain criminal history record information on any person applying for public housing as provided for by R.S. 15:587(F).

B. A local Housing Choice Voucher agency, acting through its director or his designee, may request and obtain criminal history record information on any person applying for a voucher under Housing Choice Voucher programs.

*Acts 1997, No. 1188, §1; Acts 2003, No. 1083, §2, eff. July 2, 2003.*

##### **§ 40:433** Issue subpoenas and commissions {#sec-40-433 omnilex-key=us-la-statutes--rs-title-40--40:433}

A local housing authority may issue subpoenas requiring the attendance of witnesses or the production of books and papers and commissions for the examination of witnesses who are out of state, unable to attend before the authority, or are excused from attendance.

*Acts 1997, No. 1188, §1.*

##### **§ 40:434** Funds and investments {#sec-40-434 omnilex-key=us-la-statutes--rs-title-40--40:434}

A local housing authority may invest or cause to be invested any funds held as reserves or sinking funds and any sums not required for immediate disbursement in connection with the operations of the authority, its developments and its programs, in property or securities in any manner allowable by law; cooperate with this state or any public agency of this state with respect to investing the authority's funds; enter into investment agreements and contracts with responsible agents upon such terms and conditions as the authority deems appropriate; and purchase the authority's own bonds or other securities at such price as the authority shall, in its discretion, determine to be acceptable.

*Acts 1997, No. 1188, §1.*

##### **§ 40:435** Assessments and planning {#sec-40-435 omnilex-key=us-la-statutes--rs-title-40--40:435}

A local housing authority may conduct studies, assessments, and analyses of living conditions and affordable housing and community development and redevelopment needs and the means and methods through which unsatisfactory living conditions may be improved and affordable housing and community development and redevelopment needs may be met; participate in the planning processes conducted by units of local government having jurisdiction over the authority's area of operation and make recommendations with respect to the provision of decent, safe, and sanitary dwelling accommodations to persons of eligible income and the improvement of the social and economic conditions affecting such persons; evaluate the supply and adequacy of financing available for the development and rental of affordable housing and for the purpose of decent, safe, and sanitary dwelling accommodations by persons of eligible income; and identify the means and methods through which adequate sources of financing for such purposes may be developed and maintained.

*Acts 1997, No. 1188, §1.*

##### **§ 40:436** Development {#sec-40-436 omnilex-key=us-la-statutes--rs-title-40--40:436}

A. A local housing authority may plan, prepare, carry out, develop, construct, acquire, improve, reconstruct, renovate, rehabilitate, enlarge, reduce, alter, manage, own, lease, and operate housing, housing projects or developments, or any portions of housing projects or developments, and nonresidential and mixed-use facilities.

B. As used in this Section, the terms "development" or "housing development" shall include without limitation:

(1) Any and all site work, construction, and improvements and other work or responsibility undertaken by a local housing authority, any affiliate thereof, or any other person or entity, whether public or private, in cooperation or pursuant to agreement with such local housing authority to either:

(a) Carry out the activities described in this Section.

(b) Demolish, clear, or remove buildings and other improvements from land situated in blighted areas or slums.

(c) Create, provide, and finance affordable, decent, safe, and sanitary living accommodations and other facilities and improvements described in this Section, and otherwise authorized in this Chapter.

(2) All facilities and improvements created by the work or undertakings described in this Section, including, without limitation:

(a) All living accommodations operated primarily for residential purposes.

(b) The buildings containing such living accommodations and all appurtenances thereto.

(c) Partially or wholly manufactured housing, mobile homes, modular structures, the sites upon which they are situated, and all utilities, streets and roads, and other improvements and appurtenances relating thereto.

(d) All land, leasehold rights, easements and licenses, and other rights to the use or occupancy of the land upon which the improvements of a development are situated.

(e) All common areas, roads, streets, sidewalks, and pedestrian ways, bicycle routes and paths, drainage facilities, parking facilities, street lighting and lighting of buildings and pedestrian ways landscaping, site improvements, and other improvements to land.

(f) All facilities and improvements for the supply of utilities and services, including electrical, gas, sewer, water, telephone, and other communications systems, television or other electronic reception or transmission, Internet and other computer networking services, waste collection and disposal, and all other utilities and services.

(g) Playgrounds, parks, and other facilities intended for sports or recreational purposes benefitting residents.

(h) All facilities and improvements used in providing security to residents and employees of an authority and the property of both.

(i) All community facilities and other facilities and improvements used for providing educational, vocational, or other training programs, supportive services to residents, or for other programs and activities to carry out the purposes of this Chapter.

(j) All facilities and improvements used for commercial or other nonresidential purposes as permitted by this Chapter.

(k) All fixtures and equipment and personal property incorporated, owned, or used in connection with any development as elsewhere defined in this Chapter.

(l) All other real property, tangible and intangible property, and other assets owned, used or held in connection with any development.

(3) The planning, replanning, and design of any residential or nonresidential project or development, the obtaining of permits and approvals necessary therefor, and all architectural and engineering work, surveying, platting, dedication, and all other activities requisite to construction of any buildings, facilities or improvements, property acquisition, demolition, construction, alteration, repair, rehabilitation, or reconstruction of existing buildings, facilities or improvements, and activities, and work undertaken in connection therewith.

(4) All agreements, contracts, leases, and other legal means through which the right to use or operate any property that is otherwise defined as a development is acquired, held, or used.

C. A local authority's developments may, as permitted under and subject to the limitations imposed by R.S. 40:482 through 489, include both:

(1) Dwelling units or other living accommodations occupied by persons and families other than persons of eligible income.

(2) Buildings, facilities, or improvements used for nonresidential purposes and mixed-use projects.

*Acts 1997, No. 1188, §1.*

##### **§ 40:437** Development, operations, and activities {#sec-40-437 omnilex-key=us-la-statutes--rs-title-40--40:437}

A local housing authority may:

(1) Finance an authority's developments, operations, and other activities in such manner, utilizing such public or private source or sources of revenue, and employing such financing methods or techniques as the authority deems appropriate.

(2) Combine revenues derived from different sources, including equity investments and borrowing, in any combinations and proportions as the authority deems appropriate.

(3) Create and to enter into arrangements concerning mixed-finance developments.

(4) Provide financing for affordable housing owned in whole or in part by others.

*Acts 1997, No. 1188, §1.*

##### **§ 40:438** Maintenance of housing developments {#sec-40-438 omnilex-key=us-la-statutes--rs-title-40--40:438}

A local housing authority may maintain, repair, and replace all housing developments, any portions thereof and any facilities and improvements contained therein or associated therewith.

*Acts 1997, No. 1188, §1.*

##### **§ 40:439** Rental of housing and other property {#sec-40-439 omnilex-key=us-la-statutes--rs-title-40--40:439}

Subject only to the limitations contained in R.S. 40:482 through 489, a local housing authority may:

(1) Lease or rent any dwellings, facilities, or other real or personal property owned, controlled, or possessed by the authority, or with respect to which the authority has contractual rights permitting such lease or rental, for such terms, upon such conditions and lease terms and in exchange for such rentals as the authority may from time to time in its discretion determine.

(2) Establish rents in such manner and in such amounts as the authority may deem appropriate, including but not limited to rents based upon family income, determined with such adjustments and exclusions as the authority deems appropriate, minimum rents, flat rents, graduated rents, rent ranges, and maximum rents, any of which may vary among the authority's developments.

(3) Establish any other standards and conditions relating to rentals that the authority may deem appropriate.

*Acts 1997, No. 1188, §1.*

##### **§ 40:440** Acquisition and sale of housing and other property {#sec-40-440 omnilex-key=us-la-statutes--rs-title-40--40:440}

A. A local housing authority may:

(1) Acquire title, long-term and short-term leasehold interests, possessory rights, options upon, cooperative interests in, or any other interest in or relating to land, dwellings, facilities, or any other real or personal property by purchase, gift, grant, bequest, devise, lease, contract, or any other manner or arrangement.

(2) Take over or lease and manage any housing development or undertaking in which a local government or the state or federal government has an interest.

(3) Transfer, donate, sell, lease, exchange, convey, assign, or otherwise dispose of any of its property or any interest therein to any person, organization, or entity, either public or private, or nonprofit or for-profit, and in such regard:

(a) Sell or lease any real or personal property or any interest therein with or without public bidding, as the authority, in its sole discretion, may deem appropriate.

(b) At and subsequent to an acquisition of occupied property, permit existing tenants therein to remain in occupancy upon such terms and conditions and for such periods as the authority shall deem appropriate, notwithstanding that such tenants do not qualify as persons of eligible income.

B. Any acquisition or disposition of property or any interest therein may occur upon such terms and conditions and in exchange for such prices, or without consideration, as the authority shall deem appropriate, provided that such actions are taken in furtherance of the purposes of this Chapter and subject to the limitations contained in R.S. 40:482 through 489.

*Acts 1997, No. 1188, §1.*

##### **§ 40:441** Non-residential and mixed-use properties and facilities {#sec-40-441 omnilex-key=us-la-statutes--rs-title-40--40:441}

A local housing authority may:

(1) Develop, acquire, own, lease, and operate properties and facilities that are non-residential in character, which are used for office, administrative, management, maintenance, commercial, or educational purposes, for providing services, or for carrying out any other purpose authorized under this Chapter.

(2) Acquire, own, lease, and operate properties and facilities that are both residential and non-residential in character.

*Amended by Acts 1960, No. 278, §3; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 1188, §1.*

##### **§ 40:442** Community facilities {#sec-40-442 omnilex-key=us-la-statutes--rs-title-40--40:442}

A local housing authority may:

(1) Develop, acquire, own, or lease community facilities.

(2) Provide such facilities to any public agency or to any person, agency, institution, or organization, public or private, for recreational, educational, health, or welfare purposes for the benefit and use of the local housing authority or for occupants of its dwelling accommodations, or persons of eligible income, persons who are elderly, or persons with disabilities, or for any combination of the foregoing, and which facilities may also serve the general public, and provision of such community facilities may be with or without charge therefor as in the local housing authority's discretion shall be deemed advisable to promote the public purposes of this Chapter.

(3) Operate or manage community facilities, itself, or as agent for any public agency, or any person, institution, or organization, public or private, and receive compensation therefor, if any, as the parties may agree.

*Amended by Acts 1960, No. 278, §3; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 1188, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:443** Preservation of affordable housing {#sec-40-443 omnilex-key=us-la-statutes--rs-title-40--40:443}

A local housing authority may:

(1) Carry out plans, programs, contracts, and agreements of every kind and description.

(2) Provide grants, loans, guarantees, and other financial assistance to public or private persons or entities, whether nonprofit or for-profit, in order to rehabilitate, maintain, procure, and preserve existing affordable housing stocks in safe, decent, and sanitary condition and ensure that they remain affordable to persons of eligible income and in connection therewith, impose or agree to such terms and conditions concerning the term of affordability and other matters as the local housing authority shall deem appropriate.

*Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.*

##### **§ 40:444** Program eligibility, procedures, and requirements {#sec-40-444 omnilex-key=us-la-statutes--rs-title-40--40:444}

Subject to the limitations contained in R.S. 40:482 through 489, a local housing authority may establish and apply such criteria and requirements relating to eligibility for any assistance administered or provided by the authority as the authority shall, from time to time, determine to be necessary, appropriate, or desirable, including without limitation criteria and requirements relating to income, work or employment, child care, education, job training, and personal or family self-sufficiency; in addition to establishing eligibility, utilize such criteria and requirements for determining the amount and duration of any assistance to be provided to a beneficiary for such assistance; establish such exclusions from income for purposes of determining eligibility as the authority shall deem appropriate; and adopt and administer lawful preferences which may include preferences for working persons and families.

*Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.*

##### **§ 40:445** Mortgaging, pledging, encumbering property and assets {#sec-40-445 omnilex-key=us-la-statutes--rs-title-40--40:445}

A. A local housing authority may mortgage, encumber, pledge, convey by trust deed or deed to secure debt, assign, or otherwise grant or consent to a lien or other security interest in, any real or personal property, or any interest therein, owned or held by the authority or in which the authority may hold an interest; take any and all actions to provide security for the repayment of borrowed funds, or to secure any guarantee of such repayment or any other performance by the authority, or to secure any payment, guarantee, or performance of any affiliate of the authority or of any arrangement into which the authority shall have entered in furtherance of the purposes of this Chapter. Any such action shall be upon such terms and conditions as the authority shall in its discretion from time to time determine.

B. The terms and conditions of any mortgage or other instrument granting or consenting to a security interest in property of a local housing authority may include any and all provisions that are deemed necessary by the authority. Such terms and conditions may, among other things, contain a power of sale or right of foreclosure in the event of nonpayment of other default thereunder; notwithstanding the foregoing, no guarantee of indebtedness or security interest given by a local housing authority in connection with acquiring or modernizing any development shall unreasonably jeopardize the financial well-being of the authority as a whole, or unreasonably expose to foreclosure, levy, or other loss any property of the authority other than the development acquired or modernized with funds derived from the indebtedness that is so guaranteed or secured.

C. The authority shall not provide a guarantee that is backed by the full faith and credit of the authority or its assets in general.

D. All actions taken by a local housing authority authorized in this Section shall be consistent with the requirements of R.S. 40:489 and shall comply with the requirements of R.S. 40:488, where such requirements are applicable.

*Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.*

##### **§ 40:446** Loans, guarantees, tax inducements, mortgage assistance {#sec-40-446 omnilex-key=us-la-statutes--rs-title-40--40:446}

A. Subject to the limitations contained in R.S. 40:489, a local housing authority may:

(1) Make mortgage loans and mortgage subsidy payments to or for the benefit of persons of eligible income.

(2) Act as a conduit, fiduciary, borrower, and lender in conduit financing programs which provide mortgage financing to persons of eligible income as defined in R.S. 40:384(21)(c).

(3) Purchase mortgages given by persons of eligible income or mortgages encumbering housing for persons of eligible income.

(4) Make mortgage loans to persons of eligible income as defined in R.S. 40:384(21)(c).

(5) Operate any program to provide mortgage or other financing available for the production and operation or the purchase of affordable housing through the use of federal or state tax credits or other tax-related inducements.

(6) Make acquisition, development, construction, and rehabilitation loans, long-term mortgage loans, and guarantees, to or for the benefit of persons, firms, partnerships, associations, joint ventures, or corporations, public or private, whether nonprofit or for-profit, for purposes of developing and constructing housing for persons of eligible income, including mixed-income housing developments.

(7) Engage in mortgage rate buy-downs and other actions of every kind and description to enhance the availability of mortgage financing that is affordable to persons of eligible income as defined in R.S. 40:384(21)(c).

(8) Enter into and perform contracts, agreements, and arrangements of every kind and description with banks, thrift institutions, credit unions, mortgage bankers, and other lenders.

B. In order to enhance the supply of mortgage financing at rates and terms affordable to persons of eligible income as defined in R.S. 40:384(21)(c), and to enhance the supply of financing at rates and terms sufficiently attractive to encourage the production of rental and fee-ownership housing that is affordable to persons of eligible income as defined in R.S. 40:384(21)(c), a local housing authority may make and perform commitments relating to any action authorized under this Subsection, charge such fees and impose such repayment terms and other terms and conditions concerning loans, mortgages, guarantees, mortgage subsidies and other forms of loan and mortgage assistance provided by the authority as the authority shall from time to time determine to be necessary or appropriate, and make loans other than mortgage loans to persons of eligible income as defined in R.S. 40:384(21)(c) upon such terms and conditions as the authority shall deem appropriate. All actions taken by a local housing authority authorized in this Subsection above shall be consistent with the requirements of R.S. 40:489.

*Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.*

##### **§ 40:447** Forgiveness or compromise of indebtedness {#sec-40-447 omnilex-key=us-la-statutes--rs-title-40--40:447}

A local housing authority may forgive, compromise, or forbear from collecting or enforcing, wholly or partially, temporarily or permanently, any debt or obligation owed to the local housing authority.

*Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.*

##### **§ 40:448** Mixed-income housing {#sec-40-448 omnilex-key=us-la-statutes--rs-title-40--40:448}

A local housing authority may develop, acquire, own, hold, lease, rent, and operate mixed-income housing developments, subject to the limitations contained in R.S. 40:466.

*Amended by Acts 1960, No. 278, §3; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 1188, §1.*

##### **§ 40:449** Rental and relocation assistance {#sec-40-449 omnilex-key=us-la-statutes--rs-title-40--40:449}

A local housing authority may administer rental and relocation assistance programs of every kind and description on its own behalf or for others within its area of operation and, to the extent such authority has determined such administration to be feasible, in any area elsewhere in this state with respect to which a local housing authority has not been established, or with the consent of any local housing authority established to serve the area in which such assistance would be administered, and, in connection with the administration of such assistance, may make payments relating to relocations and rent subsidy payments to persons of eligible income or to others, including landlords, on behalf of persons of eligible income. Rental assistance programs administered by a local housing authority may be tenant-based, in which event the assistance is provided to or for the benefit of the tenant, or development-based, in which event the assistance is connected to particular real property.

*Acts 1997, No. 1188, §1.*

##### **§ 40:450** Insurance {#sec-40-450 omnilex-key=us-la-statutes--rs-title-40--40:450}

A local housing authority may:

(1) Purchase and maintain in force bonds and insurance of such types and for such purposes as the authority deems appropriate and pay premiums and charges for all bonds and policies of insurance purchased by the authority. Bonds and policies of insurance benefiting or insuring the authority shall be in such amounts, contain such terms and conditions, provide for such deductibles, be in such form, and be issued by such companies as the authority shall deem appropriate.

(2) Self-insure and form and participate in consortia, insurance pools, and other organizations owned or operated by housing authorities for the purpose of insuring such authorities; such consortia, pools, or organizations may include units of government or public agencies other than housing authorities.

(3) Purchase and maintain insurance covering the liability of any commissioner, officer, employee, or agent of the authority, arising in connection with the authority's business or affairs.

*Acts 1997, No. 1188, §1.*

##### **§ 40:451** Indemnification {#sec-40-451 omnilex-key=us-la-statutes--rs-title-40--40:451}

A local housing authority may indemnify any commissioner, officer, or employee of the authority as provided in R.S. 40:516.

*Amended by Acts 1950, No. 401, §8; Acts 1960, No. 278, §4; Acts 1968, No. 236, §1; Acts 1968, Ex.Sess., No. 19, §§1, 2; Acts 1988, No. 103, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:452** Services {#sec-40-452 omnilex-key=us-la-statutes--rs-title-40--40:452}

A local housing authority may provide directly or contract for, arrange, or cooperate with any person or entity, public or private, including any other public agency, to:

(1) Utilize its property to provide services or make financial or other contributions of every kind and description to enhance the social and economic well-being of residents of the authority's housing developments and other persons of eligible income.

(2) Create and operate accounts for the benefit of persons and families participating in activities and programs for the enhancement of individual and family economic self-sufficiency.

(3) Award scholarships and to conduct or make provision for educational and training programs of every kind and description.

(4) Except as otherwise provided in this Chapter, establish and collect fees or seek reimbursement of costs in connection with the delivery of programs and services.

(5) Move residents from welfare to work. An authority shall develop initiatives to accomplish this goal and may expend funds to support such initiatives.

*Acts 1997, No. 1188, §1.*

##### **§ 40:453** Local, state, or federal assistance {#sec-40-453 omnilex-key=us-la-statutes--rs-title-40--40:453}

A. A local housing authority may:

(1) Borrow money or accept grants and other forms of assistance, financial and otherwise, from the local, state, or federal government in connection with any activity or program furthering the purposes of this Chapter, notwithstanding any limitation to the contrary contained in this Chapter.

(2) Take all actions necessary to agree to and fully comply with all requirements and conditions of any state or federal program, grant, loan, or program providing services or assistance to the authority, its programs, its properties and housing developments, and the residents of such housing developments.

(3) Perform all responsibilities and obligations of the authority under any contract or agreement with state or federal authorities and imposed by applicable state or federal law and regulation with respect to such state or federal assistance.

B. Without limiting the foregoing, a housing authority may:

(1) Take over or lease or manage any development or undertaking constructed or owned by the state, or any public agency thereof, or the federal government.

(2) Participate in any plan or program of the state, any public agency thereof, or the federal government which provides revenues that may be used for carrying out the purposes of this Chapter, including without limitation any program involving the issuance of bonds, special fees or taxes, or tax credits.

(3) Operate and administer any program providing rental assistance for itself or on behalf of others.

(4) Comply with such conditions and enter into such mortgages, trust indentures, leases, agreements, or arrangements as may be necessary, convenient or desirable for the purposes of this Subsection.

C. It is the purpose and intent of this Chapter to authorize every housing authority to do all things necessary or desirable to secure the financial aid or cooperation of the state and federal governments and their public agencies in the development, maintenance, operation, or disposition of any housing development or other activity undertaken by such housing authority to carry out the purposes of this Chapter.

*Amended by Acts 1950, No. 401, §9; Acts 1960, No. 278, §4; Acts 1997, No. 1188, §1.*

##### **§ 40:454** Private cooperation and assistance {#sec-40-454 omnilex-key=us-la-statutes--rs-title-40--40:454}

A local housing authority may:

(1) Borrow money and accept grants and other forms of assistance, financial and otherwise, from private persons or entities in furtherance of the purposes of this Chapter except as expressly otherwise provided under this Chapter.

(2) Agree to and comply with all otherwise lawful requirements and conditions attached to the provisions of such assistance.

(3) Enter into contracts, agreements, joint ventures, partnerships, and arrangements of every kind and description with private persons and entities, nonprofit or for-profit, to acquire, create, manage, or operate housing developments, including, without limitation, mixed-income housing developments and housing developments benefitting persons of eligible income as defined in R.S. 40:384(21)(c), to supply services to the residents of such developments, and otherwise to engage in activities furthering the purposes of this Chapter.

(4) Undertake and perform all responsibilities and obligations of the authority under such arrangements as the authority determines to be necessary or desirable in connection therewith, provided that the same is not expressly prohibited by this Chapter.

*Acts 1997, No. 1188, §1.*

##### **§ 40:455** Management contracts {#sec-40-455 omnilex-key=us-la-statutes--rs-title-40--40:455}

A local housing authority may:

(1) Operate and manage housing developments owned or controlled by other housing authorities or public agencies, or other persons or entities, whether private or public and whether nonprofit or for-profit, if the authority determines that such action will further the purposes of this Chapter.

(2) Permit and provide for the operation and management of any development in which the authority holds an interest by a person or entity other than the authority, whether public or private and whether nonprofit or for-profit.

(3) Administer any program of, or provide services or assistance on behalf of, another housing authority or other public agency.

(4) Permit and provide for the management or administration of any of the authority's programs, assistance, or services by another housing authority or other public agency, or by any other person or entity, whether public or private and whether nonprofit or for-profit.

(5) Enter into and perform contracts and agreements relating to any such management or administration upon such terms and conditions, and in exchange for such compensation, if any, as the authority deems appropriate.

*Amended by Acts 1950, No. 401, §10; Acts 1956, No. 553, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:456** Security of persons and property {#sec-40-456 omnilex-key=us-la-statutes--rs-title-40--40:456}

A local housing authority may:

(1) Construct and operate facilities and programs to provide services of every kind and description, directly or by contract or agreement with others, for the maintenance of safety and security and the protection of persons and property at or near the authority's developments.

(2) Make, impose, and enforce rules and regulations for such purposes.

(3) Eject from such developments or other authority property, persons engaging in criminal activity and other unauthorized persons.

(4) Obtain injunctions, sanctions, and other legal relief for the temporary or permanent exclusion of such persons, as authorized in R.S. 40:510.

*Amended by Acts 1950, No. 401, §11; Acts 1997, No. 1188, §1.*

##### **§ 40:456.1** The Housing Authority of New Orleans; peace officers; appointment, duties, and powers {#sec-40-456.1 omnilex-key=us-la-statutes--rs-title-40--40:456.1}

A. The Housing Authority of New Orleans, referred to hereafter as HANO, may appoint and commission peace officers who shall enforce laws, rules, and regulations to secure the protection of persons, properties, or interests relating to HANO.

B. HANO's peace officers may carry weapons, concealed or exposed while in the performance of their duties, and shall take such action as is authorized by law, rule, or regulation to protect persons, properties, or interests relating to HANO. Such peace officers shall exercise regular police powers of the state granted to law enforcement officers, including but not limited to, enforcement of municipal laws, issuance of municipal summons and citations and with respect to criminal and other offenses affecting the protection of persons, properties, or interests relating to HANO or affecting the performance of their duties.

C. HANO's peace officers shall be P.O.S.T. certified in accordance to the Peace Officers Standard and Training Law.

D. HANO's peace officers shall prevent and detect crime, apprehend criminals, enforce the criminal and traffic laws of the state, keep the peace and good order in the state by the enforcement of the state's police powers, and perform any other related duties imposed upon them by the legislature.

*Acts 2011, No. 117, §1, eff. June 21, 2011.*

##### **§ 40:457** Resident organizations {#sec-40-457 omnilex-key=us-la-statutes--rs-title-40--40:457}

A local housing authority may:

(1) Assist in the formation and operation of resident organizations, including residential councils, resident management corporations, and other nonprofit entities controlled and operated by residents of the authority's developments.

(2) Lend monies to such resident organizations in such amounts and upon such terms and conditions as the authority deems appropriate.

(3) Enter into and perform contracts, agreements and arrangements with resident organizations for the management of housing developments and other facilities and properties and for the administration of programs, assistance, or services, and for other activities, all with respect to such matters and upon such terms and conditions as the authority may from time to time deem appropriate.

(4) Enter into partnerships, joint ventures, associations, or other arrangements with resident organizations in furtherance of the purposes of this Chapter. Such activities may include the formation and operation of business enterprises that provide employment and other benefits to residents of the authority's housing developments and others as elsewhere permitted under this Chapter.

*Acts 1997, No. 1188, §1.*

##### **§ 40:458** Facilities and programs to assist homeless persons {#sec-40-458 omnilex-key=us-la-statutes--rs-title-40--40:458}

A local housing authority may:

(1) Develop, acquire, own, renovate, lease, and operate facilities specifically intended to house and otherwise assist homeless persons, including without limitation shelters and transitional housing.

(2) Provide other assistance and services to homeless persons. Such housing and other assistance may be provided in such manner, upon such conditions, and for such duration as the local housing authority shall deem appropriate.

*Acts 1997, No. 1188, §1.*

##### **§ 40:459** Commercial activities {#sec-40-459 omnilex-key=us-la-statutes--rs-title-40--40:459}

A local housing authority may not engage in and carry on commercial activities. As used in this Section, "commercial activity" or "commercial activities" shall not include the acquisition, ownership, leasing, or operation of real property used by others for commercial purposes, which shall be governed by R.S. 40:441.

*Amended by Acts 1950, No. 401, §12; Acts 1997, No. 1188, §1.*

##### **§ 40:460** Benefit plans {#sec-40-460 omnilex-key=us-la-statutes--rs-title-40--40:460}

A local housing authority by itself, or in cooperation with others, including participation in a group or groups, may form, administer, operate, and purchase funds or plans, including but not limited to health care, health insurance, retirement or pension, and other plans, for the benefit of employees of the local housing authority and their families.

*Acts 1997, No. 1188, §1.*

##### **§ 40:461** Expenditure of public funds {#sec-40-461 omnilex-key=us-la-statutes--rs-title-40--40:461}

A local housing authority may expend public funds in any manner related to the exercise of the powers granted to a housing authority under this Chapter and otherwise existing under other applicable law.

*Acts 1997, No. 1188, §1.*

##### **§ 40:462** Memberships in associations {#sec-40-462 omnilex-key=us-la-statutes--rs-title-40--40:462}

A local housing authority may join and participate in organizations and associations, pay the costs, fees, and dues necessary to initiate and maintain such memberships, and participate in the activities of such organizations or associations.

*Acts 1997, No. 1188, §1.*

##### **§ 40:463** Grants, donations and contributions {#sec-40-463 omnilex-key=us-la-statutes--rs-title-40--40:463}

A local housing authority may grant or otherwise agree to provide funds, property, or services to others, and to enter into arrangements involving the same, in such manner and amount as the authority may deem appropriate if the authority determines such action will benefit residents or other persons of eligible income, or will otherwise further the purposes of this Chapter; provided such expenditures, property or services are provided in accordance with law and for a public purpose. Notwithstanding the foregoing, a housing authority may not engage in political activities and may not make any grant or contribution to any candidate for political office, any campaign committee or other organization advocating the election of a political candidate, or any political action committee or other organization whose principal activity involves political action or advocacy.

*Acts 1997, No. 1188, §1.*

##### **§ 40:464** Elimination or amelioration of slums and blight {#sec-40-464 omnilex-key=us-la-statutes--rs-title-40--40:464}

A local housing authority may take all actions necessary or desirable to eliminate or ameliorate slums and conditions of blight within a local housing authority's area of operation.

*Amended by Acts 1950, No. 401, §13; Acts 1997, No. 1188, §1.*

##### **§ 40:465** Pre-existing powers {#sec-40-465 omnilex-key=us-la-statutes--rs-title-40--40:465}

A local housing authority may have and exercise any power not enumerated in this Chapter which a housing authority possessed immediately prior to August 15, 1997.

*Acts 1997, No. 1188, §1.*

##### **§ 40:466** Mixed-income development {#sec-40-466 omnilex-key=us-la-statutes--rs-title-40--40:466}

A. With respect to any mixed-income housing development that is solely financed or owned by a local housing authority, not more than eighty percent of the dwelling units in such development may be occupied by persons who are not persons of eligible income.

B. With respect to any mixed-income housing development that is not solely owned or financed by a local housing authority, the proportion of the development that is intended to be affordable to persons of eligible income shall be equal to or greater than the proportion of financial resources for the development which are provided by the local housing authority, such proportion to be determined in accordance with such reasonable method as shall be adopted by the authority. Such proportion may be based upon a proportion of dwelling units, bedrooms, square footage, or any other criteria deemed reasonable and appropriate by the local housing authority. The determination of such proportion shall take into account any special benefits accruing to an authority by virtue of its status as such, including, among other things:

(1) The capital value of all subsidies and other assistance provided by the authority or by other public sources on behalf of the authority.

(2) Tax exemptions available because of the authority's participation.

(3) Interest savings attributable to tax exempt financing or to below market interest rates that are available because of the participation of the local housing authority or the presence in the development of dwelling units to be occupied by persons of eligible income.

C. A local housing authority may determine the period during which any unit shall be designated for occupancy only by persons of eligible income.

D. Dwelling units in a mixed-income development that are designated for occupancy by persons of eligible income need not be particular units that are permanently so designated, and the physical location of the units so designated may change from time to time.

*Acts 1997, No. 1188, §1.*

##### **§ 40:467** Bonds and other debt instruments, financing {#sec-40-467 omnilex-key=us-la-statutes--rs-title-40--40:467}

All bonds, notes, bond anticipation notes, notes in the nature of commercial paper, or other instruments, certificates or evidence of indebtedness or obligations issued under this Chapter prior to August 15, 1997, are hereby declared to be valid, legal, binding, and enforceable obligations to the extent of the obligation as provided in any such bonds, notes, instruments, certificates or evidences of indebtedness, and the proceedings relating to the issuance thereof. This Chapter, as it existed immediately prior to August 15, 1997, shall continue to govern all rights and obligations existing under any bonds issued or authorized by a housing authority of this state prior to August 15, 1997. This Section shall be deemed not to have been repealed by the enactment of Parts I, II, and III of this Chapter, with respect to all such bonds. Notwithstanding the foregoing, all obligors and all obligees may agree in writing that any bonds of a housing authority which are outstanding or authorized on August 15, 1997, shall be governed by this Chapter.

*Amended by Acts 1950, No. 401, §14; Acts 1997, No. 1188, §1.*

##### **§ 40:468** Issuance of bonds; means for payment {#sec-40-468 omnilex-key=us-la-statutes--rs-title-40--40:468}

On or after August 15, 1997, a housing authority may issue bonds under this Chapter from time to time in its discretion, upon such terms and conditions as it shall deem necessary or desirable, for any purpose permitted under this Chapter. A housing authority may also issue refunding and advance refunding bonds for the purpose of paying or retiring bonds previously issued by it. This Section, without reference to other statutes of the state, shall constitute full and complete authority for the authorization, issuance, delivery, and sale of bonds hereunder, and such authorization, issuance, delivery, and sale shall not be subject to any conditions, restrictions, or limitations imposed by any other law.

*Acts 1997, No. 1188, §1.*

##### **§ 40:469** Liability on bonds; debt limitations {#sec-40-469 omnilex-key=us-la-statutes--rs-title-40--40:469}

A. Neither the commissioners of a housing authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.

B. The bonds and other obligations of a housing authority shall not be a debt of the municipality or parish, the state, or any public agency thereof, and the bonds and obligations shall so state on their face. Except as the state, or a municipality, parish, or other public agency shall otherwise expressly agree, and further except as the bonds of a housing authority, duly authorized by such agreement, shall specifically and directly otherwise provide, neither the state, nor any municipality or parish, nor any public agency other than the housing authority issuing the bonds shall be liable thereon. Nor, in any event, shall such bonds or obligations be payable out of any funds or properties other than those of such issuing housing authority or any guarantor or insurer of such authority.

C. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

*Acts 1997, No. 1188, §1.*

##### **§ 40:470** Issuance of bonds; type, form and sale of bonds {#sec-40-470 omnilex-key=us-la-statutes--rs-title-40--40:470}

A. Bonds of a housing authority shall be authorized by a resolution adopted by a vote of a majority of the board of commissioners.

B. The bonds may be issued in one or more series and shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payments, at such places, and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture or mortgage may provide. Bonds of a housing authority may be issued in zero coupon form or subject to federal taxation of interest thereon if the resolution authorizing issuance so provides.

C. The bonds may be sold at public sale held after notice prior to such sale promulgated in such manner as the authority shall deem appropriate or, if the resolution authorizing issuance of the bonds so provides, they may be sold on a negotiated basis or at private sale without any public advertisement. At the discretion of the housing authority, the bonds may be sold at par, or at any discount or premium, as the resolution authorizing them provides. A housing authority issuing bonds may enter into such agreements and arrangements with third parties for the marketing of its bonds as it shall deem appropriate.

*Acts 1997, No. 1188, §1.*

##### **§ 40:471** Signatures validated, presumption of validity of bond {#sec-40-471 omnilex-key=us-la-statutes--rs-title-40--40:471}

A. In case any of the representatives of the housing authority whose signatures appear on any bonds or coupons cease to be commissioners, officers, or agents of the issuing authority before the delivery of such bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the representatives had remained in office until delivery. Any law to the contrary notwithstanding, bonds issued pursuant to this Chapter are fully negotiable.

B. No suit, action, or proceeding involving the validity or enforceability of any bond of a housing authority may be commenced after delivery of the bond. In any suit, action, or proceeding involving the validity or enforceability of any bond of a housing authority or the security therefor, any such bond reciting in substance that it has been issued by the housing authority to aid in financing a development or activity furthering the purposes of this Chapter is conclusively deemed to have been issued in accordance with this Chapter, and any development financed thereby and with respect to which such recitation made shall be conclusively deemed to have been planned, located, and constructed in accordance with this Chapter.

*Amended by Acts 1950, No. 401, §15; Acts 1997, No. 1188, §1.*

##### **§ 40:472** Powers of housing authority; securing payment of bonds or lease obligations {#sec-40-472 omnilex-key=us-la-statutes--rs-title-40--40:472}

A. In connection with the issuance of bonds or the incurring of obligations and in order to secure the payment of such bonds or obligations, a housing authority may:

(1) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or thereafter comes into existence.

(2) Mortgage its real or personal property, then owned or thereafter acquired.

(3) Covenant and agree against pledging all or any part of its returns, fees, and revenues, or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property.

(4) Covenant and agree with respect to limitations on its right to sell, lease, or otherwise dispose of any development or any part thereof.

(5) Covenant and agree as to what other or additional debts or obligations may be incurred by it.

(6) Covenant and agree as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof.

(7) Provide for the replacement of lost, destroyed, or mutilated bonds.

(8) Covenant and agree against extending the time for the payment of its bonds or interest thereon.

(9) Redeem the bonds and covenant for their redemption and provide the terms and conditions thereof.

(10) Covenant and agree, subject to the limitations of this Chapter, as to the rents and fees to be charged in the operation of a development or developments, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made thereof.

(11) Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of the monies held in such funds.

(12) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the minimum required amount of bonds that must be held by holders consenting to an amendment or abrogation in order to authorize the same, and the manner in which such consent may be given.

(13) Covenant and agree as to the use, maintenance, and replacement of its real and personal property, the insurance to be carried thereon and the use and disposition of insurance monies.

(14) Covenant and agree as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation.

(15) Covenant, agree, and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

(16) Vest in a trustee or trustees of the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds.

(17) Vest in a trustee or trustees the right, in the event of a default by the authority, to take possession and use, operate, and manage any housing development or part thereof, and to collect the rents and revenues arising therefrom and to dispose of such monies in accordance with the agreement of the housing authority with the trustee.

(18) Provide for the powers and duties of the trustee and to limit their liabilities.

(19) Provide the terms and conditions upon which the trustee or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.

(20) Purchase letters of credit, bond insurance, or any other credit enhancement device that would establish or increase marketability of its bonds.

(21) Pay its obligations with income, revenues, or loan repayments of the development financed with the proceeds of such obligations, or with such proceeds together with a grant from the federal government, or this state, or any public agency thereof, in aid of such development.

(22) Exercise all or any part or combination of the powers granted in this Section.

(23) Make covenants and agreements other than and in addition to the covenants expressly authorized in this Section, of like or different character.

(24) Make any covenants and agreements and do any acts and things necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of said authority, to assure the marketability of its bonds, although the covenants, acts or things are not enumerated in this Section.

B. A local housing authority may waive any one or more of the powers stated in this Section; however, any such waiver shall be by resolution duly adopted by the affirmative vote of a majority of the board, which resolution shall set forth the particular circumstances which, in the judgment of the housing authority warrant such waiver.

*Amended by Acts 1950, No. 401, §16; Acts 1997, No. 1188, §1.*

##### **§ 40:473** Short-term bond anticipation notes {#sec-40-473 omnilex-key=us-la-statutes--rs-title-40--40:473}

A. A housing authority may borrow money for the purposes for which its bonds are to be issued in anticipation of the receipt of proceeds from the sale of such bonds and within the authorized maximum of such bond issue.

B. Bond anticipation notes shall be issued for all monies borrowed under this Section. Such notes may be issued for a period not exceeding five years and may be renewed from time to time for periods not exceeding one year, but each such note, including renewals, shall mature and be paid not later than five years after the date on which the original note was issued. Such notes shall be authorized by resolution of the board of commissioners of the housing authority and shall be in such denomination or denominations, shall bear interest at such rate or rates, shall be in such form, and shall be executed in such manner, as said board of commissioners shall prescribe. Such notes may be sold at public or private sale in the manner and at such price or prices or for such other consideration, including real or personal property, as the authority shall determine, provided that if such notes be renewal notes, they may be exchanged for notes then outstanding on such terms as the authority shall determine.

*Amended by Acts 1950, No. 401, §17; Acts 1997, No. 1188, §1.*

##### **§ 40:474** Underwriter as agent {#sec-40-474 omnilex-key=us-la-statutes--rs-title-40--40:474}

A. In connection with the issuance of any bonds that are to be sold in a public offering, the participating institution and the underwriter of such bonds shall be the housing authority's designated agents for the purpose of preparing all disclosure materials and otherwise ensuring that all requirements of federal and state laws are fully complied with in connection with such offering. The participating institution and such underwriter shall accept such appointment in writing and shall, unless such requirement is expressly waived by the local housing authority, agree to indemnify and hold harmless the housing authority, its representatives, and the state and its public agencies and their respective officials, officers and employees from any and all claims, losses or damages, howsoever arising, resulting from inaccurate, incomplete, false or misleading statements contained in such disclosure materials, except those provided to the participating agency or underwriter by the housing authority or from failure to comply in any respect with the requirements of federal or state laws.

B. As used in this Section, "public offering" means any offering of bonds other than a private placement with a single financial institution, and "underwriter" means any person conducting such public offering as managing underwriter, senior managing underwriter, placement agent, or lead financial institution in a placement involving several financial institutions, or other such person or entity playing a similar role.

*Amended by Acts 1950, No. 401, §18; Acts 1997, No. 1188, §1.*

##### **§ 40:475** Enforcing rights of obligee of a housing authority {#sec-40-475 omnilex-key=us-la-statutes--rs-title-40--40:475}

An obligee of a housing authority, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may:

(1) By mandamus or other action or proceeding for legal or equitable remedies, compel the housing authority and its representatives to perform each and every term, provision, and covenant contained in any contract of the housing authority with or for the benefit of such obligee, and require the carrying out of all covenants and agreements of the housing authority and the fulfillment of all duties imposed upon the housing authority by this Chapter.

(2) By action or proceeding, enjoin any acts or things which may be unlawful, or the violation of any rights of the obligee.

*Acts 1997, No. 1188, §1.*

##### **§ 40:476** Power of housing authority to confer additional rights upon obligee {#sec-40-476 omnilex-key=us-la-statutes--rs-title-40--40:476}

A. A housing authority, by its resolution, trust indenture, mortgage, lease, or other contract, may in its discretion elect to confer upon any obligee holding or representing a specified amount in bonds or other instruments, or holding a lease, such rights as the housing authority determines are necessary or desirable in order to generate revenues or which it otherwise deems to be in its best interests and in furtherance of its purposes. Such rights, which shall be exercisable upon the happening of an event of default as defined in such resolution or instrument, are cumulative of all rights otherwise conferred and may, in the authority's discretion, include any one or more of the following rights, which shall be enforceable by suit, action or proceeding in any court of competent jurisdiction, the right to:

(1) Cause possession of any housing development of any part thereof to be surrendered to an obligee.

(2) Obtain the appointment of a receiver for any housing development or part thereof and of the rents and profits therefrom. If a receiver is appointed, the receiver may enter and take possession of the housing development or any part thereof and operate and maintain it and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such monies in separate accounts and apply them in accordance with the obligations of the housing authority as the court directs.

(3) Require the housing authority to account as if it were the trustee of an express trust.

(4) Provide that, after foreclosure sale of the security therefor, the obligee shall be permitted to obtain a judgment or decree for any deficiency due on the indebtedness secured thereby and issue execution on the credit of the housing authority. In such event, except with respect to any property developed with funds provided by the federal government, which shall not be subject to levy pursuant to any deficiency judgment unless the federal government shall have otherwise authorized, such deficiency judgment or decree shall be a lien and charge upon the property of the housing authority, which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment or decree. At any such sale of the property by an obligee, either the authority or any municipality or parish with respect to which such authority has been established may purchase the property affected, or it or they may, prior to the institution of a foreclosure action or proceeding, or during such action or proceeding, make such payment or take such other steps as may be necessary to cure any defaults that may have occurred and such steps as may be necessary to protect the property of the authority or the public interest.

B. If conferred, these rights and remedies of the obligee are cumulative and in addition to all other rights and remedies that may be conferred upon him by law or by any contract with the authority.

*Amended by Acts 1950, No. 401, §19; Acts 1997, No. 1188, §1.*

##### **§ 40:477** Investment in bonds and authorized for public funds, financial institutions, trusts and fiduciaries {#sec-40-477 omnilex-key=us-la-statutes--rs-title-40--40:477}

The state and all public agencies therein, all banks, bankers, trust companies, savings banks, and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any monies or funds belonging to them or within their control in any bonds or other obligations issued by a housing authority, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this Chapter to authorize any of the foregoing to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; however, nothing in this Chapter shall be construed as relieving any person, firm, or corporation from any duty or exercising reasonable care in selecting securities. This Chapter shall apply notwithstanding any restrictions on investments contained in other laws.

*Acts 1997, No. 1188, §1.*

##### **§ 40:478** Issuance of debt instruments other than bonds {#sec-40-478 omnilex-key=us-la-statutes--rs-title-40--40:478}

A. In addition to borrowing authorized under R.S. 40:431 and the issuance of bonds under R.S. 40:470, a housing authority may also issue notes, debt certificates, certificates of participation, and other debt or equity instruments, of every kind and description, for the purpose of generating funds to carry out the purposes of this Chapter.

B. Such notes, certificates, or instruments may be issued for such consideration, in such amounts, and upon such terms and conditions as the authority shall deem appropriate, consistent with the requirements of R.S. 40:489.

C. The limitation on liability set forth with respect to bonds in R.S. 40:469 shall also be applicable with respect to any such notes, certificates, or instruments.

D. The housing authority may offer such notes, certificates, or instruments at public or private sale and may enter into such contracts, agreements, and arrangements relating to such sale as it shall deem appropriate.

*Amended by Acts 1950, No. 401, §21; Acts 1960, No. 461, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:479** Taxability of bonds and other debt instruments {#sec-40-479 omnilex-key=us-la-statutes--rs-title-40--40:479}

All bonds, notes, certificates, and other instruments evidencing indebtedness of a housing authority or any subsidiary thereof or conveying an equity participation in any development of a local housing authority or any subsidiary thereof are deemed to be issued for an essential public and governmental purpose and shall be free of taxation of any kind by this state and its public agencies unless the authority issuing such bonds, notes, certificates, or other instruments shall elect that they be taxable. Any such election shall apply only to the specific issue of bonds, notes, certificates, or other instruments with respect to which such election is expressly made.

*Amended by Acts 1950, No. 401, §22; Acts 1997, No. 1188, §1.*

##### **§ 40:480** Essential governmental purpose {#sec-40-480 omnilex-key=us-la-statutes--rs-title-40--40:480}

All bonds, notes, certificates, and other instruments evidencing indebtedness or conveying equity participations issued by a local housing authority or any subsidiary thereof are deemed to be issued for an essential governmental purpose.

*Acts 1997, No. 1188, §1.*

##### **§ 40:481** Issuance of debt instruments on behalf of others {#sec-40-481 omnilex-key=us-la-statutes--rs-title-40--40:481}

A local housing authority may issue bonds, notes, certificates, or other instruments evidencing indebtedness on behalf of others to carry out any purpose authorized by this Chapter.

*Added by Acts 1950, No. 401, §23. Amended by Acts 1997, No. 1188, §1.*

##### **§ 40:482** Limitations on housing authority powers; not-for-profit operation {#sec-40-482 omnilex-key=us-la-statutes--rs-title-40--40:482}

The operation of housing developments and the other activities permitted to be undertaken by a local housing authority under this Chapter and all income, fees, or revenues derived or generated therefrom and belonging to such local housing authority are for public use and purposes, are not used or held for profit and are governmental functions of state concern. No income, fees, and revenues received by a local housing authority, from whatever source, shall be used as a source of revenue for any municipality or parish establishing said local housing authority or for any other public agency, nor shall any net income, fees, or net revenues be considered profit, but all of the same shall be utilized in the furtherance of the maintenance and enhancement of an adequate supply of decent, safe, and sanitary housing that is affordable to persons of eligible income and for other purposes contemplated by this Chapter.

*Acts 1997, No. 1188, §1.*

##### **§ 40:483** Method of operation {#sec-40-483 omnilex-key=us-la-statutes--rs-title-40--40:483}

A local housing authority shall conduct its affairs in accordance with sound financial and business practices, taking into account the nature of its activities and intended purpose. Further, it shall operate its housing developments in a manner calculated to enable the authority to fix rentals for dwelling accommodations for persons of eligible income at low rates consistent with its acting in a fiscally responsible manner and providing affordable, decent, safe, and sanitary dwelling accommodations for said persons. Therefore, a local housing authority shall establish and charge rents no higher than it shall determine to be necessary to produce revenue which, together with all other available money, revenue, income, and receipts of the authority, from whatever source derived, will be sufficient to:

(1) Pay, when due, all indebtedness of the authority.

(2) Pay all administrative and other costs of operating the authority's developments and programs of assistance.

(3) Pay the administrative and other costs of the maintenance, rehabilitation, renovation, repair, and replacement of the authority's developments and other property.

(4) Otherwise carry out its purposes under this Chapter, including acquiring or creating additional housing developments and acquiring or improving property for other purposes authorized under this Chapter, including community facilities, commercial facilities, mixed income and mixed use developments and all other facilities and developments authorized by this Chapter.

(5) Pay the costs of insurance, including the cost of claims, liabilities, losses, and other expenses incurred in connection with any self-insurance programs.

(6) Provide funds for all required payments in lieu of taxes.

(7) Make all payments required under and otherwise fully perform the authority's obligations under any contract, agreement, or arrangement entered into by the authority, including without limitation those required in connection with any partnership or joint venture entered into by the authority.

(8) Perform the terms of any commitment or guarantee issued or given by the authority.

(9) Provide a reasonable return on the value of the property so as to enable the housing authority to continue to fulfill its duties, including but not limited to the acquisition of additional housing developments, land acquisition, acquisition or construction of buildings, equipment, facilities or other real or personal property for public purposes, including parks or other recreational, educational, welfare or community facilities within its own area of operation.

(10) Accommodate economic factors which affect the financial stability and solvency of the authority's developments and programs.

(11) Pay the cost of actions occasioned by natural disasters and other emergencies.

(12) Create and maintain operating and capital reserves that are reasonable and adequate to ensure the authority's ability to make all payments referred to in this Section and any other matter with respect to which the authority, in its discretion reasonably exercised, determines that the creation and maintenance of a reserve is appropriate. Nothing herein shall be construed to limit the amount which a housing authority may charge for non-dwelling facilities or for dwelling facilities that are not rented to persons of eligible income.

*Acts 1997, No. 1188, §1.*

##### **§ 40:484** Use of income or surplus {#sec-40-484 omnilex-key=us-la-statutes--rs-title-40--40:484}

All income, surplus, and payments received by a local housing authority, or to which such authority shall become entitled, shall be used for carrying out the purposes of this Chapter.

*Acts 1997, No. 1188, §1.*

##### **§ 40:485** Application of policies {#sec-40-485 omnilex-key=us-la-statutes--rs-title-40--40:485}

A local housing authority shall not apply its policies, rules, procedures, criteria, requirements, and exclusions with respect to eligibility of applicants, granting assistance, or enforcing standards relating to occupancy or continuance of assistance in an arbitrary or capricious manner.

*Acts 1997, No. 1188, §1.*

##### **§ 40:486** Rights of action {#sec-40-486 omnilex-key=us-la-statutes--rs-title-40--40:486}

Nothing contained in this Chapter shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with any failure of a housing authority to exercise any one or more of its discretionary powers.

*Acts 1997, No. 1188, §1.*

##### **§ 40:487** Affiliates, applicability of certain laws {#sec-40-487 omnilex-key=us-la-statutes--rs-title-40--40:487}

A. Affiliates of housing authorities shall not, by virtue of their affiliation with such local housing authorities, become subject to the laws of this state applicable to public agencies and their governing bodies, including but not limited to laws pertaining to open meetings, minimum wage rates applicable to government contracts and employees, if any, procurement of goods and services, and laws relating to public employees.

B. Notwithstanding any provision of Subsection A of this Section to the contrary, affiliates of housing authorities shall be subject to the Public Records Law. For the purposes of the Public Records Law, affiliates of housing authorities shall be considered public bodies.

Acts 1997, No. 1188, §1; Acts 2011, No. 79, §1.

NOTE: See Acts 2011, No. 79, second §2, regarding applicability of Subsection B.

##### **§ 40:488** Recourse obligations and cross-collateralization {#sec-40-488 omnilex-key=us-la-statutes--rs-title-40--40:488}

No guaranty, other recourse obligation, mortgage, or security instrument, or other instrument (recourse instrument) given or entered into by a housing authority in connection with financing the acquisition, creation, modernization, rehabilitation, or replacement of a development, which exposes to foreclosure, loss, or levy any property of the housing authority other than the development being acquired, created, modernized, rehabilitated, or replaced with the proceeds of such financing shall be given or entered into, unless the authority's board of commissioners shall have specifically approved such action by resolution which finds that such action:

(1) Is necessary and essential to acquiring the financing with respect to which such recourse instrument is given or entered into.

(2) Will not unreasonably expose to loss or foreclosure property of the authority other than the development for which financing will be used.

(3) Is prudent and sound as required under R.S. 40:489.

(4) Is commercially reasonable, taking into account the characteristics of the transaction in which such recourse instrument would be given and its relative benefits and potential costs to the authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:489** Financial prudence {#sec-40-489 omnilex-key=us-la-statutes--rs-title-40--40:489}

Local housing authorities shall conduct their financial affairs in a prudent and sound manner.

*Acts 1997, No. 1188, §1.*

##### **§ 40:490** Tax exemption {#sec-40-490 omnilex-key=us-la-statutes--rs-title-40--40:490}

A. All evidences of indebtedness of an authority are issued for a public purpose, are public instrumentalities, and, together with the interest and income thereon, are exempt from taxes. An authority is exempt from the payment of any taxes or fees to the state or any subdivision thereof or to any officer or employee of the state or any subdivision thereof. The property of an authority is exempt from all taxes of the municipality or parish and from all other local taxes.

B. However, except in the parish of East Baton Rouge, unless otherwise provided in Subsection C of this Section, the municipality or parish may:

(1) Fix a sum which shall be paid to it annually by an authority for each housing project located therein;

(2) Agree with an authority or government upon the sum to be paid by the authority for any year or years for a housing project or projects located therein;

(3) Accept or agree to accept a fixed sum or other consideration in lieu of any such payment for any year or years; or

(4) Agree that the authority shall not pay or be liable to pay any sum for housing projects located therein.

C. Notwithstanding the provisions of Subsection B of this Section, the parish of East Baton Rouge and any municipality or school board in that parish may exercise any of the powers granted in Subsection B of this Section. A housing authority in the parish of East Baton Rouge shall make payments in lieu of taxes to a school district in which the housing authority is located.

*Amended by Acts 1985, No. 317, §1, eff. July 9, 1985; Acts 2003, No. 1163, §1; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.*

##### **§ 40:491** Repealed by Acts 1997, No. 1188, §2. {#sec-40-491 omnilex-key=us-la-statutes--rs-title-40--40:491}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:492** Repealed by Acts 1997, No. 1188, §2. {#sec-40-492 omnilex-key=us-la-statutes--rs-title-40--40:492}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:493** Repealed by Acts 1997, No. 1188, §2. {#sec-40-493 omnilex-key=us-la-statutes--rs-title-40--40:493}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:494** Repealed by Acts 1997, No. 1188, §2. {#sec-40-494 omnilex-key=us-la-statutes--rs-title-40--40:494}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:495** Repealed by Acts 1997, No. 1188, §2. {#sec-40-495 omnilex-key=us-la-statutes--rs-title-40--40:495}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:496** Repealed by Acts 1997, No. 1188, §2. {#sec-40-496 omnilex-key=us-la-statutes--rs-title-40--40:496}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:497** Repealed by Acts 1997, No. 1188, §2. {#sec-40-497 omnilex-key=us-la-statutes--rs-title-40--40:497}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:498** Repealed by Acts 1997, No. 1188, §2. {#sec-40-498 omnilex-key=us-la-statutes--rs-title-40--40:498}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:499** Repealed by Acts 1997, No. 1188, §2. {#sec-40-499 omnilex-key=us-la-statutes--rs-title-40--40:499}

*Repealed by Acts 1997, No. 1188, §2.*

#### **SUBPART E** OPERATION OF HOUSING AUTHORITIES

##### **§ 40:500** Tenant-housing authority relationship {#sec-40-500 omnilex-key=us-la-statutes--rs-title-40--40:500}

Except as otherwise provided in this Chapter with respect to mixed-income developments or otherwise permitted by law, dwelling units in a local housing authority's developments shall be rented only to households consisting of persons of eligible income at the time of their initial occupancy of such units. Notwithstanding any other provision of law, a local housing authority may allow police officers and maintenance and management employees, not otherwise eligible for residence, to reside in dwelling units in a local housing authority's developments.

*Acts 1997, No. 1188, §1.*

##### **§ 40:501** Selection and preferences {#sec-40-501 omnilex-key=us-la-statutes--rs-title-40--40:501}

A. Each housing authority shall adopt and promulgate policies establishing a plan for selection of applicants. The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification, and procedures for maintaining a waiting list of eligible applicants for whom vacancies are not immediately available. Eligible applicants shall be offered available vacancies as provided in said policies. Such policies and plans may, but shall not be required to, include:

(1) That a local housing authority may deny a lease, right of occupancy, or any other assistance to any person, including the family or household of such person, if it determines that such person or any member of such person's household either:

(a) Has committed any fraud or made any misrepresentation or omission deemed material by the local housing authority in connection with any application for assistance.

(b) Has committed any fraud or made any misrepresentation or omission deemed material by the local housing authority in connection with any previous application for any public assistance or in connection with any determination or redetermination of eligibility therefor.

(c) Possesses a personal history which exhibits violent, disruptive, antisocial, or criminal behavior, with or without criminal convictions, which, in the determination of the authority, renders such person unsuitable for occupancy or receipt of assistance.

(d) Because of a history of poor credit or housekeeping or other deficient behavior, is otherwise likely to fail in meeting all lease terms, authority rules and regulations, or other requirements of occupancy or of the authority's program of assistance.

(2) Preferences to give priority to persons displaced by public or private action, to families of veterans and servicemen, to families whose members are gainfully employed, to citizens of the United States or this state, to persons with disabilities or who are elderly and such other preferences, as well as priorities within each preference category, as the local housing authority deems appropriate.

(3) Occupancy standards that provide for offering available units only to families of appropriate size and such other standards relating to occupancy and tenant conduct as the local housing authority deems appropriate.

B. Without limiting the foregoing, the local housing authority may further limit the offering of available units to families of appropriate qualifications in order to comply with state or federal law or regulations or contractual agreements with governmental agencies pursuant to such law or regulations.

C. Nothing contained in this Section shall prevent a housing authority from suspending processing of applications of persons of eligible income unlikely to be offered units within a reasonable time after initial application as determined by the authority or requiring annual renewal of applications.

*Acts 1997, No. 1188, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:502** Differing criteria, requirements, or standards {#sec-40-502 omnilex-key=us-la-statutes--rs-title-40--40:502}

Nothing contained in this Chapter shall limit the ability of any local housing authority to establish and apply different criteria or requirements with respect to admissions and occupancy, to utilize different methods of establishing and charging rents, or to impose different occupancy standards for different developments or portions thereof or with respect to recipients of assistance in any program designed or intended to differentiate between individual recipients on the basis of their circumstances, actions, or characteristics.

*Acts 1997, No. 1188, §1.*

##### **§ 40:503** Continued occupancy after termination of eligibility {#sec-40-503 omnilex-key=us-la-statutes--rs-title-40--40:503}

Households who are already in occupancy or are receiving assistance but who become ineligible for occupancy or other assistance may continue their occupancy or receipt of other assistance at the discretion of the local housing authority for such period, upon such terms and conditions, and, in the case of continued occupancy, in exchange for such rent, not less than any applicable minimum rent, as the authority shall determine to be appropriate.

*Acts 1992, No. 580, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:504** Lease {#sec-40-504 omnilex-key=us-la-statutes--rs-title-40--40:504}

The local housing authority may require that each household occupying a dwelling unit enter into a lease containing such terms and conditions and for such duration as the authority reasonably deems appropriate. No tenant or lessee of, or recipient of assistance from, a local housing authority shall have any right to the renewal of any lease, tenancy, right of occupancy or assistance, except as expressly agreed by the authority. All members of the household who are permitted to reside in a dwelling unit must be identified in any lease of a dwelling.

*Acts 1997, No. 1188, §1.*

##### **§ 40:505** Change in family composition {#sec-40-505 omnilex-key=us-la-statutes--rs-title-40--40:505}

In the event of a change in the composition of tenant household, the local housing authority may determine which member or members of the household are entitled to continued occupancy for the unexpired lease term or periodic tenancy. A local housing authority may adopt such rules and procedures governing such determinations as it deems appropriate.

*Acts 1997, No. 1188, §1.*

##### **§ 40:506** Termination of tenancy {#sec-40-506 omnilex-key=us-la-statutes--rs-title-40--40:506}

A. Except as expressly provided herein, the landlord tenant relationship, and the termination thereof, is governed by state law applicable to privately owned, residential property.

B. Without limiting the foregoing, a local housing authority may terminate the tenancy of a household or a resident or terminate any other assistance provided by the authority for either:

(1) Any unlawful drug-related activity or other criminal behavior on the part of a recipient or head of household or any member of the household, including any child who is a member thereof, or on the part of any guest or invitee of a member of the household, notwithstanding that the head of household or any other member of the household either:

(a) Was unaware of the misconduct constituting the ground for termination of tenancy.

(b) Did not approve or participate in such misconduct.

(c) Was not personally at fault in connection with such misconduct.

(2) Commission of any fraud or any misrepresentation or omission on the part of any recipient of assistance or member of a resident household in connection with any application for assistance or any determination or redetermination of eligibility therefor, or in connection with any investigation or determination of the local housing authority regarding compliance by the household with the terms of any lease or the authority's rules and regulations.

(3) Any other violation of one or more provisions of any lease, or agreement with the local housing authority to which a recipient of assistance or a resident is a party, or any of the authority's rules or regulations, duly promulgated.

C. Criminal conviction shall not be a requirement or prerequisite to any termination of lease, tenancy, or other assistance which termination is based upon criminal misconduct, nor shall any standard of proof greater than a preponderance of the evidence be applicable in any proceeding involving such termination of lease, tenancy, or other assistance.

D.(1) The local housing authority may not terminate the tenancy of a household or a resident or terminate any other assistance provided by the authority under Paragraph (B)(1) of this Section for reasons of domestic abuse, dating violence, or family violence committed against the head of household, a member of household, or a resident. The local housing authority may terminate the tenancy of or any other assistance provided to the perpetrator of the domestic abuse, dating violence, or family violence.

(2) For purposes of Paragraph (B)(1) of this Section, no person may be considered a guest or invitee of a member of a household without the consent of the head of household or a member of household. Consent is automatically withdrawn when a guest or invitee is a perpetrator of an act of domestic abuse, dating violence, or family violence.

(3) As used in this Subsection:

(a) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).

(b) "Dating violence" has the meaning as defined in R.S. 46:2151(C).

(c) "Family violence" has the meaning as defined in R.S. 9:362(3).

*Acts 1997, No. 1188, §1; Acts 2004, No. 444, §1, eff. June 24, 2004.*

##### **§ 40:507** Community participation {#sec-40-507 omnilex-key=us-la-statutes--rs-title-40--40:507}

A. A local housing authority may require, as a condition to granting or continuing any assistance, that residents and other recipients of such assistance participate in activities for community and neighborhood betterment. Such conditions of assistance may require the performance of work in and around the authority's developments for the maintenance or improvement thereof, the performance of services to benefit residents or others, or work performed elsewhere in the community. Such requirements may vary among individual residents or other recipients of assistance.

B. In establishing conditions of assistance and determining the requirements applicable to individual recipients thereof, local housing authorities shall take into account such individual circumstances as the authority deems appropriate in order to assure that, in the authority's judgment, the requirements are reasonably applied. Individual circumstances so taken into account may include, without limitation, age, disability, and employment status.

C. A local housing authority may require, as a prerequisite to granting assistance, including any lease or right of occupancy of a dwelling unit, that the resident or recipient enter into a tenant participation plan or other similar agreement which sets forth the conditions of assistance and provides for the discontinuance of tenancy or other assistance in the event of the failure of the resident or recipient to satisfy such conditions.

D. Except as and to the extent a local housing authority shall specifically and expressly agree in writing to the contrary, the community participation activities of a resident or other recipient of assistance contemplated by this Section shall not create, for any purpose, a legal relationship of agent/principal or employee/employer between the person performing such community participation activities and the local housing authority requiring such participation or any other public agency for whose benefit such activities may be carried out.

*Acts 1950, No. 401, §29; Acts 1997, No. 1188, §1.*

##### **§ 40:508** Property of housing authorities; limitation on access {#sec-40-508 omnilex-key=us-la-statutes--rs-title-40--40:508}

In order to protect the safety and security of its property and to protect the right of its residents and other tenants to the quiet enjoyment of their property, and the safety and security of their persons and property, a local housing authority may, in addition to any other power or authority contained in this Chapter, limit access to any development or other authority property by persons who are not any of the following: residents or their permitted guests, or employees of the local housing authority, its guests, law enforcement officers, or other persons conducting official business.

*Acts 1986, No. 637, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:509** Identification of persons {#sec-40-509 omnilex-key=us-la-statutes--rs-title-40--40:509}

A local housing authority may establish and implement such regulations, procedures, and systems as it deems appropriate for the identification of persons and vehicles present on its developments or other property. Such rules, procedures, and systems may include but shall not be limited to requirements for personal identification cards, guest registration and identification, registration of vehicles, restricted pedestrian and vehicular access, and other measures for verification that persons present upon the authority's developments or property are entitled to be so present.

*Added by Acts 1989, No. 169, §1, eff. June 22, 1989. Acts 1997, No. 1188, §1.*

##### **§ 40:510** Exclusion or ejection of unauthorized persons {#sec-40-510 omnilex-key=us-la-statutes--rs-title-40--40:510}

Persons who are present on the developments or other property of the authority, and who are not residents, their guests, or employees of the local housing authority, its guests, law enforcement officers, or others conducting official business, may be excluded from such premises by the local housing authority, and, if said persons shall refuse to leave, after first being requested to do so, said persons shall be considered trespassers who shall be subject to an applicable state or local trespass law. Additionally, and without limiting the foregoing, the local housing authority may obtain injunctions for the temporary or permanent exclusion of such persons from authority property.

*Acts 1990, No. 467, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:511** Law cumulative {#sec-40-511 omnilex-key=us-la-statutes--rs-title-40--40:511}

Notwithstanding any other provision of this Chapter to the contrary, R.S. 40:508 through 510 shall be cumulative of any other laws of this state relating to civil or criminal trespass, unauthorized entry upon property, or the exclusion or ejection of unauthorized persons from public or private property, all of which laws shall, in addition to R.S. 40:508 through 510, remain applicable to local housing authorities and their developments and property. A local housing authority may elect to exercise its rights under this Section without waiver of its rights or remedies under any other applicable provision of law, and vice versa.

*Acts 1997, No. 1188, §1.*

##### **§ 40:512** Annual reports of local housing authorities {#sec-40-512 omnilex-key=us-la-statutes--rs-title-40--40:512}

A. Within a reasonable time after the end of each fiscal year, each local housing authority shall prepare a report generally describing such authority's activities for the year then ended. Such report shall contain financial statements fairly depicting the financial condition of the authority, its assets and liabilities, including contingent liabilities, and the results of its operations for the year then ended. The report shall be approved by the local authority's board of commissioners and signed by its chairperson.

B. The annual report of the local housing authority shall be a public record that is available for inspection and copying by members of the general public at the offices of the local housing authority.

C. A local housing authority shall also file its annual report with the municipal or parish clerk, or equivalent official whose duties include receipt and custody of public records of the municipality or parish, promptly upon completion thereof. Regional and consolidated housing authorities shall file annual reports with the appropriate officials of all participating political subdivisions.

*Acts 1997, No. 1188, §1.*

##### **§ 40:513** Filing a false report {#sec-40-513 omnilex-key=us-la-statutes--rs-title-40--40:513}

Any representative of a local housing authority who knowingly approves, signs, or files an annual report of an authority which is materially false or misleading shall be guilty of misconduct in office.

*Acts 1997, No. 1188, §1.*

##### **§ 40:514** Audits {#sec-40-514 omnilex-key=us-la-statutes--rs-title-40--40:514}

The financial statements contained in annual reports of local housing authorities with gross revenues of two hundred fifty thousand dollars or more shall be audited annually. Such financial statements of authorities with gross revenues of less than two hundred fifty thousand dollars shall be audited at least biennially.

*Acts 1997, No. 1188, §1.*

##### **§ 40:515** Immunity from personal liability of commissioners, officers, employees, and agents {#sec-40-515 omnilex-key=us-la-statutes--rs-title-40--40:515}

No representative of a local housing authority shall personally be civilly or criminally liable:

(1) With respect to any matter or act not directly committed or authorized by such person.

(2) For any action, including a direct action or authorization, taken in good faith:

(a) Pursuant to any rule, procedure, or system implemented by an authority to deny access to the authority's developments or property by unauthorized persons, including but not limited to any action to identify any person or to verify such person's authority to be present upon authority property, or to exclude or eject any person determined in good faith to be an unauthorized person.

(b) With respect to disclosure or nondisclosure of information under R.S. 40:526 or any other law pertaining to the confidentiality or disclosure of information or records.

*Acts 1997, No. 1188, §1.*

##### **§ 40:516** Authority to indemnify representatives {#sec-40-516 omnilex-key=us-la-statutes--rs-title-40--40:516}

A. Except as provided in Subsection C of this Section, a housing authority may indemnify a representative of a local housing authority who is made a party to a proceeding, because the representative is or was such, against liability incurred in the proceeding unless either:

(1) The conduct of the representative was outside the scope of his official duties.

(2) The representative's conduct constituted malfeasance in office.

(3) The representative's conduct constituted a wilful or wanton neglect of duty.

B. The termination of a proceeding by judgment, order, settlement, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the representative did not meet the standard of conduct described in this Section.

C. A housing authority may not indemnify a representative under this Section in connection with either:

(1) A proceeding by or in the right of a housing authority in which the representative was adjudged liable to the housing authority.

(2) Any other proceeding charging improper personal benefit to the representative in which the representative was adjudged liable on the basis that personal benefit was improperly received by the representative.

D. Indemnification permitted under this Section in connection with a proceeding by or in the right of a housing authority is limited to reasonable expenses incurred in connection with the proceeding.

*Acts 1997, No. 1188, §1.*

##### **§ 40:517** Mandatory indemnification {#sec-40-517 omnilex-key=us-la-statutes--rs-title-40--40:517}

Notwithstanding that a housing authority has failed or refused to agree to indemnify a representative, it shall indemnify any representative against reasonable expenses incurred by him in connection with any proceeding if the representative is wholly successful, on the merits, in the defense of the proceeding to which he was a party because he was a representative of the housing authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:518** Advance for expenses {#sec-40-518 omnilex-key=us-la-statutes--rs-title-40--40:518}

A. A housing authority may in its discretion pay for or reimburse the reasonable expenses incurred by a representative who is a party to a proceeding in advance of final disposition of the proceeding.

B. Any authorization of payments under this Section shall be made by resolution of the housing authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:519** Determination and authority of indemnification {#sec-40-519 omnilex-key=us-la-statutes--rs-title-40--40:519}

A. A housing authority may indemnify a representative after a determination has been made that indemnification of the representative is not prohibited pursuant to R.S. 40:516(A) or (C).

B. A determination that indemnification of a representative is permissible shall be made:

(1) By majority vote of a quorum consisting of commissioners not at the time parties to the proceeding.

(2) If a quorum cannot be obtained under Paragraph (1) of this Subsection, by a majority vote of a committee duly designated by the commissioners consisting solely of two or more commissioners not at the time parties to the proceeding. However, commissioners who are parties to the proceeding may participate in designation of the committee.

(3) By special legal counsel selected by the board or its committee in the manner prescribed in Paragraph (1) or (2) of this Subsection or, if a quorum of the commissioners cannot be obtained under Paragraph (1) and a committee cannot be designated under Paragraph (2), the special legal counsel shall be selected by a majority vote of the commissioners, including commissioners who are parties to the proceeding.

C. Authorization of indemnification and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under Paragraph (3) of Subsection B to select counsel.

*Acts 1997, No. 1188, §1.*

##### **§ 40:520** Insurance {#sec-40-520 omnilex-key=us-la-statutes--rs-title-40--40:520}

A housing authority may purchase and maintain insurance on behalf of a representative against liability asserted against or incurred by a representative who is or was a representative of a housing authority or who, while a representative, is or was serving at the request of the housing authority as a director, officer, partner, trustee, employee, or agent of a partnership, joint venture, employee benefit plan, or other enterprise.

*Acts 1997, No. 1188, §1.*

##### **§ 40:521** Indemnification; extent; reimbursement of commissioner expenses as witness {#sec-40-521 omnilex-key=us-la-statutes--rs-title-40--40:521}

A. The indemnification and the provisions for advancement of expenses provided by R.S. 40:515 through 519 shall not be deemed exclusive of any other rights to which a representative may be entitled under any agreement, general or specific action of a housing authority, or otherwise, and shall continue as to a person who has ceased to be a representative and shall inure to the benefit of the heirs, executors, and administrators of such a person. Specifically and not by way of limitation, a housing authority may make or agree to make any further indemnification, including advancement of expenses, of any representative whose agreement for such was approved, adopted, or ratified, before or after such indemnification or agreement is made.

B. Notwithstanding other provisions of this Chapter limiting compensation of commissioners, a housing authority may pay or reimburse expenses incurred by a commissioner in connection with the commissioner's appearance as a witness in a proceeding at the time when the commissioner has not been made a named defendant or respondent to a proceeding.

*Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:522** Limitations {#sec-40-522 omnilex-key=us-la-statutes--rs-title-40--40:522}

Nothing contained in R.S. 40:515 through 519 shall require or permit any payment to a representative that is redundant to the proceeds of any insurance policy payable to the representative in connection with the same matter as that for which indemnity would otherwise be given. Further, no discretionary payment of indemnity shall be made if such payment would jeopardize the ability of the authority to carry on its customary activities and meet its other obligations.

*Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:523** Planning and zoning {#sec-40-523 omnilex-key=us-la-statutes--rs-title-40--40:523}

Except as otherwise provided herein, all developments are subject to the planning, zoning, sanitary, and building laws applicable to the locality in which the development is located.

*Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:524** Exceptions for affordable housing or local housing authorities {#sec-40-524 omnilex-key=us-la-statutes--rs-title-40--40:524}

A. In order to facilitate development, redevelopment, and other activities in furtherance of the purposes of this Chapter by local housing authorities and their affiliates, a municipality or parish may grant exceptions to the requirements of:

(1) Zoning ordinances, and other laws, ordinances, and regulations regulating the use, development, and improvement of land or buildings.

(2) Laws, ordinances, and regulations pertaining to historic buildings and structures.

(3) Redevelopment plans, comprehensive plans, and other plans governing municipality or parish land use.

B. However, any such exception shall not compromise essential health and safety standards. This Section shall be cumulative of, and not in limitation of, any existing laws, ordinances, and regulations that permit variances, special exceptions, and other relief from applicable requirements relating to development and improvement of real property.

*Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:525** Local authority planning participation {#sec-40-525 omnilex-key=us-la-statutes--rs-title-40--40:525}

With respect to matters relating to the purposes of this Chapter, each municipality or parish or regional planning body of this state shall, in its planning processes, take into account all recommendations of local housing authorities formed by such municipality or parish, or by the municipalities and parishes affected by the actions of such regional planning body.

*Acts 1997, No. 1188, §1.*

##### **§ 40:526** Exempt records {#sec-40-526 omnilex-key=us-la-statutes--rs-title-40--40:526}

Notwithstanding any other law with respect to the availability of public records for inspection, the following records of a housing authority are exempt from public disclosure:

(1) All records in the individual file of a resident, former resident, or applicant for public housing.

(2) All records in the individual file of any landlord or individual providing a dwelling that is in any manner administered by a housing authority.

(3) All lists that identify residents, former residents, and applications. However, statistical compilations are not exempt unless, by identification of location, family size, employment, or similar information, a resident, former resident, or applicant may be identified.

(4) The addresses of any dwellings that are assisted, either directly by the action of the housing authority or as a result of the resident's selection. However, statistical compilations are not exempt unless some or all of them may be specifically identified by address as a result of such compilation.

(5) The home address or personal telephone number of any resident, former resident, applicant, or landlord.

(6) Communications within a housing authority or between a housing authority and other public agencies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final authority determination of policy or action.

(7) Any information in the possession of the authority concerning the criminal history or other background information pertaining to any tenant or applicant for assistance.

(8) Information submitted to a housing authority in confidence and not otherwise required by law to be submitted, where such information should reasonably be considered confidential, and the housing authority has obliged itself in good faith not to disclose the information.

(9) Any other material or information that is otherwise exempt from disclosure under applicable law.

*Acts 1997, No. 1188, §1.*

##### **§ 40:527** Permitted disclosure {#sec-40-527 omnilex-key=us-la-statutes--rs-title-40--40:527}

A housing authority may provide any of the records described in R.S. 40:526:

(1) To any recipient to whom disclosure is authorized pursuant to consent by all adult individuals identified in the record which is to be so disclosed.

(2) To such parties as the housing authority deems necessary when the authority determines that the disclosure is essential to the preservation of life, health, or safety.

(3) To anyone as required by a court order.

(4) To a law enforcement agency without order of court, to the extent the authority deems such disclosure to be appropriate and in the public interest.

(5) To a landlord or prospective landlord for purposes of enabling the landlord to determine an applicant's suitability for initial tenancy or to determine the suitability for continued tenancy of a person receiving assistance from the authority and who is already in occupancy.

(6) To any applicant, tenant, or recipient of assistance to whom such information relates or to such person's designee or legal representative.

(7) To any state or federal public agency as required by law or agreement.

*Acts 1997, No. 1188, §1.*

##### **§ 40:528** Disclosure to residents and applicants; limitations {#sec-40-528 omnilex-key=us-la-statutes--rs-title-40--40:528}

Any applicant or recipient of assistance from a housing authority may examine his or her individual file or files at reasonable times and intervals. However, a local housing authority shall have no obligation to disclose to any resident or recipient of assistance any information pertaining to any investigation or confidential law enforcement activity relating to possible criminal misconduct on the part of such person.

*Acts 1997, No. 1188, §1.*

##### **§ 40:529** Procedures for procurement of goods and services, sale or disposition of property, personnel management {#sec-40-529 omnilex-key=us-la-statutes--rs-title-40--40:529}

Local housing authorities shall adopt policies, rules, and procedures governing the procurement of goods or services, the sale or disposition of authority property, and the management of authority personnel. Such policies, rules, and procedures shall apply to all subsidiaries but not affiliates of a local housing authority, unless the authority, by resolution of its board of commissioners, elects otherwise.

*Acts 1997, No. 1188, §1.*

##### **§ 40:530** Conflict of interest {#sec-40-530 omnilex-key=us-la-statutes--rs-title-40--40:530}

All housing authority officials and employees are subject to the state Code of Governmental Ethics.

*Acts 1997, No. 1188, §1.*

#### **SUBPART F** MISCELLANEOUS

##### **§ 40:531** Appointment of commissioners to local housing authority {#sec-40-531 omnilex-key=us-la-statutes--rs-title-40--40:531}

A.(1) When the governing body of any municipality or parish, as the case may be,
has determined, by resolution as set forth in R.S. 40:393, that it is expedient to establish a
local housing authority, the chief elected official of the municipality or parish, or if no such
official exists, then the governing body itself shall appoint five persons who shall constitute
the governing body of the local housing authority and shall be called commissioners.

(2) Notwithstanding any other provision of law to the contrary, when the governing
body of the parish of St. John the Baptist has determined, by resolution as set forth in R.S.
40:393, that it is expedient to establish a local housing authority, the governing body of that
parish shall appoint five persons who shall constitute the governing body of the local housing
authority and shall be called commissioners.

(3) Notwithstanding any other provision of law to the contrary, when the governing
body of a parish with a population of not more than forty-six thousand five hundred persons
and not less than forty-five thousand five hundred persons based on the latest federal
decennial census has determined by resolution as set forth in R.S. 40:393 that it is expedient
to establish a local housing authority, the chief elected official of the parish shall appoint five
persons who shall constitute the governing body of the local housing authority and who shall
be called commissioners.

B.(1) In the city of New Orleans, the governing authority of the housing authority
shall consist of nine commissioners, at least two of whom shall be tenants of the housing
authority, referred to in this Chapter as "tenant commissioners", and one of whom shall be
appointed as provided in Subparagraph (2)(b) of this Subsection, referred to in this Chapter
as a "landlord commissioner".

(2)(a) Six commissioners, excluding the landlord commissioner, shall be appointed
by the mayor of the city of New Orleans. The two tenant commissioners shall be appointed
by the president of the New Orleans city council from a list of names submitted by the
Citywide Tenants Council, Inc., of the housing authority. The number of names submitted
shall be three for each vacancy to be filled by a tenant commissioner.

(b) The one landlord commissioner shall be appointed by the mayor from a list of
three nominees submitted by the Landlords Advisory Committee. No person who has or who
is seeking a business or financial relationship with the housing authority or who otherwise
has a conflict pursuant to the Code of Governmental Ethics regarding service on the housing
authority shall be eligible to be appointed as a landlord commissioner. The committee shall
meet within sixty days after any mayoral election is concluded or any vacancy in the landlord
commissioner position and shall nominate the list of landlord commissioners as provided in
this Subsection upon a majority vote of the members of the committee present and voting.
The committee shall give notice of the purpose, time, and place of such a meeting through
the landlord portal on the official website of the housing authority or by publication in the
official journal of the city of New Orleans at least seven days prior to the date set for the
hearing.

(c) Repealed by Acts 2019, No. 137, §2.

C. In the parish of Jefferson, the governing authority of the housing authority shall
consist of nine commissioners and, notwithstanding any other provision of law to the
contrary, such commissioners shall be appointed as provided in this Subsection. Seven of
the commissioners shall be appointed by the governing body of the parish. One of such
commissioners shall be appointed by the chief executive officer of the parish. One of such
commissioners shall be a tenant member of the Marrero Tenants Organization and shall be
appointed by the governing authority of said organization.

D. Notwithstanding any other provision of law to the contrary, the Houma-Terrebonne Housing Authority shall be governed by a five-member board of commissioners
appointed by the parish president. He shall appoint at least one tenant from housing
developments operated by the authority. The tenant commissioner shall serve in accordance
with R.S. 40:536 and any other applicable provision of law.

E.(1) The legislature hereby finds and declares that it is a matter of public policy and
concern that a tenant of a local housing authority development or recipient of other assistance
from such authority shall be a commissioner of the authority and serve in accordance with
R.S. 40:536 and any other applicable provision of law.

(2) The tenant commissioner shall recuse himself from participating in a matter
which would be in violation of R.S. 42:1112.

(3) The tenant commissioner or the commissioner who is a recipient of other
assistance shall be chosen from a list of names submitted to the appointing authority by
tenants of a local housing authority development. However, no tenant of a local housing
authority shall become or remain a tenant commissioner if delinquent in rental or lease
payments to the housing authority.

F. The local housing authority may permit a per diem to each member of the
commission of the local housing authority in an amount of not less than seventy-five dollars
for each day of his attendance at meetings of the commission from funds of the local housing
authority.

*Acts 1997, No. 1188, §1; Acts 2001, No. 80, §1, eff. May 24, 2001; Acts 2003, No. 923, §1; Acts 2008, No. 874, §1, eff. July 9, 2008; Acts 2009, No. 407, §1; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011; Acts 2013, No. 333, §1, eff. June 17, 2013; Acts 2014, No. 791, §14; Acts 2015, No. 419, §1; Acts 2019, No. 137, §§1, 2; Acts 2021, No. 302, §1; Acts 2024, No. 228, §1.*

##### **§ 40:531.1** Repealed by Acts 1997, No. 1188, §2. {#sec-40-531.1 omnilex-key=us-la-statutes--rs-title-40--40:531.1}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:532** Terms of office for local housing authority commissioner {#sec-40-532 omnilex-key=us-la-statutes--rs-title-40--40:532}

A. In the case of local housing authorities, the commissioners who are first appointed
shall be designated to serve for terms of one, two, three, four and five years, respectively,
from the date of their appointment, but thereafter commissioners shall be appointed for terms
of five years. All commissioners shall, except as otherwise provided in R.S. 40:536 and 537,
continue to serve until their successors have been duly appointed.

B.(1)(a) Notwithstanding the provisions of Subsection A of this Section, seven
commissioners of the Housing Authority of New Orleans, excluding the landlord
commissioner, shall serve five-year terms after serving initial terms as provided in this
Subparagraph. One member shall serve an initial term of one year, one shall serve two years,
one shall serve three years, two shall serve four years, and two shall serve five years as
determined by lot at the first meeting of the board.

(b) The seven commissioners serving on August 1, 2015, shall continue to serve until
the expiration of their terms. The successors of such commissioners shall be appointed as
provided in R.S. 40:531(B). Vacancies shall be filled in the manner of the original
appointment; however, if a vacancy occurs prior to the expiration of a term of any such
commissioner serving on August 1, 2015, the mayor of the city of New Orleans shall appoint
a commissioner to fill the vacancy in the same manner as the original appointment. The
commissioner appointed shall serve for the remainder of the unexpired term.

(2) The one landlord commissioner appointed pursuant to R.S. 40:531(B) shall serve
terms concurrent with the mayor. A vacancy shall be filled in the manner of the original
appointment.

*Amended by Acts 1950, No. 401, §27; Acts 1997, No. 1188, §1; Acts 2015, No. 419, §1.*

##### **§ 40:533** Vacancies in local authorities {#sec-40-533 omnilex-key=us-la-statutes--rs-title-40--40:533}

Any vacancy in an unexpired term shall be filled for the remainder of the term. Vacancies shall be filled by the same authority and in the same manner as the original appointment.

*Amended by Acts 1950, No. 401, §28; Acts 1952, No. 127, §15; Acts 1954, No. 80, §1; Acts 1997, No. 1188, §1.*

##### **§ 40:534** Certificate of appointment or reappointment {#sec-40-534 omnilex-key=us-la-statutes--rs-title-40--40:534}

A certificate of appointment or reappointment of any commissioner appointed or reappointed by the chief elected official or governing body of a municipality or parish, as the case may be, shall be filed with the secretary or clerk of the governing body of the municipality or parish, and such certificate shall be conclusive evidence of the proper appointment of such commissioner.

*Acts 1997, No. 1188, §1; Acts 2003, No. 923, §1.*

##### **§ 40:535** Eligibility of commissioners {#sec-40-535 omnilex-key=us-la-statutes--rs-title-40--40:535}

Every commissioner shall be a resident of the area of operation of the housing authority which he or she has been appointed to serve. However, if after appointment a commissioner ceases to reside in the local housing authority's area of operation, his or her term of office shall automatically terminate and a successor shall be appointed to fill such vacancy in the manner provided in R.S. 40:533. Any commissioner who ceases to reside within the area of operation of the local housing authority in which such commissioner serves shall immediately so inform the board of commissioners of the authority and the appointing authority of his or her change in residence. Commissioners shall be adult persons of integrity. No person who has been convicted of a felony shall be eligible for appointment or service as a commissioner.

*Acts 1997, No. 1188, §1.*

##### **§ 40:536** Tenant commissioners {#sec-40-536 omnilex-key=us-la-statutes--rs-title-40--40:536}

Tenancy in a local housing authority development or receipt of other assistance from such authority shall not preclude the appointment of any person to serve as a commissioner. Notwithstanding any other Subpart of this Chapter, a resident or recipient of other assistance who is a commissioner may participate in any decision of the authority except a decision that specially affects his or her individual interests. In the event that the appointing authority intends that a commissioner's appointment is made within the intention that such commissioner represent the persons assisted by said local housing authority, then his or her certificate of appointment shall so state. In the event that any such commissioner so appointed and designated shall cease to reside in a development of, or otherwise cease to receive assistance from, the authority which such person serves as commissioner, then his or her term of office shall automatically terminate, and a successor shall be appointed to fill such vacancy in the manner provided in this Subpart.

*Amended by Acts 1985, No. 317, §1, eff. July 9, 1985; Acts 1997, No. 1188, §1.*

##### **§ 40:537** Removal of commissioners {#sec-40-537 omnilex-key=us-la-statutes--rs-title-40--40:537}

A.(1) A commissioner of a local housing authority may be removed for neglect of
duty, misconduct in office, or conviction of any felony.

(2) A commissioner of a local housing authority in any municipality or parish may
be removed on any such grounds by the chief elected official of the municipality or parish
appointing the commissioner, or if no chief elected official exists, then by the governing
body thereof.

(3) A commissioner of a local housing authority in the parish of St. John the Baptist
may be removed on any such grounds by the governing body of the parish appointing the
commissioner.

(4) A commissioner of a regional or consolidated housing authority may be removed
on any such grounds by the governing body of the municipality or parish that originally
appointed the commissioner.

(5) Notwithstanding any other provision of law to the contrary, a commissioner of
a local housing authority in any parish with a population of not more than forty-six thousand
five hundred persons and not less than forty-five thousand five hundred persons based on the
latest federal decennial census may be removed on any such grounds by the chief elected
official appointing the commissioner.

(6) Notwithstanding any other provision of law to the contrary, the landlord
commissioner appointed pursuant to R.S. 40:531(B) may be removed by the appointing
authority for neglect of duty or misconduct in office. A landlord commissioner convicted
of a felony while serving as a commissioner shall be disqualified and removed from office
by the appointing authority.

B.(1) The chief elected official or the governing body of the municipality or parish,
as the case may be, which seeks to remove a commissioner shall send a notice of removal
to such commissioner, which notice shall set forth the charges against the commissioner.
Unless, within ten days from the receipt of such notice, such commissioner files with the
clerk or secretary of the municipality's or parish's governing body a request for a hearing
before the governing body, the commissioner shall be deemed removed from office. If a
request for hearing is so filed, the governing body of the municipality or parish, as the case
may be, shall hold a hearing, not sooner than ten days subsequent to the date a hearing is
requested, at which the commissioner shall have the right to appear in person or by counsel
and the governing body shall determine whether the removal shall be upheld. If the removal
is not upheld by the governing body, the commissioner shall continue to hold office.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
appointing authority seeking to remove a commissioner pursuant to Paragraph (A)(6) of this
Section shall send a notice of removal to such commissioner, which notice shall set forth the
charges against the commissioner. Unless such commissioner files with the appointing
authority a request for a hearing before the appointing authority within ten days after receipt
of such notice, the commissioner is deemed removed from office. If a request for hearing
is so filed, the appointing authority shall hold a hearing no earlier than ten days after the
filing of the request for a hearing at which hearing the commissioner has the right to appear
in person or by counsel and the appointing authority shall determine whether the removal is
to be upheld. If the removal is not upheld by the appointing authority, the commissioner
shall continue to hold office.

*Acts 1997, No. 1188, §1; Acts 2003, No. 923, §1; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011; Acts 2013, No. 333, §1, eff. June 17, 2013; Acts 2014, No. 791, §14; Acts 2015, No. 419, §1.*

##### **§ 40:538** Validity of actions of board of commissioners {#sec-40-538 omnilex-key=us-la-statutes--rs-title-40--40:538}

No action taken by the commissioners of an authority shall be invalid because of the ineligibility of any commissioner to serve in such capacity. All actions taken by a board of commissioners shall be presumed valid unless otherwise shown by clear and convincing evidence.

*Acts 1997, No. 1188, §1.*

##### **§ 40:539** Selection of chairman and vice chairman; executive director; hiring of employees {#sec-40-539 omnilex-key=us-la-statutes--rs-title-40--40:539}

A.(1) The mayor of the municipality or the governing body of the parish, as the case
may be, shall designate the first chairman of the municipality or parish authority, but
thereafter the authority shall select a chairman from among its commissioners.

(2) The authority shall also select a vice chairman from its commissioners.

B. Every regional or consolidated housing authority shall elect a chairman from
among its commissioners. The commissioners may select any other officers which the
authority requires.

C.(1) The authority shall select a secretary who shall be the executive director and
chief executive and administrative officer of the authority. The authority shall enter into an
employment contract with the executive director for a term not to exceed five years. The
employment contract shall fix the compensation of the executive director and such other
terms of employment as the authority may determine.

(2) The executive director shall employ such housing authority staff and employees,
permanent and temporary, as shall be necessary to carry out the functions of the authority.
The executive director shall determine the qualifications, duties, and compensation of the
employees of the authority. The executive director shall have authority over termination of
employment. In carrying out his functions and responsibilities, the executive director shall
be subject to applicable civil service laws, rules, and regulations and policies of the authority.

(3) The executive director shall exercise administrative supervision over all
employees of the authority, and all employees of the authority shall be responsible to the
executive director for the accomplishment of their duties. The executive director shall
organize the personnel of the authority in the most efficient manner to accomplish the
purposes of the authority.

(4) Housing authority staff and employees shall consist of professional, technical,
administrative, and clerical personnel necessary to carry out the purposes and objectives of
the housing authority.

(5) The authority, after receiving the recommendations of the executive director, may
employ its own counsel and legal staff to perform any legal services it may require. Also,
any authority, municipality, or parish may call upon the principal legal officer of the
municipality, or parish, as the case may be, for any legal services which it requires.

(6) The authority may arrange or contract for the furnishing by any person or agency,
public or private, of services, privileges, works, or facilities for or in connection with its
developments or the occupants thereof. Notwithstanding anything to the contrary contained
in this Chapter or in any other provision of law, the authority may agree to any conditions
attached to federal financial assistance relating to the determination of prevailing salaries or
wages or payment of not less than prevailing salaries or wages or compliance with labor
standards, in the development or administration of developments, and may include in any
contract awarded or entered in connection with a development, stipulations requiring that the
contractor and all subcontractors comply with the requirements as to minimum salaries,
wages, and maximum hours of labor, and comply with any conditions attached to the
financial aid of the development.

(7) The authority may employ accountants, appraisers, technical experts, and such
other officers, agents, and employees, as it may require and shall determine their
qualifications, duties, compensation, and term of office. A local housing authority may
delegate to one or more of its agents or employees such powers and duties as it may deem
proper. With respect to the employment of its staff, a local housing authority shall enjoy the
exemptions contained in R.S. 40:406.

(8)(a)(i) Except as provided in the Constitution of Louisiana and Item (ii) of this
Subparagraph and as may otherwise be authorized by the State Civil Service Commission,
all employees of the authority, except authority members, the executive director, and one
other employee whom the authority shall designate and employ, and except professional
employees employed on a contract basis, shall be in the classified state civil service.

(ii) Notwithstanding any provision of law to the contrary, a housing authority may,
upon determining that it should not be considered to be an instrumentality of the state for
purposes of Article X, Section 1(A) of the Constitution of Louisiana and therefore that the
employees of such authority shall not be included in the state civil service, adopt a resolution
to that effect and transmit a certified copy of the resolution by certified mail to the director
of the Department of State Civil Service. The resolution shall be given effect upon the
director's receipt.

(b) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of New Orleans shall not be considered to
be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution
of Louisiana, and employees of the authority shall not be included in the state civil service.

(c) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Cottonport Housing Authority shall not be considered to be an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(d) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the housing authority of Denham Springs shall not be considered
to be an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.

(e) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of the Town of Oil City shall not be
considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.

(f) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of the City of Lafayette shall not be
considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.

(g) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the East Baton Rouge Parish Housing Authority shall not be
considered an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.

(h) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Monroe Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana and employees of the authority shall not be included in the state civil service.

(i) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of the City of Shreveport shall not be
considered an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.

(j) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Kenner Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(k) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Simmesport Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(l) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Bunkie Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(m) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Colfax Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(n) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Kinder Public Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(o) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Berwick Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(p) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Morgan City Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(q) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Delcambre Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(r) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Gueydan Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(s) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the White Castle Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.

(t) Notwithstanding Subparagraph (a) of this Paragraph or of any other law to the
contrary, the New Roads Public Housing Authority shall not be considered an instrumentality
of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and
employees of the authority shall not be included in the state civil service.

*Acts 1997, No. 1188, §1; Acts 2008, No. 101, §1, eff. June 9, 2008; Acts 2013, No. 75, §1; Acts 2014, No. 827, §1; Acts 2015, No. 95, §1; Acts 2016, No. 127, §1; Acts 2018, No. 22, §1; Acts 2020, No. 15, §1; Acts 2020, No. 145, §1; Acts 2020, No. 170, §1; Acts 2020, 2nd Ex. Sess., No. 14, §1; Acts 2021, No. 70, §1; Acts 2021, No. 172, §1; Acts 2022, No. 107, §1; Acts 2023, No. 139, §1, eff. June 7, 2023; Acts 2023, No. 186, §1, eff. June 8, 2023; Acts 2023, No. 195, §1, eff. June 8, 2023; Acts 2024, No. 201, §1; Acts 2024, No. 294, §1, eff. May 28, 2024; Acts 2024, No. 297, §1, eff. May 28, 2024; Acts 2024, No. 342, §1, eff. May 28, 2024; Acts 2024, No. 433, §1, eff. June 3, 2024.*

##### **§ 40:540** Compensation; expense reimbursements to commissioners {#sec-40-540 omnilex-key=us-la-statutes--rs-title-40--40:540}

A. Except as otherwise approved by the governing body of the municipality or parish for which the local housing authority was formed, or, in the case of regional or consolidated housing authorities, the governing bodies of the municipalities and parishes participating therein, commissioners shall receive no compensation for their services, but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in connection with the discharge of their duties.

B. Subject to said approval, a board of commissioners may authorize compensation, provided that:

(1) The method of compensation shall be uniformly applied with respect to all commissioners.

(2) Payment shall be made only in connection with actual participation in meetings or other authority activities on a per diem basis.

(3) Payments to any commissioner shall be reasonably related to the efforts expended.

*Acts 1997, No. 1188, §1.*

##### **§ 40:541** Dissolution of local housing authorities {#sec-40-541 omnilex-key=us-la-statutes--rs-title-40--40:541}

Any local housing authority may, by written resolution, elect to dissolve, provided that no such dissolution or any transfer of property pursuant to dissolution shall occur unless all of the following conditions are met:

(1) The governing body of the municipality or parish which established the local housing authority so dissolving shall have consented thereto.

(2) The dissolving authority shall have designated another local housing authority or another municipality, parish, or public agency of this state, which may be the municipality or parish for which the authority was formed, as the transferee of its assets and liabilities in dissolution.

(3) The local housing authority, municipality, parish, or other public agency receiving such property or assets and the political subdivision which established its consent thereto by resolution.

(4) All obligees of bonds or other evidences of indebtedness of such transferring or dissolving authority, or the trustees for such obligees, or the federal government if the bonds or other obligations are secured by any contract right pursuant to a contract between the transferring authority and the federal government, shall have consented thereto in writing, or adequate provision shall have been made for the payment of such bonds or other obligations, by escrow or otherwise, the performance without breach or default of an obligation secured only by one or more developments or the income thereof shall be deemed to be "adequate provision". Further, no such transfer shall in any way diminish or impair the obligations of any transferring authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:542** Rights and obligations upon transfer, dissolution {#sec-40-542 omnilex-key=us-la-statutes--rs-title-40--40:542}

Within a reasonable time subsequent to approval by all necessary parties of a local housing authority's resolution to dissolve, the authority shall transfer its assets and liabilities to the transferee designated in the resolution. Upon the transfer of any of the authority's property, the receiving local housing authority, municipality, parish, or other public agency shall have all right, title, and interest in and to such property and all duties and obligations arising out of the transfer of such property as the transferring authority had. Upon dissolution and transfer, all rights, contracts, agreements, obligations, and property, real and personal, of such transferring authority, shall be in the name of, and vest in, such receiving local housing authority, municipality, parish, or other public agency, and all obligations of such transferring local housing authority shall be the obligations of such receiving local housing authority, municipality, parish or other public agency. All rights and remedies of any person against such transferring local housing authority may be asserted, enforced, and prosecuted against such receiving local housing authority, municipality, parish, or other public agency. All rights and remedies of any person against such transferring local housing authority may be asserted, enforced, and prosecuted against such receiving local housing authority, municipality, parish, or other public agency to the same extent as they might have been asserted, enforced, and prosecuted against such transferring local housing authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:543** Area of operation after dissolution {#sec-40-543 omnilex-key=us-la-statutes--rs-title-40--40:543}

After any dissolution and transfer, notwithstanding anything contained in R.S. 40:396, the area of operation of the receiving local housing authority shall include, nonexclusively, the area of operation of the transferring local housing authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:544** Dissolution of regional and consolidated housing authorities {#sec-40-544 omnilex-key=us-la-statutes--rs-title-40--40:544}

A regional or consolidated housing authority desiring to dissolve may do so in the same manner as provided in R.S. 40:542, provided that consent of all participating municipalities and parishes shall be required and the transfer of property and assets of the regional or consolidated housing authority upon dissolution may be effected either to a single transferee or to multiple transferees, as the authority shall determine, subject to approval by the participating political subdivisions.

*Acts 1997, No. 1188, §1.*

##### **§ 40:545** Private rights of action; third party beneficiary rights {#sec-40-545 omnilex-key=us-la-statutes--rs-title-40--40:545}

Except with respect to enforcing any right to indemnification under R.S. 40:516 or any right of an obligee under R.S. 40:475 and 476, and notwithstanding any other provision of law to the contrary, this Chapter shall not confer upon any person or organization a right of action in any court to enforce this Chapter. Except as otherwise stated in this Section, any and all rights to enforce this Chapter are vested exclusively in housing authorities and the municipalities and parishes of this state that establish housing authorities, and without limiting the foregoing, no person or entity not expressly named as a party to a contract entered into by a housing authority shall have any right of action, by virtue of the status of such person or entity as a third party beneficiary of such contract, or otherwise based upon such contract. Any claim or action in violation of this Section shall be absolutely null and void.

*Acts 1997, No. 1188, §1.*

##### **§ 40:546** Meetings of commissioners {#sec-40-546 omnilex-key=us-la-statutes--rs-title-40--40:546}

Nothing contained in this Part prevents meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project.

*Acts 1997, No. 1188, §1.*

##### **§ 40:547** Validating provisions {#sec-40-547 omnilex-key=us-la-statutes--rs-title-40--40:547}

A. The creation and establishment of housing authorities pursuant to, or purporting to be pursuant to, this Chapter, together with all proceedings, acts and things undertaken, performed, or done with reference thereto, are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any want of statutory authority or defect or irregularity in such acts or proceedings. Said housing authorities are hereby constituted and declared to be bodies corporate and politic with all the powers, rights, and duties set forth in this Chapter and any amendments thereto.

B. All contracts, agreements, obligations, and undertakings of housing authorities heretofore entered into relating to financing or aiding in the development, construction, maintenance, or operation of any housing or redevelopment development or developments or to obtaining aid therefor from the federal government, including, without limiting the generality of the foregoing, loan and annual contributions contracts and leases with the federal government, agreements with municipalities or other public bodies, including agreements which are pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by housing authorities or which are otherwise made a part of the contracts with such holders of notes or bonds, relating to cooperation, contributions, grants, payments, if any, in lieu of taxes, furnishing of municipal services and facilities, and the elimination of unsafe and insanitary dwellings, and contracts for the construction of housing developments, together with all proceedings, acts and things heretofore undertaken, performed, or done with reference thereto, are hereby validated, ratified, confirmed, approved, and declared legal in all respect, notwithstanding any defect or irregularity therein or any want of statutory authority.

C. All proceedings, acts, and things heretofore undertaken, performed, or done in or for the authorization, issuance, sale, execution, and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the undertaking of a housing or redevelopment development or developments and all notes and bonds heretofore issued by housing authorities are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.

*Acts 1997, No. 1188, §1.*

##### **§ 40:548** Filing false reports on income; penalty {#sec-40-548 omnilex-key=us-la-statutes--rs-title-40--40:548}

Whoever files a false report of his income with any housing authority, with knowledge of its falsity, shall be fined not more than five hundred dollars, or shall be imprisoned for not more than six months, or both.

*Acts 1997, No. 1188, §1.*

##### **§ 40:549** Legal construction {#sec-40-549 omnilex-key=us-la-statutes--rs-title-40--40:549}

This Chapter shall be construed liberally to effect the charitable and public purposes thereof.

*Acts 1997, No. 1188, §1.*

##### **§ 40:550** Partial invalidity; severability {#sec-40-550 omnilex-key=us-la-statutes--rs-title-40--40:550}

If any provision of this Chapter or the application thereof to particular circumstances is held unconstitutional or otherwise invalid, the remainder of the Chapter or the application of that provision to other circumstances shall not be affected. In such event it is the intention of the legislature that this Chapter would have been adopted without the inclusion of the provision held to be unconstitutional or otherwise invalid.

*Acts 1997, No. 1188, §1.*

#### **SUBPART G** WAGE RECORDS AND SSI TAX EXEMPTION AND UNEMPLOYMENT COMPENSATION INFORMATION

##### **§ 40:561** Definitions {#sec-40-561 omnilex-key=us-la-statutes--rs-title-40--40:561}

As used in this Subpart, the following terms shall apply unless the context clearly states
otherwise:

(1) "Applicant" means a person applying for benefits under a public housing assistance
program covered by HUD and with respect to whom wage record and unemployment compensation
information is sought.

(2) "Consent form" means the Authorization for Release of Information Form authorized for
use by HUD.

(3) "Disclose" or "disclosure" means the release of information or data with the consent, as
indicated by a signed consent form, of the individual or individuals to whom the information pertains
by either the division of unemployment insurance or the housing authority.

(4) "HUD" means the United States Department of Housing and Urban Development.

(5) "Information" means wage record and unemployment compensation information.

(6) "Louisiana Works" means Louisiana Works and its subdivisions, including the office of
unemployment insurance administration, or its successor.

(7) "Participant" means a person who receives benefits under a program covered by HUD
and with respect to whom wage record or unemployment compensation information is sought.

(8) "Participating housing authority" means a housing authority that has entered into a
cooperative agreement with Louisiana Works.

(9) "Unemployment compensation information" means unemployment compensation claim
or payment information from the administrator of the Louisiana Employment Security Law.

(10) "Wage record" means wage record information reported to the state by employers on
a quarterly basis as provided in R.S. 23:1660(A).

*Acts 1997, No. 1172, §6, eff. June 30, 1997; Acts 1997, No. 1188, §1; Acts 2007, No. 113, §3; Acts 2008, No. 743, §7, eff. July 1, 2008.*

##### **§ 40:562** Housing authorities' ability to obtain information {#sec-40-562 omnilex-key=us-la-statutes--rs-title-40--40:562}

Notwithstanding any provisions of law to the contrary, particularly the provisions of
R.S. 23:1660(C), any housing authority in the state and Louisiana Works may enter into a
cooperative agreement for the ongoing disclosure of wage records and unemployment
compensation data. Such disclosure shall be made through a computer matching operation
to be used by the housing authorities to determine initial and continuing eligibility of
applicants for and participants in any housing assistance program covered by the United
States Department of Housing and Urban Development.

*Acts 1997, No. 1188, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.*

##### **§ 40:563** Procedures {#sec-40-563 omnilex-key=us-la-statutes--rs-title-40--40:563}

A. Each participating housing authority shall establish conditions, safeguards, and procedures for the ongoing disclosure of any information received under the authority of this Subpart. These procedures shall be in writing and shall be available, upon request, to all applicants and participants.

B. Each participating housing authority shall comply with the following measures to protect the confidentiality and unauthorized access or disclosure of wage record and unemployment compensation information:

(1) Wage record and unemployment compensation information shall be used only to the extent necessary to assist in the valid administrative needs of the housing authority performing HUD related activity.

(2) The information shall be stored in a place physically secure from access by unauthorized persons.

(3) Information in electronic format shall be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means.

(4) Only authorized personnel shall be given access to on-line files that may be created by the participating housing authorities.

C. No participating housing authority shall disclose any information provided under this Subpart except as follows:

(1) Any information may be given to the individual who is the subject of the information.

(2) Information about an individual may be given to an individual's attorney or other agent duly authorized by sworn affidavit if the information is needed in connection with a claim for HUD benefits or to respond to the housing authority's administrative findings.

(3) The housing authority may release this information as permitted by state and federal law.

(4) Any information may be given to HUD or another housing authority which administers programs covered under HUD, provided that each such housing authority agrees in writing to protect the confidentiality of such information in a manner consistent with the provisions of this Subsection.

*Acts 1997, No. 1188, §1.*

##### **§ 40:564** Violations {#sec-40-564 omnilex-key=us-la-statutes--rs-title-40--40:564}

A. Any person who knowingly and willfully requests or obtains any wage record or
unemployment compensation information under false pretense, or who knowingly and
willfully discloses any such information in any manner to any individual not entitled under
law to receive it shall be subject to criminal and civil penalties under all appropriate federal
and state laws, including R.S. 23:1660(C) related to the improper disclosure of wage records
and unemployment compensation data and federal penalties for improper disclosure of
information of public housing authority records which are covered under the Privacy Act of
1974.

B. The contact person at any participating housing authority receiving wage record
and unemployment insurance information shall promptly report any suspected or known
request or disclosure violations to Louisiana Works and shall immediately deny the persons
involved further access to such information.

*Acts 1997, No. 1188, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.*

##### **§ 40:565** Repealed by Acts 1954, No. 710, §1 {#sec-40-565 omnilex-key=us-la-statutes--rs-title-40--40:565}

*Repealed by Acts 1954, No. 710, §1*

##### **§ 40:566** Repealed by Acts 1997, No. 1188, §2. {#sec-40-566 omnilex-key=us-la-statutes--rs-title-40--40:566}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:567** Repealed by Acts 1997, No. 1188, §2. {#sec-40-567 omnilex-key=us-la-statutes--rs-title-40--40:567}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:568** Repealed by Acts 1997, No. 1188, §2. {#sec-40-568 omnilex-key=us-la-statutes--rs-title-40--40:568}

*Repealed by Acts 1997, No. 1188, §2.*

##### **§ 40:569** Repealed by Acts 1997, No. 1188, §2. {#sec-40-569 omnilex-key=us-la-statutes--rs-title-40--40:569}

*Repealed by Acts 1997, No. 1188, §2.*

#### **PART II** HOUSING COOPERATION LAW

##### **§ 40:570** Title {#sec-40-570 omnilex-key=us-la-statutes--rs-title-40--40:570}

This Part may be referred to as the "Housing Cooperation Law".

*Acts 1997, No. 1188, §1.*

##### **§ 40:571** Finding and declaration of necessity {#sec-40-571 omnilex-key=us-la-statutes--rs-title-40--40:571}

It has been found and declared in the Housing Authorities Law that there generally exist in urban and rural sections throughout the state, slum or blighted areas, unsafe or insanitary dwelling accommodations and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; and that the public interest requires the remedying of these conditions. It is hereby found and declared that the assistance herein provided for the remedying of the conditions set forth in the Housing Authorities Law constitutes a public use and purpose and an essential governmental function for which public monies may be spent and other aid given; that it is a proper public purpose for any state public body to aid any housing authority operating within its boundaries or jurisdiction, or any housing development or redevelopment project located therein; as the state public body derives immediate benefits and advantages from such an authority development or project; and that the provisions hereinafter enacted are necessary and in the public interest.

*Acts 1997, No. 1188, §1.*

##### **§ 40:572** Definitions {#sec-40-572 omnilex-key=us-la-statutes--rs-title-40--40:572}

The following terms, whenever used or referred to in this Part, have the following respective meanings, unless a different meaning clearly appears from the context:

(1) "Blighted area" means an area, other than a slum area, where by reason of the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, submergence of lots by water or other insanitary or unsafe conditions, deterioration of site improvements, failure to install public utilities, diversity of ownership, tax delinquency, defective or unusual conditions of title, improper subdivision or obsolete platting, or any combination of such factors, the development of such blighted area, which may include some incidental building or improvements, into predominantly housing uses is being prevented.

(2) "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States.

(3) "Governing body" means the commission council, board of aldermen, council, board of commissioners, or other body having charge of the fiscal affairs of a state public body.

(4) "Housing authority" means any housing authority created by or pursuant to the Housing Authorities Law of this state.

(5) "Housing development" means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the federal government.

(6) "Redevelopment project" shall mean any work or undertaking:

(a) To acquire slum areas or blighted areas, including lands, structures or improvements the acquisition of which is necessary in order to assure the proper clearance and redevelopment of the entire slum or blighted area and to prevent the spread or recurrence of slum conditions or conditions of blight, thereby protecting the public health, safety, morals or welfare.

(b) To clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan.

(c) To sell, lease, or otherwise make available land so acquired for residential, recreational, commercial, industrial or other use in accordance with the redevelopment plan.

(d) To make provisions for the repair, renovation, or rehabilitation of buildings and structures in the area so acquired in accordance with the redevelopment plan. The term "redevelopment project" also may include the preparation of a redevelopment plan and the initiation, planning, survey and other work incident to a redevelopment project and also the preparation of all plans and arrangements for carrying out a redevelopment project.

(7) "State public body" means any municipality, parish, commission, board district, authority, other subdivision or public corporation, or other public body of the state.

*Acts 1997, No. 1188, §1.*

##### **§ 40:573** Cooperation in undertaking housing projects {#sec-40-573 omnilex-key=us-la-statutes--rs-title-40--40:573}

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing developments or redevelopment projects located within the area in which it is authorized to act, any state public body may, upon such terms as it determines:

(1) Dedicate, sell, convey, or lease any of its interest in any property, or grant servitudes or other rights or privileges therein to a housing authority or to the federal government.

(2) Cause parks or playgrounds or recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with such developments or projects.

(3) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, alleys, sidewalks or other places which it is otherwise empowered to construct.

(4) Plan or replan, zone or rezone, any part of the state public body; or make exceptions to any of its building regulations and ordinances. Municipalities may also change their maps.

(5) Cause any services to be furnished to the housing authority which it is empowered to furnish.

(6) Enter into agreements with respect to the exercise by it of its powers relating to the repair, elimination, or closing of unsafe, insanitary, or unfit dwellings.

(7) Employ any funds belonging to it or within its control, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and exercise all the rights of any holder of such bonds or other obligations.

(8) Accept as security for its deposits any bonds or other obligations of any housing authority created under the Housing Authorities Law.

(9) Do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction, or operation of such developments or projects.

(10) Incur the entire expense of any public improvements made by it in exercising the powers granted in this Part. However, it shall be the responsibility of the state public body to make available to those families who have been deprived of living accommodations through the removal of these structures as provided for in this Part, living quarters either in housing developments or through private enterprise at a comparable rate of rent as was previously paid. When a dwelling or business is condemned and demolished, the property owner shall retain his equity in the land, regardless of whether it is subsequently subdivided, unless the land is expropriated for a municipal use such as a playground, school, street, or municipal building.

(11) Enter into agreements, which may extend over any period, with a housing authority respecting action to be taken by the state public body pursuant to any of the powers granted by this Part. If at any time title to, or possession of, any development is held by any public body or governmental agency authorized by law to engage in the development or administration of low rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.

(12) Conduct public hearings on a proposed housing development or redevelopment project for its planning, undertaking, construction, or operation. Notice of such public hearing shall be given to the legislators within whose district the development or redevelopment project is located.

*Acts 1997, No. 1188, §1; Acts 2003, No. 1095, §1, eff. July 2, 2003.*

##### **§ 40:574** Exception of contracts from requirements of appraisal; advertising and bidding {#sec-40-574 omnilex-key=us-la-statutes--rs-title-40--40:574}

Any sale, lease, or other agreement provided for in R.S. 40:573 may be made by a state public body without appraisal, public notice, advertising, or public bidding.

*Acts 1997, No. 1188, §1.*

##### **§ 40:575** Exception of certain developments from regulations of state public body {#sec-40-575 omnilex-key=us-la-statutes--rs-title-40--40:575}

With respect to any housing development which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation, and other protection, no state public body shall require any changes to be made in the housing development or the manner of its construction or take any other action relating to its construction.

*Acts 1997, No. 1188, §1.*

##### **§ 40:576** Agreements on taxes due by housing authority; East Baton Rouge Parish excepted {#sec-40-576 omnilex-key=us-la-statutes--rs-title-40--40:576}

In connection with any housing development located wholly or partly within the area in which it is authorized to act, any state public body, except in East Baton Rouge Parish, may agree with a housing authority or the federal government that a certain sum be paid by the authority in lieu of taxes for any year or period of years or that no taxes be paid it by the authority for any year or years on the property included in the development.

*Acts 1997, No. 1188, §1.*

##### **§ 40:577** Advances to housing authority {#sec-40-577 omnilex-key=us-la-statutes--rs-title-40--40:577}

Any parish or municipality located in whole or in part within the area of operation of a housing authority may, from time to time, lend or donate money to the authority or agree to take such action.

*Acts 1997, No. 1188, §1.*

##### **§ 40:578** Procedure for exercising powers {#sec-40-578 omnilex-key=us-la-statutes--rs-title-40--40:578}

The exercise by a state public body of the powers granted it in this Part shall be authorized by resolution of its government body, adopted by a majority of the members thereof present at the meeting of the governing body. This resolution may be adopted at the meeting at which it is introduced. It shall take effect immediately and need not be laid over, published, or posted.

*Acts 1997, No. 1188, §1.*

##### **§ 40:579** Power conferred in Part supplemental {#sec-40-579 omnilex-key=us-la-statutes--rs-title-40--40:579}

The powers conferred by this Part are in addition and supplemental to the powers conferred by any other law.

*Acts 1997, No. 1188, §1.*

#### **PART III** SLUM CLEARANCE LAW

##### **§ 40:580** Title {#sec-40-580 omnilex-key=us-la-statutes--rs-title-40--40:580}

This Part shall be referred to as the "Slum Clearance Law".

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.1** Definitions {#sec-40-580.1 omnilex-key=us-la-statutes--rs-title-40--40:580.1}

The following terms, whenever used or referred to in this Part, have the following respective meanings, unless a different meaning clearly appears from the context:

(1) "Council" means the legislative body, commission council, board of aldermen, or other body charged with governing a municipality.

(2) "Dwelling" means any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith.

(3) "Owner" means the holder of the title or a mortgagee, whose interest is shown of record or who is in possession of a dwelling, or any person in control of a dwelling, or the agent of any such person.

(4) "Parties in interest" means persons who have an interest of record in or who are in possession of a dwelling.

(5) "Public authority" means any housing authority of a municipality or any officer who is in charge of any department or branch of the government of the municipality, parish, or state relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality.

(6) "Public officer" means the officer or officers who are authorized by ordinance adopted under this Part to exercise the powers prescribed in the ordinance and by this Part.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.2** Slum conditions; action by municipality {#sec-40-580.2 omnilex-key=us-la-statutes--rs-title-40--40:580.2}

Whenever any municipality finds that there exists within it dwellings which are unfit for human habitation due to dilapidation; defects increasing the hazards of fires, accidents, or other calamities; lack of ventilation, light, or sanitary facilities, or other conditions rendering the dwellings unsafe and unsanitary and dangerous or detrimental to health, safety, or morals, or that there are dwellings therein which are otherwise inimical to the welfare of its residents, it may exercise its police powers to remedy or eliminate those conditions in the manner provided in this Part.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.3** Standards for determination of unfitness for human habitation {#sec-40-580.3 omnilex-key=us-la-statutes--rs-title-40--40:580.3}

An ordinance adopted by a municipality under this Part shall provide that the public officer may determine that a dwelling is unfit for human habitation if he finds that conditions exist therein which are dangerous or injurious to the health, safety, or morals of the persons using it for human habitation or of the public. These conditions may include the following: defects increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness. The ordinance may provide additional standards to guide the public officer or his agents in determining the fitness of a dwelling for human habitation.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.4** Complaints or orders; service; posting {#sec-40-580.4 omnilex-key=us-la-statutes--rs-title-40--40:580.4}

A. Complaints or orders issued by a public officer pursuant to an ordinance adopted under this Part shall be served upon persons either personally or by registered mail. If the whereabouts of the persons are unknown and cannot be ascertained by the public officer by the use of reasonable diligence and the public officer makes an affidavit to that effect, the complaint or order may be served by publication once each week for two successive weeks in a newspaper printed and published in the municipality, or, in the absence of such a newspaper, in one printed and published in the parish and circulating in the municipality in which the dwellings are located.

B. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy shall also be filed in the mortgage office of the parish in which the dwelling is located. This filing of the complaint has the same force and effect as the filing of lis pendens notices.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.5** Injunction against public officer {#sec-40-580.5 omnilex-key=us-la-statutes--rs-title-40--40:580.5}

A. Any persons affected by an order issued by the public officer may apply to the district court for an injunction restraining the public officer from carrying out the provisions of the order. The court may, upon such application, issue an order restraining the public officer pending final disposition of the cause. Hearings shall be had by the court on the application within twenty days of its filing, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar.

B. In all such proceedings the findings of the public officer as to facts, if supported by evidence, are conclusive. Costs shall be in the discretion of the court.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.6** Damages recoverable {#sec-40-580.6 omnilex-key=us-la-statutes--rs-title-40--40:580.6}

The persons affected by a wrongful order of the public officer may recover any damages due them from action taken under the order or because of noncompliance therewith.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.7** Powers of public officers {#sec-40-580.7 omnilex-key=us-la-statutes--rs-title-40--40:580.7}

An ordinance adopted by the council of the municipality may authorize the public officer to exercise any powers necessary or convenient to carry out and effectuate the purposes and provisions of this Part, including the following:

(1) To investigate the dwelling conditions in the municipality to determine which dwellings therein are unfit for human habitation.

(2) To administer oaths and affirmations and examine witnesses and receive evidence.

(3) To enter upon premises for the purpose of making examinations provided the entries are made in such manner as to cause the least possible inconvenience to the persons in possession.

(4) To appoint and fix the duties of such officers, agents, and employees as he thinks necessary to carry out the purposes of the ordinance.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.8** Estimates of annual expenses; appropriations and donations {#sec-40-580.8 omnilex-key=us-la-statutes--rs-title-40--40:580.8}

A. The council of any municipality adopting an ordinance under this Part, shall, as soon as possible thereafter, prepare an estimate of the annual expenses or costs of providing equipment, personnel, and supplies necessary for periodic examinations and investigations of the dwellings of the municipality for the purpose of determining the fitness of the dwellings for human habitation and for the enforcement and administration of its ordinances adopted under this Part.

B. Municipalities may make any appropriations from their revenues which they think necessary for this purpose and may accept and apply grants or donations to assist them in carrying out the provisions of such ordinances.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.9** Powers conferred in Part supplemental {#sec-40-580.9 omnilex-key=us-la-statutes--rs-title-40--40:580.9}

A. Nothing in this Part abrogates or impairs the power of the courts or of any department of a municipality to enforce any provisions of its charter or its ordinances or regulations or to prevent or punish violations thereof.

B. The powers conferred by this Part are in addition and supplemental to the powers conferred by any other law.

*Acts 1997, No. 1188, §1.*

##### **§ 40:580.10** Authority {#sec-40-580.10 omnilex-key=us-la-statutes--rs-title-40--40:580.10}

Any decision by a housing authority is subject to review by the governing authority of the municipality and appeal to the governing authority of the municipality.

*Acts 1997, No. 1188, §1.*

#### **PART IV** INDIAN HOUSING AUTHORITY LAW (REPEALED)

##### **§ 40:581** §§581, 582 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977. {#sec-40-581 omnilex-key=us-la-statutes--rs-title-40--40:581}

*§§581, 582 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977.*

##### **§ 40:581.1** §§581.1 to 581.41 repealed by Acts 1988, 1st Ex. Sess., No. 1, §10, eff. Mar. 28, 1988. {#sec-40-581.1 omnilex-key=us-la-statutes--rs-title-40--40:581.1}

*§§581.1 to 581.41 repealed by Acts 1988, 1st Ex. Sess., No. 1, §10, eff. Mar. 28, 1988.*

##### **§ 40:582.1** Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024. {#sec-40-582.1 omnilex-key=us-la-statutes--rs-title-40--40:582.1}

*Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.*

##### **§ 40:582.2** Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024. {#sec-40-582.2 omnilex-key=us-la-statutes--rs-title-40--40:582.2}

*Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.*

##### **§ 40:582.3** Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024. {#sec-40-582.3 omnilex-key=us-la-statutes--rs-title-40--40:582.3}

*Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.*

##### **§ 40:582.4** Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024. {#sec-40-582.4 omnilex-key=us-la-statutes--rs-title-40--40:582.4}

*Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.*

##### **§ 40:582.5** Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024. {#sec-40-582.5 omnilex-key=us-la-statutes--rs-title-40--40:582.5}

*Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.*

##### **§ 40:582.6** Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024. {#sec-40-582.6 omnilex-key=us-la-statutes--rs-title-40--40:582.6}

*Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.*

##### **§ 40:582.7** Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024. {#sec-40-582.7 omnilex-key=us-la-statutes--rs-title-40--40:582.7}

*Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.*

##### **§ 40:583** §§583 to 592 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977. {#sec-40-583 omnilex-key=us-la-statutes--rs-title-40--40:583}

*§§583 to 592 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977.*

#### **PART VI** URBAN LAND-BANKING LAW

##### **§ 40:592.1** Short title {#sec-40-592.1 omnilex-key=us-la-statutes--rs-title-40--40:592.1}

This Part may be referred to as the Urban Land-Banking Law.

*Acts 1984, No. 571, §1.*

##### **§ 40:592.2** Declaration of purpose {#sec-40-592.2 omnilex-key=us-la-statutes--rs-title-40--40:592.2}

The legislature hereby finds and declares the following:

(1) There exist in many cities of the state economically and physically depressed residential neighborhood areas which, among other things, suffer from high unemployment, substandard and deteriorated structures, vacant and partially used lots, overcrowded housing, high crime rates, and other blighting influences and undesirable conditions.

(2) The conditions extant in the above-described neighborhoods tend to discourage investment in the construction of new housing affordable for purchase by low to moderate-income families and individuals.

(3) Since the economic and physical ills and problems of depressed residential neighborhood areas typically necessitate the infusion of tax-supported services, improvements, and assistance to relieve and remedy, it is a matter of public policy and concern that corrective measures be taken.

(4) The purpose of this Part is to authorize governing authorities to acquire and resell or lease at its option vacant and undeveloped or unoccupied and uninhabitable real property at prices conducive to the construction of new housing generally affordable to low to moderate-income families and individuals, with such transactions to occur in residential neighborhoods as defined in this Part.

*Acts 1984, No. 571, §1.*

##### **§ 40:592.3** Definitions {#sec-40-592.3 omnilex-key=us-la-statutes--rs-title-40--40:592.3}

For purposes of this Part the following terms shall have the meaning hereinafter ascribed to them unless the context clearly indicates otherwise:

(1) "Governing authority" means the city council or other legislative body charged with governing any incorporated municipality in the state or its duly authorized representative.

(2) "Housing development area" means an area approved by the United States Department of Housing and Urban Development under its Urban Development Action Grant Program or a successor program as a pocket of poverty or an area which by reason of the presence therein of slum, deteriorated, or deteriorating residential or nonresidential buildings, structures or improvements; by reason of the existence therein of significant unsanitary, unhealthy, or other hazardous conditions which endanger the public health, safety, morals, or welfare of the inhabitants thereof and of the city; or by reason of the existence of any combination of the herein stated causes, factors, or conditions, results in a condition in that area which substantially retards or arrests the provision of a sound and safe housing environment.

(3) "Low and moderate-income families and individuals" means those families and individuals whose gross annual incomes does not exceed one hundred twenty percent of the metropolitan statistical area or parish median income as adjusted by family size based on data from the United States Census Bureau, the United States Department of Housing and Urban Development, or another acceptable and appropriate data source.

(4) "Nonprofit corporation" means any organization organized on a not-for-profit basis under the provisions of Chapter II of Title 12 of the Louisiana Revised Statutes of 1950.

(5) "Person" means any individual, firm, partnership, corporation, association, or body politic and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.

(6) "Real property" means all lands, including improvements and fixtures thereon, property of any nature appurtenant thereto and used in connection therewith, and every estate, interest, right or use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise.

(7) "Rehabilitation" means the provision of improvement to a substandard structure in order that it attains at a minimum United States Department of Housing and Urban Development's Section 8 Housing Quality Standards or local codes after improvements are completed.

(8) "Substandard structure" means an uninhabited structure which is not acceptable for occupancy due to its state of disrepair and deterioration. The unit does not meet local codes or United States Department of Housing and Urban Development's Section 8 Housing Quality Standards.

*Acts 1984, No. 571, §1.*

##### **§ 40:592.4** Designated area {#sec-40-592.4 omnilex-key=us-la-statutes--rs-title-40--40:592.4}

The provisions of this Part shall apply only within the boundaries of properly approved housing development areas as provided by law.

*Acts 1984, No. 571, §1.*

##### **§ 40:592.5** Governing authority; duties and powers {#sec-40-592.5 omnilex-key=us-la-statutes--rs-title-40--40:592.5}

The governing authority or its duly authorized designee shall administer the provisions of this Part and shall have the following powers and duties:

(1) To acquire by purchase, donation, or bequest vacant, undeveloped real property and/or real property on which one or more substandard structures are located provided that the transaction does not involve the exercise of municipal expropriation powers except as permitted in this Part.

(2) To exercise expropriation powers only when necessary to correct or otherwise address title defects, problems of identifying and/or locating property owners, property description discrepancies, and similar problems.

(3) To demolish and remove or cause to be demolished and removed any substandard structures and other improvements and fixtures as may detract from the reuse of the property as a site or sites for the construction of new housing or the placement of already-constructed housing which will be improved to comply with local building codes and resold.

(4)(a) To resell or lease the real property acquired hereunder by publicly advertised competitive bid to private persons at not less than nor more than the fair market value thereof or otherwise transfer title except through donation of that property to a qualified nonprofit corporation.

(b) In no case shall the sale price be less than the purchase price.

(c) The property to be sold or otherwise disposed of shall only be used as a site for the construction of new owner-occupied housing and/or the placement of relocated housing which is to be properly improved and resold to owner-occupants and shall be subject to such other covenants, conditions, and restrictions including covenants running with the land, reasonable construction start and completion times, sale or resale affordability guidelines, etc., as may be deemed necessary and desirable to assist in accomplishing the purposes of this Section and in complying with the municipality's master or comprehensive plan, zoning ordinance, and other applicable codes, ordinances, policies, programs, and plans, if any.

*Acts 1984, No. 571, §1.*

##### **§ 40:592.6** Taxes; exemption {#sec-40-592.6 omnilex-key=us-la-statutes--rs-title-40--40:592.6}

The property of the governing authority acquired or held for the purposes of this Part is declared to be public property and shall be exempt from all taxes of the municipality, the parish, the state, and any political subdivision thereof, except as may otherwise be provided by the Constitution of Louisiana, but such tax exemption shall terminate when the municipality sells, leases, or otherwise disposes of the property to a purchaser, lessee, or transferee which is not a public body and not otherwise entitled to tax exemption.

*Acts 1984, No. 571, §1.*

##### **§ 40:592.7** Title; conclusive proof of compliance {#sec-40-592.7 omnilex-key=us-la-statutes--rs-title-40--40:592.7}

Any instrument executed by the governing authority purporting to convey all right, title, or interest in any property under this Part shall be conclusively presumed to have been executed in compliance with the provisions of this Part insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.

*Acts 1984, No. 571, §1.*

##### **§ 40:593** §§593 to 597 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977. {#sec-40-593 omnilex-key=us-la-statutes--rs-title-40--40:593}

*§§593 to 597 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977.*

#### **PART VII** OPEN HOUSING (REPEALED)

##### **§ 40:597.1** §§597.1 to 597.18 repealed by Acts 1989, No. 662, §8, eff. July 7, 1989. {#sec-40-597.1 omnilex-key=us-la-statutes--rs-title-40--40:597.1}

*§§597.1 to 597.18 repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.*

##### **§ 40:598** §§598 to 600 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977. {#sec-40-598 omnilex-key=us-la-statutes--rs-title-40--40:598}

*§§598 to 600 repealed by Acts 1977, No. 83, §5, eff. June 22, 1977.*

#### **PART VIII** STATE LAND BANKING AUTHORITY ACT

##### **§ 40:599.1** Declaration of purpose {#sec-40-599.1 omnilex-key=us-la-statutes--rs-title-40--40:599.1}

The legislature hereby finds and declares the following:

(1) There exists in many cities of the state economically and physically depressed
areas which, among other things, suffer from high unemployment, substandard and
deteriorated structures, vacant and partially used lots, high crime rates, and other blighting
influences and undesirable conditions.

(2) Since the economic and physical ills and problems of depressed areas typically
necessitate the infusion of tax-supported services, improvements, and assistance to relieve
and remedy, it is a matter of public policy and concern that corrective measures be taken.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.2** Definitions {#sec-40-599.2 omnilex-key=us-la-statutes--rs-title-40--40:599.2}

The following terms, whenever used or referred to in this Part, have the following
respective meanings, unless a different meaning clearly appears from the context:

(1) "Authority" means a quasi-public nonprofit entity created by one or more local
governments under this Part.

(2) "Board" means the board of directors of an authority.

(3) "Bond" means a bond issued by an authority under this Part. "Bond" shall include
a bond, a refunding bond, a note, and any other obligation.

(4) "Cost" means:

(a) Purchase price of property.

(b) Cost of any improvements made to property.

(c) Amount to be paid to discharge each obligation necessary or desirable to vest title
to any part of the property in an authority or other owner.

(d) Amount to be paid to discharge each obligation necessary or desirable to vest title
to any party of property in an authority or other owner.

(e) Cost of any property, right, easement, franchise, or permit associated with a
project.

(f) Cost of labor, machinery, and equipment necessary to implement a project.

(g) Financing charges.

(h) Interest and reserves for principal and interest and for improvements.

(i) Cost of revenue and cost estimates, engineering and legal services, plans,
specifications, studies, surveys, and other expenses necessary or incident to determining the
feasibility or practicability of a project.

(j) Administrative expenses.

(k) Other expenses as necessary or incident to:

(i) Financing a project.

(ii) Acquiring and improving a project.

(iii) Placing a project in operation, including reasonable provisions for working
capital.

(iv) Operating and maintaining a project.

(5) "Local government" means a municipality or a parish.

(6)(a) "Project" means any organized plan carried out by an authority in relation to:

(i) Acquiring and rehabilitating abandoned and dilapidated properties.

(ii) Marketing and leasing, selling, or otherwise transferring the rehabilitated
properties.

(b) "Project" includes:

(i) Acquiring land or an interest in land.

(ii) Acquiring structures, equipment, and furnishings located on a property.

(iii) Acquiring property that is functionally related and subordinate to a project.

(iv) Obtaining or contracting for any services necessary for the rehabilitation of a
property.

(7) "Revenue" means the income, revenue, and other money an authority receives
from or in connection with a project and all other income of an authority. Revenue includes
grants, rentals, rates, fees, and charges.

(8) "Tax sale property" means property or an interest in property sold by the tax
collector of the parish or for which interest has been adjudicated by a local government.

(9) "Trust agreement" means an agreement entered into by an authority to secure a
bond. Trust agreement includes a bond contract, bond resolution, or other contract with or
for the benefit of a bondholder.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.3** General {#sec-40-599.3 omnilex-key=us-la-statutes--rs-title-40--40:599.3}

A. The provisions of this Part shall be liberally construed to accomplish its purposes.

B. The powers granted to and under this Part are supplemental to powers granted to
an authority under any other law.

C. The provisions of this Part do not authorize an authority to:

(1) Exercise the power of eminent domain.

(2) Impose any tax or special assessment.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.4** Establishment {#sec-40-599.4 omnilex-key=us-la-statutes--rs-title-40--40:599.4}

A. The governing body of a local government may establish a land bank authority in
accordance with this Part, which shall be subject to the provisions of the Nonprofit
Corporation Law, R.S. 12:201 et seq.

B. Two or more local governments may elect to enter into an intergovernmental
cooperation agreement to create a single land bank to act on behalf of the local governments.

C. An ordinance adopted under this Section:

(1) Is administrative in nature.

(2) Is not subject to referendum.

(3) In a parish that has a publicly elected parish executive or in a municipality that
has a publicly elected chief executive or mayor, is subject to approval by the parish
executive, chief executive, or mayor.

D. An ordinance adopted under the provisions of this Part shall include all of the
following:

(1) The name of the authority, which shall be "Land Bank Authority of (name of the
incorporating local government)".

(2) The authority is formed under this Part.

(3) The names, addresses, and terms of office of the initial members of the board.

(4) The address of the principal office of the authority.

(5) The purposes for which the authority is formed.

(6) The powers of the authority, subject to the limitations of this Part.

E.(1)(a) The chief executive or mayor of the incorporating local government, or any
other official designated in the ordinance establishing an authority, shall execute and file the
articles of incorporation in accordance with the provisions of the Nonprofit Corporation Law,
R.S. 12:201 et seq., and pay applicable filing fees in accordance with R.S. 49:222, to the
secretary of state.

(b) An entity incorporated pursuant to this Part shall not be subject to the restrictions
in R.S. 12:204(A).

(2) When the articles of incorporation are filed in accordance with the requirements
of this Section, the authority becomes a body politic and corporate and an instrumentality of
the incorporating local government.

(3) Filing of the articles of incorporation with the secretary of state is conclusive
evidence of the formation of the authority.

F.(1) By ordinance, the governing authority of the incorporating local government
may seek to amend the articles of incorporation of an authority.

(2) The proposed articles of amendment, passed by ordinance, may contain any
provision that lawfully may be contained in articles of incorporation at the time of the
amendment.

(3) The governing authority shall take all steps to file the articles of amendment with
the secretary of state.

(4) The articles of amendment are effective as of the time the articles of amendment
are filed with the secretary of state in accordance with the provisions of the Nonprofit
Corporation Law, R.S. 12:201 et seq.

G. Subject to this Part and any limitations imposed by law on the impairment of
contracts, the incorporating local government, in its sole discretion, by ordinance may:

(1) Set or change the structure, organization, procedures, programs, or activities of
an authority.

(2) Terminate the authority.

(3) If one or more local governments engaged in an intergovernmental cooperation
agreement decide not to terminate the authority, the authority may continue to operate if:

(a) The name of the authority is revised to remove the local government that has
decided to terminate its participation in the authority by withdrawal.

(b) The withdrawing local government designates all property to remain with the
authority.

(i) On demand of a withdrawing local government that is a municipality, all property
located wholly within the municipality shall be transferred to the municipality.

(ii) On demand of a withdrawing local government that is a parish, all property
located wholly within the parish and outside any municipality participating in the
intergovernmental cooperation agreement shall be transferred to the parish.

(iii) All obligations of the authority to the withdrawing local government and of the
withdrawing local government to the authority are assumed by the withdrawing local
government.

(4) Notwithstanding the provisions of this Section, an entity incorporated pursuant
to this Part shall be required to follow the provisions of the Nonprofit Corporation Law, R.S.
12:201 et seq., when amending its articles of incorporation and articles of amendment or
electing to terminate its operations.

H. On termination of the authority:

(1) Title to all property of the authority shall be transferred to and shall vest in the
incorporating local government.

(2) All obligations of the authority shall be transferred to and assumed by the
incorporating local government.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.5** Board of directors {#sec-40-599.5 omnilex-key=us-la-statutes--rs-title-40--40:599.5}

An ordinance that creates an authority shall establish a board to govern the authority
and shall include provisions for:

(1) Appointment of procedures.

(2) Powers of the board.

(3) Removal procedures.

(4) Term lengths.

(5) The election of a chair.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.6** Powers {#sec-40-599.6 omnilex-key=us-la-statutes--rs-title-40--40:599.6}

A. Except as limited by the authority's articles of incorporation, an authority has all
the powers specified in this Part.

B. An authority may:

(1) Adopt, amend, and repeal bylaws for the conduct of business of the authority.

(2) Sue and be sued.

(3) Maintain an office at a place the authority designates.

(4) Borrow money.

(5) Issue bonds and other obligations for any corporate purpose in accordance with
this Subtitle or an ordinance adopted under this Subtitle.

(6) Invest money of the authority in instruments, obligations, securities, or property.

(7) Enter into contracts and execute the instruments or agreements necessary or
convenient to carry out this Part or an ordinance adopted under this Part to accomplish the
purposes of the authority.

(8) Solicit and accept gifts, grants, loans, or other assistance in any form from any
public or private source, subject to this Subtitle or any ordinance adopted under this Part.

(9) Participate in a program of the federal government, the state, a political
subdivision of the state, or an intergovernmental entity created under state law.

(10) Contract for goods and services.

(11) Study, develop, and prepare reports or plans to assist in the authority's exercise
of powers and to monitor and evaluate the authority's progress.

(12) Contract with public or private entities for services necessary to manage and
operate the authority.

(13) Provide acquisition, management, and sale services to a local government for
property owned by the local government.

(14) Create, own, control, or be a member of a corporation, limited liability company,
partnership, or other person, whether operated for profit or not for profit, for the purposes of
development property in order to maximize marketability.

(15) Exercise a power usually possessed by a private corporation in performing
similar functions, unless to do so would conflict with state law.

(16) Insure against losses in connection with the real property, assets, or activity of
the authority.

(17) Design, develop, construct, demolish, rehabilitate, renovate, relocate, and
otherwise improve real property or interest in real property.

(18) Raise revenue by a legal means required to make the operations and activities
of the authority self-sustaining.

(19) Do all things necessary or convenient to carry out the powers expressly granted
by this Subtitle or by an ordinance adopted under this Part.

C. An authority may delegate to a member or officer a power granted to the authority
by this Part, including the power to execute a bond, obligation, certificate, deed, lease,
mortgage agreement, or other document or instrument.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.7** Property {#sec-40-599.7 omnilex-key=us-la-statutes--rs-title-40--40:599.7}

A. An authority may:

(1) Acquire real property or rights or interests in real property, directly or through a
person or governmental entity, by gift, devise, transfer, exchange, foreclosure, purchase, or
otherwise on terms and conditions and in a manner the authority considers proper.

(2) Own property in the authority's name, including tax-foreclosed property and
adjudicated property without clear title.

(3) Sell, lease as lessor, transfer, and dispose of the authority's interest in property.

(4) Procure insurance against loss in connection with the property, assets, or activities
of the authority.

(5) Execute deeds, mortgages, contracts, leases, purchases, or other agreements
regarding the property of the authority.

B. Property purchased, owned, or sold under this Part may not be located outside the
jurisdiction of the local government in which the authority is located.

C.(1) An authority may quiet title or foreclose on a property in which it holds an
interest by:

(a) Conducting an examination of title to determine the identity of any person
possessing a claim or interest in the property.

(b) Filing a complaint to quiet title.

(2) An authority may join a single complaint to quiet title or foreclose on one or more
parcels of real property.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.8** Staff and consultants {#sec-40-599.8 omnilex-key=us-la-statutes--rs-title-40--40:599.8}

An authority may employ staff and retain consultants and set their compensation.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.9** Appointment of a receiver {#sec-40-599.9 omnilex-key=us-la-statutes--rs-title-40--40:599.9}

The court may appoint an authority to serve as a receiver in a receivership proceeding
filed by a local government.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.10** Internal administration {#sec-40-599.10 omnilex-key=us-la-statutes--rs-title-40--40:599.10}

A. An authority shall:

(1) Adopt a code of ethics for the authority's directors, officers, and employees.

(2) Establish policies and procedures requiring:

(a) The disclosure of relationships that may create a conflict of interest.

(b) Any member of the board with a direct or indirect interest in a matter before the
authority to disclose the member's interest to the board before the board takes any action on
the matter.

(3) Comply with the Open Meetings Law.

B. Except as otherwise provided in this Part or the ordinance establishing an
authority, the procedures of the incorporating local government control any matter relating
to the internal administration of an authority.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.11** Immunity {#sec-40-599.11 omnilex-key=us-la-statutes--rs-title-40--40:599.11}

An authority may have the same immunities as the local government that creates the
authority.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.12** Property rights {#sec-40-599.12 omnilex-key=us-la-statutes--rs-title-40--40:599.12}

A. With respect to property held or owned by the authority, the authority may:

(1) Grant or acquire a license, an easement, or an option.

(2) Set, charge, and collect rents, fees, and charges for use of the property.

(3) Pay taxes or special assessments due.

(4) Take any action, provide any notice, or institute any proceeding required to clear
or quiet title in order to establish ownership by and vest title to property in the authority.

(5) Abate violations of the local and state buildings, fire, health, and related codes.

(6) Hold, manage, maintain, operate, repair, lease as lessor, secure, and prevent the
waste or deterioration of, or demolish the property and take all other actions necessary to
preserve the value of the property.

B. An authority shall be made a party to, and shall defend any action or proceeding
concerning, claims against property held by the authority.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.13** Inventory and classification {#sec-40-599.13 omnilex-key=us-la-statutes--rs-title-40--40:599.13}

A. Property held by an authority shall be inventoried and classified according to title
status and suitability for use.

B. A clerk of the court may not charge a fee to record a document evidencing the
transfer under this Part of property to the authority by the state or a local government.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.14** Outstanding tax liens {#sec-40-599.14 omnilex-key=us-la-statutes--rs-title-40--40:599.14}

A.(1) After an unsuccessful attempt by the local government to collect an outstanding
lien at tax sale and subject to the approval of governing body, or tax collector of the
jurisdiction where the property is located, an authority may accept from a person with an
interest in tax delinquent property, or tax sale property a deed or assignment conveying that
person's interest in the property instead of:

(a) The foreclosure or sale of the property for delinquent taxes, penalties, and interest.

(b) Delinquent taxes imposed by a local taxing jurisdiction.

(2)(a) After an unsuccessful attempt by the local government to collect outstanding
liens that are delinquent and at the discretion of the governing body of the jurisdiction, or the
tax collector where the property is located, an authority may accept from the local
government with an interest in a tax delinquent property, or tax sale property its interest in
the tax liens in the property.

(b) The authority may:

(i) Collect on liens or taxes collected under Subparagraph (1)(a) of this Subsection
and retain all payment of taxes, liens, penalties, or any interest on the liens or taxes.

(ii) Foreclose on, enter into a deed in lieu of foreclosure, or sell the property for the
liens or taxes and retain all payment of taxes, penalties, or interest on the liens or taxes and
the costs of selling the property and, if any other net proceeds remain from the sale, return
any net proceeds to the tax collector for distribution on a pro rata basis to the appropriate
taxing units in a ration equal to the delinquent taxes, penalties, and interest owed on the
property.

B. Conveyance of property by deed instead of foreclosure or transfer of a lien or tax
on property under this Section may not affect or impair any other lien against the property
or any existing recorded or unrecorded interest in the property, including any:

(1) Easement of right-of-way.

(2) Future installment of a special assessment.

(3) Lien recorded by the state.

(4) Private deed restriction.

(5) Security interest or mortgage.

(6) Tax lien of another taxing jurisdiction that does not consent to a release of its lien.

C. A tax lien against property held by or under the control of an authority may be
released or abated at any time by:

(1) A local government with respect to a lien held by the local government.

(2) The governing body of any taxing jurisdiction other than the state, parish, or
municipality with respect to a lien held by the taxing jurisdiction.

(3) The comptroller with respect to a state tax lien.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.15** Money and proceeds {#sec-40-599.15 omnilex-key=us-la-statutes--rs-title-40--40:599.15}

A. Except as provided in Subsections C and D of this Section, money received by an
authority as payment of taxes, penalties, or interest, or from the redemption or sale of
property subject to a tax lien of any taxing unit, shall be returned to the tax collector in the
jurisdiction where the property is located for distribution on a pro rata basis to the
appropriate taxing units in an amount equal to delinquent taxes, penalties, and interest owed
on the property.

B. Proceeds received by an authority may be retained by the authority for the
purposes of this Part, unless otherwise designated by:

(1) An agreement of the authority.

(2) The provisions of a deed.

(3) This Subtitle.

(4) Any other law.

C. Money received by an authority as payment of taxes, penalties, or interest, or from
the redemption or sale of property subject to a tax lien of any taxing unit may be retained by
an authority under a written agreement with a local government or a law enacted by the
legislative body of a local government.

D.(1) To facilitate a transfer of real property to an authority, the governing body for
the jurisdiction where the real property is located may release any liens for unpaid real
property taxes or other charges and assessments imposed by the governing body to which the
property would be otherwise subject, if:

(a) The total amount of liens for unpaid real property taxes, charges, and assessments
imposed with respect to the property exceeds the lesser of the total value of the land and any
improvement on the land as last determined by the tax assessor of the governing body or as
determined by an appraisal report prepared, not more than six months before the request for
the release of the lien, by a real estate appraiser who is licensed.

(b) The tax collector for the local government has sold real property at a tax sale, but
the tax sale certificate has become void.

(2) The code of enforcement office, housing, department, or equivalent department
or agency of the local government of the jurisdiction where the tax lien is held certifies that
the property:

(a) Is a vacant lot.

(b) Has a building or structure that is:

(i) Vacant.

(ii) Unsafe or unfit for habitation.

(3) The authority finds that a transfer under this Section is necessary:

(a) To eliminate a blighting influence.

(b) To prevent the tax abandonment of a property.

E. The release of a lien for real property taxes, charges, or assessments as authorized
under Paragraph (1) of this Subsection does not abate the transferor's liability for the
remaining amount of the tax debt.

F. The governing body of a jurisdiction may set additional standards and requirements
for approval of the release of liens under this Section.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.16** State and local taxes {#sec-40-599.16 omnilex-key=us-la-statutes--rs-title-40--40:599.16}

A. An authority is exempt from any state or local tax or assessment on the authority's
properties or activities or on any revenue from the properties or activities.

B. Except as provided in Subsection D of this Section, property that an authority sells
or leases to a private entity is subject to state and local property taxes from the time of the
sale or lease.

C. The principal of an interest on bonds, the transfer of bonds, and any income
derived from the bonds, including profits made on their sale or transfer, are exempt from all
state and local taxes.

D. Sale or lease to a nonprofit organization is exempt from state and local property
taxes from the time of sale or lease, if:

(1) The nonprofit organization has entered into an agreement with an authority to
redevelop the property.

(2) The agreement is in force and effect and not defaulted on within the application
period.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.17** Civil action {#sec-40-599.17 omnilex-key=us-la-statutes--rs-title-40--40:599.17}

A. An authority may bring a civil action to prevent, restrain, or enjoin unlawful
removal of any property from real property held by the authority.

B.(1) An authority shall be made a party to any action to set aside:

(a) Title to property the authority holds.

(b) The sale of property by the authority.

(2) A hearing in an action under this Subsection may not be held until the authority
is served.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.18** Public property {#sec-40-599.18 omnilex-key=us-la-statutes--rs-title-40--40:599.18}

A. Property of an authority is public property devoted to an essential public and
governmental function and purpose.

B. Income of an authority is received for a public and governmental purpose.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.19** Local laws {#sec-40-599.19 omnilex-key=us-la-statutes--rs-title-40--40:599.19}

An authority is subject to any local:

(1) Land use controls.

(2) Permitting processes for construction, demolition, or repair of a property.

(3) Zoning laws.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.20** Report {#sec-40-599.20 omnilex-key=us-la-statutes--rs-title-40--40:599.20}

An authority shall report annually on the activities of the authority to the local
government where the authority is located.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.21** Bonds {#sec-40-599.21 omnilex-key=us-la-statutes--rs-title-40--40:599.21}

A.(1) An authority may:

(a) Issue bonds to pay the cost of acquiring or improving property.

(b) Fund or refund the bonds.

(c) Purchase bonds with any funds available.

(d) Hold, pledge, cancel, or resell bonds.

(2) By resolution, an authority may authorize the chair, one of the authority's
members, or a committee of the members to determine or provide for any matter relating to
bonds that the authority considers appropriate, including:

(a) Specifying, determining, requiring, and approving matters, documents, and
procedures that relate to the authorization, sale, security, issuance, delivery, and payment of
and for the bonds.

(b) Creating security for the bonds.

(c) Providing for the administration of bond issues.

(3) The power granted in Paragraph (2) of this Subsection is in addition to powers
conferred on the authority by this Part and does not limit any power of the authority under
this Part.

(4) Within the limits that the authority sets, the authority may authorize the executive
director to take any of the actions described in Paragraph (2) of this Subsection.

B. An authority may issue the bonds at one time or in one or more series.

C. For each issue of an authority's bonds, the authority shall pass a resolution that:

(1) Specifies and describes the project for which the proceeds of the bond issuance
are intended.

(2) Generally describes the public purpose and the financing transaction to be
accomplished.

(3) Specifies the maximum principal amount of the bonds that may be issued by the
authority.

(4) Imposes any terms or conditions on the issuance and sale of the bonds that the
authority considers appropriate.

D. Subject to any provision for their registration, bonds are negotiable instruments
for all purposes regardless of whether they are payable from a special fund.

E.(1) The bonds may be serial bonds, term bonds, or both.

(2) Subject to any delegation under Paragraph (A)(3) of this Section, the resolution
authorizing bonds may provide:

(a) The dates of the bonds.

(b) The maturity dates of the bonds.

(c) The interest rates on the bonds.

(d) The time at which the bonds will be payable.

(e) The denominations of the bonds.

(f) Whether the bonds will be in coupon or registered form.

(g) Any registration privileges of the bonds.

(h) The manner of execution of the bonds.

(i) The place at which the bonds will be payable.

(j) Any terms of redemption of the bonds.

(3) The bonds shall mature within a period not to exceed fifty years after the date of
issue.

(4) The bonds shall be payable in United States currency.

F. An authority shall sell the bonds at competitive or negotiated sale in a manner and
for a price the authority determines to be in the authority's best interest.

G. An officer's signature or facsimile on a bond remains valid if the officer leaves
office before the bond is delivered.

H. Pending preparation of the definitive bonds, an authority may issue interim
receipts or certificates that will be exchanged for definitive bonds.

I. A trust agreement authorizing bonds may contain provisions that are part of the
contract with bondholders, including:

(1) The rates, rentals, fees, and other charges, the amounts to be raised in each year,
and the use and disposition of the revenues.

(2) The setting aside of reserves and sinking funds and their disposition.

(3) Limits on the right of the authority or the authority's agents to restrict and regulate
the use of a project.

(4) Limits on the purpose to which the proceeds of the sale of bonds may be applied.

(5) Limits on issuing additional bonds and refunding bonds and the terms under
which additional bonds may be issued and secured.

(6) The procedure to amend or abrogate the terms of a contract with bondholders and
the requirements for consent.

(7) Limits on the amount of project revenues to be expended for operating,
administrative, or other expenses of the authority.

(8) The acts or omissions that constitute default by the authority and the rights and
remedies of the bondholders in a default.

(9) The conveyance or mortgaging of a project and its site to secure the bondholders.

(10) Creation and disposition of a collateral fund to secure the bondholders.

(11) Pledging the following to secure payment of bonds, subject to any existing
agreements with bondholders:

(a) The full faith and credit of an authority.

(b) Revenues of a project.

(c) A revenue-producing contract the authority has made with a person or public
entity.

(d) The proceeds of the sale of bonds.

J. The members of an authority and a person executing the bonds may not be held
liable personally on the bonds.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.22** Trust agreement {#sec-40-599.22 omnilex-key=us-la-statutes--rs-title-40--40:599.22}

A. The corporate trustee under a trust agreement may be a trust company or bank that
has the powers of a trust company in or outside of the state.

B. An expense incurred out of the trust agreement or a resolution may be treated as
part of the cost of the operation of a project.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.23** Conclusive and binding determination of authority {#sec-40-599.23 omnilex-key=us-la-statutes--rs-title-40--40:599.23}

Notwithstanding any other provision of this Part, in a proceeding involving the
validity or enforceability of a bond or the security for a bond, the determination of an
authority under this Part is conclusive and binding.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.24** Securities {#sec-40-599.24 omnilex-key=us-la-statutes--rs-title-40--40:599.24}

Bonds are securities:

(1) That may be deposited with and received by a unit of the state or a political
subdivision of the state for any purpose for which the deposit of bonds or obligations of the
state is authorized by law.

(2) In which any of the following persons or entities may legally and properly invest
money, including capital that the person or entity owns or controls:

(a) An officer or a unit of the state or a political subdivision of the state.

(b) A bank, a trust company, a savings and loan association, an investment company,
or any other person conducting a banking business.

(c) An insurance company, an insurance association, or any other person conducting
an insurance business.

(d) A personal representative, a guardian, a trustee, or any other fiduciary.

(e) Any other person.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.25** Liability; full faith and credit {#sec-40-599.25 omnilex-key=us-la-statutes--rs-title-40--40:599.25}

A. A bond is not:

(1) A debt or liability of the state or a political subdivision of the state.

(2) A pledge of the full faith and credit of the state or a political subdivision of the
state.

B. Each bond shall state on its face that neither the state nor a political subdivision
of the state is obliged to pay the principal of or interest on the bond except from revenues
pledged to the payment of the bond.

C. The issuance of bonds does not directly, indirectly, or contingently obligate the
state or any political subdivision:

(1) To impose or pledge a tax to pay the bonds.

(2) To appropriate money to pay the bonds.

D. The provisions of this Section do not prohibit an authority from pledging its full
faith and credit in connection with the issuance of bonds.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.26** Rates, rents, and fees {#sec-40-599.26 omnilex-key=us-la-statutes--rs-title-40--40:599.26}

A. An authority may:

(1) Impose rates, rents, fees, and charges related to a project and for the services
related to a project.

(2) Contract with any person or governmental entity to exercise its authority under
this Section.

B. The rates, rents, fees, and charges established by an authority under this Section
shall be imposed and adjusted so that the aggregate amount of the rates, rents, fees, and
charges from the project, when added to other available money, is sufficient to:

(1) Pay for the expense for the project.

(2) Pay the principal of and the interest on the bonds that the authority issued for the
project as they become due and payable.

(3) Create and maintain reserves required or provided for in a trust agreement.

C. The rates, rents, fees, and charges established by an authority under this Section
are not subject to supervision or regulation by any unit of the state.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.27** Pledge of revenue {#sec-40-599.27 omnilex-key=us-la-statutes--rs-title-40--40:599.27}

A.(1) Any pledge of revenues and other money under this Part is valid and binding
from the time the pledge is made.

(2)(a) The revenue or money that an authority pledges and receives is subject
immediately to the lien of the pledge.

(b) Neither physical delivery of the revenue or money nor any other act is required
to validate the lien.

(3) The lien of the pledge is valid and binding against each party with a claim against
the authority in tort, contract, or otherwise, regardless of whether the party has notice of the
lien.

B. The trust agreement and any other agreement or lease creating a pledge under this
Section need not be filed or recorded, except in the records of the authority.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.28** Trust funds {#sec-40-599.28 omnilex-key=us-la-statutes--rs-title-40--40:599.28}

A. Proceeds from the sale of bonds and other revenues received under this Part are
trust funds to be held and applied solely as provided in this Subtitle.

B.(1) Each officer, bank, or trust company that receives trust money from the
authority under this Part shall act as trustee of the money and shall hold and apply the money
for the purposes specified under this Part.

(2) The officer, bank, or trust company holding money is subject to:

(a) Any regulation adopted under this Subtitle.

(b) The resolution authorizing the issuance of bonds or the trust agreement.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.29** Refunding bonds {#sec-40-599.29 omnilex-key=us-la-statutes--rs-title-40--40:599.29}

A.(1) An authority may issue bonds to refund outstanding bonds of the authority,
including paying:

(a) Any redemption premium.

(b) Interest accrued or to accrue to the date of redemption, purchase, or maturity of
the bonds.

(c) Any part of the cost of acquiring or improving property as part of a project.

(2) Refunding bonds may be issued for any corporate purpose, including:

(a) Realizing savings in the effective costs of debt service, directly or through a debt
restructuring.

(b) Alleviating a potential or actual default.

B. Refunding bonds issued under this Section shall be issued in the same manner and
are subject to this Part to the same extent as any other bond.

C. An authority may issue refunding bonds in one or more series in an amount greater
than the amount of the bonds to be refunded.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.30** Bond anticipation notes {#sec-40-599.30 omnilex-key=us-la-statutes--rs-title-40--40:599.30}

A. An authority may issue negotiable bond anticipation notes in anticipation of the
sale of bonds for any corporate purpose.

B. Bond anticipation notes issued under this Section shall be issued in the same
manner as bonds.

C. Bond anticipation notes issued under this Section and the resolution authorizing
them may contain any provision, condition, or limitation that may be included in a trust
agreement.

D. An authority may issue bond anticipation notes to pay any other anticipation notes.

E. Bond anticipation notes shall be paid from:

(1) Money available and not otherwise pledged.

(2) Revenues of the authority.

(3) The proceeds of the sale of the bonds in anticipation of which the notes were
issued.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.31** Conveyance of title and release of collateral {#sec-40-599.31 omnilex-key=us-la-statutes--rs-title-40--40:599.31}

A. An authority shall convey title to property relating to a project and release
collateral in accordance with this Section when:

(1)(a) The principal of an interest on bonds issued to finance or refinance the project,
including any refunding bonds, have been fully paid and retired.

(b) Adequate provision has been made to fully pay and retire the bonds.

(2) All other conditions of trust agreement have been satisfied.

(3) The lien of the trust agreement has been released.

B. On satisfaction of the conditions under Subsection A of this Section, an authority
promptly shall execute any deed, conveyance, release, or document and take any other action
necessary to convey title to the property and release collateral free of any lien or
encumbrance created through the authority.

*Acts 2025, No. 443, §1.*

##### **§ 40:599.32** Enforcement of rights and duties {#sec-40-599.32 omnilex-key=us-la-statutes--rs-title-40--40:599.32}

A. A bondholder, a holder of any coupons attached to bonds, or a trustee under a trust
agreement securing the bonds may sue:

(1) To protect and enforce rights under state law or a trust agreement.

(2) To enforce and compel the performance of duties by an authority or its officer,
employee, or agent that this Subtitle or a trust agreement requires, including imposing rates,
rents, fees, and charges that the trust agreement requires to be imposed.

B. The rights under this Section are subject to any trust agreement.

*Acts 2025, No. 443, §1.*

### **CHAPTER 3-A** LOUISIANA HOUSING FINANCE ACT

##### **§ 40:600.1** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.1 omnilex-key=us-la-statutes--rs-title-40--40:600.1}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.2** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.2 omnilex-key=us-la-statutes--rs-title-40--40:600.2}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.3** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.3 omnilex-key=us-la-statutes--rs-title-40--40:600.3}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.4** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.4 omnilex-key=us-la-statutes--rs-title-40--40:600.4}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.5** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.5 omnilex-key=us-la-statutes--rs-title-40--40:600.5}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.6** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.6 omnilex-key=us-la-statutes--rs-title-40--40:600.6}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.7** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.7 omnilex-key=us-la-statutes--rs-title-40--40:600.7}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.8** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.8 omnilex-key=us-la-statutes--rs-title-40--40:600.8}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.9** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.9 omnilex-key=us-la-statutes--rs-title-40--40:600.9}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.10** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.10 omnilex-key=us-la-statutes--rs-title-40--40:600.10}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.11** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.11 omnilex-key=us-la-statutes--rs-title-40--40:600.11}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.12** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.12 omnilex-key=us-la-statutes--rs-title-40--40:600.12}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.13** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.13 omnilex-key=us-la-statutes--rs-title-40--40:600.13}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.14** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.14 omnilex-key=us-la-statutes--rs-title-40--40:600.14}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.15** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.15 omnilex-key=us-la-statutes--rs-title-40--40:600.15}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.16** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.16 omnilex-key=us-la-statutes--rs-title-40--40:600.16}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.17** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.17 omnilex-key=us-la-statutes--rs-title-40--40:600.17}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.18** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.18 omnilex-key=us-la-statutes--rs-title-40--40:600.18}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.19** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.19 omnilex-key=us-la-statutes--rs-title-40--40:600.19}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.20** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.20 omnilex-key=us-la-statutes--rs-title-40--40:600.20}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.21** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.21 omnilex-key=us-la-statutes--rs-title-40--40:600.21}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.22** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.22 omnilex-key=us-la-statutes--rs-title-40--40:600.22}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.23** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.23 omnilex-key=us-la-statutes--rs-title-40--40:600.23}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.24** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.24 omnilex-key=us-la-statutes--rs-title-40--40:600.24}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.25** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.25 omnilex-key=us-la-statutes--rs-title-40--40:600.25}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

##### **§ 40:600.25.1** Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012. {#sec-40-600.25.1 omnilex-key=us-la-statutes--rs-title-40--40:600.25.1}

*Repealed by Acts 2011, No. 408, §3, eff. midnight, June 30, 2012.*

### **CHAPTER 3-B** LOUISIANA HOUSING TRUST FUND ACT OF 2003

##### **§ 40:600.26** Short title; purpose {#sec-40-600.26 omnilex-key=us-la-statutes--rs-title-40--40:600.26}

A. This Chapter may be cited as the "Louisiana Housing Trust Fund Act of 2003".

B. The legislature hereby finds and declares that there exists in the state a need to assist low-income individuals and families in accessing affordable housing and to provide for the development, rehabilitation, and preservation of decent, safe, and affordable housing for low-income individuals and families and to address homelessness; and, therefore, to address these needs, the purposes of this Chapter shall be the following:

(1) To fill the growing gap in Louisiana's ability to build affordable housing by encouraging the dedication of public and private sources to fund additional housing activities.

(2) To develop rental housing for individuals and families with the greatest economic need, in mixed-income settings and in areas with the greatest economic opportunities.

(3) To promote home ownership for low-income individuals and families, to address homelessness and the prevention of homelessness, and to produce, rehabilitate, and preserve affordable dwellings.

C. The Louisiana Housing Corporation shall create and establish the Louisiana Housing Trust Fund, hereinafter referred to as the "trust fund", to be administered by the Louisiana Housing Corporation. Interest earned on investment of monies in the trust fund shall be credited to the trust fund. Unexpended and unencumbered monies in the trust fund at the end of each fiscal year shall remain in the trust fund. Monies in the trust fund shall be made available for assisting the development, rehabilitation, and preservation of affordable housing and for other purposes consistent with this Chapter.

D. The trust fund shall receive monies in the following manner:

(1) Donations to the trust fund from the income tax checkoff as provided in R.S. 47:120.64.

(2) Gifts, grants, and donations to the trust fund received from individuals, partnerships, and public or private organizations.

(3) Monies appropriated to the trust fund by the legislature subject to budgetary control or authority of the division of administration as may be provided in the Act appropriating such funds.

(4) Any federal funds made available to the state under any federal housing trust fund legislation for which the trust fund shall be the sole repository for the state.

(5) Monies appropriated or otherwise made available to the trust fund, from income derived under the Road Home Housing Program from the sale of real property, acquired by the state, or its agent, under the program and sold for purposes of redevelopment of housing or from the repayment of loans, grants, or any other agreement wherein the state provided financial assistance to an individual for rehabilitation or buyout of a home under the program, but only in such amounts as are approved by the Louisiana Recovery Authority and the division of administration and provided that such monies shall be subject to budgetary control and authority of the division of administration.

E. The monies in the trust fund shall be available for the purposes of loans and investments in accordance with guidelines determined by the Louisiana Housing Corporation.

F. The Louisiana Housing Corporation is authorized to retain six percent of the monies in the trust fund for necessary and associated administrative expenses of the trust fund.

G. Notwithstanding any other provision of law to the contrary, the Louisiana Housing Corporation shall give priority to assisting municipalities and displaced citizens, of a declared disaster area, with developing, rehabilitating, and preserving affordable housing.

*Acts 2003, No. 734, §1, eff. June 27, 2003; Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2011, No. 408, §5(B), eff. July 5, 2011.*

### **CHAPTER 3-C** LOUISIANA HOUSING PRESERVATION ACT

##### **§ 40:600.31** Short title {#sec-40-600.31 omnilex-key=us-la-statutes--rs-title-40--40:600.31}

This Chapter shall be known and may be cited as the "Louisiana Housing Preservation Act".

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.32** Legislative findings {#sec-40-600.32 omnilex-key=us-la-statutes--rs-title-40--40:600.32}

The legislature finds that:

(1) Hurricanes Katrina and Rita destroyed thousands of residential housing units in the state of Louisiana, left thousands of residential housing units in the state substantially damaged in areas that must be repopulated to restore the economic base both of the core disaster areas and of the state, and created an unprecedented housing shortage throughout the state.

(2) Significant numbers of displaced residents from core disaster areas who were homeowners may fail to return to their neighborhoods or may be unwilling to make the investment to restore and occupy their housing units if other previously occupied housing units within such neighborhoods become blighted or remain uninhabitable and are permitted to deteriorate by neglect.

(3) In the aftermath of Hurricanes Katrina and Rita where thousands of Louisiana residents have been forced to find temporary housing outside of the state and which exodus from the state poses a serious threat to the economic stability of the state and local governmental subdivisions, the existence of blighted and uninhabitable housing units will stagnate reinvestment by property owners wanting to rebuild and will have a negative impact on livability in neighborhoods and communities. The existence of such blighted and uninhabitable housing creates public health problems, diminishes the property values of neighboring properties, has a negative effect on the quality of life of adjacent property owners, increases the risk of property damage through arson and vandalism, and discourages neighborhood stability and revitalization.

(4) Many blighted and abandoned residential housing properties should be rehabilitated and preserved to maintain the character of neighborhoods and simultaneously provide an opportunity to local governmental subdivisions to arrange for the renovation or rehabilitation of such residential housing properties to help alleviate the unprecedented housing crisis throughout the state.

(5) Local governmental subdivisions and their instrumentalities must be provided an additional tool in order to access and invest funds to renovate abandoned, blighted, and uninhabitable housing units within a judicially approved framework so that: (a) neighborhoods are not negatively impacted by blighted and abandoned properties; (b) owners will be assured that neighborhoods are safe places to live and that their reinvestment in rebuilding will not be devalued by the negative influence of blighted and abandoned properties in their neighborhood; (c) decent, safe, sanitary, and affordable housing may be provided to displaced persons and other priority tenants; (d) the statewide housing crisis may be alleviated; and (e) the substantial delays associated with blighted property may be avoided.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.33** Definitions {#sec-40-600.33 omnilex-key=us-la-statutes--rs-title-40--40:600.33}

As used in this Chapter, the following definitions shall apply:

(1) "Adjudicated property" means a residential housing property on which taxes were due and which has been sold in accordance with law without appraisement following advertisement in the official journal of the local governmental subdivision and for which a tax deed by the local governmental subdivision's tax collector has been issued that constitutes prima facie evidence that a valid sale was made.

(2) "Alternate plan" means a renovation or rehabilitation plan for either a residential housing property below minimum habitability standards or a blighted housing property prepared by the owner or other secured party that preserves the historic integrity of the residential building and restores such property to minimum habitability standards as evidenced by (a) a physical condition assessment identifying components of the blighted housing property requiring repair, replacement, or improvement to restore the property to minimum habitability standards in a cost-effective manner, (b) an estimate and certificate of costs executed by the owner or other secured party, including a schedule of values executed by a contractor committed to complete the repairs, replacements, or improvements identified in the physical condition assessment within the estimate of costs, (c) evidence of funding commitments from government or commercial lenders sufficient to finance all costs identified in the estimate and certificate of costs, (d) a timetable evidencing the time frame within which the rehabilitation plan may be completed which shall include a date certain by which the rehabilitation will be completed, and (e) a detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse if the residential housing property is not to be occupied as the principal residence of the owner, including operating budgets or resale prices, or both, as appropriate.

(3) "Approving resolution" means a resolution adopted by the governing authority of a local governmental subdivision following an administrative hearing at which the owner and secured parties were provided notice and each given an opportunity to show cause why a rehabilitation plan for the residential housing property should not be prepared and implemented and which resolution determines that (a) the residential housing property is confirmed to be a blighted housing property and (b) the owner and secured parties either failed to submit an acceptable alternate plan or submitted an unacceptable alternate plan.

(4) "Blighted housing property" means (a) any residential housing property for which environmental remediation is required by state law, rule, or regulation and the condition of which is found or declared by the public officer to be harmful to the health or welfare, including the economic welfare, of the residents of the local governmental subdivision wherein the residential property is located, (b) any residential housing property that, as of the effective date of this Chapter, had been determined to be a blighted property or an adjudicated property by the local governmental subdivision, (c) any residential housing property that (i) is offered by a party in interest for inclusion on a blighted housing properties list and (ii) the current condition of which is declared by the local governmental subdivision to be below minimum habitability standards and unfit for human habitation, occupancy, or use, or (d) any residential housing property that (i) has not been legally occupied for eighteen months prior to the time a public officer makes a determination that the property has been vacant for such eighteen-month period and (ii) has been determined to be a public nuisance by the local governmental subdivision, except no residential housing property in an area impacted by Hurricane Katrina or Hurricane Rita which was occupied as of August 28, 2005, shall be included if the owner is eligible for and receives assistance under the Road Home Housing Program.

(5) "Blighted housing property list" means a list prepared and periodically updated by a designated public official that identifies blighted housing properties in the jurisdiction of the local governmental subdivision.

(6) "Capital recovery payment" means a monthly payment to a local governmental subdivision or qualified rehabilitation entity after completion of the rehabilitation or renovation of the residential housing property based upon the amount of any costs incurred by the local governmental subdivision or qualified entity, including any new funds for reserves, repairs, transaction costs, or similar property costs.

(7) "Commitment" means a legally binding agreement to receive and use a specific amount of money to complete construction or rehabilitation that can reasonably be expected to start within six months of the agreement date.

(8) "Cost-effective manner" means the rehabilitation costs of a blighted housing property is less than fifty percent of the replacement costs of such property unless the blighted housing property has historic significance that must be preserved.

(9) "Court" means the district court, city court, parish court, or municipal court with jurisdiction for the local governmental subdivision in which the blighted housing property is located.

(10) "Designated official" means the chief executive officer of the local governmental subdivision or such other person designated to act on behalf of such chief executive officer by the local governmental subdivision.

(11) "Governing authority" means the body which exercises the legislative functions of the local governmental subdivision.

(12) "Hearing officer" means an officer of the local governmental subdivision appropriately qualified to carry out the responsibilities of hearing appeals and who does not report to the public officer.

(13) "Local governmental subdivision" means any parish or municipality.

(14) "Minimum habitability standards" means the minimum property standards requirements set forth by the United States Department of Housing and Urban Development (HUD) in 24 CFR 200.929(b), particularly those standards in HUD 4910.1(HUD Minimum Property Standards for Housing).

(15) "Municipality" means an incorporated city, town, or village as defined in Article VI, Section 44(3) of the Constitution of Louisiana of 1974.

(16) "Owner" means the holder or holders of title to a blighted housing property.

(17) "Party in interest" means (a) any individual, association, and corporation who has an interest of record in a residential housing property and any who has the right to possession of such property, (b) any owner of property adjacent to the residential housing property, or (c) any neighborhood association of property owners recognized by the local governmental subdivision covering an area inclusive of a residential housing property that is below minimum habitability standards.

(18) "Public officer" means an officer of the local governmental subdivision appropriately qualified to carry out the responsibilities of inspecting housing properties to determine whether such properties comply with state and local building codes and local health and safety codes and designated by resolution of the governing body of the local governmental subdivision in which the housing property is located.

(19) "Qualified rehabilitation entity" means any person or entity designated by the local governmental subdivision or the state housing agency on the basis of having demonstrated knowledge and substantial experience in the construction or rehabilitation of residential housing properties, the provision of affordable housing, the restoration of blighted property, the revitalization and improvement of neighborhoods and that is well qualified by virtue of its staff, professional consultants, financial resources, and prior activities to carry out the rehabilitation of blighted residential housing properties.

(20) "Receiver" means either the local governmental subdivision, secured party, or a qualified rehabilitation entity approved by the court.

(21) "Receivership" means the judicially established framework for real property interest which is created by the court with respect to a blighted housing property pursuant to which a receiver is designated to preserve, rehabilitate, restore, and operate the blighted housing property.

(22) "Receivership term" means the period of time established by the court commencing as of the date that the receivership is established and ending not earlier than the date required by the receiver to collect all capital recovery payments and not later than the date the owner is approved by the court to take possession and use of the property. In no event shall a receivership term be longer than five years.

(23) "Rehabilitation plan" means (a) a renovation or rehabilitation plan for a blighted housing property approved by the local governmental subdivision that is consistent with any neighborhood redevelopment strategy, preserves the historic integrity of the residential housing property and restores such property to minimum habitability standards based upon (i) a physical condition assessment identifying components of the blighted housing property requiring repair, replacement, or improvement to restore the property to minimum habitability standards in a cost- effective manner, (ii) an estimate and certificate of costs executed by a public officer, including a schedule of values executed by a contractor committed to complete the repairs, replacements, or improvements identified in the physical condition assessment within the estimate of costs, (iii) evidence of funding commitments from government or commercial lenders sufficient to finance all costs identified in the estimate and certificate of costs, and (iv) a tentative timetable evidencing the time frame within which the rehabilitation plan may be completed, (b) an operating budget, including any required or permitted capital recovery payment, and (c) a receivership term.

(24) "Replacement costs" means the costs of constructing a housing unit of the same size and with the same features on the sight of the blighted housing property.

(25) "Secured party" means any lienholder, mortgagee, or other secured party with an interest in the blighted housing property that is recorded in the local governmental subdivision's mortgage, conveyance, or clerk of court records or the secretary of state's records.

(26) "State housing agency" means the Louisiana Housing Corporation, a public body corporate and politic constituting a political subdivision and instrumentality of the state of Louisiana, created and organized pursuant to and in accordance with the provisions of Chapter 3-A of Title 40 of the Louisiana Revised Statutes of 1950, as amended.

*Acts 2006, No. 355, §1, eff. June 13, 2006; Acts 2011, No. 408, §5(B), eff. July 5, 2011.*

##### **§ 40:600.34** Blighted housing property list; creation, maintenance, and challenges thereto {#sec-40-600.34 omnilex-key=us-la-statutes--rs-title-40--40:600.34}

A. Creation and content. (1) A local governmental subdivision may adopt an
ordinance directing a public officer to identify residential housing properties below minimum
habitability standards for the purpose of establishing a blighted housing property list which
may be a list of such properties throughout the local governmental subdivision or only within
those parts of the local governmental subdivision as the governing body may designate by
resolution.

(2) The ordinance may direct the public officer to exclude from the inventory of
blighted housing property any property for which the expense to the local governmental
subdivision of determining the cost of environmental remediation required under state or
federal law would be excessive in the judgment of the local governing body.

(3) Each blighted housing property on the inventory so identified shall include the
tax block and lot number, the name of the owner of record, if known, and the street address
of the lot. No residential housing property in an area impacted by Hurricane Katrina or
Hurricane Rita which was occupied as of August 28, 2005, shall be included on the inventory
as a blighted housing property if the owner is eligible for and receives assistance under the
Road Home Housing Program.

(4) Evidence of utility connections, including sewer, water, electric, or gas and
billings to an occupant for the month of July or August 2005 shall be presumptive evidence
that a residential housing property was occupied as of August 28, 2005.

(5) Residential housing properties that, as of June 13, 2006, were adjudicated or
declared blighted by the local governmental subdivision in accordance with all applicable
laws may be added to the blighted housing property list without any additional notice to the
owner or secured parties.

B. Maintenance of blighted housing property list. (1) In those local governmental
subdivisions in which an inventory has been conducted and blighted housing properties have
been identified, the public officer shall establish and maintain a list of blighted housing
properties, to be known as the "blighted housing property list".

(2) The local governmental subdivision may add properties to the blighted housing
property list at any time and may delete properties at any time when the public officer finds
that the property no longer meets the definition of a blighted housing property. Any party in
interest may request that a residential housing property below minimum habitability
standards be included on the blighted housing property list by filing an affidavit with the
public officer of a local governmental subdivision certifying the basis for such person being
a party in interest and the conditions of the property that make the property unfit for human
habitation, occupancy, or use.

(3) Upon receipt of such an affidavit, the public officer or any qualified rehabilitation
entity designated by the local governmental subdivision shall be empowered to inspect the
property and make a determination as to whether the property should be declared a blighted
housing property. A residential housing property that is below minimum habitability
standards shall not be included on the blighted housing property list if rehabilitation is being
performed by the owner in a timely manner, as evidenced by building permits issued and
diligent pursuit of rehabilitation work authorized by those permits, or by the filing of a
rehabilitation plan approved by the court.

C. Rules and regulations prescribing risk guidelines. The state housing agency, in
conjunction with the state departments of environmental quality and health, shall adopt rules
and regulations prescribing guidelines and criteria for assessing and determining if a
residential housing property is harmful to the health or welfare, including the economic
welfare, of the residents of the local governmental subdivision wherein the residential
housing property is located, or unfit for human habitation, occupancy, or use, and whether
such property is undergoing rehabilitation in a timely manner within the meaning of
Subsection B of this Section. The public officer shall apply such standards in conducting any
inventory pursuant to this Section.

D. Notice to owners with properties on the blighted housing properties list.

(1) A public officer, within thirty days of the completion of the blighted housing
property list, or any additions thereto, shall send a notice, by certified mail, return receipt
requested, and by regular mail, to the owner of record of every property included on the list
and shall cause the list, including periodic updates to the list, to be published in the official
journal of the local governmental subdivision, which publication shall constitute public
notice, and, to the extent that the local governmental subdivision maintains an informational
web site, post the list on the local governmental subdivision's informational web site.

(2) The published and mailed notices shall identify property determined to be
blighted housing property setting forth the owner of record, if known, the tax lot and block
number, and street address.

(3) The public officer, in consultation with the tax collector, shall also send out a
notice by regular mail to any mortgagee, servicing organization, or property tax processing
organization that receives a duplicate copy of the tax bill. When the owner of record is not
known for a particular property and cannot be ascertained by the exercise of reasonable
diligence by the public officer, notice shall not be mailed but instead shall be posted on the
property and published in the official journal of the local governmental subdivision.

(4) The mailed notice shall include the factual basis for the public officer's finding
that the property is blighted housing property, specifying the information relied upon in
making such finding, and the owner's right and procedures to appeal the finding.

E. Challenges to listing on blighted housing property list. (1) An owner or secured
party may challenge the inclusion of his property on the blighted housing property list by
appealing that determination to the hearing officer within sixty days of the owner's receipt
of the certified notice.

(2) In the case of a notice that is returned as undeliverable or an owner whose
identity was not known to the public officer, the owner shall have ninety days from the date
upon which notice was published or posted, whichever is later, to challenge the inclusion of
a property on the blighted housing property list.

(3) For good cause shown, the hearing officer shall accept a late filing of an appeal.
Within thirty days of receipt of a request for an appeal of the findings, the hearing officer
shall schedule a hearing of the matter at which the owner or any party in interest may present
oral or written testimony that the property should not be included on the list.

(4) The owner or any party in interest may submit documentation including but not
limited to photographs, repair invoices, bills, and construction contracts to challenge the
inclusion of the property on the list.

(5) The hearing officer shall render a decision on the appeal within thirty days of the
hearing and shall promptly, by certified mail, return receipt requested, notify the property
owner of the decision and the reasons therefor.

F. Appeal of blighted property designation. The property owner may challenge an
adverse determination of an appeal with the hearing officer, by filing an appeal in the court
in the parish in which the property is located. Such action shall be instituted within thirty
days of the date of the notice of decision mailed by the hearing officer. The failure to
institute an action of appeal on a timely basis shall constitute a jurisdictional bar to
challenging the adverse determination, except that, for good cause shown, the court may
extend the deadline for instituting the action.

G. Removal of properties from blighted housing property list. The public officer
shall promptly remove any property from the blighted housing property list that has been
determined not to be a blighted housing property on appeal.

*Acts 2006, No. 355, §1, eff. June 13, 2006; Acts 2018, No. 206, §4.*

##### **§ 40:600.35** Statewide blighted housing property list {#sec-40-600.35 omnilex-key=us-la-statutes--rs-title-40--40:600.35}

A. Local governmental subdivisions; duty to submit blighted housing property list. Each local governmental subdivision maintaining a blighted housing property list shall submit their list to the state housing agency no later than December thirty-first of each year. The information submitted to the state housing agency shall be updated quarterly.

B. State housing agency; duty to maintain statewide blighted housing property list. The state housing agency shall publish, no later than March fifteenth of each year, a statewide blighted housing property list based on information received from local governmental subdivisions in accordance with the provisions of this Section. The list shall also be maintained on the state housing agency's web site and shall be updated quarterly.

C. The state housing agency shall utilize a statewide housing locator system for the purpose of maintaining the blighted housing property list. The system shall be updated as needed.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.36** Filing of action to implement rehabilitation plan; notice to secured parties {#sec-40-600.36 omnilex-key=us-la-statutes--rs-title-40--40:600.36}

A. Form of notice to secured parties. Prior to a local governmental subdivision filing an action with the consent of the owner to establish a receivership in connection with a blighted housing property on a blighted housing property list, the designated official shall serve notice on the secured party which notice shall state that:

(1) The local governmental subdivision has determined the residential housing property of the owner to be a blighted housing property and has placed such property on the local governmental subdivision's blighted housing property list.

(2) The local governmental subdivision and the owner will arrange for a rehabilitation plan to be prepared and submitted to the court to restore the property to minimum habitability standards.

(3) A secured party may request a copy of such rehabilitation plan upon its submission to the court.

(4) A secured party may submit an alternate plan to the public officer within forty-five days of the date of the notice.

(5) If a secured party does not present to the public officer an alternate plan within forty-five days of the date of the notice, the secured party may file an objection to the local governmental subdivision's action to implement a rehabilitation plan in the court.

B. Service of notice. The notice shall be served on the secured parties by registered or certified mail, postage prepaid, addressed to the secured party at their last known addresses.

C. Recordation of notice. Any notice served pursuant to this Section shall be filed with the recorder of mortgages where the property is located. Once filed, said notice shall be deemed notice to all subsequent transferees. Any transferee of such property takes the property subject to all recorded liens, mortgages, and notices thereunto pertaining.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.37** Action to establish a receivership {#sec-40-600.37 omnilex-key=us-la-statutes--rs-title-40--40:600.37}

A. Action and determination of court. An action to establish a receivership that transfers possession and control of blighted housing property to a local governmental subdivision or a qualified rehabilitation entity may be brought by a local governmental subdivision in the court in the parish in which the blighted housing property is located.

B. An action submitted to a court to establish a receivership shall include:

(1) The documentation supporting the residential housing property being designated a blighted housing property.

(2) An affidavit executed by the designated official stating that (a) the residential housing property was listed on the blighted housing property list, (b) the owner of the property has consented to placing the property in receivership, (c) notice was delivered to the secured parties in accordance with the provisions of this Chapter and was filed as required in the mortgage record of the local governmental subdivision, or that there are no secured parties, (d) a rehabilitation plan for the blighted housing property was offered to the secured parties for review, (e) the secured party did not submit an acceptable alternate plan to the public officer, (f) a statement has been received by an individual holding appropriate professional qualifications that there are sound reasons that the blighted housing property should be rehabilitated rather than demolished based upon the physical, aesthetic, or historical character of the residential housing property or the relationship of such residential housing property to other buildings and lands within its immediate vicinity, and (g) the governing authority of the local governmental subdivision approved the implementation of the rehabilitation plan pursuant to an approving resolution.

(3) An affidavit from the owner consenting to placing the property in receivership and agreeing to the cost of the rehabilitation plan.

(4) A certified copy of the approving resolution.

(5) A copy of the rehabilitation plan.

(6) A request that the court establish a receivership for the blighted housing property, appoint a receiver, and approve and authorize the receiver to implement the rehabilitation plan.

C. Prior to establishing a receivership, the court shall consider any objections filed by secured parties and evaluate any alternate plans submitted by secured parties. The court may approve a secured party's alternate plan that, in the judgment of the court, is realistic and likely to result in the expeditious rehabilitation of the property to minimum habitability standards and a return of the blighted housing property to commerce. If the court approves the secured party's alternate plan, then the court shall appoint the public officer to act as monitor of the secured party's compliance. If the secured party fails to carry out any step in the approved alternate plan, then the local governmental subdivision may apply to the court to complete the local governmental subdivision's rehabilitation plan.

D.(1) If the court finds that the property is blighted property and that the secured party has failed to submit an acceptable alternate plan or to take any action to restore the blighted housing property to minimum habitability standards, then the court shall authorize the local governmental subdivision or a qualified rehabilitation entity designated by the local governmental subdivision to take possession, control, and use of the blighted housing property for the receivership term and to implement the rehabilitation plan.

(2) The possession of the property by the local governmental subdivision or qualified rehabilitation entity shall continue in receivership for the receivership term established by the court. In no event shall the receivership term exceed five years.

(3) The costs to rehabilitate the property contained in the rehabilitation plan submitted for approval by the court shall be a lien against the property, which lien may be satisfied through capital recovery payments or by the maintenance of the receivership for the receivership term unless the owner applies to the court as otherwise provided in this Chapter for reinstatement of possession and control of the property and meets the criteria for reinstatement, including satisfying any and all liens, imposed by the court.

E. Other proceedings in court. The local governmental subdivision or the qualified rehabilitation entity granted possession and control as receiver may commence and maintain any further proceedings in the court as may be necessary for the conservation, protection, rehabilitation, or disposition of the property or as may be necessary to recoup the cost and expenses of rehabilitation.

F. Receiver subject to direction and control by court. Any receiver so appointed shall be under the direction and control of the court and shall have full power over the property and shall, upon appointment by the court, commence and maintain all actions for the conservation, protection, or disposal of the residential housing property as the court may deem proper.

G. Technical advisory assistance to court. The state housing agency shall serve as a technical advisor to a court and may review each alternate plan and rehabilitation plan submitted to the court and advise the court as to the feasibility or viability of such plans; monitor on behalf of the court the implementation of the receivership over the receivership term; and advise the court as may be necessary and appropriate concerning revisions or adjustments to an alternate plan or a rehabilitation plan.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.38** Local governmental subdivision as receiver {#sec-40-600.38 omnilex-key=us-la-statutes--rs-title-40--40:600.38}

A. The court shall grant the local governmental subdivision possession of the property if it finds that:

(1) The rehabilitation plan is appropriate.

(2) The local governmental subdivision or its designated qualified rehabilitation entity is qualified to undertake the rehabilitation plan.

(3) The rehabilitation plan submitted by the local governmental subdivision represents a realistic and timely plan for the rehabilitation and reuse of the blighted housing property.

B.(1) The local governmental subdivision shall take all steps necessary and appropriate to further the rehabilitation and reuse of the property consistent with the rehabilitation plan submitted to the court.

(2) In making its findings pursuant to this Section, the court may consult with qualified parties and, upon request by a party in interest, may hold a hearing on the plan.

(3) Regardless of whether a local governmental subdivision exercises its rights directly or designates a qualified rehabilitation entity pursuant to this Section, while in possession of a blighted housing property, a local governmental subdivision shall maintain, safeguard, and maintain insurance on the blighted housing property.

C. Notwithstanding the local governmental subdivision's possession of the blighted housing property during the receivership term, nothing in this Chapter shall be deemed to relieve the owner of the property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner, or of any obligation the owner or any other person may have for the payment of taxes or other municipal liens and charges, or mortgages or liens to any party, whether those taxes, charges, or liens are incurred before or after the appointment of the receiver.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.39** Designation of qualified rehabilitation entity {#sec-40-600.39 omnilex-key=us-la-statutes--rs-title-40--40:600.39}

A. A local governmental subdivision may exercise its rights pursuant to R.S. 40:600.38 directly or may designate a qualified rehabilitation entity to act as its designee for the purpose of exercising the local governmental subdivision's rights where that designation will further the rehabilitation and reuse of the property consistent with the rehabilitation plan. This designation shall be made by resolution of the governing authority.

B. Assignment of receivership by local governmental subdivision to a qualified rehabilitation entity. Where the local governmental subdivision has been granted possession by the court in the name of the local governmental subdivision, the local governmental subdivision may seek the approval of the court to assign its rights to another entity, which approval shall be granted by the court when it finds that the entity to which the local governmental subdivision's rights will be assigned is a qualified rehabilitation entity and the assignment will further the purposes of this Chapter.

C. Reports. Where a local governmental subdivision has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide quarterly reports to the local governmental subdivision on its activities and progress toward rehabilitation and reuse of the property. The local governmental subdivision or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the local governmental subdivision or its designee have failed to take diligent action toward rehabilitation of the property within six months from the grant of possession, then the court may request the local governmental subdivision to designate another qualified rehabilitation entity to exercise its rights, or if the local governmental subdivision fails to do so, may terminate the receivership and return the property to its owner.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.40** Permits, taxes, liens, and notice of completion {#sec-40-600.40 omnilex-key=us-la-statutes--rs-title-40--40:600.40}

A. Permits. If a local governmental subdivision, secured party, or qualified rehabilitation entity has been granted possession of a property, that local governmental subdivision, secured party, or qualified rehabilitation entity shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and boards, seeking and obtaining construction permits and other approvals, and submitting applications for financing or other assistance to public or private entities.

B. Legal control. For the purposes of any program of grants or loans, possession of a blighted housing property pursuant to the provisions of this Chapter shall be considered legal control of the property.

C. Liens. The court may approve the borrowing of funds by a local governmental subdivision, with the consent of the property owner, to rehabilitate the property. Prior to seeking approval to borrow funds, the local governmental subdivision shall have exhausted all grant opportunities. The court may grant a lien or security interest in the property for the amount of the borrowed funds.

D. Recordation of liens. No lien authorized by the court shall take effect unless recorded in the mortgage office of the parish in which the property is located.

E. Notice of completion. The local governmental subdivision shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the local governmental subdivision has determined that at least fifty percent of the rehabilitation plan is complete. This notice shall include an affidavit of the public officer attesting to the frame within which that rehabilitation can realistically be anticipated to be complete and a statement setting forth such actions as it plans to undertake to ensure that reuse of the property is consistent with the plan.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.41** Reinstatement of owner in possession {#sec-40-600.41 omnilex-key=us-la-statutes--rs-title-40--40:600.41}

An owner may petition for reinstatement of the owner's control and possession of the property at any time during the receivership term.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.42** Petition for reinstatement {#sec-40-600.42 omnilex-key=us-la-statutes--rs-title-40--40:600.42}

A. Any petition for reinstatement of the owner's control and possession of the property filed pursuant to R.S. 40:600.41 shall:

(1) Include an agreement by the owner to complete the rehabilitation plan.

(2) Provide legally binding assurances that the owner will comply with all conditions of any grant or loan secured by the local governmental subdivision or repay those grants or loans in full, at the discretion of the maker of the loan or grant.

B. If the requirements of the petition are met, the court shall reinstate the owner to possession, control, and use of the property.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.43** Sale of property {#sec-40-600.43 omnilex-key=us-la-statutes--rs-title-40--40:600.43}

A.(1) A local governmental subdivision, at the end of the receivership term, may petition the court to sell the property if the owner has not petitioned for reinstatement of ownership.

(2) The owner shall be served with a copy of the petition in accordance with the Code of Civil Procedure Article 1201 et seq. and be given an opportunity to respond.

B. Any sale of property pursuant to the provisions of this Section shall be for the fair market value of the rehabilitated property, but not less than the amount necessary to recoup the costs incurred in rehabilitating the property.

C. Any proceeds resulting from the sale in excess of the amount necessary to recoup the costs incurred in rehabilitating the property shall be returned to the property owner.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

##### **§ 40:600.44** Preference to affected areas {#sec-40-600.44 omnilex-key=us-la-statutes--rs-title-40--40:600.44}

Pursuant to the Robert T. Stafford Act as provided in 42 U.S.C.A. §5150, in the expenditure of federal funds, under the provisions of this Chapter, in the carrying out of activities by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business in the state of Louisiana.

*Acts 2006, No. 355, §1, eff. June 13, 2006.*

### **CHAPTER 3-D** LOUISIANA HABITAT FOR HUMANITY LOAN PURCHASE PROGRAM

##### **§ 40:600.51** Short title; purpose {#sec-40-600.51 omnilex-key=us-la-statutes--rs-title-40--40:600.51}

A. This Chapter shall be known and may be cited as the "Louisiana Habitat for Humanity Loan Purchase Program Act".

B. The legislature hereby finds and declares that there exists in the state a need to assist low-income individuals and families, and particularly those individuals and families who have mental or physical disabilities, in accessing and acquiring affordable housing and to provide for the development and construction of decent, safe, accessible, and affordable housing for low-income individuals and families such as currently is provided by Louisiana affiliates of Habitat for Humanity. The legislature further finds that the Louisiana Housing Corporation has the requisite powers and duties to support and administer this program. Therefore, to address these needs, the purposes of this Chapter shall be the following:

(1) To partner with Louisiana Habitat for Humanity affiliates which are constructing affordable housing for Louisiana citizens.

(2) To encourage the development of accessible housing for people with disabilities through media outreach in collaboration with disability based community organizations.

(3) To purchase homeowner loans from habitat affiliates and thereby provide more resources for such entities to serve more potential home buyers.

(4) To establish a revolving fund to provide a growing pool of monies to support the partnership between the Louisiana Housing Corporation and the habitat affiliates.

*Acts 2006, No. 510, §1, eff. July 1, 2006; Acts 2011, No. 408, §5(B), eff. July 5, 2011.*

##### **§ 40:600.52** General provisions; trust fund {#sec-40-600.52 omnilex-key=us-la-statutes--rs-title-40--40:600.52}

A. There is hereby established the Louisiana Habitat for Humanity Loan Purchase Program which shall provide the process and procedures by which the Louisiana Housing Corporation shall assist in the provision of affordable housing for Louisiana families by purchasing home loans from Louisiana Habitat for Humanity affiliates.

B.(1) The Louisiana Habitat for Humanity Trust Fund, hereinafter referred to as the "trust fund", is hereby created to be administered by the Louisiana Housing Corporation. Monies credited to the fund shall include, but not be limited to, funds received as provided by Paragraph (2) of this Subsection. Interest earned on investment of monies in the trust fund shall be credited to the trust fund. Unexpended and unencumbered monies in the trust fund at the end of each fiscal year shall remain in the trust fund. Monies in the trust fund shall be used exclusively for the purchase of loans from Habitat for Humanity affiliates in accordance with the provisions of this Chapter.

(2) The trust fund shall receive monies in the following manner:

(a) Monies annually allocated by the board of the Louisiana Housing Corporation from agency funds specifically designated for the Habitat for Humanity Loan Purchase Program.

(b) Gifts, grants, and donations to the trust fund received from individuals, partnerships, and public or private organizations.

(c) Monies appropriated to the trust fund by the legislature for these purposes.

(d) Any federal funds made available to the state under any federal housing legislation consistent with these provisions.

(e) Any monies received in repayment for loans made under the provisions of this Chapter.

C. For the purposes of this Chapter, the Louisiana Housing Corporation shall promulgate all rules, regulations, and other such procedures in conjunction with representatives of Louisiana habitat affiliates, as may be designated by Habitat for Humanity International, in accordance with the provisions of R.S. 40:600.6(A)(4)(b)(x).

(1) The proposed rules shall be formulated for submission to the board of commissioners of the Louisiana Housing Corporation no later than October 15, 2006.

(2) The board shall review and adopt the proposed rules no later than November 30, 2006.

(3) The board shall submit the proposed rules to the Joint Legislative Committee on the Budget for review at the committee's first regularly scheduled meeting in 2007.

*Acts 2006, No. 510, §1, eff. July 1, 2006; Acts 2011, No. 408, §5(B), eff. July 5, 2011.*

### **CHAPTER 3-E** LOUISIANA ROAD HOME HOUSING CORPORATION ACT

##### **§ 40:600.61** Short title {#sec-40-600.61 omnilex-key=us-la-statutes--rs-title-40--40:600.61}

This Chapter shall be known and may be cited as the "Louisiana Road Home Housing Corporation Act".

*Acts 2006, No. 654, §1, eff. June 29, 2006.*

##### **§ 40:600.62** Definitions {#sec-40-600.62 omnilex-key=us-la-statutes--rs-title-40--40:600.62}

As used in this Chapter, the following words and terms shall have the following meanings, unless the context clearly indicates or requires another or different meaning or intent:

(1) "Division of administration" means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950.

(2) "Project" collectively means the acquisition, disposition, purchase, renovation, improvement, leasing, or expansion of housing stock, including but not limited to housing stock as described in action plans for The Road Home Program, for the purposes set forth therein, as such action plan may hereafter be amended, supplemented, or otherwise modified, by the corporation. The project may be financed with funds provided in whole or in part from the United States Department of Housing and Urban Development's Community Development Block Grant Program, as administered by the Louisiana office of community development of the division of administration.

(3) "Road Home Corporation" means the nonprofit corporation authorized to be formed by this Chapter, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Chapter shall be given by law. Such corporation may amend its articles of incorporation to change its name to Louisiana Land Trust. It is further declared that any such corporation shall not constitute a state agency, board, or commission; nor shall it constitute an instrumentality of the state or of any political subdivision.

(4) "State" means the state of Louisiana or any agency or instrumentality thereof.

*Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.*

##### **§ 40:600.63** Functions of Road Home Corporation {#sec-40-600.63 omnilex-key=us-la-statutes--rs-title-40--40:600.63}

There is hereby authorized the formation and incorporation of a nonprofit corporation, the purpose of which shall be, exclusively for the health and welfare of the public, the acquisition, disposition, purchase, renovation, improvement, leasing, or expansion of housing stock, including but not limited to housing stock as described in action plans for The Road Home Program, for the purposes set forth therein, as such action plans hereafter may be amended, supplemented, or otherwise modified. R.S. 41:131 through 140 and 1338 shall not apply to the corporation or to any property conveyed by the corporation. To the extent that the provisions of this Chapter are inconsistent with the provisions of R.S. 12:202.1 or any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed to be controlling.

*Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.*

##### **§ 40:600.64** Membership of the board of directors; vacancies; compensation; expenses {#sec-40-600.64 omnilex-key=us-la-statutes--rs-title-40--40:600.64}

A. The governor shall appoint seven persons to serve as the directors and members of this corporation, with one member appointed from a list of three persons nominated by the president of the Senate and with one member appointed from a list of three persons nominated by the speaker of the House of Representatives. No less than three of such members shall be a domiciliary of one of the parishes most affected by Hurricane Katrina and no less than three members shall be a domiciliary of one of the parishes most affected by Hurricane Rita. Any domiciliary selected under this Subsection shall have been domiciled in their respective parish for at least one year prior to August 29, 2005. At least five of the members, including the members nominated by the president of the Senate and the speaker of the House of Representatives, shall have education, training, or experience in banking, mortgage financing, housing development, environmental remediation, land use, or urban planning.

B. Members of the board of directors shall serve without compensation, but the Road Home Corporation may reimburse such members for necessary expenses incurred in the discharge of their duties.

*Acts 2006, No. 654, §1, eff. June 29, 2006.*

##### **§ 40:600.65** Applicable laws to Road Home Corporation {#sec-40-600.65 omnilex-key=us-la-statutes--rs-title-40--40:600.65}

The Road Home Corporation shall be subject to the Public Records Law, the Open Meetings Law, and the Code of Governmental Ethics. The Road Home Corporation is subject to examination, audit, and review by the legislative auditor.

*Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.*

##### **§ 40:600.66** Powers and responsibilities of the Road Home Corporation and the Louisiana Land Trust {#sec-40-600.66 omnilex-key=us-la-statutes--rs-title-40--40:600.66}

A. In addition to the powers granted it by the general Nonprofit Corporation Law, Title 12 of the Louisiana Revised Statutes of 1950, as amended, the Road Home Corporation shall have the power to undertake any project, in adherence to the policy guidelines for rebuilding, recovery, and land use management set forth by the Louisiana Recovery Authority, to provide for the financing thereof as administered by the office of community development, and in connection therewith:

(1) To receive and accept from any agency of the United States or any agency of the state of Louisiana or any municipality, parish, or other political subdivision thereof, or from any individual, association, or corporation, gifts, grants, or donations of monies or other property for achieving any other purposes of this Chapter.

(2) To finance, own, lease as lessee or lessor, sell, exchange, donate, or otherwise hold or transfer a property interest in housing stock damaged by Hurricane Katrina or Hurricane Rita, including contracts for the acquisition, purchase, construction, disposition, sale, exchange, donation, renovation, improvement, or expansion of such housing stock property interest by the Road Home Corporation.

(3) To receive and accept from any source, loans, contributions, or grants for or in aid of a project, or the financing thereof in either money, property, labor, or other things of value.

(4) To mortgage all or any portion of its interest in a project and the property on which any such project is located, whether owned or thereafter acquired, including the granting of a security interest in any property, corporeal or incorporeal, and to assign or pledge all or any portion of its interest in property, corporeal or incorporeal and the revenues therefrom.

(5) To obtain, or aid in obtaining, from any department or agency of the United States or the state or any private company, any insurance or guarantee as to, or of, or for the payment or repayment of, interest or principal, or both, or any part thereof, on any lease or obligation or any instrument evidencing or securing the same, made or entered into pursuant to the provisions of this Chapter and to assign any such insurance or guarantee as security.

(6) To enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient, or desirable for the purpose of the Road Home Corporation or to carry out any power expressly given in this Chapter.

(7) In connection with Road Home grant post-closing regulatory compliance reviews being conducted by the Louisiana Recovery Authority and the office of community development, as to any Road Home applicant who has on or before June 10, 2008, exhausted his remedies of appealing to the Road Home Appeals Panel and further to the office of community development and for whom a decision was issued by the office of community development on or before June 10, 2008, denying the relief sought by the Road Home applicant through his appeal, the Louisiana Recovery Authority and the office of community development shall provide the applicant the opportunity to have the applicant's grant file reviewed by the third person or agency contracted by the division of administration to conduct the post-closing regulatory compliance reviews. The applicant shall be afforded the opportunity to receive any grant award or additional disbursement which the review process discloses were eligible amounts which should have been awarded.

B. Housing assistance rendered by the Road Home Corporation or the Louisiana Land Trust or rendered through any other housing assistance program under the provisions of this Chapter shall be subject to the following:

(1) Any certified property appraisal or market analysis conducted by the Road Home Corporation or the Louisiana Land Trust shall be binding on the corporation. If more than one certified property appraisal or market analysis is rendered, the property owner shall receive assistance based upon the higher certified appraisal value or the analysis most favorable to the property owner.

(2) No individual shall be required to sell property in excess of five acres if the property was unimproved land or was regularly used in farming operations immediately prior to hurricanes Katrina or Rita.

(3) No individual shall be required to sell property in which the individual holds an undivided ownership interest with family members as legal heirs to such property.

(4) No individual shall be required to sell property in which the individual has a divided interest in the property which is contiguous to five or more acres owned by the individual and his immediate family.

*Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2008, No. 872, §1, eff. July 9, 2008.*

##### **§ 40:600.67** Excess earnings {#sec-40-600.67 omnilex-key=us-la-statutes--rs-title-40--40:600.67}

Any net earnings of The Road Home Corporation beyond that necessary for The Road Home Corporation to implement the purposes of this Chapter shall inure to the benefit of The Road Home Program.

*Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.*

##### **§ 40:600.68** Dissolution of the Road Home Corporation; title to property to vest in successor {#sec-40-600.68 omnilex-key=us-la-statutes--rs-title-40--40:600.68}

Upon dissolution of the Road Home Corporation, title to all property owned by the Road Home Corporation shall vest in the successor corporation created by the legislature, if any. If no such successor corporation is so created, title to such property shall vest in the state of Louisiana.

*Acts 2006, No. 654, §1, eff. June 29, 2006.*

### **CHAPTER 3-F** LOUISIANA HOUSING COUNSELING ASSISTANCE ACT

##### **§ 40:600.71** Title {#sec-40-600.71 omnilex-key=us-la-statutes--rs-title-40--40:600.71}

This Act shall be known and may be cited as the "Louisiana Housing Counseling
Assistance Act."

Acts 2007, No. 383, §1, eff. July 10, 2007.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be
effective on July 1, 2010.

##### **§ 40:600.72** Legislative findings {#sec-40-600.72 omnilex-key=us-la-statutes--rs-title-40--40:600.72}

The legislature finds that:

(1) Hundreds of thousands of Louisiana residents were displaced by Hurricanes
Katrina and Rita.

(2) Hurricanes Katrina and Rita destroyed thousands of residential housing units in
Louisiana, left thousands of residential housing units substantially damaged in areas that
must be repopulated to restore the economic base of those areas, and created an
unprecedented housing shortage for both homeowners and renters throughout the state.

(3) Displaced persons need the assistance of knowledgeable professionals to develop
suitable housing strategies for their primary residences. This assistance can best be provided
by nonprofit organizations that have been certified by the Louisiana Housing Corporation.
These certified nonprofit organizations will be sustainable community based entities acting
as consumer advocates and evolving over time to meet the needs of our citizens.

Acts 2007, No. 383, §1, eff. July 10, 2007; Acts 2011, No. 408, §5(B), eff. July 5,
2011.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be
effective on July 1, 2010.

##### **§ 40:600.73** Definitions {#sec-40-600.73 omnilex-key=us-la-statutes--rs-title-40--40:600.73}

For purposes of this Chapter, the following words and phrases shall have the
following meanings:

(1) "Division of administration" means the division of administration created within
the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950.

(2) "Road Home Corporation" means the nonprofit corporation authorized in Title
40 of the Louisiana Revised Statutes of 1950, or any corporation succeeding to the principal
functions thereof or to which the powers conferred upon the corporation shall be given by
law.

(3) "Suitable housing strategy" means a plan for the acquisition of residential housing
property to replace property or for the disposition, renovation or rehabilitation of either a
residential housing property below minimum habitability standards or a blighted housing
property prepared by the owner or other secured party that preserves the historic integrity of
the residential building and restores such property to minimum habitability standards.

Acts 2007, No. 383, §1, eff. July 10, 2007.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be
effective on July 1, 2010.

##### **§ 40:600.74** Sources {#sec-40-600.74 omnilex-key=us-la-statutes--rs-title-40--40:600.74}

Housing counseling assistance may be provided through private nonprofit
organizations certified through the Louisiana Housing Corporation.

Acts 2007, No. 383, §1, eff. July 10, 2007; Acts 2011, No. 408, §5(B), eff. July 5,
2011.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be
effective on July 1, 2010.

##### **§ 40:600.75** Funding {#sec-40-600.75 omnilex-key=us-la-statutes--rs-title-40--40:600.75}

A. The office of community development, within the division of administration, or
the Road Home Corporation, which is responsible for the delivery of the Road Home
Housing Program, may set aside sufficient funds to accomplish and implement the
requirements of this Chapter.

B. The office of community development may conduct competitive negotiations by
initiating the issuance of a request for proposals containing a description of the services
required and the factors to be used in evaluating the proposals.

Acts 2007, No. 383, §1, eff. July 10, 2007.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be
effective on July 1, 2010.

##### **§ 40:600.76** Type of assistance {#sec-40-600.76 omnilex-key=us-la-statutes--rs-title-40--40:600.76}

Housing counseling assistance providers may counsel owners relative to refinancing
options, availability of loans and grants, determining entitlements from FEMA programs,
housing programs of the Louisiana Recovery Authority, or any other housing programs
designed to assist Louisiana residents with housing needs. Housing counseling assistance
providers may also assist displaced persons, who were homeowners or renters, and property
owners by creating suitable housing strategies for person with special needs.

Acts 2007, No. 383, §1, eff. July 10, 2007.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be
effective on July 1, 2010.

### **CHAPTER 3-G** LOUISIANA HOUSING CORPORATION ACT

##### **§ 40:600.86** Short title; findings; purpose {#sec-40-600.86 omnilex-key=us-la-statutes--rs-title-40--40:600.86}

A. This Chapter shall be known and may be referred to as the "Louisiana Housing Corporation Act".

B.(1) The legislature hereby finds and declares that there exists in the state of Louisiana a serious shortage of affordable, accessible, decent, safe, and sanitary residential housing that is in compliance with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §12131 et seq., the Fair Housing Act, 42 U.S.C.A. §3601 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C.A. §794.

(2) The legislature hereby finds and declares further that private enterprise and investment unaided has not been able to produce the needed construction of decent, safe, accessible, and sanitary residential housing at prices which persons and families of low or moderate income can afford, or to achieve the urgently needed rehabilitation of existing inadequate and substandard residential housing. The legislature further finds and declares that it is imperative that the supply of residential housing for persons and families of low or moderate income, senior citizens and persons with disabilities, that is in compliance with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §12131 et seq., the Fair Housing Act, 42 U.S.C.A. §3601 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C.A. §794, be increased substantially and that private enterprise and investors be encouraged to sponsor, build, and rehabilitate residential housing for such persons and families.

(3) The legislature hereby finds and declares further that a major cause of the shortage of residential housing is the inadequate supply of funds available from private mortgage lenders for residential housing mortgage loans at interest rates within the financial means of persons and families of low or moderate income.

(4) The legislature hereby finds and declares that the limited resources available directly to the state or its agencies may be more effectively and efficiently utilized if a single corporation is authorized and directed to coordinate housing programs administered by the state or its agencies and instrumentalities.

(5) The legislature hereby finds and declares further that additional financial resources and technical skills must be available in local communities if the state is to mobilize the capacity of the private sector, including nonprofit community housing development organizations, to provide a more adequate supply of decent, safe, affordable, accessible, and sanitary housing.

(6) The legislature hereby finds and declares further that state leadership is needed to achieve an adequate supply of affordable and accessible housing for all residents of the state and that such leadership shall be provided through the corporation.

(7) The legislature hereby finds and declares further that this corporation should have the maximum amount of flexibility, responsibility, and discretion to assure that all the residents of the state shall have access to decent, safe, sanitary, accessible, and affordable housing; therefore, in carrying out the purposes of this Chapter, the corporation shall be presumed to possess broad powers and legal prerogatives which enable the corporation to carry out its purposes directly or indirectly through one or more nonprofit subsidiaries.

(8) The legislature hereby finds and declares further that a major cause of the shortage of residential housing available for persons and families of low or moderate income is the lack of a coordinated approach and clear statewide policy regarding funds for such residential housing.

(9) The legislature hereby finds and declares further that providing housing for citizens with disabilities and senior citizens is a crucial responsibility of the state and that any coordinated approach or clear statewide policy regarding funds for residential housing shall take into account assuring that such housing remains available and affordable for senior citizens and persons with disabilities.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.87** Definitions {#sec-40-600.87 omnilex-key=us-la-statutes--rs-title-40--40:600.87}

The following terms, whenever used or referred to in this Chapter shall have the
following meanings, unless the context clearly indicates otherwise:

(1) "Bonds" shall have the same meaning as "Securities" in R.S. 39:1421(1).

(2) "Corporation" means the Louisiana Housing Corporation created by this Chapter.

(3) "Federal government" means the United States of America and any agency or
instrumentality, corporate or otherwise, of the United States of America.

(4) "Insured mortgage loan" means a mortgage loan for the acquisition, construction,
rehabilitation or improvement of residential housing located within the state which is insured
or guaranteed in whole or in part by the federal or state government, or any instrumentality
or agency of the federal government or the state government, including the Louisiana
Housing Corporation, or by a private mortgage insurance company, which insures the holder
of the mortgage against financial loss.

(5) "Lending institution" means any bank, investment bank, mortgage bank or
company, pension or retirement fund, savings bank, or savings and loan association which
is authorized to do business in Louisiana.

(6) "Mortgage" means a conventional mortgage evidencing a contract by which a
person binds all or part of his immovable property in favor of another to secure the execution
and enforcement of a contract, but without divesting himself of the possession of such
property.

(7) "Mortgage loan" means a financial obligation secured by a mortgage.

(8) "Persons or families of low or moderate income" means an individual or
household whose income qualifies as low income or moderate income as determined from
time to time by the corporation's board of directors in a manner consistent with federal
housing programs.

(9) "Residential housing" means a specific work or improvement within the state
undertaken primarily to provide decent, safe, and sanitary dwelling accommodations that are
in compliance with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §12131 et
seq., for persons of low or moderate income, including, but not limited to, the acquisition,
construction, rehabilitation, or improvement of land, buildings, and improvements thereto
in connection with apartments, condominiums, single family homes, townhouses, and
nonhousing facilities appurtenant thereto.

(10) "State" means the state of Louisiana.

(11) "State agency" means any board, authority, agency, department, commission,
public corporation, body corporate and politic, or instrumentality of the state. A local
housing authority established pursuant to R.S. 40:381 et seq., shall not be considered a "state
agency".

*Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2012, No. 686, §1.*

##### **§ 40:600.88** Creation of the corporation {#sec-40-600.88 omnilex-key=us-la-statutes--rs-title-40--40:600.88}

There is hereby created a public body corporate and politic known as the Louisiana Housing Corporation. The Louisiana Housing Corporation, referred to in this Chapter as the "corporation", shall be an instrumentality of the state.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.89** Organization of the corporation {#sec-40-600.89 omnilex-key=us-la-statutes--rs-title-40--40:600.89}

A. The Louisiana Housing Corporation shall be governed by a board of directors
composed of the following members:

(1) One member shall be the state treasurer or his designee. Notwithstanding the
provisions of R.S. 49:307.1, the treasurer may name any person as his designee to this board.

(2) Eight members shall be appointed by the governor, two of whom shall be at-large
appointments. All members appointed by the governor shall meet all of the following
criteria:

(a) Each shall be a resident of the state.

(b) Each shall have at least five years of experience in one or more of the following
fields:

(i) Banking or bonds.

(ii) Residential or multi-family construction.

(iii) Real estate.

(iv) Affordable housing development.

(v) Nonprofit residential development.

(vi) Programs of the Department of Housing and Urban Development or any
successor agency.

(c) Not more than one member appointed pursuant to this Paragraph shall be a
resident of a single congressional district, except for the at-large members who may be
selected from the state at large.

(d) One shall either be a consumer of or an advocate for affordable housing.

(e) The eight members appointed by the governor shall be diverse and representative
of the state's population as near as practicable, including with respect to ethnicity, and shall
each be submitted to the Senate for confirmation.

(3) Four additional members shall be appointed as follows:

(a) Two persons appointed by the president of the Senate, one of whom shall be
appointed from a parish having a population of less than seventy-five thousand persons
according to the latest federal decennial census or a municipality having a population less
than fifteen thousand persons according to the latest federal decennial census. The two
members appointed pursuant to this Subparagraph shall serve at the pleasure of the president
of the Senate.

(b) Two persons appointed by the speaker of the House of Representatives, one of
whom shall be appointed from a parish having a population of less than seventy-five
thousand persons according to the latest federal decennial census or a municipality having
a population less than fifteen thousand persons according to the latest federal decennial
census. The two members appointed pursuant to this Subparagraph shall serve at the
pleasure of the speaker of the House of Representatives.

B. In the event of a vacancy in the office of any member of the board of directors,
by death, resignation, removal, or otherwise, a replacement shall be appointed in the same
manner as the person whose position is now vacant was originally appointed and, if
appointed by the governor, shall serve for the remainder of the unexpired term.

C.(1) Each appointed member of the board of directors shall hold office until his
successor has been appointed and has qualified.

(2)(a) Any appointed member shall be eligible for reappointment.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, no
member appointed by the governor shall serve more than three consecutive terms. Any such
member who serves three consecutive terms shall be eligible for reappointment no earlier
than one year after leaving office.

(3) Any member of the board of directors of the corporation may be removed from
office by the appointing authority for incompetence, malfeasance, misconduct, or willful
neglect of duty, after reasonable notice and a public hearing, unless the notice and hearing
are expressly waived in writing.

(4) Every member of the board of directors of the corporation shall, before entering
office, take the oath of office required of public officials to administer the duties of his office
faithfully and impartially, and a record of such oath shall be filed with the secretary of state.

(5) Board members appointed by the governor shall serve staggered four-year terms
as provided in this Section. Two shall serve initial terms of two years each, two shall serve
initial terms of three years each, and two shall serve initial terms of four years each, as
determined by lot at the first meeting of the board.

(6) Board members may receive compensation of fifty dollars per diem for their
services and may be eligible for reimbursement of reasonable travel expenses incurred in
connection with the discharge of their duties only as provided by majority vote of the board.

D.(1) Each member of the board of directors shall file financial disclosure statements
pursuant to R.S. 42:1124.2.1.

(2) The executive director shall file financial disclosure statements pursuant to R.S.
42:1124.2.

(3) If the state treasurer does not appoint a designee but serves as a member, he shall
not file the disclosure statement required by this Subsection but rather shall file disclosure
statements as otherwise required by law for the state treasurer.

*Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2021, No. 302, §1.*

##### **§ 40:600.90** Officers of the corporation; duties; liability {#sec-40-600.90 omnilex-key=us-la-statutes--rs-title-40--40:600.90}

A. Executive director.

(1) Appointment.

(a) The board of directors of the corporation shall appoint an executive director of the corporation subject to confirmation by the Senate for a term not to exceed three years. Any person appointed shall meet all the requirements for being a member of the board of directors except for the requirement of R.S. 40:600.89(A)(2)(a).

(b) Any person whose appointment was not confirmed shall not be reappointed for confirmation for a period of two years.

(2) Duties; requirements.

(a) The executive director of the corporation shall manage the daily affairs of the corporation and shall have such powers and duties as specified by this Chapter and by the board of directors.

(b) The executive director shall not be a member of the board.

(c) The executive director of the corporation shall be terminated only for cause.

(d) The executive director shall administer, manage, and direct the affairs and business of the corporation, subject to the policies, control, and direction of the board of directors of the corporation.

B. The executive director shall submit a staffing plan to the board for its approval.

C. No officer or employee of the corporation shall be a member of the board.

D. The powers of the board.

(1) The powers of the corporation shall be vested in the board of directors.

(2) A majority of the members of the board currently serving shall constitute a quorum for the transaction of any business, and the presence of a quorum shall be required for the exercise of any power or function of the corporation. No vacant office shall be included in the determination of the number of members of the board necessary to establish a quorum.

(3) No action shall be taken by the board until such time as at least seven of the members have been appointed and have taken the oath of office.

(4) No vacancy in the board shall impair the rights of a quorum of the board to exercise any power or function of the corporation as provided in Paragraph (5) of this Subsection.

(5) Action may be taken by a quorum of the board upon an affirmative vote of a majority of the members present.

(6) The board may create and appoint members to any committee deemed necessary or beneficial to carrying out the duties of the board.

(7) The board may employ counsel to represent the board.

(8) The board may appoint and, so appointing, prescribe the duties of the officers as are named to assist in the operation of the corporation, including, but not limited to, a secretary or treasurer of the corporation. The offices and duties shall be included in the bylaws of the corporation.

E. The corporation shall be domiciled in Baton Rouge.

F. The corporation shall adopt bylaws for its own governance and internal organization, provided that such bylaws shall not conflict with any of the provisions of this Chapter or with any other law applicable to public bodies or agencies. Except to the extent in conflict with this Chapter, the corporation and its board shall be subject to the laws relative to meetings of public bodies, public records, and the Code of Governmental Ethics.

G. No member of the board of directors shall be civilly liable by reason of any act or omission committed or suffered in the performance of his duties as member of the board or with respect to the operations of the corporation, but any act, liability for omission, or obligation of a member in the performance of his duties or with respect to the operations of the corporation shall extend to the whole of the property of the corporation, or so much thereof as may be necessary or available to discharge such liability or obligation, and not otherwise.

H.(1) If any member of the board of directors or any officer or employee of the corporation shall have an interest, either direct or indirect, in any contract to which the corporation is, or is to be, a party, or in any lending institution requesting a loan from or offering to sell insured mortgage loans to the corporation, such interest shall be disclosed to the corporation in writing and shall be set forth in the minutes of the corporation.

(2) Notwithstanding the provisions of R.S. 42:1112, no member of the board of directors and no officer or employee having such interest shall participate in any action by the corporation, including but not limited to discussion and voting on any issue bearing on that interest. The member of the board of directors shall recuse himself from any action taken by the board of directors.

(3) Failure to make a disclosure required pursuant to this Subsection shall constitute misconduct in office.

I. Fiscal matters.

(1) The corporation shall operate from self-generated funds and shall not be a budget unit of the state.

(2) The corporation may receive state appropriations and the expenditure of such appropriated funds shall be subject to budgetary controls or authority of the division of administration.

(3) The corporation shall establish an operating budget for the use of its funds, subject to the favorable vote of two-thirds of the current membership of the board of directors of the corporation.

(4) The fiscal year for the corporation shall run concurrently with the fiscal year of the state.

(5) Any budget adopted for a fiscal year shall be effective for that fiscal year.

*Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2013, No. 420, §5, eff. June 21, 2013.*

##### **§ 40:600.91** Powers and duties of the corporation {#sec-40-600.91 omnilex-key=us-la-statutes--rs-title-40--40:600.91}

A. The corporation shall have the powers necessary or convenient to carry
out and effectuate the purposes and provisions of this Chapter, including the
following powers in addition to all other powers granted by other provisions of this
Chapter:

(1) The corporation may sue and be sued in its own name.

(2) The corporation may establish a seal and alter the same at its pleasure.

(3) The corporation shall adopt, in accordance with the provisions of the
Administrative Procedure Act, R.S. 49:950 et seq., those rules and regulations as are
necessary and proper for the performance of its duties and responsibilities, in
compliance with and subject to the exceptions in the following provisions:

(a) The Administrative Procedure Act, R.S. 49:950 et seq., shall not apply
to the sale of bonds, notes, or other obligations of the corporation or of programs of
the corporation funded with the proceeds thereof, when such sale occurs after
reasonable public notice and public hearing.

(b) The Administrative Procedure Act, R.S. 49:950 et seq., shall not apply
to the administration and allocation of low-income housing tax credits under Section
42 of the Internal Revenue Code of 1986, as amended, except that upon adoption of
rules and regulations relative to such administration and allocation, the corporation
shall submit these rules and regulations to the Joint Legislative Committee on the
Budget for review.

(c) The Administrative Procedure Act, R.S. 49:950 et seq., shall not apply
to the following programs, except that upon adoption of such rules and regulations
relative to such programs, the program or the corporation shall submit such rules and
regulations to the Joint Legislative Committee on the Budget for review. The
programs subject to this provision are as follows:

(i) The Risk Sharing Program.

(ii) The Mark to Market Program.

(iii) The Louisiana Housing Trust Fund.

(iv) The HOME Program.

(v) The Low Income Housing Energy Assistance Program (LIHEAP).

(vi) The Weatherization Program (WAP).

(vii) The Section Eight Contract Administration Program.

(viii) The Louisiana Habitat for Humanity Loan Purchase Program Act.

(ix) Funding for the Louisiana Land Trust.

(4) The corporation may make and execute contracts and all other
instruments necessary or convenient for the exercise of its powers and functions
pursuant to this Chapter with any federal or state governmental agency, public or
private corporation, lending institution, or other entity or person.

(5) The corporation may accept donations of movable or immovable property
from any source and receive appropriations from the legislature or financial
assistance or subsidies from the federal or state government.

(6) The corporation may, subject to the rights of holders of bonds of the
corporation, renegotiate, refinance, or foreclose on any mortgage or commence any
action to protect or enforce any right or benefit conferred upon the corporation by any
law, mortgage, contract, or other agreement, and bid for and purchase such property
at any foreclosure or at any other sale, or otherwise acquire or take possession of any
such property, and, in this event, the corporation may complete, administer, pay the
principal of and interest on any obligation incurred in connection with such property,
dispose of and otherwise deal with such property in such manner as may be necessary
or desirable to protect the interest of the corporation or of holders of its bonds
therein.

(7) The corporation may procure or provide for the procurement of insurance
or reinsurance against any loss in connection with its property or operations,
including but not limited to insurance, reinsurance or other guarantees from a federal
or state governmental agency or private insurance company for the payment of any
bonds issued by the corporation or bonds, notes, or any other obligations or evidences
of indebtedness issued or made by any lending institution or other entity or person
or insurance or reinsurance against loss with respect to mortgages or mortgage loans,
including the power to pay premiums on such insurance or reinsurance.

(8) The corporation may insure, reinsure, or cause to be insured or reinsured
mortgage loans or mortgages on residential housing, may receive premiums on such
insurance or reinsurance, may establish reserves for losses, and may participate in the
insurance or reinsurance of mortgage loans or mortgages on residential housing with
the federal or state government.

(9) The corporation may enter into agreements and contracts with persons
and entities including but not limited to the federal or state government or its
subdivisions, agencies, or instrumentalities, or with mortgagors or lending
institutions.

(10) The corporation may undertake and carry out or authorize the
completion of studies and analyses of housing conditions and needs within the state
and ways of meeting such needs, may make such studies and analyses available to the
public and to the housing industry, may engage in research, and may disseminate
information on housing, in coordination with the office of community development
within the division of administration.

(11) The corporation may accept federal, state, or private financial or
technical assistance, comply with any conditions for such assistance, and become a
"co-insurer" with the United States Department of Housing and Urban Development
or other appropriate federal agency for housing finance programs.

(12) The corporation may collect fees and charges in connection with its
loans, insurance, commitments, and services including but not limited to
reimbursement of costs of issuing bonds, service charges, and insurance premiums.

(13) The corporation may purchase secured loans or make lending
commitments to purchase or sell construction or mortgage loans with respect to
residential housing. Further, the corporation may make secured loans to lending
institutions, including commitments therefor, with respect to the making of
construction or mortgage loans by lending institutions for residential housing.

(14) The corporation may acquire or contract to acquire from any person,
firm, corporation, municipality, federal or state agency, by grant, purchase, or
otherwise, movable or immovable property or any interest therein; may own, hold,
clear, improve, lease, construct, or rehabilitate, and may sell, invest, assign,
exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the
same, subject to the rights of holders of the bonds of the corporation, at public or
private sale, with or without public bidding.

(15) The corporation may borrow money, issue bonds, and provide for the
rights of the lenders or holders thereof.

(16) The corporation may, subject to the rights of holders of the bonds of the
corporation, consent to any modification with respect to the rate of interest, time
payment of any installment of principal or interest, security or other term of any loan,
contract, mortgage, mortgage loan or commitment therefor, or agreement of any kind
to which the corporation is a party or beneficiary.

(17) The corporation may maintain an office, in addition to the office in
Baton Rouge, at such place or places in the state as the corporation shall determine.

(18) In carrying out its functions under this Chapter, the corporation shall
accomplish all of the following:

(a) The corporation shall adopt rules and regulations which shall require fair,
impartial, and equitable treatment of all lending institutions by the corporation.

(b) Such rules and regulations shall ensure that favoritism shall not be an
element in the allocation of services by the corporation and that objective standards
and criteria shall control and govern access to the allocation of services and functions
authorized by this Chapter.

(c) The board of directors of the corporation shall establish statewide policy
for the financing of housing for persons or families of low or moderate income and
for senior citizens and persons with disabilities and such policy shall apply to all
units, divisions, agencies, public corporations, and instrumentalities of the state, and
may include the division of administration, involved directly or indirectly in
financing single family or multi-family housing for such persons or families.

(19) The corporation may purchase secured loans or make lending
commitments to purchase loans on multi-family housing projects under such
guidelines, rules, and restrictions as shall be adopted by the corporation.

(20) The corporation is authorized to sell residential loans purchased by it or
by others either singly or in "packages" or pools to investors, including the retirement
plans and trusts established for the employees of the state and its subdivisions,
agencies, instrumentalities, and units of government which may be authorized to
purchase residential first mortgages for investment purposes; however, all such
mortgage loans purchased by the corporation for resale shall have been made on real
estate in the state.

(21) Notwithstanding any provisions of this Chapter or any other law to the
contrary, specifically R.S. 12:202.1, the corporation may create or cause to be created
such nonprofit corporations as may be necessary or expedient to participate in
housing programs of the federal government or its agencies and instrumentalities.

(22) Notwithstanding the provisions of this Chapter or any other law to the
contrary, specifically R.S. 12:202.1, the corporation may create or cause to be created
such nonprofit corporations as may be necessary or desirable to establish housing
equity funds, the purpose of which shall be to direct the investment of capital
primarily from Louisiana residents to residential housing developments qualifying
under Section 42 of the Internal Revenue Code of 1986 for low income housing
credits.

(23) The corporation shall administer the federal grants for energy assistance
and weatherization services for low-income persons.

(24) The corporation shall administer the Louisiana Housing Trust Fund.

(25) Notwithstanding any provisions of this Chapter or any other law to the
contrary, the corporation is authorized to:

(a) Sponsor a statewide community housing development organization to
partner with or to expand the capacity of local nonprofit organizations in limited
resource communities and to develop and manage affordable residential rental
housing in partnership with such local nonprofit organizations.

(b) Originate and fund second mortgage loans to persons or households of
low or moderate income as defined by the United States Department of Housing and
Urban Development.

(c) Finance directly pools of loans to public housing authorities as
established under the Louisiana Housing Authorities Law, contained in R.S. 40:381
et seq.

(d) Establish one or more subsidiaries to carry out the purposes of this
Chapter.

(e) Establish the Louisiana Housing Finance Agency as a subsidiary of the
corporation, and to operate the agency as a subsidiary until June 30, 2012.

(f) Notwithstanding any provision of law to the contrary, the corporation may
assume the obligations of any entity that becomes a subsidiary of the corporation in
accordance with this Chapter.

(26)(a) Notwithstanding any provision of law to the contrary, the corporation
is authorized and required to assume administration or management of disaster
recovery programs funded by the Department of Housing and Urban Development
Community Development Block Grants and the Supplemental Appropriations Act
of 2008 (P.L. 110-252) as designated by the commissioner of administration.

(b) In the event that a state agency has contracts in place for the purpose of
the implementation of such programs, the agency may transfer to the corporation the
contracts or the portion of the contracts related to the programs transferred.

(c) Notwithstanding any provisions of law to the contrary, the Homelessness
Prevention and Rapid Re-housing program in the Department of Children and Family
Services shall be transferred to the corporation.

(27) The corporation shall have all powers necessary to access any and all
federal funding related to housing. The corporation may access programs funded by
the Department of Housing and Urban Development's Community Development
Block Grants.

(28)(a) The corporation, through its board, may establish advisory
committees to assist in carrying out its mission, goals, and purposes.

(b)(i) The corporation shall establish the Housing and Transportation
Planning and Coordinating Commission as an advisory committee. The primary
purpose of this commission shall be to advise the corporation in coordinating the
integration of planning and spending by local governments, parish and municipal
governing authorities, redevelopment authorities, and the Department of
Transportation and Development on housing and transportation needs. The
commission shall recommend multiple modes of transportation and multiple types
of housing developments to be planned so as to provide planned recreational growth,
more fully integrated and livable communities, and effective spending of public
funds for the betterment of life for Louisiana citizens.

(ii) The commission shall be comprised of the following members:

(aa) The executive director of the Louisiana Housing Corporation, or his
designee.

(bb) One member appointed by the commissioner of administration to
represent the office of facility planning and control.

(cc) The secretary of the Department of Transportation and Development, or
his designee.

(dd) The secretary of the Department of Children and Family Services, or his
designee.

(ee) The president of the Louisiana Housing Alliance, or his designee.

(ff) One member appointed by the National Association of Regional Councils
from its Louisiana chapter.

(gg) One member appointed by the Louisiana chapter of the Association of
Metropolitan Planning Organizations.

(hh) One member appointed by the National Association of Housing and
Redevelopment Officials from its Louisiana chapter.

(ii) Repealed by Acts 2012, No. 686, §2.

(jj) Two members of nonprofit housing development organizations appointed
by the board of the Louisiana Housing Corporation.

(kk) One member appointed by the Louisiana Housing Council.

(ll) One member appointed by the Policy Jury Association of Louisiana.

(mm) One member appointed by Louisiana Municipal Association.

(nn) One member appointed by the Louisiana state chapter of the American
Planning Association.

(oo) The superintendent of the Department of Education, or his designee.

(pp) The secretary of Louisiana Economic Development, or his designee.

(qq) One member appointed by the Louisiana Association of Affordable
Housing Providers.

(iii) Members of the commission appointed shall serve at the pleasure of the
appointing authority and serve four-year terms. A vacancy in the office of a member
shall be filled in the same manner as the original appointment for the remainder of
the unexpired term.

(iv) The commission shall elect a chairman and such other officers as it
deems necessary from among its members.

(v) Members of the commission shall not receive any salary or
reimbursement of expenses for performing their duties as members other than
compensation or reimbursement provided by their individual employers.

(vi) The commission shall create a statewide housing plan for state agencies
and conduct a parish-by-parish assessment of housing. The assessment shall be
conducted once every five years and the statewide housing plan shall be updated
based on the most recent assessment. All parish governing authorities, local
governments, and redevelopment authorities shall cooperate with the commission.

(aa) The assessments shall document the overall supply of housing including
single-family, multi-family, special needs, and institutional housing; conditions of
the housing stock; housing cost burden in each parish; and access to transit and job
centers in each parish or metropolitan planning area.

(bb) As part of its assessment, the commission shall hold not fewer than three
public hearings in each region of the state to provide for citizens participation in the
development of the plan. In each region, each such hearing shall be held at a
different time of day and on a different day of the week from the other meetings in
that region in order to maximize the opportunity for citizen participation. Members
of the commission shall be invited guests to the public hearings.

(cc) The commission, at regular intervals and in public meetings, shall update
the board on the progress of the development of the statewide housing plan and
maintenance thereof or any updates thereto. The commission shall also submit the
developed plan, or once the plan is developed any recommended updates to such
plan, to the board for approval, approval with comments, or rejection at a schedule
determined by the board. Any plan or update which is rejected by the board shall not
be incorporated into the statewide housing plan.

(vii) The commission shall advise and provide recommendations to the board
in the following areas:

(aa) Planning and housing regions of the state.

(bb) Public and alternative transportation needs. Such recommendation may
include alternative modes of transportation including public transit, bus rapid transit,
and rail and bicycle paths.

(cc) Estimates on low and moderate income housing needs.

(dd) Criteria and guidelines for parishes and municipalities to determine and
address their local affordable housing needs, to promote consistency and uniformity
in the information obtained and reported.

(ee) Criteria and guidelines for parishes, municipalities, and redevelopment
authorities, and metropolitan planning organizations to coordinate and address local
and regional transportation needs, to promote consistency and uniformity in the
information obtained and reported.

(ff) Schedule and establish criteria to review housing and transportation plans
for parishes and municipalities, and provide technical assistance to those parishes and
municipalities unable to develop plans consistent with the established criteria and
guidelines to determine consistency with established criteria and guidelines to
address local affordable housing and transportation needs.

(29) The corporation shall have all the powers and duties of a housing
authority created pursuant to the Louisiana Housing Authorities Law, R.S. 40:381 et
seq., necessary to administer the Permanent Supportive Housing program.

B. The corporation may promulgate rules, regulations, or other procedures
for the coordination of all state-administered housing programs. Notwithstanding
any provisions of this Chapter or any other provision of the law to the contrary, every
department, agency, or instrumentality of the state administering any federal or state
housing resource shall provide assistance to the corporation, including but not limited
to information, technical assistance, and personnel of such department, agency, or
instrumentality, which is being or may be used to provide decent, safe, sanitary,
accessible, and affordable housing to the residents of the state in order to accomplish
the goals and to comply with the provisions of this Chapter.

C. The Louisiana Housing Corporation is authorized and directed to
cooperate and coordinate with units of general local government, local public
housing authorities, and other instrumentalities of local government, including but
not limited to public trusts and local nonprofit housing corporations, in developing
a comprehensive plan and housing strategy as required by the Department of Housing
and Urban Development. Such plan shall be submitted to the House Committee on
Municipal, Parochial and Cultural Affairs and the Senate Committee on Local and
Municipal Affairs for review within thirty days of its completion.

D. The Louisiana Housing Corporation is authorized and directed to increase
the supply of supportive housing, which combines structural features and services
needed to enable persons with disabilities and senior citizens to live with dignity and
independence.

E. The Louisiana Housing Corporation is authorized and directed to finance
mixed-income residential rental developments or homeownership using federal
housing tax benefits or any other available federal funds or benefits.

*Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2012, No. 686, §§1, 2.*

##### **§ 40:600.92** Purchase of mortgage loans {#sec-40-600.92 omnilex-key=us-la-statutes--rs-title-40--40:600.92}

A. The corporation may purchase, or contract to purchase, insured mortgage loans with respect to residential housing from lending institutions, at such prices and upon such terms and conditions as it shall determine by rules or regulations adopted by the board of directors. All lending institutions are authorized to sell insured mortgage loans to the corporation in accordance with the provisions of this Chapter and the rules and regulations of the corporation.

B. The corporation may require as a condition of purchase of any insured mortgage loan from a lending institution that the lending institution represent and warrant to the corporation all of the following:

(1) The unpaid balance of the mortgage loan and the interest rate thereon have been accurately stated to the corporation and that the interest rate is not usurious.

(2) The amount of the unpaid principal balance of the mortgage loan is justly due and owing in accordance with the terms thereof.

(3) The lending institution has no notice of the existence of any counterclaim, offset, or defense asserted by the mortgagor or his successor in interest.

(4) The mortgage loan is evidenced by a note and a mortgage which has been properly recorded in the parish in which the immovable property is situated.

(5) The mortgage constitutes a valid first lien on the immovable property described to the corporation, subject to property taxes not yet due, installments of assessments not yet due, and such servitudes, encumbrances, or restrictions which do not adversely affect to a material degree the use or value of the immovable property or the improvements thereon.

(6) The mortgage loan when made was lawful under federal or state law, or both, whichever governed the making of the loan, and would be lawful on the date of purchase by the corporation if made by the lending institution on that date in the amount of the unpaid principal balance.

(7) The mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, property taxes or otherwise in the performance of his obligations under the mortgage loan documents and has not to the knowledge of the lending institution been in default in the performance of any such obligation for a period of longer than sixty days during the life of the mortgage.

(8) The improvements to the mortgaged property are covered by a valid and current policy of insurance, in full force and effect, issued by an insurance company authorized to issue such policies in the state and providing fire and extended coverage in an amount not less than the outstanding principal balance of the mortgage loan or the maximum insurable value of the mortgaged property, whichever is greater.

(9) The mortgage loan meets the prevailing investment quality standards for mortgage loans of that type in the state and is an insured mortgage loan.

C. A lending institution shall be liable to the corporation for any damages suffered by the corporation by reason of the untruth of any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made or in the event of any breach of warranty, the lending institution at the option of the corporation shall repurchase the mortgage loan for the original purchase price, adjusted for amounts subsequently paid thereon and for damages incurred by the corporation, as the corporation may determine.

D. The corporation may require the recording of an assignment of any mortgage loan or mortgage purchased by it from a lending institution. The corporation shall not be required to inspect or take possession of the mortgage loan documents if the lending institution from which the mortgage loan is purchased by the corporation enters into a contract with the corporation to service such mortgage loan and to account to the corporation regarding such mortgage loan.

E. If the corporation purchases a mortgage loan from a lending institution, the corporation may contract with that or another lending institution to act as servicing agent for the corporation for the collection of mortgage loan payments from the mortgagor and for the exercise of the rights and the discharge of the responsibilities provided for in the mortgage loan documents and federal and state law.

F. To the extent that any provisions of this Section may be inconsistent with any provision of law of the state governing lending institutions, the provisions of this Section shall control.

G. Notwithstanding any provision of this Chapter or of any other law to the contrary, the corporation may directly fund insured mortgage loans in connection with a federal program if benefits provided by such program would not otherwise be made available within the state.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.93** Loans to lending institutions {#sec-40-600.93 omnilex-key=us-la-statutes--rs-title-40--40:600.93}

A.(1) The corporation may make, or contract to make, secured loans to lending institutions at such interest rates, terms, and conditions as it shall determine by rules or regulations adopted by the board of directors.

(2) All lending institutions are authorized to borrow funds from the corporation in accordance with the provisions of this Chapter and the rules and regulations of the corporation.

(3) The corporation shall require that the proceeds of its loans to lending institutions or an equivalent amount shall be used by such lending institutions to make mortgage loans with respect to residential housing located within the state, subject to such terms and conditions as the corporation may prescribe.

B. The corporation shall require that each lending institution which is the recipient of a loan pursuant to this Section shall issue and deliver to the corporation an evidence of its indebtedness to the corporation, which shall constitute a general obligation of such lending institution and shall bear such date or dates, shall mature at such time or times, shall be subject to such prepayment, and shall contain such other provisions consistent with this Section as the corporation shall determine.

C. Notwithstanding any other provisions of this Section to the contrary, the interest rate or rates and other terms of such loans to lending institutions made from the proceeds of any issue of bonds of the corporation shall be at least sufficient to assure the payment of said bonds and the interest thereon as the bonds become due.

D. The corporation shall require that loans made to lending institutions pursuant to this Section shall be additionally secured as to payment of both principal and interest by a pledge of collateral security in such amounts and consisting of such obligations, securities, or mortgages as the corporation shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due.

E.(1) The corporation may require that collateral for loans to lending institutions be deposited with a bank, trust company, or other financial institution acceptable to the corporation located either within or outside the state as designated by the corporation.

(2) In the absence of such requirement, a lending institution that is the recipient of a loan from the corporation shall enter into an agreement with the corporation containing such provisions as the corporation shall deem necessary or desirable to adequately identify and maintain such collateral, to service such collateral, and to require that the lending institution shall hold such collateral as agent for the corporation and shall be accountable to the corporation as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of such agreement.

(3) A copy of each such agreement and any revisions or supplements thereto shall be filed with the secretary of state, and no further filing or other action under any other law of the state shall be required to perfect the security interest of the corporation in such collateral or any additions thereto or substitutions therefor, and the lien and trust for the benefit of the corporation so created shall be binding from and after the time made against all parties having claims of any kind in tort, contract, or otherwise against such lending institution.

(4) The corporation may also establish such additional requirements as it shall deem necessary with respect to the pledging, assigning, setting aside, or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom.

F. The corporation shall require lending institutions that are the recipients of loans from the corporation to submit evidence satisfactory to the corporation that the lending institution has used the proceeds of such loans by the corporation, or any equivalent amount, to make mortgage loans with respect to residential housing and that the lending institution has complied with the terms and conditions of such loans as prescribed by the corporation. In connection therewith, the corporation, through its employees or agents, may inspect the books and records of such lending institution.

G. The corporation may require as a condition of any loans to lending institutions such representations and warranties as it shall determine to be necessary or desirable to service such loans and implement the provisions of this Section.

H. Subject to the rights of holders of bonds of the corporation, the corporation may collect, enforce the collection of, and foreclose on any collateral securing its loans to lending institutions and acquire or take possession of such collateral and sell the same at private or public sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the corporation therein.

I. To the extent that any provisions of this Section may be inconsistent with any provision of the law of the state governing lending institutions, the provisions of this Section shall control.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.94** Bonds of the corporation {#sec-40-600.94 omnilex-key=us-la-statutes--rs-title-40--40:600.94}

A. The corporation is hereby authorized and empowered to issue bonds from time to time, whether the interest thereon is subject to taxation under the provisions of the Internal Revenue Code of 1986 as now enacted or subsequently amended or is exempt therefrom to provide funds for and to fulfill and achieve its authorized public functions or corporate purposes as set forth in this Chapter including but not limited to the following purposes:

(1) The purchase of insured mortgage loans from lending institutions.

(2) The making of secured loans to lending institutions.

(3) Construction of residential buildings.

(4) The purchase of residential loans previously made and secured by first mortgages and for the purchase of securities fully collateralized by first mortgages on residential housing.

(5) The purchase of "pre-packaged" residential first mortgage loans for investment or resale.

(6) The payment of interest on bonds of the corporation, the establishment of reserves to secure such bonds, the establishment of reserves with respect to the insurance of mortgage loans for residential housing.

(7) All other expenditures of the corporation incident to and necessary or convenient to carry out its public functions or corporate purposes.

B. Except as may otherwise be provided by the corporation, all bonds issued by the corporation shall be negotiable instruments and may be general obligations of the corporation, secured by the full faith and credit of the corporation and payable out of any money, assets, or revenues of the corporation or from any other sources whatsoever that may be available to the corporation.

C. The bonds of the corporation shall be solely the obligations of the corporation. In no event shall any bonds of the corporation constitute an obligation, either general or special, of the state or of any political subdivision of the state or constitute or give rise to a pecuniary liability of the state or of any political subdivision of the state, nor shall the corporation have the power to pledge the general credit or taxing power of the state or of any political subdivision of the state.

D. Bonds shall be authorized, issued, and sold by a resolution or resolutions of the corporation adopted as provided in this Chapter. Such bonds may be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, payable at such time or times, be in such denominations, be sold at such price or prices, at public or private negotiated sale, after advertisement as is provided for in R.S. 39:1421 through 1427, be in such form, either in coupon form, registered as to principal only or fully registered without coupons, carry such registration and exchangeability privileges, be payable at such place or places, be subject to such terms of redemption, and be entitled to such priorities on the income, revenue, and receipts of, or available to, the corporation as may be provided by the corporation in the resolution or resolutions providing for the issuance and sale of the bonds of the corporation.

E. The bonds of the corporation shall be signed by such directors or officers of the corporation, by either manual or facsimile signatures, as shall be determined by resolution or resolutions of the corporation, and shall have impressed or imprinted thereon the seal of the corporation, or a facsimile thereof. The coupons attached to coupon bonds of the corporation shall bear the facsimile signature of such director or officer of the corporation as shall be determined by resolution or resolutions of the corporation.

F. Any bonds of the corporation may be validly issued, sold, and delivered, notwithstanding that one or more of the directors or officers of the corporation signing such bonds, or whose facsimile signature or signatures may be on the bonds or on coupons shall have ceased to be such director or officer of the corporation at the time such bonds shall actually have been delivered.

G. Bonds of the corporation may be sold in such manner and from time to time as may be determined by the corporation to be most beneficial, and the corporation may pay all expenses, premiums, or commissions which it may deem necessary or advantageous in connection with the issuance and sale thereof, subject to the provisions of this Chapter.

H. Bonds of the corporation may be issued under and subject to such terms, covenants, or conditions, consistent with this Chapter, as may be determined by resolution or resolutions of the corporation to be necessary or desirable, including but not limited to all of the following:

(1) The establishment of a trust indenture or indentures by and between the corporation and a corporate trustee, which may be any bank or trust company having the powers of a trust company, located within or without the state, that is acceptable to the corporation.

(a) Such trust indenture may provide for the pledging or assigning of any assets or income from assets to which or in which the corporation has any rights or interest, and may further provide for such other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of the bonds of the corporation, and not otherwise in violation of law.

(b) Such agreement may provide for the restriction of the rights of any individual holder of bonds of the corporation.

(c) Such trust indenture may provide that all expenses incurred in carrying out the provisions of such trust indenture may be treated as a part of the cost of operation of the corporation.

(d) The trust indenture may contain any further provisions which are reasonable to delineate further the respective rights, duties, safeguards, responsibilities, and liabilities of the corporation.

(2) The pledge or creation of a lien, to the extent provided by resolution or resolutions of the corporation, on all or any part of the money, assets, or revenues of the corporation or on any money or assets held by others for the benefit of the corporation to secure the payment of such bonds.

(3) Provisions for the custody, collection, securing, investment, and payment of any money of or due to the corporation.

(4) The creation or funding of reserves or sinking funds and the regulation or disposition thereof.

(5) Limitations on the purposes to which the proceeds of the sale of any issue of bonds then or thereafter to be issued may be applied.

(6) Limitations on the issuance of additional bonds and on the refunding of outstanding or other bonds.

(7) The procedure, if any, by which the terms of any contract with the holders of bonds of the corporation may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.

(8) The creation of special funds into which any money of the corporation may be deposited.

(9) The vesting in a trustee or trustees of such properties, rights, powers, and duties in trust as the corporation may by resolution determine.

(10) The definition of the acts or omissions which shall constitute a default in the obligations and duties of the corporation and providing for the rights and remedies of the holders of bonds of the corporation in the event of such default in accordance with the provisions of the Chapter and the general laws of the state.

(11) Any other matters of like or different character, which in any way affect the security and protection of the bonds and the rights of the holders thereof.

I. The corporation is hereby granted the total allocation for qualified mortgage bonds for state housing finance corporation issuers pursuant to the federal Mortgage Subsidy Bond Tax Act of 1980, 26 U.S.C. 103A. Any allocation made pursuant to this Act to issuers other than state housing finance corporation issues which have not been sold by September first of each year may be allocated, in whole or in part, by the governor of the state of Louisiana to the corporation.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.95** Statutory pledge {#sec-40-600.95 omnilex-key=us-la-statutes--rs-title-40--40:600.95}

Any pledge made by the corporation shall be valid and binding from the time when the pledge is made. The money, assets, or revenues of the corporation so pledged and thereafter received by the corporation shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in order to establish and perfect a lien or security interest in the property so pledged.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.96** Refunding bonds {#sec-40-600.96 omnilex-key=us-la-statutes--rs-title-40--40:600.96}

A. Subject to the rights of the holders of the bonds of the corporation, the corporation is hereby authorized and empowered to issue from time to time its bonds for the purpose of refunding any bonds of the corporation then outstanding, together with the payment of any redemption premiums thereon and interest accrued or to accrue to the date of redemption of such outstanding bonds.

B. All such refunding bonds of the corporation shall be issued, sold or exchanged, and delivered, shall be secured, and shall be subject to the provisions of this Chapter in the same manner and to the same extent as any other bonds issued by the corporation pursuant to this Chapter, unless otherwise determined by resolution of the corporation.

C. Refunding bonds issued by the corporation as herein provided may be sold or exchanged for outstanding bonds of the corporation and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding bonds.

D. Pending the application of the proceeds of any such refunding bonds, with any other available funds, to the payment of the principal, accrued interest, and redemption premiums, if any, on the bonds being refunded, and, if so provided or permitted in the trust indenture or the resolution of the corporation authorizing the issuance of such refunding bonds, to the payment of any interest on such refunding bonds and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal and interest on which are unconditionally guaranteed by, the United States which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.97** Liability of directors, officers, or employees of the corporation {#sec-40-600.97 omnilex-key=us-la-statutes--rs-title-40--40:600.97}

The directors, officers, or employees of the corporation, or any other person executing the bonds of the corporation shall not be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance, sale, or delivery thereof while acting within the scope of their authority.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.98** Purchase of bonds by corporation {#sec-40-600.98 omnilex-key=us-la-statutes--rs-title-40--40:600.98}

Subject to the rights of holders of bonds, the corporation shall have the power out of any funds available therefor, to purchase bonds of the corporation, which shall thereupon be cancelled, at a price not exceeding either of the following:

(1) If the bonds are then subject to optional redemption, the optional redemption price then applicable plus accrued interest to the next interest payment date thereon.

(2) If the bonds are not then subject to optional redemption, the optional redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to optional redemption plus accrued interest to such date.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.99** Approval of issuance of bonds by State Bond Commission {#sec-40-600.99 omnilex-key=us-la-statutes--rs-title-40--40:600.99}

The approval of the State Bond Commission shall be obtained prior to the issuance of any bonds of the corporation. No notice to, or consent or approval by, any other governmental body or public officer shall be required as a prerequisite to the issuance, sale, or delivery of any bonds of the corporation, or to the making of any loans by the corporation to lending institutions, or to the purchase of insured mortgage loans by the corporation from lending institutions, or to the insurance by the corporation of any mortgage loan with respect to residential housing, or to the exercise of any other public function or corporate power of the corporation, except as is expressly provided in this Chapter.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.100** Exemption from taxes {#sec-40-600.100 omnilex-key=us-la-statutes--rs-title-40--40:600.100}

A. It is hereby determined that the creation of the corporation and the carrying out of its public functions and corporate purposes is, in all respects, a public and governmental purpose for the benefit of the people of the state, and for the improvement of their health, safety, welfare, comfort, and security and that the functions and purposes are public purposes and that the corporation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Chapter.

B. The money, assets, revenues, and operations of the corporation shall be exempt from all taxation by the state or any of its political subdivisions.

C. The corporation shall not be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf.

D. All bonds authorized to be issued by the corporation pursuant to the provisions of this Chapter, together with interest thereon, income therefrom, and gain upon the sale thereof shall be exempt from all state and local taxes.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.101** Covenant of state {#sec-40-600.101 omnilex-key=us-la-statutes--rs-title-40--40:600.101}

In consideration of the acceptance of and payment for the bonds of the corporation by the holders thereof, the state does hereby pledge to and agree with the holders of any bonds of the corporation issued pursuant to the provisions of this Chapter, that the state will not impair, limit, or alter the rights hereby vested in the corporation to fulfill the terms of any agreements made with the holders of the bonds of the corporation, or in any way impair the rights or remedies of such holders thereof, until such bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of bonds of the corporation.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.102** Trust funds {#sec-40-600.102 omnilex-key=us-la-statutes--rs-title-40--40:600.102}

All monies received by the corporation pursuant to the provisions of this Chapter shall be deemed to be trust funds, to be held and applied solely to or for the public functions and corporate purposes of the corporation.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.103** Bonds as legal investment and security for public deposits {#sec-40-600.103 omnilex-key=us-la-statutes--rs-title-40--40:600.103}

A. The state and all public officers, any parish or municipality, or other subdivision or instrumentality of the state, any bank, banker, trust company, savings bank and institution, building and loan association, savings and loan association, investment company or any person carrying on a banking or investment business, any insurance company or business, insurance associations and any person carrying on an insurance business, and any executor, administrator, curator, trustee, and other fiduciary, and retirement system or pension fund may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds issued by the corporation pursuant to the provisions of this Chapter, and such bonds shall be authorized security for all public deposits.

B. It is the purpose of this Section to authorize such persons, firms, corporations, associations, political subdivisions and officers, or other entities, public or private, to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds of the corporation, and that any such bonds shall be authorized security for all public deposits. However, nothing contained in this Section with regard to legal investments or security for public deposits shall be construed as relieving any such person, firm or corporation, or other entity from any duty of exercising reasonable care in selecting securities.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.104** Accounts and audits {#sec-40-600.104 omnilex-key=us-la-statutes--rs-title-40--40:600.104}

A. Subject to the provisions of any contract with the holders of its bonds, the corporation shall establish a system of accounts.

B. The legislative auditor shall prepare an annual audit of the accounts and operations of the corporation.

C. The corporation shall submit to the governor and to both houses of the legislature an annual report on the operations of the corporation. It also shall submit to them a copy of the report of every audit of the books and accounts of the corporation, within sixty days from the receipt thereof by the corporation.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.105** Cooperation of state agencies {#sec-40-600.105 omnilex-key=us-la-statutes--rs-title-40--40:600.105}

All state officers and agencies are authorized to render such services to the corporation within their respective functions as may be requested by the corporation.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.106** Suits to determine validity of bonds {#sec-40-600.106 omnilex-key=us-la-statutes--rs-title-40--40:600.106}

Any suit to determine the validity of bonds of the corporation shall be brought only in accordance with R.S. 13:5121 et seq.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.107** State appropriations or grants {#sec-40-600.107 omnilex-key=us-la-statutes--rs-title-40--40:600.107}

The state may make grants or appropriations of money or property to the corporation for the purpose of enabling it to carry out its public functions and corporate purposes.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.108** Termination of corporation {#sec-40-600.108 omnilex-key=us-la-statutes--rs-title-40--40:600.108}

A. The corporation and its corporate and public existence shall continue until terminated by law, provided that no such law shall take effect so long as the corporation shall have bonds outstanding, unless adequate provision has been made for the payment thereof.

B. Upon termination of the existence of the corporation, all of its rights, money, assets, and revenues in excess of its obligations shall pass to and be vested in the state.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.109** Construction of Chapter {#sec-40-600.109 omnilex-key=us-la-statutes--rs-title-40--40:600.109}

This Chapter, being necessary for the welfare of the state and its residents, shall be liberally construed to effect the purposes thereof.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

##### **§ 40:600.110** Fees {#sec-40-600.110 omnilex-key=us-la-statutes--rs-title-40--40:600.110}

The corporation shall, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., promulgate the schedule of fees to be charged by the corporation in connection with the programs administered by it. Such schedule shall be submitted to and subject to approval of the Joint Legislative Committee on the Budget.

*Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2014, No. 538, §1.*

##### **§ 40:600.111** Mortgage foreclosure counseling {#sec-40-600.111 omnilex-key=us-la-statutes--rs-title-40--40:600.111}

A.(1) The corporation may establish a program to provide free mortgage foreclosure counseling and education to homeowners who have defaulted or are in danger of defaulting on the mortgages on their homes.

(2) If the corporation establishes such a program, the corporation may work with the office of financial institutions and the office of financial institutions shall cooperate with the corporation to effectuate the purposes of this Section.

(3) The corporation may enter into an agreement with any public, private, or nonprofit entity to carry out any part of the mortgage foreclosure counseling and education program.

(4) The program may include a central toll-free telephone number that homeowners may call to receive mortgage foreclosure counseling and education.

(5) The corporation may award grants for the training of counselors who will provide mortgage foreclosure counseling and education from funds appropriated by the legislature for that purpose or any other funding available for that purpose.

(6) The corporation may establish standards for the certification of counselors who will provide mortgage foreclosure counseling and education.

B. The program shall be funded through self-generated funds of the corporation; however, the corporation may solicit contributions and grants from the private sector, nonprofit entities, and the federal government to assist in carrying out the purposes of this Section.

C. The corporation shall annually submit a report to the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce on the operation of the mortgage foreclosure counseling and education program and shall include a summary of the mortgage foreclosure rates and trends in the state of Louisiana and the United States of America.

*Acts 2011, No. 408, §1, eff. July 5, 2011.*

### **CHAPTER 3-H** LOUISIANA INTERAGENCY COUNCIL ON HOMELESSNESS

##### **§ 40:600.151** Louisiana Interagency Council on Homelessness {#sec-40-600.151 omnilex-key=us-la-statutes--rs-title-40--40:600.151}

A. There is hereby created, within the office of the governor, the Louisiana
Interagency Council on Homelessness, referred to in this Chapter as the "council", for the
purpose of developing a statewide plan to end homelessness in Louisiana.

B. The term "homelessness" for the purpose of this Chapter shall have the same
meaning as provided in the Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009, 42 U.S.C. 11302.

C. The duties and responsibilities of the council shall include but are not limited to
the following:

(1) To develop a statewide plan to end homelessness, which shall include and
address the following:

(a) Identification and analysis of the particular challenges and barriers that cause
people in Louisiana to become at risk of homelessness, to experience homelessness, and to
be unable to return to housing.

(b) Assessment of factors that contribute to episodes and rates of homelessness at the
individual, community, and state levels.

(c) Proposed actions and policies to address the challenges, barriers, and factors that
contribute to homelessness.

(2) To advise the governor, legislature, and local governments as appropriate on the
causes of homelessness in Louisiana.

(3) To submit an annual written report to the governor and the legislature regarding
the statewide plan to end homelessness.

D.(1) The membership of the council shall be reflective of all geographic regions of
the state and shall be comprised of the following members:

(a) The commissioner of administration or his designee.

(b) The executive director of the Louisiana Housing Corporation or his designee.

(c) The secretary of the Department of Children and Family Services or his designee.

(d) The state superintendent of education or his designee.

(e) The secretary of the Department of Public Safety and Corrections or his designee.

(f) The secretary of the Louisiana Department of Health or his designee.

(g) The secretary of the Department of Veterans Affairs or his designee.

(h) One representative from each of the federally recognized continuum of care to
end homelessness programs located in Louisiana appointed by the governing board of each
continuum of care.

(i) The executive director of the Louisiana Services Network Data Consortium or his
designee.

(j) The executive director of the Louisiana Coalition Against Domestic Violence or
his designee.

(k) The president of the Louisiana Occupational Therapist Association board of
directors or his designee.

(l)(i) The chairmen of the Senate and House committees on health and welfare shall
appoint six members. Three members shall be appointed by the Senate chairman and three
members shall be appointed by the House chairman. The members shall be appointed from
a list of nominations submitted jointly by the governing boards of the continuums of care
located in Louisiana.

(ii) Each person appointed pursuant to this Subparagraph shall have at least five
years of academic or professional expertise in housing or services for people experiencing
homelessness with a focus in one or more of the following areas:

(aa) Street outreach.

(bb) Diversion, rapid resolution, or homeless prevention services.

(cc) Emergency shelter.

(dd) Transitional housing.

(ee) Rapid rehousing.

(ff) Permanent supportive housing.

(gg) Behavioral health or substance abuse disorders.

(hh) Homelessness as it relates to actual or perceived sexual orientation, gender
identity, or marital status.

(ii) Racial or ethnic disparities in homelessness.

(jj) Veterans homelessness.

(kk) Youth homelessness.

(ll) Chronic homelessness.

(mm) Domestic violence.

(m) The executive director of the Louisiana Housing Corporation shall appoint at
least two members with lived experience of homelessness. The members shall be appointed
from a list of nominations submitted jointly by the governing boards of the continuums of
care located in Louisiana. Each member appointed pursuant to this Subparagraph shall
represent as many of the following subpopulations as possible:

(i) Youth aged twenty-four or under.

(ii) Veterans.

(iii) People experiencing or who experienced chronic homelessness.

(iv) People with differing actual or perceived sexual orientation, gender identity, or
marital status.

(v) Survivors of domestic violence.

(2) Appointed members shall serve two-year terms. Members are eligible for
reappointment. Any designee shall serve at the pleasure of the designating authority.

(3) Members appointed pursuant to Subparagraphs (1)(l) and (m) of this Subsection
shall receive a per diem for attendance at council meetings. The per diem shall be paid by
the Louisiana Housing Corporation.

(4) The council shall elect a chairman and officers from its membership.

(5) The council shall meet at regularly scheduled intervals and at the call of the
chairman.

E. The Louisiana Housing Corporation shall provide support for the council,
including staff, facilities, and resources to facilitate remote participation in meetings to the
extent authorized by law.

*Acts 2023, No. 314, §2.*

### **CHAPTER 4** FOOD AND DRUGS

#### **PART I** ADULTERATION, SUBSTITUTION, MISBRANDING, OR FALSE ADVERTISING

##### **§ 40:601** Title {#sec-40-601 omnilex-key=us-la-statutes--rs-title-40--40:601}

This Part may be cited as the "State Food, Drug, and Cosmetic Law."

##### **§ 40:602** Definition of terms {#sec-40-602 omnilex-key=us-la-statutes--rs-title-40--40:602}

As used in this Part, unless the context otherwise indicates, the
following terms shall have the meaning ascribed to them in this Section:

(1) "Advertisement" includes all representations of fact or opinion
disseminated to the public in any manner or by any means other than by the
labeling.

(2) "Cosmetic" includes all substances and preparations intended for
cleansing, altering the appearance of, or promoting the attractiveness of a
person. The term includes soaps only when medicinal or curative qualities are
claimed by the use thereof.

(3) "Department" means the Louisiana Department of Health and
"secretary" means the secretary thereof.

(4) "Device" includes all devices intended for use in diagnosis,
treatment, or prevention of disease in man or beast, or intended to affect the
structure of any function of the body.

(5) "Drug" includes all substances and preparations recognized in the
official compendium, as herein defined. It includes all substances and
preparations intended for use in the diagnosis, treatment, or prevention of
disease in man or beast, and all substances and preparations, other than food
and cosmetics, intended to affect the structure or any function of the body.

(6) "Food" includes all substances and preparations used for or entering
into the composition of food, drink, confectionery, chewing gum, or condiment
for man or beast.

(7) "Label" means the principal display or displays of written, printed,
or graphic matter upon any food, drug, device, or cosmetic, or the immediate
container thereof, or upon the outside container or wrapper, if any, of the retail
package of any food, drug, device, or cosmetic.

(8) "Labeling" includes all labels and other written, printed, and
graphic matter, in any form whatsoever, accompanying any food, drug, device,
or cosmetic.

(9) "Medical opinion" means the opinion, within their respective fields,
of the practitioners of any branch of the medical profession, the practice of
which is licensed by law in this state.

(10) "Medical profession" means the legalized profession of the
healing art.

(11) "Official compendium" means the United States Pharmacopoeia,
Homeopathic Pharmacopoeia of the United States, National Formulary, or any
supplement of any of them, official at the time any drug, to which the
provisions thereof relate, is introduced into commerce.

(12) "Scientific opinion" means the opinion, within their respective
fields, of competent pharmacologists, physiologists, or toxicologists.

*Amended by Acts 1978, No. 786 §5, eff. July 17, 1978.*

##### **§ 40:603** Liability of persons {#sec-40-603 omnilex-key=us-la-statutes--rs-title-40--40:603}

When construing and enforcing the provisions of this Part, unless otherwise provided, the act or omission of any officer, employee, or agent acting for or employed by any person, within the scope of employment or office, shall in every case be considered the act or omission of such person, as well as that of the officer, employee, or agent.

Whenever a corporation or association violates any of the provisions of this Part, unless otherwise provided, the violation shall also be considered a violation by the individual directors, officers or agents of the corporation or association who personally ordered or did any of the acts constituting the violation, in whole or in part.

##### **§ 40:604** Regulations {#sec-40-604 omnilex-key=us-la-statutes--rs-title-40--40:604}

The authority to promulgate regulations for the efficient enforcement
of this Part is vested in the secretary of the Louisiana Department of Health.

*Amended by Acts 1978 No. 786, §5, eff. July 17, 1978.*

##### **§ 40:605** Examinations, investigations, and hearings conducted by board or agent {#sec-40-605 omnilex-key=us-la-statutes--rs-title-40--40:605}

The department, or any designated officer or employee thereof, may conduct examinations and investigations for purposes of this Part.

Hearings authorized or required by this Part shall be conducted by the department or the officer or employee designated by it for the purpose.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:606** Court review of regulations and administrative actions; injunctions {#sec-40-606 omnilex-key=us-la-statutes--rs-title-40--40:606}

On the petition of any interested person, the district courts may:

(1) Restrain by injunction, temporary or permanent, the enforcement by an officer, representative, or employee of the department of any regulation promulgated by it under the provisions of this Part if it is shown that the regulation is unreasonable, arbitrary, or capricious, or not in accordance with the facts or law, and that the petitioner may suffer substantial damage by reason of its enforcement; and

(2) Grant appropriate injunctive relief from any act or omission of any officer, representative, or employee of the department in the administration of this Part, if it has been shown that the act or omission is unreasonable, arbitrary or capricious, or not in accordance with the facts or law and that petitioner may suffer substantial damage thereby.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:607** Adulterated food {#sec-40-607 omnilex-key=us-la-statutes--rs-title-40--40:607}

A. A food is considered adulterated if it has been found to be such by any department of the United States government, or:

(1) If it contains any poisonous or deleterious substances, added or otherwise, which may render it dangerous to health; or any added poisonous or deleterious substance which is prohibited by R.S. 40:611 or which is in excess of the limits of tolerance prescribed by regulations of the department.

(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food.

(3) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(4) If it is the product of a diseased animal or of an animal which has died otherwise than by slaughter.

(5) If its container is composed of any poisonous or deleterious substance which may render the contents injurious to health.

(6) If any valuable constituent has been in whole or in part abstracted therefrom.

(7) If any substance has been substituted wholly or in part therefor.

(8) If damage or inferiority has been concealed in any manner.

(9) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, reduce its quality or strength, or create a deceptive appearance.

(10) If it contains a coal-tar color other than one from a batch that has been certified in accordance with regulations of the department.

(11) If it is confectionery or ice cream and it contains any alcohol, resinous glaze, or nonnutritive substance, except harmless coloring, harmless resinous glaze, harmless flavoring, natural gum, and pectin; provided, that this Paragraph shall not apply to any confectionery by reason of its containing less than ten percent by volume of alcohol or to any chewing gum by reason of its containing harmless nonnutritive masticatory substance.

B. The department shall promulgate sanitary regulations for implementing the provisions in Paragraphs (2) and (3) of this Section.

C. For the first charge and finding thereunder the person shall be given a notice and hearing and a notice to correct the unsanitary conditions or the unsanitary food complained of. This notice and order does not prohibit the seizure of food dangerous to health as provided in this Part.

D. For purposes of this Section:

(1) Anyone who sells confectionery that contains more than one-half of one percent alcohol rendered unfit for beverage purposes to a person who is under the legal age for purchasing alcoholic beverages shall be fined not more than three hundred dollars or imprisoned for not more than six months, or both.

(2) Any confectionery manufactured in this state that contains more than one-half of one percent alcohol rendered unfit for beverage purposes shall bear a label containing the statement: "Sale of this product to persons under the legal age for purchasing alcoholic beverages is unlawful." A person who violates the provisions of this Paragraph shall be fined not more than three hundred dollars or imprisoned for not more than six months, or both.

(3) No confectionery containing more than one-half of one percent alcohol rendered unfit for beverage purposes shall be sold in this state unless the product bears a label that meets the requirements of Paragraph (2) of this Subsection or a sign containing the statement: "Sale of confectionery containing more than one-half of one percent alcohol to persons under the legal age for purchasing alcoholic beverages is unlawful" is displayed at the place where the product is sold or offered for sale. A person who violates the provisions of this Paragraph shall be fined not more than three hundred dollars or imprisoned for not more than six months, or both.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 654, §1.*

##### **§ 40:608** Misbranded food {#sec-40-608 omnilex-key=us-la-statutes--rs-title-40--40:608}

A food is considered to be misbranded if it has been found to be such by any department of the United States government, or:

(1) If its labeling is false or misleading in any particular.

(2) If it is offered for sale under the name of another food.

(3) If it is an imitation of another food and its label fails to bear, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated.

(4) If its container is so made, formed, or filled as to mislead the purchaser.

(5) If it is in package form and does not bear a label containing (a) the name and place of business of the manufacturer, packer, distributor, or seller; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. For the purposes of Subparagraph (b) of this Paragraph, reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations of the department.

(6) If any word, statement, or other information required on the label under any provision of this Part is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by purchasers and users of the articles under customary conditions of purchase and use. Due consideration shall be given to the size of the package.

(7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations of the department and (a) it does not conform to the definition and standard, (b) its label does not bear the name of the food prescribed in the definition and standard, or (c) when the definition and standard permits optional ingredients other than spices, flavors, and coloring, its label does not bear the common names of the optional ingredients present in it, if those names are required by the regulations.

(8) If it purports to be or is represented as a food for which a standard of quality or fill of container has been prescribed by regulations of the department and its quality or fill falls below that standard and its label fails to bear a statement, in the manner specified in the regulations, showing that it falls below the standard.

(9) If it is not subject to the provisions of Paragraph (7) of this Section and its label fails to bear (a) the common or usual name of the food, if any, and, (b) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient. Spices, flavors, coloring, other than those sold as such, may be designated as spices, flavors, and colorings without naming each. To the extent that compliance with the requirements of Subparagraph (b) of this Paragraph is impracticable because of variations in ingredients usual to good manufacturing or packing practice or is impracticable for any other reason, exemptions shall be established by regulations promulgated by the department. Subparagraph (b) of this Paragraph does not apply to any proprietary food the ingredients of which have been fully and correctly disclosed to the department if compliance with the Subparagraph would give competitors information they could not otherwise obtain.

The department shall establish regulations for implementing the provisions of this Paragraph and publish from time to time the list of ingredients required herein to be declared on the label. However, these lists shall be within the class of ingredients required to be declared on the label under this Paragraph.

(10) If it purports to be or is represented as being for special dietary uses, such as by infants or invalids or for other special nutritional requirements, and its label fails to bear statements concerning its vitamin, mineral, and other dietary properties which fully inform the purchaser as to its nutritional value.

The department shall establish regulations for implementing the provisions of this Paragraph, including administrative regulations covering vitamin, mineral, and other dietary properties. These regulations shall be established in cooperation with the United States Public Health Service, with a view particularly to the work of that service connected with pellagra and other dietary diseases and the feeding of children, so that the inspection to determine correct labeling shall fully conform to the work of the public health service, as far as that work goes.

(11) If it bears or contains any artificial flavor, artificial color, or chemical preservative and it fails to bear a label stating that fact.

(12) If bottled water to be sold in the state for human consumption, is not labeled to indicate the source of the water, the methods used to treat the contents to reduce or eliminate impurities, and the chemical names and concentrations of any preservatives or additives.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1982, No. 608, §1.*

##### **§ 40:608.1** Mislabeling of honey {#sec-40-608.1 omnilex-key=us-la-statutes--rs-title-40--40:608.1}

A. It is unlawful for any person to package any product and label the product as
honey or to use the word honey in any prominent location on the label of such product or to
sell or offer for sale any product which is labeled as honey or which contains a label with the
word honey prominently displayed thereon, unless such product is pure honey manufactured
by honeybees.

B. Any person violating the provisions of this Section shall be guilty of a
misdemeanor and upon conviction shall be fined not less than fifty dollars nor more than five
hundred dollars and each such violation shall constitute a separate offense.

*Added by Acts 1974, No. 143, §1; Acts 2018, No. 206, §4.*

##### **§ 40:608.2** Unlawful practices in sale of kosher food; penalty {#sec-40-608.2 omnilex-key=us-la-statutes--rs-title-40--40:608.2}

A. It shall be unlawful for any person to:

(1) Sell or expose for sale with intent to defraud in any place where food products are sold for consumption either on or off the premises, any article of food falsely represented as kosher, either by direct statements, orally or in writing, or by the display of the word kosher in English or Hebrew letters, or by the display of any sign or mark in simulation of such word, or by display of any insignia, six pointed star, or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that the food exposed for sale is kosher, or prepared in accordance with orthodox Hebrew religious requirements; or

(2) Sell or expose for sale with intent to defraud any meat or meat preparations and falsely represent the same to be kosher, with intent to defraud, whether such meat or meat preparations be raw or prepared for human consumption, or as having been prepared under and a product or products sanctioned by the orthodox Hebrew religious requirements; or

(3) Falsely represent with intent to defraud any food product or the contents of any package or container to be so constituted and prepared, by having or permitting to be inscribed thereon the word kosher in any language.

B. The word kosher as used in Subsection A of this Section shall mean in conformity with orthodox Jewish religious requirements.

C. Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars and each such violation shall constitute a separate offense.

*Added by Acts 1977, No. 722, §1.*

##### **§ 40:608.3** Repealed by Acts 2012, No. 222, §1. {#sec-40-608.3 omnilex-key=us-la-statutes--rs-title-40--40:608.3}

*Repealed by Acts 2012, No. 222, §1.*

##### **§ 40:609** Exemption from labeling requirements {#sec-40-609 omnilex-key=us-la-statutes--rs-title-40--40:609}

The department may promulgate regulations exempting from any labeling requirement of this Part small open containers of fresh fruits and fresh vegetables and also food which is, in accordance with the practice of the trade, processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that the food is in conformity with the provisions of this Part upon removal from the processing, labeling, or repacking establishment.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:610** Definitions and standards for food {#sec-40-610 omnilex-key=us-la-statutes--rs-title-40--40:610}

The department may promulgate regulations fixing and establishing for any food a definition and standard of identity and a reasonable standard of quality or fill of container. However, no standard of quality shall be established for fresh fruit and fresh vegetables and no standard of identity for fresh apples and fresh pears. In any regulation pertaining to fill of container the department shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to the need for the necessary packing and protective material.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:611** Tolerance for poisonous ingredients in food and certification of coal-tar colors for food {#sec-40-611 omnilex-key=us-la-statutes--rs-title-40--40:611}

A. No poisonous or deleterious substance shall be added to any food unless it is required in the production of the food or cannot be avoided by good manufacturing practice. When such a substance is required or cannot be avoided, the department may, for the protection of public health, promulgate regulations limiting the quantity therein or thereon.

In determining the quantity of added substance to be tolerated in or on different articles of food, the department shall take into account the extent to which the use of this substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.

B. The department may promulgate regulations for the certification of coal-tar colors which are harmless and suitable for use in food.

This certificate shall contain the physiological factors tested and give notice that only those factors have been tested.

No person shall use this certificate in the label or advertising of any food.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:612** Contaminated food; permit control {#sec-40-612 omnilex-key=us-la-statutes--rs-title-40--40:612}

Whenever the department finds, after investigation, that the distribution of any class of food may, by reason of contamination with microorganism during the manufacture, processing, or packing thereof, is injurious to health, and such injurious nature cannot be adequately determined after the articles have entered state commerce, it may then, and in that case only, promulgate regulations, governing the conditions of manufacture, processing, or packing for such temporary periods of time as may be necessary to protect the public health. Thereafter, no manufacturer, processor, or packer of that class of articles shall introduce into state commerce any such food unless he holds an unsuspended, valid permit issued by the department as provided by the regulations.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:613** Regulations governing issuance and renewal of permit {#sec-40-613 omnilex-key=us-la-statutes--rs-title-40--40:613}

The department shall make regulations prescribing the time for which the permits are issued and governing the issuance and renewal thereof.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:614** Suspension of permit; reinstatement {#sec-40-614 omnilex-key=us-la-statutes--rs-title-40--40:614}

Upon notice to the permittee, the secretary of the department may suspend immediately any permit issued under authority of R.S. 40:612 if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended may apply at any time for its reinstatement. After a prompt hearing and an inspection of the establishment, the department shall immediately reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:615** Inspection of permittee's establishment; denial of access {#sec-40-615 omnilex-key=us-la-statutes--rs-title-40--40:615}

Any officer or employee duly designated by the department has access to any factory or establishment, the operator of which holds a permit from the department, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for this inspection is grounds for suspension of the permit until the access is freely given by the operator.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:616** Adulterated drugs {#sec-40-616 omnilex-key=us-la-statutes--rs-title-40--40:616}

A drug is considered adulterated if it has been found to be such by any department of the United States government, or:

(1) If it consists in whole or in part of any filthy, putrid, or decomposed substance.

(2) If it has been prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health.

(3) If its container is composed of any poisonous or deleterious substance which may render it injurious to health.

(4) If it contains, for purposes of coloring only, a coal-tar color other than one from a batch that has been certified in accordance with department regulations.

(5) If its name is recognized in the official compendium, or if it purports to be a drug the name of which is so recognized, and it differs from the standard of strength, quality, or purity as determined by the tests or methods of assay set forth in the official compendium or in the regulations of the department, unless its standard of strength, quality, or purity is plainly stated on its label.

However, no such department regulation shall be adopted unless tests or methods of assay have not been prescribed in the official compendium or the tests or methods of assay prescribed therein are insufficient and, after due notice by the department of that fact, the official body in charge of the revision of the compendium has not corrected the deficiency.

(6) If it is not subject to the provisions of paragraph (5) of this Section and its identity or strength differs from or its purity or quality falls below that which it purports or is represented to possess.

(7) If any substance has been mixed or packed therewith so as to reduce its quality or strength or substituted wholly or in part therefor.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:617** Misbranded drugs and devices {#sec-40-617 omnilex-key=us-la-statutes--rs-title-40--40:617}

A. A drug or device is considered misbranded if it has been found to be such by any department of the United States government, or:

(1) If its labeling is false or misleading in any particular. Any representation concerning any effect of a drug or device is considered false for purposes of this Paragraph if the representation is not supported by demonstrable scientific facts or substantial and reliable medical or scientific opinion.

(2) If it is dangerous to health under the conditions of use prescribed in the labeling or advertising thereof.

(3) If it is in package form and it does not bear a label containing: (a) the name and place of business of the manufacturer, packer, seller, or distributor; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Under Subparagraph (b) of this Paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the department where compliance with the provisions would be impracticable.

(3.1) If it is a prescription drug bearing the following words "Caution: Federal law prohibits dispensing without a prescription", and (a) the manufacturer, packager, seller, or distributor of any prescription drug sold, delivered, or offered for sale in the state of Louisiana after January 1, 1976, does not have printed on the label on the immediate container of the drug the name and place of business of the manufacturer and, if different, the name and place of business of the packer or distributor of the final dosage form of the drug; and (b) the manufacturer, packager, seller, or distributor does not have printed on the label on the final dosage form an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Under Subparagraph (b) of this Paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the department where compliance with the provisions would be impracticable. Wholesalers or jobbers who sell prescription drugs only to retailers or institutions shall be exempt from the provisions of this Paragraph. However, nothing contained in the provisions of this Paragraph shall affect the labeling requirements of a prescription label placed on a container by a pharmacist in the process of dispensing a prescription drug.

(3.2) If it contains any quantity of amyl nitrite, isopentyl nitrite or any of their isomers, or butyl nitrite, n-butyl nitrite, isobutyl nitrite or any of their isomers, and is not labeled "Caution: Louisiana Law prohibits dispensing without a prescription" and its sale is not restricted to the prescription of a physician, except that amyl nitrite may be labeled in accordance with labeling requirements of the Federal Food, Drug and Cosmetic Law.

(4) If any information required on the label under any provision of this Part is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by purchasers and users of the articles under customary conditions of purchase and use. Due consideration shall be given to the size of the package.

(5) If it is for use by man and contains any quantity of any of the following narcotic or hypnotic substances and, except when dispensed on the written order of a member of the medical profession, its label fails to bear the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement "Warning--May be Habit Forming": Alpha eucaine, barbituric acid, beta eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, sulphomethane, or any substance chemically derived therefrom, except derivatives of coca leaves which do not contain cocaine, ecgonine (or substances from which cocaine or ecgonine may be synthesized or made) or any other narcotic or hypnotic substance designated as habit forming by regulations of the department, unless the derivative is clearly not habit forming.

(6) If it is a drug and is not designated solely by a name recognized by an official compendium or if its label has been disapproved by the United States government or the department.

(7) If its name is recognized in an official compendium, or if it purports to be a drug the name of which is so recognized, and it is not packaged and labeled as prescribed therein.

(8) If it is a drug liable to deterioration and is not packaged in the form or manner required by department regulations for the protection of public health or its label does not bear a statement of those precautions.

No such regulation shall be established for any drug recognized in the official compendium until the department shall have informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements and that body shall have failed within a reasonable time to prescribe those requirements.

(9) If it is a drug and its container is so made, formed, or filled as to mislead the purchaser.

(10) If it is a drug and it is an imitation of another drug.

(11) If it is a drug and it is offered for sale under the name of another drug.

B. When construing and enforcing the provisions of this Part with respect to labeling and advertisements, the term "antiseptic" has the same meaning as the word "germicide", except, however, in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or for such other use as involves prolonged contact with the body.

*Amended by Acts 1975, No. 524, §1; Acts 1978, No. 140, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:617.1** Repealed by Acts 2011, No. 100, §2 {#sec-40-617.1 omnilex-key=us-la-statutes--rs-title-40--40:617.1}

*Repealed by Acts 2011, No. 100, §2*

##### **§ 40:618** Drugs recognized in compendiums {#sec-40-618 omnilex-key=us-la-statutes--rs-title-40--40:618}

Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia for purposes of this Part unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia.

##### **§ 40:619** Certain drugs and devices excepted from labeling and packaging provisions {#sec-40-619 omnilex-key=us-la-statutes--rs-title-40--40:619}

The department shall promulgate regulations exempting from any labeling or packaging requirement of this Part drugs and devices which are, in accordance with the practice of the trade, processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that these drugs and devices are in conformity with the provisions of this Part upon removal from the processing, labeling, or repacking establishment.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:620** Certification of coal-tar colors for drugs {#sec-40-620 omnilex-key=us-la-statutes--rs-title-40--40:620}

The department may promulgate regulations for the certification of coal-tar colors which are harmless and suitable for use in drugs for purposes of coloring only.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:621** Adulterated cosmetics {#sec-40-621 omnilex-key=us-la-statutes--rs-title-40--40:621}

A cosmetic is considered adulterated if it has been found to be such by any department of the United States government, or:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health under such conditions of use as are customary or usual.

(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance.

(3) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(4) If its container is composed of any poisonous or deleterious substance which may render it injurious to health.

(5) If it contains a coal-tar color other than one from a batch that has been certified in accordance with regulations of the department.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:622** Misbranded cosmetics {#sec-40-622 omnilex-key=us-la-statutes--rs-title-40--40:622}

A cosmetic is considered misbranded if it has been found to be such by any department of the United States government, or:

(1) If its labeling is false or misleading in any particular or if it is injurious to health under the conditions of use prescribed in the labeling or advertising thereof.

(2) If it is in package form and it does not bear a label containing: (a) the name and place of business of the manufacturer, packer, seller, or distributor; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. However, under Subparagraph (b) of this Paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the department where compliance with that provision would be impracticable.

(3) If any word, statement, or other information required on the label under any provision of this Part is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by the purchasers and users of the articles under customary conditions of purchase and use. Due consideration shall be given to the size of the package.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:623** Certain cosmetics excepted from labeling requirements {#sec-40-623 omnilex-key=us-la-statutes--rs-title-40--40:623}

The department may promulgate regulations excepting from any labeling requirements of this Part cosmetics which are, in accordance with the practice of the trade, processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that these cosmetics are in conformity with the provisions of this Part upon removal from the processing, labeling, or repacking establishment.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:624** Certification of coal-tar colors for cosmetics {#sec-40-624 omnilex-key=us-la-statutes--rs-title-40--40:624}

The department may promulgate regulations for the certification of coal-tar colors which are harmless and suitable for use in cosmetics.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:625** False advertisement {#sec-40-625 omnilex-key=us-la-statutes--rs-title-40--40:625}

A. An advertisement of a food, drug, device, or cosmetic is false if it is false or
misleading in any particular regarding the food, drug, device, or cosmetic. Any
representation concerning any effect of a drug or device is false under this Subsection if it
is not supported by demonstrable scientific facts or substantial and reliable medical or
scientific opinion.

B. Except as provided below, the advertisement of a drug or device representing it
to have any therapeutic effect in the treatment of Bright's disease, cancer, tuberculosis,
poliomyelitis, venereal disease, heart and vascular diseases, or any other diseases for which
no known therapeutic effect has been fully established is false. No advertisement not in
violation of Subsection A of this Section shall be considered false under this Subsection, if
it is disseminated only to members of the medical and pharmaceutical professions or appears
only in the scientific periodicals of these professions, or if it is disseminated only for the
purpose of public health education by persons not commercially interested, directly or
indirectly, in the sale of the drugs or devices.

C. Except as provided in R.S. 40:626, it is unlawful for any person to disseminate
false advertisement by any means for the purposes of inducing, directly or indirectly, the
purchase of food, drugs, devices, or cosmetics.

*Acts 2018, No. 206, §4.*

##### **§ 40:626** Exceptions as to false advertising by agencies {#sec-40-626 omnilex-key=us-la-statutes--rs-title-40--40:626}

Publishers, radio broadcast licensees, television broadcast licensees, advertising agencies, and other agencies or mediums for dissemination of advertising do not violate the provisions of R.S. 40:625(C) by the dissemination of any false advertisement when the dissemination is caused by the manufacturer, packer, distributor, or seller who resides in Louisiana. However, the manufacturer, packer, distributor, or seller is amenable to the prosecution and penalties provided for the violations of that Subsection. No publisher, radio broadcast licensee, television broadcast licensee, advertising agency, or other agency or medium for the dissemination of advertising shall willfully refuse, on reasonable request of an officer or employee duly designated by the department, to furnish to the officer or employee the name and post office address of the manufacturer, packer, distributor, or seller, residing in Louisiana, who caused him to disseminate any such advertisement.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:627** Registration of certain products {#sec-40-627 omnilex-key=us-la-statutes--rs-title-40--40:627}

A. Except as provided in Subsection E of this Section, the department may require
all manufacturers, packers, or proprietors of processed foods, proprietary or patent medicines,
prophylactic devices, and cosmetics, in package form, to register each separate and distinct
product annually with the department and to supply it with a sample of each such product
upon request.

B. The submission of a catalog and specimens of labels shall be required at the time
of application for registration of products produced, packaged, and prepared in compliance
with the requirements of the Federal Food, Drug, and Cosmetic Act, which will constitute
satisfactory compliance for registration of the products. With respect to all other products,
submission of a catalog and specimens of labels shall be required at the time of application
for registration, but registration will not become effective until examination and approval of
the label or product by the department. This approval shall be by written notification to the
manufacturer, packer, or processor.

C. No manufacturer, packer, or proprietor shall sell any product which he has failed
to register in conformity with this Section. Such failure also subjects the product to seizure
and condemnation as provided by R.S. 40:632 through R.S. 634.

D. The department shall assess each manufacturer, packer, or proprietor a penalty
of ten dollars for failure to register each separate and distinct product annually as provided
in this Section. The penalty assessed shall be in addition to the examination and
investigation charge assessed as provided in R.S. 40:628(B). Each failure to register a
separate and distinct product shall constitute a separate violation. However, no
manufacturer, packer, or proprietor shall be assessed more than one hundred dollars in any
calendar year. The department shall promulgate rules and regulations to provide for
assessment and collection of the penalty provided in this Subsection.

E. This Section shall not apply to alcoholic beverages. For the purposes of this
Section, "alcoholic beverages" has the same meaning as assigned in R.S. 26:2 and 241.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1983, 1st Ex. Sess., No. 10, §1, eff. Jan. 19, 1983; Acts 1985, No. 344, §1, eff. Feb. 1, 1986; Acts 2015, No. 393, §2.*

##### **§ 40:628** Examination and investigation fee; food and drug control fees {#sec-40-628 omnilex-key=us-la-statutes--rs-title-40--40:628}

A. All inspection, investigation, and examination fees collected by the department under the provisions of this Part shall be devoted to the expenses of inspections, examinations, and investigations conducted under the authority of this Part and for the maintenance and enforcement of the provisions of this Part.

B. The department shall charge and collect from the manufacturers, packers, or proprietors of the products referred to in R.S. 40:627 an annual examination and investigation charge of not more than twenty-seven dollars for any one separate and distinct product registered, up to a maximum of two hundred seventy dollars annually from each manufacturer, packer, or proprietor. Manufacturers, packers, or proprietors of soft drinks and nonalcoholic beverages, except nonalcoholic fruit juices, and manufacturers, packers, or proprietors of products offered for sale or sold at retail only in their own establishments are exempt from the payment of examination and investigation charges here authorized.

C. The department shall charge and collect an annual food and drug control permit fee from manufacturers, packers, and processors of foods, drugs, and cosmetics. The fee shall not apply to any plant required to have a commercial seafood permit pursuant to R.S. 40:31.35. This Section shall not apply to meat packers, meat processors, and meat warehouses, or agricultural commodities or any combination thereof, regulated by the state Department of Agriculture and Forestry. The fee shall be for each separate establishment for which a permit is required based on the annual sales of such establishment according to the following schedule:

Annual sales

Annual fee

Under $500,000

$ 175.00

$500,001 - $1,000,000

475.00

$1,000,001 - $2,500,000

775.00

$2,500,001 - $5,000,000

1,075.00

over $5,000,000

1,375.00

D. The department shall charge and collect an annual food and drug control fee of three hundred dollars from warehouses and distributors of foods, drugs, and cosmetics. The fee shall be for each separate establishment for which a permit is required.

*Amended by Acts 1954, No. 472, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1985, No. 344, §1, eff. Feb. 1, 1986; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.*

##### **§ 40:629** Records of interstate shipment {#sec-40-629 omnilex-key=us-la-statutes--rs-title-40--40:629}

A. For the purpose of enforcing the provisions of this Part, carriers engaged in interstate commerce and persons receiving food, drugs, devices, or cosmetics in interstate commerce shall, upon the request in the manner set out below of an officer or employee duly designated by the department, permit the officer or employee to have access to and to copy all records showing the movement in interstate commerce of any food, drug, device, or cosmetic, and the quantity, shipper, and consignee thereof.

B. The request provided for in this Section shall be accompanied by a definite statement in writing specifying the nature or kind of food, drug, device, or cosmetic to which it relates.

C. Evidence obtained under this Section shall not be used in criminal prosecution of the person from whom obtained.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:630** Carriers in interstate commerce; excepted from Part {#sec-40-630 omnilex-key=us-la-statutes--rs-title-40--40:630}

Carriers engaged in interstate commerce are not subject to the provisions of this Part, other than R.S. 40:629, by reason of their receipt, carriage, or delivery of food, drugs, devices, cosmetics, or advertising matter in the usual course of business as carriers.

##### **§ 40:631** Factory inspections {#sec-40-631 omnilex-key=us-la-statutes--rs-title-40--40:631}

A. In order to prevent commerce in adulterated or misbranded food, drugs, devices, or cosmetics and to safeguard the public health and prevent deceit upon the purchasing public, officers or employees duly designated by the department, after making reasonable request, may enter any factory, warehouse, or other establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held for storage or shipment in commerce or are held after such shipment, or any vehicle being used to transport food, drugs, devices, or cosmetics in commerce and inspect the factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.

B. No owner, operator, or custodian of such a place shall refuse this reasonable request, under pain of the penalties provided in this Part.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:632** Causes for seizure and condemnation of food, drugs, devices, or cosmetics {#sec-40-632 omnilex-key=us-la-statutes--rs-title-40--40:632}

Any article of food and any drug, device, or cosmetic that is adulterated, misbranded, or unregistered or which has been manufactured, processed, or packed in a factory or establishment, the operator of which did not, at the time of manufacture, processing, or packing, hold an unsuspended valid permit, if so required under R.S. 40:612, is subject to seizure and condemnation by the department or by any officer or employee it designates for that purpose.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:633** Seizure; procedure; prohibition on sale or disposal of article {#sec-40-633 omnilex-key=us-la-statutes--rs-title-40--40:633}

A. Whenever a duly authorized officer or employee of the department finds or has probable cause to believe that cause for the seizure of any food, drug, device, or cosmetic, as set out in R.S. 40:632 exists, he shall affix to the article a tag, stamp, or other appropriate marking, giving notice that the article is, or is suspected of being subject to seizure under the provisions of R.S. 40:632 and that it has been detained and seized by the department. He shall also warn all persons not to remove or dispose of the article by sale or otherwise, until permission of the department or of the court of the jurisdiction in which the article is detained or seized is given.

B. It is unlawful for any person to remove or dispose of the detained or seized article by sale or otherwise without permission of the department or of the court in such cases.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:634** Condemnation and sale; release {#sec-40-634 omnilex-key=us-la-statutes--rs-title-40--40:634}

A. When any article detained or seized pursuant to R.S. 40:633 has been found by
the department to be subject to seizure and condemnation pursuant to R.S. 40:632, the
department shall petition a court for an order of condemnation or sale, as the court may
direct. The proceeds of the sale minus the legal costs and charges shall be paid into the state
treasury to the credit of the general fund.

B. Upon the payment of the costs of the condemnation proceeding and upon the
execution and delivery of a surety bond to the effect that the goods shall not be sold or
otherwise disposed of contrary to the provisions of this Part, the department or court may
order that the goods be delivered to the owner thereof instead of being condemned or sold.

C. If the department finds that any article seized pursuant to the provisions of R.S.
40:633 was not subject to seizure pursuant to that Section, the department or the designated
officer or employee shall remove the tag or marking.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.*

##### **§ 40:635** Condemnation or destruction of perishables in certain cases {#sec-40-635 omnilex-key=us-la-statutes--rs-title-40--40:635}

A. Whenever the department or its duly authorized officer or employee finds in any
factory, establishment, structure, or vehicle of transportation any meat, seafood, poultry,
vegetables, fruit, or other perishable articles which are unsound or contain any filthy,
decomposed, or putrid substance or that may be poisonous or deleterious to health or
otherwise unsafe for human consumption, the officer or employee of the department
designated by it shall immediately condemn or destroy it or in any other manner render it
unconsumable as human food.

B. Nothing in this Title shall be construed to prohibit any duly authorized officer or
employee of the department from causing the destruction of any meat, seafood, poultry,
vegetables, fruit, or other perishable articles which are of foreign origin and are the subject
of a current import ban issued by an agency of the federal government.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2021, No. 195, §1.*

##### **§ 40:636** Other prohibited acts {#sec-40-636 omnilex-key=us-la-statutes--rs-title-40--40:636}

The following acts and the causing thereof are prohibited:

(1) The introduction or delivery for introduction into commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.

(2) The adulteration, or misbranding, of any food, drug, device, or cosmetic in commerce.

(3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof in the original unbroken package for pay or otherwise.

(4) The forging, counterfeiting, simulating, or falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this Part.

(5) The possession in any place where sales or service is made to the public of any food, drug, device or cosmetic that is adulterated or misbranded.

(6) The using by any person to his own advantage, or the revealing, other than to the department, its officers or employees, or to the courts when relevant in the trial of any case under this Part, any information acquired under authority of R.S. 40:612 through R.S. 40:615 or R.S. 40:631 concerning any method or process which, as a trade secret, is entitled to protection.

*Amended by Acts 1952, No. 482, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:637** Procedure for reporting violations of Part {#sec-40-637 omnilex-key=us-la-statutes--rs-title-40--40:637}

A. Before reporting any violation of this Part to any district attorney for institution of criminal proceedings thereunder, the department may, in accordance with regulations prescribed by it, afford appropriate notice and opportunity for hearing to interested persons upon the question of such violations. The report to the district attorney when such hearings are held shall be accompanied by findings of the appropriate officers and employees.

B. The department need not report for prosecution minor violations of this Part when the purposes of the Part can best be accomplished by a suitable written notice or warning.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1985, No. 346, §1, eff. July 9, 1985.*

##### **§ 40:638** Duties of district attorney {#sec-40-638 omnilex-key=us-la-statutes--rs-title-40--40:638}

Each district attorney to whom the department reports any violation for institution of criminal or injunction proceedings under this Part, or to whom any health, food, or drug officer of the state or political subdivision thereof, presents evidence satisfactory to the district attorney, of any such violation, shall institute appropriate proceedings in the proper court without delay.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:639** Penalties {#sec-40-639 omnilex-key=us-la-statutes--rs-title-40--40:639}

Except as provided in R.S. 40:971.3, whoever violates any provision of this Part
shall be fined, for the first offense, not more than one thousand dollars or imprisoned for not
more than one year, or both. For the second or subsequent offense, he shall be fined not more
than three thousand dollars or imprisoned for not more than two years, or both. But any
person who violates the provisions of R.S. 40:625(C) shall only be fined not more than one
thousand dollars for each violation if the violation does not involve gross deception or
imminent danger to health, and is established by opinion evidence only.

*Acts 2017, No. 108, §1.*

##### **§ 40:640** Dealers excepted from penalty in certain cases {#sec-40-640 omnilex-key=us-la-statutes--rs-title-40--40:640}

No dealer is subject to the penalties of R.S. 40:639:

(1) For having received any article of food, drug, device, or cosmetic and in good faith sold it as received unless he refuses to furnish on request of an officer or employee duly designated by the department the name and address of the person from whom he purchased or received the article and all documents pertaining to the delivery of the article to him, or

(2) If he established a guaranty or undertaking signed by the person residing in Louisiana from whom he received in good faith the article of food, drug, device, or cosmetic, or advertising copy thereof to the effect that the designated article is not adulterated or misbranded within the meaning of this Part and that the copy is not false. To afford protection, this guaranty or undertaking shall contain the name and address of the person furnishing it. This person shall be amenable to the prosecution and penalties which would attach in due course to the dealer under the provisions of this Part.

*Amended by Acts 1950, No. 316, §11. Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:641** Injunction proceedings {#sec-40-641 omnilex-key=us-la-statutes--rs-title-40--40:641}

A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for
cause, restrain any person by temporary or permanent injunction from the repetitious
introduction or causing to be introduced into commerce of any adulterated, misbranded, or
unregistered food, drug, device, or cosmetic; or from the dissemination or causing to be
disseminated of a false advertisement by any means for the purpose of inducing, directly or
indirectly, the purchase of food, drugs, devices, or cosmetics in commerce.

B. In these injunction proceedings it is not necessary to show an intent on the part
of the person enjoined to continue the offense.

C. Violation of any injunction issued pursuant to this Section shall be summarily
tried and punished by the court as a contempt. The contempt proceedings may be instituted
by order of the court or by the filing of an information by the district attorney and process of
the court for the arrest of the violator may be served at any place in the state.

D. No person violates any injunction issued pursuant to this Section by reason of the
dissemination, subsequent to the injunction, of the false advertisement which was the basis
of the injunction, if the dissemination was beyond the control of the person.

*Acts 2018, No. 206, §4.*

##### **§ 40:642** Repealed by Acts 2022, No. 252, §3. {#sec-40-642 omnilex-key=us-la-statutes--rs-title-40--40:642}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART I-A** FOOD SAFETY

##### **§ 40:651** Definitions {#sec-40-651 omnilex-key=us-la-statutes--rs-title-40--40:651}

As used in this Part, unless the context otherwise indicates, the following terms shall
have the following meanings ascribed to them:

(1) "Confirmed positive test result" means any result obtained from a laboratory test
of an ingredient, equipment, container, or finished product that indicates the presence of an
adulterant, as defined by R.S. 40:607 et seq., in excess of any tolerance specified in state or
federal law or regulations.

(2) "Department" means the Louisiana Department of Health.

(3) "Food processing plant" means a commercial operation that manufactures food
for human consumption and does not provide food directly to a consumer from that location.
Such term shall not include a commercial operation that produces raw agricultural
commodities and whose end product remains a raw agricultural product.

(4) "Secretary" means the secretary of the Louisiana Department of Health.

*Acts 2009, No. 341, §1, eff. July 6, 2009.*

##### **§ 40:652** Food processing plants; written food processing plan {#sec-40-652 omnilex-key=us-la-statutes--rs-title-40--40:652}

A. Beginning January 1, 2011, every food processing plant operating within the state shall maintain a written food processing plan which shall be immediately available for review by the department upon request.

B. The secretary shall promulgate rules and regulations, pursuant to the Administrative Procedure Act, establishing minimum standards and requirements for a written food processing plan. The rules and regulations shall require a food processing plan to include, but not be limited to, a description of the procedures to be used to prevent the presence of hazards such as poisonous or deleterious substances or other contaminants that would render finished foods or finished ingredients, as manufactured, injurious to the public health, a description of preventative controls, monitoring methods to ensure the effectiveness of preventative controls, records of corrective actions, and any actions taken in response to the presence of known hazards.

C. Any food processing plant which maintains a Hazard Analysis Critical Control Point Plan which meets or exceeds the criteria required for such plan by either the United States Department of Agriculture or the Food and Drug Administration shall be deemed to have satisfied the requirements of this Section.

D. Any person or firm operating a food processing plant that violates the provisions of this Section shall be subject to a civil fine of not more than five hundred dollars.

*Acts 2009, No. 341, §1, eff. July 6, 2009.*

##### **§ 40:653** Food processing plants; recall plan {#sec-40-653 omnilex-key=us-la-statutes--rs-title-40--40:653}

A. Beginning January 1, 2011, every food processing plant operating within this state shall maintain a written food recall plan which shall be immediately available for review by the department upon request.

B. The secretary shall promulgate rules and regulations, pursuant to the Administrative Procedure Act, establishing minimum standards and requirements for a written food recall plan.

C. Any person or firm operating a food processing plant that violates the provisions of this Section shall be subject to a civil fine of not more than five hundred dollars.

*Acts 2009, No. 341, §1, eff. July 6, 2009.*

##### **§ 40:654** Food processing plants; foodborne illness reporting and testing requirements {#sec-40-654 omnilex-key=us-la-statutes--rs-title-40--40:654}

A. Whenever any person or firm that operates a food processing plant in this state
obtains information from testing of samples or specimens of finished foods or finished
ingredients which indicates a confirmed positive test result, the person or firm shall report
such test results to the department within twenty-four hours of obtaining such information.

B. The state health officer may, based upon a showing of probable cause by the
department that the food processing facility is producing food which may be adulterated, as
defined in R.S. 40:607 et seq., or is processing food in a manner which may cause an
imminent menace to the public health, order the food processing facility to submit samples
to a laboratory, specified by the department, for testing at the expense of the food processing
facility. The results of such testing shall be furnished to the department.

C. Whenever any person or firm violates the provision of this Section, such person
or firm shall be subject to a civil fine of not more than one thousand dollars.

*Acts 2009, No. 341, §1, eff. July 6, 2009; Acts 2022, No. 271, §4.*

#### **PART I-B** DISCLOSURE OF HARMFUL INGREDIENTS

##### **§ 40:661** Food containing artificial colors, additives, or banned chemicals; ingredient information {#sec-40-661 omnilex-key=us-la-statutes--rs-title-40--40:661}

*A. Any food product offered for sale in this state shall be labeled by the manufacturer in accordance with the provisions of this Section if the product contains any ingredient identified in this Subsection:*

*(1) Acesulfame potassium.*

*(2) Acetylated esters of mono- and diglycerides (acetic acid ester).*

*(3) Anisole.*

*(4) Aspartame.*

*(5) Azodicarbonamide (ADA).*

*(6) Butylated hydroxyanisole (BHA).*

*(7) Butylated hydroxytoluene (BHT).*

*(8) Bleached flour.*

*(9) Blue dye 1 (CAS 3844-45-9).*

*(10) Blue dye 2 (CAS 860-22-0).*

*(11) Bromated flour.*

*(12) Calcium bromate.*

*(13) Canthaxanthin.*

*(14) Certified food colors by the United States Food and Drug Administration.*

*(15) Citrus red dye 2 (CAS 6358-53-8).*

*(16) Diacetyl.*

*(17) Dimethylamylamine (DMAA).*

*(18) Dioctyl sodium sulfosuccinate (DSS).*

*(19) Green dye 3 (CAS 2353-45-9).*

*(20) Interesterified palm oil.*

*(21) Interesterified soybean oil.*

*(22) Lactylated fatty acid esters of glycerol and propylene glycol.*

*(23) Lye.*

*(24) Morpholine.*

*(25) Olestra.*

*(26) Partially hydrogenated oil (PHO).*

*(27) Potassium aluminum sulfate.*

*(28) Potassium bromate.*

*(29) Potassium iodate.*

*(30) Propylene oxide.*

*(31) Propylparaben.*

*(32) Red dye 3 (CAS 16423-68-0).*

*(33) Red dye 4 (CAS 4548-53-2).*

*(34) Red dye 40 (CAS 25956-17-6).*

*(35) Sodium aluminum sulfate.*

*(36) Sodium lauryl sulfate.*

*(37) Sodium stearyl fumarate.*

*(38) Stearyl tartrate.*

*(39) Sucralose.*

*(40) Synthetic trans fatty acid.*

*(41) Thiodipropionic acid.*

*(42) Toluene.*

*(43) Yellow dye 5 (CAS 1934-21-0).*

*(44) Yellow dye 6 (CAS 2783-94-0).*

*B.(1) The product label shall include a quick response code, or QR code, with a statement adjacent to the code that informs the consumer that additional ingredient information can be accessed by scanning the code.*

*(2) The QR code shall link to a web page that is under the control of the manufacturer.*

*(3) The web page shall contain the following disclaimer in a prominent location: "NOTICE: This product contains [insert ingredient here]. For more information about this ingredient, including FDA approvals, click HERE."*

*(4) The disclaimer shall link to the United States Food and Drug Administration's web page regarding food chemical safety.*

*C.(1) The provisions of this Section shall only apply to food or beverages intended for human consumption.*

*(2) The provisions of this Section shall not apply to any of the following:*

*(a) A drug or dietary supplement regulated by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., 21 CFR 3.2(e), or the Dietary Supplement Health and Education Act.*

*(b) An alcoholic beverage as defined in R.S. 26:2 and 241.*

*(c) Food prepared and labeled in a retail food establishment.*

*(d) Medical food as defined in 21 U.S.C. 360ee(b)(3).*

*(3) If a product is sold at retail as a multiunit package, the provisions of this Section shall only apply to the outer container.*

*D. Any violation of this Section shall be a violation of the state Sanitary Code.*

*Acts 2025, No. 463, §3, eff. Jan. 1, 2028.*

##### **§ 40:662** Seed oil; notice to patrons of food service establishments required {#sec-40-662 omnilex-key=us-la-statutes--rs-title-40--40:662}

*A. Any food service establishment, as defined in R.S. 40:5.5, that cooks or prepares food using seed oil shall display a disclaimer on the menu or other clearly visible location that informs customers of the potential presence of seed oil in food served at the establishment. The disclaimer shall state: "Some menu items may contain or be prepared using seed oils.".*

*B. For purposes of this Section, "seed oil" shall mean any of the following:*

*(1) Canola or rapeseed oil.*

*(2) Corn oil.*

*(3) Cottonseed oil.*

*(4) Grapeseed oil.*

*(5) Rice bran oil.*

*(6) Safflower oil.*

*(7) Soybean oil.*

*(8) Sunflower oil.*

*C. Any violation of this Section shall be a violation of the state Sanitary Code.*

*Acts 2025, No. 463, §3, eff. Jan. 1, 2028.*

#### **PART II** WASHING OF FOOD

##### **§ 40:671** Washing prohibited; penalty {#sec-40-671 omnilex-key=us-la-statutes--rs-title-40--40:671}

A. No one shall wash any articles of food intended for human consumption in any
body of water on the right of way of any public highway or road, or in any water anywhere
except running water.

B. Whoever violates the provisions of this Section shall be fined not more than five
dollars or imprisoned for not more than five days.

*Acts 2018, No. 206, §4.*

#### **PART II-A** LAETRILE

##### **§ 40:676** Laetrile {#sec-40-676 omnilex-key=us-la-statutes--rs-title-40--40:676}

A. The manufacture, sale, possession, and use of laetrile, or amygdalin is lawful in the state of Louisiana. However, the sale of the parenteral form of laetrile is lawful only with the prescription of a licensed physician.

B. The manufacture, sale, possession and use of laetrile, or amygdalin, is subject to the provisions of Chapters 1 and 4 of this Title, except for the provisions of the first unnumbered Paragraph of Section 607, the first unnumbered Paragraph of Section 608, last sentence of Paragraph 10 of Section 608, the first unnumbered Paragraph of Section 616, the first unnumbered Paragraph of Section 617, and Section 618. The manufacture, sale, possession, or use of laetrile shall not be restricted or limited on grounds it is ineffective in the prevention or treatment of cancer.

*Added by Acts 1977, No. 99, §1, eff. June 22, 1977.*

#### **PART III** CONTAINERS

#### **SUBPART A** GENERAL

##### **§ 40:681** License required for use of containers {#sec-40-681 omnilex-key=us-la-statutes--rs-title-40--40:681}

No person shall use or sell or transfer for use in the manufacturing,
production, preparation, compounding, blending, or packing for sale,
distribution, or transfer of a food, drug, or beverage any containers other than
new containers unless he has been duly licensed by the Louisiana Department
of Health, hereinafter referred to in this Part as the "department".

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:682** Qualifications for license; sterilization process {#sec-40-682 omnilex-key=us-la-statutes--rs-title-40--40:682}

A. The department shall issue the license required in R.S. 40:681 to any applicant
upon receipt of such evidence as it requires to show that the applicant is properly equipped
and maintains and uses the method provided for in Subsection B of this Section in cleansing
and sterilizing the containers.

B. All containers shall be cleansed, sterilized, and freed from rust and contamination
by soaking them for a period of not less than five minutes in a hot caustic solution of not less
than one hundred twenty degrees Fahrenheit, which shall be indicated by a thermometer.
This solution shall contain not less than two and one-half percent of caustic soda expressed
in terms of sodium hydrates. The containers shall then be thoroughly rinsed in pure water.
The cleansing solution shall be changed frequently so as to prevent it from becoming foul
and unsanitary.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.*

##### **§ 40:683** Duration of license {#sec-40-683 omnilex-key=us-la-statutes--rs-title-40--40:683}

The license provided for in R.S. 40:681 extends for one year from the date of its issuance unless sooner revoked as herein provided. It shall be renewed annually thereafter upon the same terms and conditions as prescribed in R.S. 40:682. A license fee of five dollars shall be collected from each licensee.

##### **§ 40:684** Issuance of certificate by licensee; revocation of license for wrongful issuance {#sec-40-684 omnilex-key=us-la-statutes--rs-title-40--40:684}

Each licensee shall issue a certificate with each shipment of containers to a purchaser or transferee, stating that the licensee has cleansed, sterilized, and freed the containers from rust and contamination as provided in R.S. 40:682. If any licensee issues this certificate without having complied with the requirements of this Part, his license shall, after a hearing before the department, be revoked by the department.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:685** Sterilization certificate as license for use of containers {#sec-40-685 omnilex-key=us-la-statutes--rs-title-40--40:685}

If the purchaser or transferee of containers covered by this Part shows a certificate of sterilization signed by a duly qualified licensee, he is duly licensed under the provisions of this Part. No purchaser or transferee shall use any containers covered by this Part without a certificate, except as hereafter provided.

##### **§ 40:686** Sale or transfer to licensee to cleanse or sterilize {#sec-40-686 omnilex-key=us-la-statutes--rs-title-40--40:686}

Nothing contained in this Part prohibits the sale or transfer for use of containers covered hereby which have not been so cleansed and sterilized to a purchaser or transferee who is duly licensed under the provisions of this Part to cleanse, sterilize, and free the containers from rust and contamination.

##### **§ 40:687** Re-use of closures {#sec-40-687 omnilex-key=us-la-statutes--rs-title-40--40:687}

No person shall use more than once closures of any character in the packing for sale or transfer of a food, drug, or beverage. The term "closure" includes any crown, screw cap, vacuum cap, cork, or any other article used to cap or seal any container of any food, drug, or beverage.

##### **§ 40:688** Rules and regulations {#sec-40-688 omnilex-key=us-la-statutes--rs-title-40--40:688}

The secretary of the department may prescribe such rules and regulations as may be necessary to carry into effect and enforce the provisions of this Part.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:689** Penalty {#sec-40-689 omnilex-key=us-la-statutes--rs-title-40--40:689}

Whoever violates any provision of this Part shall be fined not less than twenty-five dollars nor more than five hundred dollars. Each day that conditions or actions in violation of this Part continue constitutes a separate and distinct offense.

##### **§ 40:690** Metal beverage containers {#sec-40-690 omnilex-key=us-la-statutes--rs-title-40--40:690}

A. No person shall sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a metal part of the container is detachable in opening the container. The provisions of this Section do not prohibit the sale of or the offer for sale of the following:

(1) A beverage container sealed with a laminated tape seal, even if the seal contains aluminum foil, if the seal is not rigid.

(2) Frozen beverage concentrate in all metal containers with detachable metal pull tabs, customarily and primarily purchased for dilution and for use within the home or for similar purposes.

(3) Metal beverage containers with pull tabs for milk-based products, soy-based products, or similar products which require sterilization and pressure in the canning process.

B. As used in this Section:

(1) "Beverage container" shall include but not be limited to any sealed can containing beer, cereal malt beverage, mineral water, and soda water and similar soft drinks in liquid form and intended for human consumption.

(2) "Soft drink" shall include but not be limited to all beverages, whether carbonated or not, such as soda water, ginger ale, 7-Up, Hi-C, Coca-Cola, iced tea, lemonade, Pepsi Cola, Hawaiian Punch, Dr. Pepper, milk drinks when any flavoring or syrup is added, cider, cordial, carbonated water, mineral water, or any and all preparations commonly referred to as soft drinks of whatsoever kind, including any and all beverages referred to as soft drinks which are manufactured without the use of any syrup.

C. The penalties in R.S. 40:689 shall apply to violations of this Section.

*Acts 1990, No. 282, §1; eff. July 5, 1990.*

#### **SUBPART B** TAMPERING

##### **§ 40:695** Tampering with consumer products; false reports of violations; prohibition; penalties {#sec-40-695 omnilex-key=us-la-statutes--rs-title-40--40:695}

A. Tampering with consumer products is the tampering with or attempt to tamper with any food, drug, device, or cosmetic, or the tampering with or attempt to tamper with the label or container of any such item, with the intent to cause bodily injury or death to any person. For purpose of this Subpart, the terms food, drug, device, cosmetic, or label shall have the same meanings as provided in R.S. 40:602, except that they shall include only such items produced or distributed for human consumption or use.

B. Any person who commits the crime of tampering with consumer products shall:

(1) When no bodily injury or death results, be fined not more than five thousand dollars, imprisoned for not more than five years, or both.

(2) When the bodily injury of any person results, be fined not more than ten thousand dollars, imprisoned for not more than ten years, with or without hard labor, or both.

(3) When the death of any person results, be imprisoned for life at hard labor without benefit of parole, probation, or suspension of sentence.

C.(1) False reporting of tampering with consumer products is the willful and malicious imparting or conveying of false information, knowing such information to be false, concerning conduct or attempted conduct which, if such conduct occurred, would constitute a violation of R.S. 40:695(A).

(2) Whoever commits the crime of false reporting of tampering with consumer products shall be fined not more than five thousand dollars, imprisoned for not more than five years, or both.

*Added by Acts 1983, No. 721, §1.*

#### **PART III-A** WATER

#### **SUBPART A** WATER TREATMENT DEVICES

##### **§ 40:700** Definition of terms {#sec-40-700 omnilex-key=us-la-statutes--rs-title-40--40:700}

As used in this Subpart, unless the context otherwise indicates, the
following terms shall have the meaning ascribed to them in this Section:

(1) "Advertisement" includes all representations of fact or opinion
disseminated to the public in any manner or by any means.

(2) "Dealer" means any person or entity engaged in the business of
selling water treatment devices to the public.

(3) "Department" means the Louisiana Department of Health and
"secretary" means the secretary thereof.

(4) "Water treatment device" means any instrument or contrivance sold
at retail for residential use and designed to be added to the plumbing system
of a water supply intended for human consumption to improve that water
supply by any means including, but not limited to, filtration, purification,
distillation, or conditioning.

*Added by Acts 1983, No. 507, §1.*

##### **§ 40:700.1** Rules and regulations {#sec-40-700.1 omnilex-key=us-la-statutes--rs-title-40--40:700.1}

The secretary of the Louisiana Department of Health shall have the authority to
promulgate rules and regulations, with the advice and recommendations of the Advisory
Committee on Water Treatment Devices, for the efficient enforcement of this Subpart.

*Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.*

##### **§ 40:700.2** False advertisement {#sec-40-700.2 omnilex-key=us-la-statutes--rs-title-40--40:700.2}

A. An advertisement of a water treatment device is false if it is false or misleading in any particular regarding the water treatment device.

B. Except as provided below, the advertisement of a water treatment device representing it to have any therapeutic effect in the treatment of cancer, heart and vascular diseases, or any other diseases for which no known therapeutic effect has been fully established is false. No advertisement not in violation of Subsection A of this Section shall be considered false under this Subsection, if it is disseminated only to members of the medical and pharmaceutical professions or appears only in the scientific periodicals of these professions, or if it is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of water treatment devices.

C. Except as provided in R.S. 40:700.3, it is unlawful for any person to disseminate false advertisement by any means for the purposes of inducing, directly or indirectly, the purchase of water treatment devices.

*Added by Acts 1983, No. 507, §1.*

##### **§ 40:700.3** Exceptions as to false advertising by agencies {#sec-40-700.3 omnilex-key=us-la-statutes--rs-title-40--40:700.3}

Publishers, radio broadcast licensees, television broadcast licensees, advertising agencies, and other agencies or mediums for dissemination of advertising do not violate the provisions of R.S. 40:700.2 by the dissemination of any false advertisement when the dissemination is caused by the manufacturer, packer, distributor, or seller who resides in Louisiana. However, the manufacturer, packer, distributor, or seller is amenable to prosecution and the penalties provided for the violations of R.S. 40:700.2. No publisher, radio broadcast licensee, television broadcast licensee, advertising agency, or other agency or medium for the dissemination of advertising shall willfully refuse, on reasonable request of an officer or employee duly designated by the department, to furnish to the officer or employee the name and post office address of the manufacturer, packer, distributor, or seller, residing in Louisiana, who caused him to disseminate any such advertisement.

*Added by Acts 1983, No. 507, §1.*

##### **§ 40:700.4** Other prohibited acts {#sec-40-700.4 omnilex-key=us-la-statutes--rs-title-40--40:700.4}

The following acts and the causing thereof are prohibited:

(1) The verbal or written misrepresentation of any water treatment device by any person selling such devices to the public for the purposes of inducing, directly or indirectly, the purchase of water treatment devices.

(2) The sale of any water treatment device to the public without a permit issued by the department.

*Added by Acts 1983, No. 507, §1.*

##### **§ 40:700.5** Permit; application; fees; renewal {#sec-40-700.5 omnilex-key=us-la-statutes--rs-title-40--40:700.5}

A. The department may require all dealers who engage in the business of selling
water treatment devices to the public to obtain a permit and shall provide by regulation for
a reasonable time period in which to obtain such permit.

B. The department shall have the authority to promulgate rules and regulations and
to charge reasonable fees relating to the issuance of such permits. Any applicant which
meets the criteria established by the department shall be issued a permit.

C. Permits issued pursuant to the provisions of this Subpart shall be valid for one
calendar year from the date of issue, unless revoked as provided in R.S. 40:700.6, and shall
be renewed annually thereafter.

*Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.*

##### **§ 40:700.6** Revocation of permit {#sec-40-700.6 omnilex-key=us-la-statutes--rs-title-40--40:700.6}

A. The department may revoke any permit issued pursuant to the provisions of this
Subpart at any time the holder of a permit is found to be in noncompliance with the
provisions of this Subpart or the rules and regulations established by the department.

B. The department may revoke any such permit either temporarily, until there is
compliance with the provisions of this Subpart and with the rules and regulations as
established by the department, or permanently for the unexpired period of the permit.

*Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.*

##### **§ 40:700.7** Surety bond {#sec-40-700.7 omnilex-key=us-la-statutes--rs-title-40--40:700.7}

A. Every dealer permitted pursuant to the provisions of this Subpart shall maintain
with the secretary of the Louisiana Department of Health a surety bond in the amount of ten
thousand dollars. Each bond shall be issued by a surety authorized to do business in
Louisiana, and shall be in favor of the state for the use, benefit, and indemnity of any person
who suffers any damage or loss as a result of the dealer's violation of law or breach of
contract. Recovery hereunder shall in no event exceed the amount of the bond.

B. In lieu of the bond required by Subsection A of this Section, a dealer may deposit
with the secretary of the Louisiana Department of Health a certificate of deposit issued by
a financial institution doing business in this state and insured by the Federal Deposit
Insurance Corporation, and pledge it to the state of Louisiana for the benefit of any customer
who suffers any damage or loss as a result of the dealer's violation of law or breach of
contract. The certificate shall be in the amount of the bond required under Subsection A of
this Section. Any interest from the certificate of deposit shall be payable to the dealer. If the
state or a customer obtains a final judgment against the dealer which must be satisfied from
the proceeds of the certificate of deposit, any penalty arising from premature payment of the
certificate of deposit shall be paid by the dealer and not subtracted from the face amount of
the pledged certificate.

C. The state or any person claiming against the bond may maintain an action for
damages or other relief against the principal or the surety, or both. The liability of the surety
for all breaches of the conditions of the bond provided herein shall in no event exceed the
amount of the bond.

D. The dealer shall file any bond required of him with the secretary before doing any
business in this state, including advertising or soliciting.

E. The term of a bond required by this Section shall be continuous. The surety on
the bond may terminate the bond upon giving a sixty-day written notice to the secretary and
the principal; however, the liability of the surety for the acts of the principal shall continue
during the sixty-day period. The notice shall not release the surety from liability which
accrues before the termination becomes final, but which is discovered after that date.

*Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.*

##### **§ 40:700.8** Procedure for reporting violations of Subpart {#sec-40-700.8 omnilex-key=us-la-statutes--rs-title-40--40:700.8}

A. Before reporting any violation of this Subpart to any district attorney for
institution of criminal proceedings thereunder, the department shall afford appropriate notice
and opportunity for hearing, in accordance with regulations prescribed by it, to interested
persons upon the question of such violations. The report to the district attorney shall be
accompanied by findings of the appropriate officers and employees.

B. The department need not report for prosecution minor violations of this Subpart
when the purposes of the Subpart can best be accomplished by a suitable written notice or
warning.

*Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.*

##### **§ 40:700.9** Duties of district attorney {#sec-40-700.9 omnilex-key=us-la-statutes--rs-title-40--40:700.9}

Each district attorney to whom the department reports any violation for institution of
criminal proceedings or proceedings for an injunction under this Subpart, or to whom any
health, food, or drug officer of the state or political subdivision thereof presents evidence
satisfactory to the district attorney of any such violation shall institute appropriate
proceedings in the proper court without delay.

*Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.*

##### **§ 40:700.10** Penalties {#sec-40-700.10 omnilex-key=us-la-statutes--rs-title-40--40:700.10}

A. Whoever violates any provision of this Subpart shall be fined, for the first offense,
not more than five hundred dollars or imprisoned for not more than six months, or both.

B. For the second or subsequent offense, he shall be fined not more than one
thousand dollars or imprisoned for not more than one year, or both.

C. But any person who violates the provisions of R.S. 40:700.2(C) shall only be
fined not more than one thousand dollars for each violation if the violation does not involve
gross deception or imminent danger to health, and is established by opinion evidence only.

*Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.*

##### **§ 40:700.11** Injunction proceedings {#sec-40-700.11 omnilex-key=us-la-statutes--rs-title-40--40:700.11}

A. In order to avoid multiplicity of criminal prosecutions, the district
courts may, for cause, restrain any person by temporary or permanent
injunction from the dissemination or causing to be disseminated of a false
advertisement by any means for the purpose of inducing, directly or indirectly,
the purchase of water treatment devices in commerce; or from engaging in the
business of selling water treatment devices to the public without a permit
issued by the Louisiana Department of Health; or from engaging in other
unfair or deceptive trade practices including, but not limited to, verbal or
written misrepresentation of any water treatment device.

B. In these proceedings for an injunction it is not necessary to show an
intent on the part of the person enjoined to continue the offense.

C. In addition to other remedies, violation of any injunction issued
pursuant to this Section shall be summarily tried and punished by the court as
a contempt. The contempt proceedings may be instituted by order of the court
or by the filing of an information by the district attorney and process of the
court for the arrest of the violator may be served at any place in the state.

D. No person violates any injunction issued pursuant to this Section by
reason of the dissemination, subsequent to the injunction, of the false
advertisement which was the basis of the injunction, if the dissemination was
beyond the control of the person.

*Added by Acts 1983, No. 507, §1.*

##### **§ 40:700.12** Repealed by Acts 2022, No. 252, §3. {#sec-40-700.12 omnilex-key=us-la-statutes--rs-title-40--40:700.12}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:700.13** Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989. {#sec-40-700.13 omnilex-key=us-la-statutes--rs-title-40--40:700.13}

*Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.*

#### **SUBPART B** WATER VENDING MACHINES

##### **§ 40:701** Definitions {#sec-40-701 omnilex-key=us-la-statutes--rs-title-40--40:701}

As used in this Subpart:

(1) "Department" means the Louisiana Department of Health.

(2) "Water vending machine", hereinafter referred to as machine, means any machine
connected to a water supply which filters or purifies water for the purpose of selling such
water for human consumption.

*Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.*

##### **§ 40:701.1** Permit; application; fees; renewal {#sec-40-701.1 omnilex-key=us-la-statutes--rs-title-40--40:701.1}

A. The department shall require each owner or operator of water vending machines
to obtain a permit for each machine prior to the installation of such machine; however, any
machine currently in operation may continue in operation until permits for such machine can
be obtained under the provisions of this Subpart; however, such period shall not exceed one
calendar year from the effective date of this Subpart.

B. The department shall establish written rules and regulations for the issuance of
such permits including but not limited to machine construction, installation, performance,
control, and maintenance criteria. Any applicant who meets the criteria established by the
department shall be issued a permit.

C. The department shall collect a fee of one hundred dollars for each permit issued.

D. Permits issued under the provisions of this Subpart shall be valid for one calendar
year from the date of issue unless sooner revoked as provided in R.S. 40:701.2 and shall be
renewed annually thereafter.

*Added by Acts 1983, No. 510, §1; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2018, No. 206, §4.*

##### **§ 40:701.2** Revocation of permit {#sec-40-701.2 omnilex-key=us-la-statutes--rs-title-40--40:701.2}

A. The department shall revoke any permit issued pursuant to the provisions of this
Subpart for noncompliance with the provisions of this Subpart at any time a machine is
found to be in noncompliance with the provisions of this Subpart or the rules and regulations
established by the department.

B. The department may revoke any such permit either temporarily until there is
compliance with the provisions of this Subpart and with the rules and regulations as
established by the department or permanently for the unexpired period of the permit.

C. Any person whose permit for a water vending machine has been revoked shall
discontinue the operation of the machine until the machine has been brought into compliance
with this Subpart and he shall have obtained a new permit to operate from the department.
Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.

##### **§ 40:701.3** Labeling {#sec-40-701.3 omnilex-key=us-la-statutes--rs-title-40--40:701.3}

Notwithstanding the issuance of any permit, every machine as defined in this Subpart
shall have a label which shall be displayed prominently on the machine indicating the source
of the water dispensed, the methods used to treat the water to reduce or eliminate impurities,
and the chemical names and concentrations of any preservatives or additives.

*Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.*

##### **§ 40:701.4** Penalty for violations {#sec-40-701.4 omnilex-key=us-la-statutes--rs-title-40--40:701.4}

Whoever violates any provision of this Subpart shall be fined one thousand dollars
for each offense. Each violation shall constitute a separate offense.

*Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.*

##### **§ 40:701.5** Injunction proceedings {#sec-40-701.5 omnilex-key=us-la-statutes--rs-title-40--40:701.5}

A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the continued operation of a water vending machine for which a permit has not been issued under the provisions of R.S. 40:701.1 or which does not display the label required by R.S. 40:701.3.

B. Violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of a bill of information by the district attorney. Process of the court for the arrest of the violator may be served at any place in the state.

*Added by Acts 1983, No. 510, §1.*

#### **PART IV** SOFT DRINKS

##### **§ 40:711** Permit for manufacture or sale {#sec-40-711 omnilex-key=us-la-statutes--rs-title-40--40:711}

No person shall manufacture for sale or sell in containers any soft drink,
malt beverage, or other nonalcoholic beverage without having first obtained
a permit from the Louisiana Department of Health, hereinafter referred to in
this Part as the "department".

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:712** Part inapplicable to persons selling soft drinks where manufactured {#sec-40-712 omnilex-key=us-la-statutes--rs-title-40--40:712}

Nothing in this Part applies to persons operating soda fountains and selling soft drinks, malt beverages, and other non-alcoholic beverages in glasses or jugs on the premises where manufactured.

##### **§ 40:713** Contents of application; fee {#sec-40-713 omnilex-key=us-la-statutes--rs-title-40--40:713}

A. The application for the permit required under R.S. 40:711 shall contain the name of the applicant, his address, the location of the manufacturing plants, the name of the drink or beverage, and any other pertinent information prescribed by the department in pursuance of the provisions of this Part.

B. Repealed by Acts 2000, 1st Ex. Sess., No. 125, §2, eff. July 1, 2000.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §2, eff. July 1, 2000.*

##### **§ 40:714** Inspection; granting or refusing permit; grounds {#sec-40-714 omnilex-key=us-la-statutes--rs-title-40--40:714}

A. Upon receipt of the application and fee, the department shall make an inspection of the premises of the applicant wherein the drink or beverage is to be manufactured for sale or sold, and, when the provisions of the sanitary code governing the operation of bottling plants have been fully complied with, shall issue to the applicant a permit for the manufacture and sale of the drinks and beverages mentioned in this Section.

B. A permit may be denied at the time of the application:

(1) If the establishment of the applicant is known to be in an unsanitary condition.

(2) If the water supply is known to be dangerously contaminated.

(3) If the applicant does not submit sufficient proof of competency to bottle soft drinks, malt beverages, or other nonalcoholic beverages.

(4) If the sanitary code has not been complied with by the applicant in every respect.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:715** Term of permit; renewal {#sec-40-715 omnilex-key=us-la-statutes--rs-title-40--40:715}

This permit shall extend for one year from the date of its issue, unless sooner revoked as provided in this Part and shall be renewed annually thereafter.

##### **§ 40:716** Inspection of soft drinks manufactured outside state; fee {#sec-40-716 omnilex-key=us-la-statutes--rs-title-40--40:716}

No soft drink, malt beverage, or other nonalcoholic beverage not
manufactured in this state shall be sold or offered for sale in this state unless
the state health officer of the state in which the plant manufacturing the drink
or beverage is located has inspected and approved the plant and forwarded a
certificate to that effect to the Louisiana Department of Health and a correct
sample is first inspected by and registered with the department. An inspection
fee of twenty-five dollars for each sample bearing a distinguishing flavor or
name shall be paid by the manufacturer thereof, his agent, or dealer to the
department annually.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.*

##### **§ 40:717** Inspection of bottling plants and places for sale; fee {#sec-40-717 omnilex-key=us-la-statutes--rs-title-40--40:717}

The department shall make at least one inspection each year of each bottling plant and place where soft drinks, malt beverages, or other nonalcoholic beverages are manufactured or sold in containers. However, it may inspect any such plant as often as it thinks proper for the enforcement of this Part or in the interest of the public health. The department may issue multiple permits to bottling plants; however, only one annual fee per establishment shall be charged and collected from plants bottling soft drinks, syrups, mixes, and concentrates. The department shall charge and collect an annual fee for each soft drink bottling plant based on the gross annual sales of such plant according to the following schedule:

Annual sales

Annual fee

Under $500,000

$ 175.00

$500,000 - $1,000,000

475.00

$1,000,001 - $2,500,000

775.00

$2,500,001 - $5,000,000

1,075.00

over $5,000,000

1,375.00

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.*

##### **§ 40:718** Each separate plant subject to inspection or permit fee {#sec-40-718 omnilex-key=us-la-statutes--rs-title-40--40:718}

For purposes of this Part, each plant or place where soft drinks, malt beverages, or other nonalcoholic beverages are manufactured for sale is considered a separate and distinct business, subject to the inspection or permit fees provided for in this Part, even though the plants or places may be owned or operated by one person.

*Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.*

##### **§ 40:719** Revocation of permit {#sec-40-719 omnilex-key=us-la-statutes--rs-title-40--40:719}

A. The department may revoke any permit issued under the terms of this Part for noncompliance with the provisions of the sanitary code or the food and drug laws or regulations of the state.

B. It may revoke any such permit either temporarily, until there is a compliance with the provisions of this Part and with the sanitary code and other laws and regulations on the same subject matter, or permanently for the unexpired period of the permit.

C. Any person whose permit has been revoked shall discontinue the manufacture and the sale within this state of soft drinks, malt beverages, and other nonalcoholic drinks until he shall have complied with this Part and shall have obtained a new permit to operate from the department.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:720** Ingredients permitted in soft drinks {#sec-40-720 omnilex-key=us-la-statutes--rs-title-40--40:720}

For purposes of this Part, all soft drinks or other nonalcoholic beverages, except nonalcoholic fruit juices, shall consist of a beverage made from pure cane or beet sugar syrup or such other sweetening liquids or substances as are permitted by the regulations of the department, containing pure flavoring material, with or without added fruit acid, with or without added color. Nothing in this Part prohibits the use of any other harmless ingredients in the manufacture of soft drinks, malt beverages, and other nonalcoholic beverages. When artificial coal-tar colors are used, nothing but the certified colors approved by the government of the United States are permissible.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:721** Disposition of proceeds of fees {#sec-40-721 omnilex-key=us-la-statutes--rs-title-40--40:721}

All money collected by the board under the provisions of this Part shall be devoted to the inspection of bottling plants throughout the state and to the enforcement of this Part.

##### **§ 40:722** Penalty for violations {#sec-40-722 omnilex-key=us-la-statutes--rs-title-40--40:722}

Whoever violates any provision of this Part shall be fined, for the first offense, not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than ninety days, or both. For each subsequent offense, he shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than ninety days nor more than six months, or both.

#### **PART IV-A** BOTTLED WATER

##### **§ 40:731** Legislative intent {#sec-40-731 omnilex-key=us-la-statutes--rs-title-40--40:731}

It is the intent of the legislature to protect the public's health by establishing standards for bottled water and bottled water plants, water dealers, and water transportation vehicles or vessels to ensure that consumers who obtain water through such means are given appropriate information as to the nature of such water and that such consumers are assured that the water meets acceptable standards for human consumption.

*Acts 1991, No. 623, §1.*

##### **§ 40:732** Definitions {#sec-40-732 omnilex-key=us-la-statutes--rs-title-40--40:732}

As used in this Part, the following terms shall have the following
meanings ascribed to them:

(1) "Approved laboratory" means a laboratory approved by the state or
department or certified by the U. S. Environmental Protection Agency (EPA),
or certified by the primary enforcement authority in any state which has been
granted primacy by the EPA, or certified or accredited by a third-party
organization acceptable to a primacy state.

(2) "Approved source" when used in reference to a bottled water plant's
product water or water used in the plant's operations, means the source of the
water whether it be from a spring, artesian well, drilled well, public or
community water system or any other source that has been inspected and the
water sampled, analyzed and found of a safe and sanitary quality with or
without treatment. Such approval shall be obtained and maintained in
accordance with R.S. 40:735. The presence in the plant of a current certificate
or notification of approval from the department shall constitute approval of the
source.

(3) "Artesian water" means bottled water from a well tapping a
confined aquifer in which the water level stands above the water table.
"Artesian water" shall meet the requirements of "natural water".

(4) "Bottled water" means water that is placed in a sealed container or
package and is offered for sale for human consumption or other consumer
uses. Bottled water may be with or without natural or added carbonation and
may be prepared with added flavors, extracts, or essences derived from a spice
or fruit which comprise less than one percent by weight of the final product.
Said products shall contain no sweeteners, acidulants, or additives other than
said flavors, extracts, or essences.

(5) "Bottled water plant" means any place or establishment in which
bottled water is prepared for sale.

(6) "Carbonated water" or "sparkling water" means bottled water
containing carbon dioxide.

(7) "Department" means the Louisiana Department of Health.

(8) "Distilled water" means bottled water which has been produced by
a process of distillation and meets the definition of purified water in the most
recent edition of the United States Pharmacopeia.

(9) "Drinking water" means bottled water obtained from an approved
source that has at minimum undergone treatment consisting of filtration
(activated carbon or particulate) and ozonation or an equivalent disinfection
process.

(10) "Fluoridated water" means bottled water containing fluoride. The
label shall specify whether the fluoride is naturally occurring or added. Any
water which meets the definition of this Paragraph shall contain not less than
0.8 milligrams per liter fluoride ion and otherwise comply with the Food and
Drug Administration (FDA) quality standards in 21 CFR Section 103.35(d)(2).

(11) "Mineral water" means bottled water that contains not less than
500 parts per million total dissolved solids. "Natural mineral water" shall meet
the requirements of "natural water".

(12) "Natural water" means bottled spring, mineral, artesian, or well
water which is derived from an underground formation and is not derived from
a municipal system or public water supply.

(13) "Plant operator" means any person who owns or operates a bottled
water plant and who meets the requirements of R.S. 40:734.

(14) "Purified water" means bottled water produced by distillation,
deionization, reverse osmosis or other suitable process and that meets the
definition of purified water in the most recent edition of the United States
Pharmacopeia. Water which meets the definition of this Paragraph and is
vaporized, then condensed, may be labeled "distilled water".

(15) "Spring water" means water derived from an underground
formation from which water flows naturally to the surface of the earth.
"Spring water" shall meet the requirements of "natural water".

(16) "Water dealer" means any person who imports bottled water or
causes bulk water to be transported for bottling for human consumption or
other consumer uses.

(17) "Well water" means water from a hole bored, drilled or otherwise
constructed in the ground which taps the water of an aquifer. "Well water"
shall meet the requirements of "natural water".

*Acts 1991, No. 623, §1; Acts 1995, No. 351, §1, eff. June 16, 1995.*

##### **§ 40:733** Product quality {#sec-40-733 omnilex-key=us-la-statutes--rs-title-40--40:733}

A. All bottled water shall be from an approved source and shall not contain any constituent in quantities that may be injurious to health, as established by the department by rule. All bottled water shall meet standards prescribed by the FDA in 21 CFR Section 103.35, except that the total dissolved solids limitation of Section 103.35(d) shall not apply to mineral water and except that bottled water shall not exceed 10 ppb of total trihalomethanes and 5 ppb of lead.

B. Except as provided in Subsection A of this Section, bottled water, including mineral water, shall not exceed any maximum contaminant level contained in R.S. 40:740(A), or any maximum contaminant level established by EPA under the Safe Drinking Water Act or established by the department by rule for any organic or inorganic chemical.

*Acts 1991, No. 623, §1.*

##### **§ 40:734** Good manufacturing practices and operational requirements {#sec-40-734 omnilex-key=us-la-statutes--rs-title-40--40:734}

A. All bottled water, including mineral water, shall be filtered and processed and packaged in accordance with the FDA Good Manufacturing Practice Regulations (GMPs) 21 CFR Parts 110 and 129, and any rules adopted by the department.

B. Bottled water production, including transporting, processing, packaging and storage, shall be conducted under such conditions and controls as are necessary to minimize the potential for microbiological contamination of the finished product. These conditions and controls shall include the following:

(1) Bottled water shall be subject to effective germicidal treatment by ozonation or carbonation at a minimum of three volumes of carbon dioxide or other equivalent disinfection approved by the department, except that the requirement for filtration and germicidal treatment shall not apply to a bottled water product for which an exemption has been granted by the department pursuant to the criteria as contained in R.S. 40:739.

(2) Bottled water shall not be transported or stored in bulk tanks or processed or bottled through equipment or lines used for any nonfood product.

(3) Bottled water which originates from a surface water source which is not protected from surface contamination shall be subjected to ozonation, filtration, or another effective process which removes or destroys the cysts of the parasite giardia lamblia.

C. Each bottled water plant operator shall develop and maintain written procedures for notification of the department, consumer notification and product recall and shall implement any said procedure as necessary with respect to any product for which the operator or department knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer. In order to facilitate product identification or recall, each bottled water product shall contain a code that is designed to remain attached to the container during use and which contains either the date of manufacture or a lot or batch number.

D. A bottled water supplier who knows that a primary maximum contaminant level has been exceeded or has reason to believe that circumstances exist which may adversely affect the safety of bottled water, including but not limited to source contamination, spills, accidents, natural disasters, or breakdowns in treatment, shall notify the department promptly.

E. If the department determines, based upon representative samples, risk analysis, information provided by the bottled water supplier, and other information available to the department, that the circumstances present an imminent hazard to the public health and that a form of consumer notice or product recall can effectively avoid or significantly minimize the threat to public health, the department may order the water supplier to initiate a level of product recall approved by the department or, if appropriate, issue a form of notification to customers. The bottled water supplier shall be responsible for disseminating the notice in a manner designed to inform customers who may be affected by the problem. The water bottler shall where appropriate provide the notice to radio and television media or to the newspaper serving the affected public or shall in the alternative directly notify affected users where doing so in a manner approved by the department can effectively avoid or minimize the risk to health. Product recalls shall conform to the procedures and policies of 21 CFR Part 7.

F. Where a maximum contaminant level has been violated but circumstances, including risk analysis and representative samples, indicate that the violation of the maximum contaminant level has been promptly corrected and that already-distributed product will not cause illness and presents no significant health risk, a recall and media notification of consumers is unnecessary. In such circumstances where a recall or media notification is unnecessary, but where there may be significant consumer complaints of product taste or odor, the department may order the bottler to communicate the exceedance of the maximum contaminant level and the implementation of corrective measures by direct mailings to affected customers or by newspaper publication.

G. Artesian water may be collected with the assistance of external force to enhance the natural underground pressure so long as such measures do not alter the physical properties, composition, and quality of the water.

H. Natural water shall not be modified by blending with water of another type or by deletion or addition of dissolved solids, except as related to disinfection or other treatment to reduce the concentration of any naturally present constituent which exceeds government sanctioned or approved safety standards or guidelines. It may be collected and transported by pumps, pipes, tunnels, trucks, or similar devices.

I. Spring water shall be collected only at the spring or through a bore hole that is adjacent to the point of emergence. Spring water collected with the assistance of external force to protect the water shall retain all the physical properties of and be of the same composition and quality as the water that flows naturally to the surface of the earth.

J. No person shall operate a bottled water plant or bottle water for the purpose of sale or distribution in this state without first obtaining a permit required by the state sanitary code demonstrating that the source, bottling facility treatment and bottling practices, and product water meet the requirements of this Part and regulations adopted hereunder. The department by regulation may establish a reasonable fee for a permit application, which fee shall be based on the cost of processing application and shall be the same for in-state and out-of-state bottlers. An annual renewal fee shall be established. The application fee and the annual renewal fee shall not exceed two hundred dollars.

K. For bottled water imported from outside the United States the required showing shall include a certification signed by the department or agency with jurisdiction over bottled water in the country of origin that describes the requirements of said country for the source, bottling facility, treatment, bottling practices, and product water; states the date of the last officially authorized inspection by the department or agency or acceptable third party inspection organization and review of said source, facility, treatment, bottling practices, and product water in light of such requirements; and certifies that said source, facility, treatment, bottling practices, and product water meet all of the requirements of the country of origin except those that are in conflict with U.S. state and federal laws and regulations.

L. As a condition of receiving a permit and annually thereafter, the bottler shall receive a plant inspection demonstrating compliance with the good manufacturing practices and operational requirements of this Part. Said inspection shall be conducted by the state in which the bottling facility is located, by the federal FDA, or by a third party inspection organization acceptable to the department.

M. A bottled water plant shall not be operated except under the supervision of a competent person qualified by experience, education, and training to operate and maintain the plant's facilities. Said person must hold a certificate demonstrating that he has successfully completed a technical training course, developed and administered by the department or by a third party organization that is acceptable to the department, that covers periodic instruction and testing in plant, source, and product sanitation; operation and maintenance of water treatment technology; and the maintenance and monitoring of source and product water quality in accordance with these bottled water standards.

*Acts 1991, No. 623, §1.*

##### **§ 40:735** Source water monitoring {#sec-40-735 omnilex-key=us-la-statutes--rs-title-40--40:735}

A. If any source does not comply with the maximum contaminant levels required by the state or federal agency for the production of bottled water, the bottler must show by analysis that his treatment reduces the contaminant(s) below the maximum contaminant levels in the finished product. Approval of the source water product derived from a source other than a public water supply must be based upon a field inspection of the source and a review of information prepared by a professionally qualified hydrogeologist that shall demonstrate the integrity of the source and safety of the catchment operations and that shall include:

(1) An evaluation of the chemical, physical, microbiological, and radiological characteristics of the source.

(2) A report on the regional geology surrounding the site and the specific site geology. A description of the vertical and horizontal extent of the source aquifer using existing data; the information will be used to define the recharge area of the aquifer, or in the case of regional aquifers, the zone of influence of the subject source.

(3) A report detailing the development of the source, the method of construction including spring design, well installation, surface catchment and intake structures, and transmission facilities as appropriate.

(4) A watershed survey of the recharge area or zone of influence of subject source that identifies and evaluates actual and potential sources of contamination, and which shall be updated every three years, including any reported discharge that may affect the source.

(5) Based on the findings in Paragraph (4) of this Subsection, a plan for special monitoring of any significant contaminant source and for taking restrictive preventive or corrective measures as appropriate to protect the source water and the product water.

B. The plant operator shall be responsible for sampling and analysis of all approved sources for the contaminants specified in R.S. 40:733. Such monitoring shall be at least annually, except that analysis for microbiological contaminants shall be weekly if the source is other than a public water system.

C. Approved sources shall be monitored on a frequency of no less than once every four years for the contaminants listed in R.S. 40:740(B) or for which U. S. EPA under the Safe Drinking Water Act or the department requires source water monitoring.

D. Those systems using chlorination or chlorinated public water supplies shall also monitor for contaminants listed in R.S. 40:740(C). The definition of "source" as applied to R.S. 40:740(B) and (C) allows bottlers using public water supplies to take samples at the filler or from the source, all other bottlers being required to obtain samples from the groundwater source.

E. In lieu of source monitoring required by this Section, a plant operator using a public water system as its source may obtain and display a certificate from said system demonstrating that the public water system conducts the monitoring required by this Section.

F. In lieu of source water monitoring for any volatile organic contaminant covered by Subsections C and D of this Section that is confirmed to be present in the source water, the bottler may treat said source using granular activated carbon treatment or an equivalent treatment operated in accordance with good manufacturing practices as provided in 21 CFR 129.80.

G. The department may also exempt any water bottler from the monitoring requirements of Subsections C and D of this Section or reduce the frequency or scope of said source monitoring based on a showing satisfactory to the department that the source does not contain the compound(s) for which monitoring is required and is not vulnerable to contamination by the compound(s) because for surface water sources the compounds are not applied, manufactured, stored, disposed, or shipped upstream, and for groundwater sources, the compounds are not applied, manufactured, stored, disposed, or shipped in the groundwater recharge basin, or that a reliable indicator chemical may be monitored in lieu of said compound(s).

H. Where a bottled water plant operator, water dealer, or regulatory agency knows or has reason to believe that a contaminant not otherwise monitored is present in the source water because of a spill, release of a hazardous substance, or otherwise, and its presence would create a potential health hazard to consumers, the plant operator or water dealer upon receipt of such information shall monitor the source water for said contaminant.

I. Detection of contaminant in source monitoring required pursuant to R.S. 40:735 shall be followed immediately by a program of periodic monitoring to confirm the presence in the source water of said contaminant(s). If such listed unregulated contaminant(s) is confirmed to be present in the source water at a concentration that exceeds a published U.S. EPA health advisory, or a U.S. FDA or a department action level for drinking water, the plant operator or water dealer shall employ appropriate treatment techniques to remove or to reduce said contaminant in the product water below said concentration and shall employ a program of periodic monitoring for said contaminant in the source water until such time as said contaminant is not detectable in the source water.

J. The required source water monitoring shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory. Records of the required sampling and analyses shall be maintained on file at the plant for not less than five years and shall be available for official review upon request of the department.

*Acts 1991, No. 623, §1.*

##### **§ 40:736** Finished product monitoring {#sec-40-736 omnilex-key=us-la-statutes--rs-title-40--40:736}

A. To assure that bottled water complies with R.S. 40:733, the following product monitoring using representative samples derived from the bottled product shall be performed.

(1) For microbiological contaminants specified in R.S. 40:733, analyze weekly a representative sample from a batch or segment of a continuous production for each type of bottled water produced by the plant.

(2) For chemical, physical, and radiological contaminants specified in R.S. 40:733, analyze annually a representative sample from a batch or segment of continuous production run for each type of bottled drinking water produced by the plant.

B. The required product water sampling shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory.

C. Records of required sampling and analysis shall be maintained at the plant not less than five years and shall be available for official review upon request of the department.

*Acts 1991, No. 623, §1.*

##### **§ 40:737** Labeling requirements {#sec-40-737 omnilex-key=us-la-statutes--rs-title-40--40:737}

All bottled water shall conform to applicable federal and state labeling laws and be labeled in compliance with the following standards:

(1) Mineral water may be labeled "mineral water". Bottled water to which minerals are added shall be labeled so as to disclose that the minerals are added and may not be labeled "natural mineral water".

(2) Spring water may be labeled "spring water" or "natural spring water".

(3) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas may bear on its label the words "naturally carbonated" or "naturally sparkling".

(4) Bottled water which contains carbon dioxide other than that naturally occurring in the source of the product shall be labeled with the words "carbonated", "carbonation added", or "sparkling" when the carbonation is obtained from a natural or manufactured source.

(5) Well water may be labeled "well water" or "natural well water".

(6) Artesian water may be labeled "artesian water" or "natural artesian water".

(7) Purified water shall be labeled "purified water" and the method of preparation shall be stated on the label, except that purified water produced by distillation may be labeled as "distilled water".

(8) Drinking water may be labeled "drinking water".

(9) Any bottler, distributor, or vendor of bottled water whose corporate name, brand name, or trademark contains the word "spring", "well", "artesian", "mineral", or "natural" or any derivative of those words shall label each bottle with the type of bottled water as defined in R.S. 40:732 in typeface at least equal to the size of the typeface of the corporate name, brand name, or trademark, if the type of the bottled water is different from the type stated or implied in the corporate name, brand name, or trademark.

(10) The use of the word "spring", or any derivative thereof other than in a trademark, trade name, or company name, to describe water that is not spring water as defined herein shall be prohibited.

(11) A product meeting more than one definition as stated in R.S. 40:732 may be identified by any of the applicable product types defined in R.S. 40:732, except where otherwise specifically prohibited.

(12) Supplemental printed information and graphics may appear on the label but shall not imply properties of the product or preparation methods which are not factual.

(13) Each bottler, manufacturer, distributor, or vendor of bottled water shall register each separate and distinct type of bottled water with the department in accordance with R.S. 40:627 and R.S. 40:628.

*Acts 1991, No. 623, §1.*

##### **§ 40:738** Soda water/soft drink exemption {#sec-40-738 omnilex-key=us-la-statutes--rs-title-40--40:738}

Bottled soft drinks, soda, or seltzer products commonly recognized as soft drinks and identified on the product identity panel with a common or usual name other than one of those specified in R.S. 40:732 are exempt from the requirements of this Part. Water that is not in compliance with the requirements of this Part may not be identified, labeled, or advertised as "artesian water", "bottled water", "distilled water", "natural water", "purified water", "spring water", or "well water".

*Acts 1991, No. 623, §1.*

##### **§ 40:739** Waiver of filtration and germicidal treatment {#sec-40-739 omnilex-key=us-la-statutes--rs-title-40--40:739}

A. A bottled water product may be granted a waiver from filtration and germicidal treatment by the department. A waiver shall be based on the bottler's demonstration to the department's satisfaction that, based on review of long term baseline microbiological monitoring data of the source and product, and consideration of the nature and extent of source monitoring, source protection, and bottling sanitation procedures instituted by the bottler, filtration and germicidal treatment are not necessary to assure that the product will consistently comply with the microbiological standards herein. A waiver may be granted and maintained only upon a demonstration of all of the following:

(1) That said bottled water product and source are in compliance with the Codex Alimentarius standard (CAC/AS 108) for natural mineral water, as amended, and the requirements of R.S. 40:733.

(2) That said bottled water product and source are in compliance with the code of hygienic practice for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 83/13A, as amended.

(3) That the bottler has submitted a basic hydrogeological survey of the source and an annual sanitary survey, both prepared by a professionally qualified hydrogeologist, demonstrating the integrity of the source, which sanitary survey shall include:

(a) Watershed surveillance consisting of an inspection of portions of the drainage area necessary to identify and evaluate actual and probable sources of contamination.

(b) Evaluation of source construction and protection and where appropriate, intake structures, and transmission facilities.

(c) Evaluation of finished water storage facilities.

(4) That continued compliance of the bottled water product and source with the Codex Alimentarius standards is demonstrated by an official testing performed once every two months by the authorities having jurisdiction, and by a weekly microbiological testing as described in the code of hygienic practices for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 85/13A, and by an annual inspection by an independent organization acceptable to the department demonstrating compliance with the code of hygienic practices for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 85/13A.

(5) That said bottled water product is bottled in an enclosed filling room/chamber that is under positive pressure of filtered purified air, and using facilities and good manufacturing practices that comply with the requirements of 21 CFR Part 129.

B. This exemption to the requirement for filtration and germicidal treatment for said bottled water product shall be renewed every year by the submission of an annual report establishing compliance with the microbiological standards described in 21 CFR Section 103.35 and the requirements of this Section pertaining to said water and source. Bottled water that is not in compliance with any of such requirements shall be subject to the requirement for filtration and germicidal treatment.

C. This exemption applies only to the requirement for filtration and germicidal treatment. All bottled water shall comply with all other provisions of this Part.

*Acts 1991, No. 623, §1.*

##### **§ 40:740** Appendices; maximum contaminant levels {#sec-40-740 omnilex-key=us-la-statutes--rs-title-40--40:740}

A. Appendix A. The following provisions are the maximum contaminant levels for the following compounds:

Compound

Maximum Contaminant =

ppb

Level (mg/L)

(1) VOLATILE ORGANIC COMPOUNDS

Trichloroethylene

0.005

5

Carbon tetrachloride

0.005

5

Vinyl Chloride

0.002

2

1,2-Dichloroethane

0.005

5

Benzene

0.005

5

1,1,-Dichloroethylene

0.007

7

1,1,1,-Trichloroethane

0.200

200

p-Dichlorobenzene

0.075

75

Trihalomethanes

0.010

10

(2) INORGANIC COMPOUNDS

Arsenic

0.05

50

Barium

1.0

1000

Cadmium

0.01

10

Chloride

250.0

250,000

Chromium

0.05

50

Copper

1.0

1,000

Fluoride

4.0

4,000

Iron

0.3

300

Lead

0.005

5

Manganese

0.05

50

Mercury

0.002

2

Nitrate

10.0

10,000

Selenium

0.01

10

Silver

0.05

50

Sulfate

250.0

250,000

TDS

500.0

Zinc

5.0

5,000

(3) ORGANIC COMPOUNDS

Endrin

0.0002

0.2

Lindane

0.004

4.0

Methoxychlor

0.10

100.0

Toxaphene

0.005

5.0

2,4-D

0.10

100.0

2,4,5-TP (Silvex)

0.01

10.0

(4) WATER PROPERTIES

Color

< 15 units

Turbidity

< 5 units

pH

6.5 - 8.5

Odor

3 T.O.N.

(5) RADIONUCLIDES

*Gross Alpha

15 pCi/L

**Gross Beta

50 pCi/L

*If Gross Alpha is greater than 5, analyze for Radium 226 and Radium 228. Their total should not exceed 5 pCi/L.

**If Gross Beta is greater than 8 pCi/L, analyze for Strontium 90. If Gross Beta is greater than 50 pCi/L, analyze for Tritium and other man-made nuclides.

B. Appendix B. The following is a listing of inorganic and organic substances:

(1) Inorganics

Aluminum

Ammonia

Antimony

Beryllium

Boron

Cyanide

Foaming Agents

Molybdenum

Nickel

Radium 226

Radium 228

Radon

Sodium

Strontium

Thallium

Uranium

Vanadium

(2) Organics

Acrylamide

Alachlor

Atrazine

Aldrin

Aldicarb

Aldicarb Sulfone

Aldicarb Sulfoxide

Acenaphthene

Acenaphthylene

Adipates

Authracene

Bentazon

Bromobenzene

Bromochloromethane

Bromomethane

Butylbenzene, n

Butylbenzene, sec

Butylbenzene, tert

Benzidine

Benzo (a) anthracene

Benzo (a) pyrene

Benzo (b) fluoranthene

Benzo (ghi) perylene

Benzo (k) fluoranthene

Bis (2-chloroethoxy) methane

Bis (2-chloroethyl) ether

Bis (2-chloroisopropyl) ether

Bis (2-ethylhexyl) pthalate

Bromophenyl Phenyl Ether, 4

Butylbensyl pthalate

Bromacil

Butachlor

Carbofuran

Cyanazine

Chlordane

Chlorothalonil

Chlorobenzene

Chloroethane

Chloromethane

Chlorotoluene, o-

Chlorotoluene, p-

Carbaryl

Chloro-m-Cresol, p-

Chloronapthalene, 2-

Chlorophenol, 2-

Chlorophenyl Phenyl Ether, 4-

Chrysene

Dacthal

Dalapon

DB,2,4-

Delta BHC

Diazonon

Dibromo-3-Chloropropane, 1,2-

Dimethoate

Dieldrin

Ditrotoluene, 2,4-

Dicamba

Dinoseb

Dibromomethane

Dichlorobenzene, m-

Dichlorobenzene, o-

Dichlorodifluoromethane

Dichloroethane,1,1-

Dichloroethylene,1,2-cis-

Dichloroethylene,1,2,-trans

Dichloromethane

Dichloropropane,1,2-

Dichloropropane,1,3-

Dichloropropane,2,2-

Dichloropropene,1,1-

Dichloropropene,1,3-

Di-n-butyl pthalate

Di-n-octyl pthalate

Dichlorobenzidine,3,3-

Dibenzo (a,h) anthracene

Dichlorophenol,2,4-

Diethyl Pthalate

Dimethy Pthalate

Dimethlyphenol,2,4-

Dinitro-o-Cresol,4,6-

Dinitrophenol,2,4-

Diphenylhydrazine,1,2-

Dinitrotoluene,2,6-

Diuron

Diquat

Endothall

Epichlorohydrin

Ethylbenzene

Ethyl Dibromide

Fluorotrichloromethane

Fluoranthene

Fluorene

Glyphosate

Heptachlor

Heptechlor Epoxide

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclopentadiene

Hexachloroethane

Indeno (1,2,3-c,d) Pyrene

Isophorone

Isopropylbenzene

Isopropyltoluene,p-

Methomyl

Methyl tert-Butyl-Ether

Methyl-4,6-Dinitrophenol,2-

Metolachlor

Metribuzin

Molinate

Napthalene

Nitrobenzene

Nitrophenol,2-

Nitrophenol,4-

Nitrosodimethylamine,n-

Nitrosodiphenylamine,n-

Nitrosodi-n-propylamine,n-

PCB

Pentachlorophenol

Phenathrene

Picloram

Prometryn

Propylbenzene,n-

Pyrene

Simazine

T,2,4,5

TCDD,2,3,7,8-

Tetrachloroethane,1,1,1,2-

Tetrachloroethane,1,1,2,2

Tetrachloroethylene

Thiobencarb

Toluene

Trichlorobenzene, 1,2,3-

Trichloro-1,2,2,-Trifluroethane

Trichlorobenzene,1,2,4

Trichloroethane,1,1,2-

Trichlorophenol,2,4,5-

Trichlorophenol,2,4,6

Trichloropropane,1,2,3-

Trifluralin

Trimethylbenze,1,2,4-

Trimethylbenze,1,3,5

Vydate

Xylene,m-

Xylene,o-

Xylene,p-

C. Appendix C. The following is a listing of disinfection byproducts:

(1) Haloacids:

Bromoacetic acid

Dibromoacetic acid

Chloroacetic acid

Dichloroacetic acid

Trichloroacetic acid

(2) Aldehydes

Acetaldehyde

Formaldehyde

(3) Pentane Extractables

Bromochloroacetonitrile

Dibromoacetonitrile

Dichloroacetonitrile

Trichloroacetonitrile

Chloropicrin

Dichloropropanone,1,1-

Trichloropropanone,1,1,1-

(4) Cyanogen Chloride

*Acts 1991, No. 623, §1.*

##### **§ 40:741** Rules and enforcement; criminal penalties {#sec-40-741 omnilex-key=us-la-statutes--rs-title-40--40:741}

A. The department may adopt rules to implement the provisions of this Part. All rules shall be adopted in accordance with the Administrative Procedure Act.

B. The department may deny, suspend, or revoke a permit when the department determines that there has been a substantial failure to comply with the provisions of this Part or to comply with the rules adopted under the provisions of this Part.

C. Whoever violates the provisions of this Part shall be fined not more than five hundred dollars.

*Acts 1991, No. 623, §1.*

#### **PART V** OLEOMARGARINE

##### **§ 40:751** Enforcement of Part {#sec-40-751 omnilex-key=us-la-statutes--rs-title-40--40:751}

The Louisiana Department of Health, hereinafter referred to in this Part
as the "department," shall enforce this Part through the secretary of the
department or its officers or agents.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:752** Vitamin content {#sec-40-752 omnilex-key=us-la-statutes--rs-title-40--40:752}

No manufacturer, processor, or dealer in oleomargarine in the state shall sell or offer for sale any oleomargarine within this state which does not contain at least nine thousand United States Pharmacopeia Units of vitamin A per pound.

##### **§ 40:753** Conformity to rulings of federal security agency {#sec-40-753 omnilex-key=us-la-statutes--rs-title-40--40:753}

The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to any changes in the ruling of the Federal Security Agency concerning the addition of vitamins to oleomargarine.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:754** Right of entry upon premises of manufacturer, processor, or dealer {#sec-40-754 omnilex-key=us-la-statutes--rs-title-40--40:754}

The department, through its agents, shall enter upon the premises of any manufacturer, processor, or refiner of oleomargarine, or upon the premises of any person engaged as a retail or wholesale dealer in oleomargarine, to collect samples for analyses or to make such investigations as may be necessary to properly enforce this Part.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:755** Shortage of vitamin; procedure for waiver {#sec-40-755 omnilex-key=us-la-statutes--rs-title-40--40:755}

Whenever any person subject to the provisions of this Part submits to the secretary of the department an affidavit claiming a shortage or imminence of shortage of any vitamin added to or to be added to oleomargarine as required by this Part, the department shall request information from the federal agency responsible for information concerning the availability of that vitamin. If factual information from the federal source can be obtained within ten days, it shall be considered as final and the department shall act thereon. If the information from the federal agency is not available within ten days, the department shall call a public hearing, to be held within ten days after notice. If the testimony presented shows that the sale and distribution of oleomargarine may be substantially impeded by the enforcement of the provisions of this Part, the department shall authorize the sale and distribution of oleomargarine until adequate supplies of the vitamins become available, in the judgment of the department, based on information from the federal agencies or testimony at a public hearing.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:756** Labeling {#sec-40-756 omnilex-key=us-la-statutes--rs-title-40--40:756}

All oleomargarine sold in the state shall be labeled in accordance with Part I of this Chapter and with the regulations of the Federal Security Agency governing the labeling of oleomargarine with added vitamin A sold in interstate commerce.

##### **§ 40:757** Penalty {#sec-40-757 omnilex-key=us-la-statutes--rs-title-40--40:757}

Whoever violates any provision of this Part shall be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.

#### **PART VI** FLOUR AND BREAD

#### **SUBPART A** ENRICHMENT

##### **§ 40:781** Definitions {#sec-40-781 omnilex-key=us-la-statutes--rs-title-40--40:781}

As used in this Part, unless the context clearly indicates otherwise, the following
terms shall have the meanings ascribed to them in this Section:

(1) "Appropriate federal agency" means the Federal Security Agency or any agency
or department or administrative federal officer charged with the enforcement and
administration of the Federal Food, Drug, and Cosmetic Act.

(2) "Bread" means bread of every kind and description made wholly or partly from
wheat flour, which conforms to the definition and standard of identity of bread as
promulgated by the Federal Security Agency. The term does not include bread containing
no wheat flour or breads made from whole wheat flour.

(3) "Enrichment", as applied to flour or bread, means the addition thereto of vitamins
and other ingredients of the nature required by this Subpart; and the terms "enriched flour"
and "enriched bread", (as defined in the regulations of the Food and Drug Administration,
Federal Security Agency) means flour or bread, as the case may be, which has been enriched
to conform to the requirements of this Subpart.

(4) "Flour" means flour of every kind and description made wholly or partly from
wheat, which conforms to the definition and standard of identity of flour, white flour, wheat
flour, and plain flour, as promulgated by the Federal Security Agency. The term does not
include whole wheat flour made only from the whole wheat berry with no part thereof
removed, and special packaged flours not used for bread baking, such as cake, pancake,
cracker, and pastry flours.

(5) "Secretary" means the secretary of the Louisiana Department of Health,
hereinafter referred to in this Part as the "department."

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.*

##### **§ 40:782** Rules and regulations {#sec-40-782 omnilex-key=us-la-statutes--rs-title-40--40:782}

The department shall make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Subpart, including, but without being limited to, such orders, rules, and regulations as it is specifically authorized and directed to make in this Subpart.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:783** Publication of rules, orders, notices; effective date {#sec-40-783 omnilex-key=us-la-statutes--rs-title-40--40:783}

A. Whenever publication of any notice, order, rule, or regulation is required under this Subpart, it shall be made at least three times in ten days in newspapers of general circulation in three different sections of the state.

B. Within the limits specified in this Section, these notices, orders, rules, and regulations shall become effective on the date fixed by the department.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:784** Exemptions from Subpart {#sec-40-784 omnilex-key=us-la-statutes--rs-title-40--40:784}

This Subpart does not apply to:

(1) Flour sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the sellers a certificate of intent, on a form prescribed by the secretary, certifying that the flour shall be used only in the production of flour or bread enriched, within the given establishment, to meet the requirements of this Subpart or shall be used in the manufacture of products other than flour or bread. No purchaser furnishing this certificate of intent shall use the unenriched flour so purchased in any manner other than as stated in the certificate.

(2) Flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or a mixture of various portions of the wheat berry, these products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this Subpart.

(3) Flour ground for the wheat producer when the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill manufactures toll wheat into flour and sells or offers for sale this flour. In the latter case, this Subpart is applicable.

(4) Farmers in exchanging their wheat for flour or having it ground into flour and disposing of it for their own use or for the use of farm labor on their farms.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:785** Vitamin content and other ingredients in flour {#sec-40-785 omnilex-key=us-la-statutes--rs-title-40--40:785}

A. No person shall manufacture, mix, compound, sell, or offer for sale for human consumption in this state any flour unless the following vitamins and other ingredients are contained in each pound thereof:

Not less than 1.66 milligrams of vitamin B1 (thiamin); not less than 6 milligrams of nicotinic acid (also recognized under the name of niacin) or nicotinic acid amide (also known under the name of niacin amide); and not less than 6 milligrams of iron.

B. The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to the federal definition of enriched flour.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:786** Enrichment of flour; methods {#sec-40-786 omnilex-key=us-la-statutes--rs-title-40--40:786}

The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, or by a combination of these methods or by any method which is permitted by the Federal Security Agency with respect to flour introduced into interstate commerce.

If other vitamins or minerals than those provided for in R.S. 40:785 are added to flour, they shall be added only in accordance with the regulations of the Federal Security Agency.

Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.

##### **§ 40:787** Vitamin content and other ingredients in bread {#sec-40-787 omnilex-key=us-la-statutes--rs-title-40--40:787}

A. No one shall manufacture, bake, sell, offer for sale, or receive in interstate shipment for sale for human consumption in this state any bread unless the following vitamins and other ingredients are contained in each pound thereof:

Not less than 1 milligram of vitamin Bl (thiamin); not less than 4 milligrams of nicotinic acid (niacin) or nicotinic acid amide (niacin amide); and not less than 4 milligrams of iron.

B. The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to the federal definition of enriched bread.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:788** Enrichment of bread; methods {#sec-40-788 omnilex-key=us-la-statutes--rs-title-40--40:788}

The enrichment of bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which meets the requirements of R.S. 40:787.

Iron shall be added only in forms that are assimilable and harmless and which do not impair the enriched bread.

##### **§ 40:789** Labeling {#sec-40-789 omnilex-key=us-la-statutes--rs-title-40--40:789}

No one shall sell or offer for sale in this state any enriched flour or enriched bread which is not labeled in accordance with Part I of this Chapter and regulations thereunder and with the Federal Food, Drug, and Cosmetic Act, and the regulations thereunder governing the labeling of flour or bread introduced into interstate commerce.

##### **§ 40:790** Inspection and analyses {#sec-40-790 omnilex-key=us-la-statutes--rs-title-40--40:790}

The secretary of the department may collect samples for analysis and conduct examinations and investigations for the purposes of this Subpart through any officers or employees under his supervision. All such officers and employees may enter any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held, or any vehicle and inspect any flour, bread, and pertinent equipment, materials, containers, and labeling therein.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:791** Shortage of ingredients; procedure for suspending Subpart {#sec-40-791 omnilex-key=us-la-statutes--rs-title-40--40:791}

A. Upon making a finding that there is an existing or imminent shortage of any ingredient required by R.S. 40:785 and R.S. 40:787, with the result that the sale and distribution of flour and bread may be substantially impeded by the enforcement of this Subpart, the department shall issue an order, effective immediately, permitting the omission of the particular ingredients from flour or bread. When it finds that the shortage no longer exists, it shall issue an order, effective not less than ten days after publication, revoking its first order.

B. The department may make a finding as to the existence or imminence of any such shortage or the cessation thereof in either of the following two ways:

(1) On the basis of an order of or factual information supplied by the Federal Food and Drug Administration or any other federal agency possessed of such information, without a public hearing; or

(2) In the absence of any such order or factual information, after a public hearing, called and held in the following manner. Upon receipt of the sworn statement of any person subject to this Subpart that such a shortage exists or is imminent or has ceased, the department shall, within ten days thereafter and after at least ten days notice, hold a public hearing on the matter. Any interested person may present evidence at this hearing in support of the affidavit and any such finding by the department may be based upon the evidence so presented.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:792** Penalty {#sec-40-792 omnilex-key=us-la-statutes--rs-title-40--40:792}

Whoever violates any of the provisions of this Subpart, or the orders, rules, or regulations promulgated by the department under authority hereof, shall be fined, for each offense, not more than one hundred dollars or imprisoned for not more than thirty days, or both.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

#### **SUBPART B** REGISTRATION OF BRANDS AND TRADE-NAMES OF FLOUR

##### **§ 40:821** Manufacturers and dealers; fees; disposition of fees {#sec-40-821 omnilex-key=us-la-statutes--rs-title-40--40:821}

A. Whoever manufactures for sale within this state or sells or offers or
exposes for sale or exchange any flour or compound intended for use as a
flour, under any name whatsoever, shall first register with the Louisiana
Department of Health hereinafter referred to as the "department," the brand,
style, and trade name and address under which the product is distributed, sold,
or exposed or offered for sale. The fee for registration of each separate and
distinct brand or style shall be not more than five dollars annually.

B. All registration fees collected under the provisions of this Subpart
shall be devoted to the expenses of registration, inspections, and examinations
conducted under the authority of this Subpart and for the enforcement of the
provisions of this Subpart.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:822** Rules and regulations; standards; inspectors {#sec-40-822 omnilex-key=us-la-statutes--rs-title-40--40:822}

A. The department may adopt such rules, regulations, definitions, and standards as are necessary for the efficient enforcement of this Subpart.

B. It may also designate officers or inspectors to make inspections, examinations, and investigations for the enforcement of this Subpart.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:823** Seizure and condemnation of unregistered products {#sec-40-823 omnilex-key=us-la-statutes--rs-title-40--40:823}

Any product which has not been registered with the department as required by this Subpart is liable to seizure and condemnation by the department.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:824** Penalty {#sec-40-824 omnilex-key=us-la-statutes--rs-title-40--40:824}

Whoever violates any of the provisions of this Subpart shall be fined not more than
five hundred dollars or imprisoned for not more than six months, or both.

*Acts 2018, No. 206, §4.*

#### **SUBPART C** SELF-RISING FLOUR

##### **§ 40:851** Contents of self-rising flour {#sec-40-851 omnilex-key=us-la-statutes--rs-title-40--40:851}

Self-rising flour is a combination of flour, salt, and chemical leavening ingredients. The flour shall be of the grade of "straight" or better and the chemical leavening ingredients shall be bicarbonate of soda and either calcium acid, phosphate, sodium, aluminum sulphate, cream of tartar, tartaric acid, or a combination of these.

##### **§ 40:852** Contents of label; required ingredients {#sec-40-852 omnilex-key=us-la-statutes--rs-title-40--40:852}

Whoever manufactures for sale within this state, or whoever sells, or offers or exposes for sale or exchange any self-rising flour or compound intended for use as a self-rising flour, under any name whatsoever, shall securely affix or cause to be securely affixed to the outside of every box, sack, or package containing the flour or compound a label, distinctly printed in plain capital letters and in the English language, containing the name and domicile of the manufacturer or dealer and the percentage by weight of each of the chemical leavening ingredients of the flour or compound.

This self-rising flour or any compound so styled, when sold for use, shall produce not less than one-half of one per cent by weight of available carbon dioxide gas and there shall not be contained therein more than three and one-half per cent of chemical leavening ingredients. Otherwise, the flour or compound shall be considered adulterated.

##### **§ 40:853** Penalty {#sec-40-853 omnilex-key=us-la-statutes--rs-title-40--40:853}

Whoever violates any provision of this Subpart shall be fined not more than five
hundred dollars or imprisoned for not more than six months, or both.

*Acts 2018, No. 206, §4.*

#### **PART VII** MILK, MILK PRODUCTS, AND SUBSTITUTES

#### **SUBPART A** MILK LABELING LAW

##### **§ 40:881** Labeling of milk products; prohibition; definition; enforcement {#sec-40-881 omnilex-key=us-la-statutes--rs-title-40--40:881}

A. The Louisiana Department of Health shall enforce the United States Food and
Drug Administration's standard of identity for milk, as set forth in 21 CFR 131.110, the
Pasteurized Milk Ordinance, and the provisions of this Section to prohibit the sale of plant-based products mislabeled as milk.

B. For purposes of this Section, "milk" means the lacteal secretion, practically free
from colostrum, obtained by the complete milking of one or more healthy cows. Milk that
is in its final packaged form for beverage use shall have been pasteurized, ultra-pasteurized,
or aseptically processed and shall contain not less than eight and one-quarter percent milk
solids not fat and not less than three and one-quarter percent milk fat. Milk may have been
adjusted by separating part of the milk fat therefrom or by adding thereto cream, concentrated
milk, concentrated low fat milks, dry milk, or dry low fat milks. Milk may be homogenized.
Water shall not be added to milk or any ingredient used in milk. Milk may be flavored with
safe and suitable flavoring ingredients approved by the state health officer. The word "milk"
shall be interpreted to include goat, sheep, water buffalo, camel milk, and the milk of other
hooved mammals.

C. Enforcement of this Section shall commence upon enforcement of the standard
of identity for milk by the United States Food and Drug Administration.

D. The provisions of this Section shall not apply to breast milk.

*Acts 2019, No. 184, §1.*

##### **§ 40:882** to 895. R.S. 40:882 through 895 were redesignated as R.S. 3:4002 through 4015 pursuant to Acts 1985, No. 74, §1. {#sec-40-882 omnilex-key=us-la-statutes--rs-title-40--40:882}

*to 895. R.S. 40:882 through 895 were redesignated as R.S. 3:4002 through 4015 pursuant to Acts 1985, No. 74, §1.*

#### **SUBPART B** STANDARDS; IMPORTATION; LOCAL REGULATION

##### **§ 40:921** Grade A requirements; powdered whole milk and powdered skim milk labeling requirements {#sec-40-921 omnilex-key=us-la-statutes--rs-title-40--40:921}

A. All fluid milk, cream, buttermilk, and milk beverages sold, offered
for sale, or delivered for the purpose of human consumption as such, shall be
Grade A according to specifications in the rules and regulations promulgated
by the Louisiana Department of Health, hereinafter referred to as the
"department"; provided that a person may sell properly labeled milk of a
quality less than Grade A for a period of thirty days under permit from the
department, provided it is labeled as to grade.

B. All powdered whole milk (dry whole milk), powdered skim milk
(nonfat dry milk) and other powdered milk products (dry milk products) in
packages or other containers offered for sale, sold or delivered for the purpose
of human consumption shall be labeled as to grade in a manner sufficient to
inform the purchaser of the grade of the product, the grade to be determined
according to the specifications in the rules and regulations promulgated by the
department, provided that nothing in this Section shall apply to nonfat dry milk
or dry whole milk received from the United States Department of Agriculture
for the purpose of its food distribution programs for schools, institutions and
needy persons.

*Acts 1954, No. 93, §1. Amended by Acts 1956, No. 415, §1; Acts 1964, No. 80, §1, eff. Jan. 1, 1965; Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:922** Rules and regulations prescribing sanitary standard requirements and grade labeling requirements {#sec-40-922 omnilex-key=us-la-statutes--rs-title-40--40:922}

A. The department is hereby empowered and shall hereby have the authority to promulgate rules and regulations prescribing the sanitary standard requirements of all milk sold or offered for sale in this state, provided that no rules and regulations shall be promulgated setting up standards lower than those as set forth in the U.S. Public Health Service Milk Ordinance and Code.

B. The department is hereby empowered and shall have the authority to promulgate rules and regulations prescribing the sanitary standard requirements and grade labeling requirements of all powdered whole milk (dry whole milk), powdered skim milk (nonfat dry milk), and powdered milk products (dry milk products), sold, offered for sale or delivered in this state.

*Acts 1954, No. 93, §1. Amended by Acts 1964, No. 81, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:923** Imported milk and milk products {#sec-40-923 omnilex-key=us-la-statutes--rs-title-40--40:923}

All milk and milk products shipped into this state from another state shall meet the sanitary standards and requirements according to the grade required of the product in which it is used as provided in the rules and regulations promulgated by the department.

*Acts 1954, No. 93, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:924** Revocation or cancellation of permit or license {#sec-40-924 omnilex-key=us-la-statutes--rs-title-40--40:924}

The department shall have the power and authority to revoke or cancel the permit, or license, of any person, firm, or corporation doing business in the state who violates any of the provisions of this Subpart.

*Acts 1954, No. 93, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:925** Municipalities and parishes; standards; powers {#sec-40-925 omnilex-key=us-la-statutes--rs-title-40--40:925}

All municipalities, within their corporate limits, and parishes, outside such limits, shall have the power and authority by ordinance or otherwise to set up standards concerning all milk and milk products sold within their respective jurisdictions higher than the standards prescribed heretofore in this Subpart, and such municipalities and parishes shall have the power and authority to revoke or cancel the permit or license of any person, firm, or corporation doing business within their respective limits who violates any of the provisions of this Subpart, or ordinance, or rule or regulation, or order prescribed by said municipalities or parishes. No rules and regulations shall be promulgated by the department denying any municipality or parish the power and authority provided for in this Section.

*Acts 1954, No. 93, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:926** §§926 to 929 Repealed by Acts 1954, No. 93, §1 {#sec-40-926 omnilex-key=us-la-statutes--rs-title-40--40:926}

*§§926 to 929 Repealed by Acts 1954, No. 93, §1*

#### **SUBPART C** DAIRY STABILIZATION LAW

##### **§ 40:931** §§931 to 938 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975 {#sec-40-931 omnilex-key=us-la-statutes--rs-title-40--40:931}

*§§931 to 938 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975*

#### **SUBPART D** ORDERLY MILK MARKETING (REPEALED)

##### **§ 40:940.1** §§940.1 to 940.23 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975 {#sec-40-940.1 omnilex-key=us-la-statutes--rs-title-40--40:940.1}

*§§940.1 to 940.23 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975*

#### **SUBPART E** MISCELLANEOUS PROVISIONS

##### **§ 40:940.51** Exemption of sales to schools; competitive bids for purchase of milk {#sec-40-940.51 omnilex-key=us-la-statutes--rs-title-40--40:940.51}

A. The sale of milk or milk products, as described in this Part, to any school board
or other governing authority of any elementary or secondary school in this state after July 31,
1974, shall be exempt from any minimum price or other price fixing requirement or
regulation contained in this Part or in any other statute or regulation of any administrative
agency.

B. Every school board in this state is hereby authorized and directed, after July 31,
1974, to advertise for competitive bids for the purchase of milk and milk products for use in
its schools in accordance with the requirements and procedures of the public bid law, R.S.
38:2211 through 2221.

*Added by Acts 1974, No. 349, §1; Acts 2018, No. 206, §4.*

##### **§ 40:940.52** Commercial fisherman's catch; transportation and sale {#sec-40-940.52 omnilex-key=us-la-statutes--rs-title-40--40:940.52}

Notwithstanding any other provision of the law to the contrary, a commercial fisherman shall be exempt from having to possess a "mobile food vendor's permit" while selling his catch directly from either his boat or his place of residence. No commercial fisherman shall be allowed to sell oysters under the provisions of this Section.

*Acts 2003, No. 176, §1.*

#### **PART VIII** MEAT

##### **§ 40:941** Handling of meat not slaughtered under license prohibited; exceptions; penalty {#sec-40-941 omnilex-key=us-la-statutes--rs-title-40--40:941}

A. No butcher or purveyor of food products intended for human
consumption shall, directly or indirectly, purchase, trade, handle, or sell, in any
manner, the carcass or any part thereof of any animal not slaughtered for
human consumption by a licensed butcher or in a licensed slaughterhouse,
packing house, or abattoir.

B. This Section does not apply to persons slaughtering for human
consumption their own animals on their own farm, plantation, or agricultural
premises; or to individuals slaughtering their own animals for the occasional
sale of meat as an incident to some other business, where these individuals are
not otherwise required by law to have a license for the slaughtering or butcher
business.

C. This Section does not apply to the slaughtering of alligators or
nutria, or the field dressing of wild game, which shall be governed by
regulations promulgated by the Louisiana Department of Health, with the
concurrence of both the Louisiana Department of Agriculture and the
Louisiana Department of Wildlife and Fisheries.

D. Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than
thirty days nor more than ninety days, or both.

*Amended by Acts 1995, No. 352, §1, eff. June 16, 1995; Acts 1997, No. 158, §1.*

#### **PART IX** CAUSTIC ALKALI AND OTHER POISONS

##### **§ 40:951** Definitions {#sec-40-951 omnilex-key=us-la-statutes--rs-title-40--40:951}

For purposes of this Part, a caustic alkali is what is commonly known as concentrated lye. Also, for purposes of this Part, a poison is any substance which, when ingested, inhaled or absorbed, or when applied to or injected into the body in relatively small amounts may, by its chemical action, cause damage to structure or disturbance of function.

*Amended by Acts 1968, No. 339, §2, eff. Feb. 1, 1969.*

##### **§ 40:952** Caustic alkali and other poisons; label on container; penalty {#sec-40-952 omnilex-key=us-la-statutes--rs-title-40--40:952}

A. Every container containing a caustic alkali or any other substance poisonous to
the human system or to animals shall bear a label on which is printed or stamped in red ink
the word "poison" and also shall have printed thereon the skull and crossbones.

B. The label on any container containing a caustic alkali shall have printed on it, in
red ink, the antidote for the caustic alkali, in order that first aid may be given in case of
poisoning thereby.

C. Whoever violates this Section shall be fined not less than fifty dollars nor more
than one hundred dollars or imprisoned for not less than ten days nor more than thirty days,
or both.

D. Nothing in this Section shall apply to the containers of a caustic alkali and other
poisons being used or to be used for industrial purposes only or used in the transportation of
a caustic alkali and other poisons for industrial purposes only.

E. The labeling on any container containing amyl nitrite, isopentyl nitrite or any of
their isomers, or butyl nitrite, n-butyl nitrite, isobutyl nitrite or any of their isomers shall have
printed on it, in red ink, the word, "poison" and also shall have printed, thereon, the skull and
crossbones unless labeled for prescription drug use, except where such container containing
amyl nitrite is labeled in accordance with labeling requirements of the Federal Food, Drug
and Cosmetic Law.

*Amended by Acts 1968, No. 339, §2, eff. Feb. 1, 1969; Acts 1978, No. 140, §1; Acts 2018, No. 206, §4.*

##### **§ 40:953** Seizure {#sec-40-953 omnilex-key=us-la-statutes--rs-title-40--40:953}

Any article or product found in violation of the labeling requirements in R.S. 40:952
shall be subject to seizure and condemnation by the state health officer or by any duly
authorized representative he designates for that purpose.

*Added by Acts 1978, No. 140, §1; Acts 2018, No. 206, §4.*

#### **PART X** UNIFORM CONTROLLED DANGEROUS SUBSTANCES LAW

##### **§ 40:961** Definitions {#sec-40-961 omnilex-key=us-la-statutes--rs-title-40--40:961}

As used in this Part, the following terms have the meaning ascribed to them in this
Section unless the context clearly indicates otherwise:

(1) "Addict" means a drug dependent person who habitually uses any narcotic drugs
as to have lost the power of self-control with reference to his use of said drugs.

(2) "Administer" means to deliver under the auspices of a registered practitioner a
controlled dangerous substance to the ultimate user or human research subject by injection,
or for inhalation, or ingestion, or by any other means except where otherwise provided by
law.

(3) "Agent" means an authorized person who acts on behalf of or at the direction of
a manufacturer, distributor, or dispenser but does not include a common or contract carrier,
public warehouseman, or employee thereof.

(4) "Aggregate" means the gross weight of an exhibit of evidence.

(5) "Apothecary" means a licensed pharmacist as defined by the laws of this state
and, where the context so requires, the owner of the store or other place of business where
narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this
Part shall be construed as conferring on a person who is not registered nor licensed as a
pharmacist any authority, right or privilege that is not granted to him by the pharmacy laws
of this state.

(6) "Cannabis" includes all parts of plants of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of such plant, and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or
resin, but shall not include the mature stalks of such plant, fiber produced from such stalks,
oil or cake made from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil, or cake or the sterilized seed of such plant which is incapable of
germination.

(7) "Control" means to add a drug or other substance, or immediate precursor, to a
schedule under R.S. 40:964, whether by transfer from another schedule or otherwise.

(8) "Controlled dangerous substance" means any substance defined, enumerated, or
included in federal or state statute or regulations, 21 CFR 1308.11 through 1308.15 or R.S.
40:964, or any substance which may hereafter be designated as a controlled dangerous
substance by amendment of supplementation of such regulations or statute. The term shall
not include distilled spirits, wine, malt beverages, or tobacco.

(9) "Controlled substance analogue" means a substance the chemical structure of
which is substantially similar to the chemical structure of a controlled dangerous substance
in Schedule I or II of R.S. 40:964; which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous
substance in Schedule I or II; or with respect to a particular person, which such person
represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled dangerous substance in
Schedule I or II. Such term shall not include any substance for which there is an approved
new drug application; with respect to a particular person any substance, if an exemption is
in effect for investigational use, for that person, under the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such
exemption; or any substance to the extent not intended for human consumption before an
exception takes effect with respect to that substance.

(10) "Counterfeit controlled dangerous substance" means a controlled dangerous
substance which, without authorization, bears the trademark, trade name or other identifying
mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or
dispenser other than the person or persons who in fact manufactured, distributed, or
dispensed such substance and which thereby falsely purports or is represented to be the
product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.

(11) "Deliver" or "delivery" means the transfer of a controlled dangerous substance
whether or not there exists an agency relationship.

(12) "Dentist" means a person licensed and authorized by law to practice dentistry
in this state.

(13) "Depressant" means a drug which contains any quantity of barbituric acid or any
of the salts of barbituric acid; or any derivatives of barbituric acid; or any substance listed
in Schedule I(D), Schedule II(D) or Schedule III(B) of R.S. 40:964, or which has been
designated by the secretary of the Louisiana Department of Health as habit forming because
of its depressant effect on the central nervous system.

(14) "Dispense" means to deliver a controlled dangerous substance to the ultimate
user or human research subject by or pursuant to the lawful order of a practitioner, including
the packaging, labeling, or compounding necessary to prepare the substance for such
delivery.

(15) "Distribute" means to deliver a controlled dangerous substance whether by
physical delivery, administering, subterfuge, furnishing a prescription, or by filling,
packaging, labeling or compounding the substance pursuant to the lawful order of a
practitioner.

(16) "Distributor" means a person who delivers a controlled dangerous substance as
herein defined.

(17) "Drug" means:

(a) Articles recognized in the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any
supplement to any of them.

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals.

(c) Articles other than food intended to affect the structure of any function of the
body of man or other animals.

(d) Articles intended for use as a component of any article specified in Subparagraph
(a), (b), or (c) of this Paragraph, but does not include devices or their components, parts, or
accessories.

(18) "Drug dependent person" means a person who is using a controlled dangerous
substance and who is in a state of psychic or physical dependence, or both, arising from
administration of that controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other responses which include a strong
compulsion to take the substance on a continuous basis in order to experience its psychic
effects, or to avoid the discomfort of its absence.

(19) "Drug Enforcement Administration" means the Drug Enforcement
Administration, United States Department of Justice or its successor.

(20) "Hallucinogen" means a drug which contains any quantity of LSD (Lysergic
acid diethylamide), its isomers, salts, salts of isomers, or any quantity of a substance listed
in Schedule I(C) of R.S. 40:964, or any substance which the secretary of the Louisiana
Department of Health after investigation has found to have, and by regulation designates as
having, a potential for abuse because of its depressant or stimulant effect on the central
nervous system, or hallucinogenic effect.

(21) "Imitation controlled dangerous substance" means a noncontrolled substance
which by appearance or operation, including color, shape, size, markings, or packaging, or
by representations made, or by its pharmacological effect, would lead a reasonable person
to believe that the substance is a controlled dangerous substance.

(22) "Immediate precursor" means a substance which the secretary of the Louisiana
Department of Health has found to be and by regulation designates as being the principal
compound commonly used or produced primarily for use, and which is an immediate
chemical intermediary used or likely to be used in the manufacture of a controlled dangerous
substance, the control of which is necessary to prevent, curtail, or limit such manufacture.

(23) "Industrial hemp" means the plant Cannabis sativa and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, and
salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration
of not more than 0.3 percent on a dry weight basis and cultivated and processed in
accordance with the U.S. Agriculture Improvement Act of 2018, or the plan submitted by the
Department of Agriculture and Forestry that is in compliance with U.S. Department of
Agriculture rules.

(24) "Isomers" refers to optical isomers and/or stereoisomers and mixtures thereof,
unless specifically excepted in this Part. Optical isomers or stereoisomers are molecules
which differ from each other only in the way the constituent atoms are oriented in space.

(25) "Legend drug" means any drug or drug product bearing on the label of the
manufacturer or distributor, as required by the federal Food and Drug Administration, the
statement "Caution: Federal law prohibits dispensing without prescription".

(26) "Manufacture" means the production, preparation, propagation, compounding,
or processing of a controlled dangerous substance, either directly or indirectly by extraction
from substances of natural origin, or independently by means of chemical synthesis, or by
a combination of extraction and chemical synthesis. Manufacturer includes any person who
packages, repackages, or labels any container of any controlled dangerous substance, except
practitioners who dispense or compound prescription orders for delivery to the ultimate
consumer.

(27)(a) "Marijuana" means all parts of plants of the genus Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or
resin.

(b) "Marijuana" shall not include the following:

(i) Industrial hemp that is in the possession, custody, or control of a person who
holds a license issued by the Department of Agriculture and Forestry, or is cultivated and
processed in accordance with the U.S. Agriculture Improvement Act of 2018.

(ii) The mature stalks of plants of the genus Cannabis, fiber produced from such
stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of
germination.

(iii) Cannabinoids when contained in a drug product approved by the United States
Food and Drug Administration.

(28) "Narcotic drug" means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) Opium, coca leaves, and opiates.

(b) A compound, manufacture, salt, derivatives, or preparation of opium, coca
leaves, or opiates.

(c) A substance and any compound, manufacture, salt, derivative, or preparation
thereof which is chemically identical with any of the substances referred to in Subparagraphs
(a) and (b) of this Paragraph, except that the words "narcotic drug" as used in this Part shall
not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain
cocaine or ecgonine.

(29) "Nitrogen-heterocyclic analog" means a nitrogen-heterocyclic analog of a
synthetic cannabinoid which has a single carbon atom in a cyclic structure of a compound
replaced by a nitrogen atom.

(30) "Opiate" means any dangerous substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of conversion into a drug
having such addiction-forming or addiction-sustaining liability. It does not include, unless
specifically designated as controlled under R.S. 40:963, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic
and levorotatory forms.

(31) "Opium poppy" means the plant of the species Papaver somniferum, except the
seeds thereof.

(32) "Person" includes any institution whether public or private, hospitals or clinics
operated by the state or any of its political subdivisions, and any corporation, association,
partnership, or one or more individuals.

(33) "Physical dependence" means a physiologic state of neuroadaptation which is
characterized by the emergence of a withdrawal syndrome if drug use is stopped or decreased
abruptly, or if an antagonist is administered. Physical dependence is an expected result of
opioid use. Physical dependence, by itself, does not equate with addiction.

(34) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
mowing.

(35) "Practitioner" means a physician, dentist, veterinarian, scientific investigator,
pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to, or administer a controlled dangerous substance
in the course of professional practice or research in this state.

(36) "Prescribe" means to issue a written request or order for a controlled dangerous
substance by a person licensed under this Part for a legitimate medical purpose. The act of
prescribing must be in good faith and in the usual course of the licensee's professional
practice.

(37) "Prescription" means a written request for a drug or therapeutic aid issued by
a licensed physician, dentist, veterinarian, osteopath, or podiatrist for a legitimate medical
purpose, for the purpose of correcting a physical, mental, or bodily ailment, and acting in
good faith in the usual course of his professional practice.

(38) "Production" includes the manufacture, planting, cultivation, growing, or
harvesting of a controlled dangerous substance.

(39) "Secretary" means the secretary of the Louisiana Department of Health or his
successor.

(40) "State" means the state of Louisiana.

(41) "Stimulant" means a drug which contains a quantity of amphetamine or any of
its isomers; any salt of amphetamine or any salt of an isomer of amphetamine; or any
substance listed in Schedules II(C) or III(A) of R.S. 40:964, or any substance which the
secretary of the Louisiana Department of Health after investigation, has found to be and by
regulation designated as habit forming because of its stimulant effect on the central nervous
system.

(42) "Substance abuse" or "addiction" means a compulsive disorder in which an
individual becomes preoccupied with obtaining and using a substance, despite adverse social,
psychological, or physical consequences, the continued use of which results in a decreased
quality of life. The development of controlled dangerous substance tolerance or physical
dependence does not equate with substance abuse or addiction.

(43) "Third-party logistics provider" means a person who provides or coordinates
warehousing, facilitation of delivery, or other logistic services for a legend drug or legend
device in interstate and intrastate commerce on behalf of a manufacturer, distributor, or
dispenser of a legend drug or legend device but does not take ownership of the legend drug
or legend device nor have responsibility to direct the sale or disposition of the legend drug
or legend device.

(44) "Tolerance" means the physiologic state resulting from regular use of a drug in
which an increased dosage is needed to produce the same effect or a reduced effect is
observed with a constant dose. Controlled dangerous substance tolerance refers to the need
to increase the dose of the drug to achieve the same level of analgesia. Controlled dangerous
substance tolerance may or may not be evident during controlled dangerous substance
treatment.

(45) "Ultimate user" means a person who lawfully possesses a controlled dangerous
substance for his own use or for the use of a member of his household or for administration
to an animal owned by him or by a member of his household.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §1; Acts 1975, No. 700, §1; Acts 1977, No. 649, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1992, No. 1059, §1; Acts 1993, No. 154, §1; Acts 1994, 3rd Ex. Sess., No. 34, §1; Acts 2003, No. 761, §1; Acts 2004, No. 698, §1; Acts 2013, No. 8, §1; Acts 2017, No. 100, §1; Acts 2018, No. 186, §1; Acts 2018, No. 186, §1; Acts 2018, No. 677, §1; Acts 2019, No. 354, §1; Acts 2021, No. 96, §1, eff. June 4, 2021; Acts 2022, No. 271, §4.*

##### **§ 40:961.1** Industrial hemp exemption {#sec-40-961.1 omnilex-key=us-la-statutes--rs-title-40--40:961.1}

A. Notwithstanding the definitions provided for in R.S. 40:961(6) and (27), the
provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial
hemp or consumable hemp products that are possessed, stored, cultivated, trimmed, dried,
cured, and transported by a licensee in accordance with Part V of Chapter 10-A of Title 3 of
the Louisiana Revised Statutes of 1950 or that are processed, distributed, sold, or offered to
be sold by a permittee in accordance with Part VI of Chapter 10-A of Title 3 of the Louisiana
Revised Statutes of 1950.

B. Nothing in this Part shall be construed to prohibit the transportation and shipment
of federally compliant hemp products through the state to the limited extent currently
provided by federal law. For the purposes of this Section, "through the state" means from
one geographic boundary of the state to another geographic boundary of the state.

*Acts 2019, No. 164, §2, eff. June 6, 2019; Acts 2022, No. 498, §2, eff. June 16, 2022; Acts 2025, No. 233, §2.*

##### **§ 40:962** Authority to control {#sec-40-962 omnilex-key=us-la-statutes--rs-title-40--40:962}

A. All controlled dangerous substances listed in R.S. 40:964 are hereby controlled.

B. The secretary shall add a substance as a controlled dangerous substance if it is
classified as a controlled dangerous substance by the Drug Enforcement Administration of
the United States government.

C. The secretary may by rule add to the schedules provided in R.S. 40:964 any drug
or other substance if he finds that such drug or other substance has a high potential for abuse,
and after such a finding by the secretary, the drug shall be added in the appropriate schedule
under the criteria provided under R.S. 40:963. In making a finding that a drug or other
substance has a high potential for abuse, the secretary shall consider the following factors
with respect to each drug or other substance proposed to be controlled:

(1) Its actual or relative potential for abuse.

(2) Scientific evidence of its pharmacological effect, if known.

(3) State of current scientific knowledge regarding the substance.

(4) Its history and current pattern of abuse.

(5) Its scope, duration and significance of abuse.

(6) What, if any, risk there is to public health.

(7) Its psychic or physiological dependence liability.

(8) Whether the substance is an immediate precursor of a substance already
controlled by this Section.

D. In an adjudication, the secretary may transfer a controlled substance from one
schedule to another schedule upon the basis of a finding that the characteristics of the
controlled drug or substances are such that under the criteria in R.S. 40:963 the controlled
substances should be transferred or that a transfer of any substance listed under R.S. 40:964
from one schedule to another schedule should be made in order to conform with the schedule
in which the drug is placed by the Drug Enforcement Administration of the United States
government.

E. If the secretary designates a substance as an immediate precursor, substances
which are precursors of the controlled precursor shall not be subject to control solely because
they are precursors of the controlled precursor.

F. The secretary shall exclude any nonnarcotic substance from a schedule if the
substance may, under the Federal Food, Drug, and Cosmetic Act and the law of this state, be
lawfully sold over the counter without a prescription.

G. The reclassification of any controlled dangerous substance or its transfer from one
schedule to another by the secretary or the state health officer shall not affect the penalties
provided by this Part.

H. If the scheduling of a substance in Schedule I is necessary to avoid an imminent
peril to the public health, safety, or welfare, the secretary may adopt an emergency rule
adding the substance to Schedule I pursuant to R.S. 49:962. In determining whether the
substance poses an imminent peril to the public health, safety, or welfare, the secretary shall
consider the factors set forth in Paragraphs (C)(4), (5), and (6) of this Section.

I. The secretary may by rule delete any drug or other substance from the schedules
provided in R.S. 40:964 if the drug or other substance is no longer classified as a controlled
dangerous substance by the United States Drug Enforcement Administration.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 649, §1; Acts 1978, No. 717, §1; Acts 1994, 3rd Ex. Sess., No. 34, §2; Acts 2018, No. 206, §4; Acts 2021, No. 96, §1, eff. June 4, 2021; Acts 2021, No. 211, §10.*

##### **§ 40:962.1** Ephedrine products {#sec-40-962.1 omnilex-key=us-la-statutes--rs-title-40--40:962.1}

A. Except as provided in Subsection B of this Section, any product that contains any
quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an
optical isomer of ephedrine may be dispensed only upon the prescription of a duly licensed
practitioner authorized by the laws of the state to prescribe prescription drugs.

B. The following products containing ephedrine shall be exempt from the provisions
of Subsection A of this Section provided that such product may lawfully be sold over the
counter without a prescription under the federal Food, Drug, and Cosmetic Act, is labeled
and marketed in a manner consistent with the pertinent OTC Tentative Final or Final
Monograph, and is manufactured and distributed for legitimate medicinal use in a manner
that reduces or eliminates the likelihood of abuse:

(1) Solid oral dosage forms (including soft gelatin caplets) that combine active
ingredients in the following ranges for each dosage unit:

(a) Theophylline (100-130 mg), Ephedrine (12.56-24 mg).

(b) Theophylline (60-100 mg), Ephedrine (12.5-24 mg), Guaifenesin (200-400 mg).

(c) Ephedrine (12.5-25 mg), Guaifenesin (200-400 mg).

(d) Phenobarbital (not greater than 8 mg) in combination with ingredients of
Subparagraph (a) or (b) of this Paragraph.

(2) Liquid oral dosage forms that combine active ingredients in the following ranges
for each (5 ml) dose:

(a) Theophylline (not greater than 45 mg), Ephedrine (not greater than 36 mg),
Guaifenesin (not greater than 100 mg), Phenobarbital (not greater than 12 mg).

(b) Phenylephephrine (not greater than 5 mg), Ephedrine (not greater than 5 mg),
chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg),
ammonium C1 (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml).

(3) Anorectal preparations containing less than five percent ephedrine.

(4) Any liquid compound, mixture, or preparation containing one-half percent or less
of ephedrine.

C. The marketing, advertising, or labeling of any nonprescription product containing
ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer
of ephedrine for the indication of stimulation, mental alertness, weight loss, appetite control,
or energy is prohibited. The Louisiana Department of Health, office of public health is
authorized to adopt rules and regulations in accordance with the Administrative Procedure
Act to exempt other nonprescription products from the prohibition contained herein. Such
rules and regulations shall require a distributor or manufacturer seeking an exemption from
the prohibition contained herein to clearly demonstrate that the nonprescription product is
intended for use for a valid medicinal purpose and that the marketing of that product does
not encourage, promote, or abet the abuse or misuse of ephedrine. In addition, such rules and
regulations shall include the following factors for purposes of determining whether or not
such an exemption should be granted:

(1) The packing of the product.

(2) The name and labeling of the product.

(3) The manner of distribution, advertising, and promotion of the product.

(4) Verbal representations made concerning the product.

(5) The duration, scope, and significance of abuse or misuse of the particular
product.

D. Whoever violates any provision of this Section shall be fined not more than one
thousand dollars or imprisoned for not more than six months, or both.

E. Notwithstanding any provision of law to the contrary, unless listed in another
schedule, any product that contains any quantity of ephedrine, a salt of ephedrine, an optical
isomer of ephedrine, or a salt of an optical isomer of ephedrine is a Schedule V controlled
dangerous substance and shall be dispensed, sold, or distributed only in accordance with the
provisions of R.S. 40:1049.1 et seq. Such products shall be exempt from the reporting for
Schedule V drugs as provided for in R.S. 40:1001 et seq.

*Acts 1995, No. 1253, §1, eff. Jan. 1, 1996; Acts 2009, No. 314, §1; Acts 2018, No. 206, §4.*

##### **§ 40:962.1.1** Possession of twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers {#sec-40-962.1.1 omnilex-key=us-la-statutes--rs-title-40--40:962.1.1}

A.(1) It is unlawful for any person to possess twelve grams or more of ephedrine,
pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical
isomers.

(2) It is unlawful for any person to possess ephedrine, pseudoephedrine, or
phenylpropanolamine or their salts, optical isomers, or salts of optical isomers in powder
form unless the weight of the ephedrine, pseudoephedrine, or phenylpropanolamine or their
salts, optical isomers, or salts of optical isomers is less than twelve grams and the powder
is in the manufacturer's original packaging and may be lawfully sold over the counter without
a prescription under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.

B. The provisions of this Section shall not apply to any of the following:

(1) Any person possessing a valid prescription for ephedrine, pseudoephedrine, or
phenylpropanolamine or their salts, optical isomers, and salts of optical isomers.

(2) Any licensed manufacturer, wholesaler, or distributor who sells, transfers, or
otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts,
optical isomers, and salts of optical isomers to any licensed practitioner operating within the
course and scope of that profession.

(3) Any licensed pharmacist or other authorized person who sells or furnishes
ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts
of optical isomers in the course of their professional practice, pursuant to the prescription of
any licensed practitioner.

(4) Any licensed practitioner who administers or furnishes ephedrine,
pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical
isomers in the course of their professional practice.

(5) Any person in possession of ephedrine, pseudoephedrine, or
phenylpropanolamine or their salts, optical isomers, and salts of optical isomers in his
residence under circumstances that are consistent with typical medicinal or household use.
Factors that the court may consider in determining whether the circumstances of the
possession are consistent with typical medicinal or household use include but are not limited
to storage location, purchase date, expiration date, possession of the products in a variety of
strengths, brands, types, or purposes and the health conditions of persons in the residence.

(6) Any manufacturer, wholesaler, distributor, or retail business which sells,
transfers, or otherwise furnishes products to customers for medicinal purposes, which
products contain ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical
isomers, and salts of optical isomers, while acting within the scope and course of that
business.

C. The provisions of this Section shall not apply to any pediatric products primarily
intended for administration, according to label instructions, to children under twelve years
of age provided that:

(1) For any solid dosage form, the individual dosage unit, according to label
instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or
phenylpropanolamine.

(2) For any liquid dosage form, the recommended dosage units, according to label
instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or
phenylpropanolamine per five milliliters of the liquid product.

(3) For any liquid dosage form intended for administration to children under two
years of age, the recommended dosage does not exceed two milliliters and the total package
content is not more than one fluid ounce.

D. Repealed by Acts 2009, No. 314, §2.

E. Whoever violates any provision of this Section shall be fined not more than two
thousand dollars or imprisoned, with or without hard labor, for not more than two years, or
both.

F. Notwithstanding any provision of law to the contrary, unless listed in another
schedule, any product that contains any detectable quantity of ephedrine, pseudoephedrine,
or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers is a
Schedule V controlled dangerous substance and shall be dispensed, sold, or distributed only
in accordance with the provisions of R.S. 40:1049.1 et seq. Such products shall be exempt
from the reporting for Schedule V drugs as provided for in R.S. 40:1001 et seq.

*Acts 2003, No. 1000, §1; Acts 2004, No. 656, §1; Acts 2009, No. 314, §§1 and 2; Acts 2018, No. 206, §4.*

##### **§ 40:962.1.2** Restriction on the sale and purchase of nonprescription products containing dextromethorphan, its salts or optical isomers, and salts of optical isomers {#sec-40-962.1.2 omnilex-key=us-la-statutes--rs-title-40--40:962.1.2}

A.(1) It shall be unlawful to sell a nonprescription material, compound, mixture, or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers to any person under the age of eighteen.

(2) It shall be unlawful for any person under the age of eighteen to purchase or attempt to purchase a nonprescription material, compound, mixture, or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers.

B.(1) A nonprescription material, compound, mixture, or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers shall not be sold unless the purchaser submits a valid, current form of photo identification issued by the state of Louisiana, another state, or the government of the United States, including but not limited to a driver's license, military identification card, state identification card, or passport.

(2) Each form of identification shall on its face establish the age of the person as eighteen years or older, and there must be no reason to doubt the authenticity or correctness of the identification. No form of identification shall be accepted as proof of age if it is expired, defaced, mutilated, or altered. If the state identification card or lawful identification submitted is a duplicate, the person shall submit additional information which contains the name, date of birth, and photograph of the person.

C. The provisions of this Section shall not apply to a compound, mixture, or preparation containing any detectable quantity of dextromethorphan which is dispensed pursuant to a valid prescription from a licensed practitioner with prescriptive authority.

D.(1) A person who violates the provisions of this Section by selling a nonprescription compound, mixture, or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers shall be fined not more than fifty dollars for the first violation. The penalties for subsequent violations shall include a fine of not more than one hundred dollars for the second violation and a fine of not more than one hundred fifty dollars for the third and any subsequent violation.

(2) A person who violates the provisions of this Section by purchasing or attempting to purchase a nonprescription compound, mixture, or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers shall be fined not more than fifty dollars for a first violation and not more than two hundred dollars for a second or subsequent violation.

E. The legislature hereby recognizes the need for uniformity in the sales of nonprescription compounds, mixtures, or preparations containing any detectable quantity of dextromethorphan, its salts or optical isomers, and salts of optical isomers. Therefore, the provisions of this Section shall supersede and preempt any rule, regulation, code, statute, or ordinance of any political subdivision or other unit of local government that attempts to regulate the sale or purchase of nonprescription compounds, mixtures, or preparations containing any detectable quantity of dextromethorphan, its salts or optical isomers, and salts of optical isomers.

*Acts 2014, No. 176, §1.*

##### **§ 40:962.2** Abortion-inducing drugs; restrictions of sales; exceptions; penalties {#sec-40-962.2 omnilex-key=us-la-statutes--rs-title-40--40:962.2}

A. Except as provided in R.S. 40:1061.11, no abortion-inducing drug may be sold,
prescribed, dispensed, distributed, or delivered in this state in violation of this Section.

B. Notwithstanding any other provision of law to the contrary, delivery to a person
in Louisiana by mail-order, courier, or as a result of a sale made via the internet in violation
of this Section is strictly prohibited.

C.(1) The Louisiana Department of Health may promulgate rules pursuant to the
Administrative Procedure Act to provide for exemptions from this Section for products using
an abortion-inducing drug which are distributed for other purposes that do not include
causing an abortion.

(2) A physician or other healthcare provider who is licensed to prescribe medications
or drugs that are subject to the provisions of Paragraph (1) of this Subsection shall write a
diagnosis or a diagnosis code on the prescription that clearly indicates that the prescription
is not intended to cause an abortion in violation of this Section.

D.(1) Whoever violates any provision of this Section shall be fined not more than
one thousand dollars or imprisoned for not more than six months, or both.

(2) Each instance of a sale or distribution of an abortion-inducing drug shall be
considered a separate offense for purposes of the penalties provided in Paragraph (1) of this
Subsection.

E. Possessing for her own consumption or consuming an abortion-inducing drug by
a pregnant woman in violation of this Section shall not subject the pregnant woman to the
criminal consequences.

F. Any act by a licensed pharmacist or pharmacy related to filling a prescription for
a drug, medicine, or other substance prescribed for a bona fide medical reason shall not
subject the pharmacist or the pharmacy to the criminal consequences of this Section. A
diagnosis or a diagnosis code shall be written on the prescription by the prescriber indicating
that the drug, medicine, or other substance is intended for a purpose other than to cause an
abortion in violation of this Section.

*Acts 2022, No. 548, §2.*

##### **§ 40:963** Schedules of controlled dangerous substances {#sec-40-963 omnilex-key=us-la-statutes--rs-title-40--40:963}

There are established five schedules of controlled substances, to be known as
Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed
in R.S. 40:964. In determining that a substance is to be added to these schedules, the
secretary shall find the following:

A. As to Schedule I:

(1) The drug or other substance has a high potential for abuse.

(2) The drug or other substance has no currently accepted medical use in treatment
in the United States, and

(3) There is a lack of accepted safety for use of the drug or other substance under
medical supervision.

B. As to Schedule II:

(1) The drug or other substance has a high potential for abuse.

(2) The drug or other substance has a currently accepted medical use in treatment in
the United States or a currently accepted medical use with severe restrictions, and

(3) Abuse of the drug or other substances may lead to severe psychological or
physical dependence.

C. As to Schedule III:

(1) The drug or other substance has a potential for abuse less than the drugs or other
substances listed in Schedules I and II.

(2) The drug or other substance has a currently accepted medical use in treatment in
the United States, and

(3) Abuse of the drug or other substance may lead to moderate or low physical
dependence or high psychological dependence.

D. As to Schedule IV:

(1) The drug or other substance has a low potential for abuse relative to the drugs or
other substances listed in Schedule III.

(2) The drug or other substance has a currently accepted medical use in treatment in
the United States, and

(3) Abuse of the drug or other substance may lead to limited physical dependence
or psychological dependence relative to the drugs or other substances listed in Schedule III.

E. As to Schedule V:

(1) The drug or other substance has a low potential for abuse relative to the drugs or
other substances listed in Schedule IV.

(2) The drug or other substance has a currently accepted medical use in treatment in
the United States, and

(3) Abuse of the drug or other substance may lead to limited physical dependence
or psychological dependence relative to the drugs or other substances listed in Schedule IV.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 649, §1; Acts 2018, No. 206, §4.*

##### **§ 40:964** Composition of schedules {#sec-40-964 omnilex-key=us-la-statutes--rs-title-40--40:964}

Schedules I, II, III, IV, and V shall, unless and until added pursuant to R.S. 40:962,
consist of the following drugs or other substances, by whatever official name, common or
usual name, chemical name, or brand name designated:

SCHEDULE I

A. Opiates. Unless specifically excepted or unless listed in another schedule, any
of the following opiates, including their isomers, esters, ethers, salts, or salts of isomers,
esters, and ethers, whenever the existence of such isomers, esters, ethers, or salts is possible
within the specific chemical designation:

*(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide)

*(2) Acetylmethadol

*(3) Acrylfentanyl (N-[1-(2-phenylethyl)piperidin-4-yl]-N-phenylacrylamide)

*(4) Allylprodine

*(5) Alphacetylmethadol (except levo-alphacetylmethadol, also known as
levomethadyl acetate, or LAAM)

*(6) Alphameprodine

*(7) Alphamethadol

(8) alpha'-methyl butyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-yl)

-N-phenylbutanamide)

*(9) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine)

*(10) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide)

*(11) Benzethidine

*(12) Betacetylmethadol

*(13) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide)

*(14) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide)

(15) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide)

*(16) Betameprodine

*(17) Betamethadol

(18) beta-methylfentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propanamide)

(19) beta-phenylfentanyl (N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide)

*(20) Betaprodine

(21) Brorphine (1-(1-(1-(4-bromophenyl) ethyl) piperidin-4-yl)-1,3-
dihydro-2H-benzimidazol-2-one)

(22) Butonitazene (N,N-diethyl-2-[(4-butoxyphenyl)methyl]-5-nitro-1H-
benzimidazole-1-ethanamine)

(23) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide)

*(24) Clonitazene

(25) Crotonyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide)

(26) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide)

*(27) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-y1)-N-phenylcyclopropanecarboxamide)

*(28) Dextromoramide

*(29) Diampromide

*(30) 3,4-Dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]-benzamide (AH-7921)

*(31) Diethylthiambutene

*(32) Difenoxin

*(33) Dimenoxadol

*(34) Dimepheptanol

(35) 2',5'-dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidine-

4-yl)-N-phenylpropionamide)

*(36) Dimethylthiambutene

*(37) Dioxaphetyl butyrate

*(38) Dipipanone

*(39) Ethylmethylthiambutene

(40) Etodesnitazene (N,N-diethyl-2-[(4-ethoxyphenyl)methyl]-1H-

benzimidazole-1-ethanamine)

*(41) Etonitazene

(42) Etonitazepipne (2-[(4-ethoxyphenyl)methyl]-5-nitro-1-[2-(piperidin-1-yl)ethyl]-1H-benzimidazole)

*(43) Etoxeridine

(44) Fentanyl carbamate (ethyl(1-phenethylpiperidin-4-yl)(phenyl) carbamate)

(45) Flunitazene (N,N-diethyl-2-(4-fluorophenyl)methyl]-5-nitro-1H-
benzimidazole-1-ethanamine)

(46) 4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide)

(47) 2-fluoro-orthofluorofentanyl (N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propanamide)

*(48) Furanylfentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide)

*(49) Furethidine

*(50) Hydroxypethidine

(51) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide)

(52) Isotonitazene (N,N-diethyl-2-[(4-isopropoxyphenyl)methyl]-5-nitro-
1H-benzimidazole-1-ethanamine)

*(53) Ketobemidone

*(54) Levomoramide

*(55) Levophenacylmorphan

(56) Methoxyacetylfentanyl (2-methoxy-N-[1-(2-phenylethyl)piperidin-4-yl]-N-phenylacetamide)

(57) 4-methylacetylfentanyl (N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide

(58) 2-Methyl AP-237 (1-(2-methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1-one)

*(59) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide)

*(60) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide)

(61) Metodesnitazene (N,N-diethyl-2-[(4-methoxyphenyl)methyl]-1H-

benzimidazole-1-ethanamine)

(62) Metonitazene (N,N-diethyl-2-[(4-methoxyphenyl)methyl]-5-nitro-1H-
benzimidazole-1-ethanamine)

*(63) Morpheridine

*(64) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine)

(65) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine)

(66) N-Desethyl isotonitazene (N-ethyl-2-[(4-isopropoxyphenyl)methyl]-5-nitro-1H-benzimidazole-1-ethanamine)

(67) (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) (acetyl fentanyl)

(68) N-pyrrolidino etonitazene (2-[(4-ethoxyphenyl)methyl]-5-nitro-1-

[2-(pyrrolidino-1-yl)ethyl]-1H-benzimidazole)

*(69) Noracymethadol

*(70) Norlevorphanol

*(71) Normethadone

*(72) Norpipanone

(73) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)
acetamide)

(74) Orthofluoroacrylfentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide)

(75) Orthomethylacetylfentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide)

(76) Orthomethylmethoxyacetylfentanyl (2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide)

(77) Para-chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide)

(78) Para-fluorobutyrylfentanyl (N-(4-fluorophenyl)-N-[1-(2-phenylethyl) piperidin-4-yl]butanamide)

*(79) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]
propanamide)

(80) para-fluorofuranylfentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide)

(81) Para-methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide)

(82) para-methoxyfuranyl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-

4-yl)furan-2-carboxamide)

(83) para-methylcyclopropyl fentanyl (N-(4-methylphenyl)-N-

(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide)

(84) para-methylfentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propanamide)

*(85) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperdine)

*(86) Phenadoxone

*(87) Phenampromide

*(88) Phenomorphan

*(89) Phenoperidine

(90) Phenylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide)

*(91) Piritramide

*(92) Proheptazine

*(93) Properidine

*(94) Propiram

(95) Protonitazene (N,N-diethyl-2-[(4-propoxyphenyl)methyl]-5-nitro-1H-
benzimidazole-1-ethanamine)

*(96) Racemoramide

(97) Tetrahydrofuranylfentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]tetrahydrofuran-2-carboxamide)

*(98) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide)

(99) Thiofuranylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene

-2-carboxamide)

*(100) Tilidine

*(101) Trimeperidine

*(102) U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide)

(103) U-48800 (2,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methyl-benzeneacetamide)

(104) U-49900 (3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-benzamide)

(105) U-51754 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methyl-benzeneacetamide)

(106) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide)

(107) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)
piperazin-1-yl]-1-phenylpropan-2-ol)

B. Opium derivatives. Unless specifically excepted or unless listed in another
schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation:

*(1) Acetorphine

*(2) Acetyldihydrocodeine

*(3) Benzylmorphine

*(4) Codeine methylbromide

*(5) Codeine-N-Oxide

*(6) Cyprenorphine

*(7) Desomorphine

*(8) Dihydromorphine

*(9) Drotebanol

*(10) Etorphine, except hydrochloride salt

*(11) Heroin

*(12) Hydromorphinol

*(13) Methyldesorphine

*(14) Methyldihydromorphine

*(15) Morphine methylbromide

*(16) Morphine methylsulfonate

*(17) Morphine-N-Oxide

*(18) Myrophine

*(19) Nicocodeine

*(20) Nicomorphine

*(21) Normorphine

*(22) Pholcodine

*(23) Thebacon

C. Hallucinogenic substances. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation, which contains any
quantity of the following hallucinogenic substances, or which contains any of their salts,
isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers
is possible within the specific chemical designation, for purposes of this Subsection only, the
term "isomer" includes the optical, position, and geometric isomers:

(1) Alpha-ethyltryptamine

(2) Alphamethyltryptamine

(3) 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB)

(4) 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB)

(5) 5-(2-aminopropyl)benzofuran (5-APB)

(6) 6-(2-aminopropyl)benzofuran (6-APB)

(7) 4-bromo-2,5-dimethoxyamphetamine

(8) 4-bromo-2,5-dimethoxyphenethylamine

(9) 4-bromo-2,5-dimethoxyphenethylamine (2C-B)

(10) Bufotenine

(11) 4-chloro-2,5-dimethoxyamphetamine

(12) Deschloroketamine (2-phenyl-2(methylamino) cyclohexanone)

(13) Deschloro-N-ethyl-ketamine (2-(ethylamino)-2-phenylcyclohexan-1-one)

(14) Diethyltryptamine

(15) Diisopropyltryptamine (DIPT)

(16) 2,5-dimethoxy-4-chlorophenethylamine (2C-C)

(17) 2,5-dimethoxy-4-ethylamphetamine

(18) 2,5-dimethoxy-4-ethylphenethylamine (2C-E)

(19) 2,5-dimethoxy-4-ethylthiophenethylamine (2C-T-2)

(20) 2,5-dimethoxy-4-iodophenethylamine (2C-I)

(21) 2,5-dimethoxy-4-isopropylthiophenethylamine (2C-T-4)

(22) 2,5-dimethoxy-4-methylphenethylamine (2C-D)

(23) 2,5-dimethoxy-4-methylthiophenethylamine (2C-T)

(24) 2,5-dimethoxy-4-nitrophenethylamine (2C-N)

(25) 2,5-dimethoxy-4-(n)-propylphenethylamine (2C-P)

(26) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7)

(27) 2,5-dimethoxyamphetamine

(28) 2,5-dimethoxyphenethylamine (2C-H)

(29) Dimethyltryptamine

(30) Ethylamine analog of phencyclidine

(31) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexanone (Methoxetamine)

(32) 4-Fluoroamphetamine (4-FA)

(33) 4-Fluoromethamphetamine (4-FMA)

(34) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DIPT)

(35) 4-hydroxy-N-methyl-N-isopropyltryptamine (4-Hydroxy-MIPT)

(36) Ibogaine

(37) 5-iodo-2-aminoindane (5-IAI)

(38) 4-iodo-2,5-dimethoxyamphetamine

(39) Lysergic acid diethylamide

(40) Marihuana

(41) Mescaline

(42) 5-methoxy-alpha-methyltryptamine (5-MEO-AMT)

(43) 4-methoxyamphetamine

(44) 5-methoxy-3,4-methylenedioxyamphetamine

(45) 5-methoxy-N,N-diallyl-tryptamine (5-MEO-DALT)

(46) 5-methoxy-N,N-diethyltryptamine (5-MEO-DET)

(47) 5-methoxy-N, N-diisopropyltryptamine

(48) 5-methoxy-N,N-dimethyltryptamine (5-MEO-DMT)

(49) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MEO-MIPT)

(50) 4-methyl-2,5-dimethoxyamphetamine

(51) 5-(2-methylaminopropyl)benzofuran (5-MAPB)

(52) 5,6-methylenedioxy-2-aminoindane (MDAI)

(53) 3,4-methylenedioxyamphetamine

(54) 3,4-methylenedioxymethamphetamine (MDMA)

(55) 3,4-methylenedioxy-N-ethylamphetamine

(56) N-ethyl-3-piperidyl benzilate

(57) N-hydroxy-3,4-methylenedioxyamphetamine

(58) N-(2-hydroxybenzyl)-2,5-dimethoxy-4-iodophenethylamine (25I-NBOH)

(59) N-(2-methoxybenzyl)-2,5-dimethoxy-4-bromophenethylamine (25B-NBOMe)

(60) N-(2-methoxybenzyl)-2,5-dimethoxy-4-chlorophenethylamine (25C-NBOMe)

(61) N-(2-methoxybenzyl)-2,5-dimethoxy-4-iodophenethylamine (25I-NBOMe)

(62) N-methyl-3-piperidyl benzilate

(63) Parahexyl, also known as Synhexyl

(64) para-methoxymethamphetamine (PMMA)

(65) Peyote

(66) Psilocybin

(67) Psilocyn

(68) Pyrrolidine analog of phencyclidine

(69) Tetrahydrocannabinols, including synthetic equivalents and derivatives, except
for tetrahydrocannabinols in hemp

(70) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine

(71) Thiophene analog of phencyclidine

(72) 3,4,5-trimethoxy amphetamine

D. Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:

(1) Bromazolam

(2) Clonazolam

(3) Diclazepam

(4) Etizolam

(5) Flualprazolam

(6) Flubromazolam

(7) Gamma-hydroxybutyric acid (GHB)

(8) Mecloqualone

(9) Methaqualone

(10) Phenazepam

E. Stimulants. Unless specifically excepted, or contained within a pharmaceutical
product approved by the United States Food and Drug Administration, or unless listed in
another schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances having a stimulant effect on the central nervous system
including its salts, isomers, esters, or ethers and salts of isomers, esters, or ethers whenever
the existence of such salts, isomers, esters, or ethers and salts of isomers, esters, or ethers is
possible within the specific chemical designation:

(1) Amineptine (7-[(10,11-dihydro-5H-dibenzo [a,d]cyclohepten-5-yl)amino]heptanoic
acid)

(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in any of the following
ways:

(i) By substitution on the phenyl ring to any extent with an alkyl, hydroxyl alkoxy,
alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted on the
phenyl ring by one or more other univalent substituents.

(ii) By substitution at the 3-position with an alkyl substituent.

(iii) By substitution at the 2-amino nitrogen atom with alkyl, cycloalkyl, dialkyl,
benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic
structure.

(3) Aminorex

(4) Cathinone

(5) 4,4-dimethylaminorex (4,4-DMAR)

(6) Ethylphenidate

(7) Fenethylline

(8) Mesocarb (N-phenyl-N'-(3-(1-phenylpropan-2-yl)-
1,2,3-oxadiazol-3-ium-5-yl)carbamimidate)

(9) Methcathinone

(10) Methiopropamine (N-methyl-1-(thiophen-2-yl)propane-2-amine)

(11) (+) *cis* -4-methylaminorex

(12) Naphthylpyrovalerone whether or not further substituted on the naphthyl ring
to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or
not further substituted on the naphthyl ring by one or more other univalent substituents or
whether or not further substituted on the carbon chain at the 3, 4, or 5 position with an alkyl
substituent.

(13) N-Benzylpiperazine (BZP)

(14) N-ethylamphetamine

(15) N,N-dimethylamphetamine

(16) 2-(pyrrolidin-1-yl)-1-(thiophen-2-yl)butan-1-one (Alpha-PBT)

(17) 2-(pyrrolidin-1-yl)-1-(thiophen-2-yl)pentan-1-one (Alpha-PVT)

F. Synthetic cannabinoids. Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and Drug Administration, or
unless listed in another schedule, any material, compound, mixture, or preparation which
contains any quantity of a synthetic cannabinoid found to be in any of the following
individual compounds or chemical groups, or any of those individual compounds or groups
which contain any synthetic cannabinoid salts, isomers, salts of isomers, or nitrogen-heterocyclic analogs, whenever the existence of such salts, isomers, salts of isomers, or
nitrogen-heterocyclic analogs is possible within the specific compounds or chemical groups:

(1) Adamantoylindoles: any compound containing a 3-(1-adamantoyl)indole
structure, whether or not further substituted on the indole ring to any extent or whether or not
substituted on the adamantyl ring to any extent.

(2) Adamantylamidoindoles: Any compound containing a
N-(adamantyl)-1H-indole-3-carboxamide structure, whether or not further substituted on the
indole ring to any extent or whether or not substituted on the adamantyl ring to any extent.

(3) Benzoylindoles: any compound containing a 3-(benzoyl)indole structure, whether
or not substituted on the indole ring to any extent or whether or not substituted on the phenyl
ring to any extent.

(4) Benzylindolecarboxamides: Any compound containing a
N-benzyl-1H-indole-3-carboxamide structure, whether or not further substituted on the
indole ring or whether not substituted on the phenyl ring to any extent.

(5) Butaldehydeamidoindoles: Any compound containing a
N-(1-oxobutan-2yl)-1H-indole-3-carboxamide structure, with or without substitution on the
indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl halide, alkylarylhalide,
cycloalkylmethyl, cycloalkylethyl, alkenyl, haloalkenyl, aliphatic alcohol, hydroxyl, halide,
morpholinoethyl, alkylmorpholinomethyl, alkylpiperidinylmethyl or a
tetrahydropyranylmethyl group, whether or not further substituted on the butaldehyde group
to any extent.

(6) Cumylindolecarboxamides: Any compound containing a
N-(2-phenylpropane-2-yl)-1H-indole-3-carboxamide structure, with or without substitution
on the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl halide, alkylarylhalide,
cycloalkylmethyl, cycloalkylethyl, alkenyl, haloalkenyl, aliphatic alcohol, hydroxyl, halide,
morpholinoethyl, alkylmorpholinomethyl, alkylpiperidinylmethyl or a
tetrahydropyranylmethyl group, whether or not further substituted on the phenyl group to any
extent.

(7) Cyclohexylphenols: any compound containing a 2-(3-hydroxycyclohexyl)phenol
structure, whether or not substituted on the cyclohexyl ring to any extent or whether or not
substituted on the phenyl ring to any extent.

(8) Cyclopropanoylindoles: any compound containing a 3-(cyclopropanoyl)indole
structure, whether or not substituted on the indole ring to any extent or whether or not
substituted on the cyclopropyl ring to any extent.

(9) (1-(5-fluoropentyl)-1H-benzimidazol-2-yl)(naphthalen-1-yl) methanone

(10) 1-(5-fluoropentyl)N-naphthalen-1-yl)-1H-pyrrolo[3,2-c]pyridine-3-

carboxamide

(11) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-B]

pyridine-3-carboxamide [5FCUMYL-P7AICA]

(12) Hexahydrodibenzopyrans whether or not substituted on the tricyclic ring system
to any extent except where contained in cannabis or cannabis resin.

(13) 1-methoxy-3,3-dimethyl-1-oxobutanyl-2yl-(1-cyclohexylmethyl)-
1H-indazole-3-carboxylate

(14) (4-methylpiperazin-1-yl)(1-pentyl-1H-indol-3-yl) methanone

(15) naphthalen-1-yl(9-(5-fluoropentyl)-9H-carbazol-3-yl)methanone

(16) naphthalen-1-yl(9-pentyl-9H-carbazol-3-yl)methanone

(17) Naphthoylindoles: any compound containing a 3-(1-naphthoyl)indole structure,
whether or not substituted on the indole ring to any extent or whether or not substituted on
the naphthyl ring to any extent.

(18) Naphthoylpyrroles: any compound containing a 3-(1-naphthoyl)pyrrole
structure, whether or not substituted on the pyrrole ring to any extent or whether or not
substituted on the naphthyl ring to any extent.

(19) Naphthylamidoindoles: any compound containing a
N-(naphthyl)-1H-indole-3-carboxamide structure, whether or not further substituted on the
indole ring to any extent or whether or not substituted on the naphthyl ring to any extent.

(20) Naphthylindolecarboxylates: Any compound containing a
naphthyl-1H-indole-3-carboxylate structure, whether or not further substituted on the indole
ring or whether or not substituted on the naphthyl ring to any extent.

(21) Naphthylmethylindenes: any compound containing a
1-(1-naphthylmethyl)indene structure, whether or not substituted on the indene ring to any
extent or whether or not substituted on the naphthyl ring to any extent.

(22) Naphthylmethylindoles: any compound containing a
1-H-indol-3-yl-(1-naphthyl)methane structure, whether or not substituted on the indole ring
to any extent or whether or not substituted on the naphthyl ring to any extent.

(23) N-fenchyl-1-[2-(morpholin-4-yl)ethyl]-7-methoxyindole-3-carboxamide

(24) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indole-1-one [Cumyl-Pegaclone;
SGT-151]

(25) Phenylacetylindoles: any compound containing a 3-phenylacetylindole structure,
whether or not substituted on the indole ring to any extent or whether or not substituted on
the phenyl ring to any extent.

(26) Phenylindolecarboxamides: Any compound containing a
N-phenyl-1H-indole-3-carboxamide structure, whether or not further substituted on the
indole ring or whether or not substituted on the phenyl ring to any extent.

(27) Phenylpropionaldehydeamidoindoles: Any compound containing a
N-(1-oxo-3-phenylpropan-2yl)-1H-indole-3-carboxamide structure, with or without
substitution on the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkoxy, aryl, aryl halide,
alkylarylhalide, cycloalkylmethyl, cycloalkylethyl, alkenyl, haloalkenyl, aliphatic alcohol,
hydroxyl, halide, morpholinoethyl, alkylmorpholinomethyl, alkylpiperidinylmethyl or a
tetrahydropyranylmethyl group, whether or not further substituted on the
phenylpropionaldehyde group to any extent.

(28) Quinolinylindolecarboxamides: Any compound containing a N-
quinolinyl-1H-indole-3-carboxamide or N-isoquinolinyl-1H-indole-3-carboxamide structure,
whether or not further substituted on the indole, quinoline, or the isoquinoline ring to any
extent.

(29) Quinolinylindolecarboxylates: any compound containing a
quinolin-8-yl-1H-indole-3-carboxylate or isoquinolin-8-yl-1H-indole-3-carboxylate structure,
whether or not further substituted on the indole, quinloline, or isoquinoline ring to any
extent.

(30) Tetrahydrodibenzopyrans whether or not substituted on the tricyclic ring system
to any extent except where contained in cannabis or cannabis resin.

G. Miscellaneous. Unless specifically excepted or contained within a pharmaceutical
product approved by the United States Food and Drug Administration, or unless listed in
another schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances, including their salts, isomers, or salts of isomers,
whenever the existence of such salts, isomers, or salts of isomers is possible within the
specific chemical designation:

(1) 7-hydroxymitragynine

(2) Mitragynine

(3) Tianeptine

SCHEDULE II

A. Substances of vegetable origin or chemical synthesis. Unless specifically
excepted or unless listed in another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium
or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine,
naldemedine, nalmefene, naloxegol, naloxone, 6β-naltrexol, and samidorphan, and their
respective salts, but including the following:

(a) Raw opium

(b) Opium extracts

(c) Opium fluid extracts

(d) Powdered opium

(e) Granulated opium

(f) Tincture of opium

(g) Repealed by Acts 1999, No. 755, §2.

(h) Codeine

(i) Dihydroetorphine

(j) Ethylmorphine

(k) Etorphine hydrochloride

(l) Hydrocodone

(m) Hydromorphone

(n) Metopon

(o) Morphine

(p) Oxycodone

(q) Oxymorphone

(r) Thebaine

(s) Oripavine

(2) Any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in Paragraph (1),
except that these substances shall not include the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves, and any salt, compound, derivative, or preparation of coca leaves
(including cocaine ecgonine and their salts, isomers, derivatives and salts of isomers and
derivatives), and any salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, except that the substances shall not
include:

(a) Decocainized coca leaves or extraction of coca leaves, which extractions do not
contain cocaine or ecgonine.

(b) Ioflupane, with and without radioisotopes.

(5) Repealed by Acts 2001, No. 282, §2.

(6) Concentrate of poppy straw (the crude extract of poppy straw in either liquid,
solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).

B. Opiates. Unless specifically excepted or unless listed in another schedule, any of
the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters,
ethers, and salts is possible within the specific chemical designation, dextrorphan and
levopropoxyphene excepted:

(1) Alfentanil

(2) Alphaprodine

(3) Anileridine

(4) Bezitramide

(5) Bulk Dextropropoxyphene (non-dosage forms)

(6) Carfentanil

(7) Dihydrocodeine

(8) Diphenoxylate

(9) Fentanyl

(10) Isomethadone

(11) Levo-alphacetylmethadol

(12) Levomethorphan

(13) Levorphanol

(14) Metazocine

(15) Methadone

(16) Methadone-intermediate, 4-cyano-2-dimethylamino-4,4-diphenylbutane

(17) Moramide-intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-

carboxylic acid

(18) Oliceridine

(19) Pethidine (meperidine)

(20) Pethidine-intermediate-A, 4-cyano-1-methyl-4-phenyl-piperidine

(21) Pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

(22) Pethidine-intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

(23) Phenazocine

(24) Piminodine

(25) Racemethorphan

(26) Racemorphan

(27) Remifentanil

(28) Sufentanil

(29) Tapentadol

(30) Thiafentanil

C. Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers

(2) Methamphetamine, its salts, isomers, and salts of its isomers

(3) Phenmetrazine and its salts

(4) Methylphenidate

(5), (6) Repealed by Acts 1999, No. 755, §2.

(7) Lisdexamfetamine, its salts, isomers, and salts of its isomers

D.(1) Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system, including its
salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:

(a) Amobarbital

(b) Carisoprodol

(c) Glutethimide

(d) Pentobarbital

(e) Phencyclidine

(f) Secobarbital

(2) A wholesale drug distributor licensed by the Louisiana Board of Pharmacy and
registered with the United States Drug Enforcement Administration shall be exempt from the
storage, reporting, record keeping, and physical security requirements for any material,
mixture, compound, or preparation which contains any quantity of Carisoprodol.

E. Immediate precursors.

(1) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances:

(a) Immediate precursors to amphetamine and methamphetamine: phenylacetone.

(b) Immediate precursors to phencyclidine (PCP):

(i) 1-phenylcyclohexylamine;

(ii) 1-piperidinocyclohexanecarbonitrile (PCC).

(c) Immediate precursor to fentanyl:

(i) 4-anilino-N-phenethyl-4-piperidine (ANPP)

(ii) Norfentanyl (N-phenyl-N-(piperidin-4-yl)propionamide)

(2) For purposes of this Subsection, possession of immediate precursors sufficient
for the manufacture of phenylacetone, piperidine, or cyclohexanone shall be deemed to be
possession of such a derivative substance.

F. Hallucinogenic substances:

(1) Nabilone

(2) Dronabinol [delta-9- *trans* tetrahydrocannabinol] in an oral solution in a drug
product approved for marketing by the United States Food and Drug Administration.

SCHEDULE III

A. Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system:

(1) Benzphetamine

(2) Chlorphentermine

(3) Clortermine

(4) Repealed by Acts 1982, No. 92, §2.

(5) Repealed by Acts 2008, No. 67, §2.

(6) Phendimetrazine

B. Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system:

(1) Any compound, mixture, or preparation containing:

(a) Amobarbital

(b) Secobarbital

(c) Pentobarbital or any salt thereof and one or more active medicinal ingredients
which are not listed in any schedule.

(2) Any suppository dosage form containing:

(a) Amobarbital

(b) Secobarbital

(c) Pentobarbital or any salt of any of these drugs and approved by the federal Food
and Drug Administration for marketing only as a suppository.

(3) Any substance which contains any quantity of a derivative of barbituric acid, or
any salt thereof, but not including butalbital when in combination with at least three hundred
twenty-five milligrams of acetaminophen per dosage unit.

(4) Chlorhexadol

(5) Embutramide

(6) Any drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, which has been approved by the federal Food and Drug
Administration.

(7) Ketamine, its salts, isomers, and salts of isomers

(8) Lysergic acid

(9) Lysergic acid amide

(10) Methyprylon

(11) Sulfondiethylmethane

(12) Sulfonethylmethane

(13) Sulfonmethane

(14) Tiletamine and zolazepam or any salt thereof

(15) Perampanel

C. Nalorphine

D. Limited narcotic drugs. Unless specifically excepted or unless listed in another
schedule:

(1) Any material, compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs, or any salts thereof:

(a) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of
opium.

(b) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.

(c), (d) Repealed by Acts 2015, No. 189, §2, eff. June 23, 2015.

(e) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than
90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.

(f) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.

(g) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or
not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.

(h) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams,
with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(2) Any material, compound, mixture, or preparation containing any of the following
narcotic drugs or their salts:

(a) Buprenorphine

E. Anabolic steroids and muscle building substances. Unless specifically excepted
or unless listed in another schedule, any material, compound, mixture, or preparation,
containing any quantity of the following substances, including its salts, esters, ethers,
isomers, and salts of isomers whenever the existence of such salts, esters, ethers, isomers,
and salts of isomers is possible within the specific chemical designation. The term "anabolic
steroid" means any drug or hormonal substance, chemically and pharmacologically related
to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone
that promote muscle growth and include the following:

(1) 3β,17-dihydroxy-5a-androstane

(2) 3α,17β-dihydroxy-5a-androstane

(3) 5α-androstan-3,17-dione

(4) 3β,17β-dihydroxy-5α-androst-1-ene

(5) 3α,17β-dihydroxy-5α-androst-1-ene

(6) 4-androstenediol

(7) 5-androstenediol

(8) 1-androstenedione

(9) 4-androstenedione

(10) 5-androstenedione

(11) Bolasterone

(12) Boldenone

(12.1) Boldione

(13) Calusterone

(14) Clostebol

(15) Dehydrochloromethyltestosterone

(15.1) Desoxymethyltestosterone

(16) Δ1-dihydrotestosterone

(17) 4-dihydrotestosterone

(18) Drostanolone

(19) Ethylestrenol

(20) Fluoxymesterone

(21) Formebolone

(22) Furazebol

(23) 13β-ethyl-17α-hydroxygon-4-en-3-one

(24) 4-hydroxytestosterone

(25) 4-hydroxy-19-nortestosterone

(26) Mestanolone

(27) Mesterolone

(28) Methandienone

(29) Methandriol

(29.1) Methasterone (2,17α-dimethyl-5α-androstan-17α-ol-3-one)

(30) Methenolone

(31) 17α-methyl-3β,17β-dihydroxy-5a-androstane

(32) 17α-methyl-3α,17β-dihydroxy-5a-androstane

(33) 17α-methyl-3β,17β-dihydroxyandrost-4-ene

(34) 17α-methyl-4-hydroxynandrolone

(35) Methyldienolone

(36) Methyltrienolone

(37) Methyltestosterone

(38) Mibolerone

(39) 17α-methyl-Δ1-dihydrotestosterone

(40) Nandrolone

(41) 3β,17β-dihydroxyestr-4-ene

(42) 3α,17β-dihydroxyestr-4-ene

(43) 3β,17β-dihydroxyestr-5-ene

(44) 3α,17β-dihydroxyestr-5-ene

(44.1) 19-nor-4, 9(10)-androstadienedione

(45) 19-nor-4-androstenedione

(46) 19-nor-5-androstenedione

(47) Norbolethone

(48) Norclostebol

(49) Norethandrolone

(50) Normethandrolone

(51) Oxandrolone

(52) Oxymesterone

(53) Oxymetholone

(53.1) Prostanozol (17α-hydroxy-5α-androstano[3,2-c]pyrazole)

(54) Stanozolol

(55) Stenbolone

(56) Testolactone

(57) Testosterone

(58) Tetrahydrogestrinone

(59) Trenbolone

F.(1) Except as provided in Paragraph (2) of this Schedule, the term anabolic steroid
does not include a substance listed in Subsection E of this Section but which is expressly
intended for administration to livestock or other nonhuman species and which has been
approved by the secretary for such an administration.

(2) If any person prescribes, dispenses, or distributes such steroid for human use,
such person shall be considered to have prescribed, dispensed, or distributed an anabolic
steroid within the meaning of Subsection E of this Schedule.

(3) A physician, dentist, or veterinarian shall not prescribe, dispense, deliver, or
administer an anabolic steroid for human use or cause an anabolic steroid to be administered
under his direction or supervision for human use except for a valid medical purpose and
when required by demonstrable generally accepted medical indications. Bodybuilding,
muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic
steroid by a person who is in good health is hereby declared not a valid medical purpose.

G. Substances of vegetable origin or chemical synthesis. Unless specifically
excepted or unless listed in another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis:

(1) Synthetic Dronabinol [delta-9-(trans) tetrahydrocannabinol] in sesame oil and
encapsulated in a soft gelatin capsule in a United States Food and Drug Administration
approved product.

SCHEDULE IV

A. Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing any of the following narcotic
drugs, or their salts, in limited quantities, as set forth below:

(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.

(2) Dextropropoxyphene.

(3) Tramadol (2-[(dimethylamino)methyl]-1-(3-methoxyphenyl) cyclohexanol), its
salts, isomers, and salts of its isomers.

B. Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing any quantity of the following
substances, including its salts, isomers, and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Alfaxalone

(2) Alprazolam

(3) Barbital

(4) Brexanolone

(5) Bromazepam

(6) Camazepam

(7) Chloral betaine

(8) Choral hydrate

(9) Chlordiazepoxide, but not including chlordiazepoxide hydrochloride in
combination with clidinium bromide, or chlordiazepoxide and water-soluble esterified
estrogens.

(10) Clobazam

(11) Clonazepam

(12) Clorazepate

(13) Clotiazepam

(14) Cloxazolam

(15) Daridorexant

(16) Delorazepam

(17) Diazepam

(18) Dichloralphenazone

(19) Estazolam

(20) Ethchlorvynol

(21) Ethinamate

(22) Ethyl loflazepate

(23) Fludiazepam

(24) Flunitrazepam

(25) Flurazepam

(26) Fospropofol

(27) Halazepam

(28) Haloxazolam

(29) Ketazolam

(30) Lemborexant

(31) Loprazolam

(32) Lorazepam

(33) Lormetazepam

(34) Mebutamate

(35) Medazepam

(36) Meprobamate

(37) Methohexital

(38) Methylphenobarbital (mephobarbital)

(39) Midazolam

(40) Nimetazepam

(41) Nitrazepam

(42) Nordiazepam

(43) Oxazepam

(44) Oxazolam

(45) Paraldehyde

(46) Petrichloral

(47) Phenobarbital

(48) Pinazepam

(49) Prazepam

(50) Quazepam

(51) Remimazolam

(52) Suvorexant

(53) Temazepam

(54) Tretrazepam

(55) Triazolam

(56) Zaleplon

(57) Zolpidem

(58) Zopiclone

(59) Zuranolone

C. Repealed by Acts 2023, No. 201, §2.

D. Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances, including its salts, isomers, and salts of isomers:

(1) Cathine (norpseudoephedrine)

(2) Diethylpropion

(3) Fencamfamin

(4) Fenproporex

(5) Lorcaserin

(6) Mazindol

(7) Mefenorex

(8) Modafinil

(9) Pemoline (including organometallic complexes and chelates thereof)

(10) Phentermine

(11) Pipradrol

(12) Serdexmethylphenidate

(13) Sibutramine

(14) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, beta-amino-,carbamate (ester))

(15) SPA [(-)-1-dimethylamino-1,2-diphenylethane]

E. Other substances. Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any quantity of
the following substances, including its salts:

(1) Pentazocine

(2) Butorphanol (including its optical isomers)

(3) Eluxadoline (5-[[[2-amino-3-[(4-aminocarbonyl)-2,6-dimethylphe

nyl]-1-oxopropyl][1-(4-phenyl-1H-imidazol-2-yl)theyl]amino]methyl]-2-methoxybenzoic
acid) (including its optical isomers) and its salts, isomers, and salts of isomers.

F. Mifepristone; misoprostol. Unless listed in another schedule, any material,
compound, mixture, or preparation containing any detectable quantity of mifepristone or
misoprostol.

SCHEDULE V

A. Narcotic drugs containing nonnarcotic active medicinal ingredients. Any
compound, mixture, or preparation containing any of the following limited quantities of
narcotic drugs or salts thereof, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture, or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams.

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams.

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulphate per dosage unit.

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

(6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.

B. Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing any of the following narcotic
drugs and their salts, as set forth below:

(1) Repealed by Acts 2006, No. 54, §2.

C. Stimulants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any quantity of
the following substances having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers:

(1) Pyrovalerone

D. Depressants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any quantity of
the following substances having a depressant effect on the central nervous system, including
its salts:

(1) Brivaracetam (2-[2-oxo-4-propylpyrrolidin-1-yl]butanamide), also referred to as
BRV; UCB-34714; Briviact.

(2) Cenobamate (1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethylcarbamate)

(3) Ezogabine

(4) Ganaxolone (3- -hydroxy-3- -methyl-5- -pregnan-20-one)

(5) Lacosamide

(6) Lasmiditan (2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl) pyridine-2-yl-benzamide)

(7) Pregabalin

E.(1) Ephedrine, pseudoephedrine, phenylpropanolamine. Unless listed in another
schedule, any material, compound, mixture, or preparation containing any detectable quantity
of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or
salts of optical isomers.

(2)(a) Nonprescription products containing ephedrine, pseudoephedrine, or
phenylpropanolamine shall not be sold or distributed in a quantity greater than nine grams
of ephedrine base, pseudoephedrine base, or phenylpropanolamine base to the same
purchaser within any thirty-day period.

(b) Notwithstanding the prescription requirements for Schedule V controlled
dangerous substances as provided for in R.S. 40:978(C), nonprescription products containing
ephedrine, pseudoephedrine, or phenylpropanolamine may be dispensed without a
prescription.

(3)(a) No person shall purchase, receive, or otherwise acquire more than nine grams
of ephedrine base, pseudoephedrine base, or phenylpropanolamine base within any thirty-day
period.

(b) This limit shall not apply to any quantity of such product, mixture, or preparation
dispensed pursuant to a valid prescription written by a licensed healthcare professional
having prescriptive authority.

(4) Wholesale drug distributors licensed by the Louisiana Board of Drug and Device
Distributors and registered with the United States Drug Enforcement Administration shall
be exempt from the storage, reporting, record keeping, and physical security requirements
for controlled dangerous substances for nonprescription products containing ephedrine,
pseudoephedrine, and phenylpropanolamine which are not listed in another schedule.

(5) Except for sales log requirements and the transmittal of transaction information
to the central computer monitoring system authorized by the provisions of Part X-F of
Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, pharmacies and pharmacists
licensed by the Louisiana Board of Pharmacy and registered with the United States Drug
Enforcement Administration shall be exempt from the storage, reporting, record keeping, and
physical security requirements for controlled dangerous substances for nonprescription
products containing ephedrine, pseudoephedrine, or phenylpropanolamine which are not
listed in another schedule.

(6) The transaction information provided for in R.S. 40:1049.3 for the purchase of
a nonprescription product containing ephedrine, pseudoephedrine, or phenylpropanolamine
shall constitute an "order from a practitioner" as provided for in R.S. 40:970(C). Possession
of a nonprescription product containing ephedrine, pseudoephedrine, or
phenylpropanolamine pursuant to a valid transaction as provided for in R.S. 40:1049.3 shall
be a defense for a violation of R.S. 40:970(C).

F. Repealed by Acts 2021, No. 101, §2.

Amended by Acts 1991, No. 513, §§1, 3; Acts 1991, No. 842, §1, eff. July 23, 1991;
Acts 1993, No. 156, §§1, 2; Acts 1993, No. 288, §1; Acts 1993, No. 616, §1; Acts 1997, No.
398, §1; Acts 1998, 1st Ex. Sess., No. 129, §1; Acts 1999, No. 582, §1; Acts 1999, No. 755,
§§1 and 2; Acts 2000, 1st Ex. Sess., No. 13, §1, eff. April 13, 2000; Acts 2001, No. 282, §§1
and 2; Acts 2001, No. 1036, §1; Acts 2004, No. 702, §1; Acts 2006, No. 54, §§1, 2; Acts
2006, No. 56, §1; Acts 2008, No. 67, §§1, 2; Acts 2009, No. 153, §1; Acts 2009, No. 165,
§1; Acts 2009, No. 314, §1; Acts 2010, No. 565, §1; Acts 2010, No. 810, §§1, 2; Acts 2010,
No. 866, §1; Acts 2011, No. 420, §§1, 2, eff. July 15, 2011; Acts 2012, No. 315, §1; Acts
2012, No. 345, §1, eff. May 28, 2012; Acts 2013, No. 7, §1; Acts 2013, No. 8, §1; Acts 2014,
No. 40, §1; Acts 2014, No. 43, §1; Acts 2014, No. 397, §§1, 2; Acts 2015, No. 189, §§1, 2,
eff. June 23, 2015; Acts 2015, No. 373, §1, eff. July 1, 2015; Acts 2016, No. 62, §1; Acts
2017, No. 100, §1; Acts 2018, No. 119, §1; Acts 2018, No. 206, §4; Acts 2019, No. 231,
§§1, 2, 3, 4, 5; Acts 2019, No. 354, §1; Acts 2020, No. 10, §1; Acts 2021, No. 101, §§1, 2;
Acts 2022, No. 46, §1; Acts 2023, No. 201, §§1, 2; Acts 2023, No. 416, §3; Acts 2024, No.
110, §1; Acts 2024, No. 143, §1; Acts 2024, No. 246, §3, eff. Oct. 1, 2024; Acts 2024, No.
732, §1; Acts 2025, No. 41, §1; Acts 2025, No. 121, §1.

*NOTE: Asterisks in Schedule I(A) and (B) indicate substances which are
narcotics.

##### **§ 40:964.1** Treatment of controlled analogues {#sec-40-964.1 omnilex-key=us-la-statutes--rs-title-40--40:964.1}

A controlled substance analogue shall be treated, for the purposes of any state law and to the extent intended for human consumption, as a controlled dangerous substance in either Schedule I or Schedule II of R.S. 40:964.

*Acts 1994, 3rd Ex. Sess., No. 34, §2; Acts 2001, No. 1036, §1.*

##### **§ 40:965** Secretary of health; authority to except {#sec-40-965 omnilex-key=us-la-statutes--rs-title-40--40:965}

A. The secretary may by regulation except any material, compound, mixture, or
preparation containing any depressant or stimulant substance listed in Subsection A, B, C,
or D of Schedule III or in Schedule IV or V from the application of all or any part of this Part
if the material, compound, mixture, or preparation contains one or more active medicinal
ingredients not having a depressant or stimulant effect on the central nervous system,
provided that such ingredients are included therein in such combinations, quantity,
proportion, or concentration as to vitiate the potential for abuse of the substances which do
have a depressant or stimulant effect on the central nervous system.

B. The secretary may, by regulation, exempt any compound, mixture, or preparation
containing any anabolic steroids substances listed in Schedule III(E) of R.S. 40:964 from the
application of all or any part of this Part if, because of its concentration, preparation, mixture,
or delivery system, it has no significant potential for abuse.

*Acts 1991, No. 513, §1; Acts 2018, No. 206, §4.*

##### **§ 40:966** Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin {#sec-40-966 omnilex-key=us-la-statutes--rs-title-40--40:966}

A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful
for any person knowingly or intentionally:

(1) To produce, manufacture, distribute or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance or controlled
substance analogue classified in Schedule I.

(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule I.

(3)(a) To produce, manufacture, distribute, or dispense or possess with intent to
produce, manufacture, distribute, or dispense a consumable hemp product, as defined in R.S.
3:1481, in violation of R.S. 3:1483.

(b) It shall not be considered a violation of this Paragraph if the sole basis for the
alleged offense is that the processor, wholesaler, or retailer was operating without an active
permit if both of the following occur:

(i) The processor, wholesaler, or retailer held a valid permit at the time of applying
for permit renewal.

(ii) The renewal application was under review by the Louisiana Department of
Health or the office of alcohol and tobacco control at the time of the alleged offense.

(c) It shall not be considered a violation of Subparagraph (a) of this Paragraph if the
consumable hemp product was approved by the Louisiana Department of Health at the time
of the alleged offense. If the product's approval has been revoked, no violation shall be
deemed to have occurred unless the revocation occurred more than sixty days prior to the
alleged offense.

(4) To cultivate, possess, process, or sell industrial hemp, industrial hemp products,
or viable industrial hemp seeds not in accordance with the Agriculture Improvement Act of
2018 or the plan submitted by the Department of Agriculture and Forestry that is in
compliance with U.S. Department of Agriculture rules.

B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to:

(1) Except as otherwise provided in Paragraphs (2) and (3) of this Subsection, a
substance classified in Schedule I, upon conviction for an amount of:

(a) An aggregate weight of less than twenty-eight grams, shall be imprisoned, with
or without hard labor, for not less than one year nor more than ten years and may, in addition,
be required to pay a fine of not more than fifty thousand dollars.

(b) An aggregate weight of twenty-eight grams or more, shall be imprisoned at hard
labor for not less than one year nor more than twenty years and may, in addition, be required
to pay a fine of not more than fifty thousand dollars.

(2) A substance classified in Schedule I which is marijuana, tetrahydrocannabinols,
or chemical derivatives of tetrahydrocannabinols, or synthetic cannabinoids for an amount
of:

(a) An aggregate weight of less than two and one half pounds, shall be imprisoned,
with or without hard labor, for not less than one year nor more than ten years, and pay a fine
of not more than fifty thousand dollars.

(b) An aggregate weight of two and one half pounds or more, shall be imprisoned
at hard labor for not less than one year nor more than twenty years and pay a fine of not more
than fifty thousand dollars.

(3)(a) A substance classified in Schedule I that is the narcotic drug heroin or a
mixture or substance containing a detectable amount of heroin or its analogues, upon
conviction for any amount, shall be imprisoned at hard labor for not less than five years nor
more than forty years and may, in addition, be required to pay a fine of not more than fifty
thousand dollars.

(b)(i) If the offender unlawfully distributes or dispenses heroin or a mixture or
substance containing a detectable amount of heroin or its analogues, which is the direct cause
of serious bodily injury to the person who ingested or consumed the substance, the offense
shall be classified as a crime of violence, and the offender shall be imprisoned at hard labor
for not less than five years nor more than forty years. At least five years of the sentence of
imprisonment shall be imposed without benefit of probation, parole, or suspension of
sentence. In addition, the offender may be required to pay a fine of not more than fifty
thousand dollars.

(ii) For purposes of this Subparagraph, "serious bodily injury" shall have the same
meaning as provided by R.S. 14:2(C).

(4) A consumable hemp product, shall be imprisoned, with or without hard labor, for
not less than one year nor more than ten years, or pay a fine of not more than fifty thousand
dollars, or both.

C. Possession. It is unlawful for any person knowingly or intentionally to possess
a controlled dangerous substance classified in Schedule I unless such substance was obtained
directly, or pursuant to a valid prescription or order, from a practitioner or as provided in
R.S. 40:978, while acting in the course of his professional practice, or except as otherwise
authorized by this Part. Any person who violates this Subsection with respect to:

(1) Except as otherwise provided in Paragraphs (2), (3), and (4) of this Subsection,
a substance classified in Schedule I for an amount of:

(a) An aggregate weight of less than two grams, shall be imprisoned, with or without
hard labor, for not more than two years and may, in addition, be required to pay a fine of not
more than five thousand dollars.

(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall
be imprisoned, with or without hard labor, for not less than one year nor more than ten years
and may, in addition, be required to pay a fine of not more than five thousand dollars.

(2) A substance classified in Schedule I that is marijuana, tetrahydrocannabinol, or
chemical derivatives thereof, shall be punished as follows:

(a)(i) On a first conviction or any subsequent conviction, wherein the offender
possesses fourteen grams or less, the offender shall be fined not more than one hundred
dollars.

(ii) If an offender upon whom a fine has been imposed under this Subparagraph
alleges indigency, or otherwise fails to pay the imposed fine, the court shall determine
whether the defendant has willfully refused to pay or has made bona fide efforts to legally
acquire resources to pay. If an offender has not willfully refused to pay and has made bona
fide efforts to attempt to pay the fine imposed, the court shall use its discretion to
alternatives, including installment payments or community service.

(iii) This Subparagraph shall be enforced by use of summons in lieu of custodial
arrest, in accordance with Code of Criminal Procedure Article 211.

(b) On a first conviction, wherein the offender possesses more than fourteen grams,
the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail
for not more than six months, or both.

(c) Any person who has been sentenced under the provisions of Subparagraph (a) or
(b) of this Paragraph and who has not been convicted of any other violation of a statute or
ordinance prohibiting the possession of marijuana for a period of two years from the date of
completion of sentence, probation, parole, or suspension of sentence shall not have the
conviction used as a predicate conviction for enhancement purposes. The provisions of this
Paragraph shall occur only once with respect to any person.

(d) On a second conviction, wherein the offender possesses more than fourteen
grams, the offender shall be fined not more than one thousand dollars, imprisoned in the
parish jail for not more than six months, or both.

(e)(i) On a third conviction, wherein the offender possesses more than fourteen
grams, the offender shall be sentenced to imprisonment, with or without hard labor, for not
more than two years, shall be fined not more than two thousand five hundred dollars.

(ii) If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities. Any costs
associated with probation shall be paid by the offender.

(f)(i) On a fourth or subsequent conviction, wherein the offender possesses more
than fourteen grams, the offender shall be sentenced to imprisonment with or without hard
labor for not more than eight years, shall be fined not more than five thousand dollars, or
both.

(ii) If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities. Any costs
associated with probation shall be paid by the offender.

(g) Except as provided in Subparagraph (c) of this Paragraph, a conviction for the
violation of any other statute or ordinance with the same elements as Subsection C of this
Section prohibiting the possession of marijuana, tetrahydrocannabinol or chemical
derivatives thereof, shall be considered as a prior conviction for the purposes of this
Subsection relating to penalties for second, third, or subsequent offenders.

(h) Except as provided in Subparagraph (c) of this Paragraph, a conviction for the
violation of any other statute or ordinance with the same elements as Paragraph (B)(2) of this
Section prohibiting the distributing or dispensing or possession with intent to distribute or
dispense marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic
cannabinoids shall be considered as a prior conviction for the purposes of this Subsection
relating to penalties for second, third, or subsequent offenders.

(3) A substance classified in Schedule I which is a synthetic cannabinoid, the
offender shall be punished as follows:

(a) On a first conviction, the offender shall be fined not more than five hundred
dollars, imprisoned for not more than six months, or both.

(b) On a second conviction, the offender shall be fined not less than two hundred
fifty dollars nor more than two thousand dollars, imprisoned with or without hard labor for
not more than five years, or both.

(c) On a third or subsequent conviction, the offender shall be sentenced to
imprisonment at hard labor for not more than twenty years, and may, in addition, be fined not
more than five thousand dollars.

(d) A conviction for the violation of any other provision of law or ordinance with the
same elements as this Subsection prohibiting the possession of synthetic cannabinoids shall
be considered a prior conviction for the purposes of this Paragraph relating to penalties for
second, third, or subsequent offenses.

(e) A conviction for the violation of any other provision of law or ordinance with the
same elements as Paragraph (B)(2) of this Section prohibiting the distributing or dispensing
or possession with intent to distribute or dispense synthetic cannabinoids shall be considered
a prior conviction for the purposes of this Paragraph relating to penalties for second, third,
or subsequent offenses.

(f) If the court places the offender on probation, the probation shall provide for a
minimum condition that he participate in a court-approved substance abuse program and
perform four eight-hour days of court-approved community service activities. Any costs
associated with probation shall be paid by the offender.

(4) A substance classified in Schedule I that is the narcotic drug heroin or a mixture
or substance containing a detectable amount of heroin or of its analogues, upon conviction
for an amount:

(a) An aggregate weight of less than two grams, shall be sentenced to a term of
imprisonment, with or without hard labor, for not less than two years nor more than four
years.

(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall
be sentenced to a term of imprisonment, with or without hard labor, for not less than two
years nor more than ten years and may, in addition be required to pay a fine of not more than
five thousand dollars.

D. If a person knowingly or intentionally possesses a controlled substance as
classified in Schedule I, unless such substance was obtained directly or pursuant to a valid
prescription or order from a practitioner, as provided in R.S. 40:978, while acting in the
course of his professional practice, where the amount of the controlled substance is equal to
or above the following weights, it shall be considered a violation of Subsection A of this
Section:

(1) For marijuana, tetrahydrocannabinol, synthetic cannabinoids, or chemical
derivatives thereof, two and one-half pounds.

(2) For any other Schedule I controlled substance, twenty-eight grams.

E. Notwithstanding any other provision of law to the contrary, unless eligible for
parole at an earlier date, a person committed to the Department of Public Safety and
Corrections serving a life sentence for the production, manufacturing, distribution, or
dispensing or possessing with intent to produce, manufacture, or distribute heroin shall be
eligible for parole consideration upon serving at least fifteen years of imprisonment in actual
custody.

F. Immunity from prosecution. (1) Any person who is a patient of the
state-sponsored medical marijuana program in Louisiana, and possesses medical marijuana
in a form permissible under R.S. 40:1046 for a condition enumerated therein, a caregiver as
defined in R.S. 15:1503, any person who is a domiciliary parent of a minor child who
possesses medical marijuana on behalf of his minor child in a form permissible under R.S.
40:1046 for a condition enumerated therein pursuant to a legitimate medical marijuana
prescription or recommendation issued by a licensed health professional authorized by R.S.
40:1046(B) to recommend medical marijuana to patients, or any visiting qualifying patient
as defined in R.S. 40:1046.1 shall be exempt from the provisions of this Section. This
Paragraph shall not prevent the arrest or prosecution of any person for diversion of marijuana
or any of its derivatives or other conduct outside the scope of the state-sponsored medical
marijuana program.

(2) Any retailer permitted to sell marijuana pursuant to R.S. 40:1046, and any
employee, board member, director, or agent of a retailer permitted to sell marijuana pursuant
to R.S. 40:1046, shall be exempt from the provisions of this Section for possession of
marijuana at a location designated by the Louisiana Department of Health's rules and
regulations, or distribution of marijuana in a form approved by the Louisiana Department of
Health to a patient with a valid recommendation or prescription, in the state-sponsored
medical marijuana program. This Paragraph shall not prevent the arrest or prosecution of any
person for diversion of marijuana or any of its derivatives or other conduct outside of the
scope of the state-sponsored medical marijuana program or for violations of the Louisiana
Department of Health's rules and regulations.

(3) Any licensee or its subordinate contractor licensed by the Louisiana Department
of Health to produce marijuana pursuant to R.S. 40:1046, and any employee, board member,
director, or agent of a marijuana licensee or its subordinate contractor licensed pursuant to
R.S. 40:1046, shall be exempt from prosecution under this Section for possession,
production, or manufacture of marijuana at the production facility designated by the
Louisiana Department of Health or for the transportation of marijuana or any of its
derivatives in accordance with the Louisiana Department of Health's rules and regulations.
This Paragraph shall not prevent the arrest or prosecution of any person for diversion of
marijuana from the production facility designated by the Louisiana Department of Health
outside of the scope of the state-sponsored medical marijuana program or for violations of
the Louisiana Department of Health's rules and regulations.

(4) Any laboratory that tests marijuana or marijuana preparations produced and
distributed under the state-sponsored medical marijuana program, and any employee, board
member, director, or agent of a testing laboratory pursuant to R.S. 40:1046, shall be exempt
from prosecution under this Section for possession of marijuana or any of its derivatives at
a research laboratory designated by the Louisiana Department of Health or for transportation
of marijuana or any of its derivatives in accordance with the Louisiana Department of
Health's rules and regulations. This Paragraph shall not prevent the arrest or prosecution of
any person for diversion of marijuana from a research laboratory designated by the Louisiana
Department of Health or other conduct outside of the scope of the state-sponsored medical
marijuana program or for violations of the Louisiana Department of Health's rules and
regulations.

(5) Any person, employee, board member, director, or agent conducting research
pursuant to R.S. 40:1046 shall be exempt from prosecution under this Section for the
possession, production, or manufacture of marijuana or any of its derivatives or for the
transportation of marijuana or any of its derivatives in accordance with the Louisiana
Department of Health's rules and regulations. This Paragraph shall not prevent the arrest or
prosecution of any person for diversion of marijuana or any of its derivatives or other
conduct outside of the scope of the state-sponsored medical marijuana program or for
violations of the Louisiana Department of Health's rules and regulations.

(6) Any facility that is licensed by the Louisiana Department of Health and has
patients in its care using medical marijuana pursuant to R.S. 40:1046 shall be exempt from
the prohibitions provided in this Section for possession and distribution of marijuana. This
Paragraph shall not prohibit the arrest or prosecution of any person for diversion of medical
marijuana or any other conduct outside the scope of the state-sanctioned medical marijuana
program provided for in R.S. 40:1046.

(7) Any licensed health professional authorized by R.S. 40:1046(B) to recommend
medical marijuana to patients who provides information on marijuana for therapeutic use
within a bona fide clinician-patient relationship or who issues a recommendation to a patient
for marijuana for therapeutic use pursuant to R.S. 40:1046 shall be exempt from the
prohibitions provided in this Section for possession and distribution of marijuana. This
Paragraph shall not prohibit the arrest or prosecution of any person for diversion of medical
marijuana or any other conduct outside the scope of the state-sanctioned medical marijuana
program provided for in R.S. 40:1046.

(8)(a) The defenses in Paragraph (1) of this Subsection shall be raised by reproducing
a patient's medical records that contain the legitimate recommendation to possess marijuana
for therapeutic use in a form permissible under R.S. 40:1046 issued by a licensed health
professional authorized by R.S. 40:1046(B) to recommend medical marijuana to patients.

(b) Notwithstanding any other provision of law to the contrary, except when the
person to be arrested has committed a felony, although not in the presence of the officer, no
peace officer may arrest any employee, board member, director, or agent during the course
and scope of his employment with the following, pursuant to R.S. 40:1046:

(i) A retailer permitted to sell marijuana for therapeutic use.

(ii) A licensee of marijuana for therapeutic use or its subordinate licensed contractor.

(iii) A testing laboratory of marijuana for therapeutic use, authorized to do business.

(iv) A licensed researcher of marijuana for therapeutic use, performing his official
duties.

(c) The defendant shall bear the burden of proving that the possession, manufacture,
production, transportation, or distribution was in accordance with the state-sponsored
medical marijuana program or the Louisiana Department of Health's rules and regulations,
as applicable.

G. Treatment for heroin addiction as a condition for probation. (1) Upon conviction
of Paragraph (B)(3) or (C)(4) of this Section, possession with intent to distribute heroin or
possession of heroin, the court may suspend any sentence which it imposes and place the
defendant on probation pursuant to Code of Criminal Procedure Article 893. The court may
order the division of probation and parole of the Department of Public Safety and
Corrections to conduct a presentence investigation, or may order the defendant to obtain a
substance abuse evaluation, for the purpose of determining whether the defendant has a
substance abuse disorder.

(2) Upon receiving the report or evaluation, the court shall, if it finds probable cause
from such report to believe the defendant has a substance abuse disorder, order a
contradictory hearing for the purpose of making a judicial determination on whether the
defendant has a substance abuse disorder.

(3) If, at such contradictory hearing, the court determines that the defendant has a
substance abuse disorder, it shall require as a condition of probation that the defendant
complete a drug treatment program if the following conditions are met:

(a) There is an available program in the local jurisdiction that has sufficient
experience in working with criminal justice participants with substance abuse disorders and
is certified and approved by the state of Louisiana.

(b) The cost of the approved treatment does not create a substantial financial
hardship to the defendant or his dependents. For purposes of this determination, "substantial
financial hardship" shall have the same meaning as provided in R.S. 15:175.

(4) If the offender does not successfully complete the drug treatment program, or
otherwise violates the conditions of his probation, the court may revoke the probation or
impose other sanctions pursuant to Code of Criminal Procedure Article 900.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §3; Acts 1977, No. 631, §1; Acts 1981, No. 800, §1, eff. Aug. 2, 1981; Acts 1983, No. 598, §1; Acts 1984, No. 910, §1; Acts 1985, No. 208, §1; Acts 1986, No. 769, §1; Acts 1987, No. 850, §1; Acts 1991, No. 99, §1; Acts 1993, No. 969, §1; Acts 1994, 3rd Ex. Sess., No. 77, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2001, No. 1036, §1; Acts 2002, 1st Ex. Sess., No. 45, §1, eff. April 18, 2002; Acts 2004, No. 345, §1; Acts 2007, No. 19, §1; Acts 2009, No. 533, §3; Acts 2010, No. 565, §1; Acts 2010, No. 661, §1; Acts 2010, No. 810, §1; Acts 2010, No. 866, §1; Acts 2014, No. 368, §1, eff. May 30, 2014; Acts 2015, No. 295, §1, eff. June 29, 2015; Acts 2016, No. 343, §1; Acts 2017, No. 281, §§2 and 3; Acts 2017, No. 319, §1, eff. June 22, 2017; Acts 2018, No. 677, §1; Acts 2019, No. 354, §1; Acts 2020, No. 147, §1; Acts 2021, No. 247, §1; Acts 2022, No. 271, §4; Acts 2022, No. 439, §1; Acts 2022, No. 444, §1; Acts 2022, No. 671, §1; Acts 2024, No. 693, §1, eff. Jan. 1, 2025; Acts 2025, No. 233, §2.*

##### **§ 40:966.1** Unlawful possession, production, or distribution of kratom {#sec-40-966.1 omnilex-key=us-la-statutes--rs-title-40--40:966.1}

A. For purposes of this Section, "kratom" means any substance derived from the
leaves of the Mitragyna speciosa tree or any substance containing 7-hydroxymitragynine or
mitragynine.

B.(1) Manufacture; distribution. It shall be unlawful for any person to knowingly
produce, manufacture, distribute, or dispense, or possess with intent to produce, manufacture,
distribute, or dispense, kratom.

(2) Any person who violates Paragraph (1) of this Subsection for an amount of:

(a) An aggregate weight of less than five hundred grams, shall be fined not more than
fifty thousand dollars, imprisoned, with or without hard labor, for not less than one year nor
more than three years, or both.

(b) An aggregate weight of five hundred grams or more, shall be fined not more than
fifty thousand dollars, imprisoned, with or without hard labor, for not less than one year nor
more than five years, or both.

C. Possession. It is unlawful for any person knowingly or intentionally to possess
kratom. Any person who violates this Subsection shall be punished as follows:

(1) On a conviction wherein the offender possesses twenty grams or less, the offender
shall be fined not more than one hundred dollars.

(2) On a first conviction, wherein the offender possesses more than twenty grams, the
offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for
not more than six months, or both.

(3) On a second or any subsequent conviction, wherein the offender possesses more
than twenty grams, the offender shall be fined not more than one thousand dollars,
imprisoned in the parish jail for not more than six months, or both.

*Acts 2025, No. 41, §1.*

##### **§ 40:967** Prohibited acts - Schedule II; penalties {#sec-40-967 omnilex-key=us-la-statutes--rs-title-40--40:967}

A. Manufacture; distribution. Except as authorized by this Part or by Part VII-B of
Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any
person knowingly or intentionally:

(1) To produce, manufacture, distribute, or dispense or possess with intent to
produce, manufacture, distribute, or dispense, a controlled dangerous substance or controlled
substance analogue classified in Schedule II.

(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule II.

B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to:

(1) Except as otherwise provided in Paragraphs (2), (3), and (4) of this Subsection,
a substance classified in Schedule II for an amount of:

(a) An aggregate weight of less than twenty-eight grams, shall be imprisoned, with
or without hard labor, for not less than one year nor more than ten years and may, in addition,
be fined not more than fifty thousand dollars.

(b) An aggregate weight of twenty-eight grams or more, shall be imprisoned at hard
labor for not less than one year nor more than twenty years and may, in addition, be fined not
more than fifty thousand dollars.

(2)(a) Production or manufacturing of amphetamine or methamphetamine shall be
sentenced to imprisonment at hard labor for not less than ten years nor more than thirty years,
at least ten years of which shall be served without benefit of parole, probation, or suspension
of sentence, and in addition may be sentenced to pay a fine of not more than five hundred
thousand dollars.

(b) This Subparagraph shall be cited as the "Child Endangerment Law". When the
state proves in addition to the elements of the crime as set forth in Subsection A of this
Section that a minor child twelve years of age or younger is present in the home, mobile
home or other inhabited dwelling at the time of the commission of the offense, the minimum
mandatory sentence shall be fifteen years without benefit of parole, probation, or suspension
of sentence.

(3) Production or manufacturing of cocaine or cocaine base or a mixture or substance
containing cocaine or its analogues as provided in Schedule II(A)(4) of R.S. 40:964 or
oxycodone as provided in Schedule II(A)(1)(p) of R.S. 40:964 or methadone as provided in
Schedule II(B)(15) of R.S. 40:964 shall be sentenced to imprisonment at hard labor for not
less than ten nor more than thirty years, at least ten years of which shall be served without
benefit of parole, probation, or suspension of sentence, and may be fined not more than five
hundred thousand dollars.

(4) Fentanyl or a mixture or substance containing a detectable amount of fentanyl or
its analogues, or carfentanil or a mixture or substance containing a detectable amount of
carfentanil or its analogues, shall be punished as follows:

(a) On conviction of an aggregate weight of less than twenty-eight grams,
imprisonment at hard labor for not less than five years nor more than forty years, at least five
years of which shall be served without benefit of parole, probation, or suspension of
sentence, and may, in addition, be required to pay a fine of not more than fifty thousand
dollars.

(b) On a first conviction of an aggregate weight of twenty-eight grams or more but
less than two hundred fifty grams, imprisonment at hard labor for not less than seven years
nor more than forty years, at least seven years of which shall be served without benefit of
parole, probation, or suspension of sentence, and may, in addition, be required to pay a fine
of not more than fifty thousand dollars.

(c) On a second conviction of an aggregate weight of twenty eight grams or more but
less than two hundred fifty grams, imprisonment at hard labor for not less than thirty years
nor more than forty years, at least ten years of which shall be served without benefit of
parole, probation, or suspension of sentence, and may, in addition, be required to pay a fine
of not more than five hundred thousand dollars.

(d) On a third conviction of an aggregate weight of twenty eight grams or more but
less than two hundred fifty grams, imprisonment at hard labor for not less than ninety-nine
years without benefit of parole, probation, or suspension of sentence, and may, in addition,
be required to pay a fine of not more than five hundred thousand dollars.

(e) On conviction of an aggregate weight of two hundred fifty grams or more, life
imprisonment at hard labor, at least twenty-five years of which shall be served without
benefit of parole, probation, or suspension of sentence.

(f)(i) If the offender unlawfully distributes or dispenses fentanyl or a mixture or
substance containing a detectable amount of fentanyl or its analogues, or carfentanil or a
mixture or substance containing a detectable amount of carfentanil or its analogues, which
is the direct cause of serious bodily injury to the person who ingested or consumed the
substance, the offense shall be classified as a crime of violence, and the offender shall be
imprisoned at hard labor for an additional period of five years without benefit of probation,
parole, or suspension of sentence. The additional penalty imposed pursuant to this
Subparagraph shall be served consecutively to the sentence imposed under this Paragraph.

(ii) For purposes of this Subparagraph, "serious bodily injury" shall have the same
meaning as provided by R.S. 14:2(C).

(iii) This Subsection shall be known and may be cited as "Millie's Law".

C. Possession. It is unlawful for any person knowingly or intentionally to possess a
controlled dangerous substance as classified in Schedule II unless such substance was
obtained directly or pursuant to a valid prescription or order from a practitioner, as provided
in R.S. 40:978 while acting in the course of his professional practice, or except as otherwise
authorized by this Part. Any person who violates this Subsection with respect to:

(1) An aggregate weight of less than two grams, shall be imprisoned, with or without
hard labor, for not more than two years and, in addition, may be sentenced to pay a fine of
not more than five thousand dollars.

(2) An aggregate weight of two grams or more but less than twenty-eight grams shall
be imprisoned, with or without hard labor, for not less than one year nor more than five years
and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.

(3) Phencyclidine, for an amount of an aggregate weight of less than twenty-eight
grams, shall be imprisoned at hard labor for not less than one year nor more than twenty
years, or required to pay a fine of not more than five thousand dollars, or both.

(4) Fentanyl or a mixture or substance containing a detectable amount of fentanyl or
its analogues, or carfentanil or a mixture or substance containing a detectable amount of
carfentanil or its analogues, upon conviction for an amount of:

(a) An aggregate weight of less than two grams, shall be imprisoned, with or without
hard labor, for not less than two years nor more than four years.

(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall
be imprisoned, with or without hard labor, for not less than two years nor more than ten years
and may, in addition, be required to pay a fine of not more than five thousand dollars.

D. If a person knowingly or intentionally possesses a controlled substance as
classified in Schedule II, unless such substance was obtained directly or pursuant to a valid
prescription or order from a practitioner, as provided in R.S. 40:978 while acting in the
course of his professional practice, where the amount of the controlled substance is an
aggregate weight of twenty-eight grams or more, it shall be considered a violation of
Subsection A of this Section.

E. Treatment for fentanyl or carfentanil addiction as a condition for probation.

(1) Upon conviction of Paragraph (C)(4) of this Section, possession of fentanyl or
carfentanil, the court may suspend any sentence which it imposes and place the defendant on
probation pursuant to Code of Criminal Procedure Article 893. The court may order the
division of probation and parole of the Department of Public Safety and Corrections to
conduct a presentence investigation, or may order the defendant to obtain a substance abuse
evaluation, for the purpose of determining whether the defendant has a substance abuse
disorder.

(2) Upon receiving the report or evaluation, the court shall, if it finds probable cause
from such report to believe the defendant has a substance abuse disorder, order a
contradictory hearing for the purpose of making a judicial determination on whether the
defendant has a substance abuse disorder.

(3) If, at such contradictory hearing, the court determines that the defendant has a
substance abuse disorder, it shall require as a condition of probation that the defendant
complete a drug treatment program if the following conditions are met:

(a) There is an available program in the local jurisdiction that has sufficient
experience in working with criminal justice participants with substance abuse disorders and
is certified and approved by the state of Louisiana.

(b) The cost of the approved treatment does not create a substantial financial
hardship to the defendant or his dependents. For purposes of this determination, "substantial
financial hardship" shall have the same meaning as provided in R.S. 15:175.

(4) If the offender does not successfully complete the drug treatment program, or
otherwise violates the conditions of his probation, the court may revoke the probation or
impose other sanctions pursuant to Article 900 of the Code of Criminal Procedure.

*Amended by Acts 1991, 1st E.S., No. 2, §1; Acts 1991, No. 100, §1; Acts 1991, No. 513, §2; Acts 1993, No. 969, §1; Acts 1994, 3rd Ex. Sess., No. 77, §1; Acts 1997, No. 1284, §1; Acts 1999, No. 1194, §1; Acts 2000, 1st Ex. Sess., No. 13, §1, eff. April 13, 2000; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2001, No. 1036, §1; Acts 2002, 1st Ex. Sess., No. 45, §1, eff. April 18, 2002; Acts 2003, No. 761, §1; Acts 2005, No. 337, §2; Acts 2006, No. 68, §2; Acts 2008, No. 477, §1; Acts 2017, No. 281, §§2, 3; Acts 2018, No. 677, §1; Acts 2022, No. 671, §1; Acts 2023, No. 399, §1.*

##### **§ 40:967.1** Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics {#sec-40-967.1 omnilex-key=us-la-statutes--rs-title-40--40:967.1}

A. Any person who violates the provisions of R.S. 40:967(A) with respect to
fentanyl, where the fentanyl or packaging of the fentanyl reasonably appeals to a minor, shall
be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine
years without benefit of probation, parole, or suspension of sentence.

B. Any person who violates the provisions of R.S. 40:967(A) with respect to
fentanyl, where the fentanyl or packaging of the fentanyl is designed to resemble branded
prescription medication or its generic equivalent, shall be imprisoned at hard labor for not
less than ten years nor more than forty years without benefit of probation, parole, or
suspension of sentence.

C. For the purposes of this Section, the following definitions shall apply:

(1) "Fentanyl" shall mean a substance or mixture containing a detectable amount of
fentanyl or its analogues, or carfentanil or a mixture or substance containing a detectable
amount of carfentanil or its analogues.

(2) "Reasonably appeals to a minor" shall mean a design of the fentanyl or the
fentanyl's packaging that, due to the shape, color, taste, or design, includes but is not limited
to a resemblance of any of the following:

(a) A noncontrolled substance that is primarily consumed by and marketed to minors.

(b) The shape of an animal, vehicle, person, or character.

(c) Food or beverage that is attractive to minors and that is commonly sold in retail
establishments, regardless of whether the food or beverage is generic, trademarked, or a
branded product.

(d) Candy.

*Acts 2024, 2nd Ex. Sess. No. 19, §1; Acts 2024, No. 85, §1.*

##### **§ 40:968** Prohibited acts--Schedule III; penalties {#sec-40-968 omnilex-key=us-la-statutes--rs-title-40--40:968}

A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful
for any person knowingly or intentionally:

(1) To produce, manufacture, distribute or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule
III;

(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule III.

B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to any controlled dangerous substance classified in Schedule III shall
be sentenced to a term of imprisonment, with or without hard labor, for not less than one year
nor more than ten years and, in addition, may be sentenced to pay a fine of not more than
fifteen thousand dollars.

C. Possession. It is unlawful for any person knowingly or intentionally to possess
a controlled dangerous substance classified in Schedule III unless such substance was
obtained directly or pursuant to a valid prescription or order from a practitioner, or as
provided in R.S. 40:978 or 1060.21, while acting in the course of his professional practice
or except as otherwise authorized by this Part. Any person who violates this Subsection shall
be imprisoned, with or without hard labor, for not less than one year nor more than five years
and, in addition, may be required to pay a fine of not more than five thousand dollars.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §5; Acts 1991, No. 513, §2; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.*

##### **§ 40:969** Prohibited acts--Schedule IV; penalties {#sec-40-969 omnilex-key=us-la-statutes--rs-title-40--40:969}

A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful
for any person knowingly or intentionally:

(1) To produce, manufacture, distribute or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule
IV.

(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule IV.

B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to:

(1) Flunitrazepam shall be sentenced to a term of imprisonment at hard labor for not
less than one year nor more than twenty years and pay a fine of not more than fifty thousand
dollars.

(2) Any other controlled dangerous substance classified in Schedule IV, except
flunitrazepam, shall be sentenced to a term of imprisonment, with or without hard labor, for
not less than one year nor more than ten years and, in addition, may be sentenced to pay a
fine of not more than fifteen thousand dollars.

C. Possession. (1) It is unlawful for any person knowingly or intentionally to possess
a controlled dangerous substance classified in Schedule IV unless such substance was
obtained directly or pursuant to a valid prescription or order from a practitioner, or as
provided in R.S. 40:978, while acting in the course of his professional practice or except as
otherwise authorized by this Part. Any person who violates this Subsection with respect to:

(a) Flunitrazepam shall be imprisoned, with or without hard labor, for not less than
one year nor more than ten years and may, in addition, be required to pay a fine of not more
than five thousand dollars.

(b) Any other controlled dangerous substance shall be imprisoned, with or without
hard labor, for not less than one year nor more than five years and, in addition, may be
required to pay a fine of not more than five thousand dollars.

(2) It shall not be a violation of this Subsection for a pregnant woman to possess
mifepristone or misoprostol for her own consumption.

D. Whoever, with the intent to commit a crime of violence as defined in R.S.
14:2(B)(10) against an individual, violates Subsection A of this Section by administering a
controlled dangerous substance to a person who is unaware that the controlled dangerous
substance has been or is being administered to him, shall be sentenced to a term of
imprisonment at hard labor for not less than five years nor more than forty years and may be
fined not more than one hundred thousand dollars.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §6; Acts 1997, No. 1191, §1; Acts 2005, No. 14, §1; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4; Acts 2024, No. 246, §3, eff. Oct. 1, 2024.*

##### **§ 40:970** Prohibited acts--Schedule V; penalties {#sec-40-970 omnilex-key=us-la-statutes--rs-title-40--40:970}

A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful
for any person knowingly or intentionally:

(1) To produce, manufacture, distribute or dispense or possess with intent to produce,
manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule
V.

(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled
dangerous substance classified in Schedule V.

B. Violations of Subsection A. Any person who violates Subsection A of this
Section with respect to any controlled dangerous substance classified in Schedule V shall be
sentenced to a term of imprisonment, with or without hard labor, for not less than one year
nor more than five years and, in addition, may be sentenced to pay a fine of not more than
five thousand dollars.

C. Possession. It is unlawful for any person unknowingly or intentionally to possess
a controlled dangerous substance classified in Schedule V unless such substance was
obtained directly or pursuant to a valid prescription or order from a practitioner, or as
provided in R.S. 40:978, while acting in the course of his professional practice or except as
otherwise authorized by this Part. Any person who violates this Subsection shall be
imprisoned with or without hard labor for not less than one year nor more than five years
and, in addition, may be required to pay a fine of not more than five thousand dollars.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §7; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.*

##### **§ 40:971** Prohibited acts; all schedules {#sec-40-971 omnilex-key=us-la-statutes--rs-title-40--40:971}

A.(1) It shall be unlawful for any person:

(a) Who is subject to the requirements of this part to distribute or dispense a controlled dangerous substance in violation of this part; or

(b) Who is a licensee to manufacture, distribute, or dispense a controlled dangerous substance to another licensee or other authorized person not authorized by his license; or

(c) To omit, remove, alter, or obliterate a symbol required by the Uniform Controlled Dangerous Substances Law; or

(d) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice or information required under this part; or

(e) To refuse entry into any premise for inspection as authorized by this part; or

(f) To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is frequented by persons using controlled dangerous substances in violation of this part for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this part.

(2) Any person who violates this subsection shall be fined not more than fifteen thousand dollars. Such proceeding shall be independent, and not in lieu of, other proceedings under this part or any other law of this state. If the violation is prosecuted by a bill of information or an indictment which alleges that the violation was committed knowingly or intentionally, such person, upon conviction, shall be imprisoned for not more than six months; and, in addition, may be sentenced to pay a fine of not more than five hundred dollars.

B.(1) It shall be unlawful for any person knowingly or intentionally:

(a) To use in the course of the manufacture or distribution of a controlled dangerous substance a license number which is fictitious, revoked, suspended or issued to another person; or

(b) To acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge; or

(c) To furnish false or fraudulent material, information in any application, report or other document required to be kept by this part.

(d) To make, distribute, or possess any punch, die, plate, stone or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another of any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled dangerous substance; or

(e) To alter any controlled dangerous substance obtained by prescription without prior approval of the department; or

(f) To alter any prescription for a controlled dangerous substance; provided that this shall not apply to the person issuing the original prescription or the pharmacist pursuant to instructions from the physician; or

(g) To obtain or attempt to obtain a prescription or prescription blank form from a doctor, dentist, or veterinarian for a controlled dangerous substance and/or legend drug by fraud, theft, misrepresentation, deception or subterfuge.

(h) To possess a prescription for a controlled dangerous substance and/or legend drugs without the express consent of the party for whom such prescription was written. For the purposes hereof a legend drug is any drug or drug product bearing on the label of the manufacturer or distributor as required by the Federal Food and Drug Administration the statement "Caution: Federal law prohibits dispensing without prescription."

(i) To obtain or seek to obtain any controlled dangerous substance or a prescription for a controlled dangerous substance from a health care practitioner, while being supplied with any controlled dangerous substance or a prescription for any controlled dangerous substance by another health care practitioner, without disclosing the fact of the existing prescription to the practitioner from whom the subsequent prescription for a controlled dangerous substance is sought. Failure of a practitioner to request the disclosure is not a violation of this Subsection by the practitioner. The disclosure shall include the name of the controlled dangerous substance, the date of the prescription, the amount of the controlled substance prescribed, and the number of refills if any. The disclosure shall be made in writing by the person obtaining or seeking to obtain the controlled dangerous substance and shall be made a part of the person's medical record by the health care practitioner. As used in this Section, the term "existing" shall mean the period of time within which the prescription was prescribed to be taken.

(2) Any person who violates this subsection shall be imprisoned, with or without hard labor, for not more than five years; and, in addition may be sentenced to pay a fine of not more than five thousand dollars.

C.(1) It shall be unlawful for a person, including a physician, dentist, podiatrist, or veterinarian, to prescribe, dispense, or administer legally controlled substances beyond his respective prescribing authority or for a purpose other than accepted medical treatment of a disease, condition, or illness.

(2) It shall be unlawful for a pharmacist to dispense legally controlled substances beyond his dispensing authority.

(3) Any person who violates this Subsection shall be subject to the penalties as established for the controlled dangerous substance and the particular criminal act committed in R.S. 40:966 through 967.

D. Every practitioner, as defined in R.S. 40:961, may, if he has a good faith belief that a crime has been committed on the premises, notify local law enforcement authorities when it is believed that an individual has obtained a fraudulent prescription for any controlled dangerous substance or any person has attempted to obtain a fraudulent prescription for any controlled dangerous substance.

E. Every pharmacy in which a controlled dangerous substance is physically obtained by a patient or a patient's agent shall require every person purchasing, receiving, or otherwise acquiring any controlled dangerous substance to produce a photo identification card, unless the patient or the patient's agent is known to the pharmacist. The person purchasing, receiving, or otherwise acquiring the controlled dangerous substance prescription does not have to be the specific patient to whom the prescription is issued.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §8; Acts 1975, No. 613, §§1, 2; Acts 1975, No. 700, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 984, §1; Acts 2006, No. 600, §1; Acts 2007, No. 287, §1.*

##### **§ 40:971.1** Prohibited acts; false representation {#sec-40-971.1 omnilex-key=us-la-statutes--rs-title-40--40:971.1}

A. It shall be unlawful for any person to produce, manufacture, distribute, dispense,
transport, deliver, or possess with intent to distribute or dispense any substance which is
represented to be a controlled dangerous substance and which is an imitation controlled
dangerous substance, or any controlled dangerous substance which is a counterfeit controlled
dangerous substance.

B. The provisions of this Section shall not apply to a law enforcement officer acting
in the course and scope of his employment or to a medical practitioner, pharmacist, or other
person authorized to dispense or administer controlled dangerous substances pursuant to this
Part.

C. Any person who violates the provisions of this Section shall be imprisoned with
or without hard labor for not more than five years, and in addition may be fined not more
than five thousand dollars.

*Added by Acts 1981, No. 914, §1. Acts 1993, No. 154, §1; Acts 1994, 3rd Ex. Sess., No. 34, §1; Acts 2010, No. 530, §1; Acts 2011, No. 100, §1; Acts 2018, No. 206, §4.*

##### **§ 40:971.2** Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances {#sec-40-971.2 omnilex-key=us-la-statutes--rs-title-40--40:971.2}

A. This Section shall be known as and may be cited as the "Pain Management Clinic Drug Abuse and Overdose Prevention Act".

B. It shall be unlawful for a physician, other licensed health care practitioner as defined in R.S. 40:961(31), or any other person to knowingly or intentionally commit any of the following acts:

(1) Assist a patient or any other person in obtaining a controlled dangerous substance through misrepresentation, fraud, forgery, deception, or subterfuge.

(2) Write a prescription for a controlled dangerous substance for a fictitious person.

(3) Distribute or dispense a controlled dangerous substance to a fictitious person.

(4) Operate any type of business or establishment where the primary purpose of the business or establishment is the sale, exchange, barter, or trade of a controlled dangerous substance for anything of value through misrepresentation, fraud, forgery, deception, or subterfuge.

C. Whoever violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years, and in addition may be sentenced to pay a fine of not more than fifty thousand dollars.

*Acts 2005, No. 25, §1; Acts 2006, No. 51, §1.*

##### **§ 40:971.3** Misbranding or adulteration of drugs with intent to defraud or mislead {#sec-40-971.3 omnilex-key=us-la-statutes--rs-title-40--40:971.3}

Any person who violates the provisions of R.S. 40:617 or 636 with respect to any
drug, as defined in R.S. 40:602, and with the intent to defraud or mislead shall be
imprisoned, with or without hard labor, for not more than five years, or fined not more than
ten thousand dollars, or both.

*Acts 2017, No. 108, §1.*

##### **§ 40:972** Rules and regulations and fees {#sec-40-972 omnilex-key=us-la-statutes--rs-title-40--40:972}

A. The Louisiana Board of Pharmacy is authorized to promulgate rules and
regulations relating to the registration and control of the manufacture, distribution, and
dispensing of controlled dangerous substances within this state.

B. The fees collected by the Louisiana Board of Pharmacy for registration and
licensing shall not exceed the following schedule:

Minimum

(1) Manufacturer $ 100.00

(2) Ambulatory surgical centers $ 50.00

(3) Emergency medical centers $ 50.00

(4) Hospital $ 50.00

(5) Methadone clinic $ 50.00

(6) Wholesaler/Distributor $ 50.00

(7) Third-party logistics provider $ 50.00

(8) Practitioner $ 20.00

(9) Intern/Resident $ 20.00

(10) Drug Detection/Canine $ 30.00

(11) Researcher $ 30.00

(12) Sales representative (or medical service representative

or detail person) $ 20.00

(13) Other (schools, laboratories, crime laboratories, coroners,

ambulance services, analytical laboratories, etc.) $ 20.00

(14) Duplicate/Replacement fee $ 5.00

(15) Delinquent fee

(30 days after expiration/assessed per year) $ 10.00

C. All said fees collected in accordance with the provisions of this Chapter shall be
deposited in a separate fund and used for the administration and enforcement of this Part, and
for education and research as provided by R.S. 40:992, together with any supplemental funds
appropriated by the legislature or federal funds or grants received.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 186, §1; Acts 2018, No. 206, §4.*

##### **§ 40:973** Licensing requirements {#sec-40-973 omnilex-key=us-la-statutes--rs-title-40--40:973}

A.(1) Every person who conducts research with, manufactures, distributes, procures,
possesses, prescribes, or dispenses any controlled dangerous substance within this state,
including third-party logistics providers, or who proposes to engage in the research,
manufacture, distribution, procurement, possession, prescribing, or dispensing of any
controlled dangerous substance within this state, including third-party logistics providers,
shall obtain a controlled dangerous substance license issued by the Louisiana Board of
Pharmacy in accordance with the rules and regulations promulgated by the board prior to
engaging in such activity.

(2) Upon initial application or upon renewal of a controlled dangerous substance
license from the Louisiana Board of Pharmacy, a prescribing practitioner shall automatically
and without further action be registered as a participant in the prescription monitoring
program established in R.S. 40:1001 et seq. For purposes of this Subsection, the term
"practitioner" shall include those with prescription authority for controlled substances in
Louisiana, excluding veterinarians.

B. The following persons shall not be required to obtain a license and may lawfully
possess controlled dangerous substances under the provisions of this Part:

(1) An agent, or an employee thereof, of any registered manufacturer, distributor, or
dispenser of any controlled dangerous substance if such agent is acting in the usual course
of his business or employment.

(2) A common or contract carrier or warehouseman, or an employee thereof, whose
possession of any controlled dangerous substance is in the usual course of his business or
employment.

(3) An ultimate user or person in possession of any controlled dangerous substance
pursuant to a lawful order of a practitioner.

C. The Louisiana Board of Pharmacy may, by regulation, waive the requirement for
licensing of certain manufacturers, distributors, or dispensers if it finds it consistent with the
public health and safety.

D. A separate license shall be required at each principal place of business or
professional practice where the applicant manufactures, distributes, or dispenses controlled
dangerous substances.

E. The Louisiana Board of Pharmacy is authorized to inspect the establishment of
a licensee or applicant for licensing in accordance with the rules and regulations promulgated
by the board.

F.(1) Any person licensed by the Louisiana Board of Pharmacy to manufacture,
distribute, or dispense controlled dangerous substances shall submit to the board data on
transactions involving the disbursement of Schedule II controlled dangerous substances to
licensed Louisiana registrants except as provided in R.S. 40:972 and 988(B).

(2) The Louisiana Board of Pharmacy is authorized to promulgate rules and
regulations necessary to implement the provisions of this Subsection including but not
limited to the scope of such data, the form in which it is to be submitted, and the time
requirements for such submission.

G.(1) The Louisiana Board of Pharmacy shall disseminate its findings concerning
possible violations to the respective boards for action in correcting violations on the part of
licensed Louisiana registrants.

(2)(a) Such supervisory board shall receive the findings of the Louisiana Board of
Pharmacy concerning possible violations and shall disseminate such findings to the
respective boards for action in correcting violations on the part of licensed Louisiana
registrants.

(b) All expenses for the operation of the supervisory board shall be borne by the
licensing boards which make up said supervisory boards.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 702, §1; Acts 1989, No. 662, §5, eff. July 7, 1989; Acts 2006, No. 834, §1; Acts 2017, No. 76, §1, eff. June 12, 2017; Acts 2018, No. 186, §1; Acts 2018, No. 206, §4.*

##### **§ 40:973.1** Louisiana Board of Pharmacy; criminal history record information {#sec-40-973.1 omnilex-key=us-la-statutes--rs-title-40--40:973.1}

A. For purposes of this Section, the following definitions apply:

(1) "Applicant" means an individual who has applied to the board for the issuance
or reinstatement of any controlled dangerous substance license that the board is authorized
by law to issue.

(2) "Board" means the Louisiana Board of Pharmacy.

(3) "Bureau" means the Louisiana Bureau of Criminal Identification and Information.

(4) "Criminal history record" or "criminal history record information" means
information collected by criminal justice agencies on individuals consisting of identifiable
descriptions and notations of arrests, detentions, indictments, bills of information, or any
formal criminal charges, and any disposition arising therefrom, including sentencing,
correctional supervision, and release. The terms do not include information gathered or
collected for intelligence or investigatory purposes, nor do the terms include any
identification information which does not indicate involvement of the individual in the
criminal justice system.

(5) "FBI" means the Federal Bureau of Investigation of the United States Department
of Justice.

(6) "Licensure" means any controlled dangerous substance license that the board is
authorized to issue.

B. In addition to any other requirement established by rule, the board may require
an applicant who is not in possession of a valid and verifiable license or other credential from
a standing professional board of the state of Louisiana or from the Louisiana Department of
Health, bureau of health services financing, health standards, or their successors, to do the
following as a condition for eligibility for licensure:

(1) Submit fingerprints and other identifying information to the board.

(2) Permit the board to request and obtain state and national criminal history record
information on the applicant.

C.(1) The costs of providing the information required under this Section shall be
charged by the bureau, as specified in R.S. 15:587, to the board including any additional
costs of providing the national criminal history records check for information that pertains
to the applicant.

(2) The board may impose any or all of such fees or costs on the applicant.

D. Upon request by the board and upon the board's submission of an applicant's
fingerprints and other identifying information as may be required, the bureau shall conduct
a search of its criminal history record information relative to the applicant and report the
results of its search to the board within sixty days from receipt of such request. Pursuant to
R.S. 15:587, the bureau may charge the board a processing fee.

E. If the criminal history record information reported by the bureau to the board does
not provide grounds for disqualification of the applicant for licensure by the board, the board
may forward the applicant's fingerprints and other identifying information as may be required
to the FBI with a request for a search of national criminal history record information relative
to the applicant.

F. Any state or national criminal history record information that is obtained by the
board from the bureau or FBI and that is not already a matter of public record shall not be
public record and shall be confidential, restricted to the exclusive use of the board, its
members, officers, investigators, agents, and attorneys in evaluating the applicant's eligibility
or ineligibility for licensure. No information or record related to the state or national
criminal history record information of an applicant shall be released or otherwise disclosed
to any other person or agency, except with the written consent of the applicant or by an order
of a court of competent jurisdiction.

*Acts 2019, No. 219, §1.*

##### **§ 40:974** Licensing {#sec-40-974 omnilex-key=us-la-statutes--rs-title-40--40:974}

A. The Louisiana Board of Pharmacy shall license an applicant to manufacture or
distribute controlled dangerous substances included in Schedules I through V of R.S. 40:964
at such fees as it shall determine to be reasonable, unless it determines that the issuance of
such license is inconsistent with the public interest. In determining the public interest, the
following factors shall be considered:

(1) Maintenance of effective controls against diversion of particular controlled
dangerous substances and any Schedule I or II substance compounded therefrom into other
than legitimate medical, scientific, or industrial channels.

(2) Compliance with applicable state and local law.

(3) Prior conviction record of applicant under federal or state laws relating to the
manufacture, distribution, or dispensing of such substances.

(4) Past experience in the manufacture of controlled dangerous substances, and the
existence in the establishment of effective controls against diversion.

(5) Such other factors as are relevant to and consistent with the public health and
safety.

B. Licenses granted under Subsection A of this Section shall not entitle a licensee
to manufacture and distribute controlled dangerous substances in Schedule I or II other than
those specified in the license.

C. A license application by a practitioner who wishes to conduct research with a
controlled substance shall be referred to the Louisiana Board of Pharmacy. Licensing by the
Louisiana Board of Pharmacy for the purpose of bona fide research with a controlled
dangerous substance by a practitioner deemed qualified by the board may be denied only on
a ground specified in R.S. 40:975(A) or on the ground that the applicant's past practice or
proposed procedures furnish grounds for the belief that the applicant will abuse or unlawfully
transfer such substances from legitimate medical or scientific use.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:975** Denial, revocation, suspension, or termination of license {#sec-40-975 omnilex-key=us-la-statutes--rs-title-40--40:975}

A. A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a
controlled dangerous substance may be suspended or revoked by the Louisiana Board of
Pharmacy upon a finding that the applicant or licensee meets any of the following criteria:

(1) He has materially falsified any application filed pursuant to or required by this
Part.

(2) He has been convicted of a felony under this Part or any law of the United States,
or of any state, relating to any substances defined in this Part as a controlled dangerous
substance, or any felony under any other law of the United States or of any state within five
years of the date of the issuance of the license.

(3) His federal license has been suspended or revoked by competent federal authority
and he is no longer authorized by federal law to engage in the manufacturing, distribution,
or dispensing of controlled dangerous substances.

(4) He has manufactured, distributed, or dispensed controlled dangerous substances
in violation of any provision of this Part or any other state or federal laws pertaining to the
manufacture, distribution, or dispensing of controlled dangerous substances.

(5) He has repeatedly failed to submit to the Louisiana Board of Pharmacy data on
transactions involving the disbursement of Schedule II controlled dangerous substances to
licensed Louisiana registrants as required by R.S. 40:973(F) and by rules promulgated
pursuant thereto.

B. The Louisiana Board of Pharmacy may limit revocation or suspension of a license
to the particular controlled dangerous substance with respect to which grounds for revocation
or suspension exist.

C. Before taking action pursuant to this Section or pursuant to a denial of license
under R.S. 40:974, the Louisiana Board of Pharmacy shall serve upon the applicant or
licensee an order to show cause why the license should not be denied, revoked, or suspended.
The order to show cause shall contain a statement of the basis thereof and shall call upon the
applicant or licensee to appear before the Louisiana Board of Pharmacy at a time and place
stated in the order, but in no event less than thirty days after the date of receipt of the order.
Proceedings to deny, revoke, or suspend shall be conducted pursuant to this Section in
accordance with the Administrative Procedure Act, R.S. 49:950 et seq. Such proceedings
shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under
this Part or any law of the state.

D. The Louisiana Board of Pharmacy may, in its discretion, suspend any license
simultaneously with the institution of proceedings under this Section in cases where it finds
that there is an imminent danger to the public health or safety. Such suspension shall
continue in effect until the conclusion of such proceedings, including judicial review thereof,
unless sooner withdrawn by the Louisiana Board of Pharmacy or dissolved by a court of
competent jurisdiction.

E. In the event the Louisiana Board of Pharmacy suspends or revokes a license
granted under R.S. 40:974, all controlled dangerous substances owned or possessed by the
licensee pursuant to such license at the time of suspension or the effective date of the
revocation order, as the case may be, may, in the discretion of the board, be placed under
seal. No disposition may be made of substances under seal until the time for taking an
appeal has elapsed or until all appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale
with the court. Upon a revocation order becoming final, all such controlled dangerous
substances shall be forfeited to the state.

F. The Bureau of Narcotics and Dangerous Drugs shall promptly be notified of all
orders suspending or revoking license and all forfeitures of controlled dangerous substances.

G.(1) A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a
controlled dangerous substance shall be terminated by the Louisiana Board of Pharmacy if
the licensee has failed to timely renew the license and submit the applicable fee, including
the fee for the prescription monitoring program authorized pursuant to R.S. 40:1013, and
thirty days have elapsed since the date of expiration.

(2) Any appeal from the provisions of this Subsection shall be governed by the
Administrative Procedure Act.

(3) The Louisiana Board of Pharmacy shall promulgate rules, regulations, and
standards to implement the provisions of this Subsection. The rules, regulations, and
standards shall be promulgated in accordance with the Administrative Procedure Act.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 608, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 702, §1; Acts 1997, No. 62, §1; Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:976** Records of licensees {#sec-40-976 omnilex-key=us-la-statutes--rs-title-40--40:976}

Each licensee manufacturing, distributing, or dispensing controlled dangerous
substances in Schedule I, II, III, IV, or V shall make a complete and accurate record of all
stocks of such dangerous substances on hand. Thereafter, complete and accurate records of
all such dangerous substances shall be maintained until the next inventory is made for the
next two-year period as required by this Section. At each two-year period after July 29,
1970, at the time of his regular physical inventory, each licensee manufacturing, distributing,
or dispensing controlled dangerous substances shall prepare an inventory of each dangerous
substance in his possession. Records and inventories shall contain such information as shall
be provided by rules and regulations promulgated by the Louisiana Board of Pharmacy. This
Section shall not apply to practitioners who lawfully prescribe or administer, but do not
otherwise dispense, controlled dangerous substances listed in Schedule I, II, III, IV, or V of
this Part.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:976.1** Chemical precursor; recordkeeping requirements {#sec-40-976.1 omnilex-key=us-la-statutes--rs-title-40--40:976.1}

A. A manufacturer, wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes any of the following precursor substances shall make an accurate and
legible record of the transaction and maintain the record for a period of at least five years
after the date of the transaction:

(1) Methylamine

(2) Ethylamine

(3) D-lysergic acid

(4) Ergotamine tartrate

(5) Diethyl malonate

(6) Malonic acid

(7) Ethyl malonate

(8) Barbituric acid

(9) Piperidine

(10) N-acetylanthranilic acid

(11) Pyrrolidine

(12) Phenylacetic acid

(13) Anthranilic acid

(14) Morpholine

(15) Ephedrine

(16) Pseudoephedrine or norpseudoephedrine

(17) Phenylpropanolamine

(18) Acetic anhydride

(19) Anthranilic acid, its esters and its salts

(20) Benzaldehyde

(21) Benzyl chloride

(22) Benzyl cyanide

(23) Ergonovine and its salts

(24) Hydriodic acid

(25) Isosafrole

(26) 3,4-methylenedioxyphenyl-2-propanone

(27) N-ethylephedrine, its salts, optical isomers, and salts of optical isomers

(28) N-ethylpseudoephedrine, its salts, optical isomers, and salts of optical isomers

(29) N-methylephedrine, its salts, optical isomers, and salts of optical isomers

(30) N-methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers

(31) Nitroethane

(32) 1-phenyl-1-chloro-2-methylaminopropanone (chloroephedrine;
chloropseudoephedrine), their salts, optical isomers, and salts of optical isomers

(33) Phenyl-2-propanone

(34) Piperonal

(35) Propionic anhydride

(36) Safrole

(37) Thionylchloride

B.(1) Before selling, transferring, or otherwise furnishing to a person in this state a
precursor substance designated in Subsection A of this Section, a manufacturer, wholesaler,
retailer, or other person shall obtain from the buyer or recipient not representing a business
the following information:

(a) The recipient's driver's license number or other personal identification certificate
number, date of birth, and residential or mailing address, other than post office box number.
This information shall be obtained from a driver's license or other personal identification
card issued by the Department of Public Safety and Corrections that contains a photograph
of the recipient.

(b) The year, state, and number of the motor vehicle license of the motor vehicle
owned or operated by the recipient.

(c) A complete description of how the substance is to be used.

(d) The recipient's signature.

(2) Before selling, transferring, or otherwise furnishing to a person in this state a
precursor substance designated in Subsection A of this Section, a manufacturer, wholesaler,
retailer, or other person shall obtain from the buyer or recipient representing a business the
following information:

(a) A letter of authorization from the business that includes the business license or
comptroller tax identification number, address, area code, and telephone number and a
complete description of how the substance is to be used.

(b) The signature of the recipient.

(3) For any recipient, the seller, manufacturer, or retailer shall sign as a witness to
the signature and identification of the recipient.

C. Except as provided by Subsection E of this Section, a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise furnishes to a person in this state
a precursor substance designated in Subsection A of this Section shall, at least twenty-one
days before the delivery of the substance, submit a report of the transaction on a form
obtained from the deputy secretary that includes the information required by Subsection B
of this Section.

D. The deputy secretary shall supply to a manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise furnishes a precursor substance subject to
Subsection A of this Section a form for the submission of:

(1) The report required by Subsection C of this Section.

(2) The name and measured amount of the precursor substance, delivered.

(3) Any other information required by the deputy secretary.

E. The deputy secretary shall require a manufacturer, wholesaler, retailer, or other
person to submit a comprehensive monthly report instead of the report required by
Subsection C of this Section if the deputy secretary determines either of the following:

(1) That there is a pattern of regular supply and purchase of the substance between
the furnisher and the recipient.

(2) That the recipient has established a record of utilization of the substance solely
for a lawful purpose.

F. A manufacturer, wholesaler, retailer, or other person who received from a source
outside this state a substance designated in Subsection A of this Section or who discovers a
loss or theft of a substance designated in Subsection A of this Section shall submit a report
of the transaction to the deputy secretary in accordance with rules adopted pursuant to
administrative procedure, and shall include in the report any difference between the amount
of the substance actually received and the amount of the substance shipped according to the
shipping statement or invoice or the amount of the loss or theft.

G. A report required under Subsection F of this Section shall:

(1) Be made not later than the third day after the date that the manufacturer,
wholesaler, retailer, or other person learns of the discrepancy, loss, or theft.

(2) If the discrepancy, loss, or theft occurred during a shipment of the substance,
include the name of the common carrier or person who transported the substance and the date
that the substance was shipped.

H. The provisions of this Section shall not apply to the sale or transfer of a
nonnarcotic product that includes a precursor substance listed in Subsection A of this
Section, if the product may otherwise be sold lawfully with a prescription or over the counter
without a prescription under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or a rule adopted thereunder.

I. Any person who violates the provisions of this Section shall be imprisoned with
or without hard labor for not more than one year, and in addition may be fined not more than
one thousand dollars.

*Added by Acts 1989, No. 374, §1. Acts 1993, No. 994, §1; Acts 2018, No. 206, §4.*

##### **§ 40:977** Order forms {#sec-40-977 omnilex-key=us-la-statutes--rs-title-40--40:977}

Controlled dangerous substances in Schedules I and II shall be distributed only pursuant to an order form.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1.*

##### **§ 40:978** Prescriptions {#sec-40-978 omnilex-key=us-la-statutes--rs-title-40--40:978}

A. Except when dispensed or administered directly by a medical practitioner or
administered by a person authorized to administer by such practitioner, other than a
pharmacist, to an ultimate user, no controlled dangerous substance included in Schedule II,
which is a prescription drug as determined under the Louisiana Revised Statutes of 1950,
may be dispensed or administered without either the written prescription of a practitioner,
or an electronic prescription order as provided by federal law or regulation, except that in
emergency situations, as prescribed by the board by regulation, such drug may be dispensed
or administered upon oral prescription reduced promptly to writing and filed by the
pharmacist. Prescriptions shall be retained in conformity with the requirements of R.S.
40:976. No prescription for a Schedule II substance may be refilled nor may such
prescription be filled more than ninety days after the date of the prescription. The pharmacist
filling a prescription for a Schedule II substance may, upon request of the patient, dispense
the prescribed substance in an amount less than the full quantity prescribed in accordance
with 21 U.S.C. 829.

B. Except when dispensed or administered directly by a practitioner or administered
by a person authorized to administer by such practitioner, other than a pharmacist, to an
ultimate user, no controlled dangerous substance included in Schedule III and IV which is
a prescription drug as determined under the Louisiana Revised Statutes may be dispensed or
administered without either a written prescription, an oral prescription, or an electronic
prescription order as provided by federal law or regulation. Such prescription may not be
filled or refilled more than six months after the date thereof or refilled more than five times
after the date of the prescription, unless renewed by the practitioner.

C. No controlled dangerous substance included in Schedule V may be distributed,
administered or dispensed other than for a medical purpose by prescription of a licensed
practitioner or as otherwise permitted by the provisions of this Part. However, nothing
contained in this Subsection shall prohibit a practitioner from delegating the authority to
administer controlled dangerous substances in Schedule V to a person authorized by such
practitioner.

D. Notwithstanding the requirements of this Section, a prescription for a controlled
substance listed in Schedule II, III, IV, or V may be generated, signed, transmitted, and
received in electronic form, but only in conformance with the federal rules established by the
United States Drug Enforcement Administration at 21 CFR 1311.

E.(1) The pharmacist shall not dispense more than a ten-day supply at a dosage not
to exceed the United States Food and Drug Administration's approved labeling for the
medication if the prescriber for such medication is not licensed by the state of Louisiana, and
the medication is an opioid derivative Schedule II or an opioid derivative Schedule III
controlled dangerous substance. The dispensing pharmacist shall notify the prescriber of the
supply dispensed and the cancellation of the remainder of the prescription.

(2) Within sixty days of the dispensing of a medication pursuant to Paragraph (1) of
this Subsection, such a medication shall not be dispensed again for the individual by a
prescriber not licensed by the state of Louisiana.

(3) The provisions of this Subsection shall not apply if either of the following apply:

(a) The prescription monitoring information from the state of the prescriber may be
viewed by the dispensing pharmacist.

(b) The prescriber includes on the prescription a diagnosis of cancer or terminal
illness.

F.(1) A prescriber or his delegate shall access and review the patient's record in the
prescription monitoring program established in R.S. 40:1001 et seq. prior to initially
prescribing any opioid to a patient, and shall access the prescription monitoring program and
review the patient's record at least every ninety days if the patient's course of treatment
continues for more than ninety days. The requirement established in this Subsection shall
not apply in the following instances:

(a) The drug is prescribed or administered to a hospice patient or to any other patient
who has been diagnosed as terminally ill.

(b) The drug is prescribed or administered for the treatment of cancer-related chronic
or intractable pain.

(c) The drug is ordered or administered to a patient being treated in a hospital.

(d) The prescription monitoring program is inaccessible or not functioning properly
due to an internal or external electronic issue. However, the prescriber or his delegate shall
check the prescription monitoring program once electronic accessibility has been restored
and note the cause for the delay in the patient's chart.

(e) No more than a single seven-day supply of the drug is prescribed or administered
to a patient.

(2) The provisions of this Subsection shall be enforced by the health profession
licensing board that regulates the prescriber. Each health profession licensing board that
regulates prescribers shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to comply with the mandate in this Subsection. If a health
profession licensing board becomes aware of a prescriber's first failure to comply with this
Subsection, as verified by the data of the prescription monitoring program, the board shall
notify the prescriber of the relevant statutory requirements and inform the prescriber of the
need to correct or amend his prescribing practices to comply with the provisions of this
Subsection. If a health profession licensing board becomes aware of a second or subsequent
failure to comply with this Subsection, as verified by the data of the prescription monitoring
program, the board shall treat the notification as a complaint against the licensee, but shall
not consider such notice as evidence of deviation from standard of care.

(3) The provisions of this Subsection shall not apply to individuals licensed by the
Louisiana Board of Veterinary Medicine.

G.(1)(a) Except as provided in Paragraph (2) of this Subsection, when issuing a first-time opioid prescription for outpatient use to an adult patient with an acute condition, a
medical practitioner shall not issue a prescription for more than a seven-day supply.

(b) Except as provided in Paragraph (2) of this Subsection, a medical practitioner
shall not issue a prescription for an opioid to a minor for more than a seven-day supply at any
time and shall discuss with a parent, tutor, or guardian of the minor the risks associated with
opioid use and the reasons why the prescription is necessary.

(2) If, in the professional medical judgment of a medical practitioner, more than a
seven-day supply of an opioid is required to treat the adult or minor patient's acute medical
condition or is necessary for the treatment of chronic pain management, pain associated with
a cancer diagnosis, or for palliative care, the practitioner may issue a prescription for the
quantity needed to treat the patient's acute medical condition or pain. The condition
triggering the prescription of an opioid for more than a seven-day supply shall be
documented in the patient's medical record and the practitioner shall indicate that a
nonopioid alternative was not appropriate to address the medical condition. The medical
practitioner shall indicate on the prescription that more than a seven-day supply of the opioid
is medically necessary.

(3) This Subsection shall not apply to medications designed for the treatment of
substance abuse or opioid dependence.

H.(1) Prior to issuing a prescription for an opioid, a medical practitioner shall do
both of the following:

(a) Consult with the patient regarding the quantity of the opioid and the patient's
option to fill the prescription in a lesser quantity.

(b) Inform the patient of the risks associated with the opioid prescribed.

(2)(a) A pharmacist filling a prescription for an opioid may dispense the prescribed
substance in an amount less than the recommended full quantity indicated on the prescription
if requested by the patient and the prescription complies with the provisions of this Section.
The patient may request that the pharmacist fill an additional amount not to exceed the
remaining prescribed quantity in accordance with 21 U.S.C. 829.

(b) If the dispensed amount is less than the recommended full quantity, the
pharmacist or a designee shall ensure that the actual dispensed amount is accurately recorded
in the prescription monitoring program. The pharmacist or a designee shall also, within
seven days, make a notation in the interoperable electronic health record of the patient if the
pharmacist has access to the record.

(c) Nothing in this Subsection shall be interpreted to conflict with or supersede any
other requirement established in this Section for a prescription of a controlled dangerous
substance or any requirements or conditions for drug substitutions established by law.

I. The transfer between pharmacies of a prescription or prescription information for
controlled substances is permissible in conformance with 21 CFR Part 1306.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1975, No. 667, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2011, No. 155, §1; Acts 2014, No. 865, §1; Acts 2015, No. 189, §1, eff. June 23, 2015; Acts 2016, No. 192, §1, eff. May 26, 2016; Acts 2017, No. 76, §1, eff. June 12, 2017; Acts 2017, No. 82, §1; Acts 2018, No. 32, §1; Acts 2018, No. 206, §4; Acts 2018, No. 219, §2; Acts 2018, No. 405, §1; Acts 2019, No. 426, §1; Acts 2024, No. 205, §1.*

##### **§ 40:978.1** Naloxone; first responder; prescription; administration to third party; limitation of liability {#sec-40-978.1 omnilex-key=us-la-statutes--rs-title-40--40:978.1}

A. For the purposes of this Section, the following definitions apply:

(1) "First responder" means any of the following:

(a) A peace officer as defined in R.S. 40:2402.

(b) A firefighter regularly employed by a fire department of any municipality, parish,
or fire protection district of the state of Louisiana, or any volunteer fireman of the state of
Louisiana.

(c) An EMS practitioner as defined in R.S. 40:1131.

(2) "Law enforcement agency" means an agency of a federally recognized Indian
tribe or band or a state or political subdivision of a state, whose purpose is the detection and
prevention of crime and enforcement of laws or ordinances.

(3) "Opioid-related drug overdose" means a condition including extreme physical
illness, decreased level of consciousness, respiratory depression, coma, or the ceasing of
respiratory or circulatory function resulting from the consumption or use of an opioid, or
another substance with which an opioid was combined.

B. A first responder may receive a prescription for naloxone or another opioid
antagonist, maintain the naloxone or other opioid antagonist in the first responder's
possession, and administer the naloxone or other opioid antagonist to any individual who is
undergoing or who is believed to be undergoing an opioid-related drug overdose.

C.(1) Before receiving a prescription for naloxone or another opioid antagonist
pursuant to this Section, a first responder shall complete the training necessary to safely and
properly administer naloxone or another opioid antagonist to individuals who are undergoing
or who are believed to be undergoing an opioid-related drug overdose. The training, at a
minimum, shall cover all of the following:

(a) Techniques on how to recognize symptoms of an opioid-related overdose.

(b) Standards and procedures for the storage and administration of naloxone or
another opioid antagonist.

(c) Emergency follow-up procedures.

(2) A first responder shall keep a record of each instance in which the first responder
administers naloxone or another opioid antagonist to an individual who is undergoing or who
is believed to be undergoing an opioid-related drug overdose.

D. A law enforcement agency or fire department may enter into a written agreement
to affiliate with an ambulance service provider or a physician for all of the following
purposes:

(1) Obtaining a supply of naloxone or another opioid antagonist.

(2) Allowing law enforcement officers and firefighters to obtain the training
necessary to safely and properly administer naloxone or another opioid antagonist to
individuals who are undergoing or who are believed to be undergoing an opioid-related drug
overdose.

E. A first responder who, reasonably believing another person to be undergoing an
opioid-related drug overdose, administers naloxone or another opioid antagonist to that
person shall be immune from civil liability, criminal prosecution, or disciplinary or other
adverse action under any professional licensing statute for any outcomes resulting from the
administration of the naloxone or another opioid antagonist to that person, unless personal
injury results from the gross negligence or willful or wanton misconduct of the first
responder administering the drug.

F. The deputy secretary of public safety services of the Department of Public Safety
and Corrections shall develop and promulgate, in accordance with the Administrative
Procedure Act, a set of best practices for use by a fire department or law enforcement agency
in the administration and enforcement of this Section including but not limited to the training
necessary to safely and properly administer naloxone or another opioid antagonist to
individuals who are undergoing or who are believed to be undergoing an opioid-related drug
overdose, the standards and procedures for the storage and administration of naloxone or
another opioid antagonist, and emergency follow-up procedures.

*Acts 2014, No. 253, §1; Acts 2018, No. 206, §4.*

##### **§ 40:978.2** Naloxone; prescription; dispensing; administration by third party; limitation of liability {#sec-40-978.2 omnilex-key=us-la-statutes--rs-title-40--40:978.2}

A. A licensed medical practitioner may, directly or by standing order, prescribe or
dispense the drug naloxone or another opioid antagonist without having examined the
individual to whom it may be administered if both of the following conditions are met:

(1) The licensed medical practitioner provides the individual receiving and
administering the naloxone or other opioid antagonist all training required by the department
for the safe and proper administration of naloxone or another opioid antagonist to individuals
who are undergoing or who are believed to be undergoing an opioid-related drug overdose.
The training, at a minimum, shall address all of the following:

(a) Techniques on how to recognize signs of an opioid-related drug overdose.

(b) Standards and procedures for the storage and administration of naloxone or
another opioid antagonist.

(c) Emergency follow-up procedures including the requirement to summon
emergency services either immediately before or immediately after administering the
naloxone or other opioid antagonist to an individual apparently experiencing an opioid-related drug overdose.

(2) The naloxone or other opioid antagonist is prescribed or dispensed in such a
manner that it shall be administered through a device approved for this purpose by the United
States Food and Drug Administration.

B. A licensed medical practitioner who, in good faith, prescribes or dispenses
naloxone or another opioid antagonist pursuant to Subsection A of this Section shall not, as
a result of any act or omission, be subject to civil liability, criminal prosecution, or
disciplinary or other adverse action under any professional licensing statute.

C.(1)(a) A licensed pharmacist shall dispense naloxone or another opioid antagonist
prescribed, directly or by standing order, by a licensed medical practitioner pursuant to this
Section.

(b) A licensed pharmacist may dispense naloxone or another opioid antagonist
pursuant to a nonpatient-specific standing order as provided for in rules promulgated by the
Louisiana Board of Pharmacy.

(2) A licensed pharmacist who, in good faith, dispenses naloxone or another opioid
antagonist pursuant to this Subsection shall not, as a result of any act or omission, be subject
to civil liability, criminal prosecution, or disciplinary or other adverse action under any
professional licensing statute.

D. Notwithstanding any other provision of law or regulation, a person or
organization acting pursuant to a standing order issued by a healthcare professional who is
authorized to prescribe naloxone or another opioid antagonist may store naloxone or another
opioid antagonist and may dispense naloxone or another opioid antagonist if such activities
are performed without charge or compensation.

E. Notwithstanding any other provision of law or regulation, any person may
lawfully possess naloxone or another opioid antagonist.

F. A person acting in good faith who, pursuant to the provisions of this Section,
receives and administers naloxone or another opioid antagonist to a person reasonably
believed to be undergoing an opioid-related drug overdose shall be immune from criminal
and civil liability for the administration, unless personal injury results from the gross
negligence or willful or wanton misconduct in the administration of the drug.

G. The department shall develop and promulgate a set of best practices for use by
a licensed medical practitioner pursuant to this Section including but not limited to the
training necessary to safely and properly administer naloxone or another opioid antagonist
to individuals who are undergoing or who are believed to be undergoing an opioid-related
drug overdose, the standards and procedures for the storage and administration of naloxone
or another opioid antagonist, and emergency follow-up procedures.

H. For the purposes of this Section the following definitions apply:

(1) "Department" means the Louisiana Department of Health.

(2) "Licensed medical practitioner" means a physician or other healthcare
practitioner licensed, certified, registered, or otherwise authorized to perform specified
healthcare services consistent with state law.

(3) "Opioid-related drug overdose" means a condition including extreme physical
illness, decreased level of consciousness, respiratory depression, coma, or the ceasing of
respiratory or circulatory function resulting from the consumption or use of an opioid, or
another substance with which an opioid was combined.

*Acts 2015, No. 192, §1; Acts 2016, No. 370, §1, eff. June 5, 2016.*

##### **§ 40:978.2.1** Reporting of opioid-related overdoses {#sec-40-978.2.1 omnilex-key=us-la-statutes--rs-title-40--40:978.2.1}

A. For purposes of this Section, the following definitions apply:

(1) "First responders" means the first arriving organized responders with the
capability and mission to contain, mitigate, and resolve the emergency at hand such as but
not limited to ambulance services, emergency medical service providers, or law enforcement.

(2) "Opioid-related drug overdose" means a fatal or nonfatal condition including
extreme physical illness, decreased level of consciousness, respiratory depression, coma, or
the ceasing of respiratory or circulatory function resulting from the consumption or use of
an opioid, or another substance with which an opioid was combined.

B. First responders may provide reports or documents to the Louisiana Department
of Health, office of public health, related to dispatches where an encountered individual was
experiencing an opioid-related drug overdose and whether naloxone was administered. The
office of public health shall treat any such reports or documents as confidential and such
documents shall not be subject to release pursuant to a public records request or subpoena
to the Louisiana Department of Health or the office of public health.

*Acts 2019, No. 423, §1, eff. June 20, 2019.*

##### **§ 40:978.2.2** Hospital drug screening; fentanyl; minors {#sec-40-978.2.2 omnilex-key=us-la-statutes--rs-title-40--40:978.2.2}

A. If a minor is treated at a hospital for a suspected opioid overdose and the hospital
conducts a urine drug screening to assist in diagnosing the minor's condition, the hospital
shall include testing for fentanyl in the minor's urine drug screening.

B. If the urine drug screening conducted in accordance with Subsection A of this
Section detects fentanyl, the hospital shall report the de-identified test results to the
Louisiana Department of Health, office of public health.

C. A hospital shall complete the reporting requirements of this Section and comply
with any mandatory reporting requirements established in Children's Code Articles 609 and
610.

*Acts 2024, No. 769, §1.*

##### **§ 40:978.3** Continuing education for the prescribing of controlled substances {#sec-40-978.3 omnilex-key=us-la-statutes--rs-title-40--40:978.3}

A. The continuing education requirement established in this Section shall apply to
all practitioners with prescriptive authority in Louisiana that have a controlled dangerous
substance license in Louisiana.

B. Each licensing board that regulates practitioners with prescriptive authority in
Louisiana shall establish continuing education requirements as a prerequisite to license
renewal. Each board shall develop continuing education criteria, to include drug diversion
training, best practice prescribing of controlled substances, appropriate treatment for
addiction, and any other matters regarding the prescribing of controlled dangerous substances
that are deemed appropriate by the board. Rules and regulations to implement this Section
shall be promulgated in accordance with the Administrative Procedure Act. Such rules shall
include all of the following:

(1) Each practitioner with prescriptive authority in Louisiana who holds a controlled
dangerous substance license shall obtain three credit hours of continuing education as a
prerequisite to license renewal with his professional licensing board. Successful completion
of this requirement once shall satisfy the requirement in full.

(2) A practitioner with prescriptive authority in Louisiana who has a controlled
dangerous substance license shall be exempt from the continuing education requirements for
license renewal established in this Section if he completes and submits to his licensing board
a certification form developed by his licensing board attesting that he has not prescribed,
administered, or dispensed a controlled dangerous substance during the entire applicable
reporting period. The licensing board shall verify the attestation of the prescriber through
the prescription monitoring program established in R.S. 40:1001 et seq.

C. The licensing board shall provide its members with information on how to access
the continuing education courses as required by this Section and shall retain annual
compliance documentation that shall be submitted to the Senate and House committees on
health and welfare to demonstrate aggregate prescriber compliance. No license shall be
renewed for an individual who fails to comply with the provisions of this Section.

D. The continuing education hours required by this Section shall be considered
among the credit hours required of the prescriber by the licensing board on and after August
1, 2017, and shall not be considered an additional requirement to be met by a prescriber.

E. The provisions of this Section shall not apply to individuals licensed by the
Louisiana Board of Veterinary Medicine.

*Acts 2017, No. 76, §2, eff. Jan. 1, 2018; Acts 2018, No. 206, §4; Acts 2018, No. 219, §2.*

##### **§ 40:979** Attempt and conspiracy {#sec-40-979 omnilex-key=us-la-statutes--rs-title-40--40:979}

Any person who attempts or conspires to commit any offense set forth in the
provisions of this Part shall, upon conviction, be fined or imprisoned in the same manner as
for the offense planned or attempted, but such fine or imprisonment shall not exceed one-half
of the longest term of imprisonment prescribed for the offense, the commission of which was
the object of the attempt or conspiracy.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 632, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2018, No. 199, §1.*

##### **§ 40:980** Additional penalties {#sec-40-980 omnilex-key=us-la-statutes--rs-title-40--40:980}

Any penalty imposed for violation of this Part shall be in addition to, and not in lieu
of, any civil or administrative penalty or sanction authorized by law.

*Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.*

##### **§ 40:981** Distribution to persons under age eighteen {#sec-40-981 omnilex-key=us-la-statutes--rs-title-40--40:981}

A. Any person who is at least twenty-five years of age or more who violates
R.S. 40:966 or 967 by distributing a substance listed in Schedule I or II that is a
narcotic drug to a person under eighteen years of age shall, upon conviction, be
punished by imprisonment at hard labor for not less than ten nor more than thirty
years.

B. Any person who is at least eighteen years of age who violates R.S. 40:966
or 967 by distributing a substance listed in Schedule I or II that is a narcotic drug to
a person under eighteen years of age who is at least three years his junior shall, upon
conviction, be punished by a term of imprisonment of not less than five nor more
than thirty years.

C. Any person who is at least eighteen years of age who violates R.S. 40:966
through 970 by distributing any other controlled dangerous substance listed in
Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least
three years his junior shall, upon conviction, be punished by a term of imprisonment
up to one and one-half times the longest term of imprisonment authorized by R.S.
40:966 through 970 or by payment of not more than twice the fine authorized by R.S.
40:966 through 970, or both.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §9; Acts 2001, No. 403, §4, eff. June 15, 2001.*

##### **§ 40:981.1** Distribution to a student {#sec-40-981.1 omnilex-key=us-la-statutes--rs-title-40--40:981.1}

Any person who violates any provision of R.S. 40:966 through 970 by distributing any controlled dangerous substance listed in Schedules I, II, III, IV, and V to any student enrolled in any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution in Louisiana shall, upon conviction, be punished by a term of imprisonment of not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970 or by payment of not more than twice the fine authorized by the applicable provisions of R.S. 40:966 through 970, or both.

*Acts 1986, No. 1051, §1; Acts 2001, No. 403, §4, eff. June 15, 2001.*

##### **§ 40:981.2** Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances {#sec-40-981.2 omnilex-key=us-la-statutes--rs-title-40--40:981.2}

A. No person eighteen years of age or older shall solicit, procure, or counsel any person under eighteen years of age to produce, manufacture, distribute, or dispense or possess with the intent to produce, manufacture, distribute, or dispense, in violation of any provision of R.S. 40:966 through R.S. 40:970, any controlled dangerous substance listed in Schedules I, II, III, IV, or V, or to distribute or attempt to distribute, in violation of R.S. 40:989, a chemical substance commonly known as "rush".

B. Except as provided in Subsection C of this Section, any person who violates the provisions of this Section shall upon conviction be punished by a term of imprisonment of not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970, or by a fine of not more than twice that authorized by such applicable provisions, or both.

C. Any person eighteen years of age or older who violates the provisions of this Section by soliciting, procuring, or counseling a person under eighteen years of age to distribute or to attempt to distribute cocaine, oxycodone, heroin, methamphetamine, or methadone in violation of R.S. 40:967(A) or (B) shall be sentenced to a term of imprisonment at hard labor for not less than ten nor more than thirty years, at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence.

*Acts 1988, No. 885, §1; Acts 1989, No. 372, §1; Acts 1991, No. 837, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2005, No. 337, §1; Acts 2006, No. 68, §1; Acts 2012, No. 616, §1, eff. June 7, 2012.*

##### **§ 40:981.3** Violation of Uniform Controlled Dangerous Substances Law; drug free zone {#sec-40-981.3 omnilex-key=us-la-statutes--rs-title-40--40:981.3}

A.(1) Any person who violates a provision of R.S. 40:966 through 970 of the
Uniform Controlled Dangerous Substances Law while on any property used for school
purposes by any school, within two thousand feet of any such property, or while on a school
bus, shall, upon conviction, be punished in accordance with Subsection D of this Section.

(2) Any person who violates a provision of R.S. 40:966(A), 967(A), 968(A), 969(A),
or 970(A) while on property used as a drug treatment facility or within two thousand feet of
any such property, when included within an area marked as a drug free zone pursuant to R.S.
40:1058.10, shall, upon conviction, be punished in accordance with Subsection D of this
Section.

(3)(a) Any person who violates a provision of R.S. 40:966 through 970 of the
Uniform Controlled Dangerous Substances Law while on any religious building property,
public housing authority property, child day care center property, or within two thousand feet
of any such property, if the area is posted as a drug free zone, shall, upon conviction, be
punished in accordance with Subsection D of this Section.

(b) In order for the provisions of this Section to apply to religious buildings, public
housing authority property, or child day care center property, the building must be posted as
a drug free zone as provided herein. The design and posting of the signs shall be at the
discretion of the entity that owns or has authority over the religious building, public housing
authority property, or child day care center property. In order to post the area as a drug free
zone, the signs shall be located in a visible manner on or near each religious building, public
housing authority property, or child day care center property indicating that such area is a
drug free zone, that such zone extends for a distance of two thousand feet, and that a
violation of the Uniform Controlled Dangerous Substances Law will subject the offender to
severe penalties under law.

B. Lack of knowledge that the prohibited act occurred on or within two thousand feet
of school or drug treatment facility property shall not be a defense.

C. For purposes of this Section:

(1) "School" means any public or private elementary, secondary, vocational-technical
school, or any public or private college or university in Louisiana.

(2) "School property" means all property used for school purposes, including but not
limited to school playgrounds, as well as any building or area owned by the state or by a
political subdivision and used or operated as a playground or recreational facility and all
parks and recreational areas administered by the office of state parks.

(3) "Drug treatment facility" means all property used for diagnostic, treatment, and
rehabilitative services to patients and their families with problems related to alcohol, drug,
or substance abuse.

(4) "Religious building property" means property on which is located any church,
synagogue, mosque, or other building, structure, or place used for religious worship or other
religious purpose.

(5) "Public housing authority property" means all property owned or operated by a
public housing authority or agency created by state law or by any ordinance enacted by a
local governing authority.

(6) "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.).

D.(1) Whoever violates a provision of this Section shall be punished by the
imposition of the maximum fine and be imprisoned for not more than one and one-half times
the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966
through 970.

(2) A sentence imposed for a violation of the provisions of this Section shall not be
subject to parole, probation, or suspension of sentence to the extent that the minimum
sentence for a violation of a felony provision of R.S. 40:966 through 970 is not subject to
parole, probation, or suspension of sentence.

E. Repealed by Acts 2014, No. 289, §2, eff. May 28, 2014.

*Added by Acts 1989, No. 171, §2; Acts 1990, No. 293, §2, eff. July 5, 1990; Acts 1990, No. 1027, §2, eff. July 26, 1990; Acts 1994, 3rd Ex. Sess., No. 46, §1; Acts 1997, No. 355, §1, eff. June 20, 1997; Acts 1999, No. 253, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2004, No. 820, §1; Acts 2006, No. 142, §1; Acts 2006, No. 168, §1; Acts 2010, No. 506, §2; Acts 2014, No. 265, §1; Acts 2014, No. 289, §§1, 2, eff. May 28, 2014.*

##### **§ 40:981.4** Repealed by Acts 2014, No. 512, §1. {#sec-40-981.4 omnilex-key=us-la-statutes--rs-title-40--40:981.4}

*Repealed by Acts 2014, No. 512, §1.*

##### **§ 40:982** Second or subsequent offenses {#sec-40-982 omnilex-key=us-la-statutes--rs-title-40--40:982}

A. Any person convicted of any offense under this Part, if the offense is a second or
subsequent offense, shall be sentenced to a term of imprisonment that is twice that otherwise
authorized or to payment of a fine that is twice that otherwise authorized, or both. If the
conviction is for an offense punishable under R.S. 40:966(B), 967(B), 968(B), or 969(B), and
if it is the offender's second or subsequent offense, the court may impose, in addition to any
term of imprisonment and fine, twice the special parole term otherwise authorized.

B. For purposes of this Section, an offense shall be considered a second or
subsequent offense if, prior to the commission of such offense, the offender had at any time
been convicted of any violation of this state, the United States, any other state of or any
foreign country, relating to the unlawful use, possession, production, manufacturing,
distribution, or dispensation of any narcotic drug, marijuana, depressant, stimulant, or
hallucinogenic drugs.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §10; Acts 2018, No. 206, §4.*

##### **§ 40:983** Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance; definition; penalties {#sec-40-983 omnilex-key=us-la-statutes--rs-title-40--40:983}

A. Creation or operation of a clandestine laboratory for the unlawful manufacture of
a controlled dangerous substance is any of the following:

(1) The purchase, sale, distribution, or possession of any material, compound,
mixture, preparation, supplies, equipment, or structure with the intent that it be used for the
unlawful manufacture of a controlled dangerous substance.

(2) The transportation or arranging for the transportation of any material, compound,
mixture, preparation, supplies, or equipment with the intent that such material, compound,
mixture, preparation, supplies, or equipment be used for the unlawful manufacture of a
controlled dangerous substance.

(3) The distribution of any material, compound, mixture, preparation, equipment,
supplies, or products, which material, compound, mixture, preparation, equipment, supplies,
or products have been used in, or produced by, the unlawful manufacture of a controlled
dangerous substance.

(4) The disposal of any material, compound, mixture, preparation, equipment,
supplies, products, or byproducts, which material, compound, mixture, preparation,
equipment, supplies, products, or byproducts have been used in, or produced by, the unlawful
manufacture of a controlled dangerous substance.

B. It shall be unlawful for any person to knowingly or intentionally create or operate
a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance.

C. (1) Except as provided in Paragraph (2) of this Subsection, whoever commits the
crime of creation or operation of a clandestine laboratory for the unlawful manufacture of a
controlled dangerous substance shall be sentenced to imprisonment at hard labor for not less
than five years nor more than fifteen years and may, in addition, be sentenced to pay a fine
of not more than twenty-five thousand dollars.

(2) Whoever commits the crime of creation or operation of a clandestine laboratory
for the unlawful manufacture of fentanyl or a mixture or substance containing a detectable
amount of fentanyl or its analogues, or carfentanil or a mixture or substance containing a
detectable amount of carfentanil or its analogues, shall be sentenced as follows:

(a) On a first conviction, imprisonment at hard labor for not less than ten years nor
more than forty years, at least ten years of which shall be served without benefit of parole,
probation, or suspension of sentence and may, in addition, be required to pay a fine of not
more than fifty thousand dollars.

(b) On a second conviction, imprisonment at hard labor for not less than thirty years
nor more than forty years, at least ten years of which shall be served without benefit of
parole, probation, or suspension of sentence and may, in addition, be required to pay a fine
of not more than five hundred thousand dollars.

(c) On a third or subsequent conviction, imprisonment at hard labor for not less than
ninety-nine years, which shall be served without benefit of parole, probation, or suspension
of sentence and may, in addition, be required to pay a fine of not more than five hundred
thousand dollars.

D. In addition to the penalties provided in Subsection C of this Section, a person
convicted under the provisions of this Section may be ordered to make restitution for the
actual governmental cost incurred in the cleanup of any hazardous waste resulting from the
operation of a laboratory for the unlawful manufacture of a controlled dangerous substance.
The court may order that such amount be paid directly to the governmental agency or
agencies that actually incurred the cleanup expense.

*Acts 2003, No. 1051, §1; Acts 2023, No. 148, §1.*

##### **§ 40:983.1** Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance on or within one thousand feet of school property {#sec-40-983.1 omnilex-key=us-la-statutes--rs-title-40--40:983.1}

A. Any person who creates or operates a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance in violation of the provisions of R.S. 40:983 while on any property used for school purposes by any school or within one thousand feet of any such property shall, upon conviction, be punished in accordance with Subsection D of this Section.

B. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.

C. For purposes of this Section:

(1) "School" means any public or private elementary, secondary, vocational-technical school, or any public or private college or university in Louisiana.

(2) "School property" means all property used for school purposes, including but not limited to school playgrounds, as well as any building or area owned by the state or by a political subdivision and used or operated as a playground or recreational facility and all parks and recreational areas administered by the office of state parks.

D. Whoever violates the provisions of this Section shall be imprisoned at hard labor for not less than five nor more than fifteen years; and may, in addition, be sentenced to pay a fine of not more than twenty-five thousand dollars. At least three years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

E. The sentence imposed pursuant to the provisions of this Section shall be served consecutively with the sentence imposed pursuant to the provisions of R.S. 40:983.

*Acts 2004, No. 875, §1.*

##### **§ 40:984** Powers of enforcement personnel {#sec-40-984 omnilex-key=us-la-statutes--rs-title-40--40:984}

The Louisiana Board of Pharmacy's authorized employees may:

(1) Carry firearms.

(2) Execute and serve search warrants, arrest warrants, administrative inspection
warrants, subpoenas, and summonses issued under the authority of this state.

(3) Make arrests without warrant for any offense under this Part on the same basis
as provided in Code of Criminal Procedure Article 213.

(4) Make seizures of property pursuant to the authority granted under the provisions
of this Part.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:985** Search warrants {#sec-40-985 omnilex-key=us-la-statutes--rs-title-40--40:985}

A search warrant relating to offenses involving controlled dangerous substances may be authorized to be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant.

*Added by Acts 1972, No. 634, §1.*

##### **§ 40:986** Administrative inspections and warrants {#sec-40-986 omnilex-key=us-la-statutes--rs-title-40--40:986}

A. Issuance and execution of administrative inspection warrants shall be as follows:

(1) Any judge of a state court of record, or any state magistrate of any court of record
may, within his jurisdiction, and upon proper oath or affirmation after being satisfied there
is probable cause to believe that legal grounds exist for the issuance of such warrant, issue
warrants for the purpose of conducting administrative inspections authorized by this Part or
regulations thereunder, and may authorize seizure of property related to such inspections. (2) A warrant shall issue only upon an affidavit of any law enforcement officer or
employee designated in R.S. 40:984 having knowledge of the facts alleged, sworn to before
a judge or magistrate of any court of record and establishing the grounds for issuing the
warrant. If the judge or magistrate of any court of record is satisfied that grounds for the
application exist or that there is probable cause to believe they exist, he shall issue a warrant
identifying the area, premises, building, or conveyance to be inspected, the purpose of such
inspection, and, where appropriate, the type of property to be inspected, if any. The warrant
shall also identify the item or types of property to be seized, if any. The warrant shall be
directed to a person authorized by R.S. 40:984 to execute it. The warrant shall state the
grounds for its issuance and the name of the person or persons whose affidavit has been
taken in support thereof. It shall command the person to whom it is directed to inspect the
area, premises, building, or conveyance identified for the purposes specified, and, where
appropriate, shall also direct the seizure of the property specified. The warrant shall direct
that it be served during normal business hours. It shall designate the judge or magistrate of
any court of record to whom it shall be returned.

(3) A warrant issued pursuant to this Section shall be executed and returned within
ten days of its date. If property is seized pursuant to a warrant, the person executing the
warrant shall give to the person from whom or from whose premises the property was taken
a copy of the warrant and a receipt for the property taken. The return of the warrant shall be
made promptly and shall be accompanied by a written inventory of any property taken. The
inventory shall be made in the presence of the person executing the warrant and of the person
from whose possession or premises the property was taken. The judge or magistrate of any
court of record, upon request, shall deliver a copy of the inventory to the person from whom
or from whose premises the property was taken and to the applicant for the warrant.

(4) The judge or magistrate of any court of record who has issued a warrant under
this Section shall attach to the warrant a copy of the return and all papers filed in connection
therewith and shall file them with the clerk of the state court for the judicial district in which
the inspection was made.

B. The Louisiana Board of Pharmacy is authorized to make administrative
inspections of controlled premises in accordance with the following provisions:

(1) For purposes of this Section only, "controlled premises" means all of the
following:

(a) Places where persons licensed or exempted from licensing requirements under
this Part are required to keep records.

(b) Places including factories, warehouses, establishments, and conveyances where
persons licensed or exempted from licensing requirements under this Part are permitted to
possess, manufacture, compound, process, sell, deliver, or otherwise dispose of any
controlled dangerous substance.

(2) When so authorized by an administrative inspection warrant issued pursuant to
Subsection A of this Section a law enforcement officer or an employee as designated in R.S.
40:984, upon presenting the warrant and appropriate credentials to the owner, operator, or
agent in charge, shall have the right to enter controlled premises for the purpose of
conducting such an administrative inspection.

(3) When so authorized by an administrative inspection warrant, a law enforcement
officer or an employee as designated in R.S. 40:984 shall have the right:

(a) To inspect and copy records required by this Part to be kept.

(b) To inspect, within reasonable limits and in a reasonable manner, the controlled
premises and all pertinent equipment, finished and unfinished material, containers and
labeling found therein, and except as provided in Paragraph (5) of this Subsection, all other
things therein including records, files, papers, processes, controls, and facilities subject to
regulation and control by the provisions of this Part or by regulations promulgated by the
Louisiana Board of Pharmacy.

(c) To inventory any stock of any controlled dangerous substance therein and obtain
samples of any such substance.

(4) This Section shall not be construed to prevent the inspection without a warrant
of books and records pursuant to an administrative subpoena issued in accordance with this
Section, nor shall this Section be construed to prevent entries and administrative inspections
including seizures of property without a warrant:

(a) With the written consent of the owner, operator, or agent in charge of the
controlled premises;

(b) In situations involving inspection of conveyances where there is probable cause
to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(5) Except when the owner, operator, or agent in charge of the controlled premises
so consents in writing, no inspection authorized by this Section shall extend to any of the
following:

(a) Financial data.

(b) Sales data other than shipment data.

(c) Pricing data.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:987** Injunctions {#sec-40-987 omnilex-key=us-la-statutes--rs-title-40--40:987}

Any district court of this state shall have jurisdiction in proceedings in accordance
with the rules of such courts to enjoin violations of this Part and in accordance with the Code
of Civil Procedure and other laws of this state.

*Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.*

##### **§ 40:988** Cooperative arrangements; inspections {#sec-40-988 omnilex-key=us-la-statutes--rs-title-40--40:988}

A. The Louisiana Board of Pharmacy may cooperate with federal and other state
agencies in discharging its responsibilities concerning dangerous substances. To this end,
it is authorized to:

(1) Arrange for the exchange of information between governmental officials
concerning the use and abuse of dangerous substances.

(2) Coordinate and cooperate in training programs on dangerous substance law
enforcement at the local and state levels.

(3) Cooperate with the Federal Bureau of Narcotics and Dangerous Drugs by
establishing a centralized unit which will receive, catalogue, file, and collect statistics,
including records of drug dependent persons and other dangerous substance law offenders
within the state, and make such information available for federal, state, and local law
enforcement purposes.

(4) Conduct programs of eradication aimed at destroying wild or illicit growth of
plant species from which controlled dangerous substances may be extracted.

B.(1) Any other provision of this Part to the contrary notwithstanding, the
inspections authorized or required by that law, insofar as pharmacists and pharmacies
registered and licensed under the Louisiana Board of Pharmacy only are concerned, shall be
conducted by the Louisiana Board of Pharmacy, through its duly authorized officers,
members, inspectors, agents, and representatives, insofar as pharmacists and pharmacies
registered and licensed under the Louisiana Board of Pharmacy are concerned; and
compliance with requirements involving security measures, inventories, records, and reports
required by that law and/or the regulations promulgated from time to time in connection
therewith shall be administratively determined by the Louisiana Board of Pharmacy, insofar
as pharmacists and pharmacies registered and licensed under the Louisiana Board of
Pharmacy only are concerned.

(2) Any other provision of this Part to the contrary notwithstanding, the inspections
authorized or required by that law, insofar as physicians licensed to practice medicine by the
Louisiana State Board of Medical Examiners only are concerned, shall be conducted by the
Louisiana State Board of Medical Examiners, through its duly authorized officers, members,
inspectors, agents, and representatives, insofar as physicians licensed to practice medicine
by the Louisiana State Board of Medical Examiners are concerned. Compliance with
requirements involving security measures, inventories, records, and reports required by that
law or the regulations promulgated in connection therewith, or both, shall be administratively
determined by the Louisiana State Board of Medical Examiners insofar as physicians
licensed to practice medicine by the Louisiana State Board of Medical Examiners only are
concerned.

C. Any other provision of this Part to the contrary notwithstanding, the inspections
authorized or required by that law, insofar as persons licensed by the Louisiana Department
of Health including dentists, veterinarians, scientific investigators, hospitals, or other persons
licensed, registered, or otherwise permitted to distribute, dispense, conduct research with
respect to, or administer a controlled dangerous substance in the course of professional
practice or research in this state, shall be conducted and furnished exclusively by the
Louisiana Department of Health, through its duly authorized officers, members, inspectors,
agents, and representatives, insofar as dentists, veterinarians, scientific investigators,
hospitals, or other persons licensed, registered, or otherwise permitted to distribute, dispense,
conduct research with respect to, or administer a controlled dangerous substance in the
course of professional practice or research in this state registered and licensed under the
Louisiana Department of Health are concerned; and compliance with requirements involving
security measures, inventories, records, and reports required by that law and/or the
regulations promulgated from time to time in connection therewith shall be administratively
determined by the Louisiana Department of Health.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:989** Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penalties {#sec-40-989 omnilex-key=us-la-statutes--rs-title-40--40:989}

A.(1) It shall be unlawful for any person to inhale, ingest, use, or possess any
compound, liquid, gas, or chemical which contains butyl nitrite, isobutyl nitrite, secondary
butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite,
secondary butyl nitrite, or tertiary butyl nitrite.

(2) It shall be unlawful for any person to inhale, ingest, use, or possess any
compound, liquid, gas, or chemical which contains nitrous oxide, commonly known as
"laughing gas", and any amyl nitrite, commonly known as "poppers" or "snappers".

B. The provisions of Subsection A of this Section shall not apply to any of the
following:

(1) The possession and use of these substances by a person who is at least twenty-one
years of age when prescribed as part of the care or treatment of a disease, condition, or injury
by a licensed medical or dental practitioner.

(2) The possession and use of these substances as part of a manufacturing process or
industrial operation by a manufacturer or a person who is at least twenty-one years of age and
employed by the manufacturer.

(3) The possession, use, or sale of nitrous oxide as a propellant in food preparation
for restaurant or food service.

(4) The possession, use, or sale of houseware products by a person at least twenty-one
years of age.

(5) The possession, use, or sale of nitrous oxide for automotive purposes by a person
at least twenty-one years of age.

C. The presence of additional flavoring in a substance or labeling on any part of a
container of the substance referring to the contents being flavored shall create a rebuttable
presumption against the exceptions described in Subsection B of this Section.

D. It shall be unlawful for any person, entity, business, or corporation, including an
online retailer, to produce, manufacture, possess, buy, sell, or otherwise transfer any
substance specified in Subsection A of this Section or otherwise violate the provisions of
Subsection A of this Section.

E.(1) Whoever violates the provisions of Subsection A of this Section shall be fined
not more than two thousand five hundred dollars or imprisoned with or without hard labor
for not more than one year, or both.

(2)(a) Whoever violates the provisions of Subsection D of this Section shall be fined
not more than twenty-five thousand dollars or imprisoned with or without hard labor for not
more than one year, or both.

(b) Any person, entity, business, or corporation that violates the provisions of
Subsection D of this Section and possesses a certificate, permit, or license issued by the
commissioner of alcohol and tobacco control in the Department of Revenue shall have its
certificate, permit, or license suspended for thirty days upon the first violation. The
certificate, permit, or license shall be revoked upon a second violation.

F. Any person who violates any of the provisions of this Section may, in the
discretion of the trial judge, be required to participate in an approved drug rehabilitation
program as a condition of probation.

G.(1) The office of alcohol and tobacco control may conduct any investigation as
necessary to regulate and enforce the provisions of this Section.

(2) The provisions of this Subsection shall not prohibit a law enforcement agency of
the state or its political subdivisions with appropriate jurisdiction from enforcing the
provisions of this Section.

H. The office of alcohol and tobacco control shall promulgate rules and regulations
in accordance with the Administrative Procedure Act to provide for the regulation and
enforcement of this Section.

*Acts 1988, No. 777, §1, eff. July 18, 1988; Acts 1992, No. 933, §1, eff. July 9, 1992; Acts 1993, No. 500, §1; Acts 2024, No. 248, §1; Acts 2025, No. 106, §1.*

##### **§ 40:989.1** Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions {#sec-40-989.1 omnilex-key=us-la-statutes--rs-title-40--40:989.1}

A.(1) It shall be unlawful for any person knowingly or intentionally to produce,
manufacture, distribute, or possess with intent to produce, manufacture, or distribute a
material, compound, mixture, or preparation intended for human consumption which
contains a hallucinogenic plant.

(2) Whoever violates the provisions of this Subsection shall be sentenced to a term
of imprisonment with or without hard labor for not less than two years nor more than ten
years and may, in addition, be sentenced to pay a fine of not more than twenty thousand
dollars.

B.(1) It shall be unlawful for any person knowingly or intentionally to possess a
material, compound, mixture, or preparation intended for human consumption which
contains a hallucinogenic plant.

(2) Any person who violates the provisions of this Subsection shall be sentenced to
a term of imprisonment with or without hard labor for not more than five years and may, in
addition, be sentenced to pay a fine of not more than five thousand dollars.

C. For the purposes of this Section:

(1) "Distribute" means to sell, lease, rent, barter, trade, furnish, supply, or otherwise
transfer in exchange for anything of value a material, compound, mixture, or preparation
intended for human consumption which contains a hallucinogenic plant.

(2) "Hallucinogenic plant" means any part or portion of any of the following:

(a) Brugmansia arborea.

(b) Amanita muscaria.

(c) Conocybe spp.

(d) Panaeolus spp.

(e) Psilocybe spp.

(f) Stropharia spp.

(g) Vinca rosea.

(h) Ipomoea violacea.

(i) Datura spp.

(j) Pancreatium trianthum.

(k) Kaempferia galanga.

(l) Olmedioperebea sclerophylla.

(m) Mesembryanthemum spp.

(n) Virola spp.

(o) Anadenanthera peregrina.

(p) Anadenanthera colubrina.

(q) Erythina spp.

(r) Genista canariensis.

(s) Mimosa hostilis.

(t) Rhynchosia spp.

(u) Sophora secundiflora.

(v) Peganum harmala.

(w) Banisteriopsis spp.

(x) Tetrapteris methystica.

(y) Heimia salicfolia.

(z) Tabernanthe iboga.

(aa) Prestonia amazonica.

(bb) Lagoehilus inebrians.

(cc) Rivea corymbosa.

(dd) Salvia divinorum.

(ee) Atropa belladonna.

(ff) Hyoscyamus niger.

(gg) Mandragora officinarum.

(hh) Brunfelsia spp.

(ii) Methysticodendron amesianum.

(jj) Latua pubiflora.

(kk) Calea Zacatechichi.

(ll) Physalis subglabrata.

(mm) Solanum carolinense.

(nn) Amanita pantherina.

(3) "Homeopathic drug" means any drug labeled as being homeopathic which is
listed in the Homeopathic Pharmacopeia of the United States, an addendum to it, or its
supplements. The potencies of homeopathic drugs are specified in terms of dilution.
Homeopathic drug products must contain diluents commonly used in homeopathic
pharmaceutics. Drug products containing homeopathic ingredients in combination with non-homeopathic active ingredients are not homeopathic drug products.

(4) "Manufacture" means the production, preparation, propagation, compounding,
or processing of a material, compound, mixture, or preparation intended for human
consumption which contains a hallucinogenic plant either directly or indirectly by extraction
from substances of natural origin, or independently by means of chemical synthesis, or by
a combination of extraction and chemical synthesis. Manufacturer includes any person who
packages, repackages, or labels any container holding a material, compound, mixture, or
preparation intended for human consumption which contains a hallucinogenic plant.

(5) "Production" includes the manufacture, planting, cultivation, growing, or
harvesting of a hallucinogenic plant.

D. The provisions of this Section shall not apply to the possession, planting,
cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic,
landscaping, or decorative purposes.

E. The provisions of this Section shall not apply to any dosage form which is legally
obtainable from a retail establishment without a prescription and is recognized by the Federal
Food and Drug Administration as a homeopathic drug.

F. The provisions of this Section shall not apply to any dosage form which is labeled
as a dietary supplement and is manufactured in compliance with the requirements of sections
402(g)(2), 415, and 761 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2),
350d, and 379aa-1).

*Acts 2005, No. 159, §1; Acts 2015, No. 373, §1, eff. July 1, 2015; Acts 2018, No. 206, §4; Acts 2023, No. 201, §1.*

##### **§ 40:989.2** Unlawful production, manufacturing, distribution, or possession of prohibited plant products; exceptions {#sec-40-989.2 omnilex-key=us-la-statutes--rs-title-40--40:989.2}

A.(1) It shall be unlawful for any person knowingly or intentionally to produce,
manufacture, distribute, or possess with intent to produce, manufacture, or distribute a
material, compound, mixture, or preparation which contains a prohibited plant and which
meets any of the following criteria:

(a) It is intended to be placed in the oral or nasal cavity.

(b) It is prepared in such a manner as to be suitable for smoking in a pipe or cigarette,
or other device.

(c) It is to be burned and inhaled or exhaled in any manner or in any form.

(2) Whoever violates the provisions of this Subsection shall be sentenced to a term
of imprisonment with or without hard labor for not more than five years and may, in addition,
be sentenced to pay a fine of not more than ten thousand dollars.

B.(1) It shall be unlawful for any person knowingly or intentionally to possess
material, compound, mixture, or preparation which contains a prohibited plant and which is
intended to be placed in the oral or nasal cavity, is prepared in such a manner as to be
suitable for smoking in a pipe or cigarette, or is to be burned and inhaled or exhaled in any
manner or in any form.

(2) Any person who violates the provisions of this Subsection shall be fined not more
than five hundred dollars, imprisoned for not more than six months, or both.

C. For the purposes of this Section:

(1) "Distribute" means to sell, barter, trade, furnish, supply, or otherwise transfer in
exchange for anything of value a material, compound, mixture, or preparation which contains
a prohibited plant.

(2) "Homeopathic drug" means any drug labeled as being homeopathic which is
listed in the Homeopathic Pharmacopoeia of the United States, an addendum to it, or its
supplements. The potencies of homeopathic drugs are specified in terms of dilution.
Homeopathic drug products must contain diluents commonly used in homeopathic
pharmaceutics. Drug products containing homeopathic ingredients in combination with non-homeopathic active ingredients are not homeopathic drug products.

(3) "Manufacture" means the production, preparation, propagation, compounding,
or processing of a material, compound, mixture, or preparation which contains a prohibited
plant either directly or indirectly by extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis. Manufacturer includes any person who packages, repackages, or labels
any container holding a material, compound, mixture, or preparation which contains a
prohibited plant.

(4) "Production" includes the manufacture, planting, cultivation, growing, or
harvesting of a prohibited plant.

(5) "Prohibited plant" means any combination of any of the parts, leaves, stems,
stalks, seeds, materials, compounds, salts, derivatives, mixtures, preparations, or any resin
extracted from any part of the following plants:

(a) Artemisia vulgaris (Mugwort).

(b) Canavalia rosea (Bay bean).

(c) Leonotis leonurus (Lion's tail).

(d) Leonotis nepetifolia (Lion's ear).

(e) Leonurus sibiricus (Honeyweed).

(f) Mitragyna speciosa.

(g) Nelumbo nucifera (Sacred Lotus).

(h) Nymphaea caerulea (Blue Lotus, Egyptian Lotus).

(i) Pedicularis densiflora (Indian warrior).

(j) Salvia divinorum.

(k) Scutellaria nana (Dwarf skullcap).

(l) Turnera diffusa (Damiana).

(m) Zornia latifolia.

D. The provisions of this Section shall not apply to any dosage form which is legally
obtainable from a retail establishment without a prescription and is recognized by the United
States Food and Drug Administration as a homeopathic drug.

E. The provisions of this Section shall not apply to the possession, planting,
cultivation, growing, or harvesting of a prohibited plant strictly for aesthetic, landscaping,
or decorative purposes.

F. The provisions of this Section shall not apply to any dosage form which is labeled
as a dietary supplement and is manufactured in compliance with the requirements of sections
402(g)(2), 415, and 761 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2),
350d, and 379aa-1).

*Acts 2010, No. 565, §1; Acts 2015, No. 373, §1, eff. July 1, 2015; Acts 2018, No. 206, §4; Acts 2025, No. 41, §1.*

##### **§ 40:989.3** Repealed by Acts 2025, No. 41, §2. {#sec-40-989.3 omnilex-key=us-la-statutes--rs-title-40--40:989.3}

*Repealed by Acts 2025, No. 41, §2.*

##### **§ 40:989.4** Unlawful production, manufacturing, distribution, or possession of Xylazine {#sec-40-989.4 omnilex-key=us-la-statutes--rs-title-40--40:989.4}

A.(1) It shall be unlawful for any person to knowingly or intentionally produce,
manufacture, distribute, or possess with intent to produce, manufacture, or distribute
Xylazine.

(2) Whoever violates the provisions of this Subsection shall be imprisoned, with or
without hard labor, for not less than one year nor more than ten years and, in addition, may
be required to pay a fine of not more than fifteen thousand dollars.

B.(1) It shall be unlawful for any person to knowingly or intentionally possess
Xylazine.

(2) Whoever violates the provisions of this Subsection shall be imprisoned for not
more than six months and, in addition, may be required to pay a fine of not more than five
hundred dollars.

C. The provisions of this Section shall not apply to the following:

(1) The production, manufacturing, distribution, or possession of Xylazine in the
course of a legitimate veterinary practice.

(2) The production, manufacturing, distribution, or possession of a Xylazine bulk
chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian.

(3) The possession of Xylazine pursuant to a valid prescription from a licensed
veterinarian.

D. As used in this Section, "Xylazine" means Xylazine and any salt, sulfate, isomer,
homologue, analogue, or other preparation of Xylazine, and any salt, isomer, compound,
derivative, precursor, homologue, analogue, or other preparation thereof that is substantially
chemically equivalent or identical to Xylazine.

*Acts 2023, No. 183, §1.*

##### **§ 40:989.5** Unlawful production, manufacturing, distribution, or possession of prohibited chemicals {#sec-40-989.5 omnilex-key=us-la-statutes--rs-title-40--40:989.5}

A.(1) It shall be unlawful for any person to knowingly or intentionally produce,
manufacture, distribute, or possess with intent to produce, manufacture, or distribute a
material, compound, mixture, preparation, or product intended for human consumption
which contains beta-phenyl-GABA, muscimol, ibotenic acid, or any analogue thereof.

(2) Any person who violates the provisions of this Subsection shall be sentenced to
imprisonment, with or without hard labor, for not less than two years nor more than ten
years, or fined not more than twenty thousand dollars, or both.

B.(1) It shall be unlawful for any person to knowingly or intentionally possess a
material, compound, mixture, preparation, or product intended for human consumption
which contains beta-phenyl-GABA, muscimol, ibotenic acid, or any analogue thereof.

(2) Any person who violates the provisions of this Subsection shall be sentenced to
imprisonment, with or without hard labor, for not more than five years or fined not more than
five thousand dollars, or both.

*Acts 2025, No. 154, §1.*

##### **§ 40:990** Burden of proof; liabilities {#sec-40-990 omnilex-key=us-la-statutes--rs-title-40--40:990}

A. It shall not be necessary for the state to negate any exemption or exception set
forth in this Part in any complaint, information, indictment, or other pleading or in any trial,
hearing, or other proceeding under this Part, and the burden of proof of any such exemption
or exception shall be upon the person claiming its benefit.

B. In the absence of proof that a person is the duly authorized holder of an
appropriate registration or order form issued under this Part, he shall be presumed not to be
the holder of such registration or form, and the burden of proof shall be upon him to rebut
such presumption.

C. No liability shall be imposed by virtue of this Part upon any duly authorized law
enforcement officer, the Louisiana Board of Pharmacy or its employees as provided in R.S.
40:984 engaged in the enforcement of any law, regulation, or municipal ordinance relating
to controlled dangerous substances.

*Added by Acts 1972, No. 634, §1; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:991** Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution {#sec-40-991 omnilex-key=us-la-statutes--rs-title-40--40:991}

A. An individual who claims possession of a valid prescription for any controlled
dangerous substance as a defense to a violation of the provisions of the Uniform Controlled
Dangerous Substances Law shall have the obligation to produce sufficient proof of a valid
prescription to the appropriate prosecuting office. Production of the original prescription
bottle with the defendant's name, the pharmacist's name, and prescription number shall be
sufficient proof of a valid prescription as provided for in this Section.

B. As used in this Section, "controlled dangerous substance" shall have the same
meaning as provided in R.S. 40:961 and "prescription" shall have the same meaning as
provided in R.S. 40:961.

C. Any individual who claims the defense of a valid prescription for any controlled
dangerous substance shall raise this defense before commencement of the trial through a
motion to quash.

*Acts 2009, No. 265, §1.*

##### **§ 40:992** Education and research {#sec-40-992 omnilex-key=us-la-statutes--rs-title-40--40:992}

A. The Louisiana Board of Pharmacy is authorized to carry out educational programs
designed to prevent and deter misuse and abuse of controlled dangerous substances. In
connection with such programs it is authorized to:

(1) Promote better recognition of the problems of misuse and abuse of controlled
dangerous substances within the regulated industry and among interested groups and
organizations.

(2) Assist the regulated industry and interested groups and organizations in
contributing to the reduction of misuse and abuse of controlled dangerous substances.

(3) Consult with interested groups and organizations to aid them in solving
administrative and organizational problems.

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed
as part of educational programs on misuse and abuse of controlled dangerous substances.

(5) Disseminate to the industry and the general public the results of research on
misuse and abuse of controlled dangerous substances to promote a better public
understanding of what problems exist and what can be done to combat them.

(6) Assist in the education and training of state and local law enforcement officials
in their efforts to control misuse and abuse of controlled dangerous substances.

B. The Louisiana Board of Pharmacy is authorized to encourage research on misuse
and abuse of controlled dangerous substances. In connection with such research and in
furtherance of the enforcement of this Part, it is authorized to:

(1) Establish methods to assess accurately the effects of controlled dangerous
substances and to identify and characterize controlled dangerous substances with potential
for abuse.

(2) Make studies and undertake programs of research to:

(a) Develop new or improved approaches, techniques, systems, equipment and
devices to strengthen the enforcement of this Part.

(b) Determine patterns of misuse and abuse of controlled dangerous substances and
the social effects thereof.

(c) Improve methods for preventing, predicting, understanding and dealing with the
misuse and abuse of controlled dangerous substances.

(3) Enter into contracts with public agencies or institutions of higher education, for
the purpose of conducting research, demonstrations, or special projects which bear directly
on misuse and abuse of controlled dangerous substances.

C. The Louisiana Board of Pharmacy may authorize persons engaged in research on
the use and effects of dangerous substances to withhold the names and other identifying
characteristics of persons who are the subjects of such research. Persons who obtain this
authorization shall not be compelled in any civil, criminal, administrative, legislative, or
other proceeding to identify the subjects of research for which authorization was obtained.

D. The Louisiana Board of Pharmacy may authorize the possession and distribution
of controlled dangerous substances by persons engaged in research in accordance with rules
promulgated by the department. Persons who obtained this authorization shall be exempt
from state prosecution for possession and distribution of dangerous substances to the extent
authorized by the Louisiana Board of Pharmacy.

E. The Louisiana Board of Pharmacy, with the concurrence and under the
supervision and control of the chief law enforcement officer of the jurisdiction wherein the
program is conducted, may authorize the possession and exhibition for educational purposes
only of controlled dangerous substances by persons employed by local and state law
enforcement agencies engaged in educational programs in accordance with rules promulgated
by the Louisiana Board of Pharmacy. Persons acting pursuant to this authorization shall be
exempt from state and local prosecution for the possession and distribution of dangerous
substances to the extent authorized by the Louisiana Board of Pharmacy. The Louisiana
Board of Pharmacy shall coordinate and evaluate the training programs of the various law
enforcement agencies to ensure compliance with the rules promulgated regulating the
possession and exhibition of controlled dangerous substances for educational purposes.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 218, §1; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.*

##### **§ 40:993** Pending proceedings {#sec-40-993 omnilex-key=us-la-statutes--rs-title-40--40:993}

A. Prosecutions for any violation of law occurring prior to July 26, 1972, shall not
be affected by this Part or abated by reason thereof.

B. Civil seizures, forfeitures, and injunctive proceedings commenced prior to July
26, 1972, shall not be affected by this Part or abated by reason thereof.

C. All administrative proceedings pending before the department on July 26, 1972
shall be continued and brought to final determination in accordance with laws and
regulations in effect prior to July 26, 1972. Such drugs placed under control prior to
enactment of this Part, which are not listed within Schedules I through V, shall automatically
be controlled and listed in the appropriate schedule.

D. The provisions of this Part shall be applicable to violations of law, seizures and
forfeiture, injunctive proceedings, administrative proceedings, and investigations which
occur following July 26, 1972.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.*

##### **§ 40:994** Continuation of regulations {#sec-40-994 omnilex-key=us-la-statutes--rs-title-40--40:994}

Any orders, rules, and regulations which have been promulgated under any law affected by this Part, and which are in effect on the day preceding enactment of this Section, shall continue in effect until modified, superseded, or repealed.

*Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 649, §1; Acts 2006, No. 834, §1.*

##### **§ 40:995** Short title {#sec-40-995 omnilex-key=us-la-statutes--rs-title-40--40:995}

This Part may be cited as the Uniform Controlled Dangerous Substances Law. Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.

##### **§ 40:996.1** Legislative findings {#sec-40-996.1 omnilex-key=us-la-statutes--rs-title-40--40:996.1}

A. For more than sixty years, the Louisiana Legislature enacted laws to protect the
public from the detrimental effects of misusing substances which are susceptible to abuse or
which lead to addiction.

B. Act No. 634 of the 1972 Regular Session incorporated protections regarding
controlled dangerous substances into the Louisiana Uniform Controlled Dangerous
Substances Law.

C. In 2009 and 2010, Louisiana began experiencing increased incidents of
individuals consuming synthetic cannabinoids as alternatives to marijuana, as well as
increased incidents of individuals consuming substances which mimic the effects of
amphetamines and cocaine and which are marketed as bath salts, fertilizer, and insect
repellent.

D. These substances, which have been sold throughout Louisiana in retail
establishments, have produced symptoms such as high blood pressure, severe hallucinations,
anxiety, vomiting, seizures, delusions, and suicidal thoughts.

E. The chemical compositions of these substances make them relatively easy to alter
by chemists resulting in the rapid production of new substances which circumvent statutes
outlawing the production, manufacture, possession, and distribution of controlled dangerous
substances having similar abuse potential and pharmacological effects.

F. These substances have not been approved by the United States Food and Drug
Administration as being safe for human consumption, are not subject to any quality control
measures in their preparation, and do not have established dosages, making them extremely
dangerous and potentially lethal.

G. These substances have a high potential for abuse and no acceptable medical use
in treatment in the United States. There is a lack of accepted safety for use of the substances
under medical supervision making these substances highly addictive and potentially lethal.

H. Article II, Section 1 of the Louisiana Constitution provides that the powers of
government are divided into a legislative, executive, and judicial branch. Article II, Section
2 of the Louisiana Constitution provides that not one of these branches shall exercise power
belonging to either of the other branches.

I. The Louisiana Legislature recognizes that the Louisiana Supreme Court, in *State v. All Pro Paint & Body Shop, Inc.,* 639 So. 2d 707 (La. 1994), outlined a three-prong test
to evaluate the constitutionality of a statutory delegation of legislative authority. The test
provided that a statute delegating authority to an administrative agency is constitutionally
valid if the enabling statute contains a clear expression of legislative policy, prescribes
sufficient standards to guide the agency in the execution of that policy, and has adequate
procedural safeguards to protect against abuse of discretion by that agency.

J. The Louisiana Legislature has a compelling interest in protecting the health, safety,
and welfare of its citizens against the detrimental and deadly effects of these substances.

K. The options for the legislature to address the imminent hazard to the health,
safety, and welfare for the people of the state of Louisiana are limited by the provisions of
Article III, Section 2 of the Louisiana Constitution, which mandates an annual legislative
session and provides mechanisms for the convening of an extraordinary or emergency
session.

L. The Louisiana Legislature seeks to provide for a limited delegation of legislative
authority within the parameters which have been defined by the Louisiana Supreme Court
for the express purpose of protecting the health, safety, and welfare of the citizens of the state
from imminent harm.

M. Louisiana law authorizes the secretary of the Louisiana Department of Health to
add a substance to the schedules of controlled dangerous substances based upon certain
criteria. The provisions of R.S. 40:996.1 through 996.6 are intended to provide additional
options for the secretary to address imminent hazards to the public health, safety, and welfare
caused by dangerous substances.

*Acts 2012, No. 347, §1; Acts 2018, No. 206, §4.*

##### **§ 40:996.2** Definitions {#sec-40-996.2 omnilex-key=us-la-statutes--rs-title-40--40:996.2}

For the purposes of R.S. 40:996.1 through 996.7, the following terms shall have the
following meanings:

(1) "Dangerous substance" means a substance which is not otherwise listed as a
controlled dangerous substance and has been determined to be an imminent hazard to the
public health, safety, and welfare by the secretary using the criteria and standards prescribed
in R.S. 40:996.3.

(2) "Dangerous substance stop order" is a rule adopted by the Louisiana Department
of Health pursuant to the provisions of R.S. 40:996.3 and 996.4, declaring that a substance
is a dangerous substance which shall not be sold, distributed, manufactured, or dispensed.

*Acts 2012, No. 347, §1.*

##### **§ 40:996.3** Declaration of a dangerous substance of the Louisiana Department of Health {#sec-40-996.3 omnilex-key=us-la-statutes--rs-title-40--40:996.3}

A. The secretary may by rule declare that a substance is a dangerous substance. In
making a finding that a substance is a dangerous substance, the secretary shall consider the
following factors with respect to each substance:

(1) Its actual or relative potential for abuse.

(2) Scientific evidence of its pharmacological effect, if known.

(3) State of current scientific knowledge regarding the substance.

(4) Its history and current pattern of abuse.

(5) Its scope, duration, and level of abuse.

(6) The level of risk to public health.

(7) The likelihood of psychic or physiological dependence.

(8) Whether the substance is an immediate precursor of a substance already
controlled by the Uniform Controlled Substances Law.

(9) Whether the substance is an analogue of a substance already controlled by the
Uniform Controlled Dangerous Substances Law.

(10) Whether there have been any reported fatalities associated with the substance.

(11) Whether there have been any cases involving the substance reported to the state
poison center.

(12) Any other factors or considerations deemed relevant by the secretary.

B. Prior to the adoption of a rule declaring that a substance is a dangerous substance,
the secretary shall make all of the following findings and determinations:

(1) The substance has a high potential for abuse.

(2) The substance has no current medical use in treatment in the United States.

(3) There is a lack of accepted safety for use of the substance under medical
supervision.

(4) There is an imminent hazard to the health, safety, and welfare of the citizens of
Louisiana requiring the substance to be declared a dangerous substance and the issuance of
a dangerous substance stop order as authorized by the provisions of this Section.

C. If the secretary has considered the factors provided for in Subsection A of this
Section and has made the determinations required by the provisions of Subsection B of this
Section, a rule pursuant to the provisions of R.S. 40:996.5 may be adopted declaring the
substance a dangerous substance.

D. If the secretary determines that a substance shall be classified as a dangerous
substance the rule shall also include a dangerous substance stop order prohibiting the sale,
distribution, manufacture, or dispensing of the dangerous substance.

*Acts 2012, No. 347, §1; Acts 2018, No. 206, §4.*

##### **§ 40:996.4** Dangerous substance stop order; effects; seizure of dangerous substances; duration of order; validity {#sec-40-996.4 omnilex-key=us-la-statutes--rs-title-40--40:996.4}

A. A dangerous substance stop order issued by the secretary pursuant to the
provisions of R.S. 40:996.3, shall remain in effect upon adoption of the rule and shall extend
through the sixtieth day after final adjournment of the succeeding legislative session. Upon
the sixtieth day after final adjournment of the succeeding regular legislative session, the
dangerous substance stop order shall be null, void, and of no effect.

B. Upon the adoption of the rule declaring a substance a dangerous substance and
the issuance of the dangerous substance stop order, any law enforcement officer may seize
any products containing the dangerous substance that are in plain view.

C. Whenever a law enforcement officer, or an agent of the Louisiana Department of
Health, has probable cause to believe that any dangerous substance is located within the
territorial jurisdiction of such officer, the officer may make application pursuant to Code of
Criminal Procedure Article 162 to a court of competent jurisdiction for a search warrant.
The warrant shall be executed pursuant to the provisions of Code of Criminal Procedure
Articles 163, 164, and 165. In lieu of a return on the warrant, the executing officer shall
attach to the search warrant a copy of the receipt required to be provided to the person from
whom any such property is seized pursuant to this Section.

D. Any product containing any quantity of the dangerous substance shall be deemed
contraband drugs, which are subject to forfeiture pursuant to the provisions of Article I,
Section (4)(D) of the Louisiana Constitution.

E. The law enforcement officer seizing any dangerous substance pursuant to
Subsections B or C of this Section shall appraise the value of the property seized according
to his best judgment at its usual and ordinary retail price and shall deliver to the person found
in possession thereof, if any, a receipt showing the fact of seizure, the date of the seizure, the
name of the person from whom the property is seized, the location of the seizure, the
description of the property seized, and the appraised value of such property.

F. Property seized under this Section shall not be subject to sequestration or
attachment but is deemed to be in the custody of the law enforcement agency making the
seizure, subject only to the order of the court. The seized property shall be immediately
returned to the owner upon expiration of the dangerous substance stop order unless the
legislature has enacted a provision to designate the dangerous substance as a controlled
dangerous substance. In the event the legislature provides for the dangerous substance to be
designated as a controlled dangerous substance, the property seized shall be considered
contraband and destroyed immediately by the seizing law enforcement agency unless the
seizing law enforcement agency determines that the property will be needed as evidence in
a civil or criminal proceeding. If the property is needed as evidence, the law enforcement
agency shall place the seized property in a secure facility designated for the holding of
evidence, pending further orders of the court.

G. The validity of a rule declaring a substance to be a dangerous substance and
issuing a dangerous substance stop order may be determined in an action for declaratory
judgment in the Nineteenth Judicial District Court. The Louisiana Department of Health
shall be made a party to the action. An action for a declaratory judgment under this
Subsection may be brought only by a person to whom such rule is applicable or who would
be adversely affected by such rule and only on the grounds that the rule does not meet the
criteria for adoption of a dangerous substance stop order as provided for in R.S. 40:996.3.
The court shall declare the rule invalid if it finds that there is not sufficient evidence for the
adoption of the dangerous substance stop order. Notwithstanding any other provision of law
to the contrary, the dangerous substance stop order shall remain in effect until such
declaratory judgment is rendered or until it expires as provided for in this Section. The
provisions of R.S. 49:968 shall not apply to any action brought pursuant to this Subsection.
The provisions of this Subsection are in addition to R.S. 49:968 and shall not limit any action
pursuant to R.S. 49:968.

*Acts 2012, No. 347, §1.*

##### **§ 40:996.5** Rulemaking; special provisions; procedural safeguards {#sec-40-996.5 omnilex-key=us-la-statutes--rs-title-40--40:996.5}

A. Notwithstanding any other provision of law to the contrary, if the secretary
believes that there is an imminent hazard to the public health, safety, and welfare and the
adoption of a rule declaring a substance a dangerous substance and the issuance of a
dangerous substance stop order is necessary, a rule may be adopted pursuant to the provisions
of this Section.

B. The secretary shall publish a notice of intention to adopt a rule declaring a
substance to be a dangerous substance and to issue a dangerous substance stop order
regarding the sale, distribution, manufacture, or dispensing of the dangerous substance, in
the official state journal at least twice within a fifteen-day period prior to the adoption of the
rule.

C. The notice shall provide for all of the following:

(1) An explanation of the basis and rationale for the intended action, a summary of
the information, and data supporting the intended action.

(2) The time, the location, and the manner in which interested persons may present
their views thereon.

(3) A statement that the intended action complies with the provisions of R.S.
40:996.1 through 996.7.

(4) The text of the proposed rule.

D. The secretary shall afford all interested persons reasonable opportunity to submit
data, views, comments, or arguments, orally or in writing. The opportunity for oral
presentation or argument shall be granted if requested within five days after the initial
publication of the notice as provided for in this Section.

E. The rule shall provide for all of the following:

(1) A recitation of the determinations and findings required by the provisions of R.S.
40:996.3(B) and the reasons for those determinations and findings.

(2) A specific list of the substances declared to be dangerous substances.

(3) A dangerous substance stop order prohibiting the sale, distribution, manufacture,
or dispensing of the dangerous substance.

F.(1) The secretary shall transmit and deliver within seven days after the initial
publication of the notice in the official journal of the state as provided for in Subsection B
of this Section, a copy of any proposed rules to the speaker of the House of Representatives,
the president of the Senate, the chairman of the House Committee on Health and Welfare,
and the chairman of the Senate Committee on Health and Welfare for review. The chairmen
of such committees shall review the proposed rules to determine whether to conduct
legislative oversight hearings.

(2) Legislative oversight shall be in accordance with the provisions of R.S. 49:966,
except as provided in this Section.

(3) Any legislative oversight committee hearing approving or finding unacceptable
any proposed rules shall be held within fourteen days of receipt of the proposed rules by the
presiding officers of each house of the legislature and any action by the governor to
disapprove the action of the committee shall be taken within four days of receipt of the report
of the committee by the governor.

G. The rule shall become effective thirty days following the initial publication in the
official state journal unless an oversight hearing is conducted and the rule is found
unacceptable by the oversight committee and the governor does not disapprove of the action
taken by the oversight committee. The rule shall remain in effect through the sixtieth day
after final adjournment of the succeeding regular legislative session.

H. Except as specifically provided for in this Section, the rule shall be adopted
pursuant to the provisions of the Administrative Procedure Act.

*Acts 2012, No. 347, §1.*

##### **§ 40:996.6** Violations {#sec-40-996.6 omnilex-key=us-la-statutes--rs-title-40--40:996.6}

A. It is unlawful for any person to sell, distribute, manufacture, or dispense a dangerous substance following the adoption of a dangerous substance stop order.

B. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, or may be imprisoned for not more than two years in the parish jail, or both.

C. Each day of continued violation shall constitute a separate offense.

*Acts 2012, No. 347, §1.*

##### **§ 40:996.7** Pesticide law not affected {#sec-40-996.7 omnilex-key=us-la-statutes--rs-title-40--40:996.7}

The provisions of R.S. 40:996.1 et seq. shall not be construed to apply to any substance regulated by the provisions of the Louisiana Pesticide Law.

*Acts 2012, No. 347, §1.*

#### **PART X-A** PRESCRIPTION MONITORING PROGRAM

##### **§ 40:1001** Short title {#sec-40-1001 omnilex-key=us-la-statutes--rs-title-40--40:1001}

This Part shall be known and may be cited as the "Prescription Monitoring Program Act".

*Acts 2006, No. 676, §1, eff. July 1, 2006.*

##### **§ 40:1003** Definitions {#sec-40-1003 omnilex-key=us-la-statutes--rs-title-40--40:1003}

As used in this Part, the following terms shall have the meaning ascribed to them
unless the context clearly indicates otherwise:

(1) "Administer" or "administration" means the direct application of a drug to the
body of a patient by injection, inhalation, ingestion, or any other means.

(2) "Advisory council" means the entity established in R.S. 40:1005.

(3)(a) "Audit trail information" means information submitted or produced regarding
requests for prescription monitoring program data that the board or other individual as
specified by this Part uses to help monitor compliance with this Part and other applicable
statutes, rules, or regulations.

(b) "Audit trail information" shall not include any information produced or requested
by the Louisiana legislative auditor.

(4) "Board" means the Louisiana Board of Pharmacy.

(5) "Controlled substance" means any substance or drug defined, enumerated, or
included in federal or state statute or rules, 21 CFR 1308.11-15 or R.S. 40:964, or any
substance which may hereafter be designated as a controlled substance by amendment or
supplementation of such regulations or statute. "Controlled substance" shall not include
distilled spirits, wine, malt beverages, or tobacco.

(6) "Dispense" or "dispensing" means the interpretation, evaluation, and
implementation of a prescription drug order, including the preparation and delivery of a drug
or device to a patient or patient's agent in a suitable container appropriately labeled for
subsequent administration to, or use by, a patient.

(7) "Dispenser" means a person authorized by this state to dispense or distribute to
the ultimate user any controlled substance or drug monitored by the program, but shall not
include any of the following:

(a) A pharmacy permitted by the board as a hospital pharmacy that dispenses or
distributes any controlled substance or drug monitored by the program for the purposes of
inpatient hospital care.

(b) A practitioner who dispenses or distributes no more than a single forty-eight-hour
supply of such controlled substance or drug to a patient prior to or subsequent to performing
an actual procedure on that patient.

(c) A practitioner or other authorized person who administers such controlled
substance or drug upon the lawful order of a practitioner.

(d) A wholesale distributor of such controlled substance or drug that is credentialed
by the Louisiana Board of Drug and Device Distributors.

(e) Repealed by Acts 2013, No. 27, §2, eff. May 23, 2013.

(8) "Distribute" or "distribution" means the delivery of a drug or device other than
by administering or dispensing.

(9) "Drug" means any of the following:

(a) Any substance recognized as a drug in the official compendium, or supplement
thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals.

(b) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or other animals.

(c) Any substance other than food intended to affect the structure or any function of
the body of humans or other animals.

(10) "Drugs of concern" means drugs other than controlled substances as defined by
rule which demonstrate a potential for abuse or whose use requires tracking for public health
purposes.

(11) "Patient" means the person or animal who is the ultimate user of a controlled
substance or drug monitored by the program for whom a prescription is issued and for whom
a controlled substance or drug is dispensed.

(12) "Prescriber" means a licensed healthcare professional with prescriptive
authority.

(13) "Prescription monitoring information" means data submitted to and maintained
by the prescription monitoring program.

(14) "Prescription monitoring program" or "PMP" means the program established
in R.S. 40:1004.

(15) "Procedure" means any dental or medical practice or process described in the
current year's version of the American Dental Association's current Dental Terminology or
the American Medical Association's Code of Procedural Terminology.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 144, §1; Acts 2013, No. 27, §2, eff. May 23, 2013; Acts 2017, No. 241, §1, eff. June 14, 2017; Acts 2018, No. 146, §1; Acts 2018, No. 206, §4.*

##### **§ 40:1004** Establishment of prescription monitoring program {#sec-40-1004 omnilex-key=us-la-statutes--rs-title-40--40:1004}

A. The board shall establish and maintain, in consultation with and upon the recommendation of the advisory council, an electronic system for the monitoring of controlled substances and drugs of concern dispensed in the state or dispensed to an address in the state.

B. In conformity with the Louisiana Public Bid Law, R.S. 38:2211 et seq., the board may contract with a vendor to establish and maintain the electronic monitoring system pursuant to rules promulgated by the board.

C. This Part shall not apply to any person licensed pursuant to R.S. 37:1511 et seq.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2013, No. 27, §1, eff. May 23, 2013.*

##### **§ 40:1005** Prescription Monitoring Program Advisory Council {#sec-40-1005 omnilex-key=us-la-statutes--rs-title-40--40:1005}

A. The advisory council shall consist of the following members, each of whom may
appoint a designee:

(1) The president of the Louisiana State Board of Medical Examiners.

(2) The president of the Louisiana State Board of Dentistry.

(3) The president of the Louisiana State Board of Nursing.

(4) The president of the Louisiana State Board of Optometry Examiners.

(5) Repealed by Acts 2013, No. 27, §2, eff. May 23, 2013.

(6) The president of the Louisiana Academy of Physicians Assistants.

(7) The president of the Louisiana Board of Pharmacy.

(8) The superintendent of the Louisiana State Police.

(9) The administrator of the United States Drug Enforcement Administration.

(10) The speaker of the Louisiana House of Representatives.

(11) The president of the Louisiana Senate.

(12) The chairman of the House Committee on Health and Welfare.

(13) The chairman of the Senate Committee on Health and Welfare.

(14) The secretary of the Louisiana Department of Health.

(15) The president of the Louisiana State Medical Society.

(16) The president of the Louisiana Dental Association.

(17) The president of the Louisiana Association of Nurse Practitioners.

(18) The president of the Optometry Association of Louisiana.

(19) The president of the Louisiana Pharmacists Association.

(20) The president of the Louisiana Independent Pharmacies Association.

(21) The president of the National Association of Chain Drug Stores.

(22) The president of the Louisiana Sheriffs' Association.

(23) The president of the Louisiana District Attorneys Association.

(24) The president of the Pharmaceutical Research and Manufacturers of America.

(25) The president of the Louisiana Academy of Medical Psychologists.

(26) Repealed by Acts 2013, No. 27, §2, eff. May 23, 2013.

B. The members of the advisory council shall serve at the pleasure of their respective
appointing authorities, eleven of whom shall constitute a quorum for the transaction of all
business. The members shall elect a chairman and vice chairman whose duties shall be
established by the advisory council. The board shall fix a time and place for regular meetings
of the advisory council, which shall meet at least once annually. The advisory council shall
establish policies and procedures necessary to carry out its duties.

C. The board shall seek, and the advisory council shall provide, information and
advice regarding the development and operation of the electronic monitoring system,
including but not limited to the following:

(1) Which controlled substances should be monitored.

(2) Which drugs of concern demonstrate a potential for abuse and should be
monitored.

(3) Design and implementation of educational courses identified in R.S. 40:1008.

(4) The methodology to be used for analysis and interpretation of prescription
monitoring information.

(5) Design and implementation of a program evaluation component.

(6) Identification of potential additional members to the advisory council.

D. The advisory council may conduct and its members may attend and participate
in a meeting via electronic means in accordance with the provisions of R.S. 42:17.4.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 142, §1; Acts 2010, No. 144, §1; Acts 2013, No. 27, §2, eff. May 23, 2013; Acts 2018, No. 206, §4; Acts 2023, No. 14, §1.*

##### **§ 40:1006** Reporting of prescription monitoring information {#sec-40-1006 omnilex-key=us-la-statutes--rs-title-40--40:1006}

A. Each dispenser shall submit to the board information regarding each prescription
dispensed for a controlled substance or drug monitored by the program. The information
submitted for each prescription shall include, at a minimum, data relative to the identification
of the following elements of the transaction:

(1) Prescriber information.

(2) Patient information.

(3) Prescription information.

(4) Controlled substance or drug information.

(5) Dispenser information.

B. Each dispenser shall submit the required information in accordance with
transmission methods and frequency established by the board. Each eligible prescription
transaction shall be reported no later than the next business day after the date of dispensing.

C. The board may issue a waiver to a dispenser who is unable to submit prescription
information by electronic means. The waiver shall state the format and frequency with which
the dispenser shall submit the required information. The board may issue an exemption from
the reporting requirement to a dispenser whose practice activities are inconsistent with the
intent of the program. The board may rescind any previously issued exemption without the
need for an informal or formal hearing.

D. Any person or entity required to report information concerning prescriptions to
the board or to its designated agent pursuant to the requirements of this Part shall not be
liable to any person or entity for any claim of damages as a result of the act of reporting the
information and no lawsuit may be predicated thereon. Any person or entity who submits
report information in good faith containing prescription information that is not the subject
of the PMP shall not be liable to any person or entity for any claim of damages and no
lawsuit may be predicated thereon.

E. The prescription monitoring program's agents, a dispenser, or a prescriber may
report suspected violations of this Section or violations of any law to any local, state,
out-of-state, or federal law enforcement agency, or the appropriate prosecutorial agency for
further investigation or prosecution.

F. No agent, dispenser, or prescriber who in good faith reports suspected violations
as provided for in Subsection E of this Section shall be liable to any person or entity for any
claim of damages as a result of the act of reporting the information, and no lawsuit may be
predicated thereon.

G. The board shall establish by rulemaking standards for the retention, archiving, and
destruction of prescription monitoring information and audit trail information. Nothing in
this Section shall be construed to modify or abrogate the provisions of R.S. 44:411.

H. All agencies, as defined in R.S. 44:402, shall keep all records for the time
specified in records retention schedules approved by the state archivist and director of the
division archives, records management, and history of the Department of State and shall
obtain the state archivist's approval before destroying any records in the agency's custody,
pursuant to the provisions of R.S. 44:411.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2009, No. 129, §1; Acts 2009, No. 314, §1; Acts 2010, No. 488, §1, eff. June 22, 2010; Acts 2014, No. 472, §1; Acts 2016, No. 189, §1; Acts 2018, No. 206, §4; Acts 2025, No. 159, §1.*

##### **§ 40:1007** Access to prescription monitoring information and audit trail information {#sec-40-1007 omnilex-key=us-la-statutes--rs-title-40--40:1007}

A. Except as provided in Subsections C, D, E, F, G, H, and I of this Section,
prescription monitoring information submitted to the board and audit trail information shall
be protected health information, not subject to public or open records law, including but not
limited to R.S. 44:1 et seq., and not subject to disclosure. Prescription monitoring
information and audit trail information shall not be available for civil subpoena from the
board nor shall such information be disclosed, discoverable, or compelled to be produced in
any civil proceeding nor shall such records be deemed admissible as evidence in any civil
proceeding for any reason. Notwithstanding this provision, law enforcement and
professional licensing, certification, or regulatory agencies may utilize prescription
monitoring information and audit trail information in the course of any investigation and
subsequent criminal and administrative proceedings, but only in accordance with federal and
state law and the requirements of this Part.

B. The board shall maintain procedures to ensure that the privacy and confidentiality
of patients and patient information collected, recorded, transmitted, and maintained, as well
as audit trail information, is not disclosed to persons or entities except as authorized or
required in Subsections C through J of this Section.

C. The board shall review the prescription monitoring information. If there is
reasonable suspicion to believe a breach of professional or occupational standards may have
occurred, the board shall notify the appropriate professional licensing agency with
jurisdiction over prescribers or dispensers and shall provide prescription monitoring
information required for an investigation.

D. The board shall provide prescription monitoring information to public or private
entities, whether located in or outside of the state, for public research, policy, or educational
purposes, but only after removing information that identifies or could be reasonably used to
identify prescribers, dispensers, and individual patients or persons who received prescriptions
from prescribers.

E. The following persons may access prescription monitoring information at no cost
and in the same or similar manner, and for the same or similar purposes, as those persons are
authorized to access similar protected health information under federal and state law and
regulation:

(1) Persons authorized to prescribe or dispense controlled substances or drugs of
concern, or their delegates as defined by rule, for the purpose of providing medical or
pharmaceutical care for their patients, or for verifying their prescribing records.

(2) Designated representatives from the professional licensing, certification, or
regulatory agencies of this state or another state charged with administrative oversight of
those professionals engaged in the prescribing or dispensing of controlled substances or other
drugs of concern.

(3) Designated representatives from the Louisiana Medicaid program regarding
Medicaid program recipients.

(4) Designated representatives of the board and any vendor or contractor establishing
or maintaining the prescription monitoring program.

(5) A medical examiner or coroner, or a delegate thereof, for the purpose of
investigating an individual's death.

(6) A licensed substance abuse addiction counselor providing services as part of a
state-licensed substance abuse or addiction treatment program.

(7) A probation or parole officer for the purpose of monitoring an offender's
compliance with participation in a drug diversion program or with other conditions of
probation or parole related to monitored drugs.

(8) An epidemiologist with the Louisiana Department of Health for the purpose of
assisting the board in analyzing prescription monitoring information in order to conduct
public health evaluations to support public policy and education pursuant to an agreement
with the board.

F. The board may provide a report containing prescription monitoring information
upon application of local, state, out-of-state, and federal law enforcement or prosecutorial
officials, including judicially supervised specialty courts within the criminal justice system
that are authorized by the Louisiana Supreme Court, engaged in the administration,
investigation, or enforcement of the laws governing controlled substances or other drugs of
concern in compliance with and as limited by the relevant requirements of any of the
following:

(1) A court order or court-ordered warrant, or a subpoena or summons issued by a
judicial officer.

(2) A grand jury subpoena.

(3) An administrative request, including an administrative subpoena or summons,
a civil or an authorized investigative demand, or similar process authorized under law,
provided by law enforcement to the board, and further, provided all of the following:

(a) The information sought is relevant and material to a legitimate law enforcement
inquiry.

(b) The request is specific and limited in scope to the extent reasonably practicable
in light of the purpose for which the information is sought.

(c) De-identified information, or limited information that does not identify or could
not reasonably lead to the identification of an individual patient, could not reasonably be
used.

G. The board may provide prescription monitoring information in response to queries
from prescription monitoring programs, electronic health information systems, and pharmacy
information systems located in other states, territories, federal districts, and federal
jurisdictions, through its participation in a secure interstate data exchange system. The
prescription monitoring information made available pursuant to this Subsection may be used
only in a manner consistent with this Section.

H. The board may provide prescription monitoring information to authorized users
of the prescription monitoring program via a state health information exchange or other third
party conduit that has been approved by the board.

I. The board may provide prescription monitoring information to any of the
following persons in accordance with procedures established by board regulation:

(1) An individual who requests his personal prescription monitoring information.

(2) A parent, legal guardian, or legal healthcare agent, for the purpose of reviewing
the history of monitored drugs dispensed to a child or an individual for whom the agent
makes healthcare decisions, to the extent consistent with federal and state confidentiality
laws and regulations.

(3) An executor of a will, or a court-appointed succession representative of an estate,
for the purpose of reviewing the history of monitored drugs dispensed to a deceased
individual.

J. The board may disclose audit trail information to individuals identified in
Paragraph (E)(2) and Subsections F and I of this Section for use in an active investigation
of an individual who submitted requests for prescription monitoring information.

K.(1) The board and advisory council shall not be subject to civil liability,
administrative action, or other legal or equitable relief for any of the following:

(a) Failure to possess prescription monitoring information that was not reported to
the board.

(b) Release of prescription monitoring information or audit trail information that was
factually incorrect.

(c) Release of prescription monitoring information or audit trail information to the
wrong person or entity.

(d) Unlawful access to prescription monitoring information by an individual, or
unlawful disclosure or use of prescription monitoring information by an individual who
requested and received prescription monitoring information pursuant to this Section.

(2) A dispenser or reporting agent shall not be subject to civil liability, administrative
action, or other legal or equitable relief for reporting prescription monitoring information to
the board.

(3) A prescriber, dispenser, or other individual, agency, or entity in proper possession
of prescription monitoring information or audit trail information pursuant to this Part shall
not be subject to civil liability, administrative action, or other legal or equitable relief for
accessing, using, or disclosing prescription monitoring information or audit trail information
pursuant to the provisions of this Section.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 488, §1, eff. June 22, 2010; Acts 2012, No. 352, §1; Acts 2013, No. 110, §1; Acts 2015, No. 22, §1; Acts 2017, No. 241, §1, eff. June 14, 2017; Acts 2018, No. 206, §4; Acts 2018, No. 232, §1; Acts 2019, No. 80, §1.*

##### **§ 40:1008** Education and treatment {#sec-40-1008 omnilex-key=us-la-statutes--rs-title-40--40:1008}

A. The board shall, in consultation with and upon the recommendation of the
advisory council, implement the following education courses:

(1) A course for persons who are authorized to access the prescription monitoring
information, but who have violated the laws or breached occupational standards involving
the prescribing, dispensing, or use of any controlled substances or drugs monitored by the
prescription monitoring program.

(2) A continuing education course for healthcare providers or professionals on
prescribing practices, pharmacology, and the identification, treatment, and referral of a
patient addicted to or abusing controlled substances or drugs monitored by the prescription
monitoring program.

B. The board shall, in consultation with and upon recommendation of the advisory
council, implement an educational program to inform the public about the use, diversion and
abuse of, addiction to, and treatment for the addiction to controlled substances or drugs
monitored by the prescription monitoring program.

C. The board shall, upon reasonable suspicion, refer potential or alleged impaired
prescribers and dispensers to the appropriate professional licensing or certification agency
to ensure intervention, treatment, and ongoing monitoring and follow-up.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2017, No. 241, §1, eff. June 14, 2017.*

##### **§ 40:1009** Unlawful acts and penalties {#sec-40-1009 omnilex-key=us-la-statutes--rs-title-40--40:1009}

A. A dispenser who fails to submit prescription monitoring information to the board
as required by this Part, or who fails to correct or amend data after notification by the board,
shall be referred to the appropriate professional licensing, certification, or regulatory agency
for administrative sanctions as deemed appropriate by that agency.

B. A person or entity authorized to possess prescription monitoring information
pursuant to this Part who knowingly accesses or discloses such information in violation of
this Part shall be referred to the appropriate professional licensing, certification, or regulatory
agency for administrative sanctions as deemed appropriate by that agency and may, upon
criminal conviction, be imprisoned, with or without hard labor, for not more than five years,
and in addition, may be fined not more than five thousand dollars.

C. A person or entity authorized to possess prescription monitoring information
pursuant to this Part who uses such information in a manner or for a purpose in violation of
this Part shall be referred to the appropriate professional licensing, certification, or regulatory
agency for administrative sanctions as deemed appropriate by that agency and may, upon
criminal conviction, be imprisoned, with or without hard labor, for not more than five years,
and in addition, may be fined not more than five thousand dollars.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2017, No. 241, §1, eff. June 14, 2017.*

##### **§ 40:1010** Evaluation; data analysis; reporting {#sec-40-1010 omnilex-key=us-la-statutes--rs-title-40--40:1010}

A. The board shall, in consultation with and upon recommendation of the advisory council, design and implement an evaluation component to identify cost benefits of the prescription monitoring program and other information relevant to policy, research, and education involving controlled substances and drugs monitored by the prescription monitoring program.

B. The board shall report to the appropriate legislative oversight committees on a periodic basis, but in no case less than annually, the cost benefits and other information contained in Subsection A of this Section.

*Acts 2006, No. 676, §1, eff. July 1, 2006.*

##### **§ 40:1011** Rules and regulations {#sec-40-1011 omnilex-key=us-la-statutes--rs-title-40--40:1011}

In accordance with the Administrative Procedure Act, R.S. 49:950 et seq., the board shall promulgate rules and regulations necessary to implement the provisions of this Part.

*Acts 2006, No. 676, §1, eff. July 1, 2006.*

##### **§ 40:1012** Authority to contract {#sec-40-1012 omnilex-key=us-la-statutes--rs-title-40--40:1012}

In accordance with the Public Bid Law, R.S. 38:2211 et seq., the board shall have the authority to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. Any contractor shall be bound to comply with provisions regarding confidentiality of prescription information in R.S. 40:1007 and further shall be subject to the penalties specified in R.S. 40:1009 for unlawful acts.

*Acts 2006, No. 676, §1, eff. July 1, 2006.*

##### **§ 40:1013** Funding authority {#sec-40-1013 omnilex-key=us-la-statutes--rs-title-40--40:1013}

A. The board shall have the authority to make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the prescription monitoring program.

B. In the event the legislature provides full funding for the prescription monitoring program, no fees shall be levied as provided in this Section.

C. The board shall have the authority to levy and collect an annual fee from each of the following practitioners in possession of authority to prescribe or dispense controlled dangerous substances: physicians, podiatrists, dentists, optometrists, advanced practice registered nurses, physician assistants, medical psychologists, or any other person subsequently authorized by law to prescribe controlled dangerous substances. The board shall also have the authority to levy and collect an annual fee from each pharmacy licensed by the board. The annual fee levied and collected from each person enumerated in this Subsection and each pharmacy shall not exceed twenty-five dollars.

D. The board shall not be required to fund any aspect of the prescription monitoring program.

*Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 144, §1; Acts 2013, No. 27, §1, eff. May 23, 2013.*

##### **§ 40:1014** Severability {#sec-40-1014 omnilex-key=us-la-statutes--rs-title-40--40:1014}

If any provision of this Act or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable.

*Acts 2006, No. 676, §1, eff. July 1, 2006.*

#### **PART X-B** TRANSACTIONS IN DRUG-RELATED OBJECTS PROHIBITED

##### **§ 40:1021** Definitions {#sec-40-1021 omnilex-key=us-la-statutes--rs-title-40--40:1021}

A. As used in this Part, unless the context clearly otherwise indicates, the term "drug
paraphernalia" means and includes but is not limited to:

(1) All equipment, products, and materials of any kind which are used, intended for
use, or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance in violation
of the Uniform Controlled Dangerous Substances Law, as scheduled in R.S. 40:964.

(2) Kits used, intended for use, or designed for use in planting, propagating,
cultivating, growing, or harvesting of any species of plant which is a controlled substance or
from which a controlled substance can be derived.

(3) Kits used, intended for use, or designed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances.

(4) Isomerization devices used, intended for use, or designed for use in increasing
the potency of any species of plant which is a controlled substance.

(5) Testing equipment used, intended for use, or designed for use in identifying, or
in analyzing the strength, effectiveness, or purity of controlled substances.

(6) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite,
dextrose, and lactose, used, intended for use, or designed for use in cutting controlled
substances.

(7) Separation gins and sifters used, intended for use, or designed for use in
removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use,
or designed for use in compounding controlled substances.

(9) Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances.

(10) Containers and other objects used, intended for use, or designed for use in
storing or concealing controlled substances.

(11) Hypodermic syringes, needles, and other objects used, intended for use, or
designed for use in parenterally injecting controlled substances into the human body.

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such
as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls.

(b) Water pipes.

(c) Carburetion tubes and devices.

(d) Smoking and carburetion masks.

(e) Roach clips, meaning objects used to hold burning material, such as a marijuana
cigarette, that has become too small or too short to be held in the hand.

(f) Miniature cocaine spoons, and cocaine vials.

(g) Chamber pipes.

(h) Carburetor pipes.

(i) Electric pipes.

(j) Air-driven pipes.

(k) Chillums.

(l) Bongs.

(m) Ice pipes or chillers.

B. Notwithstanding any provision of law to the contrary, the term "drug
paraphernalia" shall not include rapid fentanyl test strips (FTS) or any testing equipment or
devices solely used, intended for use, or designed to determine whether a substance contains
any controlled dangerous substance or chemical compound that can cause physical harm or
death, provided that the testing equipment is not used to facilitate the manufacture or
distribution of any controlled substance in violation of R.S. 40:961 et seq.

C. Notwithstanding any other provision of law to the contrary, the term "drug
paraphernalia" shall not include any equipment or devices solely used or intended for use for
the inhalation of raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of
tetrahydrocannabinols when the person is a patient of a state-sponsored medical marijuana
program and possesses medical marijuana in a form permissible under R.S. 40:1046 for
therapeutic use.

*Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2022, No. 137, §1; Acts 2022, No. 271, §4; Acts 2022, No. 499, §1; Acts 2025, No. 102, §1, eff. June 8, 2025.*

##### **§ 40:1022** Determination of drug paraphernalia {#sec-40-1022 omnilex-key=us-la-statutes--rs-title-40--40:1022}

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use.

(2) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Law.

(3) The proximity of the object to controlled substances.

(4) The existence of any residue of controlled substances on the object.

(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Dangerous Substances Law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

(6) Instructions, oral or written, provided with the object concerning its use.

(7) Descriptive materials accompanying the object which explain or depict its use.

(8) National and local advertising concerning its use.

(9) The manner in which the object is displayed for sale.

(10) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.

(11) The existence and scope of legitimate use for the object in the community.

(12) Expert testimony concerning its use.

*Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1023** Prohibited acts {#sec-40-1023 omnilex-key=us-la-statutes--rs-title-40--40:1023}

A. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug paraphernalia.

B. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to display for sale or possess with the intent to distribute, any drug paraphernalia.

C. It is unlawful for any person to use, or to possess with intent to use, any drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Part.

D. Repealed by Acts 1990, No. 517, §2, eff. July 18, 1990.

*Added by Acts 1980, No. 669, §1; Acts 1990, No. 517, §§1 and 2, eff. July 18, 1990; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1023.1** Prohibited acts; unmarried persons under seventeen years of age {#sec-40-1023.1 omnilex-key=us-la-statutes--rs-title-40--40:1023.1}

A. It is unlawful for any person, corporation, or association to sell, lend, rent, lease, give, exchange, exhibit, display, or distribute to any unmarried person under the age of seventeen any drug paraphernalia.

B. The unlawful sale, loan, rent, lease, gift, exchange, exhibition, display, or distribution of drug paraphernalia to any unmarried person under the age of seventeen is the intentional sale, loan, rent, lease, gift, exchange, exhibition, display, or distribution of drug paraphernalia to any unmarried person under the age of seventeen years, at any newsstand, record store, tape store or any other commercial establishment which is open to persons under the age of seventeen years.

C. It shall be unlawful to invite or permit any unmarried person under the age of seventeen to be in any commercial establishment that exhibits or displays any item, material, work, or object of any kind that is defined as drug paraphernalia pursuant to this Part.

D. Lack of knowledge of age or marital status shall not constitute a defense, unless the defendant shows that he had reasonable cause to believe that the minor involved was either married or seventeen years of age or more and that the minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or apparently official document purporting to establish that such person was either married or seventeen years of age or more.

*Acts 1990, No. 398, §1, eff. July 18, 1990; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1024** Exceptions; defenses; local needle exchanges {#sec-40-1024 omnilex-key=us-la-statutes--rs-title-40--40:1024}

A. Any provision of law to the contrary herein notwithstanding, the provisions of this
Part shall not apply to the manufacture, sale, distribution, or advertisement of any product
or object designed and sold primarily for scientific research, industrial, veterinary, or
agricultural purposes, or for bona fide medical or clinical use.

B. It shall be an affirmative defense that the person to whom the drug-related object
or advertisement or notice was distributed had a prescription from a licensed medical
practitioner or psychiatrist for marijuana or the controlled substance for which the object is
primarily intended to be used. It is also an affirmative defense that the drug-related object
was designed or marketed as useful primarily for veterinary or agricultural purposes.

C. Any provision of law to the contrary herein notwithstanding, the provisions of this
Part shall not prohibit the establishment and implementation of a needle exchange program
within the jurisdiction of a local governing authority, including but not limited to a city,
town, or parish, upon the express approval of the local governing authority.

*Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2017, No. 40, §1, eff. June 3, 2017; Acts 2022, No. 271, §4.*

##### **§ 40:1025** Penalties {#sec-40-1025 omnilex-key=us-la-statutes--rs-title-40--40:1025}

A.(1) Except as provided in Subsection E of this Section, the first violation of or
failure to comply with any provision of this Part shall subject the offender to a fine not in
excess of three hundred dollars, or imprisonment of not more than fifteen days, or both.

(2) A conviction for a violation of the provisions of this Part may not be used as a
predicate conviction for enhancement purposes under Subsections B and C of this Section
if the offender has not been convicted of any violation of the controlled dangerous substances
law for a period of two years from the date of completion of sentence, probation, parole, or
suspension of sentence for that conviction. The provisions of this Paragraph shall apply only
once with respect to any person.

B. On a second conviction, except as provided in Subsection E of this Section, the
offender shall be fined not more than one thousand dollars, or imprisoned for not more than
six months, or both.

C. On a third or subsequent conviction, except as provided in Subsection E of this
Section, the offender shall be fined not more than two thousand five hundred dollars, or
imprisoned, with or without hard labor, for not more than two years, or both.

D. If the second or subsequent conviction is by any person licensed under the
occupational license tax law, as provided in R.S. 47:341 et seq., or by such person's manager,
agent, servant, or employee, then such person shall forfeit the right to any permit issued
thereunder and such permit may be suspended or revoked.

E. The penalty for possessing drug paraphernalia intended for, or used solely for, the
inhalation, ingestion, epidermal or sublingual absorption, or other method of introducing
marijuana or marijuana derivatives into the human body are as follows for quantities of
paraphernalia not exceeding those required for individual personal use:

(1) On a first conviction, a fine of one hundred dollars.

(2) On a second conviction, a fine of five hundred dollars.

(3) On a third or subsequent conviction, a fine of two thousand five hundred dollars.

*Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2016, No. 246, §1; Acts 2024, No. 682, §1.*

##### **§ 40:1026** Contraband; condemnation proceedings {#sec-40-1026 omnilex-key=us-la-statutes--rs-title-40--40:1026}

All instruments, devices, and objects which are seized after the effective date of this Section, on condemnation as being distributed or possessed in violation of this Part, may be destroyed by the authorities making the seizure, but only after compliance with the following procedure. Within ninety days after any seizure is made after the effective date of this Section, the district attorney shall institute condemnation proceedings in district court by petition, a copy of which shall be served upon the owner of the seized items, if known. If the owner is unknown, notice of the proceedings shall be published once a week for two weeks in the official journal of the parish. The petition shall allege that the seized items were distributed or possessed in violation of this Part. Fifteen days after the filing of the petition, judgment by default shall be entered by the court, and the court shall order the seized items to be destroyed. Otherwise, the case shall proceed as other civil cases in said court. If the prosecution proves, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of the law, the court shall order the seized items to be destroyed.

*Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.*

#### **PART X-C** ANIMAL EUTHANASIA WITH SODIUM PENTOBARBITAL

##### **§ 40:1031** Purpose {#sec-40-1031 omnilex-key=us-la-statutes--rs-title-40--40:1031}

It is the purpose of this Part to establish a permit system to allow animal control facilities to acquire and administer sodium pentobarbital for the humane euthanasia of sick, homeless, and abandoned animals.

*Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1032** Permit {#sec-40-1032 omnilex-key=us-la-statutes--rs-title-40--40:1032}

No animal control agency or facility shall purchase, possess, or administer sodium pentobarbital to sick, homeless, injured, or unwanted pets or other domestic and wild animals for their humane euthanasia without the permit required by this Part.

*Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1033** Permit application {#sec-40-1033 omnilex-key=us-la-statutes--rs-title-40--40:1033}

Any duly incorporated humane society contracted to perform animal control services
by a parish or municipality or any parish or municipal animal control agency may apply to
the secretary of the Louisiana Department of Health for a permit to purchase, possess, and
administer sodium pentobarbital for the humane euthanasia of animals.

*Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1034** Permit issuance and conditions {#sec-40-1034 omnilex-key=us-la-statutes--rs-title-40--40:1034}

A. The secretary shall not issue a permit to purchase, possess, or administer sodium pentobarbital for the humane euthanasia of animals unless the following criteria have been met:

(1) The animal control agency or facility is a duly incorporated humane society contracted to perform animal control services by a parish or municipality or a parish or municipal animal control agency.

(2) The animal control agency has on staff a certified euthanasia technician, as provided in R.S. 37:1551 et seq.

(3) Any other criteria which may be established by the department pursuant to R.S. 40:1036.

B. The permit shall designate a sole responsible person for the duration of the permit to oversee the purchase, possession, and administration of sodium pentobarbital, which such person shall be a certified euthanasia technician.

*Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1035** Permit revocation or suspension; inspections {#sec-40-1035 omnilex-key=us-la-statutes--rs-title-40--40:1035}

A. The secretary may revoke or suspend any permit issued hereunder if it is determined that sodium pentobarbital is being used for any purpose other than humane animal euthanasia or that the permitted facility has failed to abide by the regulations promulgated by the secretary for the safe and efficient purchase, possession, or administration of sodium pentobarbital.

B. The department shall inspect any permitted animal control facility to determine compliance with this Chapter or any rules or regulations promulgated pursuant thereto.

*Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1036** Rules and regulations {#sec-40-1036 omnilex-key=us-la-statutes--rs-title-40--40:1036}

The department may promulgate any rules and regulations necessary to effectuate the purposes of this Chapter.

*Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.*

#### **PART X-D** TRANSACTIONS INVOLVING PROCEEDS FROM CONTROLLED DANGEROUS SUBSTANCES ACTIVITY

##### **§ 40:1041** Transactions involving proceeds from drug offenses {#sec-40-1041 omnilex-key=us-la-statutes--rs-title-40--40:1041}

A. It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds known to be derived from a violation of R.S. 40:966 et seq. when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or the control of the proceeds known to be derived from such violation or to avoid a transaction reporting requirement under state or federal law.

B. It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport, maintain an interest in, or otherwise make available anything of value known to be for the purpose of committing or furthering the commission of any violation of R.S. 40:966 et seq.

C. It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of R.S. 40:966 et seq.

D. It is unlawful for any person to knowingly or intentionally receive or acquire proceeds derived from any violation of R.S. 40:966 et seq., or to knowingly or intentionally engage in any transaction involving proceeds from any such violations. The provisions of this Section shall not include any transaction between an individual and his attorney, that is necessary to preserve that individual's right to representation by counsel, as guaranteed by the Sixth Amendment of the United States Constitution, and Article I Section 13 of the Constitution of Louisiana. However, this shall not affect the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of R.S. 40:966 et seq., as provided by R.S. 40:2601 through 2622.

E. Any person who is convicted of violating this Section shall be imprisoned for not more than ten years, with or without hard labor, or fined not more than ten thousand dollars, or both.

*Added by Acts 1989, No. 370, §1; Acts 2004, No. 165, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.*

##### **§ 40:1042** {#sec-40-1042 omnilex-key=us-la-statutes--rs-title-40--40:1042}

##### **§ 40:1043** Permit application {#sec-40-1043 omnilex-key=us-la-statutes--rs-title-40--40:1043}

##### **§ 40:1044** {#sec-40-1044 omnilex-key=us-la-statutes--rs-title-40--40:1044}

##### **§ 40:1045** {#sec-40-1045 omnilex-key=us-la-statutes--rs-title-40--40:1045}

#### **PART X-E** THERAPEUTIC USE OF MARIJUANA

##### **§ 40:1046** Recommendation and sale of marijuana for therapeutic use; production facility licensing; regulations and permitting by the Louisiana Department of Health {#sec-40-1046 omnilex-key=us-la-statutes--rs-title-40--40:1046}

A.(1) Notwithstanding any other provision of this Part, any clinician authorized by
the provisions of Subsection B of this Section to recommend medical marijuana, referred to
in this Section as an "authorized clinician", may recommend, in any form authorized by the
rules and regulations of the Louisiana Department of Health, hereafter referred to as the
"department", raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of
tetrahydrocannabinols for therapeutic use by any patient clinically diagnosed as suffering
from a debilitating medical condition.

(2)(a) For purposes of this Subsection, "debilitating medical condition" means any
of the following:

(i) Cancer.

(ii) Glaucoma.

(iii) Any of the following neurodegenerative diseases and conditions:

(aa) Alzheimer's disease.

(bb) Amyotrophic lateral sclerosis.

(cc) Huntington's disease.

(dd) Lewy body dementia.

(ee) Motor neuron disease.

(ff) Parkinson's disease.

(gg) Spinal muscular atrophy.

(iv) Positive status for human immunodeficiency virus.

(v) Acquired immune deficiency syndrome.

(vi) Cachexia or wasting syndrome.

(vii) Seizure disorders.

(viii) Epilepsy.

(ix) Spasticity.

(x) Severe muscle spasms.

(xi) Intractable pain.

(xii) Crohn's disease.

(xiii) Muscular dystrophy.

(xiv) Multiple sclerosis.

(xv) Posttraumatic stress disorder.

(xvi) Any of the following conditions associated with autism spectrum disorder:

(aa) Repetitive or self-stimulatory behavior of such severity that the physical health
of the person with autism is jeopardized.

(bb) Avoidance of others or inability to communicate of such severity that the
physical health of the person with autism is jeopardized.

(cc) Self-injuring behavior.

(dd) Physically aggressive or destructive behavior.

(xvii) Traumatic brain injury.

(xviii) A concussion diagnosed by an authorized clinician.

(xix) Chronic pain associated with fibromyalgia.

(xx) Chronic pain associated with sickle cell disease.

(xxi) Any condition for which a patient is receiving hospice care or palliative care.

(xxii) Any condition not otherwise specified in this Subparagraph that an authorized
clinician, in his clinical opinion, considers debilitating to an individual patient and is
qualified through his clinical education and training to treat.

(b) No authorized clinician shall recommend medical marijuana for treatment of any
condition associated with autism spectrum disorder for a patient who is under the age of
eighteen unless the clinician complies with the provisions of this Section and consults with
a pediatric subspecialist. For purposes of this Subparagraph, a pediatric subspecialist is an
individual licensed to practice medicine in any state in the United States who provides care
to patients with autism spectrum disorder.

(c) Intractable pain means a pain state in which the cause of the pain cannot be
removed or otherwise treated with the consent of the patient and which, in the generally
accepted course of medical practice, no relief or cure of the cause of the pain is possible, or
none has been found after reasonable efforts. It is pain so chronic and severe as to otherwise
warrant an opiate prescription.

(d) Repealed by Acts 2019, No. 284, §2.

(e) Repealed by Acts 2019, No. 284, §2.

(3) For purposes of this Part, "recommend" or "recommended" means an opinion of
any authorized clinician, provided within a bona fide clinician-patient relationship, that, in
the sincere judgment of the clinician, therapeutic cannabis may be helpful to the patient's
condition or symptoms and is communicated by any means allowed by the department.

(4) Any authorized clinician may recommend medical marijuana to any patient
suffering from a debilitating medical condition with whom he shares a bona fide
clinician-patient relationship.

(5)(a) No retailer permitted to sell marijuana for therapeutic use in accordance with
the provisions of this Section shall sell more than two and one-half ounces, or seventy-one
grams, of raw or crude marijuana every fourteen days to any individual patient.

(b) No retailer permitted to sell marijuana for therapeutic use in accordance with the
provisions of this Section shall sell raw or crude marijuana to any person under twenty-one
years of age without a recommendation from an authorized clinician specifically
recommending marijuana in raw or crude form for that person.

(6) Authorized clinicians shall report adverse events and health outcomes associated
with a patient's use of medical marijuana to the data system provided for in R.S. 40:1168.1
et seq.

(7) Nothing in this Subsection shall be construed to prevent the department from
authorizing, by rule, medical marijuana in a form to be administered by metered-dose inhaler.
For purposes of this Section, "metered-dose inhaler" means a device that delivers a specific
amount of medication to the lungs, in the form of a short burst of medicine that is usually
self-administered by the patient via inhalation.

B. All of the following licensed health professionals are hereby authorized to
recommend medical marijuana to patients and, for purposes of this Part, shall be deemed
"authorized clinicians":

(1) Any physician licensed by and in good standing with the Louisiana State Board
of Medical Examiners to practice medicine in this state.

(2) 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.

(3) Any medical psychologist licensed by and in good standing with the Louisiana
State Board of Medical Examiners to practice medical psychology in this state.

C.(1) The department shall adopt rules to provide for therapeutic marijuana retail
permits.

(2) The rules promulgated pursuant to this Subsection shall include but not be
limited to:

(a) Repealed by Acts 2024, No. 693, §2, eff. Jan. 1, 2025.

(b) Standards, procedures, and protocols for the dispensing and tracking of
recommended therapeutic marijuana in Louisiana.

(c) Procedures and protocols to provide that no recommended therapeutic marijuana
may be sold from, produced from, obtained from, sold to, or transferred to a location outside
of this state.

(d), (e) Repealed by Acts 2022, No. 491, §2.

(f) Repealed by Acts 2024, No. 693, §2, eff. Jan. 1, 2025.

(g) The establishment of other permit, renewal, and operational standards which are
deemed necessary by the department.

(h) Repealed by Acts 2022, No. 491, §2.

(i) The establishment of health, safety, and security requirements for therapeutic
marijuana retail permit holders.

(j), (k), (l) Repealed by Acts 2024, No. 693, §2, eff. Jan. 1, 2025.

D. Nothing in this Section shall be construed to prohibit the department from
adopting emergency rules as otherwise provided for in the Administrative Procedure Act.

E. Marijuana, tetrahydrocannabinols, or a chemical derivative of
tetrahydrocannabinols recommended pursuant to this Section shall be sold in person by a
marijuana retail permit holder located in Louisiana.

F.(1)(a) Each permitted retailer shall acquire and maintain all software, hardware,
and communications infrastructure necessary to ensure connectivity to and implementation
of the Louisiana Medical Marijuana Tracking System, hereafter referred to as the "LMMTS",
from seed to delivery to an approved laboratory, to wholesale to permitted retailers, to
wholesale to another licensed cultivation facility, to delivery to an authorized researcher, to
sale to patients or caregivers by permitted retailers, or to destruction. A person who sells
marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols pursuant
to this Section shall review the patient's information in the database of the LMMTS prior to
the selling thereof.

(b) Each retail permit holder shall appoint a minimum of one pharmacist residing in
Louisiana who has an active unrestricted license with the Louisiana Board of Pharmacy who
is designated by the retail permit holder to be responsible for the operation of the primary
retail location and any satellite locations in compliance with all applicable laws and
regulations. The pharmacist shall be considered on duty when accessible by the employees
and agents of the primary retail location and any satellite locations through telephonic means
during open hours and available by telephone or video conference for a patient consultation
during open hours.

(2) Any person who sells marijuana, tetrahydrocannabinols, or a chemical derivative
of tetrahydrocannabinols pursuant to this Section shall comply with the reporting
requirements of the LMMTS.

G.(1)(a) The department shall issue an annual retail permit to sell recommended
marijuana for therapeutic use and, except as provided in Paragraph (3) of this Subsection,
shall limit the number of retail permits granted in the state to no more than ten.

(b) Upon each annual renewal period, a retail permit in force shall be renewed by the
department for the next succeeding period upon proper application for renewal and payment
of permit fees as required by law and the rules and regulations of the department. The
department shall charge an annual retail permit fee in the amount of twenty-two thousand
five hundred dollars to each of the ten retail permit holders authorized in Subparagraph (a)
of this Paragraph to sell recommended marijuana for therapeutic use.

(c) Subject to the limitations in this Subsection, the department shall select a new
retail permit holder through a competitive bid process in accordance with the applicable
provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq., only if any of the
following occur:

(i) After written notice from the department and failure of the retail permit holder
to cure within thirty days following receipt of written notice, a retail permit holder fails to
comply with the proper application for renewal and payment of permit fees as required by
law and the rules and regulations of the department, and the retail permit is revoked.

(ii) A retail permit is voluntarily returned or remitted to the department prior to the
expiration of the permit period.

(d) The transfer of a membership interest in an entity that holds a marijuana retail
permit may be conducted without approval of the department.

(2) For the purposes of this Subsection, the regions among which the marijuana retail
permits are allocated shall correspond to the sets of parishes comprising, respectively, the
administrative regions of the Louisiana Department of Health as those regions existed on
August 1, 2022. On and after October 1, 2022, at least one marijuana retailer shall be located
in each region.

(3)(a) After three thousand five hundred active, qualified patients are identified in
a region, the department shall notify and allow the marijuana retail permit holder in that
region to open one additional retail location as a satellite location in that region. For the
purposes of this Paragraph, "satellite location" shall mean an additional marijuana retail
location operated by a retail permit holder within the same geographic region but physically
separate from the location of the original therapeutic marijuana retail location.

(b) After seven thousand active, qualified patients are identified in a region, the
department shall notify and allow the marijuana retail permit holder in that region to open
one additional marijuana retail location as a second satellite location in that region.

(c) The retail permit holder shall submit an application to open a satellite location
provided for in this Paragraph no later than ninety days after receipt of the notification sent
by the department pursuant to this Paragraph. The satellite location shall be operational
within three hundred ten days of the approval of the application by the department. The
department may grant additional time for the satellite location to become operational due to
a circumstance beyond the control of the retail permit holder. If a marijuana retail permit
holder declines to open a satellite location pursuant to Subparagraph (a) or (b) of this
Paragraph, then the department may issue, pursuant to the provisions of Paragraph (1) of this
Subsection, an additional marijuana retail permit in that region to open one marijuana retail
location in lieu of the original retail permit holder's satellite location in that region.

(d) The department shall consider any unserved parishes within the region when
approving a satellite location or additional marijuana retail permits pursuant to this
Paragraph.

(e) For the purposes of this Paragraph, the active, qualified patient count shall be
conducted and reviewed on a quarterly basis using the preceding twenty-four-month period.

(4)(a) The total number of marijuana retail locations, including satellite locations,
approved by the department pursuant to Paragraph (3) of this Subsection shall not be greater
than thirty locations.

(b) The provisions of this Paragraph shall not be construed to authorize a marijuana
retail permit holder to open more than two satellite locations in a single region.

(5) The provisions of this Subsection shall not be construed to require the closure of
any marijuana retail location, including satellite locations, if the active, qualified patient
count drops below three thousand five hundred after the location is approved.

(6)(a) No marijuana retail permit holder shall locate within a fifteen-mile radius of
another retail permit holder's marijuana retail location.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, in a region
that encompasses any parish with a population of more than three hundred fifty thousand
persons according to the most recent federal decennial census, no marijuana retail permit
holder shall locate within a ten-mile radius of another retail permit holder's marijuana retail
location.

(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph,
in a region that encompasses any municipality with a population of more than three hundred
fifty thousand persons according to the most recent federal decennial census, no marijuana
retail permit holder shall locate within a five-mile radius of another retail permit holder's
marijuana retail location.

(d) The provisions of this Paragraph shall not apply if all affected retail permit
holders submit a written mutual agreement to the department waiving the provisions of this
Paragraph.

(7) Each marijuana retail permit holder shall offer delivery to patients in each zip
code within its region at least once per month.

(8) For purposes of this Subsection, "active, qualified patient" means a patient who
has acquired a therapeutic marijuana product at least once.

H.(1)(a) The Louisiana Department of Health shall issue no more than two licenses
to cultivate, extract, process, produce, and transport therapeutic marijuana in this state. Each
license shall be issued on July first and shall be effective for a period of one year.

(b) The licenses issued on July 1, 2024, shall be to the entities who held contracts
with the Louisiana State University Agricultural Center and the Southern University
Agricultural Center on January 1, 2024, pursuant to Act No. 261 of the 2015 Regular Session
of the Legislature.

(c) Upon each renewal period, a license in force shall be renewed by the department
for the next succeeding period upon proper application for renewal and payment of license
fees as required by law and the rules and regulations of the department.

(d) Subject to the limitation of no more than two licenses to cultivate, extract,
process, produce, and transport therapeutic marijuana in this state, the department shall select
a new licensee through a competitive bid process in accordance with the applicable
provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq., if any of the following
occur:

(i) After written notice from the department and failure of the licensee to cure within
thirty days following receipt of written notice, a licensee fails to comply with the proper
application for renewal and payment of license fees as required by law and the rules and
regulations of the department, and the license is revoked.

(ii) A license is voluntarily returned or remitted to the department prior to the
expiration of the licensure period.

(2)(a) The Louisiana Department of Health shall collect all of the following
information from each licensee:

(i) The amount of gross marijuana produced by the licensee during each calendar
year.

(ii) The details of all production costs including but not limited to seed, fertilizer,
labor, advisory services, construction, and irrigation.

(iii) The details of any items or services for which the licensee subcontracted and the
costs of each subcontractor directly or indirectly working for the licensee.

(iv) The amount of therapeutic chemicals produced resulting from the marijuana
grown pursuant to this Section.

(v) The amount of therapeutic marijuana distributed to each retail permit holder
during each calendar year.

(b) The Louisiana Department of Health shall provide the information collected as
required by this Paragraph for the previous calendar year in the form of a written report to
the legislature no later than February first of each year. The department shall also make a
copy of the report required by this Subparagraph available to the public on the internet.

(3) No company that has made a contribution to a candidate in a Louisiana election
governed by the provisions of the Campaign Finance Disclosure Act within the five years
prior to bidding for the license, or is controlled wholly or in part by a person who made such
a contribution within the five years prior to the company bidding for the license, may be
eligible for the license.

(4) The Louisiana Department of Health shall:

(a) Establish and collect an annual license fee of one hundred thousand dollars from
each licensee permitted to cultivate, extract, process, produce, and transport therapeutic
marijuana.

(b) Collect a nonrefundable application fee of ten thousand dollars.

(c) Assess a fee of seven percent of the gross sales of therapeutic marijuana. The fee
shall be reported and paid by the licensee. The fee shall be collected by the Department of
Revenue and shall be subject to the provisions of Chapter 18 of Subtitle II of Title 47 of the
Louisiana Revised Statutes of 1950. The Department of Revenue shall transfer monthly to
the state treasury for deposit into the Disability Services Fund, as established in R.S. 28:826,
the amount of revenues collected in accordance with this Subparagraph.

(5) The Louisiana Department of Health shall promulgate rules and regulations as
necessary to implement the provisions of this Subsection.

I. The levels of THC in any marijuana produced pursuant to this Section shall be
reduced to the lowest acceptable therapeutic levels available through scientifically accepted
methods.

J. Notwithstanding any other provision of law to the contrary, employers and their
worker's compensation insurers shall not be obliged or ordered to pay for medical marijuana
in claims arising under Title 23 of the Louisiana Revised Statutes of 1950, the Louisiana
Workers' Compensation Law.

K. Nothing in this Part shall be construed or enforced in any manner that prevents
a clinician authorized by Subsection A of this Section to recommend therapeutic marijuana
from recommending therapeutic marijuana through telehealth as defined in R.S. 40:1223.3
in this state.

L. The Louisiana State University Agricultural Center, the Southern University
Agricultural Center, and the University of Louisiana at Monroe may conduct research on
marijuana for therapeutic use.

M. The provisions of this Section shall terminate on July 1, 2030.

*Acts 1991, No. 874, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2015, No. 261, §1, eff. June 29, 2015; Acts 2016, No. 96, §§1, 2, eff. May 19, 2016; Acts 2016, No. 567, §1; Acts 2018, No. 206, §4; Acts 2018, No. 496, §§1, 2, eff. May 23, 2018; Acts 2018, No. 708, §§1, 2; Acts 2018, No. 715, §§1, 2; Acts 2019, No. 207, §§1, 3; Acts 2019, No. 284, §§1, 2; Acts 2019, No. 331, §§2, 3, eff. July 1, 2019; Acts 2020, No. 286, §§1, 2; Acts 2021, No. 424, §1, eff. Jan. 1, 2022; Acts 2022, No. 271, §4; Acts 2022, No. 444, §1; Acts 2022, No. 491, §§1, 2; Acts 2022, No. 492, §1, eff. June 16, 2022; Acts 2023, No. 311, §1, eff. June 13, 2023; Acts 2023, No. 322, §4, eff. Jan. 1, 2024; Acts 2024, No. 150, §1, eff. May 22, 2024; Acts 2024, No. 693, §§1, 2, eff. Jan. 1, 2025; Acts 2025, No. 513, §1; Acts 2025, No. 514, §1, eff. July 1, 2025.*

##### **§ 40:1046.1** Sale of marijuana for therapeutic use to visiting qualifying patients {#sec-40-1046.1 omnilex-key=us-la-statutes--rs-title-40--40:1046.1}

A. As used in this Part, the following terms have the meaning ascribed in this
Subsection:

(1) "Debilitating medical condition" has the meaning ascribed in R.S.
40:1046(A)(2)(a).

(2) "Department" means the Louisiana Department of Health.

(3) "LMMTS" means the electronic seed-to-sale tracking system approved by the
department.

(4) "Medical marijuana" means marijuana for therapeutic use produced pursuant to
the provisions of R.S. 40:1046(H).

(5) "Visiting qualifying patient" means a patient with a debilitating medical condition
who is not a resident of Louisiana or who has been a resident of Louisiana for less than thirty
days and who is in actual possession of a valid medical marijuana registry identification card,
or its equivalent, which has been issued under the medical marijuana laws of another state,
district, territory, commonwealth, or insular possession of the United States.

B. A visiting qualifying patient may obtain medical marijuana from a marijuana
retail permit holder upon producing evidence of his valid medical marijuana registry
identification card, or its equivalent, which has been issued under the medical marijuana laws
of another state, district, territory, commonwealth, or insular possession of the United States.

C.(1) A marijuana retail permit holder shall require each visiting qualifying patient
to certify on a form approved by the department that the patient has been diagnosed by an
authorized clinician with one or more debilitating medical conditions. The form shall
include the full name, address, and phone number of the visiting qualifying patient and shall
include a statement to be signed by the patient by which the patient shall attest that the
patient will not divert to any person any medical marijuana sold to him by the marijuana
retail permit holder.

(2)(a) A marijuana retail permit holder shall retain a copy of each of the following
documents received from a visiting qualifying patient:

(i) The patient's valid medical marijuana registry identification card or its equivalent.

(ii) The patient's valid driver's license or other government-issued photo
identification document.

(iii) The original, completed, and signed form provided for in Paragraph (1) of this
Subsection.

(b) The department shall promulgate in accordance with the Administrative
Procedure Act a record retention schedule for marijuana retail permit holders which applies
to the documents identified in this Paragraph.

D. Prior to dispensing any medical marijuana product to a visiting qualifying patient,
a pharmacist or the pharmacist's designee at a marijuana retail location shall review the
patient's records in the LMMTS. The pharmacist or the pharmacist's designee shall resolve
any concerns identified in the review of the patient's records by consultation with the patient's
physician.

E. Upon sale of any medical marijuana product to a visiting qualifying patient, the
pharmacist or the pharmacist's designee at a marijuana retail location shall report that
transaction to the LMMTS.

F. No marijuana retail permit holder shall sell medical marijuana to a person who
holds himself out to be a visiting qualifying patient if the pharmacist or the pharmacist's
designee at the retail location determines any of the following with respect to that person:

(1) The person's medical marijuana registry identification card was revoked, has
expired, or is otherwise not valid and current.

(2) The person's medical marijuana registry identification card was fraudulently
obtained.

(3) The person's application or written certifications were falsified in any way.

(4) The person knowingly violated any law of this state applicable to medical
marijuana.

*Acts 2022, No. 438, §1; Acts 2024, No. 693, §1, eff. Jan. 1, 2025.*

##### **§ 40:1046.2** Licensees; minimum standards {#sec-40-1046.2 omnilex-key=us-la-statutes--rs-title-40--40:1046.2}

A. The licensee to cultivate, extract, process, produce, and transport therapeutic
marijuana shall be subject to oversight and inspections by the Louisiana Department of
Health as provided in this Section.

B. Initial inspections of facilities shall be conducted in accordance with the following
procedures and requirements:

(1) Prior to commencement of operations, the Louisiana Department of Health shall
conduct an initial inspection of the facility, limited strictly to a determination of the
following:

(a) That the facility adheres to all of the following:

(i) Is within a building that has a complete roof enclosure supported by connecting
walls, constructed of solid materials, that extend from the ground to the roof.

(ii) Has a foundation, slab, or equivalent base to which the floor is securely attached.

(iii) Meets performance standards ensuring that cultivation and processing activities
cannot be and are not reasonably perceptible from the structure in terms of common visual
observation, odors, smell, fragrances, or other olfactory stimulus, light pollution, glare,
brightness, adequate ventilation to prevent mold, and noise.

(iv) Provides complete visual screening.

(v) Meets the standards of any applicable state and local electrical, fire, plumbing,
and building specification codes.

(b) That the licensee possesses and maintains accurate, detailed plans and elevation
drawings of all operational areas involved with the cultivation, extraction, processing, and
production of therapeutic marijuana.

(c) That the licensee possesses and maintains a written operations plan, which shall
be limited to standard operating procedures for the cultivation of marijuana in each facility
production area, instructions for making each product produced on the premises, equipment
operations manuals, procedures for conducting necessary safety checks, sanitization
procedures for working surfaces and equipment, quality control procedures, and emergency
preparedness procedures.

(d) That the licensee has connection and access to the Louisiana Medical Marijuana
Tracking System, hereafter referred to in this Section as LMMTS.

(e) That the licensee has security against unauthorized entry via the presence of
operational alarm and video surveillance systems, limited access areas, secure locking
systems, and door controls throughout the facility.

(f) The initial inventory and accuracy of inventory reporting.

(g) The existence of current, complete, and accurate personnel records.

(2)(a) Notwithstanding Paragraph (1) of this Subsection, nothing in this Section shall
be construed to obstruct or impede the lawful activity of any licensee.

(b) The provisions of this Subsection are intended to ensure a reliable, adequate, and
uninterrupted supply of therapeutic marijuana to Louisiana patients.

C.(1) Inspections of facilities other than initial inspections shall be conducted in
accordance with the procedures and requirements provided in Paragraph (2) of this
Subsection.

(2) After a licensee commences producing therapeutic marijuana in an approved
facility, the Louisiana Department of Health shall inspect each facility at least twice annually
to verify the existence or accuracy of the following:

(a) Possession and accuracy of detailed plans and elevation drawings of all
operational areas involved with the cultivation, extraction, processing, and production of
therapeutic marijuana.

(b) Existence and possession of a current written operations plan.

(c) Connection and accessibility to the LMMTS.

(d) Operational alarm and video surveillance systems.

(e) Secure locks throughout the facility.

(f) Controls to limited access areas.

(g) Current, complete, and accurate personnel records.

(h) Biannual inventory reports.

D. All of the following standards and requirements for security shall apply with
respect to facilities:

(1) Any facility alarm or surveillance system shall include the following:

(a) A panic device that sounds an audible alarm and notifies law enforcement.

(b) Surveillance system coverage for all points of ingress and egress to the facility,
including but not limited to doorways, windows, and loading bays.

(c) "Duress" or "hold up" features to enable activation of a silent alarm.

(d) Date- and time-stamped recording of all points of ingress and egress, any limited
access areas including rooms containing a safe, any room in which any part of the disposal
process occurs, and any room or area used to cultivate, extract, process, produce, or store
therapeutic marijuana.

(e) Capabilities including continuous recording, archiving, and at least one on-site
display monitor connected to the system.

(2) Each facility shall maintain on-site security personnel, at a minimum, during
standard United States business hours of eight o'clock a.m. to five o'clock p.m. and shall
maintain off-site, electronic security monitoring at all other times.

(3) All surveillance recordings shall be maintained for a minimum of thirty days and
access to surveillance controls and monitoring shall be limited to specifically authorized
personnel.

(4) Each licensee shall limit access to and post limited-access signage where
marijuana is cultivated, extracted, processed, produced, or stored. Limited access areas shall
remain locked and accessible only by authorized personnel.

(5) Each employee, supervisor, or agent of each licensee shall keep a current
identification card, in a form approved by the department, on his person when present at a
facility.

E. All of the following procedures, restrictions, and authorizations shall apply relative
to visitors at facilities:

(1) Persons who do not possess a licensee identification card shall be issued a visitor
identification badge after signing a log maintained by the licensee that properly identifies the
visitor to the premises. The visitor shall wear the badge for the duration of his time on the
premises, and the visitor shall not be left unaccompanied in any area where marijuana or
marijuana products are present.

(2) Notwithstanding Paragraph (1) of this Subsection, if it is necessary for a visitor
to enter a facility to conduct repairs, maintenance, or other specific duties on the premises,
the visitor may be escorted to the work site and left unaccompanied while completing a job
if that job is not within a limited access area. If it is necessary for a visitor to enter a facility's
limited access area, the visitor shall be escorted to the work area and shall remain
accompanied by facility personnel while the work is being completed in the limited access
area if marijuana or marijuana products are within the limited access area. The visitor may
be left unaccompanied in the limited access area if no marijuana or marijuana products are
within the limited access area while the visitor is present. If the visitor is left unaccompanied
in the limited access area, facility personnel shall ensure that the visitor is under video
surveillance for the duration of the visitor's time spent on the premises.

F. All of the following requirements shall apply with respect to data management by
licensees:

(1) Each licensee shall acquire and maintain all software, hardware, and
communications infrastructure necessary to ensure connectivity to and implementation of the
LMMTS, to track therapeutic marijuana from seed to distribution to an approved laboratory,
to retail permit holders, to another cultivation licensee, or to destruction, tagging each plant
and product with a unique identification number, and entering the number into the LMMTS
for tracking. The licensee shall bear the cost of all expenses related to tracking, tagging, and
implementation of the LMMTS.

(2) Within twenty-four hours of the respective qualifying event, the licensee shall
record the following in the LMMTS:

(a) Any purchase or acquisition of therapeutic marijuana seeds; plants, including
immature plants and seedlings; or derivatives thereof.

(b) The sale, transfer, or transport of therapeutic marijuana or its derivatives to
another licensee, approved laboratory, or therapeutic marijuana retail permit holder.

(c) The disposal of therapeutic marijuana.

(3) Notwithstanding any other provision of this Section, each licensee shall keep all
documents and information required by this Part for at least the current year and the three
preceding calendar years, including but not limited to business records necessary to fully
account for each business transaction conducted by the licensee.

G. All of the following standards and requirements shall apply to the licensees'
inventory:

(1) Each licensee shall maintain a comprehensive inventory of all marijuana,
including without limitation usable marijuana available for sale, mature marijuana plants,
and seedlings at each authorized location. Following an initial inventory, all marijuana shall
be inventoried on a weekly basis.

(2) Any therapeutic marijuana waste product shall be properly weighed and recorded
in the LMMTS and stored in a limited access area of a facility until rendered unusable.

H. Material safety data sheet requirements shall include all of the following:

(1) Any pesticides or chemicals used by a licensee in the production of therapeutic
marijuana shall be used and stored according to the licensee's written operations plan.

(2) Each licensee shall maintain a material safety data sheet in each facility area
where toxic cleaning compounds, sanitizing agents, solvents used in the production of
therapeutic marijuana extracts and concentrates, pesticide chemicals, or other agricultural
chemicals are used or stored.

(3) Each licensee shall record the following information when applying a pesticide
or other agricultural chemical to therapeutic marijuana at any cultivation stage:

(a) The date and time of the pesticide or chemical application.

(b) The name of each individual who applied the pesticide or chemical.

(c) The identification number of all batches receiving the application.

(d) The amount and name of the pesticide or chemical applied, including the United
States Environmental Protection Agency registration number, if any.

I. All of the following requirements shall apply to transportation of therapeutic
marijuana by licensees:

(1) Prior to transporting therapeutic marijuana, a licensee shall generate an inventory
manifest in the LMMTS, including all of the following information:

(a) The name of the licensee originating the transport.

(b) The name of the licensee, approved laboratory, or retail permit holder receiving
the transport.

(c) The quantity by weight or unit of each type of therapeutic marijuana product
contained in the transport.

(d) The date and approximate departure and arrival times for the transport.

(e) The identity of the agent or agents accompanying the transport.

(f) The make, model, and license plate number of the transport delivery vehicle.

(2) The licensee originating the transport shall provide the licensee, approved
laboratory, or retail permit holder receiving the transport with a copy of the LMMTS
inventory manifest, which shall not be altered after departing the originating licensee's
facility.

(3) The licensee, approved laboratory, or retail permit holder receiving the transport
shall record the quantities of all therapeutic marijuana products in the LMMTS. However,
any licensee, approved laboratory, or retail permit holder receiving a therapeutic marijuana
transport shall refuse the transport if it is not accompanied by an unaltered LMMTS
inventory manifest.

*Acts 2022, No. 491, §1; Acts 2024, No. 150, §1, eff. May 22, 2024; Acts 2024, No. 693, §1, eff. Jan. 1, 2025.*

##### **§ 40:1046.3** Therapeutic marijuana laboratory; licensure and renewal requirements {#sec-40-1046.3 omnilex-key=us-la-statutes--rs-title-40--40:1046.3}

A.(1) Prior to analyzing, testing, or handling therapeutic marijuana in Louisiana, an
applicant for a therapeutic marijuana laboratory license shall submit an initial license
application on a form and in a manner prescribed by the Louisiana Department of Health,
referred to hereafter in this Section as the "department".

(2) Approved laboratories may include the Department of Agriculture and Forestry
agricultural chemistry laboratory; the colleges, universities, other institutions, and systems
governed by the Louisiana Board of Regents; public-private partnerships involving the
systems, colleges, and universities governed by the Louisiana Board of Regents and private
laboratories; and private laboratories. The Department of Agriculture and Forestry
agricultural chemistry laboratory shall be exempt from the application process and deemed
approved but shall comply with Subparagraphs (d) and (e) of this Paragraph. All other
applicants shall meet all of the following requirements:

(a) Provide proof of accreditation through either of the following:

(i) Be accredited by the National Institute on Drug Abuse, the National
Environmental Laboratory Accreditation Conference, the International Organization for
Standardization, or other accrediting entity approved by the department, which accreditation
shall be maintained in active and good standing or other substantially similar status for the
duration of licensure.

(ii) Comply with both of the following criteria:

(aa) Provide documentation that the owner has operated a state-approved, active
medical marijuana laboratory in another state for at least the past twelve months.

(bb) Be accredited by the International Organization for Standardization or other
accrediting entity approved by the department or have an application pending for
International Organization for Standardization accreditation. If the accreditation is not
achieved within nine months of the department's inspection, the department shall not accept
any additional certificates of analysis from the laboratory until the accreditation is received.

(b) Employ or hire a laboratory director or other qualifying individual. The
laboratory director or other qualifying individual and any persons involved in the testing of
marijuana or marijuana products or whose involvement with the laboratory requires or
authorizes access to restricted limited access areas of the laboratory shall obtain a permit in
accordance with the requirements of R.S. 40:1047.

(c) Submit to at least one on-site facility inspection conducted by the department
prior to licensure.

(d) Implement and utilize the Louisiana Medical Marijuana Tracking System
(LMMTS) computerized inventory tracking system to post accurate analyses and results,
which shall be subject to review by the department. Payment of any costs associated with
access to or implementation or use of LMMTS shall be the responsibility of the laboratory
exclusively.

(e) Demonstrate acceptable laboratory performance standards regarding accuracy,
precision, proficiency, reportable ranges, specificity, or other quality controls required by the
department.

B.(1) Each therapeutic marijuana laboratory license shall be effective for one year
and shall be renewed on or before December thirty-first annually.

(2) Each therapeutic marijuana laboratory licensee shall apply for license renewal
on or before October thirty-first each year on a form and in a manner prescribed by the
department.

(3) Any therapeutic marijuana laboratory license not timely renewed as required by
this Subsection shall expire on December thirty-first at midnight. Upon expiration of the
license, the laboratory shall cease all operations and destroy all marijuana or marijuana
products physically remaining at its location.

(4) Prior to granting a license renewal application, the department shall ensure that
the therapeutic marijuana laboratory licensee continues to meet the requirements of this Part,
including but not limited to the licensee's compliance with Subsection A of this Section and
its good standing with applicable requirements of the secretary of state. The department shall
conduct an out-of-cycle inspection of the therapeutic marijuana laboratory licensee if
necessary to ensure acceptable lab performance standards, accuracy, precision, proficiency,
reportable ranges, specificity, or other quality controls and assurances necessary to protect
Louisiana patients.

*Acts 2022, No. 491, §1.*

##### **§ 40:1046.4** Testing; sample collection; minimum standards; reporting; remediation {#sec-40-1046.4 omnilex-key=us-la-statutes--rs-title-40--40:1046.4}

A.(1) Each licensee authorized to cultivate, extract, process, produce, and transport
therapeutic marijuana pursuant to this Part shall comply with approved minimum standards
by making each batch of therapeutic marijuana subject to random selection, sampling, and
analysis conducted by an independent approved laboratory collector in a volume sufficient
to ensure compliance.

(2) Each therapeutic marijuana laboratory licensed according to this Part shall
maintain test results for no less than three years.

(3) The laboratory shall record test results in the Louisiana Medical Marijuana
Tracking System and produce a certificate of analysis to be delivered to the Louisiana
Department of Health and licensee permitted to cultivate, extract, process, produce, and
transport therapeutic marijuana within twenty-four hours of test completion.

B. Each batch of medical marijuana finished product shall pass all applicable testing
standards, including appropriate microbial and fungal limits, acceptable standards for
pesticide chemical residues, appropriate residual solvent and heavy metals limits,
homogeneity for concentrates and extracts, and complete active ingredient analysis or
potency analysis prior to transportation to a medical marijuana retail permit holder. The
administrative rules of the Louisiana Department of Health shall allow for a variance of no
greater than plus fifteen percent or minus fifteen percent from the labeled amount of active
ingredients in the ingredient analysis or potency analysis.

C.(1) Neither a licensee nor an approved laboratory authorized pursuant to this Part
shall release or approve a therapeutic marijuana product for delivery or sale until a sample
from the applicable product batch has complied with all required testing standards.

(2) A licensee may resubmit to an approved laboratory any sample that fails one or
more initial tests required by this Part. The sample may be released for delivery and sale
only if it passes all tests conducted by an approved laboratory in duplicate. The sample may
be remediated according to any reasonably acceptable industry methods if it fails one or more
tests conducted by an approved laboratory.

(3) Any remediated sample shall pass remediation testing in duplicate prior to
approval for delivery and sale.

(4) A product may be remediated only once, and any product failing remediation
testing shall be destroyed within sixty days of the failed test, in addition to the timely
destruction of the entire batch from which the sample was collected.

*Acts 2022, No. 491, §1; Acts 2024, No. 150, §1, eff. May 22, 2024; Acts 2024, No. 693, §1, eff. Jan. 1, 2025.*

##### **§ 40:1047** Permits relating to production of therapeutic marijuana; contractors of licensed producers; permit application requirements; authorization to obtain criminal history record information {#sec-40-1047 omnilex-key=us-la-statutes--rs-title-40--40:1047}

A. As used in this Section, the following terms have the meaning ascribed to them
in this Subsection:

(1) "Applicant" means a natural person, a corporation, limited liability company,
partnership, joint stock association, sole proprietorship, joint venture, business association,
cooperative association, professional corporation or any other legal entity or organization
through which business is conducted.

(2) "Contractor" means any person, partnership, joint venture, limited liability
company, corporation, association, joint stock association, sole proprietorship, trust, other
business entity, or juridical person whether incorporated or not selected by either the
Louisiana State University Agricultural Center or the Southern University Agricultural
Center through a competitive bid process to cultivate, extract, process, produce, and transport
therapeutic marijuana.

(3) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

(4) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

(5) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

(6) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

B.(1) No applicant for a specialty license or permit for the production of
recommended marijuana for therapeutic use issued pursuant to R.S. 40:1046(H) or a
contractor shall be required to undergo a suitability investigation conducted by any
government agency as a prerequisite to obtaining a license or permit.

(2) A contractor shall submit to a criminal history background check conducted by
a government agency or private entity subject to any applicable terms and conditions of the
contract between the university licensee and contractor. The requirement to undergo a
criminal history background check shall be limited to employees of a contractor for the
production of recommended marijuana for therapeutic use. The government agency
designated to regulate licensees for the production of recommended marijuana for therapeutic
use pursuant to R.S. 40:1046 shall issue a provisional permit to the contractor and shall be
converted to an unconditional permit upon successful completion of the criminal history
background check.

C. Unless otherwise provided by law, nothing in this Section shall be construed to
limit or prohibit a contractor from considering the results of a background check of a
prospective employee in making the final determination of whether to employ the person.

D. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

E. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

*Acts 2016, No. 96, §1, eff. May 19, 2016; Acts 2022, No. 271, §4; Acts 2022, No. 628, §§1, 2, eff. June 18, 2022.*

##### **§ 40:1049** {#sec-40-1049 omnilex-key=us-la-statutes--rs-title-40--40:1049}

#### **PART X-F** EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE MONITORING ACT

##### **§ 40:1049.1** Short title {#sec-40-1049.1 omnilex-key=us-la-statutes--rs-title-40--40:1049.1}

This Part may be referred to and may be cited as the "Ephedrine, Pseudoephedrine, and Phenylpropanolamine Monitoring Act".

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.2** Legislative findings {#sec-40-1049.2 omnilex-key=us-la-statutes--rs-title-40--40:1049.2}

A. The Louisiana Legislature recognizes the devastating effect methamphetamine production has had on its citizens.

B. Methamphetamine is unique in that it is a synthetic drug which can be produced by someone who does not possess specialized skill or training, is highly addictive, and can be made from inexpensive readily accessible ingredients.

C. Methamphetamine has been reported as one of the most addictive and deadly drug threats in the United States. The use of methamphetamine can result in fatal kidney and lung disorders, brain damage, liver damage, chronic depression, psychosis, hallucinations, and many other devastating physical and mental effects.

D. Louisiana has experienced a drop in methamphetamine production as restrictions on the sale of ephedrine, pseudoephedrine, and phenylpropanolamine have been implemented.

E. Methamphetamine is not only deadly because of the devastating effects of drug addiction, but the production of methamphetamine has resulted in several laboratory explosions and the exposure of our citizens to death, injury, or toxic substances.

F. While the production of methamphetamine has resulted in devastating effects on Louisiana citizens, the drugs used in making methamphetamine: ephedrine, pseudoephedrine, and phenylpropanolamine have legitimate medical uses.

G. The Legislature of Louisiana hereby finds and declares that a pharmacist is in the unique position of dispensing nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine and interacting with the patient at the point of purchase of these products. This relationship with the consumer and the pharmacists' specialized knowledge about the pharmaceutical qualities of products containing ephedrine, pseudoephedrine, and phenylpropanolamine make the pharmacy the best location for the sale of those products to ensure the health and safety of Louisiana's citizens.

H. The Louisiana Legislature, in enacting the provisions of this Part, seeks to provide for the legitimate medical needs of our citizens while at the same time protecting our citizens against the devastating effects of methamphetamines and methamphetamine production.

I. In order to assist law enforcement and prosecutorial agencies in addressing the growing problems associated with methamphetamine production, a real time electronic database is needed to record purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine at a pharmacy.

J. Technology is available to record all purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine at the point of sale and to transmit that information to a centralized location to be monitored and maintained in a central computer monitoring system operated by the Louisiana State Police.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.3** Restriction on the sale of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers {#sec-40-1049.3 omnilex-key=us-la-statutes--rs-title-40--40:1049.3}

A. A nonprescription material, compound, mixture, or preparation containing any
detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or
optical isomers, or salts of optical isomers shall be dispensed, sold, or distributed only by a
licensed pharmacist, certified pharmacy technician, or pharmacy employee permitted by the
Louisiana Board of Pharmacy.

B. A nonprescription material, compound, mixture, or preparation containing any
detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or
optical isomers, or salts of optical isomers shall not be dispensed, sold, or distributed by a
pharmacist, certified pharmacy technician, or pharmacy employee to any person unless the
following occur:

(1) The purchaser produces a federal or state issued photo identification, or a
document that, with respect to identification, is considered acceptable for purposes of
Sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of Title 8, Code of Federal Regulations
(as in effect on or after March 9, 2006).

(2) The purchaser signs a written or electronic log or receipt showing the date of the
transaction, the name of the purchaser, and the amount of the material, compound, mixture,
or preparation sold.

(3) The transaction information is recorded by the pharmacy and transmitted to the
central computer monitoring system as provided for in this Part.

C.(1) A pharmacist, certified pharmacy technician, or pharmacy employee may sell
or distribute nonprescription products containing ephedrine, pseudoephedrine, or
phenylpropanolamine; however, those drugs shall not be distributed in a quantity greater than
nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base, to the
same purchaser within any thirty-day period.

(2) A pharmacist, certified pharmacy technician, or pharmacy employee selling or
distributing nonprescription products containing ephedrine, pseudoephedrine, or
phenylpropanolamine shall be exempt from the rules relative to the recordkeeping
requirements for the dispensing of those nonprescription controlled dangerous substances;
however, the pharmacist, certified pharmacy technician, or pharmacy employee shall record
the transaction information and transmit it to the central computer monitoring system as
provided for in this Part.

D.(1) No person shall purchase, receive, or otherwise acquire more than nine grams
of any product, mixture, or preparation described in Subsection A of this Section within any
thirty-day period.

(2) The requirements of this Section shall not apply to any quantity of such product,
mixture, or preparation dispensed pursuant to a valid prescription from a licensed practitioner
with prescriptive authority.

E. A law enforcement officer may, pursuant to R.S. 40:986(B), obtain an
administrative search warrant to inspect the written logs or receipts maintained at a pharmacy
pursuant to the provisions of this Section.

F. A parish or municipal government authority may regulate the selling, delivering,
or providing of packages or grams of pseudoephedrine, ephedrine, or phenylpropanolamine
only in a manner that is not more or less restrictive than regulation by the state under this
Section.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.4** Central computer monitoring system; system requirements {#sec-40-1049.4 omnilex-key=us-la-statutes--rs-title-40--40:1049.4}

A. In order to facilitate the monitoring of sales of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine the pharmacist, certified pharmacy technician, or other pharmacy employee shall record all of the following information at the point of sale regarding the transaction:

(1) The date of the transaction.

(2) The name and address of the purchaser verified through photo identification of the purchaser as provided for in R.S. 40:1049.3(B)(1).

(3) The name, quantity of packages, and total gram weight of the product or products purchased, received, or otherwise acquired.

B. Upon recordation of the transaction information, the pharmacy shall transmit the information immediately to a central computer system for purposes of monitoring the sales of these products as provided for in this Section.

C. The central computer system authorized by the provisions of this Section shall be designed and operated to allow the monitoring and reading of sales information regarding products containing ephedrine, pseudoephedrine, and phenylpropanolamine at the point of sale instantly and on a real-time basis.

D. The central computer system authorized by the provisions of this Section shall be located within and administered by the Department of Public Safety and Corrections, office of state police.

E. The central computer monitoring system shall provide for the monitoring of sales of compounds containing ephedrine, pseudoephedrine, and phenylpropanolamine and shall be capable of providing an online computer alert, to ensure direct scrutiny of conditions which would violate the provisions of this Part by law enforcement.

F. The provisions of this Part shall not be construed to require that any pharmacy maintain the transaction records required under the provisions of this Part separate from the log book that is required under 21 U.S.C. 830(e). Use of the central computer monitoring system as required by this Part shall be deemed to satisfy both of these purposes.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.5** Funding sources; no fees on pharmacists or pharmacies {#sec-40-1049.5 omnilex-key=us-la-statutes--rs-title-40--40:1049.5}

A. Funding for the acquisition, implementation, and operation of the central computer monitoring system shall be funded through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.

B. Thereafter, the maintenance of the central computer monitoring system shall be funded through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.

C. The Department of Public Safety and Corrections, office of state police, and the Louisiana Sheriffs' Association may actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the central computer monitoring system, provided that such gifts, grants, and donations are not otherwise prohibited by law or rule.

D. No fee shall be charged to any pharmacist or pharmacy to defray the costs of acquiring, implementing, or maintaining the central computer monitoring system as authorized by the provisions of this Part, nor shall any fee be charged to any pharmacist or pharmacy for the transmission of information to the central computer monitoring system.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.6** Shared information; state police; sheriffs {#sec-40-1049.6 omnilex-key=us-la-statutes--rs-title-40--40:1049.6}

A. The Department of Public Safety and Corrections, office of state police shall share the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part and provide instant access to the Louisiana Sheriffs' Association.

B. The Department of Public Safety and Corrections, office of state police, is authorized to enter into a cooperative endeavor, memorandum of understanding, contract, or any other agreement with the Louisiana Sheriffs' Association, or any other law enforcement agency in order to share the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part and to provide instant access to all appropriate law enforcement agencies.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.7** Board of pharmacy access to information {#sec-40-1049.7 omnilex-key=us-la-statutes--rs-title-40--40:1049.7}

The Department of Public Safety and Corrections, office of state police, shall provide
access to the information regarding the sale of products containing ephedrine,
pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part to the
Louisiana Board of Pharmacy.

*Acts 2009, No. 314, §1; Acts 2018, No. 206, §4.*

##### **§ 40:1049.8** Pharmacists, certified pharmacy technician, or pharmacy employee not required to stop sale; may report {#sec-40-1049.8 omnilex-key=us-la-statutes--rs-title-40--40:1049.8}

A.(1) The provisions of this Part shall not be construed to require a pharmacist, certified pharmacy technician, or pharmacy employee to prohibit or complete a sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine even if the pharmacist, certified pharmacy technician, or other employee observes a warning or signal from the central computer monitoring program which indicates that the purchaser has purchased those products in amounts which exceed the amount which can be purchased by law.

(2) The provisions of this Part shall not be construed to limit a pharmacist's professional judgment as otherwise provided for by law or rules adopted by the Louisiana Board of Pharmacy.

B. A pharmacist, certified pharmacy technician, or pharmacy employee may report suspected violations of this Section or any other law to any local, state, or federal law enforcement agency, or the appropriate prosecutorial agency for further investigation or prosecution.

C. No pharmacist, certified pharmacy technician, or pharmacy employee who in good faith reports suspected violations as provided for in this Part shall be liable to any person or entity for any claim of damages as a result of the act of reporting the information, and no lawsuit may be predicated thereon.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.9** Licensed practitioner with prescriptive authority exempted {#sec-40-1049.9 omnilex-key=us-la-statutes--rs-title-40--40:1049.9}

A health care practitioner with prescriptive authority who is licensed in the state of Louisiana shall be exempt from the requirements of the provisions of this Part in dispensing any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to his patient.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.10** Transmission of information contingent on functionality of central computer monitoring system {#sec-40-1049.10 omnilex-key=us-la-statutes--rs-title-40--40:1049.10}

A. The transmittal of transaction information of products containing ephedrine, pseudoephedrine, and phenylpropanolamine as authorized by the provisions of this Part is contingent upon the acquisition, implementation, and operation of the central computer monitoring system.

B. No licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be required to transmit data to the central computer monitoring system until the funding for the acquisition and implementation of the central computer monitoring system has been secured through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.

C. No pharmacy, licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be held responsible for failure to transmit transaction information as required by this Part if at any time the central computer monitoring system is rendered inoperable due to natural disaster, tampering, or any other reason.

*Acts 2009, No. 314, §1.*

##### **§ 40:1049.11** Limitation of liability {#sec-40-1049.11 omnilex-key=us-la-statutes--rs-title-40--40:1049.11}

A. The owner or operator of a retail pharmacy, who has submitted to the United States Attorney General a self-certification in accordance with the requirements of 21 U.S.C. 830(e) regarding training of employees engaged in the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be liable for violations of this Part by the retail pharmacy's employees.

B. No licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be personally liable for any act or omission resulting in damage, injury, or loss arising out of the dispensing of a compound containing ephedrine, pseudoephedrine, or phenylpropanolamine and the transmittal of that transaction to the central computer monitoring program as authorized by the provisions of this Part; however, this limitation of liability shall not be applicable if the damage, injury, or loss was caused by the gross negligence or willful or wanton misconduct of the pharmacist, certified pharmacy technician, or pharmacy employee.

*Acts 2009, No. 314, §1.*

#### **PART XI** LOUISIANA NARCOTICS REHABILITATION COMMISSION

##### **§ 40:1051** Repealed by Acts 2022, No. 252, §3. {#sec-40-1051 omnilex-key=us-la-statutes--rs-title-40--40:1051}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1052** Repealed by Acts 2022, No. 252, §3. {#sec-40-1052 omnilex-key=us-la-statutes--rs-title-40--40:1052}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1053** Repealed by Acts 2022, No. 252, §3. {#sec-40-1053 omnilex-key=us-la-statutes--rs-title-40--40:1053}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1054** Repealed by Acts 2022, No. 252, §3. {#sec-40-1054 omnilex-key=us-la-statutes--rs-title-40--40:1054}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1055** Repealed by Acts 2022, No. 252, §3. {#sec-40-1055 omnilex-key=us-la-statutes--rs-title-40--40:1055}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1056** Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978 {#sec-40-1056 omnilex-key=us-la-statutes--rs-title-40--40:1056}

*Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978*

#### **PART XII** LOUISIANA HAZARDOUS AEROSOL ACT

##### **§ 40:1057** Title {#sec-40-1057 omnilex-key=us-la-statutes--rs-title-40--40:1057}

This Part may be cited as the "State Hazardous Aerosol Act."

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975.*

##### **§ 40:1057.1** Definitions {#sec-40-1057.1 omnilex-key=us-la-statutes--rs-title-40--40:1057.1}

As used in this Part, unless the context otherwise indicates, the
following terms shall have the meaning ascribed to them in this Section:

(1) The term "aerosol" shall mean a material which is dispensed from
its container as a mist, spray, or foam by a propellant under pressure.

(2) The term "department" means the Louisiana Department of Health.

(3) The term "secretary" means the head of the Louisiana Department
of Health, or his legally authorized representative or agent.

(4) The term "person" includes an individual, partnership, corporation,
or association, or the legal representative or agent of any of these.

(5) The term "commerce" means any and all commerce within the state
of Louisiana and subject to the jurisdiction thereof, and includes the operation
of any business or service establishment.

(6) The term "toxic" shall apply to any substance, other than a
radioactive substance, which has the capacity to produce personal injury or
illness to man through ingestion, inhalation, or absorption through any body
surface.

(7)(a) The term "highly toxic" means any substance which falls within
any of the following categories: (1) produces death within fourteen days in half
or more than half of a group of ten or more laboratory white rats each
weighing between 200 and 300 grams, at a single dose of 50 milligrams or less
per kilogram of body weight, when orally administered; or (2) produces death
within fourteen days in half or more than half of a group of ten or more
laboratory white rats each weighing between 200 and 300 grams, when inhaled
continuously for a period of one hour or less at an atmosphere concentration
of 200 parts per million by volume or less of gas or vapor or two milligrams
per liter by volume or less of mist or dust, provided such concentration is likely
to be encountered by man when the substance is used in any reasonably
foreseeable manner; or (3) produces death within fourteen days in half or more
than half of a group of ten or more rabbits tested in a dosage of 200 milligrams
or less per kilogram of body weight, when administered by continuous contact
with the bare skin for twenty-four hours, or less.

(b) If the secretary finds that available data on human experience with
any aerosol products indicate results different from those obtained on animals
in the above named dosages or concentrations, the human data shall take
precedence.

(8) The term "extremely flammable" shall apply to any substance which
has a flash point at or below 20 degrees Fahrenheit as determined by the
Tagliabue Open Cup Tester, and the term "flammable" shall apply to any
substance which has a flash point of above 20 degrees to and including 80
degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester, and the
term "combustible" shall apply to any substance which has a flash point above
80 degrees Fahrenheit to and including 150 degrees, as determined by the
Tagliabue Open Cup Tester, except that the flammability or combustibility of
solids and of the contents of self pressurized containers shall be determined by
methods found by the secretary to be generally applicable to such materials or
containers, respectively, and established by regulations issued by him, which
regulations shall also define the terms "flammable," "combustible," and
"extremely flammable" in accord with such methods.

(9) The term "label" means a display of written, printed or graphic
matter upon the immediate container of any aerosol product and a requirement
made by or under authority of this Act that any word, statement, or other
information appear on the label shall not be considered to be complied with
unless such word, statement, or other information also appears (a) on the
outside container or wrapper, if any there be, unless it is easily legible through
the outside container or wrapper and (b) on all accompanying literature where
there are directions for use, written or otherwise.

(10) The term "immediate container" does not include package liners.

(11) The term "misbranded aerosol" means an aerosol intended, or
packaged in a form suitable for use in the household or by children, which
aerosol product, except as otherwise provided by or pursuant to R.S.
40:1057.2, fails to bear a label:

(a) Which states conspicuously (1) the name and place of business of
the manufacturer, packer, distributor, or seller; (2) the common or usual name
and/or the chemical name, if there is a common or usual name, or the aerosol
ingredients, unless the secretary by regulation permits or requires the use of a
recognized generic name; (3) the signal word "DANGER" on aerosol products
which are extremely flammable, corrosive, or toxic; (4) the signal word
"WARNING" or "CAUTION" or "FATAL" on all other aerosol products; (5)
an affirmative statement of the principal hazard or hazards, such as
"Flammable," "Combustible," "Vapor Harmful," "Causes Burns," "Absorbed
Through Skin," or similar wording descriptive of the hazard; (6) precautionary
measures describing the action to be followed or avoided, except when
modified by regulation of the secretary pursuant to R.S. 40:1057.2; (7)
instruction, when necessary or appropriate, for first-aid treatment; (8) the word
"poison" for any aerosol products which is defined as "highly toxic" by
Paragraph (8); (9) instructions for handling and storage of packages which
require special care in handling or storage; and (10) the statement "Keep out
of the reach of children" or its practical equivalent or if the article is intended
for use by children and is not a banned aerosol, adequate directions for the
protection of children from the hazard; and

(b) on which any statement required under Subparagraph (a) of this
Paragraph are located prominently and are in the English language in
conspicuous and legible type in contrast by typograph, layout, or color and
other printed matter on the label.

(12)(a) The term "banned hazardous aerosol or aerosol product" means
(1) any aerosol product which contains a toxic substance in such manner as to
be susceptible of access by a child to whom such product is entrusted; and (2)
any hazardous aerosol product intended or packaged in a form suitable for use
in a household, which the secretary by regulation classifies as a "banned
hazardous aerosol" on the basis of a finding that, notwithstanding such
cautionary labeling as is or may be required under this Chapter for that aerosol
product, the degree or nature of the hazard involved in the presence or use of
such aerosol is such that the public health and safety can be adequately served
only by keeping such aerosol out of the channels of commerce.

(b) Proceedings for the issuance, amendment, or repeal of regulations
pursuant to clause (2) of Subparagraph (a) of this Paragraph shall be governed
by the provisions of R.S. 40:1057.2.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.2** Regulations declaring aerosol products; variations and exemptions; judicial review of determinations {#sec-40-1057.2 omnilex-key=us-la-statutes--rs-title-40--40:1057.2}

A. Whenever in the judgment of the secretary such action will promote the objectives of this Chapter by avoiding or resolving uncertainty as to its application, the secretary may by regulation declare such aerosol product to be a hazardous aerosol, for the purposes of this Chapter.

B. If the secretary finds that the requirements of R.S. 40:1057.1(11) or R.S. 40:1057.3(a) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous aerosol, he may by regulation establish such reasonable variations or additional label requirements as he finds necessary for the protection of the public health and safety, and any such hazardous aerosol product intended or packaged in a form suitable for use in the household or by children, which fails to bear a label in accordance with such regulations, shall be deemed to be a misbranded hazardous aerosol.

C. If the secretary finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Part is impracticable or is not necessary for the adequate protection of the public health and safety, the secretary shall promulgate regulations exempting such substance from these requirements to the extent he determines to be consistent with adequate protection of the public health and safety.

D. If the secretary finds that the hazard of an article subject to this Chapter is such that labeling adequate to protect the public health and safety cannot be devised or that the article presents an imminent danger to the public health and safety, the secretary may declare such article to be a banned hazardous aerosol and require its removal from commerce.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.3** Regulations on aerosols; warnings; mandatory reporting {#sec-40-1057.3 omnilex-key=us-la-statutes--rs-title-40--40:1057.3}

A. Any warning on aerosol products shall be prominently located in
relation to the brand name and shall be displayed in bold type. In addition, all
ingredients must be listed in bold type.

B. All manufacturers of aerosol products containing toxic substances
or which shall have fatal warnings on the containers shall file the proper
treatment in case of misuse with the department. The department shall be
responsible for compiling a list of such treatments and forwarding such list on
a periodic basis as determined by the secretary to the Louisiana State Medical
Society for review, and then distribution to all poison centers and other
medical personnel and emergency treatment centers who may have cause to
use such treatment.

C. Mandatory reporting of accidental or deliberate use causing injury
and/or sudden deaths by involvement with aerosol products shall be required
of physicians and coroners. Such reports shall be made directly to the office
of health services and environmental quality of the Louisiana Department of
Health. The department is directed to:

(1) Establish the necessary operations to receive statistics of use
causing injury or deaths by aerosols.

(2) Forward statistical information to the Department of Education and
other specified agencies on a quarterly basis.

(3) Direct coroners or pathologists who perform autopsies to be
cognizant of the possible involvement of aerosols in the case being examined
and particularly in the sudden death of youths.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.4** Prohibited acts {#sec-40-1057.4 omnilex-key=us-la-statutes--rs-title-40--40:1057.4}

The following acts and the causing thereof are hereby prohibited:

(1) The introduction or delivery for introduction into commerce of any misbranded hazardous aerosol or banned hazardous aerosol.

(2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous aerosol if such act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the aerosol being a misbranded hazardous aerosol or a banned hazardous aerosol.

(3) The receipt in commerce of any misbranded hazardous aerosol or banned hazardous aerosol and the delivery or proffered delivery thereof for pay or otherwise.

(4) The giving of a guarantee or undertaking referred to in R.S. 40:1057.5(B)(b) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous substance.

(5) The use by any person to his own advantage, or revealing other than to the secretary or officers or employees of the department or to the courts when relevant in any judicial proceeding under this Part, of any information acquired concerning any method or process which as a trade secret is entitled to protection.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.5** Penalties {#sec-40-1057.5 omnilex-key=us-la-statutes--rs-title-40--40:1057.5}

A. Any person who violates any of the provisions of R.S. 40:1057.3 or R.S. 40:1057.4, shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than five hundred dollars or to imprisonment for not more than ninety days, or both, but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than three thousand dollars, or both such imprisonment and fine.

B. No person shall be subject to the penalties of Subsection (A) of this Section, (a) for having violated R.S. 40:1057.4(3), if the receipt, delivery, or proffered delivery of the aerosol product was made in good faith, unless he refuses to furnish, on request of an officer or employee duly designated by the secretary, the name and address of the person from whom he purchased or received such hazardous aerosol, and copies of all documents, if any there be, pertaining to the delivery of the hazardous aerosol to him; or (b) for having violated R.S. 40:1057.4(1), if he establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous aerosol, to the effect that the hazardous aerosol is not a misbranded hazardous or a banned hazardous aerosol within the meaning of those terms in this Chapter.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.6** §§1057.6, 1057.7 [Blank] {#sec-40-1057.6 omnilex-key=us-la-statutes--rs-title-40--40:1057.6}

##### **§ 40:1057.8** Hearing before report of criminal violation {#sec-40-1057.8 omnilex-key=us-la-statutes--rs-title-40--40:1057.8}

It shall be the duty of each district attorney, parish attorney, or city attorney to whom the secretary reports any violation of this Chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this Part is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the secretary or his designated agent, either orally or in writing, or by attorney, with regard to such contemplated proceeding.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.9** Regulations {#sec-40-1057.9 omnilex-key=us-la-statutes--rs-title-40--40:1057.9}

The authority to promulgate regulations for the efficient enforcement of this Chapter is hereby vested in the secretary.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.10** §§1057.10, 1057.11 [Blank] {#sec-40-1057.10 omnilex-key=us-la-statutes--rs-title-40--40:1057.10}

##### **§ 40:1057.12** Repealed by Acts 2022, No. 252, §3. {#sec-40-1057.12 omnilex-key=us-la-statutes--rs-title-40--40:1057.12}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1057.13** Repurchase {#sec-40-1057.13 omnilex-key=us-la-statutes--rs-title-40--40:1057.13}

A. In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous aerosol, such article or substance shall, in accordance with regulations of the secretary, be repurchased.

B. For the purposes of this Section, (a) the term "manufacturer" includes an importer for resale, and (b) a dealer who sells at wholesale an aerosol shall with respect to that sale be considered the distributor of that aerosol.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1057.14** Time of taking effect {#sec-40-1057.14 omnilex-key=us-la-statutes--rs-title-40--40:1057.14}

This Chapter becomes effective upon signature by the governor or, if not signed or vetoed by the governor, upon expiration of the time for laws of the 1975 Regular Session of the Legislature to become effective without action by the governor, as provided by Article III, Section 18 of the 1974 Constitution of the State of Louisiana; however, no penalty or order of court shall be enforced for any violation of this Chapter which occurs prior to the expiration of such prescribed period or periods, by the secretary, ending not more than twelve months after July 17, 1975, as the secretary may prescribe on the basis of a finding that conditions exist which necessitate the prescribing of such additional period or periods; provided, that the secretary may limit the application of such additional period or periods to violations related to specified provisions of this Chapter, or to specified kinds of hazardous aerosols or packages thereof.

*Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:1058** Repealed by Acts 2022, No. 252, §3. {#sec-40-1058 omnilex-key=us-la-statutes--rs-title-40--40:1058}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART XIII** SUBSTANCE ABUSE/ADDICTION TREATMENT FACILITIES

##### **§ 40:1058.1** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.1 omnilex-key=us-la-statutes--rs-title-40--40:1058.1}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.1.1** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.1.1 omnilex-key=us-la-statutes--rs-title-40--40:1058.1.1}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.2** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.2 omnilex-key=us-la-statutes--rs-title-40--40:1058.2}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.3** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.3 omnilex-key=us-la-statutes--rs-title-40--40:1058.3}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.4** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.4 omnilex-key=us-la-statutes--rs-title-40--40:1058.4}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.5** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.5 omnilex-key=us-la-statutes--rs-title-40--40:1058.5}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.6** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.6 omnilex-key=us-la-statutes--rs-title-40--40:1058.6}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.7** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.7 omnilex-key=us-la-statutes--rs-title-40--40:1058.7}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.8** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.8 omnilex-key=us-la-statutes--rs-title-40--40:1058.8}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.9** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.9 omnilex-key=us-la-statutes--rs-title-40--40:1058.9}

*Repealed by Acts 2013, No. 308, §2.*

##### **§ 40:1058.10** Repealed by Acts 2013, No. 308, §2. {#sec-40-1058.10 omnilex-key=us-la-statutes--rs-title-40--40:1058.10}

*Repealed by Acts 2013, No. 308, §2.*

#### **PART XIV** SACCHARIN

##### **§ 40:1059** Manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products {#sec-40-1059 omnilex-key=us-la-statutes--rs-title-40--40:1059}

The chemical substances sodium saccharin, ammonium saccharin, calcium saccharin and foods and drinks containing such chemical substances may be manufactured, sold, distributed, possessed, used and consumed within the state of Louisiana under the control of the State Food, Drug, and Cosmetic Law, R.S. 40:601 et seq. The manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products is subject to the provisions of Chapters 1 and 4 of this Title, except for the provisions of the first unnumbered Paragraph of Section 607, the first unnumbered Paragraph of Section 608, the first unnumbered Paragraph of Section 616, the first unnumbered Paragraph of Section 617, and Section 618.

*Added by Acts 1977, No. 467, §1.*

#### **PART XV** DIMETHYL SULFOXIDE (DMSO)

##### **§ 40:1060** Use of dimethyl sulfoxide (DMSO) {#sec-40-1060 omnilex-key=us-la-statutes--rs-title-40--40:1060}

A. No hospital or health facility shall interfere with the physician/patient relationship by restricting or forbidding the use of dimethyl sulfoxide, hereinafter referred to as "DMSO", when prescribed or administered by licensed physicians and requested by a patient unless a formal finding has been made by the state board of health that the substance as prescribed or administered by the physician is harmful. Furthermore, no hospital or health facility shall remove the staff privileges of a physician solely because said physician prescribed or administered DMSO to a patient under the conditions set forth in this Part.

B. No licensed physician in this state shall be subject to disciplinary action by the state board of medical examiners and aseopathic examiners for prescribing or administering DMSO to a patient under his care who has requested the substance unless the state boards have made a formal finding that the substance is harmful.

C. The patient, upon request for the administration of DMSO and after being fully informed as to alternative methods of treatment, shall sign a written statement releasing the physician and, when applicable, the hospital or health facility from any liability from damages which may arise from the use of DMSO.

*Added by Acts 1980, No. 635, §1.*

#### **PART XVI** LEGEND DRUGS

##### **§ 40:1060.11** Definitions {#sec-40-1060.11 omnilex-key=us-la-statutes--rs-title-40--40:1060.11}

For the purpose of this Part:

(1) "Code imprint" means a series of letters or numbers assigned by the manufacturer
or distributor to a specific drug, or marks or monograms unique to the manufacturer,
distributor, or both. The National Drug Code may be used as a code imprint.

(2) "Distributor" means any corporation, person, or entity not engaged in the
manufacture of a legend drug product, who distributes for resale and distribution a legend
drug product under the label of such corporation, person, or entity.

(3) "Legend drug" means any drug or drug product bearing on the label of the
manufacturer or distributor, as required by the Federal Food and Drug Administration, the
statement "Caution: Federal law prohibits dispensing without prescription."

(4) "Solid dosage forms" means capsules or tablets intended for oral administration.

*Added by Acts 1982, No. 872, §1, eff. Jan. 1, 1984; Redesignated from R.S. 40:1237 by HCR 84 of 2015 R.S.*

##### **§ 40:1060.12** Legend drug imprint {#sec-40-1060.12 omnilex-key=us-la-statutes--rs-title-40--40:1060.12}

A. No legend drug in solid dosage form may be manufactured or distributed for sale
in this state unless there is clearly marked or imprinted on the dosage form a code imprint
identifying the drug and the manufacturer or distributor of the drug. The Louisiana
Department of Health, upon application by a manufacturer or distributor, may exempt a
particular drug product from the requirement to be imprinted on the grounds that imprinting
is not feasible because of said drug product's size, texture, or other unique characteristics.

B. On or before January 1, 1984, manufacturers or distributors of legend drugs shall
provide to the Louisiana Department of Health a list of their legend drugs and the description
of the code imprint each bears. The department shall provide for the distribution of the
information required to be submitted under this Part to all poison control centers in the state.
The department shall provide to any licensed health care provider, upon request, lists of
legend drugs and code imprints provided to the department under this Section, but may
charge a reasonable fee to cover copying and postage costs. Manufacturers and distributors
shall provide updated lists to the department annually or as changes or revisions occur.

C. A legend drug that does not meet the above requirements shall be deemed
misbranded.

D. Whoever manufactures or distributes for sale or otherwise provides to any other
person for dispensing any legend drug in solid dosage form that fails to comply with this
Section shall be fined twenty-five thousand dollars, or imprisoned for five years, or both.

E. The provisions of Subsections A, B, C, and D of this Section shall not apply to
any of the following:

(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
January 1, 1984, and held in stock for resale.

(2) Drugs which are manufactured by or upon the order of a practitioner licensed by
law to prescribe or administer drugs and which are to be used solely by the patient for whom
prescribed.

*Added by Acts 1982, No. 872, §1, eff. Jan. 1, 1984; Redesignated from R.S. 40:1238 by HCR 84 of 2015 R.S.*

##### **§ 40:1060.13** Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties {#sec-40-1060.13 omnilex-key=us-la-statutes--rs-title-40--40:1060.13}

A. It shall be unlawful for any person to sell, deliver, or possess any legend drug
except upon the order or prescription of a physician or licensed health care practitioner as
defined in R.S. 40:961. This Section shall not apply to sale, delivery, or possession by drug
wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting
within the scope of his license, or to a common or contract carrier or warehouseman, or any
employee thereof, whose possession of any legend drug is in the usual course of business or
employment.

B. Any person who violates the provisions of this Section shall be fined not more
than five hundred dollars, imprisoned for not more than six months, or both.

*Acts 2006, No. 565, §1; Acts 2007, No. 287, §1; Acts 2010, No. 360, §1; Redesignated from R.S. 40:1238.1 by HCR 84 of 2015 R.S; Acts 2018, No. 203, §1.*

##### **§ 40:1060.14** Prescription requirements; penalties {#sec-40-1060.14 omnilex-key=us-la-statutes--rs-title-40--40:1060.14}

A. A prescription, in order to be effective in legalizing the possession of legend
drugs, shall be issued for a legitimate medical purpose by one authorized to prescribe the use
of such legend drugs. An order purporting to be a prescription issued to a drug abuser or
habitual user of legend drugs, not in the course of professional treatment, is not a prescription
within the meaning and intent of this Section. Any person who knows or should know that
he or she is filling such a prescription or order to a drug abuser or habitual user of legend
drugs, as well as the person issuing the prescription, may be charged with a violation of this
Section. A legitimate medical purpose shall include use of the drug in the course of a bona
fide research program in conjunction with a hospital or university.

B. Any person who violates the provisions of this Section shall be imprisoned, with
or without hard labor, for not more than five years and may be sentenced to pay a fine of not
more than five thousand dollars.

*Acts 2006, No. 565, §1; Redesignated from R.S. 40:1238.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1060.15** Obtaining legend drugs by misrepresentation or fraud; penalties {#sec-40-1060.15 omnilex-key=us-la-statutes--rs-title-40--40:1060.15}

A. It shall be unlawful for any person knowingly or intentionally to acquire or obtain
possession of a legend drug by misrepresentation, fraud, forgery, deception or subterfuge.

B. Any person who violates the provisions of this Section shall be fined not more
than five hundred dollars, imprisoned for not more than six months, or both.

*Acts 2006, No. 565, §1; Redesignated from R.S. 40:1238.3 by HCR 84 of 2015 R.S.; Acts 2018, No. 203, §1.*

##### **§ 40:1060.16** Prescriptions; electronic questionnaires {#sec-40-1060.16 omnilex-key=us-la-statutes--rs-title-40--40:1060.16}

A. As used in this Section, the following terms shall have the following meanings
unless the context clearly indicates otherwise:

(1) "Electronic questionnaire" means a computer-assisted system for collecting a
person's health care data.

(2) "Valid physician-patient relationship" means a medical relationship that exists
when the practitioner has conducted at least one medical evaluation with a person in the
physical presence of the practitioner, without regard to whether portions of the evaluation are
conducted by other practitioners.

B. A prescription issued solely upon the results of answers to an electronic
questionnaire, in the absence of a documented patient evaluation including a physical
examination, shall be considered issued outside the context of a valid physician-patient
relationship and shall not be a valid prescription.

C. If a pharmacist knowingly dispenses a prescription authorized solely on the result
of an electronic questionnaire, he shall be in violation of this Section.

D. A pharmacist who knows that a prescription has been authorized in the absence
of a valid physician-patient relationship, or otherwise in violation of the prescriber's standard
of practice, shall not fill such prescription.

E. A pharmacist who dispenses prescription drugs in violation of this Section is not
acting in the best interest of the patient and is dispensing outside the course of the
professional practice of pharmacy.

F. A pharmacist who violates the provisions of this Section shall be imprisoned, with
or without hard labor, for not more than five years and may be sentenced to pay a fine of not
more than five thousand dollars.

*Acts 2007, No. 318, §1; Redesignated from R.S. 40:1238.4 by HCR 84 of 2015 R.S.*

#### **PART XVII** ANABOLIC STEROID

##### **§ 40:1060.21** Uses authorized; regulation; penalties {#sec-40-1060.21 omnilex-key=us-la-statutes--rs-title-40--40:1060.21}

A. The provisions of this Section and of the Uniform Controlled Dangerous
Substances Law do not apply to anabolic steroids that are expressly intended for
administration to livestock or other nonhuman species, that are approved by the federal Food
and Drug Administration for such use.

B. "Anabolic steroid" as used herein means any anabolic steroid or synthetic
derivative of testosterone, including but not limited to the following:

(1) Bodenone.

(2) Chlorotestosterone.

(3) Clostebol.

(4) Chorionic gonadotropin.

(5) Dehydrochlormethyltestosterone.

(6) Dihydrotestosterone.

(7) Drostanolone.

(8) Ethylestrenol.

(9) Fluoxymesterone.

(10) Mesterolone.

(11) Methandienone.

(12) Methandranone.

(13) Methandriol.

(14) Methandrostenolone.

(15) Methyltestosterone.

(16) Mibolerone.

(17) Nandrolone.

(18) Norethandrolone.

(19) Oxandrolone.

(20) Oxymesterone.

(21) Oxymetholone.

(22) Stanolone.

(23) Stanozolol.

(24) Testolactone.

(25) Testosterone.

(26) Trenbolone.

C.(1) A physician, dentist, or veterinarian shall not prescribe, dispense, deliver, or
administer an anabolic steroid for human use or cause an anabolic steroid to be administered
under his direction or supervision for human use except for a valid medical purpose and
when required by demonstrable generally accepted medical indications. Bodybuilding,
muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic
steroid by a person who is in good health is not a valid medical purpose.

(2) Whoever violates the provisions of this Subsection shall be subject to suspension
or revocation of his license to practice medicine, dentistry, or veterinary medicine by his
governing board.

(3) Whoever violates the provisions of this Subsection shall also be fined not more
than five thousand dollars or imprisoned with or without hard labor for not more than five
years, or both.

*Acts 1988, No. 362, §1; Acts 1989, No. 345, §1; Acts 1989, No. 704, §1; Acts 1990, No. 542, §1; Acts 1991 1st E.S., No. 2, §1; Redesignated from R.S. 40:1239 by HCR 84 of 2015 R.S.*

### **CHAPTER 5** HEALTH PROVISIONS: ABORTION

##### **§ 40:1061** Abortion; prohibition {#sec-40-1061 omnilex-key=us-la-statutes--rs-title-40--40:1061}

A. The provisions of this Act shall become effective immediately upon, and to the
extent permitted by, the occurrence of any of the following circumstances:

(1) Any decision of the Supreme Court of the United States which overrules, in
whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), thereby
restoring to the state of Louisiana the authority to prohibit or limit abortion.

(2) Adoption of an amendment to the United States Constitution which, in whole or
in part, restores to the state of Louisiana the authority to prohibit or limit abortion.

(3) A decision of the Supreme Court of the United States in the case of Dobbs v.
Jackson Women's Health Organization, Docket No. 19-1392, which overrules, in whole or
in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), thereby restoring
to the state of Louisiana the authority to prohibit or limit abortion.

B. The provisions of this Act shall be effective relative to the appropriation of
Medicaid funds, to the extent consistent with any executive order by the President of the
United States, federal statute, appropriation rider, or federal regulation that sets forth the
limited circumstances in which states must fund abortion to remain eligible to receive federal
Medicaid funds pursuant to 42 U.S.C. 1396 et. seq.

C. No person may knowingly administer to, prescribe for, or procure for, or sell to
any pregnant woman any medicine, drug, or other substance with the specific intent of
causing or abetting the termination of the life of an unborn human being. No person may
knowingly use or employ any instrument or procedure upon a pregnant woman with the
specific intent of causing or abetting the termination of the life of an unborn human being.

D. Any person in violation of this Section shall be prosecuted pursuant to the
effective provisions of R.S. 14:87.7, and shall be subject to the penalties provided in R.S.
40:1061.29.

E. Nothing in this Section may be construed to prohibit the sale, use, prescription,
or administration of a contraceptive measure, drug or chemical, if it is administered prior to
the time when a pregnancy could be determined through conventional medical testing and
if the contraceptive measure is sold, used, prescribed, or administered in accordance with
manufacturer instructions.

F. It shall not be a violation of Subsection C of this Section for a licensed physician
to perform a medical procedure necessary in reasonable medical judgment to prevent the
death or substantial risk of death due to a physical condition, or to prevent the serious,
permanent impairment of a life-sustaining organ of a pregnant woman. However, the
physician shall make reasonable medical efforts under the circumstances to preserve both the
life of the mother and the life of her unborn child in a manner consistent with reasonable
medical practice.

G. Medical treatment provided to the mother by a licensed physician which results
in the accidental or unintentional injury or death to the unborn child is not a violation of
Subsection C of this Section.

H. Nothing in this Section may be construed to subject the pregnant mother upon
whom any abortion is performed or attempted to any criminal conviction and penalty.

I. The terms as used in this Section have the same meaning as the definitions
provided in R.S. 14:87.1.

J. This Section shall be known, and may be cited, as the Human Life Protection Act.

Acts 2006, No. 467, §1; Redesignated from R.S. 40:1299.30 by HCR 84 of 2015
R.S.; Acts 2018, No. 468, §2, eff. May 23, 2018; Acts 2022, No. 545, §3; Acts 2022, No.
548, §2.

NOTE: Former R.S. 40:1061 redesignated to R.S. 40:1121.1 by HCR 84 of 2015
R.S.

##### **§ 40:1061.1** Legislative intent; construction of abortion provisions law regulating abortion {#sec-40-1061.1 omnilex-key=us-la-statutes--rs-title-40--40:1061.1}

A.(1) It is the intention of the Legislature of Louisiana to regulate, prohibit, or
restrict abortion to the fullest extent permitted by the decisions of the Supreme Court of the
United States. The legislature does solemnly declare, find, and reaffirm the longstanding
public policy of this state that every unborn child is a human being from the moment of
conception and is, therefore, a legal person for purposes under the laws of this state and
Constitution of Louisiana.

(2) The legislature further finds and declares that the longstanding policy of this state
to protect the right to life of every unborn child from conception by prohibiting abortion is
impermissible only because of the decisions of the Supreme Court of the United States and
that, therefore, if those decisions of the Supreme Court of the United States are ever reversed
or modified or the United States Constitution is amended to allow protection of the unborn
then the public policy of this state to prohibit abortions shall be enforced.

B.(1) The provisions of this Chapter that regulate the practice of abortion shall not
be construed to repeal any other provision of law that restricts or prohibits abortion.

(2) The provisions of this Chapter that regulate the practice of abortion are enacted
to provide for the health, safety, and welfare of women in outpatient abortion facilities until
such time and to the extent that the state of Louisiana no longer regulates outpatient abortion
facilities.

C. The provisions of this Chapter that regulate the practice of abortion are subject
to R.S. 40:2175.10.

Added by Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S.
40:1299.35.0 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 6B; Redesignated from
R.S. 40:1061.8.

NOTE: Former R.S. 40:1061.1 redesignated as R.S. 40:1061.1.2 by Acts 2022, No.
545, §6C.

##### **§ 40:1061.1.1** Definitions {#sec-40-1061.1.1 omnilex-key=us-la-statutes--rs-title-40--40:1061.1.1}

Wherever used in this Chapter, unless a different meaning clearly appears in the
context, the terms, whether singular or plural, have the same meaning as the definitions
provided in R.S. 14:87.1.

(1) Repealed by Acts 2022, No. 545, §4.

(2) Repealed by Acts 2022, No. 545, §4.

(3) Repealed by Acts 2022, No. 545, §4.

(4) Repealed by Acts 2022, No. 545, §4.

(5) Repealed by Acts 2022, No. 545, §4.

(6) Repealed by Acts 2022, No. 545, §4.

(7) Repealed by Acts 2022, No. 545, §4.

(8) Repealed by Acts 2022, No. 545, §4.

(9) Repealed by Acts 2022, No. 545, §4.

(10) Repealed by Acts 2022, No. 545, §4.

(11) Repealed by Acts 2022, No. 545, §4.

Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23,
1981; Acts 1997, No. 906, §3, eff. July 10, 1997; Acts 1999, No. 1232, §1, eff. July 9, 1999;
Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2011, No. 411, §1; Acts 2013, No. 259,
§1, eff. June 10, 2013; Redesignated from R.S. 40:1299.35.1 by HCR 84 of 2015 R.S.; Acts
2022, No. 545, §§3, 4, 6B; Redesignated from R.S. 40:1061.9.

NOTE: Former R.S. 40:1061.1.1 redesignated as R.S. 40:1061.1.3 by Acts 2022, No.
545, §6C.

##### **§ 40:1061.1.2** Pain-Capable Unborn Child Protection Act {#sec-40-1061.1.2 omnilex-key=us-la-statutes--rs-title-40--40:1061.1.2}

A. This Section may be cited as the "Pain-Capable Unborn Child Protection Act".

B. Legislative intent. (1) The legislature makes the following findings:

(a) Pain receptors (nociceptors) are present throughout the unborn child's entire body
and nerves link these receptors to the brain's thalamus and subcortical plate by no later than
twenty weeks.

(b) By eight weeks after fertilization, the unborn child reacts to touch. After twenty
weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an
adult human, for example, by recoiling.

(c) In the unborn child, application of such painful stimuli is associated with
significant increases in stress hormones known as the stress response.

(d) Subjection to such painful stimuli is associated with long-term harmful
neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional,
behavioral, and learning disabilities later in life.

(e) For the purposes of surgery on unborn children, fetal anesthesia is routinely
administered and is associated with a decrease in stress hormones compared to their level
when painful stimuli are applied without such anesthesia.

(f) The position, asserted by some medical experts, that the unborn child is incapable
of experiencing pain until a point later in pregnancy than twenty weeks after fertilization
predominately rests on the assumption that the ability to experience pain depends on the
cerebral cortex and requires nerve connections between the thalamus and the cortex.
However, recent medical research and analysis, especially since 2007, provides strong
evidence for the conclusion that a functioning cortex is not necessary to experience pain.

(g) Substantial evidence indicates that children born missing the bulk of the cerebral
cortex, those with hydranencephaly, nevertheless experience pain.

(h) In adults, stimulation or ablation of the cerebral cortex does not alter pain
perception, while stimulation or ablation of the thalamus does.

(i) Substantial evidence indicates that structures used for pain processing in early
development differ from those of adults, using different neural elements available at specific
times during development, such as the subcortical plate, to fulfill the role of pain processing.

(j) The position, asserted by some medical experts, that the unborn child remains in
a coma-like sleep state that precludes the unborn child's experiencing pain is inconsistent
with the documented reaction of unborn children to painful stimuli and with the experience
of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to
prevent the unborn child from thrashing about in reaction to invasive surgery.

(k) Consequently, there is substantial medical evidence that an unborn child is
capable of experiencing pain by twenty weeks after fertilization.

(2)(a) It is the purpose of the state to assert a compelling state interest in protecting
the lives of unborn children from the stage at which substantial medical evidence indicates
that they are capable of feeling pain.

(b) Louisiana's compelling state interest in protecting the lives of unborn children
from the stage at which substantial medical evidence indicates that they are capable of
feeling pain is intended to be separate from and independent of Louisiana's compelling state
interest in protecting the lives of unborn children from the stage of viability, and neither state
interest is intended to replace the other.

(3) Mindful of *Leavitt v. Jane L.* , 518 U.S. 137 (1996), in which in the context of
determining the severability of a state statute regulating abortion the United States Supreme
Court noted that an explicit statement of legislative intent specifically made applicable to a
particular statute is of greater weight than a general savings or severability clause, it is the
intent of the state that if any one or more provisions, sections, subsections, sentences,
clauses, phrases or words of this Section or the application thereof to any person or
circumstance is found to be unconstitutional, the same is hereby declared to be severable and
the balance of this Section shall remain effective notwithstanding such unconstitutionality.
Moreover, the state declares that it would have passed this Section, and each provision,
section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any
one or more provisions, sections, subsections, sentences, clauses, phrases or words, or any
of their applications, were to be declared unconstitutional.

C. Definitions. For purposes of this Section, the following terms shall have the
following meanings unless the context clearly indicates otherwise:

(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or
any other substance or device to terminate the pregnancy of a woman known to be pregnant
with an intention other than to increase the probability of a live birth, to preserve the life or
health of the child after live birth, or to remove a dead unborn child who died as the result
of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman
or her unborn child, and which causes the premature termination of the pregnancy.

(2) "Attempt to perform or induce an abortion" means an act, or an omission of a
statutorily required act, that, under the circumstances as the actor believes them to be,
constitutes a substantial step in a course of conduct planned to culminate in the performance
or induction of an abortion in this state in violation of this Section.

(3) "Department" means Louisiana Department of Health.

(4) "Fertilization" means the fusion of a human spermatozoon with a human ovum.

(5) "Medical emergency" means a condition that, in reasonable medical judgment,
so complicates the medical condition of the pregnant woman that it necessitates the
immediate abortion of her pregnancy without first determining postfertilization age to avert
her death or for which the delay necessary to determine postfertilization age will create
serious risk of substantial and irreversible physical impairment of a major bodily function,
not including psychological or emotional conditions. No condition shall be deemed a
medical emergency if based on a claim or diagnosis that the woman will engage in conduct
which she intends to result in her death or in substantial and irreversible physical impairment
of a major bodily function.

(6) "Medically futile" means that, in reasonable medical judgment, the unborn child
has a profound and irremediable congenital or chromosomal anomaly that is incompatible
with sustaining life after birth.

(7) "Physician" means any person licensed to practice medicine and surgery or
osteopathic medicine and surgery in the state of Louisiana.

(8) "Postfertilization age" means the age of the unborn child as calculated from the
fusion of a human spermatozoon with a human ovum.

(9) "Probable postfertilization age of the unborn child" means what, in reasonable
medical judgment, will with reasonable probability be the postfertilization age of the unborn
child at the time the abortion is planned to be performed or induced.

(10) "Reasonable medical judgment" means a medical judgment that would be made
by a reasonably prudent physician, knowledgeable about the case and the treatment
possibilities with respect to the medical conditions involved.

(11) "Unborn child" or "fetus" each mean an individual organism of the species
homo sapiens from fertilization until live birth.

(12) "Woman" means a female human being whether or not she has reached the age
of majority.

D. Determination of post fertilization age.

(1) Except in the case of a medical emergency or when a pregnancy is diagnosed as
medically futile, no abortion shall be performed or induced or be attempted to be performed
or induced unless the physician performing or inducing it has first made a determination of
the probable post fertilization age of the unborn child or relied upon such a determination
made by another physician. In making such a determination, the physician shall make such
inquiries of the woman and perform or cause to be performed such medical examinations and
tests as a reasonably prudent physician, knowledgeable about the case and the medical
conditions involved, would consider necessary to perform in making an accurate diagnosis
with respect to post fertilization age.

(2) Failure by any physician to conform to any requirement of this Section constitutes
"unprofessional conduct" pursuant to R.S. 37:1261.

E. Abortion of unborn child of twenty or more weeks post fertilization age
prohibited.

(1) No person shall perform or induce or attempt to perform or induce an abortion
upon a woman when it has been determined, by the physician performing or inducing or
attempting to perform or induce the abortion or by another physician upon whose
determination that physician relies, that the probable post fertilization age of the woman's
unborn child is twenty or more weeks, unless the pregnancy is diagnosed as medically futile
or, in reasonable medical judgment, she has a condition which so complicates her medical
condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious
risk of substantial and irreversible physical impairment of a major bodily function, not
including psychological or emotional conditions.

(2) When an abortion upon a woman whose unborn child has been determined to
have a probable post fertilization age of twenty or more weeks is not prohibited by Paragraph
(1) of this Subsection, the physician shall terminate the pregnancy in the manner which, in
reasonable medical judgment, provides the best opportunity for the unborn child to survive,
unless, in reasonable medical judgment, termination of the pregnancy in that manner would
pose a greater risk either of the death of the pregnant woman or of the substantial and
irreversible physical impairment of a major bodily function, not including psychological or
emotional conditions, of the woman than would other available methods.

F. Penalties. Any person who intentionally or knowingly fails to comply with the
requirements of this Section shall be subject to the penalties as provided for in R.S.
40:1061.29.

G. Construction. This Section shall not be construed to repeal, by implication or
otherwise, R.S. 40:1061.10 or any otherwise applicable provision of Louisiana law regulating
or restricting abortion. An abortion that complies with this Section, but violates the
provisions of R.S. 40:1061.10 or any otherwise applicable provision of Louisiana law, shall
be deemed unlawful as provided in such provision. An abortion that complies with the
provisions of R.S. 40:1061.10 or any otherwise applicable provision of Louisiana law
regulating or restricting abortion, but violates this Section, shall be deemed unlawful as
provided in this Section. If some or all of the provisions of this Section are temporarily or
permanently restrained or enjoined by judicial order, all other provisions of Louisiana law
regulating or restricting abortion shall be enforced as though such restrained or enjoined
provisions had not been adopted; provided, however, that whenever such temporary or
permanent restraining order or injunction is stayed or dissolved, or otherwise ceases to have
effect, such provisions shall have full force and effect.

H. The provisions of R.S. 40:1061.1 shall apply to this Section.

Acts 2012, No. 738, §1; Redesignated from R.S. 40:1299.30.1 by HCR 84 of 2015
R.S.; Acts 2022, No. 545, §§3, 6C; Redesignated from R.S. 40:1061.1.

NOTE: Former R.S. 40:1061.1.2 redesignated as R.S. 40:1061.1.4 by Acts 2022, No.
545, §6C.

##### **§ 40:1061.1.3** Louisiana Unborn Child Protection from Dismemberment Abortion Act {#sec-40-1061.1.3 omnilex-key=us-la-statutes--rs-title-40--40:1061.1.3}

A. This Section shall be known and may be cited as the "Louisiana Unborn Child
Protection from Dismemberment Abortion Act".

B. Repealed by Acts 2022, No. 545, §4.

C.(1) Notwithstanding any other provision of law, it shall be unlawful for any person
to intentionally perform or attempt to perform a dismemberment abortion and thereby kill
an unborn child unless necessary to prevent serious health risk to the unborn child's mother.

(2) No woman upon whom an abortion is performed or attempted to be performed
shall be thereby liable for performing or attempting to perform a dismemberment abortion.
No nurse, technician, secretary, receptionist, or other employee or agent who is not a
physician but who acts at the direction of a physician, and no pharmacist or other individual
who is not a physician but who fills a prescription or provides instruments or materials used
in an abortion at the direction of or to a physician shall be thereby liable for performing or
attempting to perform a dismemberment abortion.

D. Whoever violates the provisions of this Section shall be fined not more than one
thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or
both. In addition to whatever remedies are otherwise available under the laws of this state,
failure to comply with the provisions of this Section shall provide all of the following:

(1) A basis for a cause of action for civil damages for injuries and wrongful death
as more fully set forth in Civil Code Articles 2315.1 and 2315.2, whether or not the unborn
child was viable at the time the abortion was performed, or was born alive, except that such
causes of action shall be maintained only by the following persons:

(a) The natural or biological father of the aborted infant or fetus, unless such father's
criminal conduct caused the pregnancy.

(b) The mother of the aborted infant or fetus, subject to the provisions of Subsection
F of this Section.

(c) The parents or guardian on behalf of the mother of the aborted infant or fetus if
the mother was a minor at the time of the abortion, unless the parents or guardian consented
to the dismemberment abortion.

(2) A basis for professional disciplinary action under R.S. 37:1261 et seq.

E.(1) A physician charged with an offense pursuant to this Section may seek a
hearing before the Louisiana State Board of Medical Examiners on whether the physician's
conduct was necessary to save the life of the mother whose life was endangered by a physical
disorder, physical illness, or physical injury, including a life-endangering physical condition
caused by or arising from the pregnancy itself.

(2) The findings concerning the issue provided for in Paragraph (1) of this
Subsection are admissible on that issue at the trial of the physician. Upon motion of the
physician, the court shall delay the beginning of the trial for not more than thirty days to
permit such hearing to take place; however, this delay may be extended for good cause.

F. When requested, the court shall allow a woman to proceed using solely her initials
or a pseudonym and may close any proceedings in the case and enter other protective orders
to preserve the privacy of the woman upon whom the abortion was performed.

G. Any person who is not a physician or not otherwise legally authorized by the state
to perform abortions, but who nevertheless directly performs a dismemberment abortion,
shall be subject to the provisions of this Section.

H. Nothing in this Section shall be construed as creating or recognizing a right to
abortion, or a right to a particular method of abortion.

I. The provisions of R.S. 40:1061.1 shall apply to this Section.

Acts 2016, No. 264, §1; Acts 2022, No. 545, §§3, 4, 6C; Redesignated from R.S.
40:1061.1.1.

NOTE: Former R.S. 40:1061.1.3 redesignated as R.S. 40:1061.1.5 by Acts 2022, No.
545, §6C.

##### **§ 40:1061.1.4** Abortion based on genetic abnormality; prohibition {#sec-40-1061.1.4 omnilex-key=us-la-statutes--rs-title-40--40:1061.1.4}

A. Repealed by Acts 2022, No. 545, §4.

B. Notwithstanding any other provision of law, it shall be unlawful for any person
to intentionally perform or attempt to perform an abortion of an unborn child of twenty or
more weeks post fertilization age, as provided for in R.S. 40:1061.1.2, with knowledge that
the pregnant woman is seeking the abortion solely because the unborn child has been
diagnosed with either a genetic abnormality or a potential for a genetic abnormality.

C.(1) It shall be unlawful for a person to intentionally perform or attempt to perform
an abortion of an unborn child of less than twenty weeks post fertilization age without first
providing the pregnant woman with an informational document including resources,
programs, and services for pregnant women who have a diagnosis of fetal genetic
abnormality and resources, programs, and services for infants and children born with
disabilities. The informational document provided for in this Subsection shall be given to
the pregnant woman at the same time as the requirements in R.S. 40:1061.17(B).

(2) The Louisiana Department of Health shall develop an informational document
to comply with the mandate established in this Section to include resources, programs, and
services for pregnant women who have a diagnosis of fetal genetic abnormality and
resources, programs, and services for infants and children born with disabilities and shall
make such information available to any requesting provider of women's health care services
and shall maintain the information on a link on the department's website.

(3) No person shall be found in violation of this Subsection, and no penalty for a
violation of this Subsection shall be assessed, in any instance in which the informational
document required by this Subsection is not available for use.

D. Whoever violates the provisions of this Section shall be subject to the penalties
provided in R.S. 40:1061.29.

E. The provisions of this Section shall not apply whenever the abortion is necessary
to save the life of the mother.

*Acts 2016, No. 563, §1, eff. June 17, 2016; Acts 2018, No. 77, §1, eff. May 10, 2018; Acts 2022, No. 545, §4; Redesignated from R.S. 40:1061.1.2.*

##### **§ 40:1061.1.5** Abortion prohibited; detectable fetal heartbeat; ultrasound required {#sec-40-1061.1.5 omnilex-key=us-la-statutes--rs-title-40--40:1061.1.5}

*A.(1)(a) Prior to any abortion being performed, there shall first be performed an ultrasound, in accordance with the standards set forth in R.S. 40:1061.10(D), in order to determine whether or not a fetal heartbeat is present, and the results of the ultrasound shall be included in the pregnant woman's medical records.*

*(b) Except as provided in Paragraph (2), (3), or (4) of this Subsection, it shall be unlawful for any person to knowingly perform an abortion with the specific intent of causing or abetting the termination of the life of an unborn human being when a fetal heartbeat has been detected. Any person who acts based on the exceptions provided in Paragraph (2), (3), or (4) of this Subsection shall so note in the pregnant woman's medical records and shall specify in the pregnant woman's medical records which of the exceptions the person performing the abortion has invoked.*

*(2)(a) A person shall not be in violation of Paragraph (1) of this Subsection if the person performs a medical procedure designed to or intended, in that person's reasonable medical judgment, to prevent the death of a pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.*

*(b)(i) A person who performs a medical procedure as described in Subparagraph (a) of this Paragraph shall declare in writing, under penalty of perjury, that the medical procedure was necessary, to the best of that person's reasonable medical judgment, to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. The person shall also provide in that written statement the specific medical condition of the pregnant woman that the medical procedure was performed to address, and the medical rationale for the conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.*

*(ii) The person who performs a medical procedure as described in Subparagraph (a) of this Paragraph shall place the written documentation required by this Subparagraph in the pregnant woman's medical records, and shall maintain a copy of the written documentation for not less than seven years.*

*(3) A person shall not be in violation of Paragraph (1) of this Subsection if the person has performed an examination for the presence of a fetal heartbeat in the unborn human individual using standard medical practice and that examination does not reveal a fetal heartbeat, or the person has been informed by a physician who has performed the examination for a fetal heartbeat that the examination did not reveal a fetal heartbeat.*

*(4) For purposes of this Section, "abortion" shall not include an abortion performed when the pregnancy is diagnosed as medically futile.*

B. Repealed by Acts 2022, No. 545, §4.

C. Whoever violates this Section shall be prosecuted pursuant to the effective
provisions of R.S. 14:87.7 and shall be subject to the penalties provided in R.S. 40:1061.29.

*D. In addition to any other grounds provided by law, it shall be grounds for the nonissuance, suspension, revocation, or restriction of a license, or the denial of reinstatement or renewal of a license, issued by the Louisiana State Board of Medical Examiners, that the applicant or licensee has performed an abortion in violation of this Section.*

*E. This Section shall not be construed to repeal any other provision of law that restricts or regulates the performance of an abortion by a particular method or during a particular stage of a pregnancy.*

*F. The provisions of this Section are hereby repealed in favor of the provisions of R.S. 40:1061 immediately upon and to the extent that either:*

*(1) A decision of the United States Supreme Court upholds the authority of each of the several states of the United States or of the state of Louisiana to prohibit elective abortions.*

*(2) An amendment to the Constitution of the United States of America is adopted that restores to each of the several states of the United States or to the state of Louisiana the authority to prohibit elective abortions.*

*Acts 2019, No. 31, §1, special eff. date; Acts 2022, No. 545, §§3, 4; Redesignated from R.S. 40:1061.1.3.*

##### **§ 40:1061.2** Discrimination against certain persons; prohibition {#sec-40-1061.2 omnilex-key=us-la-statutes--rs-title-40--40:1061.2}

A. No physician, nurse, student or other person or corporation shall be held civilly
or criminally liable, discriminated against, dismissed, demoted, or in any way prejudiced or
damaged because of his refusal for any reason to recommend, counsel, perform, assist with
or accommodate an abortion.

B. No worker or employee in any social service agency, whether public or private,
shall be held civilly or criminally liable, discriminated against, dismissed, demoted, in any
way prejudiced or damaged, or pressured in any way for refusal to take part in, recommend
or counsel an abortion for any woman.

*Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.31 by HCR 84 of 2015 R.S.*

##### **§ 40:1061.3** Discrimination against hospitals, clinics, etc.; prohibition {#sec-40-1061.3 omnilex-key=us-la-statutes--rs-title-40--40:1061.3}

No hospital, clinic or other facility or institution of any kind shall be held civilly or
criminally liable, discriminated against, or in any way prejudiced or damaged because of any
refusal to permit or accommodate the performance of any abortion in said facility or under
its auspices.

*Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.32 by HCR 84 of 2015 R.S.*

##### **§ 40:1061.4** Governmental assistance; discrimination for refusal to participate in an abortion; prohibition {#sec-40-1061.4 omnilex-key=us-la-statutes--rs-title-40--40:1061.4}

A. The term governmental assistance as used in this Section shall include federal,
state and local grants, loans and all other forms of financial and other aid from any level of
government or from any governmental agency.

B. No woman shall be denied governmental assistance or be otherwise discriminated
against or pressured in any way for refusing to accept or submit to an abortion, which she
may do for any reason and without explanation.

C. No hospital, clinic, or other medical or health facility, whether public or private,
shall ever be denied governmental assistance or be otherwise discriminated against or
otherwise be pressured in any way for refusing to permit its facilities, staff or employees to
be used in any way for the purpose of performing any abortion.

D. No abortion shall be performed on any woman unless prior to the abortion she
shall have been advised, orally and in writing, that she is not required to submit to the
abortion and that she may refuse any abortion for any reason and without explanation and
that she shall not be deprived of any governmental assistance or any other kind of benefits
for refusing to submit to an abortion. This provision shall be of full force and effect
notwithstanding the fact that the woman in question is a minor, in which event said minor's
parents, or if a minor emancipated by marriage, the minor's husband, shall also be fully
advised of their right to refuse an abortion for the minor in the same manner as the minor is
advised. Compliance with this provision shall be evidenced by the written consent of the
woman that she submits to the abortion voluntarily and of her own free will, and by written
consent of her parents, if she is an unmarried minor, and by consent of her husband if she is
a minor emancipated by marriage, such written consent to set forth the written advice given
and the written consent and acknowledgment that a full explanation of the abortion procedure
to be performed has been given and is understood.

*Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.33 by HCR 84 of 2015 R.S.*

##### **§ 40:1061.5** Employees of state and political subdivisions; counseling abortion prohibited {#sec-40-1061.5 omnilex-key=us-la-statutes--rs-title-40--40:1061.5}

No person employed by the state of Louisiana, by contract or otherwise, or any
subdivision or agency thereof, and no person employed in any public or private social service
agency, by contract or otherwise, including workers therein, which is a recipient of any form
of governmental assistance, shall require or recommend that any woman have an abortion.
Notwithstanding anything contained herein to the contrary, this Section shall not apply to a
doctor of medicine, currently licensed by the Louisiana State Board of Medical Examiners
pursuant to R.S. 37:1261 et seq., who is acting to save or preserve the life of the pregnant
woman.

*Added by Acts 1973, No. 72, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.34 by HCR 84 of 2015 R.S.*

##### **§ 40:1061.6** Use of public funds {#sec-40-1061.6 omnilex-key=us-la-statutes--rs-title-40--40:1061.6}

A.(1) Notwithstanding any other provision of law to the contrary, no public funds,
made available to any institution, board, commission, department, agency, official, or
employee of the state of Louisiana, or of any local political subdivision thereof, whether such
funds are made available by the government of the United States, the state of Louisiana, or
of a local governmental subdivision, or from any other public source shall be used in any way
for, to assist in, or to provide facilities for an abortion, except when the abortion is medically
necessary to prevent the death of the mother.

NOTE: Paragraph (A)(2) eff. until conditions per Acts 2018, No. 498.

(2) No institution, board, commission, department, agency, official, or employee of
the state, or of any local political subdivision thereof, shall contract with, award any grant
to, or otherwise bestow any funding upon, an entity or organization that performs abortions,
or that contracts with an entity or organization that performs abortions, in this state, as more
specifically provided in Chapter 1-A of Title 36 of the Louisiana Revised Statutes of 1950.

NOTE: Paragraph (A)(2) eff. upon conditions per Acts 2018, No. 498.

*(2)(a) As more specifically provided in R.S. 49:200.51, the Louisiana Department of Health shall not enter into any provider agreement for medical assistance program funding, as defined in R.S. 46:437.3, with any healthcare provider, entity, or organization that does any of the following:*

*(i) Performs abortions in this state.*

*(ii) Provides its own facilities where reimbursable medical assistance program services are performed for the use of another healthcare provider, entity, or organization for the purpose of performing abortions in this state.*

*(iii) Hires or retains another healthcare provider, entity, or organization for the purpose of performing abortions in this state.*

*(iv) Provides reimbursable medical assistance program services in the same physical facility as a licensed outpatient abortion facility.*

*(b)(i) The prohibitions provided in this Subsection shall apply to state funds, federal funds, and any other public funds administered by the Louisiana Department of Health through a medical assistance program provider agreement, but shall not be construed to prohibit provision of public protections, such as fire, police, or emergency medical services, public utilities, or other such services to any entity or organization in the same manner as provided to the general public.*

*(ii) For purposes of this Subparagraph, "medical assistance program" and "provider agreement" shall have the meaning ascribed in R.S. 46:437.3.*

B. Notwithstanding any other provision of law to the contrary, no public funds made
available to any institution, board, commission, department, agency, official, or employee
of the state of Louisiana, or of any local political subdivision thereof, whether such funds are
made available by the government of the United States, the state of Louisiana, or a local
governmental subdivision, or from any other public source, shall be used in any way for, to
assist in, or to provide facilities for an abortion, except for any of the following:

(1) Whenever the abortion is necessary to save the life of the mother.

(2) Whenever the abortion is being sought to terminate a pregnancy resulting from
an alleged act of rape and all of the requirements of R.S. 40:1061.18(A) are met.

(3) Whenever the abortion is being sought to terminate a pregnancy resulting from
an alleged act of crime against nature as defined by R.S. 14:89(A)(2) and all of the
requirements of R.S. 40:1061.18(B) are met.

C. The secretary of the Louisiana Department of Health shall promulgate rules to
ensure that no funding of any abortion shall be made based upon a claim of rape or crime
against nature as defined by R.S. 14:89(A)(2) until the applicable requirements of R.S.
40:1061.18 have been complied with and written verification has been obtained from the
physician performing the abortion and from the law enforcement official to whom the report
is made, if applicable.

D. Subsection A of this Section shall be superseded and Subsections B and C and
R.S. 40:1061.18 shall become effective only when the circumstances in Subparagraph (1)(a)
or in Subparagraph (2)(a) occur:

(1)(a) A decision or order of a court of competent jurisdiction is rendered declaring
the provisions of Subsection A unconstitutional, inconsistent with federal law, or otherwise
unenforceable based on inconsistency with the Hyde Amendment, or enjoins the state or any
of its officials from enforcing Subsection A while at the same time accepting federal funds
pursuant to Title XIX, as modified by the Hyde Amendment, and then only if, as, and when
a stay pending all appeals of the decision or order is denied, or, if a stay is granted, such stay
expires or is no longer effective.

(b) If such a decision or order is rendered, the state Department of Justice, on behalf
of the state, shall vigorously and expeditiously pursue judicial remedies seeking to obtain a
stay pending all appeals of the decision or order and its reversal.

(2)(a) An order or decision of a court of competent jurisdiction is rendered affirming
a finding of the administrator of the Health Care Financing Administration of the United
States Department of Health and Human Services that Subsection A fails to substantially
comply with the Hyde Amendment or denying a stay of the finding of the administrator and
then only if, as, and when the state receives formal notification from the administrator that
Medicaid funds, including but not limited to the federal percentage of Medicaid assistance
payments pursuant to 42 U.S.C. 1396 et seq. allocated to the state from the United States
government, will be withheld or terminated on a specified date.

(b) If the administrator finds that the state is in noncompliance with the Hyde
Amendment as it relates to funding certain abortions, the governor, the state Department of
Justice, and the state Department of Health, on behalf of the state, shall vigorously and
expeditiously pursue administrative and judicial remedies to obtain a stay of the finding and
its reversal.

(c) If such a decision or order is rendered by a court, the state Department of Justice,
on behalf of the state, shall vigorously and expeditiously pursue judicial remedies seeking
to obtain a stay of the decision or order and to seek its reversal.

E. If Subsections B and C and R.S. 40:1061.18 become effective and subsequently
the federal requirement for acceptance of Medicaid funds, that public funds be made
available for abortions resulting from pregnancy due to rape or crime against nature as
defined by R.S. 14:89(A)(2), is no longer applicable to the state of Louisiana, then on the
same day, the provisions of Subsections B and C and R.S. 40:1061.18 shall be superseded
and the provisions of Subsection A shall be effective to the fullest extent allowed by law.

*Added by Acts 1978, No. 704, §2; Acts 1994, 4th Ex. Sess., No. 1, §1, eff. Aug. 23, 1994; Acts 2014, No. 602, §6, eff. June 12, 2014; Redesignated from R.S. 40:1299.34.5 by HCR 84 of 2015 R.S.; Acts 2016, No. 304, §2, eff. June 2, 2016; Acts 2018, No. 498, §2, See Act.*

##### **§ 40:1061.7** Instruction in elementary and secondary schools by abortion providers; prohibition {#sec-40-1061.7 omnilex-key=us-la-statutes--rs-title-40--40:1061.7}

A. No employee of or representative acting on behalf of an organization, individual,
or any other entity that performs elective abortion, or of an affiliate as defined in Subsection
B of this Section, shall engage in any of the following activities:

(1) Presenting or otherwise delivering any instruction or program on any health topic,
including but not limited to human sexuality or family planning, to students at a public
elementary or secondary school, or at a charter school that receives state funding.

(2) Knowingly providing any materials or media regarding human sexuality or family
planning for distribution or viewing at a public elementary or secondary school, or at a
charter school that receives state funding, regardless of the topic or viewpoint of such
materials or media, if the materials or media are created by or bear the identifying mark of
an organization, individual, or any other entity, or of an affiliate of any such organization,
individual, or entity, that performs elective abortion.

B. For purposes of this Section, "affiliate" means an organization, individual, or any
other entity that has a legal relationship with another organization, individual, or any other
entity, and such relationship is created or governed by at least one written instrument that
demonstrates one or more of the following:

(1) Common ownership, management, or control.

(2) The existence of a franchise.

(3) The granting or extension of a license or other agreement that authorizes common
use of a brand name, trademark, service mark, or other registered identification mark.

C. The provisions of this Section shall not apply to any hospital licensed in
accordance with the Hospital Licensing Law, R.S. 40:2100 et seq.

D. Any abortion provider or affiliate of an abortion provider whose employee or
representative acts in violation of this Section shall be subject to imposition of a monetary
penalty established by rule by the Louisiana Department of Health, and the department shall
consider such violation in any action regarding license issuance taken in accordance with
R.S. 40:2175.6.

*Acts 2014, No. 617, §1; Redesignated from R.S. 40:1299.35 by HCR 84 of 2015 R.S.*

##### **§ 40:1061.8** Redesignated as R.S. 40:1061.1 by Acts 2022, No. 545, §6B. {#sec-40-1061.8 omnilex-key=us-la-statutes--rs-title-40--40:1061.8}

*Redesignated as R.S. 40:1061.1 by Acts 2022, No. 545, §6B.*

##### **§ 40:1061.9** Redesignated as R.S. 40:1061.1.1 by Acts 2022, No. 545, §6B. {#sec-40-1061.9 omnilex-key=us-la-statutes--rs-title-40--40:1061.9}

*Redesignated as R.S. 40:1061.1.1 by Acts 2022, No. 545, §6B.*

##### **§ 40:1061.10** Abortion by physician; determination of viability; ultrasound test required; exceptions; penalties {#sec-40-1061.10 omnilex-key=us-la-statutes--rs-title-40--40:1061.10}

A.(1) Physician requirements. No person shall perform or induce an abortion unless
that person is a physician licensed to practice medicine in the state of Louisiana and is
currently board-certified in obstetrics and gynecology or family medicine or enrolled in a
residency program for obstetrics and gynecology or family medicine, when that resident
performs or induces an abortion under the direct supervision of a physician who is
board-certified in obstetrics and gynecology or family medicine. Any outpatient abortion
facility that knowingly or negligently employs, contracts with, or provides any valuable
consideration for the performance of an abortion in an outpatient abortion facility by any
person who does not meet the requirements of this Section is subject to having its license
denied, non-renewed, or revoked by the Louisiana Department of Health in accord with R.S.
40:2175.6. For the purposes of this Subsection, "direct supervision" shall mean that the
physician must be present in the hospital, on the campus, or in the outpatient facility, and
immediately available to furnish assistance and direction throughout the performance of the
procedure. The physician need not be present in the room when the procedure is performed
in order to maintain direct supervision.

(2) On the date the abortion is performed or induced, a physician performing or
inducing an abortion shall:

(a) Have active admitting privileges at a hospital that is located not further than thirty
miles from the location at which the abortion is performed or induced and that provides
obstetrical or gynecological health care services. For purposes of this Section, "active
admitting privileges" means that the physician is a member in good standing of the medical
staff of a hospital that is currently licensed by the department, with the ability to admit a
patient and to provide diagnostic and surgical services to such patient consistent with the
requirements of Paragraph (A)(1) of this Subsection.

(b) Provide the pregnant woman with all of the following before the abortion is
performed or induced:

(i) A telephone number by which the pregnant woman may reach the physician, or
other health care personnel employed by the physician or facility at which the abortion was
performed or induced, who has twenty-four hours per day access to the woman's relevant
medical records so that the woman may request assistance related to any complication that
arises from the performance or induction of the abortion, or to ask health-related questions
regarding the abortion.

(ii) The name and telephone number of the hospital nearest to the home of the
pregnant woman at which an emergency arising from the abortion would be treated.

(c) Whoever violates the provisions of Subparagraph (2)(a) of this Paragraph shall
be fined not more than four thousand dollars per violation.

B. Viability. Except in the case of a medical emergency, before a physician performs
an abortion, the physician, by use of his good faith medical judgment, shall first determine
if the unborn child is viable.

C. Determination of Viability. In order to preserve the health of the woman, and in
order to assist in making an accurate finding of viability considering the gestational age,
weight, and lung maturity of the unborn child, the physician intending to terminate a
pregnancy shall first perform or cause to be performed an ultrasound examination pursuant
to the provisions of Subsection D of this Section. The physician shall enter such findings
and determination of viability in the medical record of the pregnant woman, along with
photographs or prints of the ultrasound evidencing the findings.

D. Ultrasound Requirements. Except in the case of a medical emergency, and in
addition to the provisions of R.S. 40:1061.17, consent to an abortion of an unborn child at
any stage of gestational development is voluntary and informed only if an obstetric
ultrasound is performed in accordance with the provisions of this Section.

(1) Qualifications to perform ultrasound. The ultrasound shall be performed by the
physician who is to perform the abortion or a qualified person who is the physician's agent.
For purposes of this Section, "qualified person" means a person having documented evidence
that he or she has completed a course in the operation of ultrasound equipment and is in
compliance with any other requirements of law regarding the operation of ultrasound
equipment.

(2)(a) Requirements. Except as provided in Subparagraph (b) of this Paragraph, at
least seventy-two hours prior to the woman's having any part of an abortion performed or
induced, and prior to the administration of any anesthesia or medication in preparation for
the abortion on the woman, the physician who is to perform the abortion or a qualified person
who is the physician's agent shall comply with all of the following requirements:

(i) Perform an obstetric ultrasound on the pregnant woman; simultaneously display
the screen which depicts the active ultrasound images so that the pregnant woman may view
them; and make audible the fetal heartbeat, if present, in a quality consistent with current
medical practice. Nothing in this Section shall be construed to prevent the pregnant woman
from not listening to the sounds detected by the fetal heart monitor, or from not viewing the
images displayed on the ultrasound screen.

(ii) Provide a simultaneous and objectively accurate oral explanation of what the
ultrasound is depicting, in a manner understandable to a layperson, which shall include the
presence and location of the unborn child within the uterus and the number of unborn
children depicted, the dimensions of the unborn child, and the presence of cardiac activity
if present and viewable, along with the opportunity for the pregnant woman to ask questions.

(iii) Offer the pregnant woman the option of requesting an ultrasound photograph or
print of her unborn child of a quality consistent with current standard medical practice that
accurately portrays, to the extent feasible, the body of the unborn child including limbs, if
present and viewable.

(iv) Prior to the ultrasound, obtain from the pregnant woman a copy of a completed,
signed, and dated election form. The election form shall be produced and made available by
the department, and shall state as follows:

"Ultrasound Before Abortion Notice and Election Form

Louisiana law requires an ultrasound examination prior to the performance of an
abortion. By signing below, I certify that I understand the following:

(1) I have the option to look at or look away from the ultrasound display at any
time.

(2) I have the option to listen to the heartbeat of the unborn child that is required
to be made audible unless I decline by initialing here: ________________.

(3) I am required by law to hear an oral explanation of the ultrasound images,
unless I certify below that I am pregnant due to an act of rape or crime against nature as
defined by R.S. 14:89(A)(2).

(4) I have the option to ask and receive answers to any questions about the images
of the unborn child.

(5) I have the option to ask for an ultrasound photographic print depicting the
unborn child.

__________________________________________

Signature Date

OPTION FOR WOMEN WHO HAVE FILED LAW ENFORCEMENT REPORTS:

I certify that I have reported an act of rape or crime against nature as defined by R.S.
14:89(A)(2) to law enforcement officials, and that I decline to hear an oral explanation of the
ultrasound images.

__________________________________________

Signature Date"

(v) Orally read the following statement to the pregnant woman in the ultrasound
examination room prior to beginning the ultrasound examination, and certify by signature
on a form that shall be produced and made available by the department that the following
statement was delivered orally:

"During this ultrasound examination, you have the right to an oral explanation of the
results. You have the option to view the images on the ultrasound screen. The heartbeat of
the unborn child, if present, will be made audible, unless you declined on the election form.
You have the right to receive answers to any questions you ask about your ultrasound
examination. You have the right to receive an ultrasound photographic print, which will be
provided at your request."

(vi) Retain copies of the election form and certification prescribed by Items (iv) and
(v) of this Subparagraph. The certification shall be placed in the medical file of the woman
and shall be kept by the abortion provider for a period of not less than seven years. If the
woman is a minor, the certification shall be placed in the medical file of the minor and kept
for at least seven years or for five years after the minor reaches the age of majority,
whichever is greater. The woman's medical files shall be kept confidential as provided by
law.

(b) If the pregnant woman certifies in writing that she currently lives one hundred
fifty miles or more from the nearest licensed outpatient abortion facility to her residence, then
the physician who is to perform the abortion or a qualified person who is the physician's
agent shall comply with all of the requirements of Subparagraph (a) of this Paragraph at least
twenty-four hours prior to the woman having any part of an abortion performed or induced.

(3) Options to view or listen to required medical information.

(a) A pregnant woman may choose not to exercise her option to request an
ultrasound photograph print as provided for under this Section.

(b) A pregnant woman may choose not to view the ultrasound images required to be
provided to and reviewed with the pregnant woman as provided for under this Section.

(c) A pregnant woman may choose not to listen to the sounds detected by the fetal
heart monitor required to be provided to the pregnant woman as provided for under this
Section.

(d) The physician, the agent of the physician, and the pregnant woman are not subject
to a penalty under this Chapter solely because the pregnant woman chooses not to request
an ultrasound print, view the ultrasound images, or hear the heart auscultation.

(4) Medical Emergencies.

(a) "Medical emergency" as used in this Section, means the existence of any physical
condition, not including any emotional, psychological, or mental condition, which a
reasonably prudent physician, with knowledge of the case and treatment possibilities with
respect to the medical conditions involved, would determine necessitates the immediate
abortion of the pregnancy to avert the pregnant woman's death or to avert substantial and
irreversible impairment of a major bodily function arising from continued pregnancy.

(b) Upon a determination by a physician that a medical emergency exists with respect
to a pregnant woman, the provider shall certify in writing the specific medical conditions that
constitute the emergency. The certification shall be placed in the medical file of the woman
and shall be kept by the abortion provider for a period of not less than seven years. If the
woman is a minor, then the certification shall be placed in the medical file of the minor and
kept for at least seven years or for five years after the minor reaches the age of majority,
whichever is greater. The woman's medical files shall be kept confidential as provided by
law.

(5) Penalties. Any person who intentionally or knowingly fails to comply with any
requirement of this Section shall be subject to the penalties as provided for in R.S.
40:1061.29.

(6) Protection of privacy in court proceedings. In every civil or criminal proceeding
or action brought under this Section, the court shall rule whether the anonymity of any female
upon whom an abortion has been performed or attempted shall be preserved from public
disclosure if she does not give her consent to such disclosure. The court may close any
proceedings in the case and enter other protective orders to preserve the privacy of the
woman upon whom the abortion has been performed or attempted. This Section may not be
construed to conceal the identity of the plaintiff or of witnesses from the defendant.

E. Pregnant rape survivors or victims of crime against nature as defined by R.S.
14:89(A)(2) who have reported the act to law enforcement officials shall have the
opportunity to opt out of the oral explanation provisions of Subparagraph (D)(2)(b) of this
Section, in addition to having the same options to view or listen to the required medical
information as provided in Paragraph (D)(3) of this Section.

F. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2010, No. 888, §1; Acts 2011, No. 411, §1; Acts 2012, No. 685, §1; Acts 2013, No. 259, §1, eff. June 10, 2013; Acts 2014, No. 602, §6, eff. June 12, 2014; Acts 2014, No. 620, §1, eff. Sept. 1, 2014; Redesignated from R.S. 40:1299.35.2 by HCR 84 of 2015 R.S.; Acts 2016, No. 97, §1; Acts 2016, No. 98, §1; Acts 2022, No. 545, §3.*

##### **§ 40:1061.11** Drugs or chemicals used; penalties {#sec-40-1061.11 omnilex-key=us-la-statutes--rs-title-40--40:1061.11}

A. When any drug or chemical is used for the purpose of inducing an abortion, the
physician who prescribed the drug or chemical shall be in the same room and in the physical
presence of the pregnant woman when the drug or chemical is initially administered,
dispensed, or otherwise provided to the pregnant woman.

B. The drug or chemical shall not be administered, dispensed, or otherwise provided
to the pregnant woman by a physician or any person acting under the physician's direction,
whether in a licensed outpatient abortion facility, private medical office or any other facility,
unless the physician has obtained the voluntary and informed consent of the pregnant woman
pursuant to the provisions of R.S. 40:1061.17 and the requirements set forth in that Section.

C. If a physician prescribes, dispenses, administers, or provides any drug or chemical
to a pregnant woman for the purpose of inducing an abortion, the physician shall report the
abortion to the Louisiana Department of Health as provided in R.S. 40:1061.21.

D. In addition to the requirements of reporting complications to the Louisiana
Department of Health pursuant to R.S. 40:1061.21, if the physician knows that the woman
experienced a serious adverse event, as defined by the MedWatch Reporting System, during
or after the administration or use of the drug, the physician shall also report the event to the
United States Food and Drug Administration through the MedWatch Reporting System not
later than the third day after the date the physician learns that the event occurred.

E. The Louisiana State Board of Medical Examiners may take disciplinary action as
authorized in R.S. 37:1261 et seq. or any other applicable provision of law against a
physician who violates any provision of this Section.

F. Any person not under the direct and immediate supervision of a physician who
knowingly performs or attempts to perform an abortion using chemicals or drugs in violation
of this Section shall be subject to penalties pursuant to R.S. 40:1061.29. No penalty may be
assessed against the woman who undergoes the abortion.

G. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Acts 2013, No. 259, §1, eff. June 10, 2013; Acts 2014, No. 620, §1, eff. Sept. 1, 2014; Redesignated from R.S. 40:1299.35.2.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.11.1** Chemically induced abortion; required disclosure {#sec-40-1061.11.1 omnilex-key=us-la-statutes--rs-title-40--40:1061.11.1}

A. When mifepristone is administered, dispensed, or otherwise provided to a
pregnant woman by a physician or any person acting under the physician's direction, whether
in a licensed outpatient abortion facility, private medical office, or any other facility, then the
physician or the person acting under the physician's direction shall provide the disclosure
statement found in Subsection B of this Section to the pregnant woman. The disclosure
statement may be provided by doing any of the following:

(1) Stapling the disclosure statement to a bag, envelope, or other package that
contains misoprostol for the pregnant woman to self-administer at home.

(2) Attaching the disclosure statement to a written prescription for misoprostol
provided by the physician or the person acting under the physician's direction.

(3) Attaching the disclosure statement to the patient's discharge instructions if the
prescription for misoprostol is sent directly to a pharmacy.

B. The disclosure statement required by this Section shall contain all of the following
text:

"PLEASE READ BEFORE TAKING SECOND PILL

Research has indicated that the first pill provided, identified as
mifepristone, is not always effective in ending a pregnancy. If after taking
the first pill you regret your decision, please consult a physician or healthcare
provider immediately to determine if there are options available to assist you
in continuing your pregnancy."

C.(1) Nothing in this Section shall be construed as creating or recognizing a right to
abortion.

(2) Nothing in this Section shall be construed as requiring the disclosure statement
to be provided to a woman facing a spontaneous miscarriage as defined in R.S.
14:87.1(1)(b)(ii).

(3) Nothing in this Section shall be construed as requiring a pharmacy or any entity
other than the facility where the abortion is administered to provide the disclosure statement.

D. As used in this Section, the following terms have the meanings ascribed to them:

(1) "Abortion pill" means the use of mifepristone or misoprostol to induce a
chemical abortion.

(2) "Mifepristone" means a synthetic steroid that inhibits the action of progesterone,
given orally in early pregnancy to induce a chemical abortion. Mifepristone is the first drug
used in a two-drug process to induce a chemical abortion.

(3) "Misoprostol" means a synthetic prostaglandin E~1~ analogue that is used to induce
a chemical abortion. Misoprostol is the second drug used in a two-drug process to induce
a chemical abortion.

E. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Acts 2021, No. 483, §1; Acts 2022, No. 545, §3.*

##### **§ 40:1061.12** Born-Alive Infant Protection Act {#sec-40-1061.12 omnilex-key=us-la-statutes--rs-title-40--40:1061.12}

A. An infant at any stage of development who has survived an abortion procedure
resulting in his or her live birth shall be given reasonable and immediate medical care as
provided in R.S. 40:1061.13(C), whether the abortion was considered legal or illegal under
the law at the time that the abortion was performed.

B. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Acts 2001, No. 1110, §1, eff. June 28, 2001; Redesignated from R.S. 40:1299.35.3 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.13** Abortion after viability; second attendant physician required; duties {#sec-40-1061.13 omnilex-key=us-la-statutes--rs-title-40--40:1061.13}

A. Before a physician may perform an abortion upon a pregnant woman whose
unborn child is viable, such physician shall first certify in writing that the abortion is
necessary to preserve the life or health of the woman and shall further certify in writing the
medical indications for such abortion and the probable health consequences.

B. Any physician who performs an abortion upon a woman carrying a viable unborn
child shall utilize the available method or technique of abortion most likely to preserve the
life and health of the unborn child. In cases where the method or technique of abortion
which would most likely preserve the life and health of the unborn child would present a
greater risk to the life and health of the woman than another available method or technique,
the physician may utilize such other method or technique. In all cases where the physician
performs an abortion upon a viable unborn child, the physician shall certify in writing the
available method or techniques considered and the reasons for choosing the method or
technique employed.

C. An abortion of a viable unborn child shall be performed or induced only when
there is in attendance a physician other than the physician performing or inducing the
abortion who shall take control of and provide immediate medical care for an infant born
alive as a result of the abortion. During the performance of the abortion, the physician
performing it, and subsequent to the abortion, the physician required by this Section to be in
attendance, shall take all reasonable steps in keeping with good medical practice, consistent
with the procedure used, to preserve the life and health of the viable unborn child and born-alive infant, respectively, provided that it does not pose an increased risk to the life or health
of the woman.

D. The provisions of this Section shall apply to an infant born alive, and the infant
born alive shall be given immediate medical care regardless of whether the abortion was
considered legal or illegal under the law at the time the abortion was performed.

E. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Redesignated from R.S. 40:1299.35.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.14** Minors {#sec-40-1061.14 omnilex-key=us-la-statutes--rs-title-40--40:1061.14}

A. No physician shall perform or induce an abortion upon any pregnant woman who
is under the age of eighteen years and who is not emancipated judicially or by marriage
unless the physician or a qualified person acting as agent of the physician pursuant to R.S.
40:1061.17(B)(4)(c) has received those documents provided for in either Paragraph (1) or
(2) of this Subsection:

(1)(a) A notarized statement signed by the mother, father, legal guardian, or tutor of
the unemancipated minor declaring that the affiant has been informed that the minor intends
to seek an abortion and that the affiant consents to the abortion. The affiant shall provide
sufficient evidence of identity that shall be expressly specified in the affidavit to establish
an articulable basis for a reasonably prudent person to believe that the affiant is one of the
following:

(i) The lawful mother.

(ii) The lawful father.

(iii) The legal guardian.

(iv) The lawful tutor of the minor.

(b) A copy of a valid and unexpired driver's license or a government-issued
identification card of the individual giving consent on behalf of the unemancipated minor as
provided for in Subparagraph (a) of this Paragraph.

(2) A court order as provided in Subsection B of this Section.

B. The following provisions shall apply to all applications for court orders by minors
seeking abortions and appeals from denials of applications:

(1) Jurisdiction to hear applications shall be in the court having juvenile jurisdiction
in the parish in which the minor is domiciled. Jurisdiction to hear an application or appeal
shall be extended to a court having juvenile jurisdiction in a contiguous parish if either of the
following conditions is met:

(a) The minor's parent or guardian is a presiding judge of the juvenile court in the
parish in which the minor is domiciled.

(b) The parish in which the minor is domiciled has a population of less than ten
thousand persons according to the latest federal decennial census.

(2) Each clerk of each court which has jurisdiction to hear such applications shall
prepare application forms in clear and concise language which shall provide step-by-step
instructions for filling out and filing the application forms. All application forms shall be
submitted to the attorney general for his approval. Each clerk shall assist each minor who
requests assistance in filling out or filing the application forms.

(3)(a) Each application shall be heard in chambers, anonymously, in a summary
manner, within four days, excluding legal holidays, of the filing thereof.

NOTE: Item (B)(3)(b)(i) eff. until October 1, 2027. See Acts 2025, No. 477.

(b)(i) Prior to such ex parte hearing, the court may require the minor to participate
in an evaluation and counseling session with a mental health professional from the Louisiana
Department of Health, office of behavioral health, or a staff member from the Department
of Children and Family Services, office of children and family services, or both. The court
may refer the petitioner, if necessary, to the appropriate Louisiana Department of Health,
office of behavioral health regional office to arrange the evaluation and counseling session
within the four-day period prior to the ex parte hearing, as provided in this Paragraph. This
referral may be made by the clerk upon the minor's filing the application when the court has
issued a standing order authorizing same and the circumstances fit the criteria of the standing
order therefor.

NOTE: Item (B)(3)(b)(i) as amended by Acts 2025, No. 477, eff. October 1, 2027.

*(b)(i) Prior to such ex parte hearing, the court may require the minor to participate in an evaluation and counseling session with a mental health professional from the Louisiana Department of Health, office of behavioral health, or a staff member from the Department of Children and Family Services, office of child welfare, or both. The court may refer the petitioner, if necessary, to the appropriate Louisiana Department of Health, office of behavioral health regional office to arrange the evaluation and counseling session within the four-day period prior to the ex parte hearing, as provided in this Paragraph. This referral may be made by the clerk upon the minor's filing the application when the court has issued a standing order authorizing same and the circumstances fit the criteria of the standing order therefor.*

(ii) Such evaluation and counseling session shall be for the purpose of developing
trustworthy and reliable expert opinion concerning the minor's sufficiency of knowledge,
insight, judgment, and maturity with regard to her abortion decision in order to aid the court
in its decision and to make the state's resources available to the court for this purpose.
Persons conducting such sessions shall employ the information and printed materials referred
to in R.S. 40:1061.17 in examining how well the minor interviewed is informed about
pregnancy, fetal development, abortion risks and consequences, the indicators of human
trafficking, and abortion alternatives, and shall also endeavor to verify that the minor is
seeking an abortion of her own free will and is not acting under intimidation, threats, abuse,
undue pressure, or extortion by any other persons and is not a victim of a coerced abortion
as defined in Children's Code Article 603.

(iii) For purposes of providing screening to protect the safety and well-being of the
minor, such evaluation and counseling session shall also endeavor to ascertain whether the
minor is pregnant as a result of sexual activity constituting a crime under the laws of this
state, or as a result of commercial sexual exploitation of the minor, and shall inform the
minor of resources available for her protection.

(iv) The results of such evaluation and counseling shall be reported to the court by
the most expeditious means, commensurate with security and confidentiality, to assure
receipt by the court prior to or at the ex parte hearing.

(4)(a) If the minor has not been interviewed in such evaluation and counseling session
prior to the ex parte hearing, such that the court does not have the benefit of the required
report, then the court may appoint a certified child advocate attorney to be present with the
minor at the ex parte hearing for the purpose of assisting the minor in communicating to the
court whether her abortion decision is made with sufficient maturity and free and informed
consent, commensurate with the duty of confidentiality. A certified child advocate attorney
shall be given sufficient time on the same day as the ex parte hearing to review with the
minor the information and printed materials referred to in R.S. 40:1061.17, in evaluating how
well the minor is informed about pregnancy, fetal development, abortion risks and
consequences, the indicators of human trafficking, and abortion alternatives. The certified
child advocate attorney shall also endeavor to assist in the court's determination of whether
the minor is seeking the abortion of her own free will and is not acting under intimidation,
threats, undue pressure, or extortion by other persons, is not a victim of coerced abortion as
defined in Children's Code Article 603, and is not in need of assistance or protective orders
if the minor is a victim of commercial sexual exploitation as defined in Children's Code
Article 603, or any crime against the child as defined in Children's Code Article 603.

(b) If the court, using reasoned judgment and evidentiary evaluation, finds, by clear
and convincing evidence, that the minor is sufficiently mature and well enough informed to
make the decision concerning the abortion on her own, and further finds that the minor is not
a victim of coerced abortion, and is seeking the abortion of her own free will, the court shall
issue an order authorizing the minor to act on the matter without parental consultation or
consent.

(c) Whether or not the court authorizes the abortion, if the court finds by a
preponderance of the evidence that the minor is a victim of commercial sexual exploitation
as defined in Children's Code Article 603, or any crime against the child as defined in
Children's Code Article 603, the court may issue any appropriate protective orders or afford
the minor the continued services of a court-appointed special advocate, or both.

(5) If the court finds that the minor is not sufficiently mature and well enough
informed to make a decision intelligently among the alternatives, the court shall decide
whether or not it would be in the best interest of the minor to notify her parents or guardian
of the proceedings. If the court finds that it is in the minor's best interest to notify her parents
or guardian, the court shall so notify and reconvene the proceedings within forty-eight hours
with the parents or guardian present to advise and counsel the minor and aid the court in
making its determination whether or not the abortion would be in the best interest of the
minor.

(6) If the court finds that the minor is not sufficiently mature and well enough
informed to make the decision concerning the abortion and further finds that it would not
be in the minor's best interest to notify her parents or guardian, the court shall issue an order
authorizing the abortion if the court finds, by clear and convincing evidence, that the abortion
would be in the best interest of the minor. However, as stated in Bellotti v. Baird, 443 U.S.
622, 647 (1979), "the court may deny the abortion request of an immature minor in the
absence of parental consultation if it concludes that her best interests would be served
thereby."

(7) In all cases, the court shall issue its final judgment and order immediately upon
completion of the reconvened hearing, if there is one, or immediately upon completion of the
original ex parte hearing, if there is no reconvened hearing, and in any case where unusual
justification exists for taking the matter under advisement, the court shall report taking the
matter under advisement to the Supreme Court of Louisiana and to the court of appeal for
the circuit to which appeals lie from the court and shall issue its final judgment and order
within forty-eight hours after taking the matter under advisement at the completion of such
hearing. Appeals from decisions of the court hearing the application shall be by trial de novo
in the court of appeal.

(8) Each clerk of each court of appeal shall prepare appeal forms in clear and concise
language which shall provide step-by-step instructions for filling out and filing the appeal
forms. All appeal forms shall be submitted to the attorney general for his approval. Each
clerk shall assist each minor who requests assistance in filling out or filing the appeal forms.

(9) Each appeal shall be heard in chambers, anonymously, in a summary manner, and
within forty-eight hours of the filing thereof.

(10) The decision of the court of appeal shall be based on the criteria provided in
Paragraphs (4), (5), and (6) of this Subsection, and such court shall issue its final judgment
and order within forty-eight hours of its hearing.

(11) Each minor who declares to the clerk of the court hearing the application or
appeal that she does not have sufficient funds to pay for the costs of the application or the
appeal shall be allowed to proceed in forma pauperis.

(12) Each minor who files an application or an appeal shall be entitled to an initial
hearing and a determination by the court independently of any notice to or consultation with
her parents, tutor, or guardian.

(13) Except as otherwise provided in this Section, or as otherwise provided by rule
of court, hearings of applications and appeals shall be conducted in accordance with the
provisions of the Louisiana Children's Code.

C.(1) Nothing in this Section shall be construed as creating or recognizing a right to
abortion.

(2) It is not the intention of this Section to make lawful an abortion that is unlawful
on July 10, 1997, or which later becomes unlawful.

D. Nothing in this Section shall be deemed or construed to affect or alter existing law
on the confidentiality of proceedings and records related thereto, except to the extent
specifically contained in this Section.

E. The provisions of R.S. 40:1061.1 shall apply to this Section.

Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981,
No. 774, §1, eff. July 23, 1981; Acts 1995, No. 1254, §1; Acts 1997, No. 933, §1, eff. July
10, 1997; Acts 2009, No. 384, §5, eff. July 1, 2010; Redesignated from R.S. 40:1299.35.5
by HCR 84 of 2015 R.S; Acts 2017, No. 165, §1; Acts 2021, No. 482, §1; Acts 2022, No.
545, §3; Acts 2025, No. 477, §12, eff. Oct. 1, 2027.

NOTE: See Acts 1995, No. 1254, §2, re: severability.

NOTE: See Acts 1997, No. 933, §§2, 4, re: intent and severability.

##### **§ 40:1061.14.1** Fraudulent interference with parental consent {#sec-40-1061.14.1 omnilex-key=us-la-statutes--rs-title-40--40:1061.14.1}

A. Any person giving parental consent pursuant to R.S. 40:1061.14(A)(1) on behalf
of a minor on whom an abortion was completed shall be subject to R.S. 14:70.7 providing
penalties for the unlawful production, manufacturing, distribution, or possession of
fraudulent documents for identification purposes.

B. Any employee of a licensed outpatient abortion facility who knowingly aids and
abets a person who is not the mother, father, legal guardian, or tutor of a minor on whom an
abortion was performed in the execution or acceptance of the parental consent requirements
as required by R.S. 40:1061.14(A)(1), shall be subject to the penalties in R.S. 40:1061.29.

C. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Acts 2017, No. 165, §1; Acts 2022, No. 545, §3.*

##### **§ 40:1061.15** Prevention of forced abortion; signage in abortion facilities {#sec-40-1061.15 omnilex-key=us-la-statutes--rs-title-40--40:1061.15}

A. This Section shall be known and may be cited as the "Forced Abortion Prevention
Sign Act".

B. Any licensed outpatient abortion facility as defined by R.S. 40:2175.3 shall
conspicuously post a sign in a location defined in Subsection D of this Section which is
clearly visible to patients, and which features the text contained in Paragraph (1) of this
Subsection and the information contained in Paragraph (2) of this Subsection.

(1) The sign shall feature the following text:

"Notice: Women's Rights and Pregnancy Resources

You can't be forced.

* It is unlawful for anyone to make you have an abortion against your will, even if
you are a minor.

You and the father.

* The father of your child must provide support of the child, even if he has offered
to pay for an abortion.

You and adoption.

* The law allows adoptive parents to pay costs of prenatal care, childbirth and
newborn care.

You are not alone.

* Many agencies are willing to help you to carry your child to term, and to assist after
your child's birth."

(2) The sign shall feature the web address of the pregnancy resources website
maintained by the department pursuant to R.S. 40:1061.17, which shall be shown on the sign
in a large, bold font designed to be clearly visible to patients, along with any additional
information which is deemed necessary by the department and is in accordance with the
provisions of R.S. 40:1061.17.

C. The department shall cause the sign provided for in this Section to be designed
and produced. All signs produced shall incorporate color graphics and shall be printed on
durable signage material measuring sixteen inches by twenty inches with lettering presented
in a size and style of font designed to be clearly visible to the patient.

D. The sign provided for in this Section shall be conspicuously posted in each patient
admission area, waiting room, and patient consultation room used by patients on whom
abortions are performed, induced, prescribed for, or who are provided with the means for an
abortion.

E. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Acts 2011, No. 411, §1; Redesignated from R.S. 40:1299.35.5.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.16** Information on psychological impacts, illegal coercion, abuse, and human trafficking required prior to abortion; task force on information resources {#sec-40-1061.16 omnilex-key=us-la-statutes--rs-title-40--40:1061.16}

A. The legislature hereby declares that women of this state have a right to know that
undergoing an abortion may have serious psychological impacts, including severe emotional
distress and mental and behavioral health afflictions.

B.(1) Except as provided in Paragraph (2) of this Subsection, at least seventy-two
hours prior to undergoing an elective abortion, and as a condition for consent to the abortion
to be deemed voluntary and informed, the woman or minor female considering abortion shall
be given a copy of the printed materials described in this Section by the physician who is to
perform the abortion or a qualified person as defined in R.S. 40:1061.17(B)(4)(c), except in
the case of medical emergency as provided in R.S. 40:1061.23.

(2) If the woman or minor female considering abortion certifies in writing that she
currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion
facility to her residence, then she shall be given a copy of the printed materials described in
this Section at least twenty-four hours prior to an elective abortion procedure by the
physician who is to perform the abortion or a qualified person as defined in R.S.
40:1061.17(B)(4)(c), except in the case of medical emergency as provided in R.S.
40:1061.23.

C.(1) The physician or qualified person shall provide to the woman or minor female
seeking an abortion the printed materials required by this Section individually and in a
private room for the purpose of ensuring that she has an adequate opportunity to ask
questions and discuss her individual circumstances.

(2) The physician or qualified person shall obtain the signature of the woman or
minor female seeking an abortion on a form certifying that the printed materials were given
to the woman or minor female.

(3) In the case of a minor female considering an abortion, if a parent accompanies
the minor female to the appointment with the physician or qualified person described in
Subsection B of this Section, then the physician or qualified person shall provide to the
parent copies of the materials given to the female in accordance with Paragraph (1) of this
Subsection.

(4) The signed certification form provided for in Paragraph (2) of this Subsection
shall be kept within the medical record of the woman or minor female upon whom the
abortion procedure was performed for a period of at least seven years.

D. The department shall create printed materials and printable Internet-based
resources that provide all of the following:

(1)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors who serve women and minor females who may
experience psychological distress or other mental, emotional, or behavioral health afflictions
prior to undergoing an abortion.

(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:

(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may occur prior to an abortion.

(ii) Is not affiliated with an abortion provider.

(2)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors who serve women and minor females who may
experience psychological distress or other mental, emotional, or behavioral health afflictions
after undergoing an abortion.

(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:

(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may result from undergoing the abortion procedure.

(ii) Is not affiliated with an abortion provider.

(3)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors who are trained in counseling women and minor
females who experience coercion to obtain an abortion concerning the psychological impacts
or other mental, emotional, or behavioral health afflictions that may result from experiencing
coercion to obtain an abortion.

(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:

(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may result from experiencing coercion to obtain an abortion.

(ii) Is not affiliated with an abortion provider.

(c) The materials developed pursuant to this Paragraph shall clearly indicate that
coerced abortion is defined in Louisiana law, Children's Code Article 603, as a form of abuse
that seriously endangers the physical, mental, and emotional health and safety of a child.

(4)(a) Information, telephone numbers, and links to Internet websites of nonprofit
organizations that offer free and confidential access to mental health professionals, social
workers, and other trained counselors for women and minor females who are victims of the
crime of human trafficking or the crime of trafficking of children for sexual purposes.

(b) The department shall take such actions as are necessary to ensure that any mental
or behavioral health professional or other counselor to whom a woman or minor female may
be referred through the organizations listed in the materials developed pursuant to this
Paragraph meets all of the following criteria:

(i) Provides counseling services that objectively address the mental, emotional, and
behavioral health effects that may result from being a victim of human trafficking or a victim
of trafficking of children for sexual purposes.

(ii) Is not affiliated with an abortion provider.

(c) The materials developed pursuant to this Paragraph shall clearly indicate all of
the following:

(i) That victims of trafficking can be safe after their rescue from being trafficked.

(ii) That Louisiana provides for assistance to victims of human trafficking, as
required by R.S. 46:2162 et seq.

(iii) That there are public and private agencies providing valuable assistance to
women and minor females who have been commercially and sexually exploited; and that
help available to victims of trafficking and other exploitation includes housing assistance,
education, job training, and drug addiction counseling.

(iv) That legal assistance is available to women and minor females seeking to escape
the sex trade, including assistance in vacating prior prostitution convictions.

(v) That the crime of trafficking of children for sexual purposes is subject to the
mandatory reporting laws set forth in Children's Code Articles 603, 609, and 610.

(d) Any pamphlet developed pursuant to this Paragraph shall be known as the "Point
of Rescue" pamphlet.

E. The materials provided for in Subsection D of this Section shall be printed in a
typeface large enough to be clearly legible and shall be available at no cost from the
department upon request and in appropriate number to any person, facility, or hospital. The
department's website shall contain the content of the printed material, a printable electronic
image of the printed material, and information on ordering printed materials. The department
shall promulgate rules and regulations relative to the methods of distribution of printed
materials.

F. The provisions of R.S. 40:1061.1 shall apply to this Section.

G. Nothing in this Section shall be construed to conflict with or supersede the
requirement for mandatory reporting of child abuse provided in Children's Code Article 603
et seq.

Acts 2014, No. 569, §2, special eff. date; Redesignated from R.S. 40:1299.35.5.2 by
HCR 84 of 2015 R.S.; Acts 2016, No. 97, §1; Acts 2018, No. 661, §8; Acts 2022, No. 545,
§3.

NOTE: See Acts 2014, No. 569, §3, regarding effectiveness.

##### **§ 40:1061.17** Woman's right to know {#sec-40-1061.17 omnilex-key=us-la-statutes--rs-title-40--40:1061.17}

A. Legislative findings and purposes. The Legislature of Louisiana finds that:

(1) Act No. 435 of the 1978 Regular Session of the Legislature required the obtaining
of the informed consent of a pregnant woman to the performance of an abortion. This law
was declared unconstitutional in the cases of *Margaret S. v. Edwards* , and in *Margaret S. v. Treen* .

(2) By Act No. 435 of the 1978 Regular Session of the Legislature (R.S. 40:1061.18)
a twenty-four-hour waiting period was required between the signing of an informed consent
and the performance of an abortion. This law was repealed by Act No. 418 of the 1980
Regular Session of the Legislature because of the decision of the federal court in *Margaret S. v. Edwards* .

(3) Subsequent to the above-referenced court decisions and legislative enactments,
the United States Supreme Court has rendered a decision in the case of *Planned Parenthood of Pennsylvania v. Casey* , which upheld the constitutionality of the Pennsylvania law which
required informed consent, parental consent, and a twenty-four-hour waiting period prior to
an abortion, and which decision has therefore impliedly overruled the decisions in the
*Margaret S.* cases.

(4) The judicial obstacles to such legislation now having been removed by virtue of
the Casey decision, the legislature finds that it is in the public interest and in furtherance of
the general health and welfare of the citizens of this state to reenact provisions of law similar
to those heretofore either declared unconstitutional or repealed for the following reasons:

(a) It is essential to the psychological and physical well-being of a woman
considering an abortion that she receive complete and accurate information regarding her
alternatives.

(b) The knowledgeable exercise of a woman's decision to have an abortion depends
on the extent to which the woman receives sufficient information to make an informed
choice between two alternatives, giving birth or having an abortion.

(c) The vast majority of all abortions are performed in clinics devoted solely to
providing abortions and family planning services. Most women who seek abortions at these
facilities do not have any relationship with the physician who performs the abortion, before
or after the procedure. They do not return to the facility for postsurgical care. In most
instances, the woman's only actual contact with the physician occurs simultaneously with the
abortion procedure, with little opportunity to receive counseling concerning her decision.

(d) The decision to abort "is an important, and often a stressful one, and it is
desirable and imperative that it be made with full knowledge of its nature and consequences",
*Planned Parenthood v. Danforth* .

(e) "The medical, emotional, and psychological consequences of an abortion are
serious and can be lasting...", *H. L. v. Matheson* .

(f) Abortion facilities or providers offer only limited and/or impersonal counseling
opportunities.

(g) Many abortion facilities or providers hire untrained and unprofessional
"counselors" whose primary goal is to sell abortion services.

(5) Based on the above findings, it is the purpose of this Act to:

(a) Ensure that every woman considering an abortion receive complete information
on her alternatives and that every woman submitting to an abortion do so only after giving
her voluntary and informed consent to the abortion procedure.

(b) Protect unborn children from a woman's uninformed decision to have an abortion.

(c) Reduce "the risk that a woman may elect an abortion only to discover later, with
devastating psychological consequences, that her decision was not fully informed", *Planned Parenthood v. Casey* .

(d) Ensure that every woman considering an abortion receive complete information
regarding the availability of anesthesia or analgesics that would eliminate or alleviate organic
pain to the unborn child that could be caused by the particular method of abortion to be
employed.

B. Informed consent; requirements. After a woman is determined to be pregnant, no
abortion shall be performed or induced without the voluntary and informed consent of the
woman upon whom the abortion is to be performed or induced. Except in the case of a
medical emergency, consent to an abortion is voluntary and informed if and only if:

(1) The provisions of R.S. 40:1061.10 requiring an ultrasound test and determination
of viability are met.

(2) The information required by this Section to be communicated orally and in
person to the woman is provided to her individually and in a private room to protect her
privacy, for the purpose of ensuring that the information focuses on her individual
circumstances and that she has an adequate opportunity to ask questions.

(3)(a) Written information from the physician. Except as provided in Subparagraph
(c) of this Paragraph, at least seventy-two hours before the abortion, the physician who is to
perform the abortion or the referring physician has informed the woman, in writing and read
orally and in person of:

(i) The name of the physician who meets the requirements of R.S. 46:1061.10(A) and
who will perform the abortion, which shall be listed in the same manner as the name appears
on the membership roll of the Louisiana State Board of Medical Examiners.

(ii) The location and specialty of the physician's residency and whether the residency
of the physician has been completed.

(iii) Whether the physician is currently board-certified and, if so, the medical
specialty and the certifying organization.

(iv) Whether the physician has active admitting privileges at any hospital that
provides obstetrical or gynecological healthcare services and, if so, the name of the hospital
or hospitals. For purposes of this Subparagraph, "active admitting privileges" means that the
physician is a member in good standing of the medical staff of a hospital that is currently
licensed by the Louisiana Department of Health, with the ability to admit a patient and to
provide diagnostic and surgical services to such patient.

(v) Whether the physician has malpractice insurance that would cover the abortion
procedure.

(vi) Whether in the last ten years the physician has ever been placed on probation,
reprimanded, or had his license suspended or revoked by any professional licensing
organization and, if so, the jurisdiction in which the professional discipline was ordered. For
purposes of this Subsection, the professional discipline action must be disclosed even if it
was stayed or suspended. Disclosure of disciplinary action shall include but not be limited
to action taken by the Louisiana State Board of Medical Examiners and the Louisiana Board
of Pharmacy.

(vii) The internet address for disciplinary records of the Louisiana State Board of
Medical Examiners.

(b) Oral information from the physician. Except as provided in Subparagraph (c) of
this Paragraph, and in the same period of time provided for in the introductory paragraph of
Subparagraph (a) of this Paragraph, the physician who is to perform the abortion or the
referring physician has informed the woman, orally and in person of:

(i) A description of the proposed abortion method and of those risks (including risks
to the woman's reproductive health) and alternatives to the abortion that a reasonable patient
would consider material to the decision of whether or not to undergo the abortion.

(ii) The probable gestational age of the unborn child at the time the abortion is to be
performed; and, if the unborn child is viable or has reached the gestational age of twenty-four
weeks and the abortion may be otherwise lawfully performed under existing law, that:

(aa) The unborn child may be able to survive outside the womb.

(bb) The woman has the right to request the physician to use the method of abortion
that is most likely to preserve the life of the unborn child.

(cc) If the unborn child is born alive, that attending physicians have the legal
obligation to take all reasonable steps necessary to maintain the life and health of the child.

(iii) The probable anatomical and physiological characteristics of the unborn child
at the time the abortion is to be performed.

(iv) The medical risks associated with carrying her child to term.

(v) Any need for anti-Rh immune globulin therapy, if she is Rh negative, the likely
consequences of refusing such therapy, and a good faith estimate of the cost of the therapy.

(vi) The availability of anesthesia or analgesics to alleviate or eliminate organic pain
to the unborn child that could be caused by the method of abortion to be employed.

(vii) The requirement that at least seventy-two hours prior to the woman's having any
part of an abortion performed or induced, the physician, referring physician, or qualified
person working in conjunction with either physician must perform an obstetric ultrasound
under the provisions of R.S. 40:1061.10.

(viii) The inclusion in her printed materials of a comprehensive list, compiled by the
department, of facilities that offer obstetric ultrasounds free of charge.

(c) If the woman certifies in writing that she currently lives one hundred fifty miles
or more from the nearest licensed outpatient abortion facility to her residence, then the
physician who is to perform the abortion or the referring physician shall comply with all of
the requirements of Subparagraphs (a) and (b) of this Paragraph at least twenty-four hours
prior to the abortion.

(4) Oral information from a physician or qualified person.

(a) In the initial contact with an abortion provider by any person seeking to schedule
an abortion for a minor or adult woman or for herself, whether such initial contact is by
telephone, by internet communication, in person, or by any other means, the physician who
is to perform the abortion or any person acting on behalf of the physician informs the person
of the internet address of the department's abortion alternatives and informed consent website
provided for in this Section.

(b)(i) Except as provided in Item (ii) of this Subparagraph, at least seventy-two hours
before a scheduled abortion, the physician who is to perform the abortion, the referring
physician, or a qualified person has informed the woman, orally and in person, that:

(aa) Medical assistance benefits may be available for prenatal care, childbirth, and
neonatal care, and that more detailed information on the availability of such assistance is
contained on the department's website and in the printed materials which shall be given to
her as provided in this Section.

(bb) The department's website and printed materials describe the unborn child and
list agencies which offer alternatives to abortion.

(cc) The father of the unborn child is liable to assist in the support of her child, even
in instances where he has offered to pay for the abortion. In the case of rape, this information
may be omitted.

(dd) She is free to withhold or withdraw her consent to the abortion at any time
before or during the abortion without affecting her right to future care or treatment and
without the loss of any state or federally funded benefits to which she might otherwise be
entitled.

(ii) If the woman certifies in writing that she currently lives one hundred fifty miles
or more from the nearest licensed outpatient abortion facility to her residence, then the
physician who is to perform the abortion, the referring physician, or a qualified person shall
comply with all of the requirements of Item (i) of this Subparagraph at least twenty-four
hours before a scheduled abortion.

(c) For purposes of this Paragraph, "qualified person" shall mean an agent of the
physician who is a psychologist, licensed social worker, licensed professional counselor,
registered nurse, or physician.

(5)(a) Provision of printed materials. Except as provided in Subparagraph (b) of this
Paragraph, at least seventy-two hours before the abortion, the woman is given a copy of the
printed materials described in this Section by the physician who is to perform the abortion,
the referring physician, or a qualified person as defined in Subparagraph (4)(c) of this
Subsection. If the woman is unable to read the materials, they shall be read to her. If the
woman asks questions concerning any of the information or materials, answers shall be
provided to her in her own language.

(b) If the woman certifies in writing that she currently lives one hundred fifty miles
or more from the nearest licensed outpatient abortion facility to her residence, then the
woman shall be given a copy of the printed materials described in this Section by the
physician who is to perform the abortion, the referring physician, or a qualified person as
defined in Subparagraph (4)(c) of this Subsection at least twenty-four hours before the
abortion. If the woman is unable to read the materials, they shall be read to her. If the
woman asks questions concerning any of the information or materials, answers shall be
provided to her in her own language.

(6) Certification and reporting. The woman certifies in writing on a form provided
by the department, prior to the abortion, that the information and materials required to be
provided under this Section have been provided at least seventy-two hours prior to the
abortion; or, if applicable, at least twenty-four hours prior to the abortion in the case of a
woman who has given prior certification in writing that she currently lives one hundred fifty
miles or more from the nearest licensed outpatient abortion facility to her residence. All
physicians who perform abortions shall report the total number of certifications received
monthly to the department. The department shall make the number of certifications received
available to the public on an annual basis.

(7) Prior to the performance of the abortion, the physician who is to perform the
abortion or his agent receives a copy of the written certification required by this Section.

(8) The woman is not required to pay any amount for the abortion procedures until
the seventy-two-hour period has expired; or until expiration of the twenty-four-hour period
applicable in the case of a woman who has given prior certification in writing that she
currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion
facility to her residence.

C. Publication of abortion alternatives and informed consent website.

(1) The department shall cause to be published in English, within one hundred
twenty days after enactment of this Act, and shall update on an annual basis, or as needed,
the following easily comprehensible information on a stable internet website that shall be
developed and maintained by the department to inform the public of the public and private
agencies and services available to assist a woman through pregnancy, upon childbirth, and
while her child is dependent, including but not limited to the following information that shall
indicate the agency's or service's physical address, telephone number, and web address if
available:

(a) Information about public and private agencies which provide medical assistance
benefits that may be available for prenatal care, childbirth, and neonatal care, and easily
comprehensible information on how to apply for such benefits.

(b) Public and private pregnancy resource centers that provide information and
services such as free abortion alternatives counseling, prenatal care, pantry services and
parenting skills, and that do not refer, counsel, perform, induce, prescribe, or provide any
means for abortion.

(c) Information about the support obligations of the father of a child who is born
alive and information about the judicial enforcement of child support.

(d) Information on a separate and featured subpage of the department's website that
lists facilities that provide free obstetric ultrasound services under the provisions of R.S.
40:1061.10 and this Section.

(e) Information on a separate and featured webpage created and maintained by the
Department of Children and Family Services linked on the department's website, accessible
by redirecting from the domain name AdoptionOption.La.Gov, that lists public and private
nonprofit adoption agencies that are not affiliated with an abortion provider, along with
easily comprehensible first steps to aid a pregnant woman seeking to confidentially explore
the option of placing her child for adoption, and indicating whether the adoption agency
allows the woman to choose the adoptive parents.

(f) Information on the anatomical and physiological characteristics of the unborn
child pursuant to the provisions of this Section, including color photographs or images
consistent with the most current technology depicting the unborn child at two-week
gestational increments or closer.

(g) Information describing the various methods of abortion procedures, the
short-term and long-term medical risks associated with abortion, and the medical risks
associated with carrying a child to term.

(h) Information on the unborn child's ability to experience pain.

(i) Video clips that convey objective and medically accurate information about
abortion procedures, abortion risks, abortion alternative resources, and medically accurate
information on the development of an unborn child. Video clips may be produced with the
in-house resources of the department, or acquired for no cost to the state from third parties
if the video is approved by the secretary as providing objective and medically accurate
information.

(j) Information that helps women identify unlawful abortion coercion, including but
not limited to resources or hotlines that a minor or adult woman may call if she is
experiencing actual or threatened physical abuse or violence, loss of employment or
employment privileges, loss of eligible social assistance, loss of educational scholarship, or
loss of legally protected financial support or housing.

(k) Information to assist minors who are considering abortion, including parental
consent information, and resources to help minors seek the protection of state child welfare
services, temporary guardianship, or law enforcement authorities to report abuse as defined
in Children's Code Article 603. The information designed to assist minors shall also include
a link to pregnancy resource centers as defined in Subparagraph (1)(b) of this Subsection.

(2) The home page of the department's main website shall feature a button or other
link which accesses the department's abortion alternatives and informed consent website, and
the home page of such website shall feature user-friendly buttons that link to the information
required in this Section. The department shall ensure that the resources described in this
Section are comprehensive and user-friendly, and that they do not directly or indirectly
promote, exclude, or discourage the use of any agency or service described in this Section.

(3) No information regarding who uses the website shall be collected or maintained.
The department shall monitor the website to prevent and correct tampering and shall
immediately notify abortion providers of any change of the website address.

(4) The search capabilities on the department's main website shall ensure that
entering the term "abortion" yields the website and information required by this Section,
regardless of how the information is labeled.

(5) The information on the department's abortion alternatives and informed consent
website shall be printable. The printed materials required in Subsection D of this Section
shall be available to download from the website in a portable document format without cost.
The download of such information shall not be deemed to satisfy the requirements of
Subsection B of this Section.

(6) The department's abortion alternatives and informed consent website shall be
accessible to the public without requiring registration or use of a user name, a password, or
any user identification.

(7) The department's abortion alternatives and informed consent website shall have
the capability of detecting when it is being accessed by a mobile device and shall have the
capability of converting to a platform designed to be easily viewable on mobile devices.

(8) If an abortion provider has a website, the abortion provider's internet website
home page shall include a prominent link to the department's abortion alternatives and
informed consent website.

D. Publication of printed materials. The department shall cause to be published,
within one hundred twenty days after enactment of this Act and shall update on an annual
basis or as needed, the following printed materials, which shall also be included as printable
portable document format documents from the department's website:

(1) The signs provided for in the Forced Abortion Prevention Sign Act, R.S.
40:1061.15.

(2)(a) A list arranged geographically of Louisiana-based public or private nonprofit
agencies, including the name, physical address, website address if available, and telephone
number of each of the following:

(i) Entities that offer obstetric ultrasounds free of charge.

(ii) Entities that offer free and confidential counseling to a woman considering
placing her child for adoption, along with the information provided pursuant to Subparagraph
(C)(1)(e) of this Section.

(b) The lists provided for in this Subsection shall not include any facility that
counsels, refers, performs, induces, prescribes, or provides any means for abortion.

(3) A printed booklet that features the web address of the department's dedicated
pregnancy resource website printed in a bold large typeface. The booklet shall contain an
outline of the various topics on the website as provided in Subsection C of this Section along
with an explanation that more detailed information can be found at the department's website.
The printed booklet shall state that it is unlawful for any individual to coerce a minor or
adult woman to undergo an abortion, that any physician who performs an abortion upon a
woman without her informed consent may be liable to her for damages in a civil action at
law, and that the law permits adoptive parents to pay costs of prenatal care, childbirth, and
neonatal care.

(a) The department's website and printed booklet shall include the following
statements:

(i) "There are many public and private agencies willing and able to help you to carry
your child to term, and to assist you and your child after your child is born, whether you
choose to keep your child or to place her or him for adoption. The state of Louisiana strongly
urges you to consult an independent physician about the risks of abortion to your physical
and psychological well-being and to contact the resources provided on our website before
making a final decision about abortion. The law requires that the abortion provider give you
the opportunity to contact agencies like these before you undergo an abortion."

(ii) "By twenty weeks gestation, the unborn child has the physical structures
necessary to experience pain. There is evidence that by twenty weeks gestation unborn
children seek to evade certain stimuli in a manner which in an infant or an adult would be
interpreted to be a response to pain. Anesthesia is routinely administered to unborn children
who are twenty weeks gestational age or older who undergo prenatal surgery."

(b) The printed booklet shall include materials that inform the pregnant woman of
the probable anatomical and physiological characteristics of the unborn child at a minimum
of two-week gestational increments from fertilization to full term, including color
photographs or medical images consistent with the most current technology depicting the
development of unborn children, and any relevant information on the possibility of the
unborn child's survival; provided that any such color photographs or images shall contain the
dimensions of the unborn child and shall be medically accurate. The materials shall be
objective, nonjudgmental, and designed to convey only accurate scientific information about
the unborn child at the various gestational ages. The material shall also contain objective
information describing the methods of abortion procedures, the short-term and long-term
medical risks associated with abortion as supported by peer-reviewed medical journals, and
the medical risks associated with carrying a child to term.

(4) A certification form to be used by physicians or their agents as provided in this
Section, which will list all the items of information which are to be given to women by
physicians or their agents as required by this Section.

E. The materials provided for in Subsection D of this Section shall be printed in a
typeface large enough to be clearly legible, and shall be available at no cost from the
department upon request and in appropriate number to any person, facility, or hospital. The
department's abortion alternatives and informed consent website shall contain information
on ordering printed materials. The department shall promulgate rules and regulations relative
to the methods of distribution of printed materials.

F. Medical emergency. Where a medical emergency compels the performance of an
abortion, the physician shall orally inform the woman, before the abortion, if possible, of the
medical indications supporting his judgment that an abortion is necessary to avert her death
or to avert substantial and irreversible impairment of a major bodily function.

G. Reporting requirements. Any physician who has provided the information and
materials to any woman in accordance with the requirements of this Section shall provide to
the department:

(1) With respect to a woman upon whom an abortion is performed, all information
as required by R.S. 40:1061.21 as well as the date upon which the information and materials
required to be provided under this Section were provided, as well as an executed copy of the
certification form required by this Section.

(2) With respect to any woman to whom the printed and oral information and
materials have been provided in accordance with this Section, but upon whom the physician
has not performed an abortion, the name and address of the facility where the required
information was provided and if executed by the woman, a copy of the certification form
required by this Section.

H. Criminal penalties.

(1) Any person who intentionally, knowingly, or recklessly fails to comply with all
the requirements of this Section shall be subject to the penalties provided in R.S. 40:1061.29.

(2) No physician shall be guilty of violating this Section if he or she can demonstrate,
by a preponderance of the evidence, that he or she reasonably believed that furnishing the
required information would have resulted in a severely adverse effect on the physical or
mental health of the pregnant woman, provided that the pregnancy is terminated in a licensed
hospital and that it is necessary, as certified with supporting medical reasons by the physician
in the woman's medical record, to avert the woman's death or avoid serious risk of substantial
and irreversible impairment of a major bodily function, or to induce the premature delivery
of an unborn child who is eighteen weeks gestational age or greater when the physician has
made a good faith medical judgment that the unborn child's medical condition is such that
there is no realistic possibility of maintaining the life of the unborn child outside the womb
even if the unborn child were to be delivered after a full-term pregnancy.

I. Limitation on civil liability. Any physician who complies with the provisions of
this Section may not be held civilly liable to his patient for failure to obtain informed consent
to the abortion under this Section. Any and all other rights and remedies are preserved to the
patient.

J. Construction.

(1) Nothing in this Section shall be construed as creating or recognizing a right to
abortion.

(2) It is not the intention of this Section to make lawful an abortion that is unlawful
upon the effective date of this Act, or which later becomes unlawful.

(3) The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1995, No. 648, §1, eff. June 20, 1995; Acts 2007, No. 282, §1; Acts 2010, No. 888, §1; Acts 2011, No. 411, §1; Acts 2012, No. 685, §1; Redesignated from R.S. 40:1299.35.6 by HCR 84 of 2015 R.S.; Acts 2016, No. 97, §1; Acts 2018, No. 319, §1; Acts 2019, No. 198, §1, eff. June 11, 2019; Acts 2022, No. 271, §4; Acts 2022, No. 545, §3.*

##### **§ 40:1061.17.1** Development of AdoptionOption.La.Gov website; task force {#sec-40-1061.17.1 omnilex-key=us-la-statutes--rs-title-40--40:1061.17.1}

The legislature hereby establishes a task force within the Louisiana Department of
Health to advise the secretary of the department concerning the preparation of the printed and
internet materials provided for in R.S. 40:1061.17(C)(1)(e) and (D), and to develop public
education initiatives to publicize the information in a manner consistent with state law. The
task force shall be composed of the following members:

(1) Not more than two licensed clinical social workers licensed by the Louisiana
State Board of Social Work Examiners, each of whom shall have experience in assisting
birth mothers in navigating the adoption process, appointed by the governor.

(2) Not more than two Louisiana residents who provide pre-abortion or post-abortion
counseling in association with a nonprofit organization that does not counsel for or provide
abortion, appointed by the governor.

(3) Not more than two attorneys licensed in Louisiana and employed by nonprofit
organizations who specialize in advocacy for women at risk of being coerced into abortion,
or who specialize in navigating the adoption process, appointed by the governor.

(4) Not more than two Louisiana residents who are employed by public or private
nonprofit adoption agencies, appointed by the governor.

(5) Not more than two executive directors of Louisiana nonprofit organizations that
promote adoption as an alternative to abortion, or their designees.

(6) Two members of the Senate appointed by the president.

(7) Two members of the House of Representatives appointed by the speaker.

(8) The secretary of the Louisiana Department of Health or his designee, who shall
serve as a co-chairperson of the task force.

(9) The secretary of the Department of Children and Family Services or his designee,
who shall serve as a co-chairperson of the task force.

*Acts 2018, No. 319, §1.*

##### **§ 40:1061.18** Abortion sought due to rape or certain acts of crime against nature; reporting and certification {#sec-40-1061.18 omnilex-key=us-la-statutes--rs-title-40--40:1061.18}

A. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a
pregnancy resulting from an alleged act of rape, prior to the abortion all of the following
requirements shall be met:

(1) The rape victim shall report the rape to a law enforcement official unless the
treating physician certifies in writing that in the physician's professional opinion, the victim
was too physically or psychologically incapacitated to report the rape.

(2) The victim certifies that the pregnancy is the result of rape, which certificate shall
be witnessed by the treating physician.

B. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a
pregnancy resulting from an alleged act of crime against nature as defined by R.S.
14:89(A)(2), prior to the abortion all of the following requirements shall be met:

(1) The victim of crime against nature as defined by R.S. 14:89(A)(2) shall report
the act to a law enforcement official unless the treating physician certifies in writing that in
the physician's professional opinion the victim was too physically or psychologically
incapacitated to report the act.

(2) The victim certifies that the pregnancy is the result of crime against nature as
defined by R.S. 14:89(A)(2), which certificate shall be witnessed by the treating physician.

C. The failure of the victim to comply with Subsection A or B, as applicable, shall
not subject the victim to the provisions of R.S. 40:1061.28.

D. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a
pregnancy resulting from an alleged act of rape or crime against nature as defined by R.S.
14:89(A)(2), the victim may request spiritual counseling and shall be offered the same
informed consent information, without the seventy-two-hour or twenty-four-hour delay,
whichever may be applicable pursuant to R.S. 40:1061.17(B), prior to the performance of the
abortion.

*Acts 1994, 4th Ex. Sess., No. 1, §1, eff. Aug. 23, 1994; Acts 2005, No. 421, §1; Acts 2014, No. 602, §6, eff. June 12, 2014; Redesignated from R.S. 40:1299.35.7 by HCR 84 of 2015 R.S.; Acts 2016, No. 97, §1.*

##### **§ 40:1061.19** Records {#sec-40-1061.19 omnilex-key=us-la-statutes--rs-title-40--40:1061.19}

A. In addition to any other duty that may be imposed by state law or regulations, each
physician who performs or induces an abortion, the medical director of the facility where an
abortion is performed or induced, the administrator of an abortion facility, each abortion
facility, and each owner of an abortion facility shall have an independent duty to ensure that
a designated custodian of records for the facility obtains, retains, and makes part of the
medical record of each pregnant woman upon whom an abortion is performed or induced at
least one copy of each of the following documents:

(1) The certificate required by R.S. 40:1061.13.

(2) If the pregnant woman is an unemancipated minor, one of the following:

(a) A notarized consent form and copies of identification as provided for in R.S.
40:1061.14(A)(1).

(b) A court order required by R.S. 40:1061.14(B), if applicable.

(3) The consent form required by R.S. 40:1061.17.

(4) The reports required by R.S. 40:1061.21.

(5) The certificate required by R.S. 40:1061.23, if applicable.

(6) The signed certification form provided for in R.S. 40:1061.16(C) indicating that
the woman or minor female acknowledged receipt of informational materials concerning
psychological impacts, illegal coercion, abuse, and human trafficking.

(7) Any report made pursuant to Title VI of the Children's Code and any other report
made to law enforcement in relation to the patient.

B. The individuals listed in Subsection A of this Section and the abortion facility
shall each have an independent duty to ensure that the custodian of records for the abortion
facility where the abortion was performed or induced retains the documents required in
Subsection A of this Section for not less than seven years for adult patients and not less than
ten years from the age of majority for minor patients. The ten-year period for minors shall
begin to run when the patient attains the age of eighteen; provided, however, that in any case
where the patient has reported facts that would require reporting under Title VI of the
Children's Code, the retention period shall be thirty years.

C. For purposes of this Section, "owner" shall include each person with an ownership
interest totaling five percent or more in an abortion facility.

D.(1) Any person who intentionally or negligently fails to comply with the
requirements of this Section or any duty recognized therein shall be subject to the penalties
provided for in R.S. 40:1061.29.

(2) Any abortion facility that fails to comply with the requirements of this Section
or any duty recognized therein shall be subject to the penalties provided for in R.S.
40:1061.29.

(3) Each medical record that does not include the documents identified in Subsection
A of this Section, or which is not retained for the time specified in Subsection B of this
Section, shall constitute a separate incidence or occurrence for purposes of R.S. 40:1061.29,
and shall constitute a continuing violation until the relevant retention period specified in
Subsection B of this Section has expired.

E.(1) In addition to the remedies provided in this Section and any other remedies
available under the laws of this state, a person listed in Subsection A of this Section who,
either intentionally or with negligence, fails to obtain, make part of a medical record, or
retain any document in compliance with this Section may be temporarily or permanently
disqualified from performing or inducing an abortion, applying for a medical facility license,
or otherwise operating or managing a medical facility in this state.

(2) For purposes of this Subsection, "operating" or "managing" shall include acting
as an owner, governing board member, physician, medical director, administrator, or in any
comparable role or title in which the individual has executive responsibility for the medical
facility or has professional medical responsibility for patient care.

F. Each abortion facility, as a condition of obtaining and maintaining a license under
R.S. 40:2175.1 et seq., shall establish a written record retention and archiving policy, which
shall be submitted within thirty days of June 22, 2019, to the department. The department
shall review and approve the policy within ninety days of its receipt. During the pendency
of the ninety days, the facility shall be deemed in compliance with this Section and if the
department fails to act within ninety days of receipt of the proposed policy, the policy shall
be deemed approved. The policy shall be signed by the individuals identified in Subsection
A of this Section who shall acknowledge their legal obligations and acknowledge receiving
a copy of the policy.

G. A person may comply with this Section by depositing a copy of each document
required by Subsection A of this Section with the department in an organized and readily
accessible format. The department shall have a cause of action against the persons identified
in Subsection A of this Section for the reasonably anticipated cost of storing the documents
for the required period of time, for which those persons shall be liable in solido.

H. The provisions of R.S. 40:1061.1 shall apply to this Section.

Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981,
No. 774, §1, eff. July 23, 1981; Acts 2014, No. 569, §2, special eff. date; Redesignated from
R.S. 40:1299.35.8 by HCR 84 of 2015 R.S; Acts 2017, No. 165, §1; Acts 2019, No. 435, §1,
eff. June 22, 2019; Acts 2022, No. 545, §3.

NOTE: See Acts 2014, No. 569, §3, regarding effective date.

##### **§ 40:1061.20** Conscience in health care protection; definitions {#sec-40-1061.20 omnilex-key=us-la-statutes--rs-title-40--40:1061.20}

A.(1) Any person has the right not to participate in, and no person shall be required
to participate in any health care service that violates his conscience to the extent that patient
access to health care is not compromised. No person shall be held civilly or criminally liable,
discriminated against, dismissed, demoted, or in any way prejudiced or damaged for
declining to participate in any health care service that violates his conscience.

(2) This Section shall not prevent an inquiry by an employer or patient regarding
whether a person declines to participate in any health care service that violates its conscience.
When a patient requests health care services, a person shall identify, in writing, as soon as
practicable, his declination to provide a service in accordance with the provisions of this
Section. All persons who have a sincerely held religious belief or moral conviction and who
seek employment at a health care facility shall notify the prospective employer of the
existence of any sincerely held religious belief or moral conviction. Any health care facility
that employs a person with a sincerely held religious belief or moral conviction shall ensure
that the health care facility has sufficient staff to provide patient care in the event an
employee declines to participate in any health care service that violates his conscience.

(3) The provisions of this Section shall not be construed to relieve any health care
provider from providing emergency care as required by state or federal law.

(4) A person shall notify his employer in writing as soon as practicable of any health
care service that violates his conscience. A person shall notify any patient before such
person provides any consultation or service to the patient of the existence of a health care
service that he will decline to provide because the health care service violates his conscience.

B. For purposes of this Section:

(1) "Conscience" means sincerely held religious belief or moral conviction.

(2) "Health care service" is limited to abortion, dispensation of abortifacient drugs,
human embryonic stem cell research, human embryo cloning, euthanasia, or physician-assisted suicide.

C. A suit alleging a violation of this Section shall be brought in a district court in
accordance with R.S. 23:303.

D. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Acts 2009, No. 372, §1; Redesignated from R.S. 40:1299.35.9 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.21** Reports {#sec-40-1061.21 omnilex-key=us-la-statutes--rs-title-40--40:1061.21}

A. An individual abortion report for each abortion performed or induced shall be
completed by the attending physician. The report shall be confidential and shall not contain
the name or address of the woman. The report shall include all of the following:

(1) Patient number.

(2) Name and address of the facility at which the abortion was performed or induced.

(3) Date of abortion.

(4) The parish and zip code, if any, in which the pregnant woman resides.

(5)(a) Age of pregnant woman.

(b) If the pregnant woman is a minor, the report shall include all of the following:

(i)(aa) A notation of whether the abortion was performed pursuant to either notarized
parental consent or a judicial bypass order as provided for in R.S. 40:1061.14.

(bb) If the abortion was performed pursuant to a judicial bypass order as provided
for in R.S. 40:1061.14, the report shall indicate the judicial district of the court that issued
the order.

(ii) A notation indicating whether or not the physician or any other staff member of
the abortion facility suspected that the minor was the victim of any form of child abuse or
neglect and filed a report of such abuse or neglect in accordance with Children's Code Article
610.

(c) If the pregnant woman is a minor and the abortion was performed pursuant to a
judicial bypass order as provided for in R.S. 40:1061.14, the report shall include all of the
following:

(i) A notation indicating whether or not the minor was required to participate in an
evaluation and counseling session with a mental health professional from the Louisiana
Department of Health or a staff member from the Department of Children and Family
Services as provided for in R.S. 40:1061.14(B)(3)(b).

(ii) A notation indicating whether or not the court issued a protective order for the
minor, afforded her the continued services of a court-appointed special advocate, or did both,
as authorized in R.S. 40:1061.14(B)(4)(c).

(iii) A notation of whether the judicial bypass was granted because of a finding that
the minor girl was mature and capable of giving informed consent, as provided for in R.S.
40:1061.14(B)(4)(b).

(iv) A notation of whether the judicial bypass was granted because of a finding that
the performance of the abortion without parental notification and consent was in the best
interest of the minor, as provided for in R.S. 40:1061.14(B)(6).

(v) A notation of whether or not the physician or any other staff member of the
abortion facility referred the woman to any licensed professional for post-abortion
counseling.

(vi) A notation of whether or not the physician or any other staff member of the
abortion facility referred the woman to the Louisiana Department of Health or the
Department of Children and Family Services for any health services or other human services.

(6) Race.

(7) Marital status.

(8) Number of previous pregnancies.

(9) Educational background.

(10) Number of living children.

(11) Number of previous induced abortions.

(12) Date of last induced abortion.

(13) Date of live birth.

(14) Method of contraception at time of conception, if any.

(15) Date of beginning of last menstrual period.

(16) Medical condition of woman at time of abortion.

(17) Rh type of pregnant woman.

(18) A photographic print or image produced as the result of the ultrasound test
required by R.S. 40:1061.10(D).

(19) Type of abortion procedure.

(20) Reason for abortion.

(21) Complications by type.

(22) Type of procedure done after the abortion.

(23) Type of family planning recommended.

(24) Type of additional counseling given.

(25) Signature of attending physician.

(26) Copies, with the name and address obliterated, of the election forms,
certificates, and consent forms required pursuant to the provisions of this Chapter.

B. An individual complication report for any post-abortion care performed upon a
woman shall be completed by the physician providing such post-abortion care. The report
shall include:

(1) The date of the abortion.

(2) The name and address of the facility where the abortion was performed or
induced.

(3) The nature of the abortion complication diagnosed or treated.

(4) The name and address of the facility where the post-abortion care was performed.

C. All abortion reports shall be signed by the attending physician and submitted to
the Louisiana Department of Health within thirty days after the date of the abortion. All
complication reports shall be signed by the physician providing the post-abortion care and
submitted to the Louisiana Department of Health within thirty days after the date of the
completion of the post-abortion care.

D.(1) The Louisiana Department of Health shall be responsible for collecting all
abortion reports and complication reports and collating and evaluating all data gathered
therefrom, and shall annually publish a statistical report based on such data from abortions
performed in the previous calendar year.

(2) The annual report required by this Subsection shall include a special section
addressing abortions performed on minors. This section of the report shall feature, at
minimum, a compilation of the information required by the provisions of Paragraph (A)(5)
of this Section to be included in individual abortion reports.

E. The Louisiana Department of Health shall, on a quarterly basis, provide to the
Department of Children and Family Services and to the attorney general copies of all
abortion reports in which a minor pregnant woman under the age of thirteen received an
abortion.

F. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1986, No. 948, §1; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2012, No. 685, §1; Redesignated from R.S. 40:1299.35.10 by HCR 84 of 2015 R.S.; Acts 2017, No. 165, §1; Acts 2021, No. 425, §1; Acts 2021, No. 482, §1; Acts 2022, No. 545, §3.*

##### **§ 40:1061.22** Forms {#sec-40-1061.22 omnilex-key=us-la-statutes--rs-title-40--40:1061.22}

A. The Louisiana Department of Health shall make available to physicians
performing abortions in this state the forms for preparing the records and reports required
pursuant to the provisions of this Chapter.

B. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 2012, No. 685, §1; Redesignated from R.S. 40:1299.35.11 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.23** Emergency {#sec-40-1061.23 omnilex-key=us-la-statutes--rs-title-40--40:1061.23}

The provisions of this Chapter shall not apply when a medical emergency compels
the immediate performance of an abortion because the continuation of the pregnancy poses
an immediate threat and grave risk to the life or serious health risk to the unborn child's
mother. Within twenty-four hours, the attending physician shall certify to the medical
emergency for the abortion and shall enter such certification in the medical record of the
pregnant woman.

Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1999,
No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2014, No.
569, §2, special eff. date; Redesignated from R.S. 40:1299.35.12 by HCR 84 of 2015 R.S.;
Acts 2022, No. 545, §3.

NOTE: See Acts 2014, No. 569, §3, regarding effectiveness.

##### **§ 40:1061.24** Experimentation {#sec-40-1061.24 omnilex-key=us-la-statutes--rs-title-40--40:1061.24}

A. No person shall experiment on an unborn child or on a child born as the result of
an abortion, whether the unborn child or child is alive or dead, unless the experimentation
is therapeutic to the unborn child or child.

B. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.13 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.25** Remains; disposal in accordance with applicable regulations; post-abortion harvesting of fetal organs prohibited; penalties {#sec-40-1061.25 omnilex-key=us-la-statutes--rs-title-40--40:1061.25}

A.(1) Each physician who performs or induces an abortion which does not result in
a live birth shall ensure that the remains of the child are disposed of by interment or
cremation, in accordance with the provisions of R.S. 8:651 et seq., except in the case of an
abortion induced by the administration of medications when the evacuation of any human
remains occurs at a later time, neither in the presence of the inducing physician nor at the
facility in which the physician administered the inducing medications.

(2) The department shall promulgate in accordance with the Administrative
Procedure Act all rules as are necessary to facilitate the transfer and burial of aborted human
remains in a manner consistent with the transfer and burial of unclaimed human remains.

B. With respect to post-abortion harvesting of fetal organs, tissues, and cells, the
legislature hereby finds the following:

(1) The United States Supreme Court decision of *Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973)* , and its progeny establish a constitutionalized right of a
woman to choose to terminate her pregnancy. However, the court has never endorsed a right
to harvest the body parts of unborn human beings, whether for profit or donation.

(2) The protocol known commonly as the "dead donor rule" is a longstanding ethical
norm that protects the integrity of human organ donation by providing that organ donors
must be dead before procurement of organs begins, and that organ procurement itself must
not cause the death of the donor. The harvesting of organs, tissues, and cells from unborn
children whose deaths are directly caused by induced abortion violate the dead donor rule in
both respects due to the following conditions:

(a) The unborn children are alive when the fetal repositioning and crushing point
decisions are made by the abortion provider with the goal of procuring intact fetal hearts,
lungs, livers, brains, and other organs and tissues.

(b) The repositioning of the fetus and crushing above and below the thorax to
procure intact fetal organs, tissues, and cells is itself the cause of death of the human being
from whom the organs are then harvested.

(c) The human being whose fetal organs are procured does not have the capacity to
consent to organ donation, and proxy consent for donation by the unborn child's mother is
invalid given that the unborn child is alive at the time the consent forms are signed.

(3) The practice of presenting fetal organ donation forms to pregnant women
considering their options constitutes unethical undue influence and coercion, and amounts
to an incentive to actively participate in the killing of a living human being for the
speculative and attenuated benefit of helping researchers.

(4) Regardless of whether prior proxy consent obtained from the mother is ethical
and proper for an unborn child whose death is imminent due to natural miscarriage, it is a
gross violation of ethical norms to unduly coerce a mother who is considering pregnancy
options to directly participate in the decision to cause the death of her living unborn child for
the speculative and attenuated benefit that may come from scientific experimentation.

(5) States are free to ban the practice of selling or donating the bodies of human
beings killed by abortion because federal law does not preempt that area of law. Particularly,
42 U.S.C. 289g-1(e) allows for the conduct of fetal tissue transplantation only in accordance
with applicable state and local law.

C.(1) Except as provided in Subsection D of this Section, it shall be unlawful for any
person or entity to buy, sell, donate, accept, distribute, or otherwise transfer or use for any
purpose the intact body of a human embryo or fetus whose death was knowingly caused by
an induced abortion, or the human organs, tissues, or cells obtained from a human embryo
or fetus whose death was knowingly caused by an induced abortion.

(2) Whoever violates the provisions of this Subsection shall be subject to civil
penalties relative to abortion, generally, provided in R.S. 40:1061.29.

D.(1) Nothing in this Section shall be construed to prohibit final disposition of the
bodily remains of the aborted human being in accordance with state law, or to prohibit any
conduct permitted under state law that is undertaken with any of the following purposes:

(a) The purpose of providing knowledge solely to the mother, such as for
pathological or diagnostic purposes.

(b) The purpose of providing knowledge solely to law enforcement officers, such as
the case of an autopsy following a feticide.

(2) Nothing in this Section shall be construed to prohibit any transaction related to
the donation of bodily remains from a human embryo or fetus whose death was caused by
a natural miscarriage or stillbirth, in accordance with the guidelines and prohibitions
provided in applicable state and federal law.

E. Nothing in this Section shall be construed to alter generally accepted medical
standards, affect existing federal or state law regarding the practice of abortion, or to create
or recognize a right to abortion.

F. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.14 by HCR 84 of 2015 R.S.; Acts 2016, No. 593, §1; Acts 2018, No. 204, §1, eff. May 15, 2018; Acts 2022, No. 545, §3.*

##### **§ 40:1061.26** Instructions to be provided subsequent to abortion {#sec-40-1061.26 omnilex-key=us-la-statutes--rs-title-40--40:1061.26}

A. Any physician who shall perform or induce an abortion shall, subsequent to the
abortion being performed or induced, provide his patient with specific oral and written
medical instructions to be followed by that patient in order to ensure her safe recovery from
the abortion.

B. The provisions of R.S. 40:1061.1 shall apply to this Section.

*Added by Acts 1978, No. 435, §1; Redesignated from R.S. 40:1299.35.15 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.*

##### **§ 40:1061.27** Repealed by Acts 2022, No. 545, §4. {#sec-40-1061.27 omnilex-key=us-la-statutes--rs-title-40--40:1061.27}

*Repealed by Acts 2022, No. 545, §4.*

##### **§ 40:1061.28** Partial birth abortion; civil action against abortionist {#sec-40-1061.28 omnilex-key=us-la-statutes--rs-title-40--40:1061.28}

A. No licensed physician or any other person shall perform a partial birth abortion
on a female unless the procedure performed is necessary because of a medical emergency or
to save the life of the mother.

B. Repealed by Acts 2022, No. 545, §4.

C. Any person who is not a physician or not otherwise legally authorized by the state
to perform abortions, but who nevertheless directly performs a partial birth abortion, shall
be subject to the provisions of this Section.

D. There is hereby created a cause of action for civil damages for injuries and
wrongful death as more fully set forth in Louisiana Civil Code Articles 2315.1 and 2315.2,
except that such causes of action shall only be maintained by the following persons:

(1) The natural or biological father of the aborted infant or fetus, unless such father's
criminal conduct caused the pregnancy.

(2) The mother of the aborted infant or fetus, unless the mother is a person of the full
age of majority and consented to the partial birth abortion.

(3) The parents or guardian on behalf of the mother of the aborted infant or fetus if
the mother was a minor at the time of the abortion, unless the parents or guardian consented
to the partial birth abortion.

E.(1) A physician charged with an offense under this Section may seek a hearing
before the Louisiana State Board of Medical Examiners on whether the physician's conduct
was necessary to save the life of the mother whose life was endangered by a physical
disorder, physical illness, or physical injury, including a life-endangering physical condition
caused by or arising from the pregnancy itself.

(2) The findings on that issue are admissible on that issue at the trial of the physician.
Upon motion of the physician, the court shall delay the beginning of the trial for not more
than thirty days to permit such hearing to take place.

*Acts 2007, No. 473, §2, eff. July 12, 2007; Redesignated from R.S. 40:1299.35.17 by Acts 2008, No. 220, §14; Redesignated from R.S. 40:1299.35.18 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 4.*

##### **§ 40:1061.29** Penalties {#sec-40-1061.29 omnilex-key=us-la-statutes--rs-title-40--40:1061.29}

A. Whoever violates the provisions of this Chapter shall be fined not more than one
thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or
both.

B. Whoever violates the provisions of this Chapter shall be subject to a civil fine of
one thousand dollars per incidence or occurrence. In addition to any other authority granted
by the constitution and laws of this state, the attorney general shall have the authority to
pursue the civil fines provided for in this Section.

C. In addition to whatever remedies are otherwise available under the law of this
state, failure to comply with the provisions of this Chapter shall:

(1) Provide a basis for a civil malpractice action. Such an action may be brought by
the woman upon whom the abortion was performed. Any intentional violation of this
Chapter shall be admissible in a civil suit as prima facie evidence of a failure to comply with
the requirements of this Chapter. When requested, the court shall allow a woman to proceed
using solely her initials or a pseudonym and may close any proceedings in the case and enter
other protective orders to preserve the privacy of the woman upon whom the abortion was
performed.

(2) Provide a basis for professional disciplinary action, including but not limited to
any action authorized under R.S. 37:1261 et seq.

(3) Provide a basis for recovery for the woman for the death of her unborn child
under Civil Code Article 2315.2, whether or not the unborn child was viable at the time the
abortion was performed, or was born alive.

(4) Provide a basis for the attorney general, the district attorney in whose jurisdiction
the violation occurred, or the secretary of the department to obtain a writ of injunction, which
shall not be subject to being released upon bond. The trial of the proceeding shall be
summary and by the judge without a jury.

*Added by Acts 1978, No. 435, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.18 by Acts 2008, No. 220, §14; Acts 2011, No. 411, §1, eff. Aug. 15, 2011; Acts 2013, No. 259, §1, eff. June 10, 2013; Redesignated from R.S. 40:1299.35.19 by HCR 84 of 2015 R.S.; Acts 2019, No. 435, §1, eff. June 22, 2019.*

##### **§ 40:1061.30** Suspension or revocation of license; grounds; action to close outpatient abortion clinic {#sec-40-1061.30 omnilex-key=us-la-statutes--rs-title-40--40:1061.30}

A. In addition to any violation of this Chapter, the following acts shall subject
licensed outpatient abortion facilities to the provisions of R.S. 40:2175.6 regarding license
suspension or revocation:

(1) Systematically, intentionally, or deliberately falsifying or destroying patient files
or records in violation of R.S. 40:1061.17.

(2) Completing in advance of an appointment with a woman seeking abortion any
portion of patient records or forms required by R.S. 40:1061.17 to include patient-specific
data or a physician's signature.

B. The provisions of R.S. 40:2175.9 and R.S. 40:2175.10 shall apply to this Chapter.

*Acts 2018, No. 564, §1; Acts 2022, No. 545, §3.*

##### **§ 40:1061.31** Compatible with Love Empowerment Act {#sec-40-1061.31 omnilex-key=us-la-statutes--rs-title-40--40:1061.31}

A. No more than seventy-two hours after a pregnant woman is informed that her
unborn child has a fetal abnormality diagnosis, the healthcare provider who gave the
diagnosis shall provide to the woman an informational document that includes resources,
programs, and services for pregnant women and resources, programs, and services for infants
and children born with disabilities.

B. The Louisiana Department of Health shall develop an informational document to
comply with the mandate established in this Section to include resources, programs, and
services for a pregnant woman whose unborn child has been diagnosed with a fetal
abnormality and resources, programs, and services for infants and children born with
disabilities and shall make such information available to any requesting provider of women's
health care services and shall maintain the information on a link on the department's website.
The information shall include the availability of perinatal hospice and palliative care and
pediatric hospice and palliative care services located in Louisiana, nonprofit organizations
that provide support to women who carry a child to term in these situations, and mental
health services in Louisiana to support the mother and father of the child. The informational
document provided for in this Section may be merged with the informational document
mandated by R.S. 40:1061.1.4.

C. The provisions set forth in Subsection B of this Section shall include specific
instructions on how and where families of children with disabilities may apply for financial
assistance and financial benefits made available via the Medicaid program in this state and
similar programs.

*Acts 2024, No. 332, §1.*

##### **§ 40:1062** Redesignated to R.S. 40:1121.2 by HCR 84 of 2015 R.S. {#sec-40-1062 omnilex-key=us-la-statutes--rs-title-40--40:1062}

*Redesignated to R.S. 40:1121.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1062.1** Redesignated to R.S. 40:1121.3 by HCR 84 of 2015 R.S. {#sec-40-1062.1 omnilex-key=us-la-statutes--rs-title-40--40:1062.1}

*Redesignated to R.S. 40:1121.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1063** Redesignated to R.S. 40:1121.4 by HCR 84 of 2015 R.S. {#sec-40-1063 omnilex-key=us-la-statutes--rs-title-40--40:1063}

*Redesignated to R.S. 40:1121.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1064** Redesignated to R.S. 40:1121.5 by HCR 84 of 2015 R.S. {#sec-40-1064 omnilex-key=us-la-statutes--rs-title-40--40:1064}

*Redesignated to R.S. 40:1121.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1064.1** Redesignated to R.S. 40:1121.6 by HCR 84 of 2015 R.S. {#sec-40-1064.1 omnilex-key=us-la-statutes--rs-title-40--40:1064.1}

*Redesignated to R.S. 40:1121.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1065** Redesignated to R.S. 40:1121.7 by HCR 84 of 2015 R.S. {#sec-40-1065 omnilex-key=us-la-statutes--rs-title-40--40:1065}

*Redesignated to R.S. 40:1121.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1065.1** Redesignated to R.S. 40:1121.8 by HCR 84 of 2015 R.S. {#sec-40-1065.1 omnilex-key=us-la-statutes--rs-title-40--40:1065.1}

*Redesignated to R.S. 40:1121.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1066** Redesignated to R.S. 40:1121.9 by HCR 84 of 2015 R.S. {#sec-40-1066 omnilex-key=us-la-statutes--rs-title-40--40:1066}

*Redesignated to R.S. 40:1121.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1067** Redesignated to R.S. 40:1121.10 by HCR 84 of 2015 R.S. {#sec-40-1067 omnilex-key=us-la-statutes--rs-title-40--40:1067}

*Redesignated to R.S. 40:1121.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1068** Redesignated to R.S. 40:1121.11 by HCR 84 of 2015 R.S. {#sec-40-1068 omnilex-key=us-la-statutes--rs-title-40--40:1068}

*Redesignated to R.S. 40:1121.11 by HCR 84 of 2015 R.S.*

### **CHAPTER 5-A** HEALTH PROVISIONS: CHILDREN

#### **PART I** CHILDREN'S SPECIAL HEALTH SERVICES

##### **§ 40:1071** Statement of purpose {#sec-40-1071 omnilex-key=us-la-statutes--rs-title-40--40:1071}

A. In order to extend and improve, as far as practical under the conditions in this
state, services for children with special health care needs and in order to provide leadership
in the development and implementation of systems of care for the provision of medical,
surgical, corrective, social, and other services and facilities for the diagnosis, hospitalization,
and follow-up care which are family-centered, community-based, coordinated, and culturally
competent for children with special health care needs, the Louisiana Department of Health,
office of public health, is designated the agency of the state, through a program known as
"Children's Special Health Services", to cooperate with the United States under the terms of
Title V of the Social Security Act or any amendment thereof relating to services to these
children, and to receive and expend federal monies for such services.

B.(1) The legislature hereby declares that one of the most serious problems facing
medicine and the public health and welfare today is the absence of an adequate program to
assist in the treatment, habilitation, and rehabilitation of persons suffering from spina bifida
and other congenital or acquired spinal cord dysfunctions. Furthermore, it has been found
that a fully coordinated approach to early identification is presently lacking, and yet is
essential for guaranteeing the minimization of permanent disability.

(2) Therefore, in order to afford each citizen of the state of Louisiana every
opportunity to develop his or her fullest human potential, it is a purpose of this Part to
provide a comprehensive, coordinated approach to the care and treatment of spinal cord
dysfunctions.

*Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.111 by HCR 84 of 2015 R.S.*

##### **§ 40:1071.1** Definitions {#sec-40-1071.1 omnilex-key=us-la-statutes--rs-title-40--40:1071.1}

For the purposes of this Part, the following definitions shall apply:

(1) "Children with special health care needs" means children who have health
problems which require services beyond routine and basic care. This includes children with
disabilities, handicapping conditions, and chronic illnesses of sufficient severity to cause or
to be likely to cause impairments which could significantly limit major life activities.

(2) "Department" means the Louisiana Department of Health.

(3) "Multidisciplinary team" means a coordinated group of various professionals who
meet jointly to provide care and treatment for persons with spinal cord dysfunction.

(4) "Spinal cord disabled" means any individual under the age of twenty-one who
has a spinal cord disease, injury, neural tube defect, or hydrocephalus, whether congenital
or acquired, which results in partial or total loss of motor or sensory functions, or both, and
which results in partial or total disability, whether such disability is temporary or permanent.
This definition shall include spina bifida and other diseases of the spinal column.

*Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.112 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1071.2** Program for combating spinal cord disabilities; establishment {#sec-40-1071.2 omnilex-key=us-la-statutes--rs-title-40--40:1071.2}

A. The office of public health shall establish a plan for services to children with
special health care needs and shall promulgate any such rules and regulations as may be
necessary to place the plan into effect. Any such plan may provide for:

(1) The administration of the plan by the office of public health.

(2) The office of public health to make any reports as may be required by the federal
government.

(3) Accomplishing the purposes provided in R.S. 40:1071.

(4) Cooperation with medical, health, nursing, social work, and welfare groups and
organizations which provide services to children with physical disabilities.

(5) Such other provisions as may be deemed necessary to carry out the purposes of
this Part.

B. The secretary of the Louisiana Department of Health shall establish within the
office of public health a comprehensive program designed to provide for the coordinated
treatment, habilitation, and rehabilitation of persons suffering from congenital or acquired
spinal cord dysfunctions. The secretary shall promulgate rules and regulations necessary to
carry out the provisions of this Part in accordance with the Administrative Procedure Act.

*Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.113 by HCR 84 of 2015 R.S.*

##### **§ 40:1071.3** Program functions and responsibilities {#sec-40-1071.3 omnilex-key=us-la-statutes--rs-title-40--40:1071.3}

The secretary of the department shall develop and administer the program for
combating multiple handicapping conditions, which shall:

(1) Provide for the oversight of the regional multidisciplinary teams established
pursuant to R.S. 40:1071.4, the coordination of statewide care, and which shall serve as an
avenue for communication among the teams.

(2) Collect and disseminate information concerning the latest proven advances in
treatment methods for spinal cord dysfunctions.

(3) Work with all appropriate agencies, organizations, and individuals throughout
the state to develop a fully integrated statewide network of coordinated services for persons
with spinal cord disabilities, providing for all needed services, including but not limited to
early detection, all phases of emergency care, habilitation, rehabilitation, and follow-up care.

(4) Identify all possible and existing funding sources and other resources for each
service identified in the treatment plan for an individual for which he may be eligible and
assist such individual in obtaining the necessary funds from existing sources.

(5) Assist appropriate public and private agencies and individuals in development
of proposals for submission to the proper authorities for obtaining all available federal, state,
and private monies which could be applied towards the objectives of the program.

(6) Develop and implement a system for the early identification of persons with
congenital spinal cord disabilities and for referral of such persons for assistance, including
establishment of a voluntary central registry of such persons; and develop and implement a
system for the early identification of persons with acquired spinal cord disabilities, for the
referral of such persons for assistance, and for the mandatory reporting of spinal cord injuries
to a central registry without regard to the age of the injured person.

(7) Develop standards for determining financial eligibility for assistance in defraying
the cost of care and treatment of spinal cord dysfunctions.

(8) Inform parents of children with spinal cord disabilities, citizens, families, and
agencies of the availability of programs and services.

(9) Identify and cooperate with existing agencies, organizations, and individuals
offering services to persons with spinal cord disabilities.

(10) Identify service needs which cannot be adequately met by existing agencies.

(11) Repealed by Acts 1993, No. 468, §2, eff. June 9, 1993.

*Added by Acts 1981, No. 690, §2; Acts 1985, No. 343, §1, eff. July 9, 1985; Acts 1993, No. 468, §2, eff. June 9, 1993; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.114 by HCR 84 of 2015 R.S.*

##### **§ 40:1071.4** Multidisciplinary teams; establishment; personnel {#sec-40-1071.4 omnilex-key=us-la-statutes--rs-title-40--40:1071.4}

A. The department shall establish within the office of public health a network of
regional multidisciplinary teams of professionals, each team having a designated area of
responsibility within the state. Each such team shall constitute a regional spinal cord
disabilities treatment center. Each team shall develop channels of referral using local
community services within its respective area, so that each local physician and the families
of individuals with spinal cord dysfunctions within each region can be made aware of the
availability of the team, its goals, and its methods.

B. Each multidisciplinary team shall include but not be limited to the following:

(1) A medical coordinator, preferably a pediatrician.

(2) A neurosurgeon.

(3) An orthopedist.

(4) A urologist.

(5) A registered nurse.

(6) A social worker.

(7) A physical therapist.

C. The team may also consist of such other professionals as geneticists, stoma
therapists, occupational therapists, nutritionists, psychologists, a special educator, and a
vocational rehabilitation counselor. Other specialists may, from time to time, be called upon
from other areas of expertise as needed, but need not be team members.

*Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.115 by HCR 84 of 2015 R.S.*

##### **§ 40:1071.5** Funds {#sec-40-1071.5 omnilex-key=us-la-statutes--rs-title-40--40:1071.5}

The department may receive monies from any source, including state and federal
funds, grants, and gifts which shall be expended for the purposes designated in this Part.

*Added by Acts 1981, No. 690, §2; Redesignated from R.S. 40:1299.116 by HCR 84 of 2015 R.S.*

##### **§ 40:1071.6** Obesity; criteria for classification as a disease {#sec-40-1071.6 omnilex-key=us-la-statutes--rs-title-40--40:1071.6}

The state health officer shall classify obesity as a disease in all cases where the
person's body mass index (BMI) is 30 kg/m^2^, or where a person's body mass index (BMI) is
27 kg/m^2^ or greater and the person suffers from one or more of the following conditions or
diseases:

(1) Type II diabetes.

(2) Impaired glucose tolerance.

(3) Hyperinsulinemia.

(4) Dyslipidemia.

(5) Hypertension.

(6) Cardiovascular disease.

(7) Gastric reflux disease.

(8) Gall bladder disease.

(9) Osteoarthritis of the hips or knees.

(10) Sleep apnea.

(11) Cerebrovascular disease.

*Added by Acts 1999, No. 1316, §1; Redesignated from R.S. 40:1299.117 by HCR 84 of 2015 R.S.*

#### **PART II** CHROMOSOME DELETION DISORDERS

##### **§ 40:1073.1** Definitions {#sec-40-1073.1 omnilex-key=us-la-statutes--rs-title-40--40:1073.1}

In this Part, unless the context otherwise requires, the following definitions are
applicable:

(1) "Department" means the Louisiana Department of Health.

(2) "Early intervention services" means services that are designed to meet the
developmental needs of an infant or toddler with a disability, in any one or more of the
following areas:

(a) Physical development.

(b) Cognitive development.

(c) Communication development.

(d) Social or emotional development.

(e) Adaptive development.

(3) "Early intervention services provider" means any provider of early intervention
services to infants and toddlers with disabilities and their families. "Early intervention
services provider" includes but is not limited to the following:

(a) Special educators.

(b) Speech-language pathologists and audiologists.

(c) Occupational therapists.

(d) Physical therapists.

(e) Psychologists.

(f) Social workers.

(g) Nurses.

(h) Registered dieticians.

(i) Family therapists.

(j) Vision specialists, including ophthalmologists and optometrists.

(k) Orientation and mobility specialists.

(l) Pediatricians and other physicians.

*Acts 2014, No. 72, §1; Redesignated from R.S. 40:1300.381 by HCR 84 of 2015 R.S.*

##### **§ 40:1073.2** Velocardiofacial syndrome and 22q11.2 deletion syndrome; dissemination of information; rulemaking authority; costs {#sec-40-1073.2 omnilex-key=us-la-statutes--rs-title-40--40:1073.2}

A. The department shall make available materials regarding velocardiofacial
syndrome and 22q11.2 deletion syndrome to each early intervention services provider in this
state.

B. Each early intervention services provider may offer the materials to parents of a
child who is known by the provider to have at least two of the following conditions:

(1) Hypotonicity.

(2) Communication delay.

(3) Articulation disorder.

(4) Resonance disorder.

(5) Nasal regurgitation during feeding as an infant with no history of a cleft palate.

(6) Recurrent ear infections as well as diagnosis of cardiac anomaly, feeding
disorder, cleft palate, or submucosal cleft palate.

(7) Fine motor or gross motor skills delay.

C.(1) The department shall develop the materials required pursuant to this Section
using medically accurate, peer-reviewed literature.

(2) The materials made available by the department pursuant to this Section shall
include, at a minimum, all of the following:

(a) An explanation of velocardiofacial syndrome and 22q11.2 deletion syndrome
symptoms, diagnosis, and treatment options.

(b) Information on relevant state agency and nonprofit resources, parent support
groups, and available Medicaid waiver programs.

(c) A recommendation for follow-up with a healthcare provider for evaluation of the
underlying etiology and an explanation that the existence of any of the conditions listed in
Subsection B of this Section will not necessarily result in a diagnosis of velocardiofacial
syndrome or 22q11.2 deletion syndrome.

D. The department may adopt, in accordance with the Administrative Procedure Act,
any rules and regulations necessary to implement this Section.

E. In developing the materials required by this Section, the department may utilize
any available resources for the purposes of minimizing costs to the department.

*Acts 2014, No. 72, §1; Redesignated from R.S. 40:1300.382 by HCR 84 of 2015 R.S.*

#### **PART III** EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM

##### **§ 40:1075.1** Short title {#sec-40-1075.1 omnilex-key=us-la-statutes--rs-title-40--40:1075.1}

This Part shall be known and may be cited as the "Emergency Medical Services for
Children Program".

*Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.101 by HCR 84 of 2015 R.S.*

##### **§ 40:1075.2** Legislative intent {#sec-40-1075.2 omnilex-key=us-la-statutes--rs-title-40--40:1075.2}

The legislature finds and declares that:

(1) Traumatic injuries, such as automobile accidents, bicycle accidents, drownings,
and poisonings, are the most common cause of death in children over the age of one, and
children have a high death rate in these emergency situations.

(2) Children react differently than adults to stress, metabolize drugs differently, and
suffer different illnesses and injuries. Because of these differences, children's emergency
medical needs should be recognized.

(3) Emergency medical services training programs focus on adults and, therefore,
offer fewer hours of pediatric training. In addition, many emergency medical services
personnel have no clinical experience with children, indicating the need to improve training
of these personnel in pediatric emergencies.

(4) It is the public policy of this state that children are entitled to comprehensive
emergency medical services, including pre-hospital, hospital, and rehabilitative care.

*Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.102 by HCR 84 of 2015 R.S.*

##### **§ 40:1075.3** Definitions {#sec-40-1075.3 omnilex-key=us-la-statutes--rs-title-40--40:1075.3}

As used in this Part:

(1) "Advanced life support" means an advanced level of pre-hospital, interhospital,
and emergency service care which includes basic life support functions, cardiac monitoring,
cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic
agents, intravenous therapy, administration of specific medications, drugs and solutions, use
of adjunctive ventilation devices, trauma care, and other techniques and procedures
authorized in writing by the secretary pursuant to department regulations.

(2) Repealed by Acts 2013, No. 184, §4(B).

(3) "Basic life support" means a basic level of pre-hospital care which includes
patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control,
initial wound care and fracture stabilization, and other techniques and procedures authorized
by the secretary.

(4) "Coordinator" means the person coordinating the EMSC program.

(5) "Department" means the Louisiana Department of Health.

(6) "EMSC program" means the Emergency Medical Services for Children Program.

(7) "Emergency medical services personnel" means persons trained and certified or
licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of
a basic life support or advanced life support pre-hospital emergency care service or in an
emergency department or pediatric critical care or specialty unit in a licensed hospital.
Nothing in this Paragraph shall be deemed or construed to expand the duties or functions of
emergency medical services personnel as established by other provisions of law.

(8) "Pre-hospital care" means the provision of emergency medical care or
transportation by trained and certified or licensed emergency medical services personnel at
the scene of an emergency and while transporting sick or injured persons to a medical care
facility or provider.

(9) "Secretary" means the secretary of the Louisiana Department of Health.

*Acts 1995, No. 1306, §1; Acts 2013, No. 184, §4(B); Redesignated from R.S. 40:1300.103 by HCR 84 of 2015 R.S.*

##### **§ 40:1075.4** Emergency Medical Services for Children Program; establishment; administration; functions {#sec-40-1075.4 omnilex-key=us-la-statutes--rs-title-40--40:1075.4}

A. There is established within the Louisiana Department of Health, the Emergency
Medical Services for Children Program.

B. The secretary shall hire a full-time coordinator for the EMSC program who:

(1) Shall implement the EMSC program.

(2) May employ professional, technical, research, and clerical staff as necessary
within the limits of available appropriations.

(3) May solicit and accept grants of funds from the federal government and from
other public and private sources.

C. The EMSC program shall include, but not be limited to, the establishment of the
following:

(1) Initial and continuing education programs for emergency medical services
personnel that include training in the emergency care of infants and children.

(2) Guidelines for referring children to the appropriate emergency treatment facility.

(3) Pediatric equipment guidelines for pre-hospital care.

(4) Guidelines for hospital-based emergency departments appropriate for pediatric
care to assess, stabilize, and treat critically ill infants and children, either to resolve the
problem or to prepare the child for transfer to a pediatric intensive care unit or a pediatric
trauma center.

(5) Guidelines for pediatric intensive care units, pediatric trauma centers, and
intermediate care units fully equipped and staffed by appropriately trained critical care
pediatric physicians, surgeons, nurses, and therapists.

(6) An inter-hospital transfer system for critically ill or injured children.

(7) Pediatric rehabilitation units staffed by rehabilitation specialists and capable of
providing any service required to assure maximum recovery from the physical, emotional,
and cognitive effects of critical illness and severe trauma.

*Acts 1995, No. 1306, §1; Acts 2013, No. 184, §4(A); Redesignated from R.S. 40:1300.104 by HCR 84 of 2015 R.S.*

##### **§ 40:1075.5** Implementation; rules and regulations {#sec-40-1075.5 omnilex-key=us-la-statutes--rs-title-40--40:1075.5}

The secretary shall, pursuant to the Administrative Procedure Act, adopt rules and
regulations necessary to implement this Part.

*Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.106 by HCR 84 of 2015 R.S.*

##### **§ 40:1075.6** Costs {#sec-40-1075.6 omnilex-key=us-la-statutes--rs-title-40--40:1075.6}

The cost of compliance with the requirements of this Part shall be provided for in the
existing budget allocation for the department.

*Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.107 by HCR 84 of 2015 R.S.*

#### **PART IV** HEALTH SERVICES FOR CATASTROPHICALLY ILL CHILDREN

##### **§ 40:1077.1** Definitions {#sec-40-1077.1 omnilex-key=us-la-statutes--rs-title-40--40:1077.1}

As used in this Part, the following terms shall have the following meanings:

(1) "Pediatric" means children and youth eligible and certified for Medicaid
coverage, Louisiana Children's Health Insurance Program coverage, or coverage under a
Louisiana Medicaid waiver program or Louisiana Medicaid managed care program.

(2) "Unique provider of health services for catastrophically ill children" means an
institution designated by the National Cancer Institute as a Comprehensive Cancer Center
focused solely on pediatrics and that is a children's hospital dedicated to caring for children
with catastrophic illness and conducting basic and advanced research into catastrophic
childhood diseases such as cancers, acquired and inherited immunodeficiencies, and genetic
disorders.

*Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.311 by HCR 84 of 2015 R.S.*

##### **§ 40:1077.2** Reimbursement {#sec-40-1077.2 omnilex-key=us-la-statutes--rs-title-40--40:1077.2}

A. The secretary of the Louisiana Department of Health shall provide coverage and
reimbursement to a unique provider of health services for catastrophically ill children to the
same extent that it would provide coverage for services for those children furnished within
the boundaries of the state and shall ensure that reimbursement to such institution shall be
equal to the reimbursement rate of in-state children's hospitals for pediatric care. Such
reimbursements shall be less than five hundred thousand dollars in total expenditures in any
state fiscal year.

B. Implementation of the provisions of this Part shall be subject to the appropriation
of funds by the legislature for this purpose.

*Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.312 by HCR 84 of 2015 R.S.*

##### **§ 40:1077.3** Rules and regulations {#sec-40-1077.3 omnilex-key=us-la-statutes--rs-title-40--40:1077.3}

The Louisiana Department of Health shall promulgate rules and regulations, in
accordance with the Administrative Procedure Act, and take such other actions as are
necessary to implement the provisions of this Part. The Louisiana Department of Health
shall submit to and obtain approval from the Centers for Medicare and Medicaid Services
of a Medicaid State Plan Amendment that contains a reimbursement methodology that
restricts payments to the annual maximum established in this Part prior to implementation
of the provisions of this Part.

*Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.313 by HCR 84 of 2015 R.S.*

#### **PART V** MINOR'S CONSENT TO MEDICAL TREATMENT AND RELATED PROCEDURES

#### **SUBPART A** MINOR'S CONSENT; MISCELLANEOUS PROVISIONS

##### **§ 40:1079.1** Medical treatment {#sec-40-1079.1 omnilex-key=us-la-statutes--rs-title-40--40:1079.1}

A.(1) Consent to the provision of medical or surgical care or services by a hospital
or public clinic, or to the performance of medical or surgical care or services by a physician,
licensed to practice medicine in this state, when executed by a minor who is or believes
himself to be afflicted with an illness or disease, shall be valid and binding as if the minor
had achieved his majority. Any such consent shall not be subject to a later disaffirmance by
reason of his minority.

(2) A minor may consent to medical care or the administration of medication by a
hospital licensed to provide hospital services or by a physician licensed to practice medicine
in this state for the purpose of alleviating or reducing pain, discomfort, or distress of and
during labor and childbirth. The manner of administration of medications includes but is not
limited to intravenous, intramuscular, epidural, and spinal. This consent shall be valid and
binding as if the minor had achieved her majority, and it shall not be subject to a later
disaffirmance by reason of her minority.

B. The consent of a spouse, parent, guardian, or any other person standing in a
fiduciary capacity to the minor shall not be necessary in order to authorize such hospital care
or services or medical or surgical care or services, or administration of drugs to be provided
by a physician licensed to practice medicine to such a minor.

C. Upon the advice and direction of a treating physician, or, in the case of a medical
staff, any one of them, a physician or member of a medical staff may, but shall not be
obligated to, inform the spouse, parent or guardian of any such minor as to the treatment
given or needed, and such information may be given to, or withheld from the spouse, parent
or guardian without the consent and over the express objection of the minor.

D. No hospital and no physician licensed to practice medicine in this state shall incur
civil or criminal liability in connection with any examination, diagnosis and treatment
authorized by this Section except for negligence.

*Added by Acts 1972, No. 182, §1; Acts 1994, 3rd Ex. Sess., No. 18, §2, eff. July 6, 1994; Acts 2001, No. 884, §1; Redesignated from R.S. 40:1095 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1079.2** Treatment for drug abuse {#sec-40-1079.2 omnilex-key=us-la-statutes--rs-title-40--40:1079.2}

A. Consent to the provision of medical or surgical care or services by a hospital or
public clinic, or to the performance of medical or surgical care or services by a physician,
licensed to practice medicine in this state, when executed by a minor who is or believes
himself to be addicted to a narcotic or other drug, shall be valid and binding as if the minor
had achieved his majority. Any such consent shall not be subject to a later disaffirmance by
reason of his minority.

B. The consent of a spouse, parent, guardian or any other person standing in a
fiduciary capacity to the minor shall not be necessary in order to authorize such hospital care
or services or medical or surgical care or services to be provided by a physician licensed to
practice medicine to such a minor.

C. Upon the advice and direction of a treating physician, or, in the case of a medical
staff, any one of them, a physician or member of a medical staff may, but shall not be
obligated to, inform the spouse, parent or guardian of any such minor as to the treatment
given or needed, and such information may be given to, or withheld from the spouse, parent
or guardian without the consent and over the express objection of the minor.

D. No hospital and no physician licensed to practice medicine in this state shall incur
civil or criminal liability in connection with any examination, diagnosis and treatment
authorized by this Section except for negligence.

*Added by Acts 1972, No. 183, §1; Redesignated from R.S. 40:1096 by HCR 84 of 2015 R.S.*

##### **§ 40:1079.3** Donation of blood {#sec-40-1079.3 omnilex-key=us-la-statutes--rs-title-40--40:1079.3}

A. Notwithstanding any other provision of the laws of the state of Louisiana, a minor
may give consent to the donation of his blood and to the penetration of tissue necessary to
accomplish such donation if either of the following criteria is satisfied:

(1) The minor has reached the age of sixteen years and the written consent of the
parents, legal guardian, or person who has legal authority to consent on behalf of the minor
has been obtained.

(2) The minor has reached the age of seventeen years. The consent of the parents or
guardian of a minor who has reached the age of seventeen years shall not be required.

B. No minor shall be compensated for the donation of his blood.

C. Consent which is obtained pursuant to this Section shall not be subject to
deferments because of minority.

*Added by Acts 1972, No. 361, §1. Amended by Acts 1978, No. 173, §1; Acts 2010, No. 145, §1; Redesignated from R.S. 40:1097 by HCR 84 of 2015 R.S.*

#### **SUBPART B** PREVENTIVE ALCOHOLISM AND ADDICTION COUNSELING AND TREATMENT FOR ALCOHOL OR DRUG ABUSE FOR MINOR CHILDREN

##### **§ 40:1079.11** Statement of purpose {#sec-40-1079.11 omnilex-key=us-la-statutes--rs-title-40--40:1079.11}

It is the purpose of this Subpart to provide for accessibility to preventive alcoholism
and addiction counseling or treatment by qualified professionals for minor children.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1079.12** Definitions {#sec-40-1079.12 omnilex-key=us-la-statutes--rs-title-40--40:1079.12}

As used in this Subpart, the following terms shall have the following meanings:

(1) "Child" means an unmarried individual under the age of eighteen.

(2) "Facility" means an entity licensed by the Louisiana Department of Health that
provides a broad range of diagnostic, treatment, and rehabilitation services on both a
scheduled and nonscheduled basis in an accessible residential or nonresidential setting by
qualified professionals to persons and their families in need of counseling or treatment
related to alcohol abuse and alcoholism, or drug abuse, or both.

(3) "Parent" shall be defined as provided in Children's Code Article 116.

(4) "Preventive alcoholism and addiction counseling", hereinafter referred to as
"preventive counseling", means services, general guidance and support, or service
coordination, including but not limited to individual and group counseling, support services,
and education about alcohol and other drugs and their effects, which are provided by a
qualified professional to prevent a child from developing or suffering from alcoholism,
alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental
health problems.

(5) "Qualified professional" shall include:

(a) A certified substance abuse counselor or certified prevention counselor.

(b) A licensed clinical social worker, psychologist licensed under R.S. 37:2351 et
seq., medical psychologist licensed under R.S. 37:1360.51 et seq., physician licensed to
practice medicine by the Louisiana State Board of Medical Examiners, or licensed
professional counselor.

(c) A substance abuse counselor in training or prevention counselor in training with
approved supervision from a certified substance abuse counselor, licensed clinical social
worker, licensed professional counselor, or certified prevention counselor.

(d) A teacher or other educational professional with specialized training in substance
abuse, as outlined by the office of alcohol and drug abuse.

(e) A registered nurse who has at least one year of experience in the treatment of
alcoholism, addiction, or other alcohol and drug-related problems.

(6) "School" means any public elementary or secondary school in the state of
Louisiana operated by a city or parish school board or any nonpublic school approved by the
State Board of Elementary and Secondary Education.

(7) "Treatment" means an active effort to accomplish an improvement in the mental
condition or behavior of a child or to prevent deterioration in his condition or behavior as it
relates to drug or alcohol abuse. Treatment includes but is not limited to hospitalization,
partial hospitalization, outpatient services, examination, diagnosis, training, the use of
pharmaceuticals, and other services as necessary to treat such abuse.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Acts 1999, No. 1117, §1, eff. July 9, 1999; Acts 1999, No. 1309, §8, eff. Jan. 1, 2000; Acts 2009, No. 251, §9, eff. Jan. 1, 2010; Redesignated from R.S. 40:1098.2 by HCR 84 of 2015 R.S.; Acts 2021, No. 238, §2.*

##### **§ 40:1079.13** Consent requirements {#sec-40-1079.13 omnilex-key=us-la-statutes--rs-title-40--40:1079.13}

A. A school or a facility may provide preventive counseling or treatment to a child
without parental consent if all of the following conditions are met:

(1) The child requests such preventive counseling or treatment.

(2) The child withholds permission to contact a parent or parents to seek consent.

(3) A qualified professional reasonably determines in good faith and based on
independent evidence that seeking parental consent would not be helpful and would be
harmful to the child.

(4) The child provides a statement of his or her reason for seeking preventive
counseling or treatment and provides written consent for such services.

B. When requesting a child's written consent for providing preventive counseling or
treatment, the school or facility shall comply with all of the following:

(1) Advise the child of the purpose and nature of the preventive counseling or
treatment.

(2) Inform the child that the school or facility will maintain a confidential written
record of the services provided.

(3) Inform the child that he or she may withdraw consent and cease participating in
the preventive counseling or treatment at any time.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1079.14** Facility requirements {#sec-40-1079.14 omnilex-key=us-la-statutes--rs-title-40--40:1079.14}

Any school or facility that provides preventive counseling or treatment services to a
child, without parental consent, shall at a minimum:

(1) Maintain a written record of the reason for the preventive counseling or treatment
without parental consent and a record of the attempts, if any, made to obtain such consent.

(2) Conduct an initial assessment and evaluation of the child to determine the extent
of preventive counseling or treatment services needed.

(3) Prepare a written plan for the provision of preventive counseling or treatment
based on the individual assessment and evaluation of the child's needs.

(4) Provide preventive counseling or treatment in accordance with the written plan.

(5) Maintain a written record of the services provided to the child including periodic
notes relating to the child's progress.

(6) When it has been determined such services are no longer necessary or the child
withdraws from the program, prepare a written summary of the preventive counseling or
treatment provided to the child and a statement of the child's progress and maintain such
summary and statement as part of the child's records.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1079.15** Parental involvement in counseling {#sec-40-1079.15 omnilex-key=us-la-statutes--rs-title-40--40:1079.15}

Any school or facility that provides preventive counseling or treatment to a child shall
seek, only with the written consent of the child, the involvement of a parent, family member,
or other individual close to the child. Such involvement shall be in conformity with the
confidentiality requirements of R.S. 40:1079.18.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1079.16** Limitation of liability {#sec-40-1079.16 omnilex-key=us-la-statutes--rs-title-40--40:1079.16}

A. Any qualified professional who provides services in accordance with the
provisions of this Subpart without the permission of one or both of the child's parents shall
be presumed to be acting in good faith.

B. Any qualified professional found to be acting in good faith and in compliance
with the provisions of this Subpart, and absent willful and wanton misconduct, shall be
immune from any liability, civil or criminal, that might otherwise be incurred or imposed as
a result of action taken pursuant to this Subpart.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1079.17** Authorized resources {#sec-40-1079.17 omnilex-key=us-la-statutes--rs-title-40--40:1079.17}

A school or facility may solicit and use any available state, federal, or private
resources, which may include but shall not be limited to funds, in-kind resources, or
volunteer services, for the purpose of providing preventive counseling services or treatment
for alcohol or drug abuse.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1079.18** Confidentiality {#sec-40-1079.18 omnilex-key=us-la-statutes--rs-title-40--40:1079.18}

Notwithstanding any other provision of law to the contrary, the identity of persons
receiving preventive counseling or treatment and all records containing information
regarding the provision of preventive counseling or treatment shall be confidential. No
qualified professional or employee of a school or facility providing preventive counseling
or treatment shall disclose any records or information in such records containing the identity
of any child receiving preventive counseling or treatment except in compliance with state and
federal laws and regulations.

*Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.8 by HCR 84 of 2015 R.S.*

#### **PART VI** NEWBORNS

#### **SUBPART A** GENETIC CONDITIONS AND NEWBORNS

##### **§ 40:1081.1** Programs for combating phenylketonuria, congenital hypothyroidism, galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions {#sec-40-1081.1 omnilex-key=us-la-statutes--rs-title-40--40:1081.1}

A. The Louisiana Department of Health is hereby authorized and directed to
establish, maintain, and carry out programs designed to reduce mortality and morbidity from
sickle cell disease and to prevent central nervous system damage in children with
phenylketonuria, congenital hypothyroidism, biotinidase deficiency, galactosemia and
genetic conditions tested under the authority of R.S. 40:1081.2(B).

B.(1) The Louisiana Department of Health shall establish and maintain a diagnostic
laboratory for each of the following purposes:

(a) Conducting experiments, projects, and other undertakings as may be necessary
to develop tests for the early detection of phenylketonuria, congenital hypothyroidism,
galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions.

(b) Developing ways or discovering methods to be used for the prevention and
treatment of these diseases.

(c) Such other purposes as may be deemed necessary by the department to carry out
any program adopted under the authority of this Subpart, including conducting experiments,
projects, and other undertakings as may be necessary to develop tests for genetic conditions
made part of the battery of tests by the Louisiana Department of Health under R.S.
40:1081.2(B).

(2) Notwithstanding the foregoing, the term "prevention" as used with respect to
sickle cell anemia shall not mean mandatory sterilization or abortion.

C. The department is authorized to adopt rules and regulations necessary to carry out
any program which may be established.

D. The Louisiana Department of Health shall establish a program for informing
physicians and hospitals of the current medical standards for diagnosing and treating children
who exhibit clinical symptoms which suggest the existence of galactosemia. This program
shall be established in consultation with and shall be based on the recommendations of the
Louisiana Hospital Association and the Louisiana State Medical Society.

*Acts 1964, No. 269, §1. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1981, No. 430, §1; Acts 1982, No. 375, §1; Acts 1984, No. 265, §2; Acts 1987, No. 598, §1, eff. July 9, 1987; Acts 1989, No. 91, §1; Acts 1991, No. 729, §1; Acts 1993, No. 997, §1; Acts 1999, No. 328, §1; Redesignated from R.S. 40:1299 by HCR 84 of 2015 R.S.*

##### **§ 40:1081.2** Tests {#sec-40-1081.2 omnilex-key=us-la-statutes--rs-title-40--40:1081.2}

A.(1) The physician attending a newborn child, or the person attending a newborn
child who was not attended by a physician, shall, except as may be otherwise provided in this
Section, cause the child to be subjected to tests for all genetic or other congenital conditions
listed in the rule promulgated by the Louisiana Department of Health pursuant to Subsection
B of this Section; however, no such tests shall be given to any child whose parents or
guardians object thereto.

(2) If any of the tests are positive, the attending physician or person shall notify the
Louisiana Department of Health.

(3) The department shall follow up all positive tests with the attending physician who
notified the department thereof and with the parents of the newborn child when such
notification was made by a person other than a physician, and, when confirmed, shall inform
either the physician or parents or both of the services and facilities that are available from the
Louisiana Department of Health and from other state boards, departments, and agencies that
are cooperating with the department in carrying out the programs authorized by this Subpart.
Such follow-up shall include the availability of board eligible or board certified geneticists
and appropriate ancillary personnel including genetic counselors and laboratory technicians
trained to operate clinical biochemical genetics laboratory equipment. In the event there is
an insufficient amount of counselors, the department shall determine which genetic tests
shall be suspended until the proper number of genetic counselors are available.

(4) These services and facilities shall be made available to the extent needed by the
family and physician. The Louisiana Department of Health and the other state departments
and agencies cooperating with it shall, in cooperation with the attending physician, provide
for the continued medical care, dietary, and other related needs of such children where
necessary or desirable.

(5) The laboratory established by the Louisiana Department of Health pursuant to
R.S. 40:1081.1(B) shall provide testing for each condition listed in the rule promulgated by
the Louisiana Department of Health pursuant to Subsection B of this Section; however, such
testing and the services and facilities required by Paragraphs (3) and (4) of this Subsection
shall be subject to available funding.

B.(1) Pursuant to the rule adopted in accordance with the Administrative Procedure
Act, the Louisiana Department of Health shall set forth a list of genetic or other congenital
conditions for which a newborn shall be tested; however, no approved test for any genetic
or other congenital condition added shall be given to any child whose parents or guardians
object thereto.

(2) At least annually, the list shall be reviewed by the state health officer, in
consultation with departmental genetic disease advisory subject matter experts, to determine
whether additional conditions, including conditions added to the United States Department
of Health and Human Services' Recommended Uniform Screening Panel (RUSP), should be
recommended to the secretary of the department for inclusion therein.

(3) After adding a condition to the list by rulemaking, the Louisiana Department of
Health shall request a legislative appropriation for any funding necessary for conducting the
test and providing the services required in accordance with Subsection A of this Section.

(4) The department shall provide an annual report to the legislature, beginning March
1, 2024, of any condition added to the RUSP and the department's review and determination
on the condition.

*Acts 1999, No. 328, §1; Acts 2004, No. 278, §1; Acts 2006, No. 754, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1299.1 by HCR 84 of 2015 R.S.; Acts 2016, No. 507, §1, special eff. date.; Acts 2021, No. 305, §1, eff. Jan. 1, 2022; Acts 2023, No. 17, §1, eff. May 30, 2023.*

##### **§ 40:1081.3** Cooperation with the Louisiana Department of Health {#sec-40-1081.3 omnilex-key=us-la-statutes--rs-title-40--40:1081.3}

The various boards, commissions, departments and agencies of the state and of the
parishes, municipalities and other political subdivisions capable of assisting or having
services and facilities for assisting the Louisiana Department of Health in carrying out any
program established under the authority of this Subpart may cooperate with the Louisiana
Department of Health and may furnish any such services and facilities in aid of any such
program.

*Acts 1964, No. 269, §3. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1081.4** Cooperation of physicians and hospitals {#sec-40-1081.4 omnilex-key=us-la-statutes--rs-title-40--40:1081.4}

The Louisiana Department of Health may invite the cooperation of all physicians and
hospitals in the state which provide maternity and newborn infant care to participate in any
program established by the department under the authority of this Subpart.

*Acts 1964, No. 269, §4. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1081.5** Redesignated as R.S. 40:1125.31 by Acts 2022, No. 647, §4C. {#sec-40-1081.5 omnilex-key=us-la-statutes--rs-title-40--40:1081.5}

*Redesignated as R.S. 40:1125.31 by Acts 2022, No. 647, §4C.*

##### **§ 40:1081.6** Redesignated as R.S. 40:1125.32 by Acts 2022, No. 647, §4C. {#sec-40-1081.6 omnilex-key=us-la-statutes--rs-title-40--40:1081.6}

*Redesignated as R.S. 40:1125.32 by Acts 2022, No. 647, §4C.*

##### **§ 40:1081.7** Redesignated as R.S. 40:1125.33 by Acts 2022, No. 647, §4C. {#sec-40-1081.7 omnilex-key=us-la-statutes--rs-title-40--40:1081.7}

*Redesignated as R.S. 40:1125.33 by Acts 2022, No. 647, §4C.*

##### **§ 40:1081.8** Redesignated as R.S. 40:1125.21 by Acts 2022, No. 647, §4B. {#sec-40-1081.8 omnilex-key=us-la-statutes--rs-title-40--40:1081.8}

*Redesignated as R.S. 40:1125.21 by Acts 2022, No. 647, §4B.*

##### **§ 40:1081.9** Hemophilia; state treatment program; advisory committee {#sec-40-1081.9 omnilex-key=us-la-statutes--rs-title-40--40:1081.9}

A. As used in this Section:

(1) "Department" shall mean the Louisiana Department of Health, or its successor.

(2) "Hemophilia" shall mean a bleeding tendency resulting from a genetically
determined deficiency factor in the blood.

(3) "Hemophiliac" shall mean a person suffering from hemophilia.

(4) "Secretary" shall mean the secretary of the Louisiana Department of Health, or
his designated representative.

B. The Louisiana Department of Health shall establish a program for the care and
treatment of persons suffering from hemophilia. This program shall assist persons who
require continuing treatment with blood and blood derivatives to avoid crippling, extensive
hospitalization and other effects associated with the critical, chronic bleeding condition
called hemophilia, but who are unable to pay for the entire cost of such services on a
continuing basis despite the existence of various types of hospital coverages, Medicare,
Medicaid, other government assistance programs, and private charitable assistance programs.

C. The department shall:

(1) Develop standards for determining eligibility for care and treatment under this
program.

(2) Extend financial assistance to hemophiliacs in obtaining blood and blood
derivatives and concentrates, and other efficacious agents for use in hospitals, medical and
dental facilities, and at home, or participate in the cost of blood processing to the extent that
such support will facilitate the supplying of blood, blood derivatives and concentrates, and
other efficacious agents to hemophiliac patients at an economical cost, thus increasing the
effectiveness of the monies appropriated to carry out the provisions of this Section.

(3) Institute and maintain educational programs among physicians, dentists,
hospitals, public health departments, schools, and the public concerning hemophilia,
including dissemination of information and the conducting of educational programs
concerning the methods of care and treatment of persons suffering from hemophilia.

(4) Promulgate all rules and regulations necessary to effectuate the purposes of this
Section.

D. Funds shall be made available under this program without regard to race or age.

*Added by Acts 1977, No. 292, §1, eff. July 13, 1977; Redesignated from R.S. 40:1299.5 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1081.10** Privacy of genetic information {#sec-40-1081.10 omnilex-key=us-la-statutes--rs-title-40--40:1081.10}

With the exception of genetic tests specifically mandated to be reported by law, the
results of any prenatal or postnatal genetic tests shall be confidential medical information and
shall be excluded from reporting requirements. The results of such genetic tests shall
become part of the medical record of the person tested and shall be confidential unless
express written consent to their release is granted by the person tested.

*Acts 1995, No. 1194, §1; Redesignated from R.S. 40:1299.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1081.11** Krabbe disease; public information {#sec-40-1081.11 omnilex-key=us-la-statutes--rs-title-40--40:1081.11}

A. The Louisiana Department of Health shall develop and maintain information
regarding Krabbe disease on its website.

B. The information provided by the department pursuant to this Section shall
include, at a minimum, all of the following:

(1) An explanation of Krabbe disease symptoms, diagnosis, and treatment options.

(2) Information on relevant state agency and nonprofit resources, parent support
groups, and available Medicaid waiver services.

*Acts 2016, No. 507, §1.*

##### **§ 40:1081.12** Medicaid coverage; genetic testing of critically ill infants {#sec-40-1081.12 omnilex-key=us-la-statutes--rs-title-40--40:1081.12}

A.(1) Subject to the approval of the Centers for Medicare and Medicaid Services, the
Louisiana medical assistance program shall include coverage on a fee-for-service basis for
rapid whole genome sequencing testing of an infant who is enrolled in a Medicaid managed
care plan and meets all of the following criteria:

(a) Is one year of age or younger.

(b) Has a complex illness of unknown etiology.

(c) Is receiving inpatient hospital services in an intensive care unit or in a pediatric
care unit.

(2) Coverage provided for the infant pursuant to this Section shall include individual
sequencing, trio sequencing of the parents of the infant, and ultra-rapid sequencing.

B. The secretary of the Louisiana Department of Health shall take all actions
necessary to implement the provisions of this Section, including but not limited to both of
the following:

(1) Promulgation of rules and regulations in accordance with the Administrative
Procedure Act to provide for Medicaid coverage pursuant to this Section.

(2) Submission to the Centers for Medicare and Medicaid Services of any new
waiver application, amendment to an existing waiver, or Medicaid state plan amendment to
provide for Medicaid coverage pursuant to this Section.

*Acts 2022, No. 501, §2.*

##### **§ 40:1081.13** Medicaid coverage; amino acid-based elemental formulas {#sec-40-1081.13 omnilex-key=us-la-statutes--rs-title-40--40:1081.13}

*A. The Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., coverage for amino acid-based elemental formulas, regardless of the formula delivery method, to treat a child aged two years or younger. Coverage applies pursuant to this Section if the child has been diagnosed by a board-certified allergist or board-certified gastroenterologist and the treating physician issues a written order stating that the amino acid-based elemental formula is medically necessary to treat the child for any of the following:*

*(1) Immunoglobulin E and non-immunoglobulin E mediated allergies to multiple food proteins.*

*(2) Severe food protein-induced enterocolitis syndrome.*

*(3) Eosinophilic disorders, as evidenced by the results of a biopsy.*

*(4) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract.*

*B. Coverage provided pursuant to this Section may be subject to copayments, deductibles, or other cost-sharing mechanisms.*

*C.(1) A health maintenance organization, health insurance organization, or managed care organization that contracts with the state to provide or coordinate healthcare services to any person eligible for Medicaid shall provide coverage on a basis no less favorable than the basis on which prescription drugs and other medications and related services are covered by the organization, and to the same extent that the organization provides coverage for drugs that are available only on the orders of a physician.*

*(2) A utilization review agent acting on behalf of an organization listed in this Subsection may review a treating physician's determination of the medical necessity of the use of an amino acid-based elemental formula for the treatment of a covered infant or child who is diagnosed with a disease or disorder listed in Subsection A of this Section.*

*Acts 2025, No. 367, §2, See Act.*

#### **SUBPART B** NEWBORN CRITICAL CONGENITAL HEART DISEASE SCREENING PROGRAM

##### **§ 40:1083.1** Definitions {#sec-40-1083.1 omnilex-key=us-la-statutes--rs-title-40--40:1083.1}

A. "Birthing facility" means an inpatient or ambulatory health care facility licensed
by the Louisiana Department of Health that provides birthing and newborn care services.

B. "Congenital heart defects" (CHD) means structural abnormalities of the heart that
are present at birth and range in severity from simple problems, such as holes between
chambers of the heart, to severe malfunctions, such as the complete absence of one or more
chambers or valves. CHD is the most common birth defect and is the number one cause of
infant death from birth defects.

C. "Critical congenital heart disease" (CCHD) means a heart defect that causes
severe, life-threatening symptoms and requires intervention, such as surgery, in the first few
hours, days, or months of life. CCHD accounts for about twenty-five percent of all CHD.

D. "Pulse Oximetry Screening" means a noninvasive test that estimates the
percentage of hemoglobin in blood that is saturated with oxygen to detect CHDs.

*Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.371 by HCR 84 of 2015 R.S.*

##### **§ 40:1083.2** Legislative intent {#sec-40-1083.2 omnilex-key=us-la-statutes--rs-title-40--40:1083.2}

The legislature finds that:

(1) Critical congenital heart disease can cause severe and life-threatening symptoms
that require intervention within the first days of life. Early detection of CCHD and timely
intervention can decrease morbidity and mortality and lead to better outcomes for affected
children.

(2) According to the Centers for Disease Control and Prevention (CDC), CHDs
occur in approximately one in one hundred ten births in the United States. About twenty-five
percent of CHDs are considered CCHDs.

(3) Current methods for detecting CCHDs generally include prenatal ultrasound
screening and repeated clinical examinations. Defects are also often not detected during
routine clinical exams performed prior to a newborn baby's discharge from a birthing facility.

(4) When a screening for CCHD, such as pulse oximetry screening, is performed on
a newborn in a birthing facility, it is effective in detecting life-threatening CHDs, which
otherwise go undetected by current screening methods. The use of pulse oximetry in
newborn nurseries is standard in most hospitals.

(5) Newborns with abnormal pulse oximetry results require immediate testing to
confirm a defect and allow intervention. Many newborns could be saved by earlier detection
and treatment of CCHD if birthing facilities in the state of Louisiana were required to
perform this simple, noninvasive newborn screening in conjunction with current CCHD
screening methods.

*Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.372 by HCR 84 of 2015 R.S.*

##### **§ 40:1083.3** Critical congenital heart disease screening {#sec-40-1083.3 omnilex-key=us-la-statutes--rs-title-40--40:1083.3}

Each birthing facility in the state of Louisiana shall perform pulse oximetry screening
for the identification of CCHD on every newborn in its care prior to discharge from the
birthing facility, unless prohibited by the parent or guardian of the newborn.

*Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.373 by HCR 84 of 2015 R.S.*

#### **SUBPART C** PREVENTION OF BLINDNESS FROM OPHTHALMIA NEONATORUM

##### **§ 40:1085.1** Ophthalmia neonatorum defined {#sec-40-1085.1 omnilex-key=us-la-statutes--rs-title-40--40:1085.1}

Any eye condition of any infant, in which there is any inflammation, swelling, or
redness in one or both eyes, with or without any unnatural discharge from the eye or eyes,
occurring within two weeks after the birth of the infant, shall be known as ophthalmia
neonatorum, independent of the nature of the infection.

Redesignated from R.S. 40:1101 by HCR 84 of 2015 R.S.

##### **§ 40:1085.2** Duty to report disease to local health officer {#sec-40-1085.2 omnilex-key=us-la-statutes--rs-title-40--40:1085.2}

Any physician, midwife, or other person licensed by the state to practice obstetrics
or to assist at childbirth, or any physician who attends a child within two weeks after
childbirth, shall within six hours after obtaining knowledge of the condition defined in R.S.
40:1085.1 report this condition, as directed by the Louisiana Department of Health,
hereinafter referred to as the "department", to the local health officer at the residence of the
mother.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 839, §1; Redesignated from R.S. 40:1102 by HCR 84 of 2015 R.S.*

##### **§ 40:1085.3** Use of prophylactic directed by department {#sec-40-1085.3 omnilex-key=us-la-statutes--rs-title-40--40:1085.3}

A. All persons covered by the provisions of R.S. 40:1085.2 shall routinely apply or
be reasonably certain that others have already applied any prophylactic which the department
directs for the prevention of ophthalmia neonatorum, whether or not ophthalmia neonatorum
is indicated, and to do so in the manner that the department directs. The provisions of this
Section shall be inoperative in those instances where:

(1) There are no indications of the existence of ophthalmia neonatorum; and

(2) The mother states in writing that she objects to the application of such
prophylactic on religious grounds.

B. Liability arising from the lack of use of the approved prophylactic shall not attach
to any person or institution who, on the written instruction of the mother, withholds the
application of the approved prophylactic.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 839, §1; Redesignated from R.S. 40:1103 by HCR 84 of 2015 R.S.*

##### **§ 40:1085.4** Duties of health officer {#sec-40-1085.4 omnilex-key=us-la-statutes--rs-title-40--40:1085.4}

The local health officer shall:

(1) Investigate each case filed with him in pursuance of this Subpart and any other
such case which comes to his attention.

(2) Report all cases of ophthalmia neonatorum and the result of his investigations
thereon, as directed by the department.

(3) Conform to any other rules and regulations on this subject that the secretary of
the department promulgates for his further guidance.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1104 by HCR 84 of 2015 R.S.*

##### **§ 40:1085.5** Duties of the Louisiana Department of Health {#sec-40-1085.5 omnilex-key=us-la-statutes--rs-title-40--40:1085.5}

The department shall:

(1) Enforce the provisions of this Subpart.

(2) Promulgate such rules and regulations as are necessary for purposes of this
Subpart and as it thinks necessary for the further and proper guidance of local health officers.

(3) Provide for the gratuitous distribution of a scientific prophylactic for ophthalmia
neonatorum, together with proper directions for the use and administration thereof, to all
physicians, midwives, and the like engaged in the practice of obstetrics or assisting at
childbirth.

(4) Print and publish any further advice and information concerning the danger of
ophthalmia neonatorum and the necessity for prompt and effective treatment thereof as it
thinks proper.

(5) Furnish copies of the provisions of this Subpart to all physicians, midwives, and
the like engaged in the practice of obstetrics or assisting at childbirth.

(6) Keep a proper record of all cases of ophthalmia neonatorum filed in its office in
pursuance of this Subpart or which come to its attention in any way. It shall make these
records a part of its annual report to the governor and the legislature.

(7) Report all violations of this Subpart which come to its attention to the proper
district attorney and assist him in any way possible in connection therewith.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1105 by HCR 84 of 2015 R.S.*

##### **§ 40:1085.6** Duties of maternity homes and hospitals to keep records {#sec-40-1085.6 omnilex-key=us-la-statutes--rs-title-40--40:1085.6}

All maternity homes and hospitals, and similar institutions or facilities shall maintain
such records of cases of ophthalmia neonatorum as the department directs.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1106 by HCR 84 of 2015 R.S.*

##### **§ 40:1085.7** Collusion to hide facts prohibited {#sec-40-1085.7 omnilex-key=us-la-statutes--rs-title-40--40:1085.7}

No official and no person named in this Subpart shall collude with any person to
misstate or conceal any facts the correct reporting of which, under this Subpart, is essential.

*Amended by Acts 1952, No. 127, §15; Redesignated from R.S. 40:1107 by HCR 84 of 2015 R.S.*

##### **§ 40:1085.8** Penalty; revocation of charter {#sec-40-1085.8 omnilex-key=us-la-statutes--rs-title-40--40:1085.8}

Whoever violates any provision of this Subpart shall be fined not more than fifty
dollars for the first offense, not more than one hundred dollars for the second offense, and
not more than two hundred dollars for each subsequent offense.

If the accused is a physician, midwife, or the like, the court may also order a
revocation of his license. If the accused is a maternity home or the like, incorporated under
the laws of this state, the court may order a revocation of its charter.

Redesignated from R.S. 40:1108 by HCR 84 of 2015 R.S.

#### **SUBPART D** SHAKEN BABY SYNDROME AND SUDDEN UNEXPECTED INFANT DEATH PREVENTION

##### **§ 40:1086.1** Definitions {#sec-40-1086.1 omnilex-key=us-la-statutes--rs-title-40--40:1086.1}

As used in this Subpart, the following terms have the meaning ascribed in this
Section:

(1) "Birthing center" means a healthcare facility, the primary purpose of which is the
performance of low-risk deliveries, where births are planned to occur away from the mother's
usual residence following a low-risk pregnancy. For purposes of this Subpart, the term
"birthing center" shall not include a hospital or a facility licensed as part of a hospital.

(2) "Department" means the Louisiana Department of Health.

(3) "Hospital" means a facility that is licensed as a hospital in accordance with the
provisions of the Hospital Licensing Law, R.S. 40:2100 et seq.

(4) "Licensed midwife" means a midwife who is licensed in accordance with the
provisions of the Midwife Practitioners Act, R.S. 37:3240 et seq.

(5) "Postneonatal death" means the death of a child aged twenty-eight days to three
hundred sixty-four days.

(6) "Shaken baby syndrome" means the condition known also as abusive head trauma
which is characterized by injuries resulting from violent shaking or shaking and impacting
of the head of an infant or small child.

(7) "Sudden unexpected infant death" means the death of an infant of less than one
year of age, the cause of which is not immediately obvious before investigation, that occurs
suddenly and unexpectedly. A sudden unexpected infant death requires the performance of
a thorough postmortem investigation that includes a complete autopsy, an examination of the
death scene, and a review of the clinical history of the deceased child. The term includes
ill-defined and unknown causes of mortality, sudden infant death syndrome, and accidental
suffocation and strangulation in bed.

*Acts 2016, No. 506, §1.*

##### **§ 40:1086.2** Legislative findings; declaration {#sec-40-1086.2 omnilex-key=us-la-statutes--rs-title-40--40:1086.2}

A. With respect to shaken baby syndrome, the legislature finds that this condition
occurs when an infant or child is violently shaken as part of a pattern of abuse, or because
an adult has momentarily succumbed to the frustration of responding to a crying infant or
child. The legislature further finds that the effects of shaken baby syndrome can include
brain swelling and damage, subdural hemorrhage, intellectual disability, and death.

B. With respect to sudden infant death syndrome, which is a form of sudden
unexpected infant death, the legislature finds all of the following:

(1) Sudden infant death syndrome was the leading cause of postneonatal death in
each year of the most recent ten-year period for which complete child mortality data is
available (2002 through 2012).

(2) Even after a thorough investigation, it is difficult to distinguish sudden infant
death syndrome from other sleep-related infant deaths such as from overlay or suffocation
in soft bedding.

(3) Parents and caregivers can take simple steps to reduce the risk of sudden
unexpected infant deaths.

C. The legislature hereby declares that prevention of shaken baby syndrome and
prevention of sudden unexpected infant death are major public health priorities of this state.

*Acts 2016, No. 506, §1.*

##### **§ 40:1086.3** Information for parents of newborns; birthing center requirements {#sec-40-1086.3 omnilex-key=us-la-statutes--rs-title-40--40:1086.3}

A. Every birthing center, hospital, and licensed midwife shall share resources with
each maternity patient and father of a newborn child, if available, regarding shaken baby
syndrome and sudden unexpected infant death.

B.(1) The department shall promulgate all rules in accordance with the
Administrative Procedure Act as are necessary to implement the provisions of this Subpart.
At minimum, the rules of the department shall designate the compendium of resources
approved for use by birthing centers, hospitals, and licensed midwives to meet the
requirements of Subsection A of this Section. The compendium of resources shall,
collectively, address all of the following:

(a) The dangers of shaking infants and children.

(b) The symptoms of shaken baby syndrome.

(c) The dangers associated with rough handling or striking of an infant.

(d) Safety measures which can be taken to prevent sudden unexpected infant death.

(e) The risks associated with infants sleeping in the same bed with other children or
adults.

(2) The department shall ensure that all approved resources provided for in this
Subsection are publicly available, through the department's website or any other means, to
birthing centers, hospitals, and licensed midwives.

*Acts 2016, No. 506, §1.*

##### **§ 40:1086.4** Public awareness activities authorized {#sec-40-1086.4 omnilex-key=us-la-statutes--rs-title-40--40:1086.4}

The department is hereby authorized to conduct public awareness activities designed
to promote the prevention of shaken baby syndrome and prevention of sudden unexpected
infant death. The public awareness activities may include but shall not be limited to public
service announcements, information kits and brochures, promotion of relevant telephone
hotlines, and provision of information concerning shaken baby syndrome and sudden
unexpected infant death on an internet website.

*Acts 2016, No. 506, §1.*

#### **SUBPART E** NEONATAL ABSTINENCE SYNDROME

##### **§ 40:1086.11** Physician notification {#sec-40-1086.11 omnilex-key=us-la-statutes--rs-title-40--40:1086.11}

A. If a newborn exhibits symptoms of withdrawal or other observable and harmful
effects in his physical appearance or functioning that a physician believes are due to the use
of a controlled dangerous substance, as defined by R.S. 40:961 et seq., in a lawfully
prescribed manner by the mother during pregnancy, the physician shall make a notification
to the Department of Children and Family Services on a form developed by the department.
Such notification shall not constitute a report of child abuse or prenatal neglect, nor shall it
require prosecution for any illegal action.

B. A healthcare provider shall be authorized to share any protected health
information, as defined in 45 CFR 160.103, with the Department of Children and Family
Services for the purpose of complying with the notification requirement of this Subpart.

C. The Department of Children and Family Services shall promulgate rules and
regulations in accordance with the Administrative Procedure Act to implement the provisions
of this Subpart. Such rules shall include, at minimum, all of the following:

(1) The manner in which the notification shall be made to the department.

(2) The form and minimum required contents of the notification.

(3) The plan to monitor the statewide system regarding the availability and delivery
of appropriate services for newborns and affected families and caretakers.

D. A physician who in good faith makes a notification to the Department of Children
and Family Services in compliance with this Section shall have no civil or criminal liability
for damage or injury arising from that notification, unless the damage or injury was caused
by the physician's willful or wanton misconduct or gross negligence.

Acts 2017, No. 359, §2.

NOTE: See Acts 2017, No. 359, §2 regarding enforceability.

##### **§ 40:1086.12** Neonatal opiate withdrawal syndrome pilot project {#sec-40-1086.12 omnilex-key=us-la-statutes--rs-title-40--40:1086.12}

A. For the purpose of this Section, the following definitions apply:

(1) "Department" means the Louisiana Department of Health.

(2) "Infant" includes both a newborn and an infant.

(3) "Neonatal opiate withdrawal syndrome" means the postnatal opioid withdrawal
experienced by an infant who is exposed in utero to prescribed or illicit opioids or agents
used to treat maternal opioid addiction.

B.(1) The department shall establish an evidence-based pilot project conducted by
a multi-disciplinary team to treat infants with neonatal opiate withdrawal syndrome by
providing care options that are safe alternatives to the intensive care unit in existing
community or hospital settings for eligible mother-infant dyads. This pilot shall prioritize
co-location of the mother-infant dyad, maternal access to evidence-based treatment of
substance use disorder, and promotion of practices that minimize harm and improve
outcomes in infants, in keeping with up-to-date clinical evidence.

(2) In order to scale evidence-based best practices statewide, the department, in
coordination with Department of Children and Family Services, shall convene stakeholders
and providers from around the state, including but not limited to the Louisiana Commission
on Perinatal Care and Prevention of Infant Mortality and the Louisiana Perinatal Quality
Collaborative, in order to promote evidence-based care of infants with neonatal opiate
withdrawal syndrome.

C. The department shall study comparative outcomes, risks, benefits, and cost
differentials for the treatment of infants with neonatal opiate withdrawal syndrome in
hospital and community settings included in this pilot program.

D. The department may provide access to United States Food and Drug
Administration approved medication-assisted treatment including agonist, partial-agonist,
and antagonist medications for the treatment of opioid use disorders, in conjunction with
detoxification services for females with a history of giving birth to neonatal abstinence
syndrome affected infants.

E. The department shall take all steps necessary to implement this Section, including
but not limited to the promulgation of rules and regulations in accordance with the
Administrative Procedure Act, and may seek a waiver from the Centers for Medicare and
Medicaid Services if needed.

F. The pilot project may be administered consistent with the Controlled Substance
Act, as amended by Section 303 of the Comprehensive Addiction and Recovery Act of 2016.

G. This pilot project is subject to specific appropriation by the legislature.

*Acts 2018, No. 174, §1.*

#### **SUBPART F** CYTOMEGALOVIRUS (CMV) TESTING

##### **§ 40:1086.21** Cytomegalovirus; point of care testing; reporting {#sec-40-1086.21 omnilex-key=us-la-statutes--rs-title-40--40:1086.21}

A healthcare provider attending a newborn child shall administer appropriate testing
for cytomegalovirus if the newborn fails the newborn hearing screen and, in the exercise of
professional judgment, the healthcare provider believes that the testing would be in the best
interest of the newborn. Any testing for cytomegalovirus provided in accordance with the
provisions of this Section shall be considered medically necessary and shall not be denied
on the basis for failing to meet any applicable medically necessary standards or requirements
by any health insurance issuer which otherwise provides coverage for the testing. The
Louisiana Department of Health shall provide payment to all Medicaid providers for the
costs incurred as a result of the administration of testing pursuant to the provisions of this
Section. Payment shall be made by the department within thirty days of receiving a claim
for payment from a healthcare provider.

*Acts 2023, No. 177, §1.*

#### **PART VII** YOUTH SPORTS INJURY

#### **SUBPART A** COMPREHENSIVE SPORTS INJURY MANAGEMENT PROGRAM

##### **§ 40:1087.1** Comprehensive sports injury management program for student athletics {#sec-40-1087.1 omnilex-key=us-la-statutes--rs-title-40--40:1087.1}

A. Each high school that sponsors or sanctions any athletic activity in this state, and
which requires a participating student to regularly practice or train and compete, is subject
to the terms of the injury management program provided for in Subsections B through F of
this Section.

B. The injury management program shall:

(1)(a) Establish a comprehensive emergency action plan for each sport located on
the school's campus.

(b) The emergency action plan shall be reviewed annually prior to each sport season
with all appropriate personnel who are designated by the athletic director's office.

(c) The comprehensive emergency action plan shall follow the best practices of the
American College of Sports Medicine and the National Athletic Trainers' Association.

(2) Require that any coach, game official, on-field licensed healthcare provider, or
licensed athletic trainer remove a student from practice, training, or competition if any of the
following circumstances occur:

(a) The student reports any defined sign or symptom of a serious sports injury.

(b) The coach or licensed athletic trainer determines that the student exhibits any
defined sign or symptom of a serious sports injury.

(c) The coach is notified that the student has reported or exhibited any defined sign
or symptom of a serious sports injury by any of the following persons:

(i) A licensed, registered, or certified medical practitioner operating within their
respective scope of practice.

(ii) A licensed athletic trainer.

(iii) Any other licensed, registered, or certified individual whose scope of practice
includes the recognition of symptoms associated with serious sports injuries.

(iv) An official responsible for judging or supervising the athletic competition.

(3) Ensure that any student who, in accordance with the provisions of this Subpart,
is safely removed from practice, training, or competition:

(a) Shall, as soon as practicable after reporting or exhibiting any sign or symptom
of a serious sports injury, be examined by a health professional duly licensed in this state to
provide healthcare services or medical treatment.

(b) May be allowed to return to practice, training, or competition only after the
student provides to the coach and a licensed athletic trainer written authorization from a
health professional duly licensed in this state to provide healthcare services or medical
treatment.

(4) Require that for the purpose of serving the students, school, community, and
protecting public safety, each coach certified by the Coaches Education and Certification
Program receive annual documented training regarding the nature and risks of serious sports
injuries in accordance with the National High School Coaches Association and the Louisiana
High School Coaches Association.

(5) Subject to availability of financial resources and supply of the necessary
workforce, rely to the greatest possible extent on athletic trainers licensed by the Louisiana
State Board of Medical Examiners to provide athletic health care at high school athletic
competitions.

(6) Require that each school participating in interscholastic athletics follow best
practices for any activity that does not occur in a climate-controlled facility. These practices
shall follow the modified guidelines of the American College of Sports Medicine and the
National Athletic Trainers' Association regarding the heat acclimatization and wet bulb globe
temperature policy. These policies shall apply to all school campuses where summer
conditioning, preseason and regular season practices, or fall or spring sports take place, or
when a coach is present. Football jamborees and regular season games shall be exempt from
the provisions of this Paragraph.

(7) Include a protocol for licensed athletic trainers, if utilized by the school or school
system, to be available for practices or games to assist in the management of emergency and
nonemergency care for participants.

C. The school shall ensure that before a student is allowed to participate in any
school-sponsored or school-sanctioned athletic activity, the student and the parent or
guardian of the student shall document that they have viewed information, provided in
written or verifiable electronic form by the school or school district, regarding risks of
serious sports injuries.

D. This Section does not create any liability for, or create a cause of action against,
a school, its officers, or its employees.

E. To carry out the duties prescribed in this Subpart, a school may contract for and
accept private contributions, gifts, and grants, or in-kind aid from the federal government,
the state, or any other source.

F. The Board of Elementary and Secondary Education (BESE) shall promulgate, in
accordance with the Administrative Procedure Act, any rules necessary to implement the
sports injury management program provided for in this Subpart. In developing such rules,
BESE may engage and solicit input from the Louisiana State Board of Medical Examiners
and the Sports Medicine Advisory Committee of the Louisiana High School Athletic
Association, and may incorporate recommendations of those groups in any final rules
providing for a comprehensive sports injury management program.

G. No school or school system shall be required to incur any financial cost related
to the implementation of this Section, unless funds are appropriated by the legislature for
such purpose.

H. The provisions of this Subpart shall not apply to concussions, as the protocols
specific to these injuries shall be governed by the Louisiana Youth Concussion Act.

I. As used in this Subpart, the following terms have the meaning ascribed to them
in this Section:

(1) "Heat acclimatization" means a series of changes or adaptations that occur in
response to heat stress in a controlled environment over the course of seven to fourteen days.
These adaptations are beneficial to exercise in the heat and allow the body to cope with heat
stress.

(2) "Interstate game" means any regular season game played out of state.

(3) "Intrastate game" means any regular season game played in the state.

(4) "Jamboree" means a preseason football contest that serves as an official rehearsal
for the upcoming regular season where teams compete against regular season opponents.

(5) "Regular season game" means any intrastate or interstate game played during the
regular sports season.

(6) "Wet bulb globe temperature" means a measure of the heat stress in direct
sunlight which takes into account temperature, humidity, wind speed, sun angle, and solar
radiation.

*Acts 2011, No. 352, §1; Redesignated from R.S. 40:1299.186 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2020, No. 259, §1; Acts 2021, No. 180, §1; Acts 2022, No. 113, §1.*

#### **SUBPART B** LOUISIANA YOUTH CONCUSSION ACT

##### **§ 40:1089.1** Legislative intent {#sec-40-1089.1 omnilex-key=us-la-statutes--rs-title-40--40:1089.1}

A. Concussions are one of the most commonly reported injuries in children and
adolescents who participate in sports and recreational activities. The Centers for Disease
Control and Prevention estimate that as many as three million nine hundred thousand sports-related and recreation-related concussions occur in the United States each year. A
concussion is caused by a blow or motion to the head or body that causes the brain to move
rapidly inside the skull. The risk for long-term, chronic cognitive, physical, and emotional
symptoms associated with the development of post-concussion syndrome and chronic
traumatic encephalopathy, as well as the risk for catastrophic injuries or even death, is
significant when a concussion or head injury is not properly recognized, evaluated, and
managed.

B. Continuing to play with a concussion or symptoms of head injury leaves the
young athlete especially vulnerable to greater injury and even death. The Legislature of
Louisiana recognizes that, despite having generally recognized return-to-play standards for
concussions and head injury, some affected youth athletes are prematurely returned to play
resulting in actual or potential physical injury or death to youth athletes in the state of
Louisiana.

C. The Legislature of Louisiana further recognizes that it is in the best interest of the
state to create a uniform education, training, and return-to-play protocol to be followed
throughout the state.

*Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.181 by HCR 84 of 2015 R.S.*

##### **§ 40:1089.2** Definitions {#sec-40-1089.2 omnilex-key=us-la-statutes--rs-title-40--40:1089.2}

As used in this Subpart:

(1) "Healthcare provider" means a physician as defined in R.S. 37:1262, a licensed
nurse practitioner, a licensed physician assistant, or a licensed psychologist, which person
has received training in neuropsychology or concussion evaluation and management. (2) "Public recreation facility" means a recreation facility owned or leased by the
state of Louisiana or a political subdivision thereof.

(3) "Youth athletic activity" means an organized athletic activity where the majority
of the participants are seven years of age or older and under nineteen years of age, and are
engaging in an organized athletic game or competition against another team, club, or entity
or in practice or preparation for an organized game or competition against another team, club,
or entity. "Youth athletic activity" shall not include college or university activities or an
activity which is entered into for instructional purposes only, an athletic activity that is
incidental to a nonathletic program, or a lesson.

*Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.182 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1089.3** Louisiana youth athlete concussion education requirements {#sec-40-1089.3 omnilex-key=us-la-statutes--rs-title-40--40:1089.3}

A. The governing authority of each public and nonpublic elementary school, middle
school, junior high school, and high school shall:

(1) Prior to beginning of each athletic season, provide pertinent information to all
coaches, officials, volunteers, youth athletes, and their parents or legal guardian which
informs of the nature and risk of concussion and head injury, including the risks associated
with continuing to play after a concussion or head injury.

(2) Require each coach, whether such coach is employed or a volunteer, and every
official of a youth athletic activity that involves interscholastic play to complete an annual
concussion recognition education course which is in accordance with the provisions of
Subsection C of this Section.

(3) Require as a condition of participation in any athletic activities that the youth
athlete and the youth athlete's parents or legal guardian sign a concussion and head injury
information sheet which provides adequate notice of the statutory requirements which must
be satisfied in order for an athlete who has or is suspected to have suffered a concussion or
head injury to return to play.

B. Each private club or public recreation facility and each athletic league which
sponsors youth athletic activities shall:

(1) Prior to beginning of each athletic season, provide pertinent information to all
coaches, officials, volunteers, youth athletes, and their parents or legal guardian which
informs of the nature and risk of concussion and head injury, including the risks associated
with continuing to play after a concussion or head injury.

(2) Require each volunteer coach for a youth athletic activity and each coach with
whom the club, facility, or league directly contracts with, formally engages, or employs who
coaches a youth athletic activity and each official to complete an annual concussion
recognition course which is in accordance with the provisions of Subsection C of this
Section.

(3) Require as a condition of participation in any athletic activities that the youth
athlete and the youth athlete's parents or legal guardian sign a concussion and head injury
information sheet which includes but is not limited to adequate notice of the statutory
requirements which must be satisfied in order for an athlete who has or is suspected to have
sustained a concussion or head injury to return to play.

C.(1) The concussion recognition education course required by this Section shall
include the following information:

(a) How to recognize the signs of and symptoms of a concussion.

(b) The necessity of obtaining proper medical attention for a person suspected of
having sustained a concussion.

(c) The nature and risk of concussions, including the danger of continuing to play
after sustaining a concussion and the proper method and statutory requirements which must
be satisfied in order for a youth athlete to return to play in the athletic activity.

(2)(a) An organization or association of which a school or school district is a
member may designate specific education courses as sufficient to meet the requirements of
Subsection A of this Section.

(b) Training materials made available by the United States Centers for Disease
Control and Prevention (CDC) entitled, "Heads Up: Concussion in Youth Sports" and any
amendments or updates thereto, training materials made available by the National Federation
of High Schools for the Louisiana High School Athletic Association and any amendments
or updates thereto, or other training materials substantively and substantially similar to the
CDC materials, along with dissemination of a copy of the statutory requirements which must
be satisfied in order for a youth athlete who has or is suspected to have sustained a
concussion to return to play in the athletic activity, shall be deemed to satisfy the education
requirements provided for in this Section.

*Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.183 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1089.4** Removal from and return to play {#sec-40-1089.4 omnilex-key=us-la-statutes--rs-title-40--40:1089.4}

A. A coach who is required to complete concussion recognition education pursuant
to this Subpart shall immediately remove any youth athlete from a game, competition, or
practice if any of the following occurs:

(1) The youth athlete reports any defined sign or symptom of a concussion and is
reasonably suspected of having sustained a concussion.

(2) The coach, athletic trainer, or official determines that the youth athlete exhibits
any defined sign or symptom of a concussion and he reasonably suspects that the youth
athlete has sustained a concussion.

(3) The coach or official is notified that the youth athlete has reported or exhibited
any defined sign or symptom of a concussion and is reasonably suspected of sustaining a
concussion by any of the following persons:

(a) A licensed, registered, or certified medical healthcare provider operating within
his scope of practice. The medical healthcare provider performing an evaluation, for the
purposes of this Subsection, upon a youth athlete suspected of sustaining a concussion or
brain injury may be a volunteer.

(b) Any other licensed, registered, or certified individual whose scope of practice
includes the recognition of concussion symptoms. The individual performing an evaluation,
for the purposes of this Subsection, upon a youth athlete suspected of sustaining a concussion
or brain injury may be a volunteer.

B. If a youth athlete is removed from play pursuant to this Section and the signs and
symptoms cannot be readily explained by a condition other than concussion, the coach shall
notify the athlete's parent or legal guardian and shall not permit the youth athlete to return
to play or participate in any supervised team activities involving physical exertion, including
games, competitions, or practices, until the youth athlete is evaluated by a healthcare
provider and receives written clearance from the healthcare provider for a full or graduated
return to play.

C. After a youth athlete who has sustained a concussion or head injury has been
evaluated and received clearance for a graduated return to play from a healthcare provider,
an organization or association of which a school or school district is a member, a private or
public school, a private club, a public recreation facility, or an athletic league may allow a
licensed athletic trainer with specific knowledge of the athlete's condition to manage the
athlete's graduated return to play.

D. This Section does not create any liability for, or create a cause of action against,
a school, its officers, or its employees, an organization or association of which a school or
school district is a member, a private or public school, a private club, a public recreation
facility, or an athletic league when such person or entity has complied with the provisions
of this Subpart.

*Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.184 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1089.5** Concussion information {#sec-40-1089.5 omnilex-key=us-la-statutes--rs-title-40--40:1089.5}

The office of public health within the Louisiana Department of Health shall
promulgate and make available to all public and private middle schools, junior high schools,
and high schools, private clubs, public recreation facilities, and each athletic league which
sponsors youth athletic activities information which informs of the nature and risk of
concussion and head injury, including the risks associated with continuing to play after a
concussion or head injury.

*Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.185 by HCR 84 of 2015 R.S.*

#### **PART VIII** AUTISM SPECTRUM DISORDER

##### **§ 40:1091** Autism spectrum disorder; screening of children {#sec-40-1091 omnilex-key=us-la-statutes--rs-title-40--40:1091}

A. Any primary care provider who performs early and periodic screening, diagnostic,
and treatment preventive visits in accordance with the periodicity schedule of the Bright
Futures initiative of the American Academy of Pediatrics shall promote age-appropriate
screenings including, unless otherwise medically indicated, a standardized screening for
autism spectrum disorder at any routine well child visit.

B. No primary care provider shall be liable for any civil damages or be subject to any
disciplinary action by his licensing board as a result of any act or omission in connection
with delivering or not delivering any service provided for in this Part.

*Acts 2022, No. 356, §1.*

##### **§ 40:1092** Redesignated to R.S. 40:1121.22 by HCR 84 of 2015 R.S. {#sec-40-1092 omnilex-key=us-la-statutes--rs-title-40--40:1092}

*Redesignated to R.S. 40:1121.22 by HCR 84 of 2015 R.S.*

##### **§ 40:1093** Redesignated to R.S. 40:1121.23 by HCR 84 of 2015 R.S. {#sec-40-1093 omnilex-key=us-la-statutes--rs-title-40--40:1093}

*Redesignated to R.S. 40:1121.23 by HCR 84 of 2015 R.S.*

##### **§ 40:1094** Redesignated to R.S. 40:1121.24 by HCR 84 of 2015 R.S. {#sec-40-1094 omnilex-key=us-la-statutes--rs-title-40--40:1094}

*Redesignated to R.S. 40:1121.24 by HCR 84 of 2015 R.S.*

##### **§ 40:1095** Redesignated to R.S. 40:1079.1 by HCR 84 of 2015 R.S. {#sec-40-1095 omnilex-key=us-la-statutes--rs-title-40--40:1095}

*Redesignated to R.S. 40:1079.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1096** Redesignated to R.S. 40:1079.2 by HCR 84 of 2015 R.S. {#sec-40-1096 omnilex-key=us-la-statutes--rs-title-40--40:1096}

*Redesignated to R.S. 40:1079.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1097** Redesignated to R.S. 40:1079.3 by HCR 84 of 2015 R.S. {#sec-40-1097 omnilex-key=us-la-statutes--rs-title-40--40:1097}

*Redesignated to R.S. 40:1079.3 by HCR 84 of 2015 R.S.*

#### **PART IX** THE STOP HARMING OUR KIDS ACT

##### **§ 40:1098.1** Definitions {#sec-40-1098.1 omnilex-key=us-la-statutes--rs-title-40--40:1098.1}

For the purposes of this Part, the following terms have the meaning ascribed to them
unless the context clearly indicates otherwise:

(1) "Healthcare professional" shall have the same meaning as the term is defined in
R.S. 14:34.8.

(2) "Minor" means any natural person who has not reached the age of majority as
provided in Civil Code Article 29 and who has not been emancipated pursuant to Title V of
Book VII of the Code of Civil Procedure.

(3) "Sex" means the biological indication of male or female as evidenced by a
medical examination of all of the following:

(a) Sex chromosomes.

(b) Naturally occurring sex hormones.

(c) Gonads.

(d) As well as nonambiguous internal and external genitalia present at birth.

Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former R.S. 40:1098.1 redesignated as R.S. 40:1079.11 by HCR 84 of 2015 R.S.

##### **§ 40:1098.2** Healthcare professionals; restrictions {#sec-40-1098.2 omnilex-key=us-la-statutes--rs-title-40--40:1098.2}

A. A healthcare professional shall not knowingly engage in any of the following acts
that attempt to alter a minor's appearance in an attempt to validate a minor's perception of the
minor's sex, if the minor's perception is inconsistent with the minor's sex:

(1) The prescription or administration of gonadotropin-releasing hormone analogues
or other synthetic drugs used to stop luteinizing hormone and follicle stimulating hormone
secretion, synthetic antiandrogen drugs used to block the androgen receptor, or any drug to
suppress or delay normal puberty.

(2) The prescription or administration of testosterone, estrogen, or progesterone in
amounts greater than would normally be produced endogenously in a healthy individual of
the same age and sex.

(3) The performance of any sterilizing surgery, including but not limited to
castration, hysterectomy, oophorectomy, orchiectomy, penectomy, and vasectomy.

(4) The performance of any surgery that artificially constructs tissue having the
appearance of genitalia differing from the minor's sex, including metoidioplasty,
phalloplasty, and vaginoplasty.

(5) The removal of any healthy or nondiseased body part or tissue.

(6) The performance of augmentation mammoplasty, facial feminization surgery,
liposuction, lipofilling, pectoral implants, voice surgery, thyroid cartilage reduction, gluteal
augmentation, hair reconstruction, or any aesthetic surgical procedure.

B. The prohibited acts listed in Subsection A of this Section shall not be considered
healthcare services.

C. The prohibitions listed in Subsection A of this Section shall not limit or restrict
the provision of health care to:

(1) A minor born with a medically verifiable disorder of sex development, including
but not limited to external sex characteristics that are irresolvably ambiguous.

(2) A minor diagnosed with a disorder of sexual development, if a healthcare
professional has determined, through genetic or biochemical testing, that the minor does not
have a sex chromosome structure, sex steroid hormone production, or sex steroid hormone
action that is normal for a biological male or biological female.

(3) A minor needing treatment for an infection, injury, disease, or disorder that has
been caused or exacerbated by any action or procedure prohibited by this Part.

(4) A minor suffering from a physical disorder, physical injury, or physical illness
that is certified by a healthcare provider and that would place the individual in imminent
danger of death or impairment of major bodily function unless surgery is performed.

D. If, prior to January 1, 2024, a healthcare professional has initiated a course of
treatment for a minor which includes the prescription or administration of any drug or
hormone prohibited by this Part, and if the healthcare professional determines and documents
in the minor's medical record that immediately terminating the minor's use of the drug or
hormone would cause harm to the minor, the healthcare professional may institute a period
during which the minor's use of the drug or hormone is systematically reduced and
discontinued. The period may not extend beyond December 31, 2024.

Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former R.S. 40:1098.2 redesignated as R.S. 40:1079.12 by HCR 84 of 2015 R.S.

##### **§ 40:1098.3** Healthcare professionals; disciplinary actions {#sec-40-1098.3 omnilex-key=us-la-statutes--rs-title-40--40:1098.3}

If a professional or occupational licensing board finds by a preponderance of the
evidence that a healthcare professional licensed or certified by the board has violated the
provisions of this Part, the board shall revoke any professional or occupational license or
certificate held by the healthcare professional for a minimum of two years.

Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former R.S. 40:1098.3 redesignated as R.S. 40:1079.13 by HCR 84 of 2015 R.S.

##### **§ 40:1098.4** Minors' lack of consent {#sec-40-1098.4 omnilex-key=us-la-statutes--rs-title-40--40:1098.4}

A. Notwithstanding the provisions of R.S. 40:1079.1 and notwithstanding any other
provision of law to the contrary, a minor may not consent to any procedures or services that
are prohibited in R.S. 40:1098.2(A).

B. The provisions of this Section shall not apply to a minor who is subject to the
provisions of R.S. 40:1098.2(D).

Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former R.S. 40:1098.4 redesignated as R.S. 40:1079.14 by HCR 84 of 2015 R.S.

##### **§ 40:1098.5** Civil actions; remedies {#sec-40-1098.5 omnilex-key=us-la-statutes--rs-title-40--40:1098.5}

A. Notwithstanding any other provision of law to the contrary, a person who has
been harmed as a result of acts which are prohibited by this Part or who has been subjected
to acts which are prohibited by this Part with or without consent shall have a cause of action
for damages in a court of competent jurisdiction.

B. The cause of action for damages shall be commenced before the later of either of
the following:

(1) The lapse of a twelve-year liberative prescription once the minor reaches the age
of majority.

(2) Within three years from the time the person discovered or reasonably should have
discovered that the injury or damages were caused by the violation.

C. Venue pursuant to this Section may be brought pursuant to Code of Civil
Procedure Article 42 or in the parish of domicile of the petitioner.

D.(1) If a court finds that a person is entitled judgment pursuant to this Section, the
court shall award damages, attorney fees, and all costs of the proceeding against the
defendant for violation of this Part.

(2) Damages awarded by the court pursuant to this Section may include but are not
to be limited to damages for infertility or sterility that is suffered by the minor as a result of
the acts prohibited by this Part.

E. Consent shall not operate as a defense to a petitioner's claim that is filed pursuant
to this Section.

Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former R.S. 40:1098.5 redesignated as R.S. 40:1079.15 by HCR 84 of 2015 R.S.

##### **§ 40:1098.6** Attorney general; injunctive or declaratory relief {#sec-40-1098.6 omnilex-key=us-la-statutes--rs-title-40--40:1098.6}

A. The attorney general may bring a civil action to enforce compliance with this Part
in a court of competent jurisdiction.

B. The attorney general may seek injunctive or declaratory relief and any other
appropriate remedy in order to protect a minor from those harms resulting from conduct that
is prohibited pursuant to this Part.

C. Venue pursuant to this Section shall be that same venue which is provided in R.S.
40:1098.5.

D. If the court grants relief pursuant to this Section, the court shall award attorney
fees and all costs of the proceeding against the defendant for violation of this Part.

E. Nothing in this Part shall be construed to deny, impair, or otherwise affect any
right or authority of the attorney general, the state, or any agency, officer, or employee of the
state to institute or intervene in any proceeding.

Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former R.S. 40:1098.6 redesignated as R.S. 40:1079.16 by HCR 84 of 2015 R.S.

##### **§ 40:1098.7** Redesignated to R.S. 40:1079.17 by HCR 84 of 2015 R.S. {#sec-40-1098.7 omnilex-key=us-la-statutes--rs-title-40--40:1098.7}

*Redesignated to R.S. 40:1079.17 by HCR 84 of 2015 R.S.*

##### **§ 40:1098.8** Redesignated to R.S. 40:1079.18 by HCR 84 of 2015 R.S. {#sec-40-1098.8 omnilex-key=us-la-statutes--rs-title-40--40:1098.8}

*Redesignated to R.S. 40:1079.18 by HCR 84 of 2015 R.S.*

##### **§ 40:1099** Redesignated to R.S. 40:1271.1 by HCR 84 of 2015 R.S. {#sec-40-1099 omnilex-key=us-la-statutes--rs-title-40--40:1099}

*Redesignated to R.S. 40:1271.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1099.1** Redesignated to R.S. 40:1271.2 by HCR 84 of 2015 R.S. {#sec-40-1099.1 omnilex-key=us-la-statutes--rs-title-40--40:1099.1}

*Redesignated to R.S. 40:1271.2 by HCR 84 of 2015 R.S.*

### **CHAPTER 5-B** HEALTH PROVISIONS: DISEASES AND CONDITIONS

#### **PART I** ALZHEIMER'S SPECIAL CARE DISCLOSURE

##### **§ 40:1101** Short title {#sec-40-1101 omnilex-key=us-la-statutes--rs-title-40--40:1101}

This Part shall be known and may be cited as the "Alzheimer's Special Care
Disclosure Act".

Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.121 by
HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1101 redesignated to R.S. 40:1085.1 by HCR 84 of 2015
R.S.

##### **§ 40:1101.1** Legislative intent {#sec-40-1101.1 omnilex-key=us-la-statutes--rs-title-40--40:1101.1}

The legislature finds and declares that:

(1) Certain nursing home and related facilities, residential care facilities, assisted
living facilities, adult congregate living facilities, home health agencies, home- and
community-based service providers which provide adult day care services, hospices, and
continuing care retirement communities are presently known to offer to provide or provide
a special program or special unit for persons who have Alzheimer's disease or a related
disorder.

(2) It is in the public interest to provide for the protection of consumers regarding
the accuracy and authenticity of such claims.

(3) It is the public policy of this state to require such facilities to disclose the reasons
for those claims, to require records of such disclosures to be kept, and to require the
examination of such records.

*Acts 1997, No. 909, §1, eff. July 10, 1997; Acts 2008, No. 839, §3, eff. July 8, 2008; Redesignated from R.S. 40:1300.122 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1101.2** Definitions {#sec-40-1101.2 omnilex-key=us-la-statutes--rs-title-40--40:1101.2}

As used in this Part:

(1) "Alzheimer's special care unit" means any nursing facility, residential
care/assisted living facility, adult congregate living facility, home health agency, home- and
community-based service provider which provides adult day care services, hospice, or
continuing care retirement community that segregates or provides a special program or
special unit for residents with a diagnosis of probable Alzheimer's disease or a related
disorder so as to prevent or limit access by a resident to areas outside the designated or
separated area; and that advertises, markets, or otherwise promotes the facility as providing
specialized Alzheimer/dementia care services.

(2) "Department" means the Louisiana Department of Health.

*Acts 1997, No. 909, §1, eff. July 10, 1997; Acts 2008, No. 839, §3, eff. July 8, 2008; Redesignated from R.S. 40:1300.123 by HCR 84 of 2015 R.S.*

##### **§ 40:1101.3** Disclosure; content {#sec-40-1101.3 omnilex-key=us-la-statutes--rs-title-40--40:1101.3}

A. In accordance with Subsection E of this Section, any facility or other entity which
offers to provide or provides a special program for persons with Alzheimer's disease or a
related disorder by means of an Alzheimer's special care unit shall disclose the form of care
or treatment provided that distinguishes it as being especially applicable to or suitable for
such persons. The disclosure shall be made to the state licensing agency and to any person
seeking placement on behalf of a person with Alzheimer's disease or a related disorder within
an Alzheimer's special care unit. Disclosure may also be made to the state ombudsman. The
department shall examine all such disclosures in the department's records as part of the
facility's licensing renewal procedure to verify accuracy. The disclosure shall be made prior
to the facility or entity entering into any agreement to provide care.

B. The information disclosed shall explain the additional care provided in each of
the following areas:

(1) Philosophy: the Alzheimer's special care unit written statement of its overall
philosophy and mission which reflects the needs of residents afflicted with dementia.

(2) Pre-admission, admission, and discharge: the process and criteria for placement
in, transfer, or discharge from the unit.

(3) Assessment, care planning, and implementation: the process used for assessment
and establishment of the plan of care and its implementation, including the method by which
the plan of care evolves and is responsive to changes in condition.

(4) Staffing patterns and training: staff training and continuing education practices.

(5) Physical environment: the physical environment and design features appropriate
to support the functioning of cognitively impaired adult residents.

(6) Resident activities: the frequency and types of resident activities.

(7) Family role in care: the involvement of families and the availability of family
support programs.

(8) Program fees: the fees for care and any additional fees.

C. The department, with input from consumer and provider representatives, shall
develop a standardized disclosure form and shall review the information submitted on the
disclosure form by the facility or other entity to verify the accuracy of the information
reported. Any significant change in the information initially submitted by the facility or
other entity shall be reported to the department at the time the change is made.

D. Nothing herein shall be interpreted to preclude a nursing facility without an
Alzheimer's special care unit from admitting a person with Alzheimer's disease or a related
disorder.

E. As soon as practicable after July 10, 1997, the department shall promulgate rules
and regulations to effectuate the provisions of this Section.

*Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.124 by HCR 84 of 2015 R.S.*

##### **§ 40:1101.4** Rules {#sec-40-1101.4 omnilex-key=us-la-statutes--rs-title-40--40:1101.4}

The department shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to implement the provisions of this Part.

*Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.125 by HCR 84 of 2015 R.S.*

##### **§ 40:1102** Redesignated to R.S. 40:1085.2 by HCR 84 of 2015 R.S. {#sec-40-1102 omnilex-key=us-la-statutes--rs-title-40--40:1102}

*Redesignated to R.S. 40:1085.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1103** Redesignated to R.S. 40:1085.3 by HCR 84 of 2015 R.S. {#sec-40-1103 omnilex-key=us-la-statutes--rs-title-40--40:1103}

*Redesignated to R.S. 40:1085.3 by HCR 84 of 2015 R.S.*

#### **PART II** BREAST CANCER: ORAL AND WRITTEN SUMMARY OF TREATMENT ALTERNATIVES

##### **§ 40:1103.1** Short title {#sec-40-1103.1 omnilex-key=us-la-statutes--rs-title-40--40:1103.1}

This Part shall be known and may be cited as the "Carter Stokes Oral and Written
Summary of Breast Cancer Treatment Alternatives and Access to Breast Reconstruction
Surgery Information Law".

*Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.151 by HCR 84 of 2015 R.S; Acts 2018, No. 580, §1, eff. May 31, 2018.*

##### **§ 40:1103.2** Definitions {#sec-40-1103.2 omnilex-key=us-la-statutes--rs-title-40--40:1103.2}

As used in this Part:

(1) "Board" means the Louisiana State Board of Medical Examiners.

(2) "Department" means the Louisiana Department of Health.

*Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.152 by HCR 84 of 2015 R.S.*

##### **§ 40:1103.3** Standard written summary of breast cancer alternatives {#sec-40-1103.3 omnilex-key=us-la-statutes--rs-title-40--40:1103.3}

A. Pursuant to the provisions of this Part and no later than March 1, 2000, the
department, in consultation with the Louisiana Cancer Advisory Board, shall develop a
standard written summary of the advantages, disadvantages, risks, and descriptions of the
procedures regarding medically viable and efficacious alternative methods of treatment for
breast cancer including surgical, radiological, or chemotherapeutic treatments or
combinations thereof. Thereafter, the department shall review and, if necessary, revise the
summary every three years; however, the department shall revise the summary prior to the
three-year review if the department determines that new or revised information should be
included in the summary.

B. At a minimum, the summary shall incorporate all of the following:

(1) Information regarding any method of treatment for breast cancer that is in the
investigational or clinical trial stage and is recognized for treatment by the Physician's Data
Query of the National Cancer Institute.

(2) Available telephone numbers, including but not limited to, toll-free numbers for
the National Cancer Institute and the American Cancer Society, to allow a breast cancer
patient to obtain current information.

(3) A discussion of breast cancer reconstruction surgery, including but not limited
to problems, benefits, and alternatives.

(4) Statistics on the incidence of breast cancer.

C.(1) The summary shall be developed using layman's terminology and shall be
written in generally understandable language.

(2) The board shall have the summary printed and the printed copies made available
to physicians and surgeons upon their request. Furthermore, the board shall establish a
distribution system for the summary that is linked to the renewal of a physician's license.

*Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.153 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1103.4** Requirement of notification; recordation {#sec-40-1103.4 omnilex-key=us-la-statutes--rs-title-40--40:1103.4}

A. On and after July 1, 2000, a treating physician or surgeon shall inform his patient
diagnosed with any form of breast cancer of the alternative efficacious methods of treatment
by discussing such alternative methods of treatment with his patient and by providing his
patient with the summary as provided in this Part. If the treating physician or surgeon
informs his patient of the alternative methods of treatment and provides his patient with the
summary prior to the performance of a biopsy to determine whether or not his patient has
breast cancer, the requirement to inform and to provide the summary to a patient diagnosed
with breast cancer shall be deemed to have been met.

B. On and after July 1, 2000, the failure of a physician or surgeon to discuss such
alternative methods of treatment with his patient or to provide the summary to his patient
prior to beginning treatment for any form of breast cancer shall be considered unprofessional
conduct and cause for the board to take action as provided by R.S. 37:1285.

C. The treating physician or surgeon shall indicate on his patient's medical chart the
date and time that he has discussed alternative methods of treatment with his patient and has
given his patient the summary as required by this Section.

*Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.154 by HCR 84 of 2015 R.S.*

##### **§ 40:1103.5** Information and access to breast reconstructive surgery {#sec-40-1103.5 omnilex-key=us-la-statutes--rs-title-40--40:1103.5}

Every hospital licensed by the Louisiana Department of Health pursuant to R.S.
40:2100 et seq., and every Louisiana physician who provides mastectomy surgery, lymph
node dissection, or a lumpectomy, shall provide information to the patient concerning the
option of reconstructive surgery following such procedures, including the availability of
coverage for reconstructive surgery, in accordance with the state insurance law and
applicable provisions of federal law. The information shall be provided to the patient in
writing and in advance of obtaining consent to the surgical procedure. At a minimum, the
information provided shall include the following:

(1) A description of the various reconstructive options and the advantages and
disadvantages of each.

(2) A description of the provisions assuring coverage by public and private insurance
plans of the costs related to reconstructive surgery under federal and state law.

(3) A description of how a patient may access reconstructive care, including the
potential of transferring care to a facility that provides reconstructive care or choosing to
pursue reconstruction after completion of breast cancer surgery and chemotherapy or
radiotherapy, if warranted.

(4) Other information as may be required by the secretary of health, consistent with
information developed by the Louisiana Department of Health and the Louisiana Cancer
Advisory Board and circulated to providers and patients by the Louisiana State Board of
Medical Examiners.

*Acts 2018, No. 580, §1, eff. May 31, 2018; Acts 2024, No. 404, §1, eff. May 28, 2024.*

#### **PART II-A** UTERINE FIBROIDS

##### **§ 40:1104** Uterine Fibroids Commission {#sec-40-1104 omnilex-key=us-la-statutes--rs-title-40--40:1104}

A. There is hereby established within the Louisiana Department of Health, office on
women's health and community health, the Uterine Fibroids Commission.

B. The commission shall be comprised of the following members:

(1) One member from the Louisiana State Nurses Association.

(2) One member from the Louisiana Primary Care Association.

(3) One member from the Christus Health System.

(4) One member from the Southern University and Agricultural and Mechanical
College School of Nursing.

(5) One member from the Tulane University School of Public Health.

(6) One member from the Our Lady of the Lake Health System.

(7) One member from the Louisiana Hospital Association.

(8) Two members who are individuals living with uterine fibroids, polycystic ovary
syndrome, or endometriosis.

(9) One member from the Louisiana House of Representatives.

(10) One member from the Louisiana Senate.

(11) One member who is the executive director of the governor's office on women's
policy.

(12) One member from the Ochsner Health System.

(13) One member from Woman's Hospital of Baton Rouge.

C.(1) The members listed in Paragraphs (B)(1) through (7) and (12) and (13) of this
Section shall be appointed by the governor from a list of qualified candidates nominated by
the respective organizations.

(2) The members listed in Paragraph (B)(8) of this Section shall be appointed by the
governor from a list of self-identified individuals interested in serving on the commission.

(3) The members listed in Paragraphs (B)(9) and (10) of this Section shall be
appointed by the speaker of the House of Representatives and the president of the Senate,
respectively.

D. Each member shall serve at the pleasure of the appointing authority. Each
member appointed by the governor shall be subject to Senate confirmation.

E.(1) The commission shall adopt rules and regulations to provide for the governance
of the commission. Such rules and regulations shall include but not be limited to procedures
and grounds for the removal of any commission member.

(2) Procedures for filling a vacancy created by the removal, resignation, or death of
any commission member prior to the end of the commission member's term shall follow
those used for initial appointments.

F. Each commission member shall serve without compensation. Legislators shall
receive the same per diem and travel reimbursement for attending a meeting of the
commission as is normally provided for members of the legislature. Nonlegislative
commission members may receive reimbursement for expenses in accordance with the
guidelines of the entity they represent.

G. The chairman shall be elected by the commission for a term to be determined by
the commission.

H. The domicile of the commission shall be Baton Rouge.

I. The commission shall hold quarterly public meetings unless decided by a vote of
the commission or by order of the chairman.

J. The number of commission members necessary to constitute a quorum for the
transaction of business shall be one half of the entire membership of the commission. A
majority vote of the commission members constituting a quorum shall be necessary for any
action taken by the commission.

K. The Louisiana Department of Health shall provide administrative assistance and
serve as staff for the commission.

L. The functions of the commission shall be to:

(1) Evaluate functions and activities of existing groups focused on uterine fibroids
and other related conditions to collaborate with and engage stakeholders.

(2) Support and contextualize reporting on uterine fibroids and other related
conditions.

(3) Serve as an advisory body to the governor and the Louisiana Department of
Health on matters relating to uterine fibroids, polycystic ovary syndrome, and endometriosis.

(4) Research and review all state regulations, guidelines, policies, and procedures
relative to prevention, treatment, and care of women living with uterine fibroids and other
related conditions and, when appropriate, make recommendations to the governor, the
secretary of the Louisiana Department of Health, and the legislature.

(5) Provide a forum for an annual public hearing on matters relating to uterine
fibroids and other related conditions and provide for other public comment and peer review
on federal and state-funded programs related to uterine fibroids and other related conditions.

(6) Make recommendations on policy to ensure that the state establishes public
health monitoring, advances research, and provides solutions for women battling uterine
fibroids and other related conditions.

M. The commission shall submit an annual written report to the Senate and House
committees on health and welfare at least sixty days prior to each regular session. The report
shall include a summary of the data relevant to the functions set forth in Subsection L of this
Section.

Acts 2025, No. 205, §2.

NOTE: Former R.S. 40:1104 redesignated to R.S. 40:1085.4 by HCR 84 of 2015 R.S.

##### **§ 40:1105** Redesignated to R.S. 40:1085.5 by HCR 84 of 2015 R.S. {#sec-40-1105 omnilex-key=us-la-statutes--rs-title-40--40:1105}

*Redesignated to R.S. 40:1085.5 by HCR 84 of 2015 R.S.*

#### **PART III** CANCER AND CARDIO-PULMONARY DISEASES PROGRAMS

##### **§ 40:1105.1** Definitions {#sec-40-1105.1 omnilex-key=us-la-statutes--rs-title-40--40:1105.1}

As used in this Part:

(1) "Board" shall mean the Louisiana Cancer Advisory Board.

(2) "Health care provider" shall mean every licensed health care facility and licensed
health care provider, as defined in R.S. 40:1231.1(A), in the state of Louisiana.

(3) "Office" shall mean the office of the president.

(4) "Participating hospital" shall mean every hospital operating as such in the state
of Louisiana.

(5) "Pathology laboratory" shall mean every pathology laboratory located or doing
business in the state of Louisiana.

(6) "President" shall mean the president of the Louisiana State University System or
his designee.

(7) "Radiation center" shall mean every freestanding radiation diagnostic and
treatment facility in the state of Louisiana.

(8) "Tumor registry", "cancer registry program", and "statewide registry program"
shall mean the Louisiana Tumor Registry.

*Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.80 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1105.2** Cancer registry program; data; statewide {#sec-40-1105.2 omnilex-key=us-la-statutes--rs-title-40--40:1105.2}

The president of the Louisiana State University System shall establish in the office
of the president a statewide registry program for reporting cancer cases for the purpose of
gathering statistical data to aid in the assessment of cancer incidence, survival rates, possible
causes of specific cancers, and other related aspects of cancer in Louisiana. The program
shall collect and disseminate cancer incidence data on a statewide level in accordance with
the provisions of this Part.

*Added by Acts 1978, No. 653, §1. Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.81 by HCR 84 of 2015 R.S.*

##### **§ 40:1105.3** Powers; duties {#sec-40-1105.3 omnilex-key=us-la-statutes--rs-title-40--40:1105.3}

The president shall:

(1) Collaborate with each participating health care provider and radiation center in
the state of Louisiana to establish a uniform statewide registry system for collecting cancer
incidence data and shall promulgate rules and regulations therefor in accordance with
policies established by the board.

(2) Establish quality control programs and a training program for health care
providers and the personnel of the participating radiation centers.

(3) Cooperate with the National Cancer Institute, the United States Centers for
Disease Control and Prevention, and other national and international cancer surveillance
programs designated by the Louisiana Tumor Registry in providing cancer data.

(4) Comply with reporting procedures and requirements established by the state, the
Centers for Disease Control and Prevention, and the National Cancer Institute.

(5) Collaborate in studies with clinicians and epidemiologists and publish reports on
the results of such studies, and

(6) Establish, in accordance with policies of the board, rules and regulations to
provide for the confidentiality of a patient's records.

(7) Establish and promulgate, in accordance with policies established by the board,
the rules and regulations necessary to effectuate the purposes of this Part.

(8) Contract with private tumor registries for the collection and furnishing of data
to the statewide registry and for the necessary planning and coordination incident thereto.

*Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Acts 2003, No. 225, §1; Redesignated from R.S. 40:1299.82 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1105.4** Authority {#sec-40-1105.4 omnilex-key=us-la-statutes--rs-title-40--40:1105.4}

In addition to other authority, the president may:

(1) Accept on behalf of the state any federal funds to assist in meeting the cost of
carrying out purposes of this Part.

(2) Accept on behalf of the state funds from any private agency, such as the
American Cancer Society, to assist in the cost of carrying out the purposes of this Part.

(3) Repealed by Acts 1985, No. 345, §1, eff. July 9, 1985.

*Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1985, No. 345, §1, eff. July 9, 1985; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.83 by HCR 84 of 2015 R.S.*

##### **§ 40:1105.5** Participation in program {#sec-40-1105.5 omnilex-key=us-la-statutes--rs-title-40--40:1105.5}

A. Any participating hospital diagnosing or providing treatment to cancer patients
shall report each case of cancer to the president in a format prescribed by the president within
six months of admission or diagnosis and shall furnish the data, including but not limited to
follow-ups, medical history, risk factors, and cancer screening, on each cancer patient when
requested. If the facility fails to report in a format prescribed by the president, the president
may enter the facility and obtain the information. In these cases, the facility shall reimburse
the Louisiana Tumor Registry for the cost of obtaining and reporting the information. The
Louisiana Tumor Registry and participating hospitals may enter into agreements to allow
remote electronic access to medical records of cancer patients.

B. Pathology laboratories, radiation centers, surgery centers, physicians and other
licensed healthcare facilities and providers shall report cancer cases in the required electronic
format to the statewide registry program and grant access to cancer patient records. These
facilities and providers shall allow access to all records which would identify cases of cancer
to ascertain and abstract reportable cancer cases by the statewide cancer registry program.

C. Any healthcare provider which provides diagnostic or treatment services to
patients with cancer shall report any additional demographic, diagnostic, or treatment
information requested by the president concerning any person presently or previously
receiving services who has or had a malignant tumor. Additionally, the president shall have
access to all records which would identify cases of cancer or would establish characteristics
of the cancer, treatment of the cancer, or medical status of any identified cancer patient.

*Added by Acts 1978, No. 653, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.84 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1105.6** Reports; liability for {#sec-40-1105.6 omnilex-key=us-la-statutes--rs-title-40--40:1105.6}

A. No action for damages arising from the disclosure of confidential or privileged
information may be maintained against any person, or the employer or employee of any
person, who participates in good faith in the reporting of cancer registry data or data for
cancer morbidity or mortality studies in accordance with this Part.

B. No license of a health care provider may be denied, suspended, or revoked for
good faith disclosure of confidential or privileged information or the reporting of cancer
registry data or data for cancer morbidity studies in accordance with this Part.

C. Nothing in this Part shall be construed to apply to the unauthorized disclosure of
confidential or privileged information when such disclosure is due to gross negligence or
willful misconduct.

D. All information reported pursuant to this Part shall be confidential and privileged.
The president shall take strict measures to ensure that all identifying information is kept
confidential.

E. All information regarding case-specific data, as distinguished from group, tabular,
or aggregate data concerning patients or health care providers contained in records of
interviews, written reports, and statements procured by the president or by any other person,
agency, or organization acting in connection with cancer morbidity and mortality studies
shall be confidential and privileged and shall be used solely for the purposes of the study.
Nothing in this Section shall prevent the president from publishing compilations relating to
morbidity and mortality studies which do not identify case-specific data or sources of
information.

*Added by Acts 1978, No. 653, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.85 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1105.7** Advisory functions {#sec-40-1105.7 omnilex-key=us-la-statutes--rs-title-40--40:1105.7}

A. The tumor registry shall be operated under policies developed by the board and
administered by the president.

B. The board shall establish policies for the development, accumulation, and
distribution of data obtained under this Part.

C. The board shall exercise its powers, duties, functions, and responsibilities in the
manner provided for agencies transferred in accordance with R.S. 36:802. The terms
"secretary" and "undersecretary" as used in such Section and as applicable to the board shall
mean the president or the president's designee.

*Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.86 by HCR 84 of 2015 R.S.*

##### **§ 40:1105.8** Disclosure of medical records to cancer registries {#sec-40-1105.8 omnilex-key=us-la-statutes--rs-title-40--40:1105.8}

A. Notwithstanding any other provision of law to the contrary, all health care
providers and radiation centers shall release an abstract of the patient's record reflecting the
past or present physical condition of a patient upon request of the Louisiana cancer registry
program established pursuant to the provisions of this Part. The cancer registry shall take
strict measures to assure that all identifying information contained in patient record abstracts
will be kept confidential.

B. The president may enter into agreements to exchange confidential information
with other cancer registries in order to obtain complete reports of Louisiana residents
diagnosed or treated in other states and to provide information to other states regarding their
residents diagnosed or treated in Louisiana. However, before releasing confidential
information the president shall obtain from such state registries, agencies, or researchers an
agreement in writing to keep nonaggregate, case-specific information confidential and
privileged. In no event shall either cancer registry bear liability for loss, expense, attorney
fees, or claims for injury or damages arising out of acts or omissions in the performance of
this agreement on the part of the other registry.

C. The office of the president shall promulgate rules and regulations in accordance
with the Administrative Procedure Act to specify the extent to which confidential data may
be disclosed to other local, state, or federal public health or environmental agencies, or to
corroborating medical researchers, when the confidential information is necessary to carry
out the duties of the agency or researchers in the investigation, control, or surveillance of
disease, as determined by the office of the president. Before releasing confidential
information to the researchers, the president shall obtain an agreement in writing from the
researchers that they will keep nonaggregate, case-specific information confidential and
privileged and that neither the office of the president nor the other entity shall bear liability
for loss, expense, attorney fees, or claims for injury or damages arising out of acts or
omissions in the performance of this agreement on the part of the other.

D. Any disclosure authorized by this Part shall include only the information
necessary for the stated purpose of the requested disclosure, and shall be made only upon
written agreement that the information will be kept confidential and will not be further
disclosed without written authorization of the office of the president.

E. The furnishing of confidential data in accordance with this Part shall not expose
any person, agency, or entity furnishing data to liability and shall not be considered to be in
violation of any privileged or confidential relationship, provided the participant has acted in
good faith in the reporting as required in this Part.

F. No case-specific data shall be available for subpoena nor shall it be disclosed,
discoverable, or compelled to be produced in any civil, criminal, administrative, or other
proceeding, nor shall such records be deemed admissible as evidence in any civil, criminal,
administrative, or other tribunal or court for any reason. Nothing in this Section shall
supersede the provisions of R.S. 40:3.1(A) through (H).

G. Nothing in this Part shall be construed to apply to the unauthorized disclosure of
confidential or privileged information when such disclosure is due to gross negligence or
willful misconduct.

*Added by Acts 1978, No. 660, §2. Amended by Acts 1982, No. 812, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.87 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1105.8.1** Louisiana Tumor Registry; research committee; disclosure of registry data {#sec-40-1105.8.1 omnilex-key=us-la-statutes--rs-title-40--40:1105.8.1}

A. The Louisiana Tumor Registry, referred to hereafter in this Section as the "tumor
registry", shall provide diagnostic, treatment, and follow-up information concerning a patient,
if requested, to a physician or medical facility diagnosing or treating the case as authorized
pursuant to 45 CFR 164.506.

B.(1) The tumor registry shall collaborate with the National Cancer Institute, the
United States Centers for Disease Control and Prevention, the North American Association
of Central Cancer Registries, the International Agency for Research on Cancer, and any other
national or international cancer surveillance program it may designate in providing cancer
data and participating in cancer studies.

(2) The tumor registry shall cooperate with the office of public health of the
Louisiana Department of Health, referred to hereafter in this Section as the "office of public
health", in evaluating programs and investigating cancer concerns and other cancer-related
issues through activities including, without limitation, cooperating with the office of public
health in implementing the program of cancer investigation and intervention provided for in
R.S. 40:5.12. Because the tumor registry data are an integral part of national and state cancer
prevention and control programs, the use of registry data by office of public health officials
and registry-designated national cancer surveillance programs shall be considered an
in-house activity and shall be processed expeditiously.

(3) Requests by the office of public health for case-specific data shall require annual
approval by the institutional review board of the Louisiana State University Health Sciences
Center-New Orleans, referred to hereafter in this Section as the "LSUHSC-New Orleans".
Additionally, the office of public health shall comply with all applicable confidentiality
standards of the tumor registry.

C.(1) Subject to the limitations of Subsection F of this Section, the tumor registry
shall release case-specific data to persons or organizations for the purposes of cancer
prevention, control, and research in accordance with Paragraph (2) of this Subsection.
However, no such data shall include information collected for special studies or other
research projects. The tumor registry shall have and shall reserve the right to prioritize its
responses to data requests.

(2) Requests from persons or organizations for case-specific tumor registry incidence
data, including data linkages, shall be submitted in writing and shall be reviewed and
approved by the tumor registry research committee following the established policies of the
registry. These policies shall require, without limitation, all of the following:

(a) Approval from the LSUHSC-New Orleans institutional review board and
compliance with the LSUHSC-New Orleans HIPAA research policy.

(b) Approval from the researcher's institutional review board and compliance with
that institution's HIPAA research policy.

(c) Execution of the tumor registry's form entitled "Agreement to Maintain
Confidentiality of Data", or any successor form, by each investigator who will have access
to the data indicating agreement by the investigator to adhere to the tumor registry
confidentiality provisions and prohibiting the disclosure of tumor registry data in any civil,
criminal, administrative, or other proceeding.

(d) Provision of a copy of the complete protocol for the project.

(e) Completion of all requirements provided in the document entitled "Louisiana
Tumor Registry: Researchers' Requests for Data", or any successor document.

(f) Prior to contacting a patient or his next of kin, notification to the patient's
physician, if required.

(g) Destruction or return of data once the research is completed.

(3) If a request for data submitted in accordance with the provisions of this
Subsection is denied by the LSUHSC-New Orleans institutional review board, the
institutional review board shall provide to the requestor notice in writing of the reason for
the denial electronically or by postal mail.

D.(1) The director of the tumor registry or his designee shall coordinate the research
committee of the tumor registry. The research committee shall include, without limitation,
the following members:

(a) The director of the tumor registry.

(b) A qualified representative selected from each of the following entities:

(i) The LSUHSC-New Orleans.

(ii) The office of public health.

(iii) The Louisiana Cancer Advisory Board.

(2) The research committee shall verify that the researchers are able to execute the
proposal, in terms of both financial support and professional qualifications; that the study has
scientific and ethical merit; and that the researchers will obtain appropriate consent.

E.(1) In determining the order of processing requests for data, the tumor registry
shall give priority to requests for data from the office of public health for use in responding
to concerns about threats to the public health.

(2) Subject to the provisions of the Public Records Law, R.S. 44:1 et seq., the tumor
registry shall process requests for aggregate data other than those provided for in Paragraph
(1) of this Subsection in the order of receipt. The tumor registry shall respond to any public
request in a timely manner, as resources permit, if the request meets the applicable
requirements of R.S. 40:3.1 and 1105.8.

(3) The tumor registry may assess a charge to a requestor of data for actual costs of
compiling and providing the data, and may require payment before proceeding to fulfill the
data request.

(4) The tumor registry shall not be required in any instance to perform original work
to create data not currently in existence.

F.(1) The tumor registry shall not release data in cases in which such data would
disclose the identity of any person to whom the data relate and thus violate the requirements
of the Health Insurance Portability and Accountability Act relating to uses and disclosure of
protected health information (45 CFR 164.514). In such situations, the tumor registry may
combine more years of cancer data together at the census tract level or suppress the data
according to the suppression rule of the United States Cancer Statistics program.

(2) In considering for approval or denial a request for aggregate data, the research
committee of the tumor registry shall determine whether the request complies with applicable
state and federal laws relating to privacy of health information. If the research committee
finds that disclosure of data in response to the request would violate any such law, then the
committee shall collaborate with the requestor to revise the request in order to preclude such
violation.

(3) In collaborating with a requestor as provided in Paragraph (2) of this Subsection,
the research committee shall employ methods for de-identifying case-specific data as defined
by the United States Centers for Disease Control and Prevention and any other
de-identification or statistical methods for disclosure protection.

(4) The research committee of the tumor registry shall not deny any request for
aggregate data for any reason that is unrelated to compliance with state or federal privacy
laws.

G. The tumor registry shall annually prepare a statistical report concerning cancer
rates and counts which includes data at the census tract level and shall submit the report to
the office of the president for inclusion with the annual cancer report required by R.S.
40:1105.10. The tumor registry shall also provide the statistical report required by this
Subsection to the Louisiana State University Health Sciences Center at New Orleans, the
Louisiana State University Health Sciences Center at Shreveport, the Louisiana Cancer
Advisory Board, and each participating hospital.

*Acts 2017, No. 373, §1; Acts 2018, No. 206, §4; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1105.8.2** Cancer data; electronic notifications and reports {#sec-40-1105.8.2 omnilex-key=us-la-statutes--rs-title-40--40:1105.8.2}

The Louisiana Tumor Registry shall develop and publish on its website a mechanism
by which individuals may elect to receive in electronic format notifications and reports
issued by the tumor registry.

*Acts 2017, No. 373, §1.*

##### **§ 40:1105.9** Louisiana Cancer Advisory Board {#sec-40-1105.9 omnilex-key=us-la-statutes--rs-title-40--40:1105.9}

A.(1) There is hereby created the Louisiana Cancer Advisory Board, which shall
consist of the following members appointed and reappointed by the governor, to serve at his
pleasure, upon recommendation of each institution and organization represented:

(a) A representative from the Tulane University School of Medicine.

(b) A representative from the Louisiana State University Health Sciences Center -
New Orleans.

(c) A representative from the Louisiana State University Health Sciences Center -
Shreveport.

(d) A representative from Ochsner Health.

(e) A representative of the Louisiana Department of Health.

(f) A representative of the Louisiana Cancer Prevention and Control Programs.

(g) A representative of the Louisiana Children's Medical Center.

(h) A representative of the Mary Bird Perkins Cancer Center.

(i) A representative of Xavier University of Louisiana.

(j) A representative of the Louisiana State Medical Society.

(k) A representative of the Acadiana Medical Research Foundation.

(l) A representative of the Louisiana Cancer Registrars Association.

(m) A representative of Willis Knighton Health System.

(n) A representative of the Franciscan Missionaries of Our Lady Health System.

(o) A representative from Woman's Hospital.

(2) Each appointment by the governor shall be subject to Senate confirmation.

B. Sufficient funds shall be allocated annually to the statewide registry program for
reporting cancer cases under the provisions of R.S. 40:1105.1 et seq. Administration of
funds shall be exercised by the office of the president.

C.(1) The board shall establish rules and regulations for its own procedures, establish
policies for the operation of the statewide registry program for reporting cancer cases
established under the provisions of R.S. 40:1105.1 et seq., and establish procedures for the
allocation of any monies collected pursuant to R.S. 47:120.63 for the purposes of cancer
prevention, control, or surveillance in Louisiana. Any member of the board with a direct
conflict of interest shall recuse himself from voting on the allocation of monies.

(2) The board shall elect from among its members a chairman, a vice chairman, a
secretary, and a treasurer. Any member may hold two of these positions. In the absence of
the chairman, the vice chairman shall preside and in the absence of the chairman and vice
chairman, the secretary shall preside.

(3) The members shall not receive compensation for their services but shall be
entitled to reimbursement for expenses, including travel expenses, incurred in the discharge
of their duties.

(4) Six members shall constitute a quorum for the transaction of business; however,
no board action shall be taken by a vote of less than a majority of the full board.

(5) The secretary shall keep complete and accurate records of all meetings and
actions taken by the board.

(6) The treasurer shall keep full and accurate financial records, make periodic reports
to the board, and submit a complete annual report, in written form, to the secretary.

(7) Meetings of the board shall be held at regular intervals as provided in the bylaws.
Emergency meetings may be held upon twenty-four hours actual notice and business
transacted, provided that not less than a majority of the full board concurs in the proposed
action.

D. A current report on the programs funded shall be made to the House Committee
on Ways and Means and to the Senate Committee on Revenue and Fiscal Affairs, meeting
jointly, prior to each regular session of the legislature.

E. Any member of the board or of a review panel, whether or not such member is
compensated by the institution or organization that the member represents, shall recuse
himself from participating in any discussion or voting regarding any matter relating to
awarding a grant or contracting with the institution or organization that the member is
appointed to represent. No member of the board or of a review panel who complies with the
recusal provisions contained in this Subsection shall be deemed to have violated the Code
of Governmental Ethics. The appointment of a compensated employee as a representative
of a designated institution or organization shall not constitute a prohibited relationship under
the provisions of the Code of Governmental Ethics.

*Added by Acts 1980, No. 825, §1, eff. Aug. 1, 1980. Amended by Acts 1982, No. 812, §1; Acts 1984, 1st Ex. Sess., No. 14, §1, eff. July 1, 1984; Acts 1985, No. 929, §1; Acts 1989, No. 355, §1; Acts 1992, No. 227, §1; Acts 1992, No. 984, §12; Acts 1993, No. 1004, §1; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.88 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1105.10** Annual cancer report {#sec-40-1105.10 omnilex-key=us-la-statutes--rs-title-40--40:1105.10}

A. The office of the president shall annually publish a comprehensive report based
on available information on the incidence of cancer in Louisiana and the progress made in
reducing or eliminating the high cancer rates in Louisiana.

B. The office of the president shall cause the report to be submitted by March thirty-first of each year to the governor, the speaker of the House of Representatives, the president
of the Senate, the House and Senate committees on health and welfare, and the governing
body of each parish in the state of Louisiana.

C. Repealed by Acts 2022, No. 252, §3.

*Added by Acts 1983, No. 711, §1. Amended by Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.89 by HCR 84 of 2015 R.S.; Acts 2017, No. 373, §1; Acts 2022, No. 252, §3.*

##### **§ 40:1105.11** Repealed by Acts 2024, No. 404, §3, eff. May 28, 2024. {#sec-40-1105.11 omnilex-key=us-la-statutes--rs-title-40--40:1105.11}

*Repealed by Acts 2024, No. 404, §3, eff. May 28, 2024.*

##### **§ 40:1105.12** Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates; creation; membership; duties {#sec-40-1105.12 omnilex-key=us-la-statutes--rs-title-40--40:1105.12}

A. The Louisiana Advisory Committee on Populations and Geographic Regions
With Excessive Cancer Rates is hereby created and shall be composed of the following
members:

(1) One member appointed by the Gulf South Tenants Association from the
membership of the Louisiana chapter.

(2) One member appointed by the Louisiana Medical Association from its
membership.

(3) One member appointed by the Louisiana Association of Black Social Workers
from its membership.

(4) Four persons appointed by the governor from the state at large who have
demonstrated an interest in efforts to combat and reduce the cancer rate in populations and
regions with excessive cancer rates, subject to Senate confirmation.

(5) One member of the House of Representatives appointed by the speaker of the
House.

(6) One member of the Senate appointed by the president of the Senate.

B. Members shall serve four-year terms, except that of the initial members, three
members shall be appointed for four-year terms, two members shall be appointed for three-year terms, two members shall be appointed for two-year terms, and two members shall be
appointed for a one-year term. Terms of office of the initial members shall be determined
by lot at the initial meeting. Each nonlegislative member shall serve without compensation.
Each legislative member shall receive per diem and be reimbursed for expenses as provided
by the rules of the appropriate house. A vacancy in an unexpired term shall be filled in the
manner of the original appointment.

C. A majority of the members of the committee shall constitute a quorum for the
transaction of all business.

D. The members of the committee shall elect from their membership a chairman and
a vice chairman.

E. The members shall be appointed and the initial meeting shall be held, on the call
of the committee member appointed from the House of Representatives, not later than
October 1, 1990.

F.(1) The committee shall review and study the current health status of populations
and residents of regions with excessive cancer rates, review the ability of such persons to
gain access to and utilize the health care system for cancer treatment, advise and consult with
the tumor registry in its efforts to gather data relative to and to assess factors contributing to
disparities in the health status of such populations and residents and other persons relative
to cancer, review existing research and service programs relative to cancer among Louisiana
residents, recommend strategies to redirect federal, state, local, and private resources and
programs to narrow the health differences between select populations and residents of certain
regions as related to cancer, suggest strategies by which the public and private sectors can
cooperate to bring about improvements in health status of Louisiana residents relative to
cancer, and encourage expanded participation in the tumor registry, cancer programs, and
cancer research.

(2) The committee may accept federal funds and funds from any private agency to
assist in carrying out the purposes of this Section.

(3) The committee shall make recommendations to and advise the secretary of the
Louisiana Department of Health and other appropriate department agencies and officers with
respect to the findings and recommendations of its studies as provided in this Subsection.

(4) The committee shall seek comment and review of its conclusions and findings
from appropriate scientific, medical, or health panels established by local chapters or
affiliates of national groups that may include but should not be limited to the following: the
Louisiana State Medical Society, the Louisiana Cancer Consortium, the Louisiana Cancer
Advisory Board, the National Cancer Institute, the American College of Epidemiology, the
U.S. Public Health Service, the Louisiana State University Health Sciences Center, the
American Cancer Society, etc. Final recommendations will be sent to the secretary of the
Louisiana Department of Health and other appropriate department agencies and officers as
provided in this Subsection.

(5) This committee shall not undertake to create new information or add original
research to the existing literature for this topic. Rather, the committee using all currently
available existing information systems, data bases, published and unpublished reports,
manuscripts, papers, and other documents shall make its nonbinding recommendations on
the basis of such previously existing information.

*Acts 1990, No. 815, §2; Acts 1999, No. 802, §5, eff. July 2, 1999; Redesignated from R.S. 40:1299.90.1 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1105.13** Breast Cancer Control Program {#sec-40-1105.13 omnilex-key=us-la-statutes--rs-title-40--40:1105.13}

A. The Women's Health Program, office of public health, Louisiana Department of
Health, shall provide a statewide Breast Cancer Control Program of preventive, health, and
medical care that concentrates on breast cancer detection, prevention, and treatment. The
purpose of this program is to supplement and maximize current resources and to expand and
increase the services presently offered. This program shall provide mammography
examinations and shall provide services and education necessary to prevent or reduce the
occurrence of breast cancer and increase the statewide mammography utilization rate, subject
to available funding derived from any available source.

B.(1) In this Section, "mammography examination" means mammographic
examinations, including but not limited to digital breast tomosynthesis, performed routinely
according to age requirements as set forth by department regulations, or performed no less
frequently than required by a treating physician.

(2) In this Section, "digital breast tomosynthesis" means a radiologic procedure that
involves the acquisition of projection images over the stationary breast to produce cross-sectional digital three-dimensional images of the breast.

C. To implement the provisions of this Section, there shall be a breast cancer control
agent in each of the Louisiana Department of Health regions, and all agents shall provide
individual annual reports to the Louisiana Cancer Advisory Board. The breast cancer control
agents will be responsible for increasing the statewide mammography utilization rate by
launching a statewide initiative and community outreach program to educate the public about
the benefits of early detection and treatment of breast cancer. The breast cancer control
agents shall seek additional sources of funding, both public and private, including federal
grants made available to states through 42 U.S.C. 300(k) et seq.

D. All health care facilities providing mammography examinations under this
program shall be certified in accordance with 42 U.S.C. 263(b).

E. The department shall adopt all regulations necessary to implement the provisions
of this Section.

F. The Breast Cancer Control Program established by this Section shall be funded
through the Health Excellence Fund created by Article VII, Section 10.8(A)(2) of the
Constitution of Louisiana and the Louisiana Fund created by Article VII, Section 10.9(A) of
the Constitution of Louisiana, both of which allow appropriations for the provision of
comprehensive chronic disease management services.

*Acts 2000, 1st Ex. Sess., No. 131, §1; Redesignated from R.S. 40:1299.90.2 by HCR 84 of 2015 R.S; Acts 2018, No. 494, §2, eff. January 1, 2019; Acts 2024, No. 404, §1, eff. May 28, 2024.*

##### **§ 40:1106** Redesignated to R.S. 40:1085.6 by HCR 84 of 2015 R.S. {#sec-40-1106 omnilex-key=us-la-statutes--rs-title-40--40:1106}

*Redesignated to R.S. 40:1085.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1107** Redesignated to R.S. 40:1085.7 by HCR 84 of 2015 R.S. {#sec-40-1107 omnilex-key=us-la-statutes--rs-title-40--40:1107}

*Redesignated to R.S. 40:1085.7 by HCR 84 of 2015 R.S.*

#### **PART IV** CYSTIC FIBROSIS

##### **§ 40:1107.1** Purpose {#sec-40-1107.1 omnilex-key=us-la-statutes--rs-title-40--40:1107.1}

The legislature hereby finds and declares that:

(1) Cystic fibrosis is a chronic and life-threatening genetic disorder affecting
respiratory, digestive, and other bodily functions which requires medical treatment and care
on a continuing basis.

(2) The cost and expense associated with the care and treatment of cystic fibrosis
imposes severe hardships and burdens upon individuals suffering from cystic fibrosis and
upon those responsible for the cost of such care and treatment, which without some form of
public or private medical and financial assistance can and does result in the inability and
failure of affected individuals to obtain proper and adequate medical care essential to the
treatment of this condition.

(3) One of the serious problems facing medicine and the public health and welfare
today is that while assistance and services are available to individuals with cystic fibrosis
under the age of twenty-one through the Children's Special Health Services program, such
services are not available to individuals with cystic fibrosis who are twenty-one years of age
or older, and for many such individuals there are no other sources of public or private aid
available for obtaining needed medical care and treatment.

(4) The legislature recognizes that recent medical advances and improvements in the
care and treatment of cystic fibrosis have resulted in increases in life span of affected
individuals and in a growing population of persons suffering from cystic fibrosis who are
twenty-one years of age or older, and that there is an immediate need to make proper and
adequate medical treatment and care available to such individuals in order to afford them
every opportunity to develop and realize their fullest human potential and to enhance the
quality of life.

*Added by Acts 1983, No. 498, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.118 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1107.2** Programs for individuals with cystic fibrosis who are twenty-one years of age or older {#sec-40-1107.2 omnilex-key=us-la-statutes--rs-title-40--40:1107.2}

A. The secretary of the Louisiana Department of Health, through the Children's
Special Health Services program in the office of public health established pursuant to R.S.
40:1071 et seq., shall make available and provide services and assistance to individuals with
cystic fibrosis who are twenty-one years of age or older under the same terms, conditions,
requirements, and criteria as are applied under the program to persons with cystic fibrosis
under twenty-one years of age, to the extent that funds are appropriated by the legislature for
the purpose of providing such services.

B. The secretary is authorized to promulgate such rules and regulations as are
necessary and appropriate to carry out the provisions of this Part.

*Added by Acts 1983, No. 498, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.119 by HCR 84 of 2015 R.S.*

##### **§ 40:1107.3** Funds {#sec-40-1107.3 omnilex-key=us-la-statutes--rs-title-40--40:1107.3}

The department may receive monies from any source, including state and federal
funds, grants, and gifts which shall be expended for the purposes designated in this Part.

*Added by Acts 1983, No. 498, §1; Redesignated from R.S. 40:1299.120 by HCR 84 of 2015 R.S.*

##### **§ 40:1108** Redesignated to R.S. 40:1085.8 by HCR 84 of 2015 R.S. {#sec-40-1108 omnilex-key=us-la-statutes--rs-title-40--40:1108}

*Redesignated to R.S. 40:1085.8 by HCR 84 of 2015 R.S.*

#### **PART V** DOWN SYNDROME: PUBLIC INFORMATION

##### **§ 40:1109.1** Definitions {#sec-40-1109.1 omnilex-key=us-la-statutes--rs-title-40--40:1109.1}

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Down syndrome" means a chromosomal condition caused by the presence of an
extra whole or partial copy of chromosome 21.

(3) "Healthcare facility" means a facility, including but not limited to a hospital, or
an office where a healthcare provider furnishes care to patients for health needs or medical
conditions.

(4)(a) "Healthcare provider" means a person who is licensed, certified, or otherwise
authorized by the laws of this state to provide health care or medical treatment in the ordinary
course of business or practice of a profession.

(b) "Healthcare provider" includes a genetic counselor.

(5) "Hospital" means a facility that is duly licensed as a hospital in accordance with
the provisions of the Hospital Licensing Law, R.S. 40:2100 et seq.

*Acts 2014, No. 352, §1; Redesignated from R.S. 40:1300.391 by HCR 84 of 2015 R.S.*

##### **§ 40:1109.2** Public information concerning Down syndrome {#sec-40-1109.2 omnilex-key=us-la-statutes--rs-title-40--40:1109.2}

A. The department shall identify current, evidence-based, written information
concerning Down syndrome that meets all of the following criteria:

(1) Has been reviewed by medical experts and national and local Down syndrome
organizations.

(2) Is designed for use by an expectant parent who receives a prenatal test result for
Down syndrome or a parent of a child who receives a diagnosis of Down syndrome.

(3) Does not engage in discrimination based on disability or genetic variation by
explicitly or implicitly presenting pregnancy termination as a neutral or acceptable option
when a prenatal test indicates a probability or diagnosis that the unborn child has Down
syndrome or any other health condition.

(4) Is culturally and linguistically appropriate for potential recipients of the
information and includes all of the following:

(a) Information addressing physical, developmental, educational, and psychosocial
outcomes, life expectancy, clinical course, and intellectual and functional development and
treatment options for individuals with Down syndrome.

(b) Contact information for national and local Down syndrome education and
support programs and services, including information hotlines, resource centers, and
clearinghouses.

B. With respect to public information concerning Down syndrome, the department
shall do all of the following:

(1) Provide the information identified pursuant to Subsection A of this Section to
healthcare facilities and healthcare providers that furnish prenatal care, postnatal care, or
genetic counseling to expectant parents who receive a prenatal test result for Down syndrome
and parents of a child diagnosed with Down syndrome.

(2) Make available the information identified pursuant to Subsection A of this
Section on its Internet website.

C.(1) Upon receipt of a positive result from a test for Down syndrome, a healthcare
facility or healthcare provider shall provide to the expectant parent or the parent of the child
diagnosed with Down syndrome the written information provided or made available by the
department pursuant to Subsection B of this Section.

(2) All information provided pursuant to the provisions of this Section shall be
culturally and linguistically appropriate for the recipient of the information, and shall not
engage in discrimination based on disability or genetic variation by explicitly or implicitly
presenting pregnancy termination as a neutral or acceptable option when a prenatal test
indicates a probability or diagnosis that the unborn child has Down syndrome or any other
health condition.

*Acts 2014, No. 352, §1; Redesignated from R.S. 40:1300.392 by HCR 84 of 2015 R.S.*

#### **PART VI** HEPATITIS C EDUCATION, PREVENTION, SCREENING, AND TREATMENT

##### **§ 40:1111.1** Short title {#sec-40-1111.1 omnilex-key=us-la-statutes--rs-title-40--40:1111.1}

This Part shall be known and may be cited as the "Hepatitis C Education, Prevention,
Screening, and Treatment Act".

*Acts 1999, No. 796, §1; Acts 2001, No. 940, §1; Redesignated from R.S. 40:1300.161 by HCR 84 of 2015 R.S.*

##### **§ 40:1111.2** Legislative findings; purpose {#sec-40-1111.2 omnilex-key=us-la-statutes--rs-title-40--40:1111.2}

A. The legislature hereby finds that:

(1) Hepatitis C is classified as a silent killer where no recognizable signs or
symptoms occur until severe liver damage has occurred.

(2) Hepatitis C has been characterized by the World Health Organization as a disease
of primary concern to humanity.

(3) Studies indicate that one and eight tenths percent of the population, nearly four
million Americans, carry the virus HCV that causes hepatitis C.

(4) The National Institutes of Health (NIH) estimated that thirty thousand acute new
infections occur each year in the United States and only twenty-five to thirty percent of those
are diagnosed.

(5) Current data sources indicate that eight to ten thousand Americans die from
hepatitis C each year.

B. It is the intent of the legislature to provide education, heighten awareness, and
enhance knowledge and understanding of hepatitis C in order to promote prevention and
early detection of the disease and to prevent the transmission thereof.

*Acts 1999, No. 796, §1; Acts 2001, No. 940, §1; Redesignated from R.S. 40:1300.162 by HCR 84 of 2015 R.S.*

##### **§ 40:1111.3** Protocols and guidelines; supply to healthcare and community service providers; education and prevention program; voluntary testing program; training of counselors {#sec-40-1111.3 omnilex-key=us-la-statutes--rs-title-40--40:1111.3}

A. The Louisiana Department of Health shall make available protocols and
guidelines developed by the National Institutes of Health on hepatitis C for educating
physicians and health professionals and training community service providers on the most
recent scientific and medical information on hepatitis C prevention, detection, diagnosis,
treatment, and therapeutic decisionmaking.

B. The guidelines provided in Subsection A of this Section may include but need not
be limited to guidelines for the following:

(1) Tracking and reporting of both acute and chronic cases of hepatitis C by public
health officials.

(2) A cost-efficient plan to screen the prison population and the medically indigent
population in the state.

(3) Protocols within the Department of Public Safety and Corrections to enable that
department to provide appropriate treatment to prisoners with hepatitis C.

(4) Protocols for the education of correctional officers and other correctional workers
who work with prisoners with hepatitis C.

(5) Protocols for public safety and healthcare workers who come in contact with
hepatitis C patients.

(6) Surveillance programs to determine the prevalence of hepatitis C in ethnic and
other high-risk populations.

(7) Education programs for high-risk individuals, including but not limited to
individuals who received blood transfusions prior to 1992, hemophiliacs, veterans, students,
and minority communities. Education programs may provide information and referral on
hepatitis C and the prevention thereof, including but not limited to education materials
developed by health-related companies, community-based or national advocacy
organizations, counseling, patient support groups, and existing hotlines for consumers.

C. The department shall develop a program to heighten awareness and enhance
knowledge and understanding of hepatitis C. The department shall:

(1) Conduct health education, public awareness, and community outreach activities
to promote public awareness and enhance knowledge about the risk factors, the value of early
detection, available screening services, and the options available for the treatment of hepatitis
C.

(2) Provide training to public health clinic staff regarding the treatment, detection,
and methods of transmission of hepatitis C.

(3) Identify to healthcare providers and employers the benefits of disease awareness
and prevention.

(4) Develop a prevention program to reduce the risk of transmission of hepatitis C.

D.(1) As additional funding is made available for this purpose, and based on existing
epidemiological data, the department may establish a voluntary hepatitis C testing program
in high-risk areas. In addition to the tests, such program shall include confidential
counseling regarding the nature and treatment of the disease and its possible psychosocial
effects.

(2) The department may contract with public and private entities to perform the
screening, laboratory testing, and training, as necessary, according to local circumstances and
as additional funding is made available for this purpose.

(3) The results of a test conducted in accordance with this Section shall be kept
confidential and shall not be used for insurance purposes, for screening or determining
suitability for employment, or for discharging a person from employment. Each disclosure
is considered a separate violation hereunder.

(4) A person who intentionally violates Paragraph (3) of this Subsection is liable to
a person injured by such violation. The injured party may bring a civil suit for damages and
may recover, for each violation from the person violating Paragraph (3) of this Subsection,
the greater of one thousand dollars or actual damages and reasonable attorney fees.

(5) In addition to the remedies provided by Paragraph (4) of this Subsection, the
injured person may bring an action to restrain or to enjoin a violation of Paragraph (3) of this
Subsection.

E. The department shall develop and offer a training course for people who provide
hepatitis C counseling, including that required in Paragraph (D)(1) of this Section. The
training course must include information relating to the special needs of people with positive
hepatitis C test results, including the importance of early intervention and treatment and
recognition of psychosocial needs.

F. Specifically regarding the increased risk to veterans, the department shall make
available to all veterans, physicians, other healthcare providers, and other persons at high risk
for hepatitis C, educational materials, in written and electronic forms, on the diagnosis,
treatment, and prevention of hepatitis C. Such materials shall include the recommendations
of the United States Centers for Disease Control and Prevention, United States Department
of Health and Human Services, and any other entity having knowledge on hepatitis C,
including the American Liver Foundation.

*Acts 1999, No. 796, §1; Acts 2001, No. 940, §1; Acts 2004, No. 687, §1; Redesignated from R.S. 40:1300.163 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

#### **PART VII** HUMAN IMMUNODEFICIENCY VIRUS

##### **§ 40:1113.1** Definitions {#sec-40-1113.1 omnilex-key=us-la-statutes--rs-title-40--40:1113.1}

As used in this Part:

(1) "Autologous donations" means the donation or collection of blood, blood
products, or tissue from a patient strictly intended for that patient's own future use.

(2) "Health care provider" means a person, partnership, corporation, facility, or
institution licensed by the state or federal government to provide health care or professional
services as a physician, osteopath, hospital, blood bank or tissue bank and/or an officer,
employee, or agent thereof acting in the course and scope of his employment.

(3) "HIV test" means a laboratory test approved by the Louisiana Department of
Health to detect antibodies to the human immunodeficiency virus.

(4) "Patient" means a natural person who receives health care from a health care
provider.

(5) A "positive reaction" means a positive HIV test with a positive confirmatory test,
including, but not limited to the western blot.

*Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.141 by HCR 84 of 2015 R.S.*

##### **§ 40:1113.2** Blood and tissue storage facilities; test for HIV {#sec-40-1113.2 omnilex-key=us-la-statutes--rs-title-40--40:1113.2}

A. A blood bank, tissue bank, or other blood or tissue storage facility shall perform
an HIV test on the blood or tissue of all donors or cause such test to be performed. A blood
or tissue storage facility shall not accept a blood or tissue donation from a donor whose HIV
test results in a positive reaction unless:

(1) The secondary, corroborative HIV test provides evidence that the first HIV test
was a false positive reaction.

(2) The blood, tissue, or a product of the blood of the donor will only be used for
research purposes.

B. The results of the tests performed pursuant to this Section shall be released only
to:

(1) The subject of the test;

(2) The subject's or patient's treating physician;

(3) A health care provider who procures, processes, distributes, or uses an anatomical
gift for the sole purpose of ascertaining the medical acceptability of the anatomical gift;

(4) The coroner, funeral director, or other person who examines or prepares the body
of a decedent for burial or other disposition; or

(5) The office of public health of the Louisiana Department of Health for the
restricted purpose of controlling the spread of communicable diseases as authorized by Title
36 and Title 40 of the Louisiana Revised Statutes and by the Louisiana State Sanitary Code.

*Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.142 by HCR 84 of 2015 R.S.*

##### **§ 40:1113.3** Administration of blood, tissue, fluids to patient {#sec-40-1113.3 omnilex-key=us-la-statutes--rs-title-40--40:1113.3}

No physician, osteopath, hospital, blood bank, or tissue bank, or such health care
provider's officers, employees, or agents authorized by law to administer blood, tissue, or
fluids shall administer to a patient blood, blood products, body tissue, or body fluids donated
by another individual unless:

(1) The donated blood, blood products, body tissue, or body fluids have been
subjected to an HIV test; and

(2) The HIV test performed produced a negative result.

*Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.143 by HCR 84 of 2015 R.S.*

##### **§ 40:1113.4** Emergencies {#sec-40-1113.4 omnilex-key=us-la-statutes--rs-title-40--40:1113.4}

The provisions of this Part shall not be applicable in emergency situations, which are
hereby defined to include but not be limited to those situations in which a patient is in
imminent danger of death or great bodily harm and blood or tissue screened pursuant to this
Part is not available.

*Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.144 by HCR 84 of 2015 R.S.*

##### **§ 40:1113.5** Penalty {#sec-40-1113.5 omnilex-key=us-la-statutes--rs-title-40--40:1113.5}

Whoever violates the provisions of this Part shall be fined not more than two
thousand dollars.

*Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.145 by HCR 84 of 2015 R.S.*

##### **§ 40:1113.6** Rules and regulations {#sec-40-1113.6 omnilex-key=us-la-statutes--rs-title-40--40:1113.6}

The secretary of the Louisiana Department of Health shall promulgate rules and
regulations necessary to carry out the provisions of this Part in accordance with the
Administrative Procedure Act.

*Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.146 by HCR 84 of 2015 R.S.*

##### **§ 40:1113.7** Autologous donations {#sec-40-1113.7 omnilex-key=us-la-statutes--rs-title-40--40:1113.7}

The provisions of this Part shall not be construed or interpreted to prohibit or exclude
autologous donations or preparation, handling and storage of autologous donations of blood,
blood products, body tissue, or body fluids for the intended purpose of transfusions or
reimplantation into the original donor.

*Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.147 by HCR 84 of 2015 R.S.*

#### **PART VIII** KIDNEY DISEASE

##### **§ 40:1115.1** Clinical laboratories; estimated glomerular filtration rate (eGFR) {#sec-40-1115.1 omnilex-key=us-la-statutes--rs-title-40--40:1115.1}

A. A clinical laboratory licensed in this state pursuant to R.S. 37:1270 and which
tests specimens to determine the serum creatinine level of a patient eighteen years of age or
older, as ordered or prescribed by a health care professional authorized to make such an order
or prescription, shall calculate the patient's estimated glomerular filtration rate (eGFR).

B. The estimated glomerular filtration rate shall be determined by using information
as is provided by the health care professional or patient, as applicable. The testing laboratory
shall only be required to provide the eGFR if necessary information is provided by the patient
or patient's health care professional.

C. The laboratory shall include the patient's estimated glomerular filtration rate with
its report to the health care professional.

D. The requirements of this Section shall not apply to any specimen that is being
tested in accordance with a clinical trial or research or to any specimen that is being tested
for a patient admitted as an inpatient.

*Acts 2006, No. 595, §1; Redesignated from R.S. 40:1181 by HCR 84 of 2015 R.S.*

#### **PART IX** TUBERCULOSIS

#### **SUBPART A** TUBERCULOSIS - GENERAL

##### **§ 40:1117.1** Persons admitted and committed to sanatoria {#sec-40-1117.1 omnilex-key=us-la-statutes--rs-title-40--40:1117.1}

A. Any indigent person suffering from tuberculosis who is a bona fide resident of
Louisiana may be admitted to any state-operated hospital upon the handwritten
recommendation of any registered physician and upon being found a fit subject entitled to
such admission after investigation under regulations made by the Louisiana Department of
Health. Except as hereinafter provided, these regulations shall govern all such admissions
without distinction and nothing in this Section empowers the Louisiana Department of
Health to make special rules or exceptions governing individual specific cases. All
regulations as to admission shall be general in character.

B. The Louisiana Department of Health shall also admit to any state-operated
hospital any person having tuberculosis who has been sentenced by any district court in the
state for violating those provisions of the state sanitary code dealing with isolation or
quarantine of communicable disease and who at the discretion of the court has been
specifically committed to serve his sentence at such a hospital. This provision shall not be
construed to mean that the Louisiana Department of Health must provide security measures
at the hospital for retaining these offenders. Furthermore, if any person committed to a state-operated hospital by court order for violating those provisions of the sanitary code dealing
with isolation or quarantine of communicable disease creates a grave disciplinary problem
and tends to disrupt the efficient operation of that institution, or leaves without completing
his sentence and without authority, the superintendent of the hospital shall petition the court
which committed the person to transfer that person to the hospital section of the state
penitentiary or to order that person to be apprehended and committed to that institution for
the remainder of his sentence.

*Amended by Acts 1960, No. 356, §2; Acts 1966, No. 384, §1; Acts 1977, No. 508, §1; Acts 1977, No. 519, §1; Acts 2001, No. 1032, §14; Redesignated from R.S. 40:1172 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

#### **SUBPART B** TUBERCULOSIS TESTING FOR ADMISSION TO NURSING HOMES

##### **§ 40:1119.1** Tuberculosis testing for admission to nursing homes {#sec-40-1119.1 omnilex-key=us-la-statutes--rs-title-40--40:1119.1}

Any person applying for admission to a nursing home, as defined in R.S.
40:2009.2(1), shall be screened, according to guidelines established by the Louisiana
Department of Health, for tuberculosis prior to admission. If the results of the screening are
positive, the person shall consult with his treating physician and the nursing home
administrator of the nursing home that he is applying to to determine if admission to such
nursing home is in the best interest of the applicant as well as other patients residing in such
nursing home.

*Acts 1992, No. 423, §1; Redesignated from R.S. 40:1300.31 by HCR 84 of 2015 R.S.*

##### **§ 40:1121** Redesignated to R.S. 40:1279.1 by HCR 84 of 2015 R.S. {#sec-40-1121 omnilex-key=us-la-statutes--rs-title-40--40:1121}

*Redesignated to R.S. 40:1279.1 by HCR 84 of 2015 R.S.*

#### **PART X** VENEREAL DISEASES

#### **SUBPART A** GENERAL PROVISIONS

##### **§ 40:1121.1** Definition {#sec-40-1121.1 omnilex-key=us-la-statutes--rs-title-40--40:1121.1}

In this Subpart, "venereal disease" means syphilis, gonorrhea, chancroid, or any other
infectious disease primarily transmitted from one person to another by means of a sexual act.

*Acts 2007, No. 153, §1; Redesignated from R.S. 40:1061 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.2** Infection of others prohibited {#sec-40-1121.2 omnilex-key=us-la-statutes--rs-title-40--40:1121.2}

It is unlawful for any person to inoculate or infect another person in any manner with
a venereal disease or to do any act which will expose another to inoculation or infection with
a venereal disease.

Redesignated from R.S. 40:1062 by HCR 84 of 2015 R.S.

##### **§ 40:1121.3** Testing of donors of semen specimens; use of specimens; penalties {#sec-40-1121.3 omnilex-key=us-la-statutes--rs-title-40--40:1121.3}

A. No public or private health facility, agency, or physician which provides human
artificial insemination services on an anonymous basis shall use fresh semen specimens. The
provisions of this Section shall not be construed or interpreted in any way to prohibit the use
of a wife's spouse's semen for artificial insemination purposes.

B. A health facility, agency, or physician which provides human artificial
insemination services on an anonymous basis using frozen semen shall test each semen donor
for the presence in the donor of HIV-1 antibodies, which have been associated with acquired
immune deficiency syndrome (AIDS). The donated semen shall be stored and quarantined
until the HIV-1 antibodies test and a second test six months from the date of donation are
completed. A regular donor may be tested for the presence of HIV-1 antibodies on a regular
basis, but shall be tested at least once every six months. A health facility, agency, or
physician shall not accept or use for artificial insemination purposes:

(1) Any semen specimen, except that of a wife's spouse, from a donor who has not
been subjected to an initial HIV-1 antibodies test which produced a negative result and
subjected to a second test six months later which produced a negative result; or

(2) Any semen specimen from a donor whose first or subsequent HIV-1 antibodies
test result is positive, unless a corroborative HIV-1 test provides evidence that the positive
HIV-1 test result was a false positive reaction.

C. The results of the tests performed pursuant to this Section shall be released only
to the subject of the test; the subject's treating physician; or the office of public health of the
Louisiana Department of Health for the limited purpose of statistical summary and analysis.

D. The Louisiana Department of Health shall promulgate rules to implement the
provisions of this Section.

E. A health facility, agency, or physician which violates any of the provisions of this
Section shall be fined not more than two thousand dollars, and shall be liable for damages
in a civil action.

*Acts 1988, No. 680, §1; Redesignated from R.S. 40:1062.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.4** Examination of persons suspected of being infected {#sec-40-1121.4 omnilex-key=us-la-statutes--rs-title-40--40:1121.4}

The Louisiana Department of Health, hereinafter referred to as the "department,"
through an authorized medical representative appointed for that purpose, may give a physical
examination to any person suspected of being infected with a venereal disease. The
examination shall be given under conditions thought reasonable by the department. No
person shall fail or refuse to submit to this examination.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1063 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.5** Isolation, quarantine, or internment of persons affected {#sec-40-1121.5 omnilex-key=us-la-statutes--rs-title-40--40:1121.5}

Any person affected with a venereal disease is subject to isolation, quarantine, or
internment, on the order of the department, and shall submit to any treatment for such a time
and under such restrictions as seems reasonable and proper to the department.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1064 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.6** Expedited partner therapy {#sec-40-1121.6 omnilex-key=us-la-statutes--rs-title-40--40:1121.6}

A. The purpose of this Section is to allow for the provision of medications or
prescriptions by any physician licensed to practice medicine in this state or any advanced
practice registered nurse who is licensed to practice nursing in this state, or any physician
assistant, who is licensed to practice in this state, provided such physician or nurse or
physician assistant has the authority to write prescriptions in this state, to individuals who
may have been exposed to gonorrhea or chlamydia. Expedited partner therapy is hereby
authorized absent a doctor-patient relationship and absent clinical assessment.

B. Notwithstanding any other provisions of law to the contrary, any physician or any
advanced practice registered nurse who diagnoses or does a nurse clinical assessment or any
physician assistant who performs an examination of a case of chlamydia or gonorrhea in an
individual patient may prescribe, furnish, or otherwise provide prescription antibiotic drugs
to that patient's sexual partner or partners absent a doctor-patient relationship or absent an
advanced practice registered nurse-patient relationship and without examination or nurse
clinical assessment or physician assistant examination of that patient's sexual partner or
partners.

C. If expedited partner therapy is chosen as an alternative, the patient with a case of
chlamydia or gonorrhea will be given a written document that he agrees to give to his sexual
contact. The document will contain, but will not be limited to, the following information:

(1) The sexual contact should be examined and treated by a physician, advanced
practice registered nurse or physician assistant, if at all possible.

(2) The medicine or prescription for medicine given to the sexual contact by the
patient should not be taken by the contact if the contact has a history of allergy to the
antibiotic or to the pharmaceutical class of antibiotic in which case the sexual contact should
be examined and treated by a physician, advanced practice registered nurse or physician
assistant and offered another type of antibiotic treatment.

(3) The medicine or prescription for medicine given to the sexual contact by the
patient should not be taken by the contact if the contact is pregnant, in which case the sexual
contact should be examined by the prenatal care health care provider.

D. Any pharmacist licensed to practice pharmacy in this state may recognize a
prescription authorized by this Section as valid notwithstanding any other provision of law
or administrative rule to the contrary.

E. The provisions of this Section which relate to expedited partner therapy shall be
implemented according to rules promulgated by the secretary of the Louisiana Department
of Health in accordance with the Administrative Procedure Act.

*Acts 2008, No. 449, §1, eff. June 25, 2008; Redesignated from R.S. 40:1064.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.7** Report of cases {#sec-40-1121.7 omnilex-key=us-la-statutes--rs-title-40--40:1121.7}

A. Every licensed physician in this state and every superintendent or manager of a
hospital or dispensary in this state shall report to the department every case of venereal
disease which he attends or examines or for which he prescribes or gives treatment in
accordance with the requirements of the Louisiana Sanitary Code. This report shall be made
within the time period prescribed in the Louisiana Sanitary Code. The report shall be made
on, or in substantial conformity with, a form provided for that purpose by the office. The
report shall contain the identifying information required by the Louisiana Sanitary Code.

B. If the person affected with the venereal disease fails or refuses, for a period of ten
days or more after the diagnosis as a venereal disease, to submit to proper treatment or if he
exposes any other person to infection with the venereal disease, the attending physician shall
make a supplementary report regarding these facts to the department.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2007, No. 153, §1, eff. August 15, 2007; Redesignated from R.S. 40:1065 by HCR 84 of 2015 RS.*

##### **§ 40:1121.8** Minor's consent for treatment of venereal diseases {#sec-40-1121.8 omnilex-key=us-la-statutes--rs-title-40--40:1121.8}

A. Consent to the provision of medical or surgical care or services by a hospital or
public clinic, or to the performance of medical or surgical care or services by a physician,
licensed to practice medicine in this state, when executed by a minor who is or believes
himself to be afflicted with a venereal disease, shall be valid and binding as if the minor had
achieved his majority. Any such consent shall not be subject to a later disaffirmance by
reason of his minority.

B. The consent of a spouse, parent, guardian or any other person standing in a
fiduciary capacity to the minor shall not be necessary in order to authorize such hospital care
or services or medical or surgical care or services to be provided by a physician licensed to
practice medicine to such a minor.

C. Upon the advice and direction of a treating physician, or, in the case of a medical
staff, any one of them, a physician or member of a medical staff may, but shall not be
obligated to, inform the spouse, parent or guardian of any such minor as to the treatment
given or needed, and such information may be given to, or withheld from the spouse, parent
or guardian without the consent and over the express objection of the minor.

D. No physician licensed to practice medicine in this state shall incur civil or
criminal liability in connection with any examination, diagnosis and treatment authorized by
this Section except for negligence.

*Added by Acts 1970, No. 41, §1; Redesignated from R.S. 40:1065.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.9** Sale of drug as cure or treatment {#sec-40-1121.9 omnilex-key=us-la-statutes--rs-title-40--40:1121.9}

No person shall sell any drug, medicine, or preparation advertised, called for, or
labeled as a cure or treatment of a venereal disease, except on written prescription of a
licensed physician.

Redesignated from R.S. 40:1066 by HCR 84 of 2015 R.S.

##### **§ 40:1121.10** Rules and regulations {#sec-40-1121.10 omnilex-key=us-la-statutes--rs-title-40--40:1121.10}

The secretary of the Louisiana Department of Health shall make all necessary rules
and regulations for the carrying out of the purposes of this Subpart. These rules and
regulations shall be printed in pamphlet or folder form in sufficient numbers for free
distribution among physicians, sanitariums, and the general public.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1067 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.11** Penalty {#sec-40-1121.11 omnilex-key=us-la-statutes--rs-title-40--40:1121.11}

Whoever violates any provision of this Subpart or any rule or regulation made
hereunder shall, for the first offense, be fined not less than ten dollars nor more than two
hundred dollars. For the second offense, he shall be fined not less than twenty-five dollars
nor more than four hundred dollars. For each subsequent offense, he shall be fined not less
than fifty dollars nor more than five hundred dollars or imprisoned for not less than ten days
nor more than six months, or both.

*Redesignated from R.S. 40:1068 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

#### **SUBPART B** PREGNANT WOMEN

##### **§ 40:1121.21** Blood samples; standard test {#sec-40-1121.21 omnilex-key=us-la-statutes--rs-title-40--40:1121.21}

A.(1)(a) Every primary, treating healthcare provider who provides routine prenatal
care, services, or screening to a pregnant woman shall provide HIV and syphilis blood tests
to the pregnant woman during the pregnant woman's initial prenatal care visit with that
healthcare provider during the woman's first trimester and the pregnant woman's first
prenatal care visit in the third trimester with that healthcare provider or as soon as possible
thereafter.

(b) Any admitting healthcare provider who attends any pregnant woman during labor
and delivery shall provide HIV and syphilis blood tests to the pregnant woman at that time.
The pregnant woman shall be informed that the testing will be performed unless the woman
declines the testing.

(c) A blood sample shall be taken and submitted to any approved laboratory for a
standard test for syphilis as approved by the American Board of Pathology and a standard
diagnostic HIV test approved by the Food and Drug Administration, unless the pregnant
woman has declined the testing.

(2) In addition to the tests required in this Section, the pregnant woman shall be
tested for chlamydia and gonorrhea at the first prenatal visit, and if a pregnant woman tests
positive or it is deemed necessary by the healthcare provider, he shall offer testing in the third
trimester.

B. For purposes of this Section, "healthcare provider" means a licensed physician,
licensed advanced practice registered nurse or nurse practitioner, licensed physician assistant,
or licensed or certified midwife.

C. All testing that is provided by a healthcare provider pursuant to the provisions of
this Section shall be considered a medically necessary covered service by any health
insurance issuer as defined in R.S. 22:1005 and by any managed care organization as defined
in R.S. 46:460.51. In addition, health insurance issuers and managed care organizations shall
be prohibited from requiring prior authorization or imposing any utilization management
requirements as a condition of payment for any testing provided pursuant to the provisions
of this Section.

*Acts 2007, No. 153, §1; Acts 2014, No. 459, §1, eff. June 4, 2014; Redesignated from R.S. 40:1091 by HCR 84 of 2015 R.S.; Acts 2025, No. 437, §1, eff. June 20, 2025.*

##### **§ 40:1121.22** Nature of standard test {#sec-40-1121.22 omnilex-key=us-la-statutes--rs-title-40--40:1121.22}

For the purpose of this Subpart, a standard test for syphilis is a test approved by the
American Board of Pathology and shall be made at a laboratory operated by a duly licensed
physician and pathologist as recognized by the American Board of Pathology or in a
laboratory in a hospital approved by the American College of Surgeons as unconditionally
meeting its minimum standards. A standard diagnostic HIV test is a test approved by the
Food and Drug Administration and may include tests performed by a duly licensed physician
or by other approved staff.

*Acts 2007, No. 153, §1; Redesignated from R.S. 40:1092 by HCR 84 of 2015 R.S.*

##### **§ 40:1121.23** Reports on birth and stillbirth certificates {#sec-40-1121.23 omnilex-key=us-la-statutes--rs-title-40--40:1121.23}

In reporting every birth and stillbirth, physicians and others required to make the
reports shall state on the certificate whether a standard test for syphilis has been made upon
a specimen of blood taken from the woman who bore the child for which a birth or stillbirth
certificate is filed.

Redesignated from R.S. 40:1093 by HCR 84 of 2015 R.S.

##### **§ 40:1121.24** Use of controlled dangerous substances while pregnant; multidisciplinary team {#sec-40-1121.24 omnilex-key=us-la-statutes--rs-title-40--40:1121.24}

A. A district attorney in a parish with a population of not less than twenty-seven
thousand and not more than thirty thousand, a parish with a population of not less than one
hundred fifty thousand and not more than one hundred sixty thousand, and a parish with a
population of not less than three hundred thousand and not more than four hundred thousand
according to the most recent federal decennial census may convene a multidisciplinary team
to assist in making a determination of the appropriate disposition of a case where a pregnant
woman under arrest tests positive for controlled dangerous substances for which she does not
have a valid, legal prescription, as provided for in the Uniform Controlled Dangerous
Substances Law. Each member of the multidisciplinary team shall serve a term of two years.

B. The multidisciplinary team may include but is not limited to the following
persons:

(1) A Louisiana board-certified physician trained in obstetrics and gynecology.

(2) A licensed nurse with experience in caring for drug- or alcohol-exposed newborn
infants.

(3) A law enforcement officer employed by a local or state law enforcement agency.

(4) An employee of the Department of Children and Family Services with a
background and experience with federal and state benefits, such as Medicaid.

(5) An individual associated with a nonprofit organization with a background and
experience in charitable and faith-based resources for treatment of alcohol and drug abuse
or addiction.

(6) A licensed social worker or counselor with training and experience in the
treatment of drug or alcohol addiction.

C. As used in this Section, "appropriate disposition" may include but shall not be
limited to filing a petition for involuntary commitment as provided for in R.S. 28:53 and 53.2
to a public facility or a private facility willing to accept the pregnant woman for treatment.

D. The authority provided by the provisions of this Section shall exist from the time
of arrest to the time of dismissal, acquittal, or conviction.

*Acts 2012, No. 579, §1; Redesignated from R.S. 40:1094 by HCR 84 of 2015 R.S.*

##### **§ 40:1122** Repealed by Acts 1980, No. 299, §1 {#sec-40-1122 omnilex-key=us-la-statutes--rs-title-40--40:1122}

*Repealed by Acts 1980, No. 299, §1*

#### **PART XI** RARE DISEASES

##### **§ 40:1122.1** Louisiana Rare Disease Advisory Council {#sec-40-1122.1 omnilex-key=us-la-statutes--rs-title-40--40:1122.1}

A. For the purpose of this Part, the following terms have the meanings ascribed to
them:

(1) "Board" means the Drug Utilization Review board established by the Louisiana
Department of Health.

(2) "Department" means the Louisiana Department of Health.

(3) "Rare disease" means any disease or condition that affects fewer than two
hundred thousand persons in the United States. Rare disease shall also mean sickle cell
disease and sarcoidosis.

B.(1) The Louisiana Rare Disease Advisory Council is hereby created within the
Louisiana Department of Health.

(2) The Louisiana Rare Disease Advisory Council, referred to hereafter in this Part
as the "advisory council", shall serve only in a resource capacity to any public and private
agency located in this state that provides services for a person who has been diagnosed with
a rare disease.

(3) The advisory council shall be composed of the following members:

(a) One member appointed by the president of the Senate.

(b) One member appointed by the speaker of the House of Representatives.

(c) Members appointed by the governor as follows:

(i) One representative from the department.

(ii) Two representatives from academic research institutions in this state that conduct
rare disease research.

(iii) Two physicians who are licensed and practicing in this state with experience in
researching, diagnosing, or treating rare diseases.

(iv) One geneticist who is licensed and practicing in this state.

(v) One registered nurse or advanced practice registered nurse who is licensed and
practicing in this state and has experience treating rare diseases.

(vi) Two residents of this state who are eighteen years of age or older and who have
either been diagnosed with a rare disease or is a caregiver for a person who has been
diagnosed with a rare disease.

(vii) One representative of a rare disease patient organization operating in this state.

(4) The governor shall determine who serves as the chair and vice chair of the
advisory council.

(5) To the extent practicable, every organization or entity that provides a nomination
to the advisory council shall strive for diversity in its appointment on the basis of race,
ethnicity, sex, professional or educational background, and geographic residency.

C. The advisory council shall hold its initial meeting no later than October 1, 2021.
The advisory council shall meet at least quarterly in a calendar year and at any other time as
it deems necessary.

D. The purposes of the advisory council include all of the following:

(1) To provide input and feedback to the department and any other state agency on
matters that affect a person who has been diagnosed with a rare disease, including but not
limited to all of the following:

(a) Pandemic preparedness and response and its impact on a person living with a rare
disease.

(b) Research, education, diagnosis, and treatment relating to rare diseases within this
state.

(c) Rare diseases in general, the severity of rare diseases, and unmet medical needs
associated with rare diseases.

(d) The demographics and clinical description of patient populations.

(e) Timely access to screening, care, insurance or Medicaid coverage, specialists, and
other needed services for a patient who has been diagnosed with a rare disease.

(f) The impact that coverage, cost-sharing, tiering, and any other utilization
management procedure has on providing treatment and services to a patient who has been
diagnosed with a rare disease.

(2) To provide expert and clinical advice to the board in its review of treatments for
a rare disease. The treatments may include drugs or biological products emerging from fields
of personalized medicine and non-inheritable gene editing therapeutics.

(3) To provide a report to the governor, the Legislature of Louisiana, the department,
and any other relevant agency of both of the following:

(a) Any findings, activities, and progress of the advisory council pursuant to the
provisions of Paragraphs (1) and (2) of this Subsection.

(b) Any recommendations for addressing the needs of a person living with a rare
disease in this state.

E. The advisory council shall not have authority on any matter relating to the
department or the board.

F. Nothing in this Section shall require the board to follow the recommendations of
the advisory council.

G. Nothing in this Section shall require the advisory council, the board, or any state
agency to consult with a person on any matter or be required to meet with any specific expert
or stakeholder.

H. An advisory council member shall not receive any compensation for serving on
the advisory council.

*Acts 2021, No. 321, §2; Acts 2022, No. 271, §4.*

#### **PART XII** PERINATAL MENTAL HEALTH POLICY

##### **§ 40:1123.1** Short title {#sec-40-1123.1 omnilex-key=us-la-statutes--rs-title-40--40:1123.1}

This Part shall be known and may be cited as "The Perinatal Mood and Anxiety
Disorders Act".

Acts 2022, No. 188, §1.

NOTE: Former R.S. 40:1123.1 redesignated as R.S. 40:1300.41 by Acts 2022, No.
271, §9A.

##### **§ 40:1123.2** Awareness {#sec-40-1123.2 omnilex-key=us-la-statutes--rs-title-40--40:1123.2}

In accordance with this Part, all hospitals and birthing centers that provide labor and
delivery services shall, prior to discharge following pregnancy, provide pregnant women and
their family members information about perinatal mood and anxiety disorders, including the
symptoms, treatment, and available resources. The Louisiana Department of Health bureau
of family health, in cooperation with the office of behavioral health, shall make such
information available to hospitals and birthing centers and shall include this information on
the department's website.

Acts 2022, No. 188, §1.

NOTE: Former R.S. 40:1123.2 redesignated as R.S. 40:1300.42 by Acts 2022, No.
271, §9A.

##### **§ 40:1123.3** Screening for postpartum or related mental health disorders {#sec-40-1123.3 omnilex-key=us-la-statutes--rs-title-40--40:1123.3}

A. Healthcare providers who provide postnatal care to women up to twelve months
following the birth shall screen for the signs and symptoms of postpartum depression or
related mental health disorders through a validated screening tool in accordance with the
recommendations from the American College of Obstetricians and Gynecologists if in the
exercise of their professional medical judgment the healthcare providers believe that such
screening would be in the best interest of the patient.

B. Upon the consent of the caregiver, a healthcare provider who is providing
pediatric care to an infant shall screen the caregiver for postpartum depression or related
mental health disorders in accordance with the recommendations of the American Academy
of Pediatrics if in the exercise of his professional medical judgment the healthcare provider
believes that such screening would be in the best interest of the patient. Screenings pursuant
to this Subsection shall not create either a physician-patient relationship between the
healthcare provider and the caregiver or any continuing obligation to provide medical
services or referral by the healthcare provider.

Acts 2022, No. 188, §1.

NOTE: Former R.S. 40:1123.3 redesignated as R.S. 40:1300.43 by Acts 2022, No.
271, §9A.

##### **§ 40:1123.4** Treatment; access to perinatal mental health providers {#sec-40-1123.4 omnilex-key=us-la-statutes--rs-title-40--40:1123.4}

The Louisiana Department of Health shall work with the Medicaid managed care
organizations to do the following:

(1) Identify providers who specialize in pregnancy-related and postpartum depression
or related mental health disorders and pregnancy-related and postpartum substance use
disorders, which are searchable by location.

(2) Develop network adequacy standards for treatment of pregnant and postpartum
women with depression or related mental health disorders and pregnant and postpartum
women with substance use disorders.

Acts 2022, No. 188, §1.

NOTE: Former R.S. 40:1123.4 redesignated as R.S. 40:1300.44 by Acts 2022, No.
271, §9A.

##### **§ 40:1123.5** Prenatal screening for substance use disorder {#sec-40-1123.5 omnilex-key=us-la-statutes--rs-title-40--40:1123.5}

A. Every licensed healthcare provider who provides prenatal care to a pregnant
woman shall screen her for substance use disorder during the first trimester of pregnancy or
at the time of first examination after confirming pregnancy, if the provider utilizing his
professional medical judgment believes that the screening would be in the best interest of the
patient and such screening has not already occurred. The healthcare provider providing such
screening shall utilize a validated verbal screening tool for substance use disorder that aligns
with standards of the American College of Obstetricians and Gynecologists. The Louisiana
Department of Health, office of public health, shall post a list of approved validated verbal
screening tools on its website. For purposes of this Section, "licensed healthcare provider"
means a physician, advanced practice registered nurse, or physician assistant.

B. After administering the screening provided for in Subsection A of this Section,
a licensed healthcare provider who determines that a pregnant woman is at risk for substance
use disorder shall refer the woman for appropriate treatment.

*Acts 2025, No. 437, §1, eff. June 20, 2025.*

#### **PART XII-A** PERINATAL PHYSICAL HEALTH POLICY

##### **§ 40:1124.1** Screening for prenatal and postpartum health disorders {#sec-40-1124.1 omnilex-key=us-la-statutes--rs-title-40--40:1124.1}

Healthcare providers who provide prenatal and postpartum care to women shall
screen for the signs and symptoms of hypertension and preeclampsia through a validated
screening tool in accordance with the recommendations from the American College of
Obstetricians and Gynecologists if, in the exercise of their professional medical judgment,
the healthcare providers believe that such screening would be in the best interest of the
patient.

*Acts 2024, No. 299, §1, eff. May 28, 2024.*

##### **§ 40:1124.2** Discharge information; hospital and birthing center requirements {#sec-40-1124.2 omnilex-key=us-la-statutes--rs-title-40--40:1124.2}

A. All hospitals and birthing centers that provide labor and delivery services shall,
prior to discharge following birth, provide the mother and her family members information
about post-birth warning signs, including symptoms and available resources.

B. The Louisiana Department of Health shall make the information available to
hospitals and birthing centers and shall include the information on the department's website.

*Acts 2024, No. 122, §1.*

#### **PART XIII** SICKLE CELL DISEASE

#### **SUBPART A** LOUISIANA SICKLE CELL COMMISSION

##### **§ 40:1125.1** Louisiana Sickle Cell Commission {#sec-40-1125.1 omnilex-key=us-la-statutes--rs-title-40--40:1125.1}

A. There shall be established within the Louisiana Department of Health a
commission designated the "Louisiana Sickle Cell Commission", composed of seventeen
members as provided in Subsection B of this Section. No organization, entity, or individual
shall be a member unless expressly provided for in Subsection B of this Section.

B.(1) Thirteen members shall be appointed by the governor, subject to Senate
confirmation, as follows:

(a) One member from a list of nominees submitted by the Sickle Cell Center of
Southern Louisiana, Tulane University School of Medicine, which has provided health care
to patients with sickle cell disease since 1979 and houses the only life span clinic, which
provides care to patients from birth to death, and a transition clinic, which provides a
seamless transition during the high risk death gap period from pediatric to adult care.

(b) One member from a list of nominees submitted by Children's Hospital, New
Orleans, which is the only hospital in this state to provide stem cell and gene therapies to
patients with sickle cell disease and focuses on sickle cell pediatric hematology.

(c) One member from a list of nominees submitted by the Louisiana Primary Care
Association.

(d) One member from a list of nominees submitted by the Sickle Cell Association
of South Louisiana, which has served eleven parishes in south Louisiana since 1974 and has
the historical and institutional knowledge of patient care within the community.

(e) One member from a list of nominees submitted by the Northeast Louisiana Sickle
Cell Anemia Technical Resource Foundation, Inc, which has served northeast Louisiana
since 1979 and has the historical and institutional knowledge of patient care within the
community.

(f) One member from a list of nominees submitted by the Sickle Cell Disease
Association of America, Inc., Northwest Louisiana Chapter, which has served northwest
Louisiana since 1974 and has the historical and institutional knowledge of patient care within
the community.

(g) One member from a list of nominees submitted by the Sickle Cell Anemia
Research Foundation, Alexandria, which has served twelve parishes in central Louisiana
since 1974 and has the historical and institutional knowledge of patient care within the
community.

(h) One member from a list of nominees submitted by Southwest Louisiana Sickle
Cell Anemia, Inc., which has served southwest Louisiana and has the historical and
institutional knowledge of patient care within the community.

(i) Five members from a list of nominees submitted by the Louisiana Department of
Health, two of whom shall be persons diagnosed with sickle cell disease, one of whom shall
be a parent of a person diagnosed with sickle cell disease, and two of whom shall be medical
professionals who provide treatment and care to patients diagnosed with sickle cell disease.

(2) Two of the members shall be as follows:

(a) The secretary of the Louisiana Department of Health or his designee.

(b) The Medicaid director of the Louisiana Department of Health or his designee.

(3) Two members shall be appointed as follows:

(a) One member of the Louisiana Senate appointed by the president of the Senate.

(b) One member of the Louisiana House of Representatives appointed by the speaker
of the House of Representatives.

(4) Each appointment by the governor shall serve at his pleasure. The legislative
members shall serve at the pleasure of the presiding officer of the respective legislative body.

(5) The term of an appointee shall be four years. Any vacancy occurring in board
membership shall be filled for the remainder of the unexpired term in the same manner as
the original appointment.

(6) Nonlegislative members of the commission shall not be entitled to a per diem or
any other compensation for their service but shall be entitled to reimbursement of any
necessary and reasonable expense incurred in the performance of their duties on the panel,
including travel expenses. Each legislative member of the commission shall receive a per
diem and travel expenses equal to the per diem and travel expenses provided by law for
members of the legislature.

(7) Meetings of the commission shall be held at the call of the chairman or on a
petition of at least five members of the commission.

(8) At the first meeting of the commission, each year after its members assume their
positions, the members shall select one of the commission members to serve as chairman and
one of the commission members to serve as vice chairman, and each shall serve for a term
of one year. The chairman shall preside at meetings of the commission, and in his absence,
the vice chairman shall preside.

(9) The commission shall hold at least four regular meetings each year. The
commission shall meet at locations that rotate throughout the state, as determined by the
chairman, to provide ease of travel for the members of the commission.

(10) The appointment of the initial members of the commission shall take place no
later than October 1, 2013, and the commission shall convene its first meeting no later than
November 1, 2013.

C. The Louisiana Department of Health shall provide administrative assistance to
and serve as staff for the commission.

D. The functions of the commission shall be to:

(1) Ensure the delivery of sickle cell services to affected persons in all parishes in
Louisiana and assist in establishing geographical service delivery boundaries.

(2) Promulgate guidelines for creating uniformity in the delivery of services and the
management of statewide programs.

(3) Submit budget recommendations to the legislature and the governor.

(4) Prepare and publish an annual report on sickle cell that includes:

(a) An assessment of the programs and activities aimed at sickle cell.

(b) A description of the level of coordination existing between the state and private
stakeholders in the management and treatment of sickle cell.

(c) The development of a detailed action plan for battling sickle cell.

(5) Direct the Sickle Cell Patient Navigator Program established by the provisions
of R.S. 40:1125.21.

(6) Apply for grants and donations from any public or private source to implement
the provisions of this Subsection.

*Acts 2013, No. 117, §2; Acts 2015, No. 387, §1; Acts 2020, No. 280, §1, eff. June 11, 2020; Acts 2022, No. 271, §4; Acts 2022, No. 647, §§2, 4A; Redesignated from R.S. 40:2018.3; Acts 2024, No. 608, §1.*

#### **SUBPART B** SICKLE CELL DISEASE REGISTRY

##### **§ 40:1125.11** Definitions {#sec-40-1125.11 omnilex-key=us-la-statutes--rs-title-40--40:1125.11}

As used in this Subpart, the following terms have the meanings ascribed to them in
this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Registry" means the sickle cell disease registry established by the provisions of
this Subpart.

*Acts 2022, No. 647, §2.*

##### **§ 40:1125.12** Sickle cell disease registry; purpose {#sec-40-1125.12 omnilex-key=us-la-statutes--rs-title-40--40:1125.12}

A. The department shall establish and maintain, in accordance with the provisions
of this Subpart, a registry of individuals diagnosed with sickle cell disease which shall be
known as the "Skylar-Cooper Database". The purpose of the registry shall be to function as
a single repository of accurate, complete records to aid in the cure and treatment of sickle cell
disease in this state.

B. The registry shall encompass, without limitation, all of the following:

(1) A record of individuals in this state who have been diagnosed with sickle cell
disease.

(2) All data and other information associated with individuals who have been
diagnosed with sickle cell disease that the secretary of the department deems necessary and
appropriate for inclusion in the registry.

*Acts 2022, No. 647, §2.*

##### **§ 40:1125.13** Healthcare facilities; reporting of data {#sec-40-1125.13 omnilex-key=us-la-statutes--rs-title-40--40:1125.13}

A. Upon making a diagnosis of sickle cell disease, a healthcare provider shall
provide to the department data regarding the individual who has been diagnosed with the
disease. The form and manner of the data shall be prescribed by the department by rule duly
promulgated in accordance with the Administrative Procedure Act.

B. The Louisiana Department of Health shall facilitate an agreement between sickle
cell clinics as provided for in R.S. 40:1125.31 et seq. and an association that is part of the
Louisiana Sickle Cell Commission that provides information and assistance to patients
diagnosed with sickle cell disease. The agreement shall allow for the transfer of sufficient
contact information from the sickle cell clinics to allow an association to contact the patient.

*Acts 2022, No. 647, §2; Acts 2024, No. 748, §2.*

##### **§ 40:1125.14** Use of registry data {#sec-40-1125.14 omnilex-key=us-la-statutes--rs-title-40--40:1125.14}

A. The secretary of the department shall facilitate access to data in the registry as
provided for in rule.

B. Notwithstanding any other provision of law to the contrary, the department or its
agent may access medical and vital records in the custody of physicians, hospitals, clinics,
other healthcare providers, and the office of public health in order that it may conduct sickle
cell disease studies. The data contained in the registry as well as all such medical and vital
records obtained by the department or its agent in accordance with the provisions of this
Subsection, as well as the results of any sickle cell disease study, 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 nor
shall such records be deemed admissible as evidence in any civil, criminal, administrative,
or other tribunal or court for any reason. Nothing in this Subsection shall prohibit the
publishing by the department of statistical compilations relating to sickle cell disease which
do not identify individual cases or individual physicians, hospitals, clinics, or other
healthcare providers.

*Acts 2022, No. 647, §2.*

##### **§ 40:1125.15** Healthcare needs of persons with sickle cell disease; legislative findings; use of registry data in care coordination {#sec-40-1125.15 omnilex-key=us-la-statutes--rs-title-40--40:1125.15}

The legislature hereby finds that sickle cell patients who need care for sickle cell
disease and other health conditions often face lengthy wait times for that care, and that these
wait times contribute to poor health outcomes and excess morbidity and mortality among
populations that are impacted by sickle cell disease. The legislature further finds that sickle
cell patients may face greater barriers in accessing the necessary care for their disease after
reaching the age of majority or aging out of health coverage furnished through the Louisiana
Children's Health Insurance Program. Therefore, the secretary of the department shall take
such actions as are necessary to support the facilitation of care coordination for sickle cell
patients, assist in reducing the wait times to access healthcare services, and assist in
promoting continuity of care for young people who age out of Louisiana Children's Health
Insurance Program coverage.

*Acts 2022, No. 647, §2.*

##### **§ 40:1125.16** Administrative rules {#sec-40-1125.16 omnilex-key=us-la-statutes--rs-title-40--40:1125.16}

A. The department shall promulgate in accordance with the Administrative
Procedure Act all such rules as are necessary to implement the provisions of this Subpart.

B. The rules required by this Section shall include but not be limited to the
following:

(1) Data elements to be included in the registry.

(2) Guidelines and procedures for obtaining from healthcare providers information
regarding individuals diagnosed with sickle cell disease.

(3) Standards for ensuring that the registry is developed and operated in a manner
that comports with all applicable requirements of the Health Insurance Portability and
Accountability Act of 1996, P.L. 104-191; regulations adopted pursuant to that Act including
but not limited to the HIPAA Privacy Rule, 45 CFR Part 164; and other applicable laws and
regulations governing disclosure of health information.

*Acts 2022, No. 647, §2.*

#### **SUBPART C** PATIENT NAVIGATOR PROGRAM

##### **§ 40:1125.21** Sickle cell patient navigator program {#sec-40-1125.21 omnilex-key=us-la-statutes--rs-title-40--40:1125.21}

A. The legislature hereby finds and declares the following:

(1) A large percentage of persons suffering from sickle cell disease in this state are
not in specialty care, even though the health consequences of going without such care may
be fatal.

(2) Insufficient access to specialty care is a major barrier to overall health care for
persons suffering from sickle cell disease.

(3) The purpose of this Section is to provide for a program to increase statewide
access to the types of specialty care that are critical to the health and well-being of sickle cell
patients.

B. The Sickle Cell Patient Navigator Program, referred to hereafter in this Section
as "the program", is hereby established. The program shall operate in accordance with the
provisions of this Section.

C. The functions of the program shall include, without limitation, all of the
following:

(1) Training of patient navigators to serve as outreach coordinators, coordinators of
family educational sessions, and patient case managers.

(2) Establishing and strengthening a continuum of care for each sickle cell patient
served by the program and for the families of those patients.

(3) Identifying and contacting sickle cell patients, conducting home visits with
patients and their family members, and coordinating patient care.

(4) Facilitating collaboration among healthcare providers that serve sickle cell
patients.

(5) Delivering public health education on sickle cell disease and treatment.

D. The Louisiana Department of Health shall administer the program under the
direction of the Louisiana Sickle Cell Commission placed within the department by the
provisions of R.S. 36:259(B)(11).

E. This Section and the Sickle Cell Patient Navigator Program shall not be
implemented or operational until monies have been appropriated by the legislature sufficient
to fully fund these provisions.

*Acts 2015, No. 387, §§1, 2; Acts 2022, No. 623, §5, eff. July 1, 2022; Acts 2022, No. 647, §§2, 4B; Redesignated from R.S. 40:1081.8.*

#### **SUBPART D** CLINICS AND LOCAL PROGRAMS

##### **§ 40:1125.31** Sickle cell anemia; clinic established {#sec-40-1125.31 omnilex-key=us-la-statutes--rs-title-40--40:1125.31}

The Louisiana Department of Health is hereby authorized and directed to establish
and operate clinics in cooperation with the medical schools of Louisiana State University and
Tulane University for the treatment of sickle cell anemia, in Charity Hospital of Louisiana
in New Orleans and in Louisiana State Medical Center in Shreveport. The clinics shall be
maintained for the treatment of victims of sickle cell anemia regardless of geographic and
economic family situation without regard to the standard eligibility requirements of charity
hospitals and for the training of physicians and medical students in methods of treatment and
for research into the causes of the disease and its cure.

*Acts 1972, No. 27, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 265, §2; Acts 1984, No. 859, §1; Acts 1993, No. 604, §2; Redesignated from R.S. 40:1299.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.5.*

##### **§ 40:1125.32** Sickle cell anemia; clinics established statewide {#sec-40-1125.32 omnilex-key=us-la-statutes--rs-title-40--40:1125.32}

A. The Louisiana Department of Health shall establish and operate a minimum of
seven clinics for the treatment of sickle cell anemia throughout the state if and when one
hundred percent federal funding becomes available for this purpose.

B. The clinics shall be established in cooperation with the medical schools of
Louisiana State University and Tulane University, the state medical centers, the sickle cell
anemia foundations, and the National Research Center for Sickle Cell Anemia at Southern
University and Agricultural and Mechanical College at Baton Rouge and shall be located in
Monroe, Shreveport, Alexandria, Lake Charles, Lafayette, Baton Rouge, and New Orleans.

C.(1) The clinics shall be maintained for the treatment of victims of sickle cell
anemia and shall also provide holistic care and counseling for families of victims of sickle
cell anemia. Fees for treatment shall be provided in accordance with the provisions of R.S.
46:6.

(2) For purposes of this Section, "holistic care" includes educational literature,
screening, testing, treatment, and referral to appropriate persons or facilities.

D. The clinics shall develop a working rapport with the state public health clinics and
substance abuse centers and the sickle cell anemia foundations and shall organize support
groups within the parish and surrounding parishes where they are located.

E. Each clinic shall be staffed by a physician, nurse, and any other staff as necessary
to provide treatment and other services and shall contract with at least one hematologist to
serve the clinic and may cooperate and interact with other state and private institutions in
order to staff the clinic.

*Acts 1993, No. 604, §1; Redesignated from R.S. 40:1299.4.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.6.*

##### **§ 40:1125.33** Sickle cell anemia; local programs {#sec-40-1125.33 omnilex-key=us-la-statutes--rs-title-40--40:1125.33}

A. The Shreveport Sickle Cell Clinic, the Northeast Louisiana Sickle Cell
Foundation, the Sickle Cell Anemia Rehabilitation and Educational Program, Inc., the
Alexandria Sickle Cell Program, the Eighth Regional Sickle Cell Foundation, and the Baton
Rouge Sickle Cell Program, hereinafter referred to as "program", shall be maintained for the
treatment of victims of sickle cell anemia regardless of geographic and economic family
situation and without regard to the standard eligibility requirements of charity hospitals. In
addition, the programs shall implement policies and plans to convert their individual facility
into regionalized facilities, whereby each facility is responsible for sickle cell anemia patients
in parishes surrounding the main facility.

B. Each program shall provide holistic care, which shall include but not be limited
to educational literature, screening, testing, treatment, and referrals. If funds are available,
each program shall:

(1) Provide a physician or nurse to provide proper health care.

(2) Provide a hematologist to provide proper testing to sickle cell anemia patients.

(3) Provide counseling for families of those who are affected by sickle cell anemia
and which fatality appears imminent.

(4) The executive director of each regional sickle cell anemia clinic shall possess the
minimum qualifications established by rules promulgated by the Louisiana Department of
Health.

C. The provisions of this Section shall not relieve or remove any responsibilities of
the Louisiana Department of Health from implementing and complying with the provisions
of R.S. 40:1125.31.

D. The provisions of this Section shall be implemented if and when one hundred
percent federal funds are made available for the purposes set forth in this Section.

*Acts 1993, No. 605, §1; Redesignated from R.S. 40:1299.4.2 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.7.*

#### **SUBPART E** MISCELLANEOUS PROVISIONS

##### **§ 40:1125.41** Annual review of Medicaid coverage for sickle cell disease {#sec-40-1125.41 omnilex-key=us-la-statutes--rs-title-40--40:1125.41}

A. The Louisiana Department of Health shall conduct an annual review of all
medications and forms of treatment for sickle cell disease and services for enrollees with a
diagnosis of sickle cell disease that are eligible for coverage under the Louisiana Medicaid
program. The department shall determine if the available covered medications, treatments,
and services are adequate to meet the needs of enrollees with a diagnosis of sickle cell
disease and whether the department should seek to add additional medications, treatments,
or services.

B. When conducting the annual review required by Subsection A of this Section, the
Louisiana Department of Health shall solicit and consider input from the general public with
specific emphasis on attempting to receive input from persons or groups with knowledge and
experience in the area of sickle cell disease treatment.

C. On or before January 15, 2023, and on or before January fifteenth each year
thereafter, the Louisiana Department of Health shall submit a report to the Senate Committee
on Finance, the House Committee on Appropriations, and the Senate and House committees
on health and welfare that details the department's findings from the annual review required
by this Section, as well as any recommendations to the legislature based upon those findings.
The department shall publish the annual report required by this Subsection on its website in
a manner accessible by the general public.

*Acts 2022, No. 670, §1.*

### **CHAPTER 5-C** HEALTH PROVISIONS: EMERGENCY MEDICAL SERVICES

#### **PART I** GENERAL PROVISIONS

##### **§ 40:1131** Definitions {#sec-40-1131 omnilex-key=us-la-statutes--rs-title-40--40:1131}

For purposes of this Chapter, the following terms have the meaning ascribed to them
in this Section:

(1) "Advanced life support" or "ALS" means the provision of medically necessary
supplies and services by EMS practitioners who are licensed at least to the level of advanced
emergency technician or equivalent.

(2) "Air ambulance" means any aircraft, either fixed-wing or rotary-winged, designed
and operated as a part of a regular course of conduct or business to transport a sick or injured
individual or which is advertised or otherwise held out to the public as such.

(3) "Air ambulance service" means any person, firm, association, or government
entity owning, controlling, or operating any business or service which furnishes, operates,
conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in
the business or service of transporting, in air ambulances, individuals who may need medical
attention during transport.

(4) "Ambulance" means any authorized emergency vehicle, equipped with warning
devices, designed and operated as a part of a regular course of conduct or business to
transport a sick or injured individual or which is advertised or otherwise held out to the
public as such. "Ambulance" shall not mean a hearse or other funeral home vehicle utilized
for the transportation of the dead.

(5)(a) "Ambulance service" or "ambulance provider" means any person, firm,
association, or government entity owning, controlling, or operating any business or service
which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage
in, or professes to engage in the business or service of transporting, in ambulances,
individuals who may need medical attention during transport. Such transport may be made,
based on approved protocols, to an alternative destination when the individual's condition
does not meet the definition of emergency medical condition pursuant to R.S.
22:1821(D)(2)(g)(i). However, no person shall be transported to an alternative destination
unless he consents to being transported to that destination, and no ambulance service shall
transport a person to an alternative destination in which the ambulance service has a financial
interest.

(b) For purposes of this Chapter,"ambulance service" and "ambulance provider" shall
not include any of the following:

(i) An agency of the federal government.

(ii) A volunteer nonprofit organization or municipal nonprofit organization operating
an invalid coach or coaches.

(iii) An entity rendering assistance to a licensed ambulance or ambulances in the case
of a major disaster.

(iv) A licensed hospital providing nonemergency, noncritical interhospital transfer
and patient transportation for diagnostic and therapeutic purposes when such transportation
originates at a licensed hospital.

(v) An entity operating an ambulance or ambulances from a location outside of the
state to transport patients from a location outside of the state to a location inside the state or
to transport a patient or patients from a medical facility inside of the state to a location
outside of the state.

(vi) An entity providing transportation to employees who become sick or injured
during the course of their employment from a job site to the nearest appropriate medical
facility.

(6) "Auto-injector" means a portable, disposable drug delivery device that contains
a measured, single dose of epinephrine that is used to treat a person suffering a potentially
life-threatening anaphylactic reaction.

(7) "Basic life support" or "BLS" means the provision of medically necessary
supplies and services by EMS practitioners who are licensed at least to the level of
emergency medical technician.

(8) "Bureau" means the Louisiana Department of Health, bureau of emergency
medical services.

(9) "Certified ambulance operator" means an individual who is certified by the
bureau as a certified ambulance operator. The term shall not include any individual
employed by a fire department of any municipality, parish, or fire protection district or any
volunteer firefighter of the state of Louisiana.

(10) "Commission" means the Louisiana Emergency Medical Services Commission.

(11) "Department" means the Louisiana Department of Health.

(12) "Emergency medical personnel" means EMS practitioners and certified
ambulance operators.

(13) "Emergency medical response vehicle" means a marked emergency vehicle with
fully visual and audible warning signals operated by a certified ambulance service, the
primary purpose of which is to respond to the scene of a medical emergency to provide
emergency medical stabilization or support, or command, control, and communications, but
which is not an ambulance designed or intended for the purpose of transporting a victim from
the scene to a medical facility regardless of its designation. Included are such vehicles
referred to but not limited to the designation as "sprint car", "quick response vehicle",
"special response vehicle", "triage trucks", "staff cars", "supervisor units", and other similar
designations. Emergency medical response vehicles shall not include fire apparatus and law
enforcement patrol vehicles which carry first aid or emergency medical supplies and which
respond to medical emergencies as part of their routine duties.

(14) "Emergency medical services" or "EMS" means a system that represents the
combined efforts of several professionals and agencies to provide out-of-hospital emergency,
urgent, preventive, and nonemergent care to the sick and injured.

(15) "EMS medical director" means a physician licensed by the Louisiana State
Board of Medical Examiners who has responsibility and authority to ensure quality of care
and provide guidance for all medical aspects of EMS and who specializes in any of the
following areas:

(a) Family practice.

(b) Internal medicine.

(c) General surgery.

(d) Emergency medicine.

(e) Emergency medical services.

(f) Pediatrics.

(g) General practice.

(16) "EMS practitioner" means an individual who is a licensed emergency medical
responder, licensed emergency medical technician, licensed advanced emergency medical
technician, or a licensed paramedic.

(17) "EMS task force" means the Emergency Medical Services Task Force,
composed of individuals subject to the approval of the secretary of the department, which
advises and makes recommendations to the bureau of emergency medical services and the
department on matters related to emergency medical services.

(18) "Industrial ambulance" means any vehicle owned and operated by an industrial
facility and used for transporting any employee who becomes sick, injured, or otherwise
incapacitated in the course and scope of his employment from a job site to an appropriate
medical facility.

(19) "Licensed emergency medical responder" means any individual who has
successfully completed an emergency medical responder education program based on
National EMS Education Standards approved by the bureau and who is licensed by the
bureau.

(20) "Licensed emergency medical services practitioner" means an individual who
is a licensed emergency medical responder or who is nationally registered, who has
successfully completed an emergency medical services practitioner education program based
on national EMS education standards, and who is licensed as any one of the following:

(a) A licensed emergency medical technician.

(b) A licensed advanced emergency medical technician.

(c) A licensed paramedic.

(21) "Moral turpitude" means an act of baseness, vileness, or depravity in the duties
which one person owes another, or to society in general, which is contrary to the usual,
accepted, and customary rule of right and duty which a person should follow.

(22) "Municipal nonprofit organization" means an organization owned by a parish,
municipality, or entity of a parish or municipality which in its regular course of business
responds to a call for help and renders medical treatment and whose attendants are
emergency medical personnel, a registered nurse, or a physician.

(23) "National EMS education standards" means the document that outlines current
nationally recognized EMS education standards, has been adopted by the bureau, and defines
terminal objectives for each nationally defined EMS licensing level.

(24) "Physician" means a physician licensed to practice medicine by the Louisiana
State Board of Medical Examiners.

(25) "Public safety agency" means a functional division of a public or private agency
which provides firefighting, police, medical, or other emergency services.

(26) "Public safety telecommunicator" means an individual answering 911
emergency medical condition calls on behalf of a public safety agency who has authority,
based on a protocol adopted by the agency, to provide telephone cardiopulmonary
resuscitation (T-CPR) instructions to a caller before arrival of professional medical assistance
by first responders.

(27) "Volunteer nonprofit organization" means an organization which in its regular
course of business responds to a call for help and renders medical treatment and whose
attendants are emergency medical personnel, a registered nurse, or a physician and which is
chartered as a nonprofit organization under Section 501(c) of the Internal Revenue Code, as
a volunteer fire department by the Louisiana state fire marshal's office, or as a nonprofit
organization by the Louisiana secretary of state.

*Amended by Acts 1968, No. 278, §1; Acts 1976, No. 393, §1; Acts 1977, No. 626, §1; Acts 1978, No. 469, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1979, No. 554, §1; Acts 1985, No. 750, §1, eff. Jan. 1, 1987; Acts 1991, No. 974, §1, eff. July 24, 1991; Acts 1997, No. 297, §2; Acts 1997, No. 913, §2; Acts 1999, No. 1113, §1; Acts 1999, No. 1114, §1; Acts 2001, No. 385, §1; Acts 2001, No. 625, §2; Acts 2003, No. 208, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1231 by HCR 84 of 2015 R.S.; Acts 2017, No. 106, §1, eff. June 12, 2017; Acts 2018, No. 565, §2; Acts 2018, No. 578, §1; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1131.1** Emergency medical services program; cooperation of other state departments {#sec-40-1131.1 omnilex-key=us-la-statutes--rs-title-40--40:1131.1}

A. The department shall establish and maintain a program for the improvement and
regulation of emergency medical services in the state. The responsibility for implementation
and conduct of this program shall be vested in the bureau of emergency medical services.

B. The bureau shall develop a state plan for the prompt and efficient delivery of
adequate emergency medical services to acutely sick and injured individuals.

C. The bureau shall serve as the primary agency for participation in any federal
program involving emergency medical services and may receive and, pursuant to legislative
appropriation, disburse available federal funds to implement any service program.

D. The bureau shall identify all public and private agencies, institutions, and
individuals that are or may be engaged in emergency medical services training and set
minimum standards for course approval, instruction, and examination. Public safety
telecommunicators shall at a minimum successfully complete the telephone cardiopulmonary
resuscitation training required by R.S. 40:1133.16.

E. The department shall promulgate and enforce such rules, regulations, and
minimum standards as needed to carry out the provisions of this Section.

*Added by Acts 1977, No. 502, §1, eff. July 13, 1977. Amended by Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1231.1 by HCR 84 of 2015 R.S; Acts 2018, No. 578, §1.*

##### **§ 40:1131.2** Immunity from civil damages {#sec-40-1131.2 omnilex-key=us-la-statutes--rs-title-40--40:1131.2}

No parish, specialty, component, or state medical society or organization, or its
designee, which is statutorily mandated by this Chapter to participate without compensation
or gratuitously participates in an emergency services system, nor any committee of such
parish, specialty, component, or state medical society or organization, including the
individual members of such committee, or its designee, shall be liable for any civil damages
as a result of any act or omission in the performance of their administrative duties or donated
services with such emergency services system, including, without limitation, advice,
instructions, or other duties regarding policy, protocol, administration, and efficiency of the
emergency medical services system. The immunity extended to a parish, specialty,
component, or state medical society or organization, or any committee thereof, including the
individual members of such committee, including their insurers, or its designee, shall not be
applicable for willful or wanton acts or omissions. The immunity extended herein shall be
applicable only to an action brought by the person damaged as a result of the performance
of any administrative duties or donated services rendered pursuant to the provisions of this
Section.

*Added by Acts 1979, No. 554, §2. Amended by Acts 1990, No. 428, §1; Acts 1997, No. 913, §2; Redesignated from R.S. 40:1231.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1131.3** Medical assistance program; ground ambulance transportation to alternative destination; reimbursement {#sec-40-1131.3 omnilex-key=us-la-statutes--rs-title-40--40:1131.3}

The department shall promulgate rules and regulations to provide for a
reimbursement methodology to cover alternative destination transport by a ground
ambulance service provider to ensure that reimbursement rates are reasonable and adequate.

*Acts 2018, No. 565, §2.*

##### **§ 40:1132** Repealed by Acts 1990, No. 281, §1. {#sec-40-1132 omnilex-key=us-la-statutes--rs-title-40--40:1132}

*Repealed by Acts 1990, No. 281, §1.*

##### **§ 40:1133** Repealed by Acts 1990, No. 281, §1. {#sec-40-1133 omnilex-key=us-la-statutes--rs-title-40--40:1133}

*Repealed by Acts 1990, No. 281, §1.*

#### **PART II** EMERGENCY MEDICAL PERSONNEL

##### **§ 40:1133.1** Emergency medical personnel training; licensure {#sec-40-1133.1 omnilex-key=us-la-statutes--rs-title-40--40:1133.1}

A. The bureau shall promulgate rules and regulations in accordance with the
Administrative Procedure Act for the following:

(1) To define and authorize appropriate education programs based on national EMS
education standards for emergency medical services practitioners. All such education
programs shall meet or exceed national EMS education standards.

(2) To specify minimum operational requirements which will ensure medical
direction, supervision, and control over emergency medical services.

(3) To specify minimum examination and continuing education requirements for all
emergency medical services practitioners.

(4) To provide for the issuance of licenses, renewals of licenses, and requirements
for emergency medical services practitioners.

(5) To establish fees for licensure and license renewal.

B. An individual petitioning for licensure or license renewal as an emergency
medical services practitioner shall submit an application to the bureau on forms provided by
the bureau. The application shall be accompanied by the appropriate fee.

C. The bureau shall affirmatively provide that there is no discrimination toward any
individual in the licensure process on the basis of race, religion, creed, national origin, sex,
or age.

D. The bureau shall ensure that Alzheimer's and dementia training are incorporated
within their education programs.

E.(1) The commission and bureau shall be entitled to the criminal history record and
identification files of the Louisiana Bureau of Criminal Identification and Information,
located within the Department of Public Safety and Corrections, of any person who is
seeking to be licensed as an EMS practitioner or certified as an ambulance operator.
Fingerprints and other identifying information of the applicant shall be submitted to the
Louisiana Bureau of Criminal Identification and Information for qualification and registry,
and the Louisiana Bureau of Criminal Identification and Information shall, upon request of
the bureau and after receipt of such fingerprint card and other identifying information from
the applicant, make available to the bureau all arrest and conviction information contained
in the Louisiana Bureau of Criminal Identification and Information's criminal history record
and identification files which pertain to the applicant for licensure. In addition, the
fingerprints shall be forwarded by the Louisiana Bureau of Criminal Identification and
Information to the Federal Bureau of Investigation for a national criminal history record
check.

(2) In accordance with the authority provided for in this Chapter, the costs of
providing the information required under this Section shall be charged by the Louisiana
Bureau of Criminal Identification and Information, as specified in R.S. 15:587(B) to the
bureau for furnishing information contained in the Louisiana Bureau of Criminal
Identification and Information's criminal history record and identification files, including any
additional cost of providing the national criminal history records check, which pertains to the
applicant. The bureau may impose any or all such fees or costs on the applicant.

*Amended by Acts 1976, No. 393, §§2, 3; Acts 1977, No. 626, §1; Acts 1985, No. 750, §1, eff. Jan. 1, 1987; Acts 1987, No. 665, §2, eff. July 9, 1987; Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1232 by HCR 84 of 2015 R.S.; Acts 2019, No. 308, §1; Acts 2020, 2nd Ex. Sess., No. 31, §1, eff. July 1, 2021; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1133.2** Fee schedule; fees for license prohibited {#sec-40-1133.2 omnilex-key=us-la-statutes--rs-title-40--40:1133.2}

A.(1) The bureau shall not require or collect any fee or charges for licensure, license
renewal, or certification of any of the following personnel who serve in their capacity on a
voluntary basis and who receive no compensation of any kind for such services:

(a) Emergency medical services practitioners.

(b) Ambulance operators.

(2) The bureau shall not set the fee for licensure of an emergency medical technician
to exceed fifteen dollars for any individual who is an employee or volunteer of the state of
Louisiana or another public entity, a municipal fire department, a fire protection district, a
volunteer fire department, or a municipal law enforcement agency who does not perform
emergency medical services outside of the individual's official governmental responsibilities
for any form of compensation.

(3) The bureau shall not set the fee for license renewal of an emergency medical
technician to exceed ten dollars for any individual who is an employee or volunteer of the
state of Louisiana or another public entity, a municipal fire department, a fire protection
district, a volunteer fire department, or a municipal law enforcement agency who does not
perform emergency medical services outside of the individual's official governmental
responsibilities for any form of compensation.

B. Except as provided in Subsection A of this Section, the bureau shall assess fees
for testing, licenses, and certifications based on the following schedule:

(1) Test fees: Fee

(a) Emergency medical technician initial pyschomotor exam $ 60.00

(b) Emergency medical technician partial psychomotor exam 15.00

(2) License fees

(a) Emergency medical responder 10.00

(b) Emergency medical technician 30.00

(c) Advanced emergency medical technician 40.00

(d) Paramedic 50.00

(3) License renewal

(a) Emergency medical responder 5.00

(b) Emergency medical technician 25.00

(c) Advanced emergency medical technician 35.00

(d) Paramedic 45.00

(4) Reciprocity

(a) Emergency medical technician 60.00

(b) Advanced emergency medical technician 80.00

(c) Paramedic 100.00

(5) Ambulance operator certification 10.00

C. The department may adopt rules and regulations in accordance with the
Administrative Procedure Act to provide for the collection of fees required by the fee
schedule provided in this Section.

*Acts 1997, No. 913, §2; Acts 2001, No. 515, §1; Acts 2010, No. 935, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1133.3** Louisiana Emergency Medical Services Commission; creation; membership; qualifications; terms; vacancies; meetings; officers; compensation; domicile {#sec-40-1133.3 omnilex-key=us-la-statutes--rs-title-40--40:1133.3}

A. The Louisiana Emergency Medical Services Commission is hereby created within
the Louisiana Department of Health.

B.(1) The commission shall be composed of twelve voting members appointed by
the governor as follows:

(a) Two emergency medical services administrators, including one representing the
private sector and one representing the public sector.

(b) Two licensed paramedics and one licensed emergency medical technician who
are approved as emergency medical services educators by the bureau. At least one of the
members as provided in this Subparagraph shall be appointed by the Louisiana Fire Chiefs
Association.

(c) Four physicians, one from each of the following organizations:

(i) The American College of Emergency Physicians.

(ii) The American College of Surgeons.

(iii) The Louisiana State Medical Society.

(iv) The American Academy of Pediatrics.

(d) One member who is, at a minimum, a state-certified emergency medical
technician nominated by the Louisiana Municipal Association.

(e) One member nominated by the Professional Firefighters Association of
Louisiana.

(f) One member who is a registered nurse and who is a state-licensed paramedic to
be nominated by the Louisiana State Nurses Association from a list of two names submitted
by the Louisiana Emergency Nurses Association.

(2) Repealed by Acts 2024, No. 171, §2, eff. May 23, 2024.

C. Each member of the commission shall be a resident of Louisiana for at least one
year, have had three years experience in his respective field of practice, and be actively
engaged in the practice of emergency medical services at the time of his appointment.

D.(1) The initial voting members of the commission shall be appointed no later than
October 1, 1997, from a list of two nominees for each appointment submitted by the task
force. If the task force fails to submit a list of nominees to the governor by September 1,
1997, the governor shall appoint the respective members of the commission without the
nomination list required by this Section.

(2) The nonvoting member shall be appointed to serve terms of three years. The
initial member shall be appointed by the governor to an initial term of three years by October
1, 1997 or within thirty days of receipt of the list from the Louisiana State Nurses
Association, whichever is later.

E. Each appointment by the governor shall be submitted to the Senate for
confirmation.

F.(1) The voting members appointed to the commission shall serve as follows: three
members shall be appointed to serve an initial term of one year; three members shall be
appointed to serve an initial term of two years; and three members shall be appointed to serve
an initial term of three years. Thereafter, each member shall be appointed to serve a term of
three years.

(2) No individual shall serve more than two consecutive terms.

G. Subsequent to the appointment of the initial members, the voting members shall
be appointed from a list of two nominees for each appointment submitted by the task force.
No later than thirty days prior to the termination date of a member's term, the task force shall
submit a list of nominees to the governor. If the Louisiana State Nurses Association or the
task force fails to submit the required list of nominees to the governor within thirty days, the
governor shall appoint the respective member to fill the vacancy without the nomination list
required.

H. The governor shall call the first meeting of the commission no later than
November 30, 1997. At a minimum, the commission shall meet on a quarterly basis and, in
addition, shall meet when called by the chairman or upon the written request of at least four
voting members of the commission.

I. The commission shall annually elect a chairman, vice chairman, and secretary from
among its voting membership and shall maintain a record of the attendance of its members
at commission meetings.

J. For each day while performing his official duties, a member of the commission
may be reimbursed for expenses and mileage at the same rate set by the division of
administration for state employees under the provisions of R.S. 39:231.

K. The commission shall be domiciled in Baton Rouge.

L. The governor shall remove a member of the commission after a hearing by the
commission during which charges for removal have been established and provided that a
majority of the members have recommended removal.

*Acts 1997, No. 913, §2; Acts 2010, No. 329, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.2 by HCR 84 of 2015 R.S.; Acts 2024, No. 171, §§1, 2, eff. May 23, 2024.*

##### **§ 40:1133.4** Powers and duties of the commission; exceptions {#sec-40-1133.4 omnilex-key=us-la-statutes--rs-title-40--40:1133.4}

A. The commission shall:

(1) Recommend to the bureau requirements and standards of practice for individuals
seeking to be licensed or certified under this Part.

(2) Approve requirements and standards of practice submitted by the bureau for
emergency medical personnel consistent with this Part.

(3) Recommend continuing education requirements and standards to the bureau in
accordance with criteria established by the National Registry of Emergency Medical
Technicians for individuals seeking to renew a license.

(4) Conduct disciplinary hearings for emergency medical personnel.

(5) Request that the bureau conduct investigations as necessary.

(6) Cause the prosecution of any individual who violates any provision of this Part.

(7) Maintain a record of all commission proceedings.

(8) Adopt rules and regulations to implement the provisions of this Part in
accordance with the Administrative Procedure Act, R.S. 49:950 et seq.

B. Except as they relate to scope of practice or patient care issues, Paragraphs (A)(4),
(5), and (6) of this Section shall not apply to anyone who is a volunteer of or employed by
the state of Louisiana or another public entity, a municipal fire department, a fire protection
district, or a volunteer fire department who has successfully completed an education program
based on national EMS education standards and who possesses a current national
certification and state license, until the commission has forwarded the nonmedical practice
complaint to the local governing body and received a response with investigative results and
any disciplinary disposition. In the event that the local governing body does not send a
response or request for extension to the commission within sixty days after receipt of the
complaint, the commission may proceed with the powers and duties as defined in Subsection
A of this Section. Notwithstanding any law to the contrary, in the event the commission
determines by a two-thirds vote of the membership of the commission that public health and
safety would be jeopardized by waiting for a response from the local governing authority, the
commission shall have the right to exercise its powers and duties as provided in Subsection
A of this Section without receipt of an investigative report from the local governing authority
or the expiration of the sixty-day period as provided in this Subsection.

*Acts 1997, No. 913, §2; Acts 2003, No. 208, §1; Acts 2010, No. 935, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.3 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1133.5** Powers and duties of the bureau {#sec-40-1133.5 omnilex-key=us-la-statutes--rs-title-40--40:1133.5}

The bureau shall:

(1) Issue a license and renew a license to any duly qualified applicant for licensure
and license renewal as an emergency medical services practitioner.

(2) Prescribe application forms for emergency medical practitioner licensure and
license renewal and ambulance operator certification.

(3) Adopt requirements and standards of practice approved by the commission for
emergency medical personnel.

(4) Conduct investigations as requested by the commission.

(5) Deny, withhold, revoke, restrict, probate, or suspend a license as directed by the
commission under the provisions of R.S. 40:1133.7.

(6) Prepare, publish, and update a roster of all emergency medical personnel,
including the name and address of each individual.

(7) Adopt continuing education requirements and standards for individuals seeking
to renew a license.

(8) Prepare an annual report detailing the activities of the commission during the past
fiscal year including the number and nature of the hearings conducted under the provisions
of R.S. 40:1133.8.

(9) Adopt rules and regulations to implement the provisions of this Part in
accordance with the Administrative Procedure Act.

(10) Adopt and amend the title and the definition of licensed emergency medical
services practitioners.

(11) Issue a certification to any duly qualified applicant for certification as an
ambulance operator.

(12) Deny, withhold, revoke, restrict, probate, or suspend an ambulance operator
certification as directed by the commission in accordance with the provisions of R.S.
40:1133.18.

*Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1232.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1133.6** License; requirements; renewal {#sec-40-1133.6 omnilex-key=us-la-statutes--rs-title-40--40:1133.6}

A. Applicants for initial licensure as emergency medical services practitioners shall
submit the following evidence to the bureau:

(1) Completion of the required approved educational program.

(2) Documentation that the applicant meets the qualifications and requirements as
established by the bureau.

B. In lieu of the evidence required by Subsection A of this Section, an applicant may
submit evidence that he has been duly licensed or certified in another state, territory, or
country or has received military training and certification or license as emergency medical
services practitioner as defined in R.S. 40:1131, and meets the qualifications and
requirements established by the bureau.

C.(1) The license shall be renewed every two years provided the applicant seeking
renewal completes the application and meets the requirements for renewal established by the
bureau prior to the expiration date on his current license.

(2) An individual whose license expires by his failure to renew as provided may be
reinstated provided the applicant submits a completed application and meets any additional
requirements established by the bureau for an individual who has failed to timely renew his
license.

*Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1133.7** Grounds for disciplinary proceedings {#sec-40-1133.7 omnilex-key=us-la-statutes--rs-title-40--40:1133.7}

The commission may discipline emergency medical services practitioners by
directing the bureau to deny, withhold, revoke, restrict, probate, or suspend a license to
practice as an emergency medical services practitioner, impose fines and assess costs, or
otherwise discipline an emergency medical services practitioner, and the commission may
direct the bureau to limit, restrict, or deny a student emergency medical services practitioner
from entering or continuing the clinical phase of EMS education for the following causes:

(1) Conviction of selling or attempting to sell, falsely obtaining, or furnishing to a
person a licensed emergency medical services practitioner document.

(2) Conviction of a crime or offense which reflects the inability of an emergency
medical services practitioner to provide emergency medical services with due regard for the
health and safety of clients or patients or enters a plea of guilty or nolo contendere to a
criminal charge regardless of final disposition of the criminal proceeding, including but not
limited to expungement or nonadjudication.

(3) Is unfit or incompetent by reason of negligence, habit, or other cause.

(4) Is habitually intemperate in the use of or abuses alcohol or habit-forming drugs.

(5) Is guilty of aiding or abetting another person in the violation of this Part.

(6) Is mentally incompetent.

(7) Endeavors to deceive or defraud the public.

(8) Professional or medical incompetency.

(9) Unprofessional conduct.

(10) Continuing or recurring practices which fail to meet the standards of EMS care
in this state.

(11) Abandonment of a patient.

(12) Has had a certification or license to practice as an emergency medical services
practitioner or to practice as another health care provider denied, revoked, suspended, or
otherwise restricted.

(13) Is guilty of moral turpitude.

(14) Has violated any rules and regulations of the commission or the bureau or any
provision of this Part.

(15) Intentional falsification of any document related to license, emergency medical
services education, or related to the care of the patient.

*Acts 1997, No. 913, §2; Acts 2003, No. 208, §1; Acts 2004, No. 797, §1, eff. July 8, 2004; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1133.8** Hearings of the commission; appeal of decision {#sec-40-1133.8 omnilex-key=us-la-statutes--rs-title-40--40:1133.8}

A. If the commission determines there are grounds for a disciplinary proceeding
against an individual based upon an investigation by the bureau, the chairman of the
commission shall set a time and place for a hearing. No later than ten days prior to the date
set for the hearing, the commission shall send notice of the time and place for the hearing and
an explanation of the grounds for the disciplinary proceedings to the individual by registered
mail, return receipt requested, at his last known address as it appears on the records of the
bureau.

B. The commission may compel or subpoena the attendance of witnesses, the
production of books, papers, and documents, and administer oaths at the hearing. Subpoenas
shall be issued in accordance with the provisions of the Administrative Procedure Act, R.S.
49:950 et seq. The commission shall not be bound by strict rules of procedure or other laws
of evidence in the conduct of its proceedings. The individual under investigation may appear
personally, by counsel, or personally and by counsel, produce witnesses and evidence on his
own behalf, and cross-examine witnesses. Such proceedings shall be closed to the general
public and the records of the proceeding shall be confidential.

C. Notwithstanding any privilege of confidentiality recognized by law, a physician
or health care agency with which the individual under investigation is associated shall not
assert such privilege by failing or refusing to respond to a lawfully issued subpoena of the
commission for any medical information, testimony, records, data, reports, or other
documents, tangible items, or information relative to any patient cared for or assigned to the
individual under investigation. Any such items obtained pursuant to a subpoena shall be
confidential. Furthermore, the transcript of testimony from the hearing shall be altered to
prevent the disclosure of the identity of the patient to whom such records relate.

D. Notice of the commission's decision to revoke, restrict, suspend, or deny a license
or certification shall be sent to the individual under investigation by registered mail, return
receipt requested, at his last known address as it appears on the records of the bureau.

E. An individual whose license or certification has been revoked, restricted,
suspended, placed in probation, or denied may have the proceedings of the commission
reviewed by a court of competent jurisdiction, provided that an appeal is made no later than
thirty days after the date indicated on the registered mail receipt of the notice required by
Subsection D of this Section. The decision of the commission shall remain in force until an
appeal is granted unless the court orders a stay. If an appeal is granted, the decision of the
commission shall be suspended until a final disposition of the matter is ultimately rendered
by the court affirming the decision of the commission.

F. The commission may maintain the confidentiality of an individual under
investigation whenever the commission determines the public interest will be best served by
alternatives to the disciplinary hearing process.

*Acts 1997, No. 913, §2; Acts 2003, No. 208, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.7 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1.*

##### **§ 40:1133.9** Injunction {#sec-40-1133.9 omnilex-key=us-la-statutes--rs-title-40--40:1133.9}

The commission, through the bureau, may obtain an injunction without bond
forbidding any person from violating or continuing to violate any of the provisions of this
Part. This injunction shall not be subject to release upon bond.

*Acts 1997, No. 913, §2; Redesignated from R.S. 40:1232.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1133.10** Violations {#sec-40-1133.10 omnilex-key=us-la-statutes--rs-title-40--40:1133.10}

No person shall engage in any of the following activities:

(1) Sell, or attempt to sell, falsely obtain, or furnish to any person any emergency
medical services practitioner diploma, license document, or record, or aid or abet therein.

(2) Practice as an emergency medical services practitioner under any diploma,
certificate, or license illegally obtained or signed or issued unlawfully.

(3) Practice as an emergency medical services practitioner unless licensed to do so
under the provisions of this Part.

(4) Use in connection with his name any designation tending to imply that he is an
emergency medical services practitioner unless duly authorized to practice under the
provisions of this Part.

(5) Practice as an emergency medical services practitioner during the time the license
issued under the provisions of this Part is suspended or revoked.

(6) Practice as an emergency medical services practitioner during the time his license
has lapsed by reason of his intentional failure to renew the license.

(7) Conduct or serve as an educator in conducting any course claiming to prepare
students for licensure as emergency medical services practitioner under the provisions of this
Part, unless both the course and the educator have been approved by the bureau.

(8) Knowingly aid or abet another person in the violation of this Part.

(9) Operate as an ambulance operator unless certified to do so in accordance with the
applicable provisions of this Part.

*Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1232.9 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1.*

##### **§ 40:1133.11** Prosecution {#sec-40-1133.11 omnilex-key=us-la-statutes--rs-title-40--40:1133.11}

A. Any person who violates the provisions of R.S. 40:1133.10 shall be subject to
prosecution. This prosecution shall be brought in the name of the state, provided the
provisions of this Part shall not prevent or interfere with a prosecution brought by the district
attorney of a parish when a prosecution or a pre-prosecution proceeding has been initiated
by the district attorney.

B. Whoever is found guilty of violating any provision of R.S. 40:1133.10 shall, upon
a first conviction, be fined not more than five hundred dollars or imprisoned for not more
than six months, or both. Upon a second or subsequent conviction, the offender shall be
imprisoned with or without hard labor for not more than two years and fined not more than
five thousand dollars.

*Acts 1997, No. 913, §2; Redesignated from R.S. 40:1232.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1133.12** Exceptions {#sec-40-1133.12 omnilex-key=us-la-statutes--rs-title-40--40:1133.12}

This Part shall not apply to the practice of emergency medical services by a legally
qualified emergency medical services practitioner who is employed by the United States
government, or by any bureau, division, or agency thereof, while in the discharge of his
official duties.

*Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1133.13** Civil immunity {#sec-40-1133.13 omnilex-key=us-la-statutes--rs-title-40--40:1133.13}

A.(1) Any certified ambulance operator, certified pursuant to the provisions of this
Part, or any emergency medical services practitioner, licensed pursuant to the provisions of
this Part, who renders emergency medical care to an individual while in the performance of
his medical duties and following the instructions of a physician shall not be individually
liable to the individual for civil damages as a result of acts or omissions in rendering the
emergency medical care, except for acts or omissions intentionally designed to harm, or for
grossly negligent acts or omissions which result in harm to the individual. Nothing in this
Subsection shall relieve the driver of the emergency vehicle from liability arising from the
operation or use of the vehicle.

(2) The immunity granted to emergency medical services practitioners by the
provisions of this Part shall extend to parish governing authorities, police departments,
sheriffs' offices, fire departments, or other public agencies engaged in rendering emergency
medical services and its insurers with respect to such emergency medical services unless the
emergency medical services practitioner employed by such agencies would be personally
liable under the provisions of Paragraph (1) of this Subsection.

B. Any physician who provides instructions to any emergency medical services
practitioner by use of electronic or other means of transmission in connection with the
rendering of emergency medical services to an individual shall not be liable unto such
practitioner or to an individual or both for civil damages arising from his opinion, judgments,
actions, or duties, except for acts or omissions intentionally designed to harm, or for grossly
negligent acts or omissions which result in harm to the individual, while exercising that
degree of skill and care ordinarily employed by members of his profession in good standing.

C. No hospital facility which allows the use of telemetry or other equipment to
maintain contact between an emergency medical services practitioner and a physician shall
be liable for any civil damages arising out of the use of such equipment except for acts or
omissions by hospital personnel that are grossly negligent which result in harm to an
individual.

D. No registered nurse, licensed emergency medical services practitioner, or other
health professional licensed in Louisiana who supervises, instructs, or trains emergency
medical services practitioners in accordance with curricula developed or adopted by the
bureau shall be liable for any civil damages arising out of the actions or negligence of the
emergency medical personnel whom he supervised, educated, or trained.

E. There shall be no cause of action or civil liability, and no license or certification
holder or applicant shall have any cause of action or any claim for damages against any
individual, person, or institution providing information to the commission or its agents or
employees when that individual, person, or institution acts without malice and when there
is a reasonable belief that such information is accurate.

F. No public safety telecommunicator who instructs a caller on telephone
cardiopulmonary resuscitation shall be liable for any civil damages arising out of the
instruction provided to the caller, except for acts or omissions intentionally designed to harm,
or for grossly negligent acts or omissions that result in harm to an individual. A caller may
decline to receive instruction on cardiopulmonary resuscitation. When a caller declines
cardiopulmonary resuscitation instruction the public safety telecommunicator has no
obligation to provide the instruction.

G. No public safety agency shall be liable for any civil damages for employing
individuals to answer 911 emergency calls who are not designated as public safety
telecommunicators. Individuals who are not public safety telecommunicators, as defined in
R.S. 40:1131, shall not be required to complete the telephone cardiopulmonary resuscitation
training required by R.S. 40:1133.16 and shall have no obligation to offer and provide
telephone cardiopulmonary resuscitation instruction to a caller.

*Acts 1977, No. 626, §2. Amended by Acts 1978, No. 469, §1; Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1233 by HCR 84 of 2015 R.S; Acts 2018, No. 578, §1; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1133.14** Duties of emergency medical services practitioners {#sec-40-1133.14 omnilex-key=us-la-statutes--rs-title-40--40:1133.14}

A.(1) A licensed emergency medical services practitioner may perform any of the
following functions:

(a) Services, treatment, and procedures consistent with national EMS education
standards that have been approved and adopted by the bureau, and to the extent that he has
been trained to perform such services.

(b) Administration of other drugs or procedures for which the licensed emergency
medical services practitioner has received training, license, and approval by the commission
and which may be considered necessary by the ordering physician.

(c) Determine based on approved protocols whether it is appropriate for a person to
be transported by ground ambulance to an alternative destination when the individual's
condition does not meet the definition of emergency medical condition pursuant to R.S.
22:1821(D)(2)(g)(i). However, no person shall be transported to an alternative destination
unless he consents to being transported to that destination, and no emergency medical
services practitioner shall transport a person to an alternative destination in which he or his
employer has a financial interest.

(2) The functions authorized by Paragraph (1) of this Subsection may be performed
by the licensed emergency medical services practitioner while caring for a patient or at the
scene of a medical or other emergency, or during the transport of a patient under a protocol
that has been approved by the emergency medical services practitioner's medical director.

B. An emergency medical services practitioner student may, while he is enrolled in
good standing in a state-approved clinical or field internship program under the direct
supervision of a physician, registered nurse, paramedic, or other preceptor recognized by the
bureau:

(1) Perform services, treatments, and procedures consistent with national EMS
education standards that have been approved and adopted by the bureau, and to the extent
that he has been trained to perform such services.

(2) Administer automated cardiac defibrillation in accordance with rules and
regulations promulgated by the bureau in accordance with the Administrative Procedure Act
and a protocol that shall be approved by the local parish medical society, a designee of the
local parish medical society, or the EMS medical director.

C. In a case of a life-threatening situation as determined by a licensed emergency
medical services practitioner, such a person may render services in accordance with one of
the following protocols:

(1) A protocol approved by the EMS medical director who is a board-certified or
board-eligible emergency medicine physician.

(2) A protocol established by the emergency medical services committee or the
executive committee of the parish or component medical society, or its designee.

D. Any individual, education organization, organization, or other entity violating the
provisions of this Section shall be guilty of a misdemeanor, conviction of which shall subject
the offender to a fine of not less than five hundred dollars nor more than one thousand dollars
for each separate offense.

E. In the event that there is no organized or functional local parish medical society
in a parish of the state, the functions provided for in Paragraph (C)(2) of this Section may be
performed by the EMS medical director.

F. The department shall promulgate rules and regulations establishing basic
guidelines for statewide emergency medical service protocols.

*Acts 1977, No. 626, §2; Amended by Acts 1978, No. 469, §1; Acts 1979, No. 688, §1; Acts 1984, No. 242, §1; Acts 1984, No. 243, §1; Acts 1986, No. 630, §1, eff. July 6, 1986; Acts 1987, No. 665, §1, eff. July 9, 1987; Acts 1988, No. 776, §1; Acts 1989, No. 195, §1, eff. June 26, 1989; Acts 1990, No. 211, §1, eff. Jan. 1, 1991; Acts 1991, No. 974, §1, eff. July 24, 1991; Acts 1997, No. 913, §§2, 3; Acts 1999, No. 427, §1; Acts 2001, No. 385, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1234 by HCR 84 of 2015 R.S; Acts 2018, No. 152, §1, eff. May 15, 2018; Acts 2018, No. 565, §2; Acts 2020, No. 67, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1133.15** Hazardous substance transportation emergencies; payment for emergency medical services {#sec-40-1133.15 omnilex-key=us-la-statutes--rs-title-40--40:1133.15}

The person or entity who in the course of transporting hazardous substances or
materials causes or contributes to a discharge of a hazardous substance or material that
causes an emergency condition shall be obligated to pay the reasonable costs of any
emergency medical services provider whose presence or service, including standby, is
requested at such hazardous substance emergency by any person authorized by the
Department of Public Safety and Corrections or the Department of Environmental Quality
to respond to a hazardous substance transportation emergency. Nothing in this Section shall
affect the rights of any party to recover under any other provision of law.

*Acts 1999, No. 209, §1; Redesignated from R.S. 40:1234.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §4.*

##### **§ 40:1133.16** Public safety telecommunicator; instruction {#sec-40-1133.16 omnilex-key=us-la-statutes--rs-title-40--40:1133.16}

A.(1) A public safety telecommunicator shall be trained in telephone
cardiopulmonary resuscitation (T-CPR) utilizing training that meets or exceeds nationally
recognized emergency cardiovascular care guidelines adopted by the bureau every two years.
At a minimum, this training shall incorporate recognition protocols for out-of-hospital
cardiac arrest, compression-only CPR instructions for callers, and continuing education as
appropriate.

(2) On or before January 1, 2019, each public safety telecommunicator in a parish
with a population greater than one hundred thousand, according to the latest federal decennial
census, shall complete the T-CPR training required by this Section.

(3) On or before January 1, 2020, each public safety telecommunicator in a parish
with a population between fifty thousand and one hundred thousand, according to the latest
federal decennial census, shall complete the T-CPR training required by this Section.

(4) On or before January 1, 2021, each public safety telecommunicator in a parish
with a population less than fifty thousand, according to the latest federal decennial census,
shall complete the T-CPR training required by this Section.

B. A public safety agency may enter into a reciprocal agreement with another public
safety agency to provide T-CPR, provided that the agency that accepts the call has a public
safety telecommunicator who is trained in T-CPR as provided by this Section.

C. The bureau shall identify all public and private agencies, institutions, and
individuals that are or may be engaged in T-CPR training and set minimum standards for
course approval, instruction, and examination, including online training modules based on
nationally recognized guidelines. The bureau shall implement an efficient means for each
public safety agency employing public safety telecommunicators to transmit identifying
information for the public safety telecommunicators in their employ and an efficient means
for either the public safety agency or the public safety telecommunicator to provide a
certificate of completion of the T-CPR training required by this Section.

D. The department shall adopt rules in accordance with the provisions of the
Administrative Procedure Act as are necessary to implement the provisions of this Section.

*Acts 2018, No. 578, §1.*

##### **§ 40:1133.17** Ambulance operators; requirements for certification; duties authorized {#sec-40-1133.17 omnilex-key=us-la-statutes--rs-title-40--40:1133.17}

A. Each applicant for certification as an ambulance operator shall submit all of the
following to the bureau:

(1) A copy of the applicant's valid, unrestricted driver's license at the appropriate
level required by law.

(2) A copy of a current and valid defensive driving certificate issued by the National
Safety Council or its equivalent as determined by the department.

(3) A copy of a current and valid American Heart Association Health Care

Provider credential, American Red Cross Professional Rescuer credential, or an equivalent
cardio-pulmonary resuscitation certification approved by the department.

(4) A copy of the applicant's current official driving record from the Department of
Public Safety and Corrections.

B. Each applicant for certification in accordance with this Section shall be at least
eighteen years of age.

C. An ambulance operator certification shall expire one year after it is issued and
shall not be renewable.

D. A certified ambulance operator may perform any of the following functions:

(1) Operate an ambulance in compliance with federal, state, and local law.

(2) Assist with the handling and movement of a sick, injured, or disabled individual
if a licensed emergency medical services practitioner, registered nurse, physician assistant,
or physician directly supervises the operator. No ambulance operator may administer care
procedures that a licensed emergency medical services practitioner is authorized to
administer unless he is trained and certified or licensed to do so.

E. No licensed emergency medical services practitioner shall be required to hold a
certification as an ambulance operator in order to operate an ambulance.

*Acts 2022, No. 644, §1.*

##### **§ 40:1133.18** Certified ambulance operators; grounds for discipline {#sec-40-1133.18 omnilex-key=us-la-statutes--rs-title-40--40:1133.18}

The commission may discipline any certified ambulance operator for any of the
following causes by directing the bureau to deny, withhold, revoke, restrict, probate, or
suspend a certification to operate as an ambulance operator; imposing fines and assessing
costs; or otherwise sanctioning the ambulance operator:

(1) Fraud or any misstatement of fact in the procurement of any certification or in
any other statement or representation to the bureau or its representatives.

(2) Conviction of a crime or offense which reflects the inability of the individual to
carry out his duties with due regard for the health and safety of clients or patients.

(3) Entering a plea of guilty or nolo contendere to a criminal charge regardless of
final disposition of the criminal proceeding, including but not limited to expungement or
nonadjudication.

(4) Is unfit or incompetent by reason of negligence, habit, or other cause.

(5) Is mentally incompetent.

(6) Is habitually intemperate in the use of or abuses alcohol or habit-forming drugs.

(7) Is guilty of aiding or abetting another person in violating any provision of this
Part.

(8) Continuing or recurring practices which fail to meet the standards of ambulance
operators in this state.

(9) Endeavors to deceive or defraud the public.

(10) Is guilty of moral turpitude.

(11) Has violated any rules and regulations of the commission or the bureau or any
provision of this Part.

(12) Intentional falsification of any document related to the procurement of any
certification or license.

(13) Operating any vehicle in violation of state or local traffic laws.

(14) Revocation, suspension, or any restriction of the ambulance operator 's driver's
license.

(15) Failure to maintain all current ambulance operator training standards as required
by the bureau.

(16) Has had a certification or license to practice as an ambulance operator denied,
revoked, suspended, or otherwise restricted in Louisiana or any other state or territory of the
United States.

*Acts 2022, No. 644, §1.*

##### **§ 40:1134** Ambulance Patient Offload Delay Collaborative {#sec-40-1134 omnilex-key=us-la-statutes--rs-title-40--40:1134}

A. The legislature finds and declares all of the following:

(1) The emergency medical services system (EMS) and hospitals and their
emergency departments are critical components of Louisiana's emergency healthcare delivery
system.

(2) Ambulances throughout the United States and in many other countries are
experiencing significant delays in offloading patients into hospital emergency departments.

(3) The cause of the delay is multifaceted and may include factors such as high
demand on emergency departments, hospital staffing challenges, hospital throughput
procedures, and hospital administrative policies.

(4) Extended ambulance patient offload times are disruptive to the EMS system by
taking the ambulance out of service and decreasing advanced life support services in the
community, which increases healthcare costs and can back up the entire continuum of
emergency health care.

(5) Hospitals and EMS personnel are all acting in the best interest of the patient and
agree that providing the best possible patient care is the goal despite offload delay challenges.

(6) It is imperative that ambulance providers and hospitals collaborate to develop
statewide, regional, or local plans to address the problem of ambulance patient offload
delays.

B.(1) There is hereby created within the Louisiana Department of Health, bureau of
emergency medical services, the Ambulance Patient Offload Delay Collaborative which shall
analyze and develop solutions to the problem of ambulance patient offload delays.

(2) The bureau of emergency medial services shall facilitate discussions and
meetings of a statewide collaborative to include the bureau, the Louisiana Hospital
Association, the Louisiana Ambulance Alliance, and other appropriate stakeholders as
considered necessary by the collaborative.

(3) The collaborative shall hold its first meeting on or before October 1, 2024, and
shall meet as often as is necessary to fulfill the requirement of this Section.

(4) The collaborative shall be responsible for all of the following:

(a) Reviewing the Emergency Medical Treatment and Active Labor Act (EMTALA)
to clearly understand the rights and responsibilities of ambulance service providers and
hospitals.

(b) Collecting and reviewing currently available data from emergency medical
services and hospitals concerning ambulance patient offload times.

(c) Developing a set of data collection guidelines and performance measures, as well
as a standardized reporting process, to identify and track hospitals that exceed the established
industry standards for patient offload delays. These standards should be based on best
practices and prioritize patient welfare and safety.

(d) Exploring enacted legislation and best practices and policies in other states and
countries that have been successful and promising in resolving or improving ambulance
patient offload delays through processes that may be implemented locally or on a regional
or statewide scale.

(e) Exploring and researching options for reducing demand on hospital emergency
departments from individuals transported by ambulance services, specifically
treatment-in-place ambulance services and ambulance transports to alternative destinations
other than hospital emergency departments for low acuity patients utilizing the 911 system.
Research shall include payment mechanisms and funding options for services provided to
patients which reduce emergency department demands.

(f) Proposing a format for facilitating local collaborative communications between
ambulance service providers and hospital administrators.

C.(1) The collaborative shall prepare a report summarizing its findings and
recommendations, including any data collected in accordance with this Section, for
submission by the department to the House and Senate committees on health and welfare by
February 1, 2025.

(2) The collaborative may continue to meet as necessary after submitting the final
report required in Paragraph (1) of this Subsection. If the collaborative continues to meet,
it shall submit an annual report to the House and Senate committees on health and welfare
by February first of each year.

D. The department may promulgate rules in accordance with the Administrative
Procedure Act to carry out the provisions of this Section.

*Acts 2024, No. 691, §2.*

##### **§ 40:1135** Repealed by Acts 1990, No. 281, §1. {#sec-40-1135 omnilex-key=us-la-statutes--rs-title-40--40:1135}

*Repealed by Acts 1990, No. 281, §1.*

#### **PART III** EMERGENCY MEDICAL TRANSPORTATION

##### **§ 40:1135.1** Qualifications to operate ambulances; equipment; penalty {#sec-40-1135.1 omnilex-key=us-la-statutes--rs-title-40--40:1135.1}

A.(1) No person or individual shall conduct, maintain, or operate an ambulance on
any street, alley, or public way or place in the state unless the ambulance is staffed with a
minimum of two persons, one of whom shall be a licensed emergency medical technician.

(2)(a) No person or individual shall provide services in any capacity on any
ambulance unless he is a licensed emergency medical responder, a licensed emergency
medical technician, a licensed advance emergency medical technician, a licensed paramedic,
a licensed respiratory therapist, a licensed nurse practitioner, a licensed physician assistant,
a licensed occupational therapist, a licensed registered or practical nurse, or a physician.

(b) Except as provided in R.S. 40:1135.3(A) of this Part, no individual shall transport
any ill or injured person on a stretcher in a vehicle that is not staffed, equipped, insured, and
licensed as an ambulance under this Part.

(c) No individual shall provide services in any capacity on any ambulance without
holding an American Heart Association Health Care Provider, or American Red Cross
Professional Rescuer, or the equivalent cardio-pulmonary resuscitation certification that has
been approved by the Louisiana Department of Health.

(d) No individual shall transport any ill or injured person by ambulance unless the
sick or injured person is attended by a licensed emergency medical technician, a licensed
advance emergency medical technician, a licensed paramedic, a registered nurse, or a
physician in the patient compartment.

(e) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, a certified
ambulance operator who is not a licensed emergency medical services practitioner may
operate an ambulance in compliance with federal, state, and local law and assist with the
handling and movement of a sick, injured, or disabled individual if a licensed emergency
medical technician, a licensed advance emergency medical technician, a licensed paramedic,
a registered nurse, or a physician directly supervises the certified ambulance operator. No
ambulance operator may administer care procedures that a licensed emergency medical
services practitioner is authorized to administer unless he is trained and certified or licensed
to do so.

(3) No person shall conduct, maintain, or operate an ambulance which does not carry
with it, in fully operational condition, equipment consistent with the scope of practice for
emergency medical technicians established in R.S. 40:1133.14. Each ambulance service
provider shall develop and maintain a written policy identifying the equipment required to
comply with the provisions of this Paragraph. At a minimum, the policy shall identify the
basic trauma equipment, drugs, suction and oxygen equipment, cardiopulmonary
resuscitation equipment, and any other equipment required by law that shall be maintained
on the ambulance.

(4) Repealed by Acts 2013, No. 184, §2(B).

(5) Nothing herein shall prohibit the transportation of an injured or ill person in an
ambulance or industrial ambulance staffed by persons with less than the required
qualifications in an emergency situation where there is no reasonable expectation of the
prompt response by an ambulance staffed by persons with the required qualifications.

(6) Nothing herein shall prohibit a firefighter, law enforcement officer, or good
Samaritan from assisting an ambulance at the scene of an emergency or while transporting
a patient to a medical facility at the request of the emergency medical technician.

(7) Nothing herein shall prohibit an individual without the required qualifications
from riding in an ambulance for the purpose of training, observation, or continuing
education.

(8) Advanced life support ambulances shall be staffed by not less than two people,
at least one of which shall be licensed at a minimum to the level of advanced emergency
medical technician.

B.(1) Repealed by Acts 2001, No. 625, §2.

(2) Nothing in this Part shall be construed to prohibit the transportation of an injured
or ill individual in an invalid coach in an emergency situation where there is no reasonable
expectation of the prompt response of an ambulance or industrial ambulance.

C. The department shall conduct or may authorize another public agency to conduct
an inspection of any ambulance service provider or invalid coach provider and to report any
violation to the appropriate district attorney's office.

D.(1) The provisions of this Section shall not apply:

(a) To ambulances operated by a federal agency of the United States government.

(b) Repealed by Acts 2001, No. 625, §2.

(c) To ambulances which are rendering assistance to licensed ambulances in the case
of a major disaster, be it natural or manmade, in which the licensed ambulances are
insufficient or otherwise not capable of coping.

(d) Repealed by Acts 2001, No. 625, §2.

(e) To ambulances which are operated from a location outside of the state to
transport patients from a location outside of the state to a location inside the state or to
transport patients from a medical facility inside to a point outside the state, but no such
ambulance shall transport any patient point to point within the state except in the case of
disaster as outlined in this Part.

(2) This provision shall not apply to individuals who are employed to function on
licensed air ambulances solely to act as pilots.

(3) The provisions of this Section shall not apply to industrial ambulances providing
transportation to employees who become sick or injured during the course of their
employment from a job site to the nearest appropriate medical facility.

E. The provisions of this Section shall apply to all parishes or municipalities except
those electing not to comply as expressed to the department in a written resolution by the
governing body of such parish or municipality. If any parish or municipality elects to be
excluded from this Section, it may later elect to be included by resolution. The election of
any parish to be included or excluded from this Section shall in no way affect the election
of any municipality to be included or excluded.

F. Whoever violates this Section shall be guilty of a misdemeanor and upon
conviction shall be fined not more than five hundred dollars or imprisoned for not more than
thirty days or both. The penalty prescribed by this Section shall be doubled for any
subsequent offense.

*Acts 1977, No. 626, §2. Amended by Acts 1978, No. 469, §1; Acts 1986, No. 632, §1; Acts 1987, No. 480, §1, eff. July 9, 1987; Acts 1997, No. 913, §2; Acts 1997, No. 982, §1, eff. July 10, 1997; Acts 2001, No. 625, §§1 and 2; Acts 2003, No. 751, §1, eff. June 27, 2003; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 184, §2(A) and (B); Redesignated from R.S. 40:1235 by HCR 84 of 2015 R.S; Acts 2018, No. 557, §1; Acts 2022, No. 644, §1.*

##### **§ 40:1135.2** Qualifications to operate emergency medical response vehicles; vehicle requirements; equipment; penalties {#sec-40-1135.2 omnilex-key=us-la-statutes--rs-title-40--40:1135.2}

A.(1) No person shall conduct, maintain, or operate an emergency medical response
vehicle as an emergency vehicle on any street, alley, or public way or place in the state unless
the vehicle is staffed with at least one individual who is a licensed emergency medical
responder.

(2) No person shall provide services in any capacity on an emergency medical
response vehicle unless he is at least a licensed emergency medical responder, or a holder of
a certificate of licensure as a registered nurse or licensed practical nurse, or is a physician or
surgeon licensed to practice medicine by the Louisiana State Board of Medical Examiners,
a licensed respiratory therapist, a licensed nurse practitioner, a licensed physician assistant,
or a licensed occupational therapist. No person shall provide services in any capacity on
these vehicles without holding an American Heart Association Health Care Provider, or
American Red Cross Professional Rescuer, or the equivalent cardio-pulmonary resuscitation
certification that has been approved by the Louisiana Department of Health.

B. No person shall conduct, maintain, or operate an emergency medical response
vehicle as an emergency vehicle which:

(1) Does not carry with it equipment, in fully operational condition, for emergency
medical response consistent with the scope of practice for emergency medical technicians
established in R.S. 40:1133.14. Each emergency medical response vehicle provider shall
develop and maintain a written policy identifying the equipment required to comply with the
provisions of this Paragraph. At a minimum, the policy shall identify the basic trauma
equipment, drugs, suction and oxygen equipment, cardiopulmonary resuscitation equipment,
and any other equipment required by law that shall be maintained on the emergency medical
response vehicle.

(2) Is not marked with the company name or logo on both sides and the rear and does
not have fully visible and audible warning signals in accordance with rules and regulations
promulgated by the Louisiana Department of Health.

(3) Does not meet the minimum motor vehicle safety standards as prescribed in the
rules and regulations promulgated pursuant to the Motor Vehicle Inspection Act, R.S.
32:1302 et seq.

(4) Is not insured in accordance with the provisions of R.S. 40:1135.9.

(5) Is not owned or leased by the certified ambulance service operating the vehicle.

C.(1) The Louisiana Department of Health or its designee shall be empowered to
conduct inspections of emergency medical response vehicles. The department shall certify
such vehicles and shall have the authority to deny, probate, suspend, or revoke certifications.
The department shall also have the authority to report any violations to the appropriate
district attorney's office.

(2) Certification issued by the Louisiana Department of Health shall serve as
authorization of the ambulance service to operate the emergency medical response vehicle
pursuant to the provisions of this Section.

D. Whoever violates the provisions of this Section shall be guilty of a misdemeanor
and upon conviction shall be fined not more than five hundred dollars or imprisoned for not
more than thirty days, or both. The penalty prescribed by this Subsection shall be doubled
for any subsequent offense.

*Acts 1997, No. 297, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 184, §2(A); Redesignated from R.S. 40:1235.1 by HCR 84 of 2015 R.S; Acts 2018, No. 557, §1.*

##### **§ 40:1135.3** Ambulance providers; licensure {#sec-40-1135.3 omnilex-key=us-la-statutes--rs-title-40--40:1135.3}

A. No person, firm, corporation, association, or government entity shall conduct,
manage, operate, or maintain an ambulance service in Louisiana without a valid current
license from the department, except that no license shall be required for any hospital that
operates a vehicle solely for the purpose of moving its own patients between parts of its own
campus, provided that all of the following conditions are met:

(1) The parts of the hospital's campus are not more than ten miles apart. For the
purposes of this Section, "campus" means the grounds and facilities of any licensed hospital
operating under the same provider number.

(2) At the time of transport, the patient is attended by at least two individuals who
are an emergency medical technician, a licensed practical or registered nurse, or a physician.

(3) The vehicle utilized by the hospital for transport contains the same equipment as
is required for a licensed ambulance and successfully completes an inspection by the
department to determine that it is in a safe and working order.

B. The application for such license shall be submitted to the department on forms
provided for that purpose. The application shall provide documentation that the applicant
meets the appropriate requirements for an ambulance provider as specified by regulations
promulgated by the department under the Administrative Procedure Act.

C. An applicant seeking licensure as an ambulance provider shall:

(1) Submit a completed application to the department on such forms and including
such information and supporting documentation as required by the department. Such
information shall include:

(a) A notarized certificate of insurance verifying that the provider has the legally
mandated insurance coverage.

(b) Proof that the provider has a medical director and that such director is a physician
licensed to practice medicine by the Louisiana State Board of Medical Examiners.

(c) All medical protocols signed by the EMS medical director or by the parish or
component medical society.

(d) Copies of personnel licenses and certifications. However, the department may
provide for inspection and review of these certifications at an applicant's offices by prior
agreement between the applicant and the department.

(e) For those providers providing advanced life support, verification that the provider
possesses a Louisiana Controlled Substance License and a United States Drug Enforcement
Administration Controlled Substance Registration.

(2) Submit to a background investigation which includes but is not limited to
fingerprinting and a criminal history check by the Department of Public Safety and
Corrections, office of state police.

(3) Successfully complete an inspection by the department which includes the
following:

(a) An inspection of all vehicles to determine that they are in safe and working order
and that they are equipped with all of the prescribed medical equipment as required by this
Section and R.S. 40:1135.1 and 1135.2. What is safe and working order shall be determined
pursuant to provisions of Title 32 of the Louisiana Revised Statutes of 1950 and the
Louisiana Motor Vehicle Inspection Manual in addition to the provisions of this Section and
R.S. 40:1135.1 and 1135.2. Each vehicle successfully completing the inspection shall
receive a permit authorizing it to be operated as part of the applicant's service.

(b) An inspection of all personnel licenses and certifications to verify that they meet
the requirements of law.

(c) Inspection and, when deemed necessary by the department, verification of the
information provided as required by Paragraph (1) of this Subsection and that such
information remains current.

(d) Verification that the provider has complied with all applicable federal, state, and
local statutes, rules, and regulations, and that the provider has obtained all necessary and
applicable licenses, permits, and certifications, including certificates of need or certificates
of public convenience and necessity.

(e) For those providers providing advanced life support, verification that the provider
possesses a Louisiana Controlled Substance License and a United States Drug Enforcement
Administration Controlled Substance Registration.

D. If an applicant's background investigation indicates that the applicant has a felony
conviction or has had any license pertaining to the provision of emergency medical services
revoked in another jurisdiction, then the license may be denied.

E. In order to renew an ambulance provider license, the applicant shall:

(1) Submit a renewal application to the department not more than thirty days prior
to expiration of the license.

(2) Provide any required documentation.

(3) Successfully complete a review of any required documentation and any
inspection or verification of any documentation of any vehicle as deemed appropriate by the
department.

F. Intentional falsification of material information provided pursuant to this Section
shall be grounds for immediate revocation of any license granted pursuant to this Section.

G. Failure to comply with any of the provisions of this Section shall constitute
grounds for probation or license suspension or revocation in accordance with rules and
regulations established pursuant to the Administrative Procedure Act.

H. Any person whose license has been revoked, suspended, or denied by the
department shall have the right to have the proceedings of the department reviewed by a
court of competent jurisdiction, provided that such appeal is made within thirty days after the
notice of the decision of the department. If an appeal is granted, the decision of the
department shall not be implemented until a decision affirming the department decision is
rendered on judicial review. The department's decision shall remain in force until an appeal
is granted unless the court orders a stay. Judicial review shall be by trial de novo.

I. Any entity currently certified to provide ambulance services in Louisiana shall not
be required to be licensed by the state in order to maintain certification for a period of one
year after July 15, 1999, in order to continue providing such services.

*Acts 1999, No. 1113, §1; Acts 2001, No. 517, §1; Acts 2001, No. 1032, §14; Acts 2003, No. 751, §1, eff. June 27, 2003; Acts 2006, No. 450, §1; Redesignated from R.S. 40:1235.2 by HCR 84 of 2015 R.S.; Acts 2020, No. 67, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1135.4** Ambulance services; fees {#sec-40-1135.4 omnilex-key=us-la-statutes--rs-title-40--40:1135.4}

Any person, partnership, corporation, unincorporated association, or other legal entity
currently operating or planning to operate an ambulance service shall pay the following fees
to the department, as applicable:

(1) An initial licensing fee of one hundred fifty dollars, to be submitted with the
initial application for a license.

(2) An annual license renewal fee of one hundred dollars, to be submitted with each
annual application for renewal of a license.

(3) A delinquent fee of one hundred dollars for failure to timely pay an annual
license renewal fee. Such delinquent fee shall be assessed and shall become due and payable
at 12:01 a.m. on the thirty-sixth day following the date of the invoice by which the
department bills the applicant or licensee for the annual license renewal fee.

(4) A vehicle inspection fee of seventy-five dollars for each ambulance or emergency
medical response vehicle, which shall be submitted with the initial application for a license,
with each annual application for renewal of a license, and with each application for a permit
for a vehicle added to service by the applicant.

(5) A delinquent fee of one hundred dollars for each ambulance and emergency
medical response vehicle, for failure to timely pay a vehicle inspection fee. Such delinquent
fee shall be assessed and shall become due and payable at 12:01 a.m. on the thirty-sixth day
following the date of the invoice by which the department bills the applicant or licensee for
the vehicle inspection fee.

(6) A change of address fee of ten dollars for each change of address.

(7) A duplicate license fee of ten dollars for each duplicate license.

*Acts 1999, No. 1113, §1; Redesignated from R.S. 40:1235.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1135.5** Ambulance services; violations; penalties; fines; notices; hearings; appeals {#sec-40-1135.5 omnilex-key=us-la-statutes--rs-title-40--40:1135.5}

A. The opening or operation of an ambulance service without a current license
therefor shall be a misdemeanor, punishable upon conviction by a fine of not less than one
thousand dollars and not more than five thousand dollars. Each day's violation shall
constitute a separate offense.

B.(1) Any person or entity violating the provisions of this Chapter when such
violation poses a threat to the health, safety, rights, or welfare of a patient or client may be
liable to civil fines and other penalties, to be assessed by the department, in addition to any
criminal action which may be brought under other applicable laws. The department shall
adopt rules, in accordance with the Administrative Procedure Act, which define specific
classifications of violations, articulate factors in assessing civil fines including mitigating
circumstances, and explain the treatment of continuing and repeat deficiencies.

(2) The schedule of civil fines and other penalties by class of violation is as follows:

(a) Class A violations: If an ambulance or emergency medical response vehicle is
found to have been operated in violation of any of the requirements of this Chapter
concerning the number or qualifications of personnel, the ambulance or emergency medical
response vehicle shall be immediately taken out of service until it meets those requirements,
and the ambulance service operating it shall be subject to a civil fine of not more than five
hundred dollars for the first violation and not more than one thousand dollars per day for
each repeat violation.

(b) Class B violations: If an ambulance service is found to have been operating in
violation of any of the requirements of this Chapter concerning insurance coverage, its
license shall be immediately suspended until it meets those requirements, and it shall be
subject to a civil fine of not more than five hundred dollars for the first violation and not
more than one thousand dollars per day for each repeat violation.

(c) Class C violations: If an ambulance or emergency medical response vehicle is
found to have been operated without undergoing any inspection required under the provisions
of this Chapter, the ambulance or emergency medical response vehicle shall be immediately
taken out of service until it meets those requirements, and the ambulance service operating
it shall be subject to a civil fine of not more than five hundred dollars for the first violation
and not more than one thousand dollars per day for each repeat violation.

(d) Class D violations: If an ambulance or emergency medical response vehicle is
found to have been operated in violation of any of the requirements of this Chapter
concerning medical and safety equipment, the ambulance or emergency medical response
vehicle shall be immediately taken out of service until it meets those requirements, and the
ambulance service operating it shall be subject to a civil fine of not more than one hundred
dollars for the first violation and not more than five hundred dollars per day for each repeat
violation.

(e) Class E violations: If an ambulance or emergency medical response vehicle is
found to have been operated in violation of any of the requirements of Chapter 7 of Title 32
of the Louisiana Revised Statutes of 1950, the ambulance or emergency response vehicle
shall be immediately taken out of service until it meets those requirements, and the
ambulance service operating it shall be subject to a civil fine of not more than one hundred
dollars for the first violation and not more than five hundred dollars per day for each repeat
violation.

C. The department shall adopt rules and regulations, in accordance with the
Administrative Procedure Act, to provide notice to the ambulance service of any violation,
of its right to an informal reconsideration process, and of the available appeal procedure,
including judicial review. Such appeal shall be suspensive.

D. The ambulance service shall furnish, with an appeal, bond in the minimum
amount of one and one-half times the amount of the fine imposed by the department. The
bond shall provide in substance that it is furnished as security that the ambulance service will
prosecute its appeal and that any judgment against it, including court costs, will be paid or
satisfied from the amount furnished. The appeal shall be heard as a summary proceeding
which shall be given precedence over other pending matters.

E. The department may institute all necessary civil court action to collect fines
imposed and not timely appealed. No ambulance service may claim imposed fines as
reimbursable costs, nor increase charges to patients or clients as a result of such fines.
Interest shall begin to accrue on any fine at the current judicial rate on the day following the
date on which the fine becomes due and payable.

*Acts 1999, No. 1113, §1; Redesignated from R.S. 40:1235.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1135.6** Advanced emergency medical technicians {#sec-40-1135.6 omnilex-key=us-la-statutes--rs-title-40--40:1135.6}

In addition to the requirements of R.S. 40:1135.1, any hospital, ancillary medical
facility, or ambulance service, whether public or private, may conduct a program utilizing
any emergency medical services practitioner to supervise and direct the delivery of
emergency medical care to the sick and injured at the scene of an emergency during transport
to a hospital, while in the hospital emergency department, and until care responsibility is
assumed by the regular hospital staff.

*Acts 1977, No. 626, §2. Amended by Acts 1978, No. 469, §1; Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1236 by HCR 84 of 2015 R.S.*

##### **§ 40:1135.7** Unauthorized response by commercial ambulances; penalties {#sec-40-1135.7 omnilex-key=us-la-statutes--rs-title-40--40:1135.7}

A. No commercial ambulance shall make any emergency run based solely on
information intercepted by use of a radio communication scanner or similar device except
in cases where human life is threatened, unless that commercial ambulance has been
specifically requested to respond to such emergency. Nothing in this Section shall be
construed to prohibit service to a subscriber of a commercial ambulance service. No person
certified under this Chapter or certified or licensed pursuant to any provision of Louisiana
law shall operate a commercial ambulance in violation of this Section.

B. The certificate or license of any person certified under this Chapter or certified
or licensed pursuant to Louisiana law who violates the provisions of this Section shall be
suspended by the appropriate certification or licensing authority for not less than thirty days,
nor more than six months.

C. Proceedings to enforce the provisions of this Section shall be conducted in
accordance with the Administrative Procedure Act.

*Acts 1987, No. 187, §1; Redesignated from R.S. 40:1236.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1135.8** Air ambulance services; licensure {#sec-40-1135.8 omnilex-key=us-la-statutes--rs-title-40--40:1135.8}

A. No person, firm, corporation, association, or governmental entity shall conduct,
manage, operate, or maintain an air ambulance service in the state without a valid current
license from the department.

B. The application for such license shall be submitted to the department on forms
provided for this purpose. The application shall provide documentation that the applicant
meets the appropriate requirements for an air ambulance service as specified by regulations
promulgated by the department in accordance with the Administrative Procedure Act.

C. An applicant seeking licensure as an air ambulance service shall:

(1) Submit a completed application to the department on such forms and including
such information as specified by the department.

(2) Submit the appropriate initial license fee as provided in this Chapter.

(3) Submit to a background investigation which includes but is not limited to
fingerprinting and a criminal history check by the Department of Public Safety and
Corrections, office of state police.

(4) Submit to and successfully complete an inspection by the department to include
the following:

(a) An inspection of all aircraft utilized as air ambulances to ensure that all required
medical and safety equipment is present and operational. The medical and safety equipment
shall conform to local protocol as established by the medical director of the air ambulance
service. The list of required medical and safety equipment shall be established under rules
promulgated by the department and shall be based upon the recommendations of an advisory
committee to be composed of the following persons:

(i) The medical director of the department.

(ii) The director of the bureau.

(iii) One representative of the health standards section of the department's office of
the secretary, bureau of health services financing.

(iv) One representative of the Governor's Emergency Medical Services for Children
Advisory Council.

(v) One representative of the Department of Transportation and Development, office
of engineering, aviation section.

(vi) One representative of each air ambulance service certified or licensed in
accordance with this Chapter.

(b) Verification that all aircraft meet the appropriate Federal Aviation Administration
requirements.

(c) Review of licenses and certifications of all personnel to ensure that they meet all
Federal Aviation Administration requirements and local pilot and medical personnel staffing
protocols.

(d) Verification that the applicant is in receipt of an original notarized certificate of
insurance for the following coverage:

(i) Five hundred thousand dollars of aircraft liability insurance.

(ii) Five hundred thousand dollars of medical malpractice insurance or proof of
participation in the Patient's Compensation Fund.

(iii) Five hundred thousand dollars of commercial general liability insurance.

(e) Verification that the service has a medical director and that such director is a
physician licensed to practice medicine by the Louisiana State Board of Medical Examiners.

(f) A review of medical protocols signed by the EMS medical director of the air
ambulance service or the president or designee of the parish or component medical society
in the service's parish of domicile.

(g) Verification that the service has complied with all applicable federal, state, and
local statutes, rules, and regulations, and that the service has obtained all necessary and
applicable licenses, permits, and certifications, including certificates of need or certificates
of public convenience and necessity.

(5) Certify that all aircraft and crew members meet applicable Federal Aviation
Administration regulations.

(6) Specify if the service uses either fixed-wing or rotary-winged aircraft, or both.

D. If a service provides interhospital air transport, air transport from hospital to
another facility, air transport from hospital to home, or similar air transport, the service must
certify that a medical director is employed to advise the service on the appropriate staffing,
equipment, and supplies to be used for the transport of patients aboard an air ambulance.

E. In order to renew a license for an air ambulance service, the applicant shall:

(1) Submit a renewal application to the department not more than ninety days before
the expiration of the license.

(2) Submit the appropriate fee as provided herein in Subsection B.

(3) Provide documentation that current standards for issuance of a license are met.

(4) Successfully complete a review of any required documentation and any
inspection or verification of any documentation of any airplane deemed appropriate by the
department.

F. Intentional falsification of information provided pursuant to this Section or failure
to comply with any provisions hereof shall be grounds for immediate revocation of any
license granted pursuant to this Section.

G.(1) Nothing in this Section shall be construed to prohibit, limit, or regulate random
mercy flights made by a person or corporation in privately or publicly owned aircraft who
may on occasion transport individuals who may need medical attention during transport, or
human organs, intended for transplantation, including but not limited to the heart, lungs,
kidneys, liver, and other soft tissue and bones, on either a not-for-profit basis or gratuitously.

(2) Failure to comply with any of the provisions of this Section shall constitute
grounds for probation, suspension, revocation of license, or other administrative sanction in
accordance with rules and regulations established by the department.

(3) Any person whose license has been revoked, suspended, or denied by the
department shall have the right to have the proceedings of the department reviewed by a
court of competent jurisdiction, provided that such appeal is made within thirty days after the
notice of the decision of the department. If an appeal is granted, the decision of the
department shall not be implemented until a decision affirming the department decision is
rendered on judicial review. The department's decision shall remain in force until an appeal
is granted unless the court orders a stay. Judicial review shall be by trial de novo.

H. Any entity currently certified to provide ambulance service in Louisiana shall not
be required to be licensed by the state in order to maintain certification for a period of one
year after July 15, 1999, in order to continue providing such services.

*Acts 1988, No. 982, §1; Acts 1999, No. 1114, §1; Acts 2001, No. 517, §1; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §6; Redesignated from R.S. 40:1236.2 by HCR 84 of 2015 R.S.; Acts 2020, No. 67, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.*

##### **§ 40:1135.9** Required insurance coverage {#sec-40-1135.9 omnilex-key=us-la-statutes--rs-title-40--40:1135.9}

A. Notwithstanding the provisions of R.S. 33:4791 and 4791.1, each ambulance
provider, as defined in this Section, shall continuously have in effect the following minimum
amounts of insurance:

(1) Medical malpractice liability insurance in the amount of five hundred thousand
dollars.

(2) Automobile liability insurance in the amount of five hundred thousand dollars
in combined single limits and five hundred thousand dollars in the aggregate.

(3) General liability insurance in the amount of five hundred thousand dollars per
occurrence and five hundred thousand dollars in the aggregate.

(4) Repealed by Acts 1999, No. 1113, §2.

B. Each ambulance provider shall submit a certificate of insurance issued by its
insurance carrier to the Louisiana Department of Health as proof of the minimum insurance
coverage required by this Section. Each ambulance provider shall also be required to notify
the department in writing at least thirty days prior to any material change in or cancellation
of such coverage.

C. For purposes of this Section, "ambulance provider" shall mean any entity owning,
controlling, or operating any business or service which, as a substantial portion of its
business, furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage
in, or professes to engage in the business or service of transporting persons who may need
medical attention during transport. However, "ambulance provider" shall not include:

(1) Agencies of the federal government;

(2) Volunteer nonprofit organizations or municipal nonprofit organizations operating
invalid coaches, as defined in R.S. 40:1131(7);

(3) Entities rendering assistance to licensed ambulances in the case of a major
disaster;

(4) Licensed hospitals providing nonemergency, noncritical interhospital transfer and
patient transportation for diagnostic and therapeutic purposes when such transportation
originates at a licensed hospital;

(5) Entities operating ambulances from a location outside of the state to transport
patients from a location outside of the state to a location inside the state or to transport
patients from a medical facility inside to a point outside of the state; or

(6) Entities providing transportation to employees who become sick or injured during
the course of their employment from a job site to the nearest appropriate medical facility.

*Acts 1990, No. 442, §1; Acts 1992, No. 678, §1; Acts 1999, No. 1113, §2; Redesignated from R.S. 40:1236.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1135.10** Emergency Medical Technician Dedicated Fund Account {#sec-40-1135.10 omnilex-key=us-la-statutes--rs-title-40--40:1135.10}

A. There is hereby established a special account in the state treasury to be known as
the Emergency Medical Technician Dedicated Fund Account, hereafter referred to as
"account", which shall consist of monies generated by the fees collected from the purchase
of prestige license plates for certified emergency medical technicians as provided in R.S.
47:463.47. In addition, the legislature may make annual appropriations to the account for the
purposes set forth in this Section.

B. All monies collected pursuant to R.S. 47:463.47 shall be deposited in the Bond
Security and Redemption Fund as required by Article VII, Section 9(B) of the Constitution
of Louisiana and thereafter shall be credited to a special agency account. Funding deposited
into the account shall be considered fees and self-generated revenues and shall be available
for annual appropriations by the legislature.

C. The monies in the account shall be appropriated to the Louisiana Department of
Health solely for purchasing equipment for the testing of applicants for certification as an
emergency medical technician and to cover other testing-related costs. All unexpended and
unencumbered monies remaining in the account at the close of each fiscal year shall remain
in the account.

*Acts 1997, No. 1131, §1, eff. July 14, 1997; Redesignated from R.S. 40:1236.5 by HCR 84 of 2015 R.S; Acts 2018, No. 612, §13, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.*

##### **§ 40:1135.11** Air ambulance services; fees {#sec-40-1135.11 omnilex-key=us-la-statutes--rs-title-40--40:1135.11}

Any person, partnership, corporation, unincorporated association, or other legal
entity, currently operating or planning to operate an air ambulance service shall pay the
following fees to the department, as applicable:

(1) An initial licensing fee of one hundred fifty dollars, which shall be submitted
with the initial application for a license.

(2) An annual license renewal fee of one hundred dollars, which shall be submitted
with each annual application for renewal of a license.

(3) A delinquent fee of one hundred dollars for failure to timely pay an annual
license renewal fee. Such delinquent fee shall be assessed and shall become due and payable
at 12:01 a.m. on the thirty-sixth day following the date of the invoice by which the
department bills the applicant or licensee for the annual license renewal fee.

(4) An aircraft inspection fee of seventy-five dollars for each aircraft, which shall be
submitted with the initial application for a license, with each annual application for renewal
of a license, and with each application for a permit for an aircraft added to the service by the
applicant.

(5) A delinquent fee of twenty-five dollars for each aircraft for failure to timely pay
an aircraft inspection fee. Such delinquent fee shall be assessed and shall become due and
payable at 12:01 a.m. on the thirty-sixth day following the date of the invoice by which the
department bills the applicant or licensee for the aircraft inspection fee.

(6) A change of address fee of ten dollars for each change of address.

(7) A duplicate license fee of ten dollars for each duplicate license.

*Acts 1999, No. 1114, §1; Redesignated from R.S. 40:1236.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1135.12** Air ambulance services; violations; penalties; fines; notice; hearings; appeal {#sec-40-1135.12 omnilex-key=us-la-statutes--rs-title-40--40:1135.12}

A. The opening or operation of an air ambulance service without a current license
therefor shall be a misdemeanor, punishable upon conviction by a fine of not less than one
thousand dollars and not more than five thousand dollars, and each day's violation shall
constitute a separate offense.

B.(1) Any person or entity violating the provisions of this Chapter when such
violation poses a threat to the health, safety, rights, or welfare of a patient or client may be
liable to civil fines and other penalties, to be assessed by the department, in addition to any
criminal action which may be brought under other applicable laws. The department shall
adopt rules in accordance with the Administrative Procedure Act which define specific
classifications of violations, articulate factors in assessing civil fines including mitigating
circumstances, and explain the treatment of continuing and repeat deficiencies.

(2) The schedule of civil fines and other penalties by class of violation is as follows:

(a) Class A Violations: If an air ambulance is found to have been operated in
violation of any of the requirements of this Chapter concerning the number or qualifications
of personnel, the air ambulance shall be immediately taken out of service until it meets those
requirements, and the air ambulance service operating it shall be subject to a civil fine of not
more than five hundred dollars for the first violation and not more than one thousand dollars
per day for each repeat violation.

(b) Class B Violations: If an air ambulance service is found to have been operating
in violation of any of the requirements of this Chapter concerning insurance coverage, its
license shall be immediately suspended until it meets those requirements, and it shall be
subject to a civil fine of not more than five hundred dollars for the first violation and not
more than one thousand dollars per day for each repeat violation.

(c) Class C Violations: If an air ambulance is found to have been operated without
undergoing any inspection required under the provisions of this Chapter, the air ambulance
shall be immediately taken out of service until it meets those requirements, and the air
ambulance service operating it shall be subject to a civil fine of not more than five hundred
dollars for the first violation and not more than one thousand dollars per day for each repeat
violation.

(d) Class D Violations: If an air ambulance is found to have been operated in
violation of any of the requirements of this Chapter concerning medical and safety
equipment, the air ambulance shall be immediately taken out of service until it meets those
requirements, and the air ambulance service operating it shall be subject to a civil fine of not
more than one hundred dollars for the first violation and not more than five hundred dollars
per day for each repeat violation.

C. The department shall adopt rules and regulations in accordance with the
Administrative Procedure Act to provide notice to the air ambulance service of any violation,
of its right to an informal reconsideration process, and of the available appeal procedure,
including judicial review. Such appeal shall be suspensive.

D. The air ambulance service shall furnish, with an appeal, bond in the minimum
amount of one and one-half times the amount of the fine imposed by the department. The
bond shall provide in substance that it is furnished as security that the air ambulance service
will prosecute its appeal and that any judgment against it, including court costs, will be paid
or satisfied from the amount furnished. The appeal shall be heard as a summary proceeding
which shall be given precedence over other pending matters.

E. The department may institute all necessary civil court action to collect fines
imposed and not timely appealed. No air ambulance service may claim imposed fines as
reimbursable costs, nor increase charges to patients and clients as a result of such fines.
Interest shall begin to accrue on any fine at the current judicial rate on the day following the
date on which the fine becomes due and payable.

*Acts 1999, No. 1114, §1; Redesignated from R.S. 40:1236.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1135.13** Repealed by Acts 2022, No. 252, §3. {#sec-40-1135.13 omnilex-key=us-la-statutes--rs-title-40--40:1135.13}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1136** Repealed by Acts 1990, No. 281, §1. {#sec-40-1136 omnilex-key=us-la-statutes--rs-title-40--40:1136}

*Repealed by Acts 1990, No. 281, §1.*

##### **§ 40:1137** Repealed by Acts 1990, No. 281, §1. {#sec-40-1137 omnilex-key=us-la-statutes--rs-title-40--40:1137}

*Repealed by Acts 1990, No. 281, §1.*

#### **PART IV** AUTOMATED EXTERNAL DEFIBRILLATORS

##### **§ 40:1137.1** Legislative findings {#sec-40-1137.1 omnilex-key=us-la-statutes--rs-title-40--40:1137.1}

A. The Legislature of Louisiana finds that each year more than three hundred fifty
thousand Americans die from out-of-hospital sudden cardiac arrest. More than ninety-five
percent of these Americans die, in many cases because a lifesaving defibrillator did not arrive
at the scene of the emergency in time.

B. The American Heart Association estimates that more than twenty thousand deaths
may be prevented each year if defibrillators were more widely available to designated
responders.

C. Many communities throughout the state and nation have invested in 911
emergency response systems, emergency personnel, and ambulance vehicles. However,
many of these communities do not have enough defibrillators in their community.

D. It is therefore the intent of the legislature to encourage greater acquisition,
deployment, and use of automated external defibrillators in communities throughout the
state.

*Acts 1999, No. 825, §1; Redesignated from R.S. 40:1236.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1137.2** Definitions {#sec-40-1137.2 omnilex-key=us-la-statutes--rs-title-40--40:1137.2}

As used in this Part "automated external defibrillator" and "AED" mean a medical
device heart monitor and defibrillator that:

(1) Has received approval of its pre-market notification filed pursuant to 21 U.S.C.
360(k) from the United States Food and Drug Administration.

(2) Is capable of recognizing the presence or absence of ventricular fibrillation or
rapid ventricular tachycardia and is capable of determining whether defibrillation should be
performed.

(3) Upon determining that defibrillation should be performed, automatically charges
and requests delivery of an electrical impulse to an individual's heart.

(4) Is capable of delivering the electrical impulse to an individual's heart.

*Acts 1999, No. 825, §1; Redesignated from R.S. 40:1236.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1137.3** Persons in possession of AEDs; training, testing, and notification requirements; manufacturer responsibility; possession required {#sec-40-1137.3 omnilex-key=us-la-statutes--rs-title-40--40:1137.3}

A. In order to ensure public health and safety, any person or entity that possesses an
AED shall ensure that:

(1) The AED is maintained and tested according to the manufacturer's guidelines.

(2) A licensed physician or advanced practice registered nurse who is authorized to
prescribe is involved in the possessor's program to ensure compliance with the requirements
for training, emergency medical service (EMS) notification, and maintenance.

(3)(a) Expected AED users regularly, on the premises of a particular entity, such as
a work site or users who carry an AED in a private security patrol vehicle, receive
appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED from
any nationally recognized course in CPR and AED use.

(b) For purposes of this Paragraph, "expected AED users" shall be any person
designated by the possessor to render emergency care.

(4) The emergency medical services system is activated as soon as possible when an
individual renders emergency care to an individual in cardiac arrest by using an AED.

(5) Any clinical use of the AED is reported to the licensed physician or advanced
practice registered nurse involved in the possessor's program.

B. Any person or entity that possesses an AED shall notify a local provider of
emergency medical services, such as a 911 service, local ambulance service, or fire
department of the acquisition, location, and type of AED.

C. Any manufacturer, wholesale supplier, or retailer of an AED shall notify
purchasers of AEDs intended for use in the state of the requirements of this Section.

D.(1) The owner of or the entity responsible for a physical fitness facility shall keep
an AED on its premises.

(2) As used in this Subsection:

(a) "Physical fitness facility" means a facility for profit or nonprofit with a
membership of over fifty persons that offers physical fitness services. This term includes but
is not limited to clubs, studios, health spas, weight control centers, clinics, figure salons,
tanning centers, athletic or sport clubs, and YWCA and YMCA organizations.

(b) "Physical fitness services" means services for the development of physical fitness
through exercise or weight control. It shall not include a business limited solely to the
practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the
Louisiana State Board of Medical Examiners, nor shall it apply to medically related services
performed by a physician licensed by the Louisiana State Board of Medical Examiners in a
private office, clinic, or hospital.

E.(1)(a) Each postsecondary education institution shall have an AED on its premises
in an easily accessible location within its athletic department.

(b) Any postsecondary education institution that sponsors an intercollegiate athletic
event shall have an AED and a trained AED user who is also trained in first-aid CPR at the
event.

(c) Each postsecondary education institution shall have a "cardiac emergency
response plan". For purposes of this Subparagraph, a "cardiac emergency response plan"
means a written document that establishes the specific steps to reduce death from cardiac
arrest at an intercollegiate athletic event.

(i) An institution cardiac emergency response plan shall be prepared by each
president or chancellor jointly with local emergency responders.

(ii) The plan, which shall focus on preventing the loss of life, shall integrate at a
minimum the following guidelines:

(aa) Establishing a cardiac emergency response team.

(bb) Activating the team in response to a sudden cardiac arrest.

(cc) Implementing AED placement and routine maintenance within the institution.

(dd) Maintaining ongoing staff training in CPR and AED use.

(ee) Practicing using drills.

(ff) Integrating local EMS with the plan.

(gg) Annually reviewing and evaluating the plan.

(2)(a) Each elementary, middle, and high school shall have an AED on its premises
in an easily accessible location. Each school shall have the authority to accept donations of
AEDs or funds to acquire AEDs.

(b) Any elementary, middle, or high school that sponsors an interscholastic athletic
event shall have an AED and a trained AED user who is also trained in first-aid CPR at the
event.

(c) Each elementary, middle, and high school shall have a "cardiac emergency
response plan". For purposes of this Subparagraph, a "cardiac emergency response plan"
means a written document that establishes the specific steps to reduce death from cardiac
arrest at an interscholastic athletic event.

(i) A school cardiac emergency response plan shall be prepared by each principal
jointly with local emergency responders.

(ii) The plan, which shall focus on preventing the loss of life, shall integrate at a
minimum the following guidelines:

(aa) Establishing a cardiac emergency response team.

(bb) Activating the team in response to a sudden cardiac arrest.

(cc) Implementing AED placement and routine maintenance within the school.

(dd) Maintaining ongoing staff training in CPR and AED use.

(ee) Practicing using drills.

(ff) Integrating local EMS with the plan.

(gg) Annually reviewing and evaluating the plan.

F. The Louisiana Department of Health shall promulgate all necessary rules and
regulations to implement the provisions of this Section. Such rules and regulations shall, at
a minimum, provide for:

(1) Compliance, enforcement, and penalties.

(2) Periodic maintenance and testing of each AED to ensure each AED is in working
order.

(3) Appropriate training for persons designated to use and maintain an AED.

G.(1) There is hereby created in the state treasury, as a special fund, the Jump Start
Your Heart Fund, hereinafter referred to in this Section as the "fund". The fund shall consist
of any monies appropriated, allocated, donated, or transferred to the fund and shall be
deposited by the state treasurer after compliance with the provisions of Article VII, Section
9(B) of the Constitution of Louisiana.

(2) All unexpended and unencumbered monies in the fund at the end of the fiscal
year shall remain in the fund. Monies in the fund shall be invested in the same manner as
monies in the state general fund. Interest earned on the investment of monies in the fund
shall be deposited in and credited to the fund.

(3) Monies in the fund shall be appropriated by the legislature and shall be utilized
to purchase automated external defibrillators for use at each postsecondary, high, middle, and
elementary school in the state under the provisions of all necessary rules and regulations as
promulgated by the Louisiana Department of Health.

*Acts 1999, No. 825, §1; Acts 2004, No. 443, §1; Acts 2004, No. 885, §1, eff. Jan. 1, 2005; Acts 2012, No. 706, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1236.13 by HCR 84 of 2015 R.S.; Acts 2016, No. 128, §1; Acts 2016, No. 425, §1; Acts 2023, No. 234, §1, see Act.*

##### **§ 40:1137.4** Limitation of liability {#sec-40-1137.4 omnilex-key=us-la-statutes--rs-title-40--40:1137.4}

In addition to the civil immunity provided to persons rendering emergency assistance
as provided by law, including R.S. 9:2793, R.S. 37:1731, 1732, and 1735, and R.S.
40:1131.2, any prescribing advanced practice registered nurse or physician who authorizes
the purchase of the AED, any physician or advanced practice registered nurse involved in the
possessor's program, any individual or entity which provides training in cardiopulmonary
resuscitation and in the use of an AED, any purchaser of an AED, any person or entity who
owns or who is responsible for the site or the private security patrol vehicle where an AED
is located, and any expected user regularly on the premises or in the vehicle shall not be
liable for any civil damages arising from any act or omission of acts related to the operation
of or failure to operate an AED that do not amount to willful or wanton misconduct or gross
negligence.

*Acts 1999, No. 825, §1; Acts 2004, No. 443, §1; Acts 2010, No. 459, §2; Redesignated from R.S. 40:1236.14 by HCR 84 of 2015 R.S.*

#### **PART V** FIRST RESPONDER FINANCIAL STABILIZATION AND ENHANCEMENT

##### **§ 40:1139.1** Legislative findings {#sec-40-1139.1 omnilex-key=us-la-statutes--rs-title-40--40:1139.1}

The legislature hereby finds and declares the following:

(1) Emergency medical services constitute an invaluable part of the healthcare
delivery system of Louisiana and are an essential element of Louisiana's emergency
preparedness system.

(2) Emergency medical services will be a key element in any healthcare reform
initiative.

(3) Emergency medical services are a key component of any economic development
program as they are essential to recruiting and retaining industry.

(4) The cost of funding the Medicaid program and healthcare for the poor and
uninsured in the state must be carefully managed in a manner which recognizes the
challenges associated with appropriate reimbursement for services under the program.

(5) Emergency medical service providers want to assure that emergency medical
services are available to all residents of Louisiana.

(6) It is in the best interest of the state that there exist sufficient resources to assure
the availability of emergency ambulance services to the citizens of Louisiana and the creation
of a statewide ambulance service district will help to ensure this goal.

(7) The Louisiana Ambulance Alliance and the Louisiana Department of Health are
interested in exploring the use of local revenues to enhance the delivery of emergency
ambulance services through the use of certified public expenditures, intergovernmental
transfers or other financing mechanisms that are in accordance with the applicable state and
federal regulations.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.21 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.2** Short title {#sec-40-1139.2 omnilex-key=us-la-statutes--rs-title-40--40:1139.2}

This Part shall be known and may be cited as the "First Responder Financial
Stabilization and Enhancement Act".

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.22. by HCR 84 of 2015 R.S.*

##### **§ 40:1139.3** Statewide ambulance service district; creation {#sec-40-1139.3 omnilex-key=us-la-statutes--rs-title-40--40:1139.3}

In order to provide for sufficient resources to assure the availability of emergency
ambulance services to the population of Louisiana, the legislature does hereby establish a
statewide ambulance service district. The boundaries of the district shall be coterminous
with the boundaries of the state. The ambulance service district thus created shall constitute
a body corporate in law with all powers of a corporation, shall have perpetual existence, shall
have the power and right to contract obligations, to sue and be sued, and to do and perform
any and all acts in its corporate capacity and its corporate name necessary and proper for the
carrying out of the objects and purposes for which the ambulance service district was created.
It shall have the power and authority to acquire any and all necessary equipment and
buildings for the purpose of performing the objects for which it is formed and shall own all
sites and physical facilities which are acquired either by donation, purchase, exchange, and
otherwise in full ownership.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.23 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.4** Object and purpose of the district {#sec-40-1139.4 omnilex-key=us-la-statutes--rs-title-40--40:1139.4}

The object and purpose of the ambulance service district and the governing body
created under the provisions of this Part shall be to enhance reimbursement and financial
stability of ambulance providers. The Louisiana Department of Health, hereafter referred to
as the "department", may submit waivers or state plan amendments to the Centers for
Medicare and Medicaid Services in order to secure federal financial participation in relation
to any such payments or reimbursement. Payments shall be made only in accordance with
an approved waiver or state plan amendment. The department and the statewide ambulance
district may enter into an agreement, in accordance with state and federal law, to develop
funding methodologies in a way that is consistent with the legislative intent set forth herein.
The methodology shall be created with the intent to maximize, to the fullest extent possible,
the return to the providers located within the jurisdiction of the local governing body which
subsidized the delivery of services. Any licensed provider of ambulance services shall be
eligible to participate in the district. Participation is on a strictly voluntary basis.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.24 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.5** Ambulance service district commission; qualifications, appointment, vacancies, removal, and compensation of members {#sec-40-1139.5 omnilex-key=us-la-statutes--rs-title-40--40:1139.5}

A. The ambulance service district created pursuant to this Part shall be governed by
the Ambulance Service District Commission, hereafter referred to as the "commission". The
commission shall be composed of seven members, one member from each congressional
district and the remaining member or members from the state at large, appointed by the
governor, subject to confirmation by the Senate, from a list of names submitted by the
Louisiana Ambulance Alliance. The nomination list submitted to the governor shall include
at least three nominees from each congressional district and at least three nominees for each
position to be appointed from the state at large. Members of the commission shall be citizens
and qualified electors of this state. Initially, three members of the commission shall be
appointed for a two-year term, and the remaining members for four-year terms. Thereafter,
all members shall be appointed for four years. Any vacancy on the board caused by death,
resignation, removal, or disability of a member shall be filled for the unexpired term in the
same manner as the original appointment.

B. Any member of the commission whose term expires shall continue to serve on the
commission until such time that a successor is appointed.

C. Any member of the commission may be removed from office for cause and his
appointment rescinded by a two-thirds vote of the membership of the governing authority.

D. The commission annually shall elect one of its members chairman, and one vice-chairman. The meetings shall be held at the domicile of the district established by the
commission. At least four regular meetings shall be held annually. Special meetings may
be held at such times and places as shall be specified, by call of the chairman or by a simple
majority of the commission.

E. A majority of the members shall constitute a quorum of the board for all purposes
and functions of the board.

F. Each member of the board shall receive a certificate or commission from the
governor and before beginning his term of office shall file with the secretary of state a
written oath or affirmation of faithful discharge of his official duties.

G. The members of the commission and all employees of the corporation shall be
subject to the Code of Governmental Ethics. They shall be considered public employees as
defined by R.S. 42:1102(18) and the corporation shall be considered an agency as defined
by R.S. 42:1102(2) for purposes of the Code of Governmental Ethics only. All meetings of
the board shall be open and subject to the provisions of R.S. 42:11 et seq. A record of all
proceedings at regular and special meetings of the board shall be kept and shall be open to
public inspection, except as otherwise provided by this Title or in R.S. 42:17.

H. No member of the board shall receive a per diem or shall be reimbursed for
expenses incurred when attending a meeting of the board or any of its committees or for the
time spent on behalf of the board on official business.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Acts 2012, No. 803, §11; Redesignated from R.S. 40:1236.25 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.6** Powers and duties of the commission {#sec-40-1139.6 omnilex-key=us-la-statutes--rs-title-40--40:1139.6}

In addition to its duties defined elsewhere, the commission shall have the duty and
authority:

(1) To represent the public interest in facilitating ambulance care in the state.

(2) To pursue grant funds to advance first responder services.

(3) To enter into cooperative agreements with other public and private entities.

(4) To assist ambulance providers in obtaining lowest possible cost for equipment
and supplies through group purchasing.

(5) To appoint a director of the ambulance service district and to perform such other
duties as may now or hereafter be required by law.

(6) To appoint the necessary standing and special committees which may be
necessary to carry out the purposes of this Part.

(7) To establish rates of pay for the use of facilities provided by the district.

(8) To enter into contractual arrangements with recognized and duly constituted
ambulance providers which are primarily engaged in the operation of ambulance-related
functions in order to enhance Medicaid funding and reimbursement, and for related matters.

(9) To designate a bank to act as agent for depositing funds.

(10) To designate rules and regulations for safekeeping of the funds acquired,
collected, or loaned by or to the district, and to provide for regular audits of the accounts of
the district.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.26 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §4.*

##### **§ 40:1139.7** Procedure for organizing the ambulance service district {#sec-40-1139.7 omnilex-key=us-la-statutes--rs-title-40--40:1139.7}

A. At the same time as the governor appoints the initial members of the commission,
the governor shall designate a time and place for the first meeting of the commission. The
first meeting shall take place within sixty days from the date of the initial appointments. At
the first meeting of the commission, the commission shall proceed to organize by electing
a chairman and a vice-chairman.

B. It shall be the duty of the chairman to preside over the meetings of the
commission and to perform such other duties as are usually required of the chairman of a
corporate board. It shall be the duty of the vice-chairman to act in the absence of the
chairman and in case of the disability of the chairman.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.27 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.8** Domicile; service of process {#sec-40-1139.8 omnilex-key=us-la-statutes--rs-title-40--40:1139.8}

A. The domicile of the district shall be fixed by the commission and may be changed
at the pleasure of the commission. All books and records of the district shall be kept at the
domicile.

B. Service of process shall be made upon the director, and in his absence, upon the
chairman of the commission, and in his absence or their absence, then upon the vice-chairman of the commission.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.28 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.9** District as a political subdivision; power to incur debt and issue general bonds {#sec-40-1139.9 omnilex-key=us-la-statutes--rs-title-40--40:1139.9}

The ambulance service district is hereby declared to be a political subdivision of the
state. For carrying out the purposes of the ambulance service district as provided in this Part,
the district, pursuant to the provisions of the Louisiana Constitution of 1974, shall have the
power to incur debt and issue general obligation bonds or revenue.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.29 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.10** Federal and state aid {#sec-40-1139.10 omnilex-key=us-la-statutes--rs-title-40--40:1139.10}

The ambulance service district created hereunder shall have full power to do such
things and enter into any contracts and agreements with any state or federal agency or
instrumentality as may be necessary to procure aids and grants to assist such districts in
carrying out the purpose for which they are created.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.30 by HCR 84 of 2015 R.S.*

##### **§ 40:1139.11** Rules and regulations {#sec-40-1139.11 omnilex-key=us-la-statutes--rs-title-40--40:1139.11}

The commission shall have the power, and it shall be its duty, to adopt rules and
regulations, in accordance with the Administrative Procedure Act, for the proper
disbursement of funds to participating providers. Such rules and regulations shall be
submitted to the Senate and House committees on health and welfare and such committees
shall have jurisdiction for purposes of the Administrative Procedure Act.

*Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.31 by HCR 84 of 2015 R.S.*

#### **PART VI** RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT (REPLICA)

##### **§ 40:1141** Recognition of Emergency Medical Services Personnel Licensure Interstate Compact (REPLICA); adoption {#sec-40-1141 omnilex-key=us-la-statutes--rs-title-40--40:1141}

The Recognition of Emergency Medical Services Personnel Licensure Interstate
Compact (REPLICA) is hereby recognized and enacted into law and entered into by this state
with all states legally joining therein in the form substantially as follows:

EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE

INTERSTATE COMPACT (REPLICA)

SECTION 1. PURPOSE

In order to protect the public through verification of competency and ensure
accountability for patient care related activities all states license emergency medical services
(EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and
paramedics. This compact is intended to facilitate the day-to-day movement of EMS
personnel across state boundaries in the performance of their EMS duties as assigned by an
appropriate authority and authorize state EMS offices to afford immediate legal recognition
to EMS personnel licensed in a member state. This compact recognizes that states have a
vested interest in protecting the public's health and safety through their licensing and
regulation of EMS personnel and that such state regulation shared among the member states
will best protect public health and safety. This compact is designed to achieve the following
purposes and objectives:

(1) Increase public access to EMS personnel.

(2) Enhance the states' ability to protect the public's health and safety, especially
patient safety.

(3) Encourage the cooperation of member states in the areas of EMS personnel
licensure and regulation.

(4) Support licensing of military members who are separating from an active duty
tour, and their spouses.

(5) Facilitate the exchange of information between member states regarding EMS
personnel licensure, adverse action, and significant investigatory information.

(6) Promote compliance with the laws governing EMS personnel practice in each
member state.

(7) Invest all member states with the authority to hold EMS personnel accountable
through the mutual recognition of member state licenses.

SECTION 2. DEFINITIONS

In this compact:

A. "Advanced Emergency Medical Technician (AEMT)" means an individual
licensed with cognitive knowledge and a scope of practice that corresponds to that level in
the National EMS Education Standards and National EMS Scope of Practice Model.

B. "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which may be imposed against licensed EMS personnel by a state
EMS authority or state court, including but not limited to actions against an individual's
license such as revocation, suspension, probation, consent agreement, monitoring, or other
limitation or encumbrance on the individual's practice, letters of reprimand or admonition,
fines, criminal convictions, and state court judgments enforcing adverse actions by the state
EMS authority.

C. "Alternative program" means a voluntary, nondisciplinary substance abuse
recovery program approved by a state EMS authority.

D. "Certification" means the successful verification of entry-level cognitive and
psychomotor competency using a reliable, validated, and legally defensible examination.

E. "Commission" means the national administrative body of which all states that
have enacted the compact are members.

F. "Emergency Medical Technician (EMT)" means an individual licensed with
cognitive knowledge and a scope of practice that corresponds to that level in the National
EMS Education Standards and National EMS Scope of Practice Model.

G. "Home state" means a member state where an individual is licensed to practice
emergency medical services.

H. "License" means the authorization by a state for an individual to practice as an
EMT, AEMT, paramedic, or a level in between EMT and paramedic.

I. "Medical director" means a physician licensed in a member state who is
accountable for the care delivered by EMS personnel.

J. "Member state" means a state that has enacted this compact.

K. "Privilege to practice" means an individual's authority to deliver emergency
medical services in remote states as authorized under this compact.

L. "Paramedic" means an individual licensed with cognitive knowledge and a scope
of practice that corresponds to that level in the National EMS Education Standards and
National EMS Scope of Practice Model.

M. "Remote state" means a member state in which an individual is not licensed.

N. "Restricted" means the outcome of an adverse action that limits a license or the
privilege to practice.

O. "Rule" means a written statement by the interstate commission promulgated
pursuant to Section (12) of this compact that is of general applicability; implements,
interprets, or prescribes a policy or provision of the compact; or is an organizational,
procedural, or practice requirement of the commission and has the force and effect of
statutory law in a member state and includes the amendment, repeal, or suspension of an
existing rule.

P. "Scope of practice" means defined parameters of various duties or services that
may be provided by an individual with specific credentials. Whether regulated by rule,
statute, or court decision, it tends to represent the limits of services an individual may
perform.

Q. "Significant investigatory information" means:

(1) Investigative information that a state EMS authority, after a preliminary inquiry
that includes notification and an opportunity to respond if required by state law, has reason
to believe, if proved true, would result in the imposition of an adverse action on a license or
privilege to practice; or

(2) Investigative information that indicates that the individual represents an
immediate threat to public health and safety regardless of whether the individual has been
notified and had an opportunity to respond.

R. "State" means any state, commonwealth, district, or territory of the United States.

S. "State EMS authority" means the board, office, or other agency with the legislative
mandate to license EMS personnel.

SECTION 3. HOME STATE LICENSURE

A. Any member state in which an individual holds a current license shall be deemed
a home state for purposes of this compact.

B. Any member state may require an individual to obtain and retain a license to be
authorized to practice in the member state under circumstances not authorized by the
privilege to practice under the terms of this compact.

C. A home state's license authorizes an individual to practice in a remote state under
the privilege to practice only if the home state:

(1) Currently requires the use of the National Registry of Emergency Medical
Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and
paramedic levels.

(2) Has a mechanism in place for receiving and investigating complaints about
individuals.

(3) Notifies the commission, in compliance with the terms herein, of any adverse
action or significant investigatory information regarding an individual.

(4) No later than five years after activation of the compact, requires a criminal
background check of all applicants for initial licensure, including the use of the results of
fingerprint or other biometric data checks compliant with the requirements of the Federal
Bureau of Investigation with the except on of federal employees who have suitability
determination in accordance with 5 CFR 731.202 and submit documentation of such as
promulgated in the rules of the commission.

(5) Complies with the rules of the commission.

SECTION 4. COMPACT PRIVILEGE TO PRACTICE

A. Member states shall recognize the privilege to practice of an individual licensed
in another member state that is in conformance with Section (3).

B. To exercise the privilege to practice under the terms and provisions of this
compact, an individual must:

(1) Be at least eighteen years of age.

(2) Possess a current unrestricted license in a member state as an EMT, AEMT,
paramedic, or state recognized and licensed level with a scope of practice and authority
between EMT and paramedic.

(3) Practice under the supervision of a medical director.

C. An individual providing patient care in a remote state under the privilege to
practice shall function within the scope of practice authorized by the home state unless and
until modified by an appropriate authority in the remote state as may be defined in the rules
of the commission.

D. Except as provided in Section (4), Subsection (C), an individual practicing in a
remote state will be subject to the remote state's authority and laws. A remote state may, in
accordance with due process and that state's laws, restrict, suspend, or revoke an individual's
privilege to practice in the remote state and may take any other necessary actions to protect
the health and safety of its citizens. If a remote state takes action it shall promptly notify the
home state and the commission.

E. If an individual's license in any home state is restricted or suspended, the
individual shall not be eligible to practice in a remote state under the privilege to practice
until the individual's home state license is restored.

F. If an individual's privilege to practice in any remote state is restricted, suspended,
or revoked the individual shall not be eligible to practice in any remote state until the
individual's privilege to practice is restored.

SECTION 5. CONDITIONS OF PRACTICE

IN A REMOTE STATE

An individual may practice in a remote state under a privilege to practice only in the
performance of the individual's EMS duties as assigned by an appropriate authority, as
defined in the rules of the commission, and under the following circumstances:

(1) The individual originates a patient transport in a home state and transports the
patient to a remote state.

(2) The individual originates in the home state and enters a remote state to pick up
a patient and provide care and transport of the patient to the home state.

(3) The individual enters a remote state to provide patient care and/or transport within
that remote state.

(4) The individual enters a remote state to pick up a patient and provide care and
transport to a third member state.

(5) Other conditions as determined by rules promulgated by the commission.

SECTION 6. RELATIONSHIP TO EMERGENCY

MANAGEMENT ASSISTANCE COMPACT

Upon a member state's governor's declaration of a state of emergency or disaster that
activates the Emergency Management Assistance Compact (EMAC), all relevant terms and
provisions of EMAC shall apply and to the extent any terms or provisions of this compact
conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual
practicing in the remote state in response to such declaration.

SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING

FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSES

A. Member states shall consider a veteran, active military service member, and
member of the National Guard and Reserves separating from an active duty tour, and a
spouse thereof, who holds a current valid and unrestricted NREMT certification at or above
the level of the state license being sought as satisfying the minimum training and
examination requirements for such licensure.

B. Member states shall expedite the processing of licensure applications submitted
by veterans, active military service members, and members of the National Guard and
Reserves separating from an active duty tour, and their spouses.

C. All individuals functioning with a privilege to practice under this Section remain
subject to the Adverse Actions provisions of Section (8).

SECTION 8. ADVERSE ACTIONS

A. A home state shall have exclusive power to impose adverse action against an
individual's license issued by the home state.

B. If an individual's license in any home state is restricted or suspended, the
individual shall not be eligible to practice in a remote state under the privilege to practice
until the individual's home state license is restored.

(1) All home state adverse action orders shall include a statement that the individual's
compact privileges are inactive. The order may allow the individual to practice in remote
states with prior written authorization from both the home state and remote state's EMS
authority.

(2) An individual currently subject to adverse action in the home state shall not
practice in any remote state without prior written authorization from both the home state and
remote state's EMS authority.

C. A member state shall report adverse actions and any occurrences that the
individual's compact privileges are restricted, suspended, or revoked to the commission in
accordance with the rules of the commission.

D. A remote state may take adverse action on an individual's privilege to practice
within that state.

E. Any member state may take adverse action against an individual's privilege to
practice in that state based on the factual findings of another member state, so long as each
state follows its own procedures for imposing such adverse action.

F. A home state's EMS authority shall investigate and take appropriate action with
respect to reported conduct in a remote state as it would if such conduct had occurred within
the home state. In such cases, the home state's law shall control in determining the
appropriate adverse action.

G. Nothing in this compact shall override a member state's decision that participation
in an alternative program may be used in lieu of adverse action and that such participation
shall remain nonpublic if required by the member state's laws. Member states must require
individuals who enter any alternative programs to agree not to practice in any other member
state during the term of the alternative program without prior authorization from such other
member state.

SECTION 9. ADDITIONAL POWERS INVESTED IN A

MEMBER STATE'S EMS AUTHORITY

A member state's EMS authority, in addition to any other powers granted under state
law, is authorized under this compact to:

(1) Issue subpoenas for both hearings and investigations that require the attendance
and testimony of witnesses and the production of evidence. Subpoenas issued by a member
state's EMS authority for the attendance and testimony of witnesses, and/or the production
of evidence from another member state, shall be enforced in the remote state by any court of
competent jurisdiction, according to that court's practice and procedure in considering
subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any
witness fees, travel expenses, mileage, and other fees required by the service statutes of the
state where the witnesses and/or evidence are located.

(2) Issue cease and desist orders to restrict, suspend, or revoke an individual's
privilege to practice in the state.

SECTION 10. ESTABLISHMENT OF THE INTERSTATE

COMMISSION FOR EMS PERSONNEL PRACTICE

A. The compact states hereby create and establish a joint public agency known as the
Interstate Commission for EMS Personnel Practice.

(1) The commission is a body politic and an instrumentality of the compact states.

(2) Venue is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

B. Membership, voting, and meetings

(1) Each member state shall have and be limited to one delegate. The responsible
official of the state EMS authority or his designee shall be the delegate to this compact for
each member state. Any delegate may be removed or suspended from office as provided by
the law of the state from which the delegate is appointed. Any vacancy occurring in the
commission shall be filled in accordance with the laws of the member state in which the
vacancy exists. In the event that more than one board, office, or other agency with the
legislative mandate to license EMS personnel at and above the level of EMT exists, the
governor of the state will determine which entity will be responsible for assigning the
delegate.

(2) Each delegate shall be entitled to one vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the commission. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may provide for delegates' participation in
meetings by telephone or other means of communication.

(3) The commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.

(4) All meetings shall be open to the public, and public notice of meetings shall be
given in the same manner as required under the rulemaking provisions in Section (12).

(5) The commission may convene in a closed, nonpublic meeting if the commission
must discuss:

(a) Noncompliance of a member state with its obligations under the compact.

(b) The employment, compensation, discipline, or other personnel matters, practices
or procedures related to specific employees or other matters related to the commission's
internal personnel practices and procedures.

(c) Current, threatened, or reasonably anticipated litigation.

(d) Negotiation of contracts for the purchase or sale of goods, services, or real estate.

(e) Accusing any person of a crime or formally censuring any person.

(f) Disclosure of trade secrets or commercial or financial information that is
privileged or confidential.

(g) Disclosure of information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy.

(h) Disclosure of investigatory records compiled for law enforcement purposes.

(i) Disclosure of information related to any investigatory reports prepared by or on
behalf of or for use of the commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the compact.

(j) Matters specifically exempted from disclosure by federal or member state statute.

(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision. The commission shall keep minutes that fully
and clearly describe all matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefor, including a description of the views
expressed. All documents considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the commission or order of a court of competent jurisdiction.

C. The commission shall, by a majority vote of the delegates, prescribe bylaws
and/or rules to govern its conduct as may be necessary or appropriate to carry out the
purposes and exercise the powers of the compact, including but not limited to:

(1) Establishing the fiscal year of the commission.

(2) Providing reasonable standards and procedures:

(a) For the establishment and meetings of other committees.

(b) Governing any general or specific delegation of any authority or function of the
commission.

(3) Providing reasonable procedures for calling and conducting meetings of the
commission, ensuring reasonable advance notice of all meetings, and providing an
opportunity for attendance of such meetings by interested parties, with enumerated
exceptions designed to protect the public's interest, the privacy of individuals, and proprietary
information, including trade secrets. The commission may meet in closed session only after
a majority of the membership votes to close a meeting in whole or in part. As soon as
practicable, the commission must make public a copy of the vote to close the meeting
revealing the vote of each member with no proxy votes allowed.

(4) Establishing the titles, duties and authority, and reasonable procedures for the
election of the officers of the commission.

(5) Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the commission. Notwithstanding any civil service or
other similar laws of any member state, the bylaws shall exclusively govern the personnel
policies and programs of the commission.

(6) Promulgating a code of ethics to address permissible and prohibited activities of
commission members and employees.

(7) Providing a mechanism for winding up the operations of the commission and the
equitable disposition of any surplus funds that may exist after the termination of the compact
after the payment and/or reserving of all of its debts and obligations.

(8) The commission shall publish its bylaws and file a copy thereof, and a copy of any
amendment thereto, with the appropriate agency or officer in each of the member states, if
any.

(9) The commission shall maintain its financial records in accordance with the
bylaws.

(10) The commission shall meet and take such actions as are consistent with the
provisions of this compact and the bylaws.

D. The commission shall have the following powers:

(1) The authority to promulgate uniform rules to facilitate and coordinate
implementation and administration of this compact. The rules shall have the force and effect
of law and shall be binding in all member states.

(2) To bring and prosecute legal proceedings or actions in the name of the
commission, provided that the standing of any state EMS authority or other regulatory body
responsible for EMS personnel licensure to sue or be sued under applicable law shall not be
affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept, or contract for services of personnel, including but not limited
to employees of a member state.

(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the compact, and to
establish the commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters.

(6) To accept any and all appropriate donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same; provided
that at all times the commission shall strive to avoid any appearance of impropriety and/or
conflict of interest.

(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve or use, any property, real, personal or mixed, provided that at all times the
commission shall strive to avoid any appearance of impropriety.

(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property real, personal, or mixed.

(9) To establish a budget and make expenditures.

(10) To borrow money.

(11) To appoint committees, including advisory committees comprised of members,
state regulators, state legislators or their representatives, and consumer representatives, and
such other interested persons as may be designated in this compact and the bylaws.

(12) To provide and receive information from, and to cooperate with, law
enforcement agencies.

(13) To adopt and use an official seal.

(14) To perform such other functions as may be necessary or appropriate to achieve
the purposes of this compact consistent with the state regulation of EMS personnel licensure
and practice.

E. Financing of the commission

(1) The commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.

(2) The commission may accept any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.

(3) The commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and activities of the
commission and its staff, which must be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the commission, which shall promulgate a rule binding upon all member
states.

(4) The commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of the member
states, except by and with the authority of the member state.

(5) The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all receipts and disbursements
of funds handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.

F. Qualified immunity, defense, and indemnification

(1) The members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error or omission that occurred,
or that the person against whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties or responsibilities; provided
that nothing in this Paragraph shall be construed to protect any such person from suit and/or
liability for any damage, loss, injury, or liability caused by the gross negligence or intentional
or willful or wanton misconduct of that person.

(2) The commission shall defend any member, officer, executive director, employee,
or representative of the commission in any civil action seeking to impose liability arising out
of any actual or alleged act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of commission employment,
duties, or responsibilities; provided that nothing herein shall be construed to prohibit that
person from retaining his or her own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's gross negligence or intentional or
willful or wanton misconduct.

(3) The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount of any
settlement or judgment obtained against that person arising out of any actual or alleged act,
error, or omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from the gross negligence or intentional or
willful or wanton misconduct of that person.

SECTION 11. COORDINATED DATABASE

A. The commission shall provide for the development and maintenance of a
coordinated database and reporting system containing licensure, adverse action, and
significant investigatory information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the contrary, a member state
shall submit a uniform data set to the coordinated database on all individuals to whom this
compact is applicable as required by the rules of the commission, including:

(1) Identifying information.

(2) Licensure data.

(3) Significant investigatory information.

(4) Adverse actions against an individual's license.

(5) An indicator that an individual's privilege to practice is restricted, suspended, or
revoked.

(6) Nonconfidential information related to alternative program participation.

(7) Any denial of application for licensure, and the reason(s) for such denial.

(8) Other information that may facilitate the administration of this compact, as
determined by the rules of the commission.

C. The coordinated database administrator shall promptly notify all member states
of any adverse action taken against, or significant investigative information on, any
individual in a member state.

D. Member states contributing information to the coordinated database may
designate information that may not be shared with the public without the express permission
of the contributing state.

E. Any information submitted to the coordinated database that is subsequently
required to be expunged by the laws of the member state contributing the information shall
be removed from the coordinated database.

SECTION 12. RULEMAKING

A. The commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this Section and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.

B. If a majority of the legislatures of the member states rejects a rule, by enactment
of a statute or resolution in the same manner used to adopt the compact, then such rule shall
have no further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a regular or special meeting
of the commission.

D. Prior to promulgation and adoption of a final rule or rules by the commission, and
at least sixty days in advance of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rulemaking:

(1) On the website of the commission.

(2) On the website of each member state EMS authority or the publication in which
each state would otherwise publish proposed rules.

E. The notice of proposed rulemaking shall include:

(1) The proposed time, date, and location of the meeting in which the rule will be
considered and voted upon.

(2) The text of the proposed rule or amendment and the reason for the proposed rule.

(3) A request for comments on the proposed rule from any interested person.

(4) The manner in which interested persons may submit notice to the commission of
their intention to attend the public hearing and any written comments.

F. Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.

G. The commission shall grant an opportunity for a public hearing before it adopts
a rule or amendment if a hearing is requested by:

(1) At least twenty-five persons.

(2) A governmental subdivision or agency.

(3) An association having at least twenty-five members.

H. If a hearing is held on the proposed rule or amendment, the commission shall
publish the place, time, and date of the scheduled public hearing.

(1) All persons wishing to be heard at the hearing shall notify the executive director
of the commission or other designated member in writing of their desire to appear and testify
at the hearing not less than five business days before the scheduled date of the hearing.

(2) Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.

(3) No transcript of the hearing is required, unless a written request for a transcript
is made, in which case the person requesting the transcript shall bear the cost of producing
the transcript. A recording may be made in lieu of a transcript under the same terms and
conditions as a transcript. This Subsection shall not preclude the commission from making
a transcript or recording of the hearing if it so chooses.

(4) Nothing in this Section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings required by
this Section.

I. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and oral
comments received.

J. The commission shall, by majority vote of all members, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.

K. If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without a
public hearing.

L. Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in the compact and in this Section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
days after the effective date of the rule. For the purposes of this provision, an emergency rule
is one that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of commission or member state funds.

(3) Meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule.

(4) Protect public health and safety.

M. The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule or amendment for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
revisions shall be posted on the website of the commission. The revision shall be subject to
challenge by any person for a period of thirty days after posting. The revision may be
challenged only on grounds that the revision results in a material change to a rule. A
challenge shall be made in writing, and delivered to the chair of the commission prior to the
end of the notice period. If no challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take effect without the approval
of the commission.

SECTION 13. OVERSIGHT, DISPUTE RESOLUTION,

AND ENFORCEMENT

A. Oversight

(1) The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions of this compact and the rules
promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of this
compact which may affect the powers, responsibilities, or actions of the commission.

(3) The commission shall be entitled to receive service of process in any such
proceeding, and shall have standing to intervene in such a proceeding for all purposes.
Failure to provide service of process to the commission shall render a judgment or order void
as to the commission, this compact, or promulgated rules.

B. Default, technical assistance, and termination

(1) If the commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact or the promulgated
rules, the commission shall:

(a) Provide written notice to the defaulting state and other member states of the nature
of the default, the proposed means of curing the default, and/or any other action to be taken
by the commission.

(b) Provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state may be terminated
from the compact upon an affirmative vote of a majority of the member states, and all rights,
privileges, and benefits conferred by this compact may be terminated on the effective date
of termination. A cure of the default does not relieve the offending state of obligations or
liabilities incurred during the period of default.

(3) Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the governor, the majority and minority leaders of the
defaulting state's legislature, and each of the member states.

(4) A state that has been terminated is responsible for all assessments, obligations,
and liabilities incurred through the effective date of termination, including obligations that
extend beyond the effective date of termination.

(5) The commission shall not bear any costs related to a state that is found to be in
default or that has been terminated from the compact, unless agreed upon in writing between
the commission and the defaulting state.

(6) The defaulting state may appeal the action of the commission by petitioning the
United States District Court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing member shall be awarded all costs of
such litigation, including reasonable attorney fees.

C. Dispute resolution

(1) Upon request by a member state, the commission shall attempt to resolve disputes
related to the compact that arise among member states and between member and nonmember
states.

(2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.

D. Enforcement

(1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.

(2) By majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of such litigation, including reasonable
attorney fees.

(3) The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.

SECTION 14. DATE OF IMPLEMENTATION OF THE

INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE

AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

A. The compact shall come into effect on the date on which the compact statute is
enacted into law in the tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of the compact.

B. Any state that joins the compact subsequent to the commission's initial adoption
of the rules shall be subject to the rules as they exist on the date on which the compact
becomes law in that state. Any rule that has been previously adopted by the commission
shall have the full force and effect of law on the day the compact becomes law in that state.

C. Any member state may withdraw from this compact by enacting a statute
repealing the same.

(1) A member state's withdrawal shall not take effect until six months after enactment
of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's
EMS authority to comply with the investigative and adverse action reporting requirements
of this Act prior to the effective date of withdrawal.

D. Nothing contained in this compact shall be construed to invalidate or prevent any
EMS personnel licensure agreement or other cooperative arrangement between a member
state and a nonmember state that does not conflict with the provisions of this compact.

E. This compact may be amended by the member states. No amendment to this
compact shall become effective and binding upon any member state until it is enacted into
the laws of all member states.

SECTION 15. CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. If
this compact shall be held contrary to the constitution of any member state thereto, the
compact shall remain in full force and effect as to the remaining member states. Nothing in
this compact supersedes state law or rules related to licensure of EMS agencies.

*Acts 2020, 2nd Ex. Sess., No. 31, §1, eff. July 1, 2021.*

##### **§ 40:1142** Redesignated to R.S. 40:1281.2 by HCR 84 of 2015 R.S. {#sec-40-1142 omnilex-key=us-la-statutes--rs-title-40--40:1142}

*Redesignated to R.S. 40:1281.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1143** Redesignated to R.S. 40:1281.3 by HCR 84 of 2015 R.S. {#sec-40-1143 omnilex-key=us-la-statutes--rs-title-40--40:1143}

*Redesignated to R.S. 40:1281.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1144** Redesignated to R.S. 40:1281.4 by HCR 84 of 2015 R.S. {#sec-40-1144 omnilex-key=us-la-statutes--rs-title-40--40:1144}

*Redesignated to R.S. 40:1281.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1145** Redesignated to R.S. 40:1281.5 by HCR 84 of 2015 R.S. {#sec-40-1145 omnilex-key=us-la-statutes--rs-title-40--40:1145}

*Redesignated to R.S. 40:1281.5 by HCR 84 of 2015 R.S.*

#### **PART VII** MISCELLANEOUS PROVISIONS

##### **§ 40:1146** Allowance to stock emergency medication; definitions {#sec-40-1146 omnilex-key=us-la-statutes--rs-title-40--40:1146}

A. For the purposes of this Section, the following definitions apply:

(1)(a) "Life-saving medications" means any medication recognized by the Louisiana
Department of Health as a medication that can be administered to treat a life-threatening
condition.

(b) Such medications may include but not be limited to the following:

(i) Epinephrine.

(ii) Naloxone.

(iii) Albuterol.

(iv) Glucagon.

(2) "Qualified entity" means any public or private entity that is associated with a
location where a medical emergency can occur, including licensed early learning centers,
colleges and universities, places of employment, restaurants, amusement parks, recreation
camps, after-school programs, sports playing fields and arenas, and other similar locations,
except that "qualified entity" does not include public or nonpublic elementary or secondary
schools.

(3) "Trained personnel" means an employee, agent, or volunteer of an entity who has
received training on the medications that include but are not limited to the following:

(a) Techniques on how to recognize signs of life-threatening emergency standards
and procedures for the storage and administration of life-saving medication.

(b) Emergency follow-up procedures including the requirement to summon
emergency services either immediately before or immediately after administering life-saving
medication.

B. Notwithstanding any other provision of law to the contrary, licensed healthcare
professionals authorized to prescribe such medication may prescribe life-saving medications
maintained in the name of a qualified entity for use in accordance with this Section.

C. Notwithstanding any other provision of law to the contrary, licensed pharmacists
and physicians may dispense life-saving medications in accordance with a prescription issued
pursuant to this Section.

D. Notwithstanding any other provision of law to the contrary, a qualified entity may
maintain a stock supply of life-saving medications in accordance with a prescription issued
pursuant to this Section.

E.(1) The qualified entity may authorize trained personnel to administer life-saving
medications to an individual on the qualified entity's premises or during a
qualified-entity-affiliated activity with whom the trained personnel as defined in this Section
believes in good faith is experiencing a medical emergency, in accordance with this Section.
There shall be a standing protocol for a licensed healthcare professional authorized to
dispense or prescribe the necessary medication, regardless of whether the individual has a
prescription for a life-saving medication.

(2) Training may be performed by a medical emergency training organization, a
registered nurse, or a licensed physician.

F. The qualified entity may enter into arrangements with manufacturers of life-saving
medications or third-party suppliers of life-saving medications to obtain life-saving
medications at fair-market, free, or reduced prices.

G. A person or entity shall not be liable for damages in a civil action for injury,
death, or loss to person or property that allegedly arises from an act or omission associated
with administration or self-administration of a life-saving medication, unless the act or
omission constitutes willful or wanton misconduct. The limitation of liability provided for
in this Subsection shall apply to the following:

(1) A qualified entity.

(2) A qualified entity's employee, agent, or volunteer.

(3) A licensed healthcare professional authorized to prescribe or dispense life-saving
medications.

(4) A training organization and its personnel.

H. The administration of life-saving medications pursuant to this Section is not the
practice of medicine or nursing.

I.(1) Notwithstanding any other provision of law to the contrary, the secretary of the
Louisiana Department of Health is authorized to issue a standing order for the prescription
of life-saving medications on a statewide basis under certain conditions that the secretary
shall determine to be in the best interest of the people in this state.

(2) If the secretary of the department is not a physician, the secretary may appoint
a designee who is a physician employed by the department to issue the standing order
provided for in this Subsection.

J. The Louisiana Department of Health shall promulgate rules in accordance with the
Administrative Procedure Act to implement the provisions of this Section. The rules shall
include the list of life-saving medications that can be prescribed, dispensed, and maintained
pursuant to the provisions of this Section.

*Acts 2024, No. 657, §1.*

##### **§ 40:1147** Redesignated to R.S. 40:1281.7 by HCR 84 of 2015 R.S. {#sec-40-1147 omnilex-key=us-la-statutes--rs-title-40--40:1147}

*Redesignated to R.S. 40:1281.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1148** Redesignated to R.S. 40:1281.8 by HCR 84 of 2015 R.S. {#sec-40-1148 omnilex-key=us-la-statutes--rs-title-40--40:1148}

*Redesignated to R.S. 40:1281.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1149** Redesignated to R.S. 40:1281.9 by HCR 84 of 2015 R.S. {#sec-40-1149 omnilex-key=us-la-statutes--rs-title-40--40:1149}

*Redesignated to R.S. 40:1281.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1150** Redesignated to R.S. 40:1281.10 by HCR 84 of 2015 R.S. {#sec-40-1150 omnilex-key=us-la-statutes--rs-title-40--40:1150}

*Redesignated to R.S. 40:1281.10 by HCR 84 of 2015 R.S.*

### **CHAPTER 5-D** HEALTH PROVISIONS: HEALTH CARE

#### **SUBCHAPTER A** HEALTHCARE CONSUMERS

#### **PART I** ADVANCE DIRECTIVES AND LIFE- SUSTAINING PROCEDURES

#### **SUBPART A** DECLARATIONS CONCERNING LIFE- SUSTAINING PROCEDURES

##### **§ 40:1151** Legislative purpose, findings and intent {#sec-40-1151 omnilex-key=us-la-statutes--rs-title-40--40:1151}

A. Purpose and findings. (1) The legislature finds that all persons have the
fundamental right to control the decisions relating to their own medical care, including the
decision to have life-sustaining procedures withheld or withdrawn in instances where such
persons are diagnosed as having a terminal and irreversible condition.

(2) The legislature further finds that the artificial prolongation of life for a person
diagnosed as having a terminal and irreversible condition may cause loss of individual and
personal dignity and secure only a precarious and burdensome existence while providing
nothing medically necessary or beneficial to the person.

(3) In order that the rights of such persons may be respected even after they are no
longer able to participate actively in decisions concerning themselves, the legislature hereby
declares that the laws of the state of Louisiana shall recognize:

(a) The right of such a person to make a declaration instructing his physician to
withhold or withdraw life-sustaining procedures or designating another to make the treatment
decision and make such a declaration for him, in the event he is diagnosed as having a
terminal and irreversible condition; and

(b) The right of certain individuals to make a declaration pursuant to which life-sustaining procedures may be withheld or withdrawn from an adult patient who is comatose,
incompetent, or otherwise physically or mentally incapable of communication, or from a
minor, in the event such adult patient or minor is diagnosed and certified as having a terminal
and irreversible condition.

(4) In furtherance of the rights of such persons, the legislature finds and declares that
nothing in this Subpart shall be construed to be the exclusive means by which life-sustaining
procedures may be withheld or withdrawn, nor shall this Subpart be construed to require the
application of medically inappropriate treatment or life-sustaining procedures to any patient
or to interfere with medical judgment with respect to the application of medical treatment or
life-sustaining procedures.

B. Intent. (1) The legislature intends that the provisions of this Subpart are
permissive and voluntary. The legislature further intends that the making of a declaration
pursuant to this Subpart merely illustrates a means of documenting a patient's decision
relative to withholding or withdrawal of medical treatment or life-sustaining procedures.

(2) It is the intent of the legislature that nothing in this Subpart shall be construed to
require the making of a declaration pursuant to this Subpart .

(3) It is the intent of the legislature that nothing in this Subpart shall be construed to
be the exclusive means by which life-sustaining procedures may be withheld or withdrawn,
nor shall this Subpart be construed to require the application of medically inappropriate
treatment or life-sustaining procedures to any patient or to interfere with medical judgment
with respect to the application of medical treatment or life-sustaining procedures.

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Redesignated from
R.S. 40:1299.58.1 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1151 redesignated to R.S. 40:1281.11 by HCR 84 of 2015
R.S.

##### **§ 40:1151.1** Definitions {#sec-40-1151.1 omnilex-key=us-la-statutes--rs-title-40--40:1151.1}

As used in this Subpart, the following words shall have the meanings ascribed to
them unless the context clearly states otherwise:

(1) "Attending physician" means the physician who has primary responsibility for
the treatment and care of the patient.

(2) "Cardiopulmonary resuscitation" means those measures used to restore or support
cardiac or respiratory function in the event of a cardiac or respiratory arrest.

(3) "Declarant" means a person who has executed a declaration as defined herein.

(4) "Declaration" means a witnessed document, statement, or expression voluntarily
made by the declarant, authorizing the withholding or withdrawal of life-sustaining
procedures, in accordance with the requirements of this Subpart. A declaration may be made
in writing, orally, or by other means of nonverbal communication.

(5) "Do-not-resuscitate identification bracelet" means a standardized bracelet as
described in R.S. 40:1151.2(D)(1)(b).

(6) "Health care provider" means any health maintenance organization, home health
agency, hospice, hospital, nursing facility, or any entity listed in R.S. 40:1231.1(A)(10).

(7) "Licensed emergency medical services practitioner" means a licensed emergency
medical services practitioner as defined in R.S. 40:1131.

(8) "Life-sustaining procedure" means any medical procedure or intervention which,
within reasonable medical judgment, would serve only to prolong the dying process for a
person diagnosed as having a terminal and irreversible condition, including such procedures
as the invasive administration of nutrition and hydration and the administration of
cardiopulmonary resuscitation. A "life-sustaining procedure" shall not include any measure
deemed necessary to provide comfort care.

(9) "Minor" means a person under eighteen years of age.

(10) "Physician" means a physician or surgeon licensed by the Louisiana State Board
of Medical Examiners or by the official licensing authority of another state.

(11) "Qualified patient" means a patient diagnosed and certified in writing as having
a terminal and irreversible condition by two physicians who have personally examined the
patient, one of whom shall be the attending physician.

(12) "Registry" means a registry for declarations established and maintained by the
secretary of state pursuant to this Subpart.

(13) "Spouse" means a person who is legally married to the qualified patient but does
not include a spouse who is judicially separated from the patient, is cohabited with another
person in the manner of married persons, or who has been convicted of any crime of violence
as defined in R.S. 14:2(B) against the other spouse, that has resulted in the terminal and
irreversible condition as defined in Paragraph (15) of this Section, or who has violated any
domestic abuse protective order affecting the other spouse.

(14) "Terminal and irreversible condition" means a continual profound comatose
state with no reasonable chance of recovery or a condition caused by injury, disease, or
illness which, within reasonable medical judgment, would produce death and for which the
application of life-sustaining procedures would serve only to postpone the moment of death.

(15) "Witness" means a competent adult who is not related to the declarant or
qualified patient, whichever is applicable, by blood or marriage and who would not be
entitled to any portion of the estate of the person from whom life-sustaining procedures are
to be withheld or withdrawn upon his decease.

*Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1990, No. 522, §1; Acts 1990, No. 749, §1; Acts 1991, No. 194, §1; Acts 1991, No. 320, §1; Acts 1991, No. 321, §1, eff. Jan. 1, 1992; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2005, No. 447, §1; Acts 2012, No. 789, §§2, 3, eff. June 13, 2012; Redesignated from R.S. 40:1299.58.2 by HCR 84 of 2015 R.S.; Acts 2025, No. 342, §1.*

##### **§ 40:1151.2** Making of declaration; notification; illustrative form; registry; issuance of do-not-resuscitate identification bracelets {#sec-40-1151.2 omnilex-key=us-la-statutes--rs-title-40--40:1151.2}

A.(1) Any adult person may, at any time, make a written declaration directing the
withholding or withdrawal of life-sustaining procedures in the event such person should have
a terminal and irreversible condition.

(2) A written declaration shall be signed by the declarant in the presence of two
witnesses.

(3) An oral or nonverbal declaration may be made by an adult in the presence of two
witnesses by any nonwritten means of communication at any time subsequent to the
diagnosis of a terminal and irreversible condition.

B.(1) It shall be the responsibility of the declarant to notify his attending physician
that a declaration has been made.

(2) In the event the declarant is comatose, incompetent, or otherwise mentally or
physically incapable of communication, any other person may notify the physician of the
existence of the declaration. In addition, the attending physician or health care facility may
directly contact the registry to determine the existence of any such declaration.

(3) Any attending physician who is so notified, or who determines directly or is
advised by the health care facility that a declaration is registered, shall promptly make the
declaration or a copy of the declaration, if written, or a notation of the existence of a
registered declaration, a part of the declarant's medical record.

(4) If the declaration is oral or nonverbal, the physician shall promptly make a
recitation of the reasons the declarant could not make a written declaration and make the
recitation a part of the patient's medical records.

C.(1) The declaration may, but need not, be in the following illustrative form and
may include other specific directions including but not limited to a designation of another
person to make the treatment decision for the declarant should he be diagnosed as having a
terminal and irreversible condition and be comatose, incompetent, or otherwise mentally or
physically incapable of communications:

DECLARATION

Declaration made this _______________ day of __________ (month, year).

I, _______________________, being of sound mind, willfully and voluntarily make
known my desire that my dying shall not be artificially prolonged under the circumstances
set forth below and do hereby declare:

If at any time I should have an incurable injury, disease or illness, or be in a continual
profound comatose state with no reasonable chance of recovery, certified to be a terminal and
irreversible condition by two physicians who have personally examined me, one of whom
shall be my attending physician, and the physicians have determined that my death will occur
whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedure would serve only to prolong artificially the dying process, I direct
(initial one only):

___That all life-sustaining procedures, including nutrition and hydration, be withheld
or withdrawn so that food and water will not be administered invasively.

___That life-sustaining procedures, except nutrition and hydration, be withheld or
withdrawn so that food and water can be administered invasively.

I further direct that I be permitted to die naturally with only the administration of
medication or the performance of any medical procedure deemed necessary to provide me
with comfort care.

In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family
and physician(s) as the final expression of my legal right to refuse medical or surgical
treatment and accept the consequences from such refusal.

I understand the full import of this declaration and I am emotionally and mentally
competent to make this declaration.

Signed ____________________

City, Parish, and State of Residence ____________________

The declarant has been personally known to me and I believe him or her to be of
sound mind.

Witness ____________________

Witness ____________________

(2) Should any of the other specific directions be held to be invalid, such invalidity
shall not affect other directions of the declaration which can be given effect without the
invalid direction, and to this end the directions in the declaration are severable.

(3)(a) Any declaration executed prior to January 1, 1992, which does not contain
directions regarding life-sustaining procedures in the event that the declarant is in a continual
profound comatose state shall not be invalid for that reason. Such declaration shall be
applicable to any terminal and irreversible condition, as defined in this Subpart, unless it
clearly provides to the contrary.

(b) Any declaration executed prior to August 15, 2005, which does not contain an
option to specifically initial a choice regarding nutrition and hydration shall not be invalid
for that reason nor presumed to mean that the declarant desires the invasive administration
of nutrition or hydration.

D.(1)(a) The secretary of state shall establish a declaration registry in which a person,
or his attorney, if authorized by the person to do so, may register the original, multiple
original, or a certified copy of the declaration.

(b) The secretary of state shall issue a do-not-resuscitate identification bracelet to
qualified patients listed in the registry. The do-not-resuscitate identification bracelet must
include the patient's name, date of birth, and the phrase "DO NOT RESUSCITATE".

(2) Any attending physician or health care facility may, orally or in writing, request
the secretary of state to confirm immediately the existence of a declaration and to disclose
the contents thereof for any patient believed to be a resident of Louisiana. A copy of the
declaration or a facsimile thereof transmitted from the office of the secretary of state shall
be deemed authentic. However, nothing herein requires a physician or health care facility
to confirm the existence of such declaration or obtain a copy thereof prior to the withholding
or withdrawal of medical treatment or life-sustaining procedures.

(3) The secretary of state may charge a fee of twenty dollars for registering a
declaration and issuing a do-not-resuscitate identification bracelet and a fee of five dollars
for filing a notice of revocation. No charge shall be made for the furnishing of information
concerning the existence of a declaration, the disclosure of its contents, or the providing of
a copy or facsimile thereof.

*Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 194, §1; Acts 1991, No. 321, §1, eff. Jan. 1, 1992; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2005, No. 447, §1; Redesignated from R.S. 40:1299.58.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1151.3** Revocation of declaration {#sec-40-1151.3 omnilex-key=us-la-statutes--rs-title-40--40:1151.3}

A. A declaration may be revoked at any time by the declarant without regard to his
or her mental state or competency by any of the following methods:

(1) By being cancelled, defaced, obliterated, burned, torn, or otherwise destroyed by
the declarant or by some person in the presence of and at the direction of the declarant.

(2)(a) By a written revocation of the declarant expressing the intent to revoke, signed
and dated by the declarant.

(b) The attending physician shall record in the patient's medical record the time and
date when notification of the written revocation was received.

(3)(a) By an oral or nonverbal expression by the declarant of the intent to revoke the
declaration.

(b) Such revocation by any method enumerated in this Section shall become effective
upon communication to the attending physician.

(c) The attending physician shall record in the patient's medical records the time and
date when notification of the revocation was received.

B. A declaration registered with the secretary of state's office may be revoked by the
filing of a written notice of revocation in that office. The secretary of state shall indicate on
the declaration the date and time the notice of revocation was received in his office. Until
the notation has been indicated on the declaration, any physician or health care facility acting
in good faith may rely upon the validity of the declaration.

*Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 194, §1; Redesignated from R.S. 40:1299.58.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1151.4** Procedure for making a declaration for a qualified patient who has not previously made a declaration {#sec-40-1151.4 omnilex-key=us-la-statutes--rs-title-40--40:1151.4}

A.(1) Nothing in this Subpart shall be construed in any manner to prevent the
withholding or the withdrawal of life-sustaining procedures from a qualified patient with a
terminal and irreversible condition who is comatose, incompetent, or otherwise physically
or mentally incapable of communication and has not made a prior declaration in accordance
with this Subpart .

(2) When a comatose or incompetent person or a person who is physically or
mentally incapable of communication has been certified as a qualified patient and has not
previously made a declaration, any of the following individuals in the following order of
priority, if there is no individual in a prior class who is reasonably available, willing, and
competent to act, may make a declaration on the qualified patient's behalf:

(a) The judicially appointed tutor or curator of the patient if one has been appointed.
This Subparagraph shall not be construed to require such appointment in order that a
declaration can be made under this Section.

(b) Any person or persons previously designated by an adult patient by written
instrument signed by the patient in the presence of at least two witnesses, to have the
authority to make a declaration for the patient in the event of the patient's inability to do so.
If the instrument so authorizes more than one person, it may include the order in which the
persons designated shall have authority to make the declaration.

(c) The patient's spouse not judicially separated.

(d) An adult child of the patient.

(e) The parents of the patient.

(f) The patient's sibling.

(g) The patient's other ascendants or descendants.

(3) If there is more than one person within the above named class in Subparagraphs
(2)(d) through (2)(g) of this Subsection, then the declaration shall be made by a majority of
that class available for consultation upon good faith efforts to secure participation of all of
that class.

B. In any case where the declaration is made by a person specified in Subparagraphs
(A)(2)(b), (c), (d), (e), or (f), there shall be at least two witnesses present at the time the
declaration is made.

C. The absence of a declaration by an adult patient shall not give rise to any
presumption as to the intent to consent to or to refuse life-sustaining procedures.

*Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 323, §1; Acts 2012, No. 353, §1; Redesignated from R.S. 40:1299.58.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1151.5** Making a declaration for the benefit of a terminally ill minor {#sec-40-1151.5 omnilex-key=us-la-statutes--rs-title-40--40:1151.5}

A. If a minor has been certified as a qualified patient, the following individuals may
voluntarily make a declaration to document the decision relative to withholding or
withdrawal of medical treatment or life-sustaining procedures on a minor's behalf:

(1) The spouse if he has reached the age of majority; or

(2) If there is no spouse, or if the spouse is not available, or is a minor, or is
otherwise unable to act, then either the parent or guardian of the minor.

B. An individual named in Subsection A of this Section may not make a declaration:

(1) If he has actual notice of contrary indications by the minor who is terminally ill;
or

(2) If, as a parent or guardian, he has actual notice of opposition by either another
parent, or guardian, or a spouse who has attained the age of majority.

C. Nothing in this Section shall be construed to require the making of a declaration
for a terminally ill minor. The legislature intends that the provisions of this Subpart are
permissive and voluntary. The legislature further intends that the making of a declaration
pursuant to this Subpart merely illustrates a means of documenting the decision relative to
withholding or withdrawal of medical treatment or life-sustaining procedures on behalf of
a minor.

*Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Redesignated from R.S. 40:1299.58.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1151.6** Physician, health care provider, and licensed emergency medical services practitioner responsibility {#sec-40-1151.6 omnilex-key=us-la-statutes--rs-title-40--40:1151.6}

A. Any attending physician who has been notified of the existence of a declaration
made under this Subpart or at the request of the proper person as provided in R.S. 40:1151.4
or R.S. 40:1151.5 upon diagnosis of a terminal and irreversible condition of the patient, or
who on his own determines the existence of a declaration on file in the registry, shall take
necessary steps to provide for written certification of the patient's terminal and irreversible
condition, so that the patient may be deemed to be a qualified patient as defined in R.S.
40:1151.1.

B. Any attending physician who refuses to comply with the declaration of a qualified
patient or declaration otherwise made pursuant to this Subpart shall make a reasonable effort
to transfer the patient to another physician.

C. No provision of this Subpart imposes a duty upon the physician or health care
facility to make a search of the registry for the existence of a declaration.

D. If the policies of a health care provider preclude compliance with the declaration
of a qualified patient under this Subpart or preclude compliance with the provisions
pertaining to a representative acting on behalf of a qualified patient, then the provider shall
take all reasonable steps to transfer the patient to a provider with which the provisions of this
Subpart can be effectuated.

E. Licensed emergency medical services practitioners shall make a reasonable effort
to detect the presence of a do-not-resuscitate identification bracelet on the patient.

*Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 194, §1; Acts 1991, No. 320, §1; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.58.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1151.7** Immunity from liability {#sec-40-1151.7 omnilex-key=us-la-statutes--rs-title-40--40:1151.7}

A.(1) Any health care facility, 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 the withdrawal of
life-sustaining procedures from a qualified patient who has made a declaration or is wearing
a do-not-resuscitate identification bracelet in accordance with the provisions of this Subpart.

(2) Any person, health care facility, 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 qualified patient's declaration or do-not-resuscitate
identification bracelet, or as otherwise provided in this Subpart shall not be subject to
criminal prosecution or civil liability for such action.

B. In instances where a patient diagnosed as having a terminal and irreversible
condition or his representative utilized means other than those in accordance with the
provisions of this Subpart to document or manifest the patient's intention and desire that
medical treatment or life-sustaining procedures be withheld or withdrawn, any health care
facility, 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 when the health care facility, physician, or other person acting under the direction
of a physician has acted in good faith reliance on the patient's or his representative's
manifestations that medical treatment or life-sustaining procedures be withheld or withdrawn
and the continued utilization of life-sustaining procedures would, within reasonable medical
judgment, serve only to prolong the dying process.

C.(1) Inasmuch as the provisions of this Subpart are declared by the legislature to
provide an alternative nonexclusive means by which life-sustaining procedures may be
withheld or withdrawn, the provisions of this Section shall apply to any case in which life-sustaining procedures are withheld or withdrawn unless it is shown by a preponderance of
the evidence that the person authorizing or effectuating the withholding or withdrawal of life-sustaining procedures did not, in good faith, comply with the provisions of this Subpart or
did not act in good faith compliance with the intention of the terminal and irreversible patient
that medical treatment or life-sustaining procedures be withheld or withdrawn.

(2) A declaration made in accordance with this Subpart shall be presumed to have
been made voluntarily.

D.(1) A licensed emergency medical services practitioner shall not be subject to
criminal prosecution or civil liability for withholding life-sustaining procedures from a
qualified patient who is wearing a do-not-resuscitate identification bracelet.

(2) A licensed emergency medical services practitioner shall not be subject to
criminal prosecution or civil liability for administering life-sustaining procedures to a
qualified patient who is not wearing the do-not-resuscitate identification bracelet.

*Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.58.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1151.8** Penalties {#sec-40-1151.8 omnilex-key=us-la-statutes--rs-title-40--40:1151.8}

A. Any person who willfully conceals, cancels, defaces, obliterates, or damages the
declaration of another, including the removal of a do-not-resuscitate identification bracelet,
without such declarant's consent or who falsifies or forges a revocation or the declaration of
another shall be civilly liable.

B. Any person who falsifies or forges the declaration of another or willfully conceals
or withholds personal knowledge of a revocation of a declaration with the intent to cause the
withholding or withdrawal of life-sustaining procedures contrary to the wishes of the
declarant, and thereby because of such act directly causes life-sustaining procedures to be
withheld or withdrawn and death thereby to be hastened may be subject to prosecution under
Title 14 of the Louisiana Revised Statutes of 1950.

*Acts 1984, No. 382, §1; Acts 1999, No. 641, §1, eff. July 1, 1999; Redesignated from R.S. 40:1299.58.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1151.9** General application {#sec-40-1151.9 omnilex-key=us-la-statutes--rs-title-40--40:1151.9}

A. Nothing in this Subpart shall be construed to condone, authorize, or approve
assistance to suicide, 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 qualified
patient in accordance with the provisions of this Subpart shall not, for any purpose, constitute
a suicide.

(2) Nor shall the making of a declaration pursuant to this Subpart 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, qualified patient, notwithstanding
any term of the policy to the contrary.

(4) A person shall not be required to make a declaration 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.

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. A declaration properly executed in and under the laws of another state is deemed
to be validly executed for purposes of this Subpart.

E. 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 1984, No. 382, §1; Acts 1990, No. 749, §1; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2005, No. 447, §1; Acts 2012, No. 715, §1; Acts 2014, No. 850, §1, eff. June 23, 2014; Redesignated from R.S. 40:1299.58.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1152** Redesignated to R.S. 40:1281.21 by HCR 84 of 2015 R.S. {#sec-40-1152 omnilex-key=us-la-statutes--rs-title-40--40:1152}

*Redesignated to R.S. 40:1281.21 by HCR 84 of 2015 R.S.*

##### **§ 40:1153** Redesignated to R.S. 40:1281.22 by HCR 84 of 2015 R.S. {#sec-40-1153 omnilex-key=us-la-statutes--rs-title-40--40:1153}

*Redesignated to R.S. 40:1281.22 by HCR 84 of 2015 R.S.*

#### **SUBPART B** LOUISIANA MILITARY ADVANCE MEDICAL DIRECTIVE ACT

##### **§ 40:1153.1** Application; military personnel {#sec-40-1153.1 omnilex-key=us-la-statutes--rs-title-40--40:1153.1}

A. A military advance medical directive may be executed by:

(1) Military personnel.

(2) Other persons eligible for legal assistance under the provisions of 10 U.S.C. 1044
or regulations of the Department of Defense.

B. "Military personnel" means members of any of the branches of the armed forces
of the United States as defined by 10 U.S.C. 101(a)(4), the reserve components of the armed
forces of the United States as defined by 10 U.S.C. 10101, or the Louisiana National Guard.

*Acts 1997, No. 1057, §1; Acts 1999, No. 227, §3; Redesignated from R.S. 40:1299.60 by HCR 84 of 2015 R.S.*

##### **§ 40:1153.2** Illustrative form; military advance medical directives {#sec-40-1153.2 omnilex-key=us-la-statutes--rs-title-40--40:1153.2}

The following is an illustrative form of a military advance medical directive
suggested for use by military personnel or other eligible persons who reside in the state of
Louisiana:

LOUISIANA'S MILITARY ADVANCE MEDICAL DIRECTIVE

STATE OF LOUISIANA

PARISH OF ________________

This is a MILITARY ADVANCE MEDICAL DIRECTIVE prepared pursuant
to Title 10, United States Code, Section 1044(c). It was prepared by an attorney who
was authorized to provide legal assistance for an individual who was eligible to receive
legal assistance. Federal law exempts this advance medical directive from any
requirement of form, substance, formality, or recording that is provided for advance
medical directives under the laws of a State. Federal law specifies that this advance
medical directive shall be given the same legal effect as an advance medical directive
prepared and executed in accordance with the laws of the State concerned. (This
paragraph must be in bold type.)

Additionally, this form is specifically designed for use under Louisiana law. It is
suggested for use by any person authorized to receive legal assistance from the military
service in accordance with federal or state law, who by these presents represents and warrants
that he is so eligible. Any person to whom this form is presented may conclusively rely on
the authority purportedly granted hereunder.

BE IT KNOWN on this ___ day of ______, 19__, before me, an attorney authorized
to render legal assistance to persons eligible for legal assistance under the provisions of 10
U.S.C. 1044 or the regulations of the Department of Defense, personally came and appeared
_________________________, who declared that he is a member of the
________________________, a branch of the military designated in R.S. 40:1153.1, or is
otherwise included thereunder, and did execute and sign the following declaration:

I, being of sound mind, willfully and voluntarily make known my desire that my
dying shall not be artificially prolonged under the circumstances set forth below and do
hereby declare:

If at any time I should have an incurable injury, disease or illness, or be in a continual
profound comatose state with no reasonable chance of recovery, certified to be a terminal and
irreversible condition by two physicians who have personally examined me, one of whom
shall be my attending physician, and the physicians have determined that my death will occur
whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to prolong artificially the dying process, I direct that
such procedures, including hydration and sustenance, be withheld or withdrawn and that I
be permitted to die naturally with only the administration of medication or the performance
of any medical procedure deemed necessary to provide me with comfort care.

[[Optional:] In the absence of my ability to give further directions regarding the use
of such life-sustaining procedures, I authorize __________________, caretaker, to make
treatment decisions on my behalf and I have discussed my desires concerning terminal care
with this person and I trust his/her judgment on my behalf.]

Should my caretaker be an absent person or cease or otherwise fail to act or if a
caretaker has not been named in this declaration, it is my intention that this declaration be
honored by my family and physician(s) as the final expression of my legal right to refuse
medical or surgical treatment and accept the consequences from such refusal.

I understand the full import of this declaration and I am emotionally and mentally
competent to make this advance medical directive.

Signed: ____________________

City, Parish, and State of Residence ____________________

___________________________

(SIGNATURE OF ATTORNEY)

*Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.61 by HCR 84 of 2015 R.S.*

##### **§ 40:1153.3** Requirements for legally sufficient military advance medical directive {#sec-40-1153.3 omnilex-key=us-la-statutes--rs-title-40--40:1153.3}

A. In accordance with 10 U.S.C. 1044(c), a military advance medical directive is
exempt from any requirement of form, substance, formality, or recording that may be
required under the laws of Louisiana or any other state. Any such military advance medical
directive shall be given the same legal effect as a declaration concerning life-sustaining
procedures prepared and executed in accordance with the laws of the state of Louisiana.

B. For purposes of this Subpart, a military advance medical directive is any written
declaration that:

(1)(a) Sets forth directions regarding the provision, withdrawal, or withholding of
life-prolonging procedures, including hydration and sustenance, for the declarant whenever
the declarant has a terminal physical condition or is in a persistent vegetative state, or

(b) Authorizes another person to make health care decisions for the declarant, under
circumstances stated in the declaration, whenever the declarant is incapable of making
informed health care decisions.

(2) Contains a statement that sets forth the contents of the first undesignated
paragraph of the form provided in R.S. 40:1153.2.

(3) Is signed in accordance with 10 U.S.C. 1044(a) or other applicable state or
federal law.

*Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.62 by HCR 84 of 2015 R.S.*

##### **§ 40:1153.4** Additional form of military advance medical directive; application of this Part {#sec-40-1153.4 omnilex-key=us-la-statutes--rs-title-40--40:1153.4}

A. Nothing in this Subpart affects or limits the use of:

(1) Any other advance medical directive prepared and executed in accordance with
the provisions of 10 U.S.C. 1044(c), regardless of form, substance, formality, or recording.

(2) Any other form for a declaration concerning life-sustaining procedures authorized
by Subpart A of this Part.

B. This Subpart provides an illustrative form for making an advance medical
directive and, in the event of direct conflict with Subpart A of this Part, is governed by the
provisions contained herein. However, for purposes of interpretation, application, intent,
definitions, direction, voluntary registry, notification, immunity from liability, and penalties,
the provisions of Subpart A of this Part shall apply.

*Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.63 by HCR 84 of 2015 R.S.*

##### **§ 40:1153.5** Short title {#sec-40-1153.5 omnilex-key=us-la-statutes--rs-title-40--40:1153.5}

This Subpart may be cited as the "Louisiana Military Advance Medical Directive
Act".

*Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.64 by HCR 84 of 2015 R.S.*

##### **§ 40:1154** Redesignated to R.S. 40:1281.23 by HCR 84 of 2015 R.S. {#sec-40-1154 omnilex-key=us-la-statutes--rs-title-40--40:1154}

*Redesignated to R.S. 40:1281.23 by HCR 84 of 2015 R.S.*

##### **§ 40:1155** Redesignated to R.S. 40:1281.24 by HCR 84 of 2015 R.S. {#sec-40-1155 omnilex-key=us-la-statutes--rs-title-40--40:1155}

*Redesignated to R.S. 40:1281.24 by HCR 84 of 2015 R.S.*

#### **SUBPART C** LOUISIANA PHYSICIAN ORDER FOR SCOPE OF TREATMENT

##### **§ 40:1155.1** Legislative purpose, findings, and intent {#sec-40-1155.1 omnilex-key=us-la-statutes--rs-title-40--40:1155.1}

A. The legislature finds and declares all of the following:

(1) It is important for people to make health care decisions before a medical crisis
presents itself.

(2) Health care planning is a process, rather than a single decision, that helps
individuals to consider the kind of care they would want if they become seriously ill or
incapacitated, and encourages them to talk to their family members or legal representative
about such issues.

(3) The Louisiana Physician Order for Scope of Treatment "LaPOST" form
documents the wishes of a qualified patient in a physician order.

(4) The hallmarks of the LaPOST form are the following:

(a) Immediately actionable, signed physician orders on a standardized form.

(b) Orders that address a range of life-sustaining interventions as well as the patient's
preferred treatment for each intervention.

(c) A brightly colored, clearly identifiable form.

(d) A form that is recognized, adopted, and honored across treatment settings.

B.(1) The legislature intends that the provisions of this Subpart are permissive and
voluntary. The legislature further intends that the completion of the Louisiana Physician
Order for Scope of Treatment form merely illustrates a means of documenting a decision of
a patient relative to withholding or withdrawal of medical treatment or life-sustaining
procedures.

(2) It is the intent of the legislature that nothing in this Subpart shall be construed to
require the completion of a Louisiana Physician Order for Scope of Treatment form pursuant
to this Subpart.

(3) It is the intent of the legislature that nothing in this Subpart shall be construed to
be the exclusive means by which life-sustaining procedures may be withheld or withdrawn,
nor shall this Subpart be construed to require the application of medically inappropriate
treatment or life-sustaining procedures to any patient.

*Acts 2010, No. 954, §1; Redesignated from R.S. 40:1299.64.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1155.2** Definitions {#sec-40-1155.2 omnilex-key=us-la-statutes--rs-title-40--40:1155.2}

As used in this Subpart, the following terms shall have the meanings ascribed to them
unless the context clearly states otherwise:

(1) "Attending physician" means the physician who has primary responsibility for
the treatment and care of the patient.

(2) "Health care provider" means any home health agency, hospice, hospital, or
nursing facility.

(3) "LaPOST" means Louisiana Physician Order for Scope of Treatment as provided
in R.S. 40:1155.2.1.

(4) "Licensed emergency medical services practitioner" means a licensed emergency
medical services practitioner as defined in R.S. 40:1131.

(5) "Life-limiting and irreversible condition" means a continual profound comatose
state with no reasonable chance of recovery or a condition caused by injury, disease, or
illness which within reasonable medical judgment would usually produce death within six
months, for which the application of life-sustaining procedures would serve only to postpone
the moment of death and for which the life-sustaining procedures would be a burden and not
a benefit to the qualified patient, except as provided in the definition of "life-sustaining
procedure" herein.

(6) "Life-sustaining procedure" means any medical procedure or intervention which,
within reasonable medical judgment, would serve only to prolong the dying process of a
qualified patient, including such procedures as the invasive administration of nutrition and
hydration and the administration of cardiopulmonary resuscitation when the benefits of the
procedure do not outweigh the burdens thereof. A "life-sustaining procedure" shall not
include any measure deemed as comfort care. Notwithstanding any other provision of this
Subpart, the administration of nutrition and hydration, whether orally or by invasive means,
shall always occur except in the event another condition arises which is life-limiting and
irreversible and in which nutrition and hydration by any means becomes a greater burden
than benefit to the qualified patient.

(7) "Personal health care representative" means a person who has authority in
accordance with Louisiana law to act on behalf of an individual who is an adult or an
emancipated minor in making decisions related to health care because of incapacity.

(8) "Physician" means a physician or surgeon licensed by the Louisiana State Board
of Medical Examiners or by the official licensing authority of another state.

(9) "Qualified patient" means a patient diagnosed and certified in writing as having
a life-limiting and irreversible condition by the attending physician or personal physician of
the patient.

*Acts 2010, No. 954, §1; Acts 2012, No. 789, §§2,3, eff. June 13, 2012; Redesignated from R.S. 40:1299.64.2 by HCR 84 of 2015 R.S.; Acts 2016, No. 486, §§1, 2, eff. June 13, 2016.*

##### **§ 40:1155.2.1** LaPOST Form {#sec-40-1155.2.1 omnilex-key=us-la-statutes--rs-title-40--40:1155.2.1}

*Acts 2016, No. 486, §1, eff. June 13, 2016.*

##### **§ 40:1155.3** Louisiana Physician Order for Scope of Treatment {#sec-40-1155.3 omnilex-key=us-la-statutes--rs-title-40--40:1155.3}

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.*

##### **§ 40:1155.4** Physician, health care provider, and licensed emergency medical services practitioner responsibility {#sec-40-1155.4 omnilex-key=us-la-statutes--rs-title-40--40:1155.4}

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.*

##### **§ 40:1155.5** Immunity from liability {#sec-40-1155.5 omnilex-key=us-la-statutes--rs-title-40--40:1155.5}

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.*

##### **§ 40:1155.6** General application {#sec-40-1155.6 omnilex-key=us-la-statutes--rs-title-40--40:1155.6}

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.*

##### **§ 40:1156** Redesignated to R.S. 40:1281.25 by HCR 84 of 2015 R.S. {#sec-40-1156 omnilex-key=us-la-statutes--rs-title-40--40:1156}

*Redesignated to R.S. 40:1281.25 by HCR 84 of 2015 R.S.*

#### **SUBPART D** PRESCRIPTION NONOPIOID DIRECTIVE

##### **§ 40:1156.1** Voluntary nonopioid directive; form; immunity {#sec-40-1156.1 omnilex-key=us-la-statutes--rs-title-40--40:1156.1}

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.*

#### **PART II** CONSENT

#### **SUBPART A** UNIFORM CONSENT LAW

##### **§ 40:1157.1** Consent to medical treatment; methods of obtaining consent {#sec-40-1157.1 omnilex-key=us-la-statutes--rs-title-40--40:1157.1}

A. Notwithstanding any other law to the contrary, written consent to medical
treatment means the voluntary permission of a patient, through signature, marking, or
affirmative action through electronic means pursuant to R.S. 40:1163.1, to any medical or
surgical procedure or course of procedures which sets forth in general terms the nature and
purpose of the procedure or procedures, together with the known risks, if any, of death, brain
damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, of
disfiguring scars associated with such procedure or procedures; acknowledges that such
disclosure of information has been made and that all questions asked about the procedure or
procedures have been answered in a satisfactory manner; and is evidenced by a signature,
marking, or affirmative action through electronic means, by the patient for whom the
procedure is to be performed, or if the patient for any reason lacks legal capacity to consent,
by a person who has legal authority to consent on behalf of such patient in such
circumstances. Such consent shall be presumed to be valid and effective, in the absence of
proof that execution of the consent was induced by misrepresentation of material facts.

B. Except as provided in Subsection A of this Section, no evidence shall be
admissible to modify or limit the authorization for performance of the procedure or
procedures set forth in such consent.

C. Where consent to medical treatment from a patient, or from a person authorized
by law to consent to medical treatment for such patient, is secured other than in accordance
with Subsection A of this Section, the explanation to the patient or to the person consenting
for such patient shall include the matters set forth in Subsection A of this Section, and an
opportunity shall be afforded for asking questions concerning the procedures to be performed
which shall be answered in a satisfactory manner. Such consent shall be valid and effective
and is subject to proof according to the rules of evidence in ordinary cases.

D. In a suit against a physician or other health care provider involving a health care
liability or medical malpractice claim which is based on the failure of the physician or other
health care provider to disclose or adequately to disclose the risks and hazards involved in
the medical care or surgical procedure rendered by the physician or other health care
provider, the only theory on which recovery may be obtained is that of negligence in failing
to disclose the risks or hazards that could have influenced a reasonable person in making a
decision to give or withhold consent.

E. Consent to medical treatment may be evidenced according to the provisions of
Subsections A and C of this Section or, as an alternative, a physician or other health care
provider may choose to avail himself of the lists established by the Louisiana Medical
Disclosure Panel pursuant to the provisions of R.S. 40:1157.2 as another method by which
to evidence a patient's consent to medical treatment.

F. Notwithstanding the provisions of Subsection E of this Section, consent for dental
treatment rendered by dentists not performing oral and maxillofacial surgery in a hospital
setting shall be governed exclusively by the provisions of R.S. 40:1161.1.

*Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.39.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1157.2** Louisiana Medical Disclosure Panel; creation; membership; powers; duties {#sec-40-1157.2 omnilex-key=us-la-statutes--rs-title-40--40:1157.2}

A. As used in this Section, the following terms shall mean:

(1) "Department" means the Louisiana Department of Health.

(2) "Panel" means the Louisiana Medical Disclosure Panel.

B.(1) The Louisiana Medical Disclosure Panel is hereby created within the
department to determine which risks and hazards related to medical care and surgical
procedures must be disclosed by a physician or other health care provider to a patient or
person authorized to consent for a patient and to establish the general form and substance of
such disclosure.

(2) The panel shall be comprised of the following members who shall be appointed
by the governor and submitted to the Senate for confirmation:

(a) Two members licensed to practice dentistry. One member who specializes in oral
and maxillofacial surgery shall be selected from a list of nominees submitted to the governor
by the Louisiana Society of Oral and Maxillofacial Surgeons. The other member shall be
selected from a list of nominees submitted to the governor by the Louisiana Dental
Association.

(b) Four members licensed to practice law in this state, of whom three shall be
selected from a list of nominees submitted to the governor by the Louisiana Association for
Justice, and one shall be selected from a list of nominees submitted to the governor by the
Louisiana Association of Defense Counsel.

(c) Six members licensed to practice medicine in this state who shall be selected
from a list of nominees submitted to the governor by the Louisiana State Medical Society.
One of the six physicians shall be a hospital-employed physician.

(d) One member licensed to practice chiropractic in this state who shall be selected
from a list of nominees submitted to the governor by the Chiropractic Association of
Louisiana.

(e) One member licensed to practice podiatry in this state who shall be selected from
a list of nominees submitted to the governor by the Louisiana Podiatric Medical Association.

(f) One member licensed to practice optometry in this state who shall be selected
from a list of nominees submitted to the governor by the Optometry Association of
Louisiana.

(g) One member licensed as a nurse practitioner in this state who shall be selected
from a list of nominees submitted to the governor by the Louisiana Association of Nurse
Practitioners.

C. The initial members of the panel shall have the following terms:

(1) The dentist who specializes in oral and maxillofacial surgery, the chiropractic
physician, the podiatrist, the optometrist, the nurse practitioner, one attorney, and two
physicians shall each serve a term of two years, or until a successor is appointed and
qualified.

(2) Two attorneys, two physicians, and one dentist shall each serve a term of four
years, or until a successor is appointed and qualified.

(3) One attorney and two physicians shall each serve a term of six years, or until a
successor is appointed and qualified.

(4) Thereafter, at the expiration of the term of each member of the panel, the
governor shall appoint a successor and such successor shall serve for a term of six years, or
until his successor is appointed and qualified.

D. Any member of the panel who is absent for three consecutive meetings without
the consent of a majority of the panel at each such meeting may be removed by the governor
at the request of the panel present submitted in writing and signed by the chairman. Upon
the death, resignation, or removal of any member, the secretary of the department shall fill
the vacancy by selection, subject to confirmation by the Senate, for the unexpired portion of
the term.

E. Members of the panel shall not be entitled to per diem or any other compensation
for their service but shall be entitled to reimbursement of any necessary and reasonable
expense incurred in the performance of their duties on the panel, including travel expenses.

F. Meetings of the panel shall be held at the call of the chairman or on petition of at
least three members of the panel.

G. At the first meeting of the panel each year after its members assume their
positions, the panelists shall select one of the panel members to serve as chairman and one
of the panel members to serve as vice chairman, and each such officer shall serve for a term
of one year. The chairman shall preside at meetings of the panel, and in his absence, the vice
chairman shall preside.

H. The department shall provide administrative assistance to and serve as the staff
for the panel.

I. The governor shall appoint the initial members of the panel no later than October
1, 2012, and the panel shall convene its first meeting no later than November 1, 2012.

J.(1) To the extent feasible, the panel shall identify and make a thorough examination
of all medical treatments and surgical procedures in which physicians and other health care
providers may be involved in order to determine which of those treatments and procedures
do and do not require disclosure of the risks and hazards to the patient or person authorized
to consent for the patient. The panel, initially, shall examine all existing medical disclosure
lists and update and repromulgate those lists under the authority vested in this Section. The
dentist member of the panel shall participate only in the panel's deliberation, determination,
and preparation of lists of dental treatments and procedures that do and do not require
disclosure.

(2) The panel shall prepare separate lists of those medical treatments and surgical
procedures that do and do not require disclosure and for those treatments and procedures that
do require disclosure shall establish the degree of disclosure required and the form in which
the disclosure will be made.

(3) Lists prepared pursuant to the provisions of this Section together with written
explanations of the degree and form of disclosure shall be promulgated in accordance with
the provisions of the Administrative Procedure Act. The form of the disclosure and manner
in which such disclosure will be made shall be subject to legislative oversight by the House
and Senate health and welfare committees.

K. The lists compiled and published and rules promulgated relative to the form and
manner of disclosure according to the provisions of this Section and evidence of such
disclosures or failure to disclose by a physician or other health care provider as provided in
this Section shall be admissible in a health care liability suit or medical malpractice claim
involving medical care rendered or a surgical procedure performed.

L. At least annually, or at such other period as the panel may determine, the panel
shall identify and examine any new medical treatments and surgical procedures that have
been developed since its last determinations, shall assign them to the proper list, and shall
establish the degree of disclosure required and the form in which the disclosure shall be
made. The panel shall also review and examine such treatments and procedures for the
purpose of revising lists previously published. These determinations shall be published in
the same manner as described in Paragraph (J)(3) of this Section.

M. Before a patient or a person authorized to consent for a patient gives consent to
any medical or surgical procedure that appears on the panel's list requiring disclosure, the
physician or other health care provider shall disclose to the patient, or person authorized to
consent for the patient, the risks and hazards involved in that kind of care or procedure. A
physician or other health care provider may choose to utilize the lists prepared by the panel
and shall be considered to have complied with the requirements of this Subsection if
disclosure is made as provided in Subsection N of this Section.

N. Consent to medical care that appears on the panel's list requiring disclosure shall
be considered effective pursuant to the provisions of this Section, if it is given in writing,
signed by the patient or a person authorized to give the consent and by a competent witness,
and if the written consent specifically states, in such terms and language that a layman would
be expected to understand, the risks and hazards that are involved in the medical care or
surgical procedure in the form and to the degree required by the panel pursuant to the
provisions of this Section.

O.(1) All the following requirements shall apply in a suit against a physician or other
health care provider involving a health care liability or medical malpractice claim that is
based on the negligent failure of the physician or other health care provider to disclose or
adequately to disclose the risks and hazards involved in the medical care or surgical
procedure rendered by the physician or other health care provider:

(a) Both the disclosure made as provided in Subsection M of this Section and the
failure to disclose based on inclusion of any medical care or surgical procedure on the panel's
list for which disclosure is not required shall be admissible in evidence and shall create a
rebuttable presumption that the requirements of Subsections M and N of this Section have
been complied with, and this presumption shall be included in the charge to the jury.

(b) The failure to disclose the risks and hazards involved in any medical care or
surgical procedure required to be disclosed under Subsections M and N of this Section shall
be admissible in evidence and shall create a rebuttable presumption of a negligent failure to
conform to the duty of disclosure set forth in Subsections M and N of this Section, and this
presumption shall be included in the charge to the jury. However, failure to disclose may be
found not to be negligent, if there was an emergency as defined in R.S. 40:2113.6(C) or, if
for some other reason, it was not medically feasible to make a disclosure of the kind that
would otherwise have been negligence.

(2) If medical care is rendered or a surgical procedure performed with respect to
which the panel has not made a determination regarding a duty of disclosure, the physician
or other health care provider is under the general duty to disclose otherwise imposed by R.S.
40:1157.1.

P. In order to be covered by the provisions of this Section, the physician or other
health care provider who will actually perform the contemplated medical or surgical
procedure shall:

(1) Disclose the risks and hazards in the form and to the degree required by the panel.

(2) Disclose additional risks, if any, particular to a patient because of a complicating
medical condition, either told to the physician or other health care provider by the patient or
his representative in a medical history of the patient or reasonably discoverable by such
physician or other health care provider.

(3) Disclose reasonable therapeutic alternatives and risks associated with such
alternatives.

(4) Relate that he is obtaining a consent to medical treatment pursuant to the lists
formulated by the Louisiana Medical Disclosure Panel.

(5) Provide an opportunity to ask any questions about the contemplated medical or
surgical procedure, risks, or alternatives and acknowledge in writing that he answered such
questions, to the patient or other person authorized to give consent to medical treatment,
receipt of which shall be acknowledged in writing.

Q. The department shall maintain a searchable database of all current medical
disclosure lists and make such database available to the public on the website of the
department.

R. Notwithstanding the provisions of the Open Meetings Law, R.S. 42:11 et seq., or
any other law, if any member of the panel is physically present at a meeting, any number of
the other members of the panel may attend the meeting by use of telephone conference call,
videoconferencing, or other similar telecommunication methods for purposes of establishing
a quorum or voting or for any other meeting purpose allowing a panel member to fully
participate in any panel meeting. The provisions of this Subsection shall apply without
regard to the subject matter discussed or considered by the panel at the meeting. A meeting
held by telephone conference call, videoconferencing, or other similar telecommunication
method:

(1) Shall be subject to the notice requirements of R.S. 42:11 et seq.

(2) Shall not be held unless the notice of the meeting specifies the location of the
meeting at which a member of the panel will be physically present.

(3) Shall be open to the public and audible to the public at the location specified in
the notice.

(4) Shall provide two-way audio communication between all panel members
attending the meeting during the entire meeting, and, if the two-way audio communication
link with any member attending the meeting is disrupted at any time, the meeting may not
continue until the two-way audio communication link is reestablished.

S. The Louisiana Department of Health, its agents or employees, or any person
serving as a member of the panel shall not be liable to any person, firm or entity, public or
private, for any act or omission arising out of a health care provider attempting to obtain or
obtaining informed consent pursuant to the provisions of this Section.

*Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.39.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1157.3** Exception to obtaining informed consent; human immunodeficiency virus or other infectious agents {#sec-40-1157.3 omnilex-key=us-la-statutes--rs-title-40--40:1157.3}

A. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary,
whenever an agent or employee of a hospital, or a physician having privileges at the hospital,
has been exposed to the blood or bodily fluids of a patient in such a manner as to create any
risk that the agent, employee, or physician may become infected with the human
immunodeficiency virus or other infectious agent if the patient is infected with the human
immunodeficiency virus or other infectious agent, in accordance with the infectious disease
exposure guidelines of the United States Centers for Disease Control and Prevention, or the
infectious disease exposure standards of the healthcare facility where the exposure occurred,
then the hospital shall, without the consent of the patient, conduct such tests on blood
previously drawn or bodily fluids previously collected as are necessary to determine whether
the patient is, in fact, infected with the virus or other agent believed to cause acquired
immune deficiency syndrome or other infectious disease. If no previously drawn blood or
collected bodily fluids are available or are suitable, the hospital shall order, without the
consent of the patient, that blood, bodily fluids, or both be drawn and collected from the
patient to conduct the necessary tests.

B. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary,
whenever it is determined by the infectious disease control officer of any law enforcement,
fire service, or emergency medical service agency or organization that an agent or employee
of the agency or organization has been exposed to the blood or bodily fluids of a patient in
the course and scope of his duties and in such a manner as to create any risk that the agent
or employee may become infected with the human immunodeficiency virus or other
infectious agent if the patient is infected with the human immunodeficiency virus or other
infectious agent, in accordance with the infectious disease exposure guidelines of the United
States Centers for Disease Control and Prevention, or the infectious disease exposure
standards of the agency or organization, then the infectious disease control officer of the
agency or organization shall request that the hospital, while the patient is in such hospital and
without the consent of the patient, conduct a human immunodeficiency virus test approved
by the United States Food and Drug Administration that can yield test results within no more
than five hours of administering the test.

C. The results of the test shall not become a part of the patient's medical record and
shall be confidential, except that the hospital shall inform the exposed employee, agent, or
physician, or the infectious disease control officer of the law enforcement, fire service, or
emergency medical service agency of the results of the test within one hour of receipt of the
results.

D. In the event that the test is performed, and the results of the test are positive, the
hospital shall inform the patient of the results and shall provide such follow-up testing and
counseling as may be required according to the accepted standard of medical care.

E. The patient shall not be charged for any tests performed under this Section.

F. The law enforcement, fire service, or emergency medical service agency or
organization shall ensure that an exposed employee or agent receives medically appropriate
human immunodeficiency postexposure prophylaxis regimens, follow-up testing, and
appropriate counseling.

*Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.39.7 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2018, No. 702, §1.*

#### **SUBPART B** LOUISIANA MEDICAL CONSENT LAW

##### **§ 40:1159.1** Short title {#sec-40-1159.1 omnilex-key=us-la-statutes--rs-title-40--40:1159.1}

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.*

##### **§ 40:1159.2** Subpart not applicable to abortion and sterilization {#sec-40-1159.2 omnilex-key=us-la-statutes--rs-title-40--40:1159.2}

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.*

##### **§ 40:1159.3** Subpart not applicable to care and treatment of persons with mental illness; exception {#sec-40-1159.3 omnilex-key=us-la-statutes--rs-title-40--40:1159.3}

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.*

##### **§ 40:1159.4** Persons who may consent to surgical or medical treatment {#sec-40-1159.4 omnilex-key=us-la-statutes--rs-title-40--40:1159.4}

A. In addition to such other persons as may be authorized and empowered, any one
of the following persons in the following order of priority, if there is no person in a prior
class who is reasonably available, willing, and competent to act, is authorized and
empowered to consent, either orally or otherwise, to any surgical or medical treatment or
procedures including autopsy not prohibited by law which may be suggested, recommended,
prescribed, or directed by a duly licensed physician:

(1) Any adult, for himself.

(2) The judicially appointed tutor or curator of the patient, if one has been appointed.

(3) An agent acting pursuant to a valid mandate, specifically authorizing the agent
to make health care decisions.

(4) The patient's spouse not judicially separated.

(5) An adult child of the patient.

(6) Any parent, whether adult or minor, for his child.

(7) The patient's sibling.

(8) The patient's other ascendants or descendants.

(9) Upon the inability of any adult to consent for himself and in the absence of any
person listed in Paragraphs (2) through (8) of this Subsection, an adult friend of the patient.
For purposes of this Subsection to consent, "adult friend" means an adult who has exhibited
special care and concern for the patient, who is generally familiar with the patient's health
care views and desires, and who is willing and able to become involved in the patient's health
care decisions and to act in the patient's best interest. The adult friend shall sign and date an
acknowledgment form provided by the hospital or other health care facility in which the
patient is located for placement in the patient's records certifying that he or she meets such
criteria.

(10) Any person temporarily standing in loco parentis, whether formally serving or
not, for the minor under his care and any guardian for his ward.

(11) A person chosen by the interdisciplinary team, as defined in R.S. 28:451.2, to
make recommendations on behalf of an individual with a developmental disability, as
defined in R.S. 28:451.2. The interdisciplinary team shall exercise discretion in choosing,
by majority vote, the family member, friend, or other person most familiar with the
individual or most capable of making the decision at issue.

(12) A person chosen by an ad hoc team assembled by any interested person for the
purpose of addressing the medical decision at issue for an individual with a developmental
disability.

(a) This team shall consist of at least three persons familiar with the circumstances
and needs of the individual, and shall contain representatives from at least two different
services, educational or advocacy agencies serving individuals with developmental
disabilities.

(b) The team shall make decisions by majority vote, and no one agency shall provide
a majority of the members.

(c) The team shall exercise discretion in choosing the family member, friend, or other
person most familiar with the individual or most capable of making the decision at issue.

B. If there is more than one person within the above named class in Paragraphs
(A)(1) through (9), the consent for surgical or medical treatment shall be given by a majority
of those members of the class available for consultation.

C. If none of the persons listed under Paragraphs (A)(1) through (10) of this Section
are reasonably available, then the patient's attending physician shall have the discretion to
provide or perform any surgical or medical treatment or procedures, including but not limited
to an autopsy, and may also make decisions regarding continued services needed by the
patient, including but not limited to approving the placement or transfer of the patient to
another facility, without the consent of the patient or other person authorized to consent for
the patient. Prior to taking such action, the attending physician shall document in the patient's
chart the facts that establish what medical decisions need to be made and why those decisions
are needed without undue delay, as well as the steps taken to obtain consent from the patient
or another person authorized by law to give consent and then obtain confirmation from
another physician, preferably the patient's primary care physician if he is not the attending
physician, of the patient's condition and the medical necessity for such action as is
appropriate and consistent with the patient's condition and which cannot be omitted without
adversely affecting the patient's condition or the quality of medical care rendered. The
confirming physician shall personally examine the patient and document his assessment,
findings and recommendations in the patient's chart prior to the proposed surgical or medical
treatment or procedures being performed. This Subsection shall not apply to an emergency
governed by the provisions of R.S. 40:1159.5.

D.(1) When no contact persons are included in the individual's records, in order to
justify a finding that none of the authorized persons listed under Paragraphs (A)(1) through
(9) of this Section are reasonably available, the patient's attending physician shall document
the following in the patient's record:

(a) That he or a representative of the attending physician or facility has inquired of,
or has made a documented good-faith effort to inquire of, the following entities regarding the
existence of any advance directive made by the patient and the availability of information
that would enable the physician to contact any person listed under Paragraphs (A)(2) through
(9) of this Section:

(i) The Louisiana Secretary of State's Living Will Registry.

(ii) The patient's primary care physician or any known provider of medical treatment
or services received by the patient in the previous one hundred and eighty days.

(iii) Any known facility in which the patient has resided in the last one hundred and
eighty days.

(b) That no advance directive or other information that would enable the physician
to contact an authorized individual to consent is available.

(2) When names of potentially authorized persons are listed in the individual's
records or are obtained through efforts under this Subsection, in order to justify a finding that
none of the authorized persons listed under Paragraphs (A)(1) through (9) of this Section are
reasonably available, the patient's attending physician shall document in the patient's record
the name of each potentially authorized person that he or a representative of the physician
or facility attempted to contact, the manner and date of the attempted contact, and the result
of the attempted contact.

E. For an individual with a developmental disability, competency to act for the
purpose of this Section shall be determined in accordance with principles set forth in R.S.
28:454.3, including capacity to consent and legally adequate consent.

F. Consent to surgical or medical treatment for an individual with a developmental
disability will be implied where an emergency, as defined in R.S. 40:1159.5, exists.

G. No hospital or other health care facility, physician, health care provider, or other
person or entity shall be subject to criminal prosecution or civil liability or be deemed to have
engaged in unprofessional conduct as to the issue of consent only, based upon the reliance
in good faith on any direction or decision by any person reasonably believed to be authorized
and empowered to consent under Paragraphs (A)(1) through (9) of this Section, even if death
or injury to the patient ensues except for liability for medical malpractice as to the provision
or performance of the surgical or medical treatment, not with regard to the question of
consent under R.S. 40:1237.1 et seq., or R.S. 40:1231.1 et seq. Each hospital or other health
care facility, physician, health care provider, or other person or entity, who acts in good-faith
reliance on any such direction or decision shall be protected and released to the same extent
as though such person had interacted directly with the patient as a fully competent person.

H. Any physician attending or confirming, who, in accordance with Subsection C of
this Section, provides or performs any surgical or medical treatment or procedure, including
but not limited to an autopsy, or who makes decisions regarding continued services,
including but not limited to approving the transfer or placement of the patient, without the
consent of the patient or other person authorized to consent for the patient, shall not be
subject to criminal prosecution or civil liability or be deemed to have engaged in
unprofessional conduct as a result of the decision to perform, or the actual performance of,
such treatment or procedure, or with regard to any decisions pertaining to continued services,
including but not limited to decisions regarding the transfer or placement of the patient as
to the issue of consent only, even if death or injury to the patient ensues, except for liability
for medical malpractice as to the provision or performance of the surgical or medical
treatment, not with regard to the question of consent under R.S. 40:1237.1 et seq., or R.S.
40:1231.1 et seq. Furthermore, no hospital or other health care facility, health care provider
or other person or entity acting under the direction of a physician shall be subject to criminal
prosecution or civil liability, or be deemed to have engaged in unprofessional conduct as a
result of any treatment, procedures, continued services, transfer, or placements that were
performed in accordance with Subsection C of this Section, as to the issue of consent only,
even if death or injury to the patient ensues, except for liability for medical malpractice as
to the provision or performance of the surgical or medical treatment, not with regard to the
question of consent under R.S. 40:1237.1 et seq., or R.S. 40:1231.1 et seq.

*Added by Acts 1975, No. 798, §1; Acts 1990, No. 484, §1; Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2014, No. 601, §1; Redesignated from R.S. 40:1299.53 by HCR 84 of 2015 R.S.*

##### **§ 40:1159.5** Emergencies {#sec-40-1159.5 omnilex-key=us-la-statutes--rs-title-40--40:1159.5}

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.*

##### **§ 40:1159.6** Construction of Subpart; general application {#sec-40-1159.6 omnilex-key=us-la-statutes--rs-title-40--40:1159.6}

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.*

##### **§ 40:1159.7** Right of adult to refuse treatment as to his own person not abridged {#sec-40-1159.7 omnilex-key=us-la-statutes--rs-title-40--40:1159.7}

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.*

##### **§ 40:1159.8** Consent to medical arbitration agreements {#sec-40-1159.8 omnilex-key=us-la-statutes--rs-title-40--40:1159.8}

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.*

##### **§ 40:1159.9** Consent to surgical or medical treatment for persons with developmental disabilities and residents of state-operated nursing homes {#sec-40-1159.9 omnilex-key=us-la-statutes--rs-title-40--40:1159.9}

A. Upon the written recommendation of the treating physician, the following persons
may consent to any surgical or medical treatment on behalf of any person with a
developmental disability who is a recipient of service from a state-operated supported living
program or home- and community-based service provider, or who is a resident of a
state-operated residential facility, community, or group home for persons with developmental
disabilities, state-supervised extended family living program, or a nonstate-operated
residential facility, community, or group home for persons with developmental disabilities,
or who is a resident of a state-operated nursing home:

(1) For a resident of a state-operated residential facility, community, or group home
for persons with developmental disabilities, the administrator of the residential facility,
community, or group home.

(2) For a resident of a state-supervised extended family living program, or a recipient
of service from a state-operated supported living program or home- and community-based
service provider, the office for citizens with developmental disabilities administrator or
manager with administrative authority over the extended family living program, supported
living program, or home- and community-based service provider for the region where the
home is located or the program or service is being provided.

(3) For a resident of a nonstate-operated residential facility, community, or group
home for persons with developmental disabilities, the chief executive officer of the provider
organization which administers or operates the facility or home.

(4) For a resident of a state-operated nursing home, the administrator of the home
or facility.

B. Consent for any surgical or medical treatment on behalf of a person with a
developmental disability or a resident in a facility, home, or program as described in
Subsection A of this Section is authorized under the following circumstances:

(1) When all reasonable efforts to contact the parent, family, or guardian of the
resident have failed or

(2) When the resident's record does not contain the name of the parent, family
member, or guardian.

C. Consent given pursuant to this Section shall be in writing and shall comply with
the provisions of R.S. 40:1157.1. A copy of the signed written consent form and of the
physician's written recommendation shall be placed in the resident's permanent record.

D. Nothing contained in this Section shall be construed to authorize consent to
surgical or medical treatment for a resident if the parent, family member, or guardian of the
resident has been contacted and has refused to consent to medical treatment for the resident.

E. Consent to surgical or medical treatment for residents will be implied where an
emergency, as defined in R.S. 40:1159.5, exists.

F. Notwithstanding anything else herein to the contrary, no person shall be
authorized to make a medical decision for an individual with a developmental disability
pursuant to this Section unless there is no decision maker reasonably available, competent,
and willing to act pursuant to R.S. 40:1159.4.

G. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

*Added by Acts 1978, No. 607, §2; Acts 1990, No. 177, §1; Acts 2001, No. 519, §1; Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.58 by HCR 84 of 2015 R.S.*

#### **SUBPART B-1** CONSENT TO MEDICAL EXAMINATIONS

##### **§ 40:1160.1** Title {#sec-40-1160.1 omnilex-key=us-la-statutes--rs-title-40--40:1160.1}

This Subpart shall be known and may be cited as the "Consent to Medical
Examinations Act".

*Acts 2020, No. 269, §1.*

##### **§ 40:1160.2** Definitions {#sec-40-1160.2 omnilex-key=us-la-statutes--rs-title-40--40:1160.2}

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.*

##### **§ 40:1160.3** Consent to medical examinations; anesthetized patients; penalties {#sec-40-1160.3 omnilex-key=us-la-statutes--rs-title-40--40:1160.3}

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.*

##### **§ 40:1160.4** Requirement for examinations performed by learners {#sec-40-1160.4 omnilex-key=us-la-statutes--rs-title-40--40:1160.4}

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.*

#### **SUBPART C** INFORMED CONSENT TO DENTAL TREATMENT

##### **§ 40:1161.1** Consent to dental treatment {#sec-40-1161.1 omnilex-key=us-la-statutes--rs-title-40--40:1161.1}

A. As used in this Subpart:

(1) "Dental treatment" means those practices and procedures which fall within the
definition of the practice of "dentistry", as that term is defined in R.S. 37:751, except when
performed by a physician or surgeon in the practice of his profession.

(2) "Patient" means a natural person who receives dental treatment.

(3) Notwithstanding the provisions of this Subpart, a dentist who performs oral or
maxillofacial surgery in a hospital shall be subject to the provisions of R.S. 40:1157.1.

B. Notwithstanding any other law to the contrary, "informed consent" means consent
to any dental treatment or course of dental treatment given by a patient:

(1) After the patient has been informed in general terms of the nature and purpose
of the dental treatment or course of dental treatment and those risks of death, brain damage,
quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars,
if any, associated with such dental treatment or course of dental treatment which would
ordinarily have been disclosed under the same or similar circumstances by dentists with the
same or similar training and experience; and

(2) After the patient has been given an opportunity to ask questions concerning such
dental treatment or course of dental treatment and his questions, if any, have been answered
in a satisfactory manner.

C. Where the informed consent for dental treatment is obtained in writing, no
evidence shall be admissible to modify or limit the authorization for performance of the
dental treatment or course of dental treatment and such informed consent, in the absence of
clear and convincing proof that execution of the consent was induced by fraudulent
misrepresentation of material facts by the involved dentist, shall be conclusively presumed
to be valid and effective. Where such written consent is employed it shall also be
conclusively presumed that the patient, or his representative, is able to communicate
effectively in spoken or written English or in any other language in which the consent form
is written and that the patient, or his representative, has understood the information disclosed
in the written consent, provided that such informed consent is documented in a writing which
contains all of the following:

(1) Sets forth in general terms the nature and purpose of the dental treatment or
course of dental treatment together with those risks described in Paragraph B(1) of this
Section.

(2) Acknowledges that such disclosure of information has been made, that the patient
has been given an opportunity to ask questions concerning such dental treatment or course
of dental treatment, and that all questions asked have been answered in a satisfactory manner.

(3) Is signed by the patient for whom the dental treatment or course of dental
treatment is to be performed, or if the patient for any reason lacks legal capacity to consent,
by a representative of the patient as provided in the Louisiana Medical Consent Law, in R.S.
40:1159.1 et seq.

D. The responsibility for obtaining the informed consent of a patient shall be that of
the dentist who is actually to provide or supervise the provision of the contemplated dental
treatment or course of dental treatment. However, a lay or professional employee of a
hospital or of the dentist, acting with the approval of the dentist, may validly perform the
ministerial act of documenting such informed consent by securing the completion and
execution of a written consent.

E. In any action for damages in which it is alleged that a patient underwent a dental
treatment or a course of dental treatment without his informed consent, the plaintiff shall
have the burden of proving, by a preponderance of the evidence, that:

(1) The defendant dentist failed to disclose a risk of death, brain damage,
quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars
associated with such dental treatment or course of dental treatment which would ordinarily
have been disclosed under the same or similar circumstances by dentists with the same or
similar training and experience;

(2) Such undisclosed risk did occur; and

(3) A reasonably prudent person in the patient's position would not have undergone
the dental treatment or course of dental treatment had he been properly informed.

F. It shall not be essential to the validity of any informed consent that the consent be
obtained in writing. Where consent to dental treatment by the patient or consent to dental
treatment from a person authorized by law to consent to dental treatment for the patient is
secured other than in writing in accordance with Paragraph C of this Section, the explanation
to the patient or person authorizing consent for the patient shall include the matters set forth
in Paragraphs B(1) and B(2) of this Section, such consent shall be valid, effective, and
subject to proof according to the rules of evidence of ordinary cases.

*Acts 1987, No. 669, §1; Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.131 by HCR 84 of 2015 R.S.*

#### **PART V** TUBERCULOSIS

##### **§ 40:1162** §§1162 to 1171 Repealed by Acts 1958, No. 34, §2. {#sec-40-1162 omnilex-key=us-la-statutes--rs-title-40--40:1162}

*§§1162 to 1171 Repealed by Acts 1958, No. 34, §2.*

#### **PART III** INFORMATION AND RECORDS

#### **SUBPART A** ELECTRONIC HEALTH CARE TRANSACTIONS

##### **§ 40:1163.1** Electronic health care transactions; electronic signature authentication and identification system {#sec-40-1163.1 omnilex-key=us-la-statutes--rs-title-40--40:1163.1}

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.*

#### **SUBPART B** HEALTH CARE INFORMATION

##### **§ 40:1165.1** Healthcare information; records {#sec-40-1165.1 omnilex-key=us-la-statutes--rs-title-40--40:1165.1}

A.(1) Each health care provider shall furnish each patient, upon request of the
patient, a copy of any information related in any way to the patient which the health care
provider has transmitted to any company, or any public or private agency, or any person.

(2)(a) Medical records of a patient maintained in a health care provider's office are
the property and business records of the health care provider.

(b)(i) Except as provided in R.S. 44:17, a patient or his legal representative or a
patient's life, health, disability, or long-term care insurance company or its counsel, with the
patient's authorization as defined in R.S. 40:1163.1, or in the case of a deceased patient, the
executor of his will, the administrator of his estate, the surviving spouse, the parents, or the
children of the deceased patient, or after a claim has been made, the insurance company or
its counsel, or, after suit has been instituted, defense counsel or a defendant seeking any
treatment record, including but not limited to any medical, hospital, laboratory, invoice or
billing statement, or other record, including test results, relating to or generated as a result
of or in connection to the patient's medical treatment, history, or condition, either personally
or through an attorney, shall have a right to obtain a copy of the entirety of the records in the
form in which they exist, except microfilm, upon furnishing a signed authorization. If the
treatment records exist solely in paper form, paper or digital copies shall be provided upon
payment of a reasonable copying charge, not to exceed one dollar per page for the first
twenty-five pages, fifty cents per page for twenty-six to three hundred fifty pages, and
twenty-five cents per page thereafter, a handling charge not to exceed twenty-five dollars for
hospitals, nursing homes, and other health care providers, and actual postage. The charges
set forth in this Section shall be applied to all persons and legal entities duly authorized by
the patient to obtain a copy of their medical records. If treatment records exist in digital
format, copies shall be provided in digital format if requested to be provided in digital format
and charged at the rate provided by this Item; however, the charges for providing digital
copies shall not exceed one hundred dollars, plus all postage charges actually incurred. If the
treatment records exist in both digital form and paper form, the maximum limit of one
hundred dollars shall apply only to the portion of records stored in digital form. If requested,
the health care provider shall provide the requestor, at no extra charge, a certification page
setting forth the extent of the completeness of records on file. In the event a hospital record
is not complete, the copy of the records furnished shall indicate, through a stamp, coversheet,
or otherwise, the extent of completeness of the records. Each request for records submitted
by the patient or other person authorized to request records pursuant to the provisions of this
Subparagraph shall be subject to only one handling charge, and the health care provider shall
not divide the separate requests for different types of records, including but not limited to
billing or invoice statements. The health care provider or person or legal entity providing
records on behalf of the health care provider shall not charge any other fee which is not
specifically authorized by the provisions of this Subparagraph, except for notary fees and fees
for expedited requests as contracted by the parties.

(ii) The individuals authorized to obtain medical records pursuant to Item (i) of this
Subparagraph shall also have the right to obtain copies of patient X-rays, and other imaging
media, upon payment of reasonable reproduction costs and a handling charge of twenty
dollars for hospitals and ten dollars for other health care providers. If the patient X-rays and
other imaging media are stored in digital format, copies may be requested to be provided in
digital format and charged at the rate provided by this Item; however, the charges for
providing digital imaging media copies shall not exceed two hundred dollars, plus all postage
charges actually incurred. If requested, the health care provider shall provide the requestor,
at no extra charge, a certification page setting forth the completeness of the X-rays and other
imaging media on file. In the event hospital patient X-rays and other imaging media are not
complete, the copies furnished shall indicate, through a stamp, coversheet, or otherwise, the
extent of the completeness of the records. Each request for copies of patient X-rays and
other imaging media submitted by the patient or other person authorized to request records
pursuant to Item (i) of this Subparagraph shall not be considered a separate request and are
subject to only one handling charge, and the health care provider shall not divide the requests
for different types of X-rays and other imaging media. The health care provider shall not
charge any other fee which is not specifically authorized by the provisions of this
Subparagraph, except for notary fees and fees for expedited requests as contracted by the
parties.

(iii) A health care provider shall be provided with written notice of any violation of
Items (i) or (ii) of this Subparagraph and shall be given three days to correct the noticed
violation. If the violation is based on a written communication from the health care provider
or its agent, and the written communication includes contact information with a physical
address for receipt of notices, the notice shall be sent by certified mail or commercial carrier.
If the violation is not based on a written communication, or if no contact information, such
as a physical address for receipt of notices, is provided, the notice shall be sent by certified
mail or commercial carrier to the custodian of medical records of the health care provider.
If the violation is not corrected within fifteen days of receipt of the certified mail or the
commercial carrier notice, any violation of Items (i) or (ii) of this Subparagraph shall be
subject to a civil penalty of five hundred dollars per violation, plus attorney fees and costs
at the discretion of the court, payable to the requestor of the medical records.

(c) If a copy of the record is not provided within a reasonable period of time, not to
exceed fifteen days following the receipt of the request and written authorization, and
production of the record is obtained through a court order or subpoena duces tecum, the
health care provider shall be liable for reasonable attorney fees and expenses incurred in
obtaining the court order or subpoena duces tecum. Such sanctions shall not be imposed
unless the person requesting the copy of the record has by certified mail notified the health
care provider of his failure to comply with the original request, by referring to the sanctions
available, and the health care provider fails to furnish the requested copies within five days
from receipt of such notice. Except for their own gross negligence, such health care
providers shall not otherwise be held liable in damages by reason of their compliance with
such request or their inability to fulfill the request.

(d) A health care provider may deny access to a record if the health care provider
reasonably concludes that knowledge of the information contained in the record would be
injurious to the health or welfare of the patient or could reasonably be expected to endanger
the life or safety of any other person.

(e) Nothing in this Section shall be construed to limit or prohibit access to the
information contained in the records of a patient maintained by a health care provider in any
legally permissible manner other than those delineated pursuant to R.S. 22:976 and in this
Section, subject to the provisions of R.S. 13:3734.

(3)(a) Medical and dental records shall be retained by a physician or dentist in the
original, microfilmed, or similarly reproduced form for a minimum period of six years from
the date a patient is last treated by a physician or dentist.

(b) Graphic matter, images, X-ray films, and like matter that were necessary to
produce a diagnostic or therapeutic report shall be retained, preserved and properly stored
by a physician or dentist in the original, microfilmed or similarly reproduced form for a
minimum period of three years from the date a patient is last treated by the physician or
dentist. Such graphic matter, images, X-ray film, and like matter shall be retained for a
longer period when requested in writing by the patient.

(4)(a) Any person conducting or operating a clinical laboratory or medical facility
shall report test results to the patient who is the subject of the test upon his request.
Approval from a health care provider shall not be required prior to reporting test results in
accordance with the provisions of this Paragraph.

(b) When a clinical laboratory or medical facility provides test results to a patient
pursuant to this Paragraph, it shall also provide notice to the provider that the patient
requested the test results and the results of the test to the health care provider ordering the
test.

(c) Notwithstanding any other provision of law to the contrary, the clinical laboratory
or medical facility shall deliver the requested test results to the patient after verifying the
identification of the patient. Test results may be delivered by mail if the patient has executed
a HIPAA form and a written authorization to that effect. In addition, the test results may be
delivered to any other person authorized by the patient in writing to receive the results.

(d) The patient shall not have a right or cause of action against the clinical laboratory
or medical facility for the release of test results in accordance with the provisions of this
Paragraph.

(e) The clinical lab or medical facility shall only report the test results to the patient
who is the subject of the test upon his request in a manner which is consistent and in
accordance with all applicable federal laws.

(f) The clinical lab or medical facility shall only report the test results to the patient
who is the subject of the test upon his request when the cost of the tests have been fully paid
by the patient or applicable payor source.

B. As used in this Section:

(1) "Health care provider" means a "health care provider" as defined in R.S.
40:1231.1 or a "state health care provider" as defined in R.S. 40:1237.1 or a clinical
laboratory or medical facility in accordance with Paragraph (A)(4) of this Section.

(2) "Patient" means a natural person who receives or should have received health
care from a licensed health care provider, under a contract, express or implied.

C.(1) The provisions of this Section shall not be applicable to a health care provider
who has evaluated or examined a patient at the request of any agency of the state or federal
government in charge of the administration of any of the assistance or entitlement programs
under the Social Security Act. The records of such evaluation or examination shall be
retained for ninety days after mailing or upon proof of receipt of the records, whichever
period is shorter. Nothing herein shall be construed as limiting or prohibiting the access to
health care information and records of a patient that are retained by the Social Security
Administration in any legally permissible manner under state law that is not contrary to
federal law or regulation.

(2) A person or entity otherwise subject to the provisions of this Section who
provides medical records to a nonprofit organization assisting with Social Security or
Medicaid applications may waive or charge an amount less than the maximum charges set
forth in Item (A)(2)(b)(i) of this Section.

*Added by Acts 1979, No. 685, §1. Acts 1989, No. 205, §1, eff. June 26, 1989; Acts 1990, No. 766, §1, eff. July 24, 1990; Acts 1991, No. 212, §1; Acts 1991, No. 427, §1; Acts 1991, No. 586, §1; Acts 1991, No. 659, §1; Acts 1995, No. 521, §1, eff. Jan. 1, 1996; Acts 1995, No. 920, §2; Acts 2001, No. 839, §1; Acts 2003, No. 1260, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2008, No. 763, §1, eff. July 6, 2008; Acts 2010, No. 614, §1; Acts 2010, No. 740, §1; Acts 2011, No. 125, §1; Acts 2012, No. 756, §1; Redesignated from R.S. 40:1299.96 by HCR 84 of 2015 R.S.; Acts 2016, No. 627, §1; Acts 2018, No. 206, §4; Acts 2021, No. 277, §1.*

##### **§ 40:1165.2** Health Care Information Technology and Infrastructure Advisory Collaborative; membership; powers and duties; annual report {#sec-40-1165.2 omnilex-key=us-la-statutes--rs-title-40--40:1165.2}

A.(1) The legislature recognizes the need to pursue electronic health care information
technology for the residents of Louisiana in a coordinated, systematic, thoughtful, and
focused manner. The legislature further recognizes that health care information technology
plays a significant role in transforming the health care system and in supporting
communities. Electronic health care records are rapidly evolving and becoming more
standardized in order to better meet the needs of physicians, clinicians, and patients. The
legislature desires to obtain information for the development and adoption of uniform
standards for interoperable electronic health care records to better protect the privacy and
confidentiality of personal health care information of Louisiana residents while advancing
the use of electronic health care information technology.

(2) Pursuant to Senate Concurrent Resolution 35 of the 2007 Regular Session, the
Louisiana Department of Health facilitated the establishment of the Louisiana Health Care
Quality Forum as a nonprofit corporation, which was incorporated on July 6, 2007, and
whose purpose is to plan, promote and conduct quality improvement initiatives within the
state. The Louisiana Health Care Quality Forum has identified the promotion of health
information technology as a major focus in its strategic work plan.

(3) In Act 203 of the 2007 Regular Session, the legislature provided a line item
appropriation within the Louisiana Department of Health budget for the establishment of a
network among Louisiana State University Health Sciences Center at Shreveport and the
Rural Hospital Coalition, now known as the Louisiana Rural Health Information Exchange,
hereinafter referred to in this Section as "LARHIX".

B. The legislature hereby establishes the Health Care Information Technology and
Infrastructure Collaborative to be composed of LARHIX, the Health Information Technology
Committee of the Louisiana Health Care Quality Forum and any other current or future
regional health information exchange, hereinafter referred to in this Section as
"collaborative." The collaborative shall advise the secretary of the Louisiana Department of
Health on strategies for the advancement of the use of electronic health information
technology through the identification of state laws and regulations that impede such
advancement, including but not limited to those laws and regulations that concern the form
of consent to medical treatment and authorization for other health care transactions, and
matters related to facilitation of telehealth consultations.

C. The collaborative shall provide the secretary of the Louisiana Department of
Health with its annual report on such matters no later than January thirtieth of each year. The
collaborative shall submit its annual report to the House and Senate committees on health
and welfare for approval by January thirtieth of each year.

*Acts 2008, No. 763, §1, eff. July 6, 2008; Redesignated from R.S. 40:1299.96.1 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

##### **§ 40:1165.3** Contact lens prescription; contents; expiration; restrictions on filling; release; penalties {#sec-40-1165.3 omnilex-key=us-la-statutes--rs-title-40--40:1165.3}

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.*

#### **SUBPART C** ELECTRONIC HEALTH RECORDS LOAN PROGRAM ACT

##### **§ 40:1167.1** Short title {#sec-40-1167.1 omnilex-key=us-la-statutes--rs-title-40--40:1167.1}

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.*

##### **§ 40:1167.2** Legislative findings; purpose {#sec-40-1167.2 omnilex-key=us-la-statutes--rs-title-40--40:1167.2}

The legislature finds that:

(1) Through the state's health care reform efforts, it has been recognized that Health
Information Technology (HIT) and Health Information Exchange (HIE) are critical to
improving and evaluating the quality of health care delivered to the citizens of Louisiana
across the full spectrum of service delivery. The state has made significant investments in
HIT that should be leveraged and built upon while continuing to address the low adoption
rate of HIT by providers statewide.

(2) The state and federal governments have recognized that the use of an
interoperable electronic health record (EHR) is the foundation of HIT adoption and can
improve outcomes and reduce costs.

(3) In February of 2009, the United States Congress, in enacting the American
Recovery and Reinvestment Act of 2009 (ARRA), made a substantial financial commitment
to the national expansion of HIT by providing approximately seventeen billion dollars in
funding for enhanced Medicare and Medicaid reimbursements to certain providers who
demonstrate meaningful use of certified EHR technology, as well as an additional two billion
dollars for competitive grants to the states to create regional infrastructure and to provide
loans to providers for the purchase and implementation of an EHR.

(4) Under ARRA, many of Louisiana's providers will become eligible for enhanced
Medicare reimbursement in the federal fiscal year beginning October 1, 2010, by becoming
a meaningful user of certified EHR technology and will suffer financial consequences for
failing to do so in the federal fiscal year beginning October 1, 2014. Additionally, enhanced
Medicaid reimbursement will be available to certain providers who are engaged in efforts to
adopt, implement, or upgrade certified EHR technology or who are meaningful users of such
technology, beginning on a date that has not yet been specified by the federal government.

(5) The ARRA's loan program competitive grant provisions are designed to facilitate
the widespread adoption of certified EHR technology, thus achieving provider eligibility for
the enhanced Medicare and Medicaid reimbursements. The application process requires that
the state develop and submit a strategic plan that will be annually updated, and that must
include a list of the projects to be assisted through the program, a description of the criteria
and methods established for the distribution of funds, the financial status of the loan fund as
of the date of submission of the plan and the short-term and long-term goals of the program.

(6) In 2007, the state authorized the secretary to enter into a Cooperative Endeavor
Agreement ("CEA") with the Rural Hospital Coalition, Inc. (the "Coalition"), for the
establishment of the Louisiana Rural Health Information Exchange (LARHIX), a
multi-regional health care information exchange. With the funding provided, seven rural
hospitals acquired EHR technology and were linked to Louisiana State University Health
Sciences Center - Shreveport (LSUHSC-S) via a state-of-the-art integration engine,
permitting a panel of specialists to access a rural patient's medical record in real time while
consulting with the patient over the telehealth equipment located at the rural hospital. In
2008, the state entered into a five-year CEA with the Coalition and provided funding to
expand the network to seven additional rural hospitals. LARHIX has been honored as a
network model with multiple award nominations by national technology organizations.

(7) The state is required to meet federal match requirements to secure funding under
the ARRA loan program provisions. Once such funding is secured, the state can establish
the loan program and thereby make application for ARRA program funds. When
established, the loan program will facilitate the expansion of current efforts, including
LARHIX, to assist providers in acquiring certified EHR technology. By enacting this
legislation, the legislature is providing the department and the secretary with specific
authority to facilitate the state's application for ARRA loan program funding and to
administer the state's EHR loan program.

*Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.2 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

##### **§ 40:1167.3** Definitions {#sec-40-1167.3 omnilex-key=us-la-statutes--rs-title-40--40:1167.3}

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.*

##### **§ 40:1167.4** Establishment of the Electronic Health Records Loan Program {#sec-40-1167.4 omnilex-key=us-la-statutes--rs-title-40--40:1167.4}

A. The "Electronic Health Records Loan Program" is hereby created within the
department.

B.(1) The secretary is hereby authorized to establish the Electronic Health Records
Loan Program utilizing such sums that are made available through any one or more of the
following:

(a) Annual appropriation.

(b) A public/private partnership involving financial institutions.

(c) Any other method authorized by law.

(2) Such funding shall be utilized by the state to satisfy the federal match
requirements of the loan program provisions of ARRA.

(3) All loan program funds shall be administered by the department pursuant to the
provisions of this Subpart.

C. To the extent permitted by law, the debt service associated with loans made to
eligible providers shall be serviced from funds received by such providers as enhanced
reimbursements under ARRA.

D. The department shall assist the state in the preparation of a competitive grant
application and any other required submissions to secure funding made available under the
ARRA loan program provisions.

E. The secretary is authorized to enter into CEAs to facilitate with any entity access
to the ARRA loan program funding and to make loans to eligible providers to provide for the
acquisition and implementation of certified EHR technology by eligible providers, and where
integrated, telehealth technology.

F. To provide for the expansion and administration of LARHIX and other related
matters, the secretary shall enter into a CEA with the Coalition, the terms of which shall
govern the program's loans made available to rural hospitals, and with the secretary's
approval, to other rural health care providers who have elected to partner with rural hospitals
in the acquisition of certified EHR technology. For purposes of this Subsection and to the
extent permitted by the ARRA, certified EHR technology will include telehealth technology
which such technology is fully integrated with the certified EHR technology acquired by the
hospital.

G. The secretary may consult with the Louisiana Healthcare Quality Forum in
administering this program.

*Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.4 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

#### **SUBPART D** MEDICAL MARIJUANA: HEALTH INFORMATION DATA SYSTEM

##### **§ 40:1168.1** Findings and purpose {#sec-40-1168.1 omnilex-key=us-la-statutes--rs-title-40--40:1168.1}

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.*

##### **§ 40:1168.2** Definitions {#sec-40-1168.2 omnilex-key=us-la-statutes--rs-title-40--40:1168.2}

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.*

##### **§ 40:1168.3** Data system; components; reporting; design in collaboration with certain higher education institutions; public records exception {#sec-40-1168.3 omnilex-key=us-la-statutes--rs-title-40--40:1168.3}

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.*

##### **§ 40:1168.4** Protection of health information; limitations on data use {#sec-40-1168.4 omnilex-key=us-la-statutes--rs-title-40--40:1168.4}

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.*

##### **§ 40:1168.5** Funding sources authorized for data system {#sec-40-1168.5 omnilex-key=us-la-statutes--rs-title-40--40:1168.5}

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.*

##### **§ 40:1168.6** Rulemaking {#sec-40-1168.6 omnilex-key=us-la-statutes--rs-title-40--40:1168.6}

The board shall promulgate all such rules in accordance with the Administrative
Procedure Act as are necessary to implement the provisions of this Subpart.

*Acts 2019, No. 207, §1.*

#### **PART IV** RIGHTS

#### **SUBPART A** ACCESS TO TREATMENT FOR TERMINALLY ILL PATIENTS

##### **§ 40:1169.1** Short title {#sec-40-1169.1 omnilex-key=us-la-statutes--rs-title-40--40:1169.1}

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.*

##### **§ 40:1169.2** Legislative findings {#sec-40-1169.2 omnilex-key=us-la-statutes--rs-title-40--40:1169.2}

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.*

##### **§ 40:1169.3** Definitions {#sec-40-1169.3 omnilex-key=us-la-statutes--rs-title-40--40:1169.3}

As used in this Subpart, the following terms have the meaning ascribed to them in
this Section:

(1) "Eligible patient" means a person to whom all of the following criteria apply:

(a) Has a terminal illness.

(b) As determined by the person's physician, has no comparable or satisfactory
treatment options that are approved by the United States Food and Drug Administration and
available to diagnose, monitor, or treat the person's disease or condition, and the probable
risk to the person from the investigational drug, biological product, or device is not greater
than the probable risk from the person's disease or condition.

(c) Has received a prescription or recommendation from his physician for an
investigational drug, biological product, or device.

(d)(i) Has given his consent in writing for the use of the investigational drug,
biological product, or device; or, if he is a minor or lacks the mental capacity to provide
consent, a parent or legal guardian has given consent in writing on his behalf.

(ii) A person who can understand and comprehend spoken English but is physically
unable to talk or write may be deemed as meeting the criteria of this Subparagraph if he is
competent and able to indicate consent by other means.

(e) Has documentation from his physician indicating that he has met the
requirements provided in this Subpart.

(2)(a) "Investigational drug, biological product, or device" means a drug, biological
product, or device that has successfully completed phase one of a United States Food and
Drug Administration approved clinical trial, but has not been approved for general use by the
United States Food and Drug Administration and remains under investigation in a clinical
trial.

(b) Notwithstanding Subparagraph (a) of this Paragraph, for purposes of this Subpart,
"investigational drug, biological product, or device" shall include any device possessing the
following characteristics regardless of whether it has successfully completed phase one of
a United States Food and Drug Administration approved clinical trial:

(i)(aa) If of a robotic nature, the device is designed such that any failure in a
multitude of continuous tests of its internal subsystems should cause motion to stop,
consistent with the Guidelines For Robotics Safety from the Occupational Safety and Health
Administration of the United States Department of Labor (Directive Number STD
01-12-002).

(bb) For purposes of this Item, "robotic nature" shall mean capable of independent
motion or moving the user.

(ii) The device has all of the following features for intentional control:

(aa) The motion of the device responds to specific controls from the user.

(bb) The device has no machine state in which motion continues without a specific
command from the user.

(iii) The device has an emergency stop button which allows an assistant to force the
motion of the device to stop.

(3) "Terminal illness" means a disease that, without life-sustaining procedures, will
result in death in the near future or a state of permanent unconsciousness from which
recovery is unlikely. This diagnosis shall be confirmed by a second independent evaluation
by a board-certified physician in an appropriate speciality.

*Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.423 by HCR 84 of 2015 R.S.; Acts 2017, No. 292, §1.*

##### **§ 40:1169.4** Availability of drugs, biological products, and devices; costs; insurance coverage {#sec-40-1169.4 omnilex-key=us-la-statutes--rs-title-40--40:1169.4}

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.*

##### **§ 40:1169.5** Limitation of liability; no cause of action created {#sec-40-1169.5 omnilex-key=us-la-statutes--rs-title-40--40:1169.5}

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.*

##### **§ 40:1169.6** Action against physician license prohibited {#sec-40-1169.6 omnilex-key=us-la-statutes--rs-title-40--40:1169.6}

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.*

#### **SUBPART A-1** ORGAN TRANSPLANTATION: RIGHT OF POTENTIAL RECIPIENTS TO NONDISCRIMINATION

##### **§ 40:1170.1** Legislative findings; declaration {#sec-40-1170.1 omnilex-key=us-la-statutes--rs-title-40--40:1170.1}

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.*

##### **§ 40:1170.2** Definitions {#sec-40-1170.2 omnilex-key=us-la-statutes--rs-title-40--40:1170.2}

For purposes of this Subpart, the following terms have the meaning ascribed to them
in this Section:

(1) "Anatomical gift" means a donation of all or part of a human body that takes
effect after the death of the donor for the purpose of transplantation or transfusion.

(2) "Auxiliary aid or service" means an aid or service that is used to provide
information to an individual with a cognitive, developmental, intellectual, neurological, or
physical disability and is available in a format or manner that allows the individual to better
understand the information. An auxiliary aid or service may include any of the following:

(a) Qualified interpreters or other effective methods of making aurally delivered
materials available to persons who are deaf or hard of hearing.

(b) Qualified readers, taped texts, texts in accessible electronic format, or other
effective methods of making visually delivered materials available to persons with visual
impairments.

(c) Supported decision-making services, including all of the following:

(i) The use of a support individual to communicate information to the person with
a disability, ascertain the wishes of the person, or assist the person in making decisions.

(ii) The disclosure of information to a legal guardian, authorized representative, or
another individual designated by the person with a disability for such purpose. A person
making such disclosure shall do so in conformance with all applicable requirements of state
and federal law, including but not limited to those of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d et seq.) and any federal regulations
promulgated by the United States Department of Health and Human Services for
implementation of that law.

(iii) If an individual has a court-appointed guardian or other individual responsible
for making medical decisions on behalf of the individual, any measures used to ensure that
the individual is included in decisions involving the individual's health care and that medical
decisions are in accordance with the individual's own expressed interests.

(iv) Any other aid or service that is used to provide information in a format that is
easily understandable and accessible to individuals with cognitive, neurological,
developmental, or intellectual disabilities, including assistive communication technology.

(3) "Covered entity" means any of the following entities:

(a) Any licensed provider of healthcare services, including licensed healthcare
practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric
residential treatment facilities, institutions for individuals with intellectual or developmental
disabilities, and prison health centers.

(b) Any entity responsible for matching anatomical gift donors to potential
recipients.

(4) "Disability" has the meaning ascribed in 42 U.S.C. 12102.

(5) "Organ transplant" means the transplantation or transfusion of a part of a human
body into the body of another for the purpose of treating or curing a medical condition.

(6)(a) "Qualified recipient" means an individual who has a disability and meets the
essential eligibility requirements for the receipt of an anatomical gift.

(b) An individual who has a disability and meets the essential eligibility requirements
for the receipt of an anatomical gift shall be deemed to be a qualified recipient regardless of
any of the following:

(i) Whether he has access to individuals or entities available to support and assist
him with an anatomical gift or transplantation.

(ii) Whether he has access to auxiliary aids or services.

(iii) Whether reasonable modifications to the policies, practices, or procedures of a
covered entity are implemented, including modifications to allow for either of the following:

(aa) Communication with one or more individuals or entities available to support or
assist with the recipient's care and medication after surgery or transplantation.

(bb) Consideration of support networks available to the individual, including family,
friends, and home- and community-based services, including home- and community-based
services funded through Medicaid, Medicare, another health plan in which the individual is
enrolled, or any program or source of funding available to the individual, when determining
whether the individual is able to comply with post-transplant medical requirements.

*Acts 2019, No. 57, §3, eff. May 30, 2019.*

##### **§ 40:1170.3** Discrimination against potential organ transplant recipients based on disability; prohibition {#sec-40-1170.3 omnilex-key=us-la-statutes--rs-title-40--40:1170.3}

A. The provisions of this Section shall apply to all stages of the organ transplant
process.

B. It shall be unlawful for a covered entity to do any of the following solely on the
basis of an individual having a disability:

(1) Consider the individual ineligible to receive an anatomical gift or organ
transplant.

(2) Deny medical services or other services related to organ transplantation,
including diagnostic services, evaluation, surgery, counseling, and post-operative treatment
and services.

(3) Refuse to refer the individual to a transplant center or other related specialist for
the purpose of being evaluated for or receiving an organ transplant.

(4) Refuse to place a qualified recipient on an organ transplant waiting list.

(5) Place a qualified recipient on an organ transplant waiting list at a lower priority
position than the position at which the individual would have been placed if the individual
did not have a disability.

(6) Refuse insurance coverage for any procedure associated with being evaluated for
or receiving an anatomical gift or organ transplant, including post-transplantation and
post-transfusion care.

C. Notwithstanding the provisions of Subsection B of this Section, a covered entity
may consider an individual's disability when making treatment or coverage recommendations
or decisions, but only to the extent that the disability has been found by a physician or
surgeon, following an individualized evaluation of the individual, to be medically significant
to the provision of the anatomical gift.

D. If an individual has the necessary support system to assist him in complying with
post-transplant medical requirements, a covered entity may not consider the individual's
inability to independently comply with post-transplant medical requirements to be medically
significant for the purposes of Subsection C of this Section.

E. A covered entity shall make reasonable modifications to its policies, practices, or
procedures to allow individuals with disabilities access to transplantation-related services,
including diagnostic services, surgery, coverage, post-operative treatment, and counseling,
unless the entity can demonstrate that making such modifications would fundamentally alter
the nature of such services.

F. A covered entity shall take all such actions as are necessary to ensure that an
individual with a disability is not denied medical services or other services related to organ
transplantation, including diagnostic services, surgery, post-operative treatment, or
counseling due to the absence of auxiliary aids or services, unless the entity demonstrates
that taking the actions would fundamentally alter the nature of such services or would result
in an undue burden for the entity.

G. Nothing in this Section shall be deemed to require a covered entity to make a
referral or recommendation for or to perform a medically inappropriate organ transplant.

*Acts 2019, No. 57, §3, eff. May 30, 2019.*

##### **§ 40:1170.4** Enforcement; civil actions against covered entities; construction of Section {#sec-40-1170.4 omnilex-key=us-la-statutes--rs-title-40--40:1170.4}

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.*

#### **SUBPART B** CONFIDENTIALITY OF HIV TEST RESULTS

##### **§ 40:1171.1** Purpose; intent; insurance and R.S. 40:1157.3 not affected {#sec-40-1171.1 omnilex-key=us-la-statutes--rs-title-40--40:1171.1}

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.*

##### **§ 40:1171.2** Definitions {#sec-40-1171.2 omnilex-key=us-la-statutes--rs-title-40--40:1171.2}

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.*

##### **§ 40:1171.3** HIV-related testing; consent; exceptions {#sec-40-1171.3 omnilex-key=us-la-statutes--rs-title-40--40:1171.3}

A. Except as provided, specifically authorized, or required by a state or federal law,
in the event that HIV diagnostic testing is offered to a person as part of a routine medical
screening in health care settings, substance abuse treatment facilities, mental health treatment
facilities, and correctional settings, the patient shall be informed orally or in writing that HIV
testing shall be performed unless the patient declines or "opts out" of the testing. Oral or
written information shall include an explanation of HIV infection and the meanings of
positive and negative test results, and the patient shall be offered an opportunity to ask
questions. Consent for HIV testing shall be incorporated into the patient's general informed
consent for medical care on the same basis as are other screening or diagnostic tests; a
separate consent form for HIV testing shall not be necessary. If a patient declines testing, it
shall be noted in the medical record.

B. Community-based organizations that are funded by the office of public health to
conduct HIV testing services will be required to follow all HIV testing protocols established
by the HIV/AIDS Program of the office of public health.

C. A patient requesting the performance of an HIV-related test shall be provided an
opportunity to remain anonymous by the use of a coded system with no correlation or
identification of the individual's identity to the specific test request or results. In these
instances the identifying information otherwise required by the Louisiana State Sanitary
Code shall not be required. A health care provider that is not able to provide HIV-related
tests on an anonymous basis shall refer, at no extra charge to the individual seeking
anonymity, such individual to a test site that provides anonymous testing. The provisions
of this Subsection shall not apply to inpatients in hospitals.

D. If an individual tests positive for HIV infection, the individual shall be referred
to a health care provider for appropriate HIV-related primary medical care.

E. The provisions of Subsections A through D of this Section shall not apply to the
performance of an HIV-related test:

(1) By a health care provider or health care facility in relation to the procuring,
processing, distributing, or use of a human body or human part, including organs, tissues,
eyes, bones, arteries, blood, semen, or other body fluids, for use in medical research or
therapy, or for transplantation to individuals, as provided in R.S. 40:1113.2.

(2) For purposes of accredited scientific or medical research. Any testing must be
performed in such a manner that the identity of the test subject remains anonymous and may
not be retrieved by any researcher unless specifically authorized.

(3) On a deceased person, when the HIV-related test is conducted to determine the
cause of death or for epidemiological purposes.

(4) On any child taken into custody by the Department of Children and Family
Services, where department officials have cause to believe that the child has been infected
with HIV.

(5) On any child when the child's attending physician reasonably believes such test
to be necessary in order to properly diagnose or treat the child's medical condition and
documents such reason in the child's medical record, including all newborns whose mothers
present for delivery without a diagnostic HIV test on record.

(6) On any person who has been arrested, indicted, or convicted for the crimes of
aggravated or first degree rape, forcible or second degree rape, simple or third degree rape,
or crime against nature as defined by R.S. 14:89(A)(2) when required by a court to undergo
an HIV-related test.

F. Repealed by Acts 2007, No. 153, §2.

*Acts 1991, No. 1054, §1; Acts 2007, No. 153, §§1, 2; Acts 2014, No. 602, §6, eff. June 12, 2014; Redesignated from R.S. 40:1300.13 by HCR 84 of 2015 R.S.; Acts 2015, No. 184, §4.*

##### **§ 40:1171.4** Confidentiality of HIV test result; disclosure {#sec-40-1171.4 omnilex-key=us-la-statutes--rs-title-40--40:1171.4}

A. Except as otherwise provided by law, no person who obtains, retains, or becomes
the recipient of confidential HIV test results in the course of providing any health or social
service or pursuant to a release of confidential HIV test results may disclose such information
pursuant to a written authorization to release medical information when such authorization
contains a refusal to release HIV test results.

B. Notwithstanding the provisions of Subsection A of this Section, HIV test results
may be released to the following:

(1) Any person to whom disclosure of medical information is authorized by law
without the consent of the patient.

(2) Any agent or employee of a health facility or health care provider if:

(a) The agent or employee is permitted access to medical records.

(b) The health facility or health care provider is authorized to obtain the HIV test
results.

(c) The agent or employee provides health care to the patient or maintains or
processes medical records for billing or reimbursement purposes.

(3) A health care provider or health facility, when knowledge of the HIV test results
is necessary to provide appropriate care or treatment to the patient and afford the health care
provider and the personnel of the health facility an opportunity to protect themselves from
transmission of the virus.

(4) A health facility or health care provider, in relation to the procurement,
processing, distributing, or use of a human body or a human body part, including organs,
tissues, eyes, bones, arteries, blood, semen, or other body fluids, for use in medical
education, research, therapy, or transplantation.

(5) Any health facility staff committees or accreditation or oversight review
organizations authorized to access medical records, provided that the committee or
organization shall only disclose confidential HIV test results:

(a) To the facility or provider of a health or social service.

(b) To a federal, state, or local government agency for the purposes of and subject
to the conditions provided in Paragraph (6) of this Subsection.

(c) To carry out the monitoring evaluation, or service for which it was obtained.

(6) A federal, state, parish, or local health officer when the disclosure is mandated
by federal or state law.

(7) An agency or individual in connection with the foster care programs of the
Department of Children and Family Services or an agency or individual in connection with
the adoption of a child.

(8) Any person to whom disclosure is ordered by a court of competent jurisdiction.

(9) An employee or agent of the committee on parole of the Department of Public
Safety and Corrections to the extent that the employee or agent is authorized to access
records containing HIV test results in order to implement the functions, powers, and duties
with respect to the individual patient of the committee on parole, Department of Public
Safety and Corrections.

(10) An employee or agent of the office of probation and parole of the Department
of Public Safety and Corrections, division of correction services, to the extent the employee
or agent is authorized to access records containing HIV test results in order to carry out the
functions, powers, and duties, with respect to patient of the office.

(11) A medical director of a local correctional facility, to the extent the medical
director is authorized to access records containing HIV test results in order to carry out the
functions, powers, and duties with respect to the patient.

(12) An employee or agent of the Department of Public Safety and Corrections, to
the extent the employee or agent is authorized to access records containing HIV test results
in order to carry out the Department of Public Safety and Corrections functions, powers, and
duties with respect to the patient.

(13) An employee or agent who is authorized by Louisiana Works to access records
containing HIV test results in order to carry out Louisiana Works' vocational rehabilitative
services functions, powers, and duties with respect to the protected patient.

(14) An insurer, insurance administrator, self-insured employer, self-insurance trust,
or other person or entity responsible for paying or determining payment for medical services
to the extent necessary to secure payment for those services.

C. A state, parish, or local health officer may disclose confidential HIV test results
when:

(1) Disclosure is specifically authorized or required by federal or state law.

(2) Disclosure is made pursuant to a release of confidential HIV test results.

(3) Disclosure is requested by a physician pursuant to Subsection E of this Section.

(4) Disclosure is authorized by court order.

D. No person to whom confidential HIV test results have been disclosed pursuant
to this Subpart shall disclose the information to another person except as authorized by this
Subpart, provided, however, that the provisions of this Subsection shall not apply to the
individual or to a natural person who is authorized by law to consent to health care for the
individual.

E.(1) A physician may disclose confidential HIV test results under all of the
following conditions:

(a) Disclosure is made to a contact, or to a public health officer for the purpose of
making the disclosure to said contact.

(b) The physician reasonably believes disclosure is medically appropriate, and there
is a significant risk of infection to the contact.

(c) The physician has counseled the patient regarding the need to notify the contact,
and the physician reasonably believes the patient will not inform the contact.

(d) The physician has informed the patient of his or her intent to make such
disclosure to a contact and has given the patient the opportunity to express a preference as
to whether disclosure should be made by the physician directly or to a public health officer
for the purpose of said disclosure. If the patient expresses a preference for disclosure by a
public health officer or by the physician the physician shall honor such preference.

(2) When making such disclosures to the contact, the physician or public health
officer shall provide or make referrals for the provision of the appropriate medical advice and
counseling for coping with the emotional consequences of the knowledge of the information
and for alteration of behavior to prevent transmission or contraction of HIV infection. The
physician or public health officer shall not disclose the identity of the patient or the identity
of any other contact. A physician or public health officer making a notification pursuant to
this Subsection shall make such disclosure in person, except where circumstances reasonably
prevent doing so.

(3) A physician shall have no obligation to identify or locate any contact.

(4) A physician may, upon the consent of a parent or guardian, disclose confidential
HIV test results to a state, parish, or local health officer for the purpose of reviewing the
medical history of a child to determine the fitness of the child to attend school.

(5) A physician may disclose confidential HIV test results pertaining to a patient to
a person authorized by law to consent to health care for the patient when the physician
reasonably believes that disclosure is medically necessary in order to provide timely care and
treatment for the patient and, after appropriate counseling as to the need for such disclosure,
the patient has not and will not inform the person authorized by law to consent to health care.
The physician shall not make such disclosure if, in the judgment of the physician, the
disclosure would not be in the best interest of the patient or of the individual authorized by
law to consent to such care and treatment. Any decision or action by a physician pursuant
to this Paragraph and the basis thereof shall be recorded in the patient's medical record.

F. A physician may choose, notwithstanding any other provision of law to the
contrary, not to disclose the results of a confidential HIV test to a person upon whom such
a test has been performed when in the medical opinion of the physician the disclosure of such
results would be medically contraindicated.

*Acts 1991, No. 1054, §1; Acts 2010, No. 939, §7, eff. July 1, 2010; Redesignated from R.S. 40:1300.14 by HCR 84 of 2015 R.S.*

##### **§ 40:1171.5** Court authorization for disclosure of confidential HIV test results {#sec-40-1171.5 omnilex-key=us-la-statutes--rs-title-40--40:1171.5}

A. Notwithstanding any other provision of law, no court shall issue an order for the
disclosure of confidential HIV test results except a court of record of competent jurisdiction
in accordance with the provisions of this Subpart.

B. A court may grant an order for disclosure of confidential HIV test results upon
an application showing:

(1) A compelling need for disclosure of the information for the adjudication of a
criminal or civil proceeding.

(2) A clear and imminent danger to an individual whose life or health may
unknowingly be at significant risk as a result of contact with the individual to whom the
information pertains.

(3) Upon application of a state, parish, or local health officer, a clear and imminent
danger to the public health.

(4) That the applicant is lawfully entitled to the disclosure and the disclosure is
consistent with the provisions of this Subpart.

C. Upon receiving an application for an order authorizing disclosure pursuant to this
Section, the court shall enter an order directing that all pleadings, papers, affidavits,
judgments, orders of the court, briefs, and memoranda of law which are part of the
application or the decision thereon, be sealed and not made available to any person, except
to the extent necessary to conduct any proceedings in connection with the determination of
whether to grant or deny the application, including any appeal. Such an order shall further
direct that all subsequent proceedings in connection with the application, shall be conducted
in camera, and, where appropriate to prevent the unauthorized disclosure of confidential HIV
test results, that any pleadings, papers, affidavits, judgments, orders of the court, briefs, and
memoranda of law which are part of the application or the decision thereon omit the name
of the individual concerning whom confidential HIV test results are sought.

D.(1) The individual concerning whom confidential HIV test results are sought and
any person holding records concerning confidential HIV test results from whom disclosure
is sought shall be given adequate notice of such application in a manner that shall not
disclose to any other person the identity of the individual, and shall be afforded an
opportunity to file a written response to the application, or to appear in person for the limited
purpose of providing evidence on the statutory criteria for the issuance of an order pursuant
to this Section.

(2) The court may grant an order without such notice and opportunity to be heard,
if an ex parte application by a public health officer shows a clear and imminent danger to an
individual whose life or health may unknowingly be at risk.

(3) The service of a subpoena shall not be subject to this Subsection.

E. In assessing the compelling need and clear and imminent danger, the court shall
provide written findings of fact, including scientific or medical findings, citing specific
evidence in the record that supports each finding, and shall weigh the need for disclosure
against the privacy interest of the protected individual and against the public interest that may
not be served by disclosure which deters future testing or treatment or which may lead to
discrimination.

F. An order authorizing disclosure of confidential HIV test results shall:

(1) Limit disclosure to that information necessary to fulfill the purpose for which the
order is granted.

(2) Limit disclosure to those persons whose need for the information is the basis for
the order, and specifically prohibit additional disclosure by such persons to any other
persons, regardless of whether they are parties to the action.

(3) To the extent possible consistent with this Section, conform to the provisions of
this Subpart.

(4) Include such other measures as the court deems necessary to limit any disclosures
not authorized by its order.

*Acts 1991, No. 1054, §1; Redesignated from R.S. 40:1300.15 by HCR 84 of 2015 R.S.*

##### **§ 40:1172** Redesignated to R.S. 40:1117.1 by HCR 84 of 2015 R.S. {#sec-40-1172 omnilex-key=us-la-statutes--rs-title-40--40:1172}

*Redesignated to R.S. 40:1117.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1173** §§1173, 1174 Repealed by Acts 1958, No. 34, §2 {#sec-40-1173 omnilex-key=us-la-statutes--rs-title-40--40:1173}

*§§1173, 1174 Repealed by Acts 1958, No. 34, §2*

#### **SUBPART C** LOUISIANA HEALTHCARE CONSUMERS' RIGHT TO KNOW

##### **§ 40:1173.1** Findings; legislative intent {#sec-40-1173.1 omnilex-key=us-la-statutes--rs-title-40--40:1173.1}

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.*

##### **§ 40:1173.2** Definitions {#sec-40-1173.2 omnilex-key=us-la-statutes--rs-title-40--40:1173.2}

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.*

##### **§ 40:1173.3** Data collection; powers and duties of the Louisiana Department of Health {#sec-40-1173.3 omnilex-key=us-la-statutes--rs-title-40--40:1173.3}

The department, through the office of public health and in consultation with the
Health Data Panel, shall:

(1) Identify and define the healthcare cost, quality, and performance data elements
to be reported to the department in accordance with existing national and international data
standards for facilitating meaningful comparison by consumers of costs for specific
healthcare services and specific quality of care measures between and among medical
facilities, healthcare providers, and health plans. Such data elements shall include, without
limitation, the items specified in Paragraph (9) of this Subsection.

(2) Develop standards of accuracy, quality, timeliness, economy, and efficiency for
the provision of data.

(3) Identify the most practical methods to collect, transmit, and share required
healthcare data as described in this Subpart.

(4) Utilize, wherever practical, existing administrative data bases, and modalities of
data collection to provide the required data.

(5) Ensure confidentiality of patients by enforcing appropriate rules and regulations
at least as stringent as those regulations applicable to covered entities promulgated under
HIPAA privacy regulations, 45 CFR Part 164.

(6) Maintain the computerized database of personal health information of consumers
in a secure environment in compliance with federal laws providing for the security of the
system containing such data. In the event of a known or suspected data breach, the
department shall, within thirty days of the breach, notify each resident of the state whose
personal information was, or is reasonably believed to have been, acquired by an
unauthorized person.

(7) Coordinate with the Louisiana Department of Insurance on all matters of health
plan cost, quality, and performance data to be collected from health plans licensed to offer
health insurance coverage in Louisiana. Such data shall exclude premium data and
information related to the development of premiums.

(8) Include, when appropriate, risk-adjustment measures into the production of all
healthcare cost, quality, and performance data issued to account for variation in facility size,
location, and patient acuity levels.

(9)(a) Provide the process for Internet publication of provider and health plan specific
cost, quality, and performance data collected pursuant to this Subpart for access and use by
a consumer or requesting entity. At minimum, this data shall include all of the following
items:

(i) Healthcare quality information that is easily understandable by the average
consumer and is published in a format that allows the user to compare such information
across providers to the extent practicable.

(ii) Data related to payments for health services rendered by healthcare facilities and
practitioners published in an interactive format from which the user can generate reports of
such data.

(iii) Data identifying at least fifteen of the most commonly used diagnosis codes, at
least fifteen of the most commonly used procedure codes, and any emerging health trends for
diagnosis and treatment related to hospitalization. The department shall publish this data in
a format that facilitates comparison of the data from hospitals and other licensed health
facilities of this state to similar data for medical care rendered in other states, to the extent
that such data is available.

(iv) A list of the hospitals and other licensed health facilities that are in compliance
with the reporting requirements promulgated by the department, and a list of the hospitals
and other licensed health facilities that are not in compliance with such requirements.

(b) The department shall update the information provided for in this Paragraph at
least annually.

(10) Ensure that data released pursuant to this Subpart shall not include any identifier
which is listed in 45 CFR 164.514(b) as being necessary to be removed in order for the data
to be de-identified within the meaning of 45 CFR 164.514(a).

(11) Promulgate rules and regulations, in accordance with the Administrative
Procedure Act, to carry out the provisions of this Subpart.

*Acts 1997, No. 622, §1, eff. July 3, 1997; Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.113 by HCR 84 of 2015 R.S.; Acts 2015, No. 338, §§1, 2; Acts 2018, No. 206, §4.*

##### **§ 40:1173.4** Health Data Panel; advisory council to the secretary of the Louisiana Department of Health {#sec-40-1173.4 omnilex-key=us-la-statutes--rs-title-40--40:1173.4}

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.*

##### **§ 40:1173.5** Release of information {#sec-40-1173.5 omnilex-key=us-la-statutes--rs-title-40--40:1173.5}

A. To ensure the privacy and protection of Louisianans' health information, the
department shall not release confidential or protected health information collected from
hospitals and other healthcare providers pursuant to this Subpart. The department shall
adhere to and comply fully with appropriate privacy protection protocols that are at least as
stringent as the HIPAA Privacy Rule.

B. Notwithstanding Subsection A of this Section, the department may release data
collected pursuant to this Subpart for the purpose of conducting healthcare research which
is a systematic investigation, including research development, testing, and evaluation,
designed to develop or contribute to generalizable knowledge. All requests for data collected
pursuant to this Subpart shall be submitted to the department and reviewed by the
department's Institutional Review Board. The department shall deny any requests for data
that it determines will be utilized for business or commercial purposes, including but not
limited to market analysis and software development. The department shall have one
representative of the provider group whose data is subject to the data release on the
Institutional Review Board.

C. Each data request shall state the proposed use of the data requested and include
an affirmation by the recipient that no attempt will be made to combine patient-level data
provided for in the request with other data to identify patients and that no confidential
information shall be released.

D. The department shall inform the Health Data Panel prior to the release of
requested data collected pursuant to this Subpart.

*Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.115 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.*

##### **§ 40:1173.6** Violations; penalties {#sec-40-1173.6 omnilex-key=us-la-statutes--rs-title-40--40:1173.6}

A. All state agencies and health professional licensing, certification, or registration
boards and commissions, which collect, maintain, or distribute health data, shall provide to
the department such data as are necessary for the department to carry out its responsibilities
as defined in this Subpart.

B. All healthcare providers licensed by the state, including but not limited to
hospitals, outpatient surgical facilities, and outpatient clinical facilities shall submit
information in the manner and form prescribed in rules and regulations promulgated by the
department pursuant to this Subpart.

C. Any person, firm, corporation, organization, or institution that violates any of the
provisions of this Subpart or any rules and regulations promulgated thereunder regarding
patient confidentiality of information shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than five hundred dollars nor more than one
thousand dollars or by imprisonment not exceeding one month, or both. Each day of the
violation shall constitute a separate offense.

D. Any person, firm, corporation, organization, or institution knowingly violating any
of the provisions of this Subpart or any rules and regulations promulgated thereunder shall
be guilty of a misdemeanor and upon a plea of guilty, a plea of nolo contendere or
conviction, shall be punished by a fine of not more than one thousand dollars.

E. Renewal of state licenses issued by the Louisiana Department of Health,
Department of Insurance, or health professional licensing, certification, or registration boards
and commissions shall be predicated in part on compliance with data reporting requirements
of this Subpart and rules and regulations promulgated thereunder. Prior to relicensing, the
secretary shall confirm compliance with data reporting requirements in writing to the
appropriate permitting or licensing authority. The permit, certification, or license of any
healthcare provider, health plan, or facility covered by this Subpart shall be suspended until
such time as the required data is submitted to the department.

*Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.116 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.*

#### **SUBPART D** RIGHT TO CHIROPRACTIC CARE

##### **§ 40:1175.1** Chiropractic care; freedom of choice {#sec-40-1175.1 omnilex-key=us-la-statutes--rs-title-40--40:1175.1}

No agency of the state, parish or municipality, under the laws of the state of
Louisiana, shall deny to the recipients or beneficiaries of their aid or services the freedom to
choose a duly licensed chiropractor as the provider of care or services which are within the
scope of practice of the profession of chiropractic as defined in R.S. 37:2801(3).

*Added by Acts 1977, No. 501, §1; Redesignated from R.S. 40:1299.65 by HCR 84 of 2015 R.S.*

##### **§ 40:1181** Redesignated to R.S. 40:1115.1 by HCR 84 of 2015 R.S. {#sec-40-1181 omnilex-key=us-la-statutes--rs-title-40--40:1181}

*Redesignated to R.S. 40:1115.1 by HCR 84 of 2015 R.S.*

#### **SUBCHAPTER B** HEALTHCARE FACILITIES

#### **PART I** COOPERATIVE ENDEAVOR AGREEMENTS FOR NONSTATE GOVERNMENTAL HOSPITALS

##### **§ 40:1181.1** Nonstate governmental hospitals; cooperative endeavor agreements {#sec-40-1181.1 omnilex-key=us-la-statutes--rs-title-40--40:1181.1}

A nonstate governmental hospital may enter into a cooperative endeavor agreement
with other hospitals, persons, or entities which includes the transfer of funds for the provision
of health care services and such transfer shall be considered to be for a public purpose within
the meaning of Paragraph C of Section 14 of Article VII of the Constitution of Louisiana.

*Acts 2011, No. 310, §1, eff. June 28, 2011; Redesignated from R.S. 40:1300.341 by HCR 84 of 2015 R.S.*

#### **PART II** FEDERALLY QUALIFIED HEALTH CENTER PRESERVATION ACT

##### **§ 40:1183.1** Short title {#sec-40-1183.1 omnilex-key=us-la-statutes--rs-title-40--40:1183.1}

This Part may be cited as the "Federally Qualified Health Center Preservation Act".

*Acts 1997, No. 1473, §1; Redesignated from R.S. 40:1300.131 by HCR 84 of 2015 R.S.*

##### **§ 40:1183.2** Legislative findings; purpose {#sec-40-1183.2 omnilex-key=us-la-statutes--rs-title-40--40:1183.2}

A. The legislature finds that:

(1) Federally qualified health centers (FQHCs) provide most of the healthcare
services required by a substantial number of low-income residents living in the state and
therefore constitute an invaluable part of the healthcare delivery system of the state.

(2) Residents living in rural and medically underserved communities, which consist
of sixty-two of the sixty-four Louisiana parishes, have a poorer health status than residents
living in other communities in the state and lack access to adequate health care.

(3) FQHCs are in poor financial condition as a result of payment reductions in the
Medicare and Medicaid programs and as a result of the advent and penetration of managed
care in the state.

(4) FQHCs have a difficult time attracting and retaining physicians in their service
areas, thereby resulting in a continued shortage of primary health care in the state's medically
underserved communities.

(5) Absent intervention, continued reductions in the Medicare and Medicaid
programs, as well as changes in healthcare reimbursement methodologies and the continued
spread of managed care, may result in the closure of the state's FQHCs, thereby jeopardizing
the very existence of a vital link in the healthcare delivery system for residents residing in
medically underserved areas of the state.

(6) FQHCs constitute, in most cases, an important employer of residents from the
economically and health distressed areas they serve and thus create a vital economic
component of their local communities.

B. The legislature hereby declares an emergency finding that, absent the enactment
of the following provisions, the very existence of Louisiana's FQHCs are imperiled. The
legislature hereby declares that the purpose of this Part is to assure the continued viability
of FQHCs. To that end, the provisions of this Part shall be construed liberally and in favor
of the purposes of this Part.

*Acts 1997, No. 1473, §1; Redesignated from R.S. 40:1300.132 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1183.3** Definitions {#sec-40-1183.3 omnilex-key=us-la-statutes--rs-title-40--40:1183.3}

As used in this Part:

(1) "Cost related to patient care" means all reasonable costs of outpatient and health
services related care of Medicaid beneficiaries determined in accordance with Medicare
regulations governing cost-based reimbursement promulgated by the Health Care Financing
Administration, United States Department of Health and Human Services, establishing the
method or methods to be utilized and the items to be included in determining such costs
related to patient care.

(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 for medical care of the poor.

(3) "FQHC" means a facility which is engaged in furnishing primary health services
to outpatients by physicians, physician assistants or nurse practitioners, including but not
limited to health services related to family medicine, internal medicine, pediatrics, obstetrics,
and gynecology and such services and supplies incident thereto. Such facility shall serve a
medically underserved population, meaning the population of an urban or rural area
designated by the secretary of the Department of Health and Human Services as an area with
a shortage of personal health services or a population group designated by the secretary as
having a shortage of such services, such as migratory and seasonal agricultural workers, the
homeless, residents of public housing, or students and other family members of students of
a particular school or schools. Such a facility shall have been designated as a federally
qualified health center by the secretary of the Department of Health and Human Services and
shall be receiving grants or loans as may be granted by the secretary under 42 U.S.C. 254b.

(4) "Net uncompensated costs" means the costs related to patient care incurred
during a provider's fiscal year of furnishing outpatient services, net of the cost of treating
Medicare patients, Medicaid payments for inpatient and outpatient services, excluding
disproportionate share payments, costs associated with patients who have insurance for
services provided, and payments received from uninsured patients.

(5) "State plan for medical assistance" means the plan promulgated by the
department in accordance with its role as a designated state agency under Title XIX of the
Social Security Act, or its successor plan including but not limited to block grants for
medical care to the poor.

*Acts 1997, No. 1473, §1; Acts 2004, No. 36, §1; Redesignated from R.S. 40:1300.133 by HCR 84 of 2015 R.S.*

##### **§ 40:1183.4** Medical assistance programs; FQHC reimbursement {#sec-40-1183.4 omnilex-key=us-la-statutes--rs-title-40--40:1183.4}

A. The department shall adopt regulations that provide the following:

(1) A Medicaid cost-based reimbursement methodology that reimburses FQHCs for
all costs related to patients, utilizing the most recent cost report information available to the
department. The department shall seek to ensure that the reimbursement will be available
to FQHCs under the Medicaid program, either through payments received by FQHCs from
managed care organizations contracting with the department or its designee, or through
supplemental payments as necessary from the department based on availability of funds to
the extent permitted by federal law.

(2) With respect to disproportionate share payment methodologies, a reimbursement
methodology that reimburses for all net uncompensated costs for services delivered on an
outpatient basis through contracts with disproportionate share hospitals in an integrated
delivery system arrangement to the extent permitted by federal law and based on availability
of funds.

B. The regulations promulgated pursuant to Subsection A of this Section shall be
promulgated no later than one hundred twenty days after August 15, 1997. No later than one
hundred twenty days after August 15, 1997, the department shall also submit to the secretary
of the United States Department of Health and Human Services those amendments to the
state plan for medical assistance necessary to conform the state plan for medical assistance
with the provisions of Subsection A of this Section.

C. As of January 1, 2001, the department shall reimburse FQHCs for the delivery of
Medicaid services as provided in Sections 1902(a)(15) and 1902(aa) of the Social Security
Act, as added by Title VII Section 702 of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000, hereinafter referred to as "BIPA" and included as
Appendix F of the Consolidated Appropriations Act of 2000, P.L. 106-554, and any pursuant
federal regulations.

D.(1) To the extent the department is unable to implement BIPA as of January 1,
2001, it shall reimburse FQHCs pursuant to BIPA requirements retroactive to January 1,
2001, but in no event shall such implementation begin any later than and in no event shall
such retroactive payment be made any later than July 1, 2002.

(2) In the event that the department chooses to apply an alternative payment
methodology to FQHCs as allowed under Section 1902(aa)(6), as amended by BIPA, such
methodology must be agreed to by the FQHC and cannot result in any less payment than the
FQHC would receive pursuant to the payment methodology set out in Section 1902(aa)(1)
through (5) of BIPA.

*Acts 1997, No. 1473, §1; Acts 2001, No. 952, §1; Redesignated from R.S. 40:1300.134 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1185.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1185.1 omnilex-key=us-la-statutes--rs-title-40--40:1185.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1185.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-1185.2 omnilex-key=us-la-statutes--rs-title-40--40:1185.2}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1185.3** Repealed by Acts 2022, No. 252, §3. {#sec-40-1185.3 omnilex-key=us-la-statutes--rs-title-40--40:1185.3}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1185.4** Repealed by Acts 2022, No. 252, §3. {#sec-40-1185.4 omnilex-key=us-la-statutes--rs-title-40--40:1185.4}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1185.5** Repealed by Acts 2022, No. 252, §3. {#sec-40-1185.5 omnilex-key=us-la-statutes--rs-title-40--40:1185.5}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1185.6** Repealed by Acts 2022, No. 252, §3. {#sec-40-1185.6 omnilex-key=us-la-statutes--rs-title-40--40:1185.6}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART IV** NOTIFICATION TO LAW ENFORCEMENT AGENCY

##### **§ 40:1187.1** Notification of law enforcement agency prior to discharge of a person issued a summons or arrest warrant and admitted to a hospital {#sec-40-1187.1 omnilex-key=us-la-statutes--rs-title-40--40:1187.1}

A. A hospital shall notify the appropriate arresting or investigating law enforcement
agency that a doctor has ordered the discharge of a patient from the hospital as soon as
reasonably possible after the order has been written, if all of the following conditions exist:

(1) The law enforcement agency has certified in writing that the patient has been
issued a summons or arrest warrant for an offense, but as a result of the need for emergency
medical care, the warrant has not been executed prior to admission to the hospital.

(2) The law enforcement agency has provided the hospital with a written request to
be informed upon the discharge of the patient from the hospital.

(3) The law enforcement agency has provided contact information for use by the
hospital in making the notification.

B. No hospital shall be held civilly liable to any person for failure to comply or to
timely comply with the requirements of this Section unless that failure is intentional or due
to gross negligence.

C. As used in this Section, "hospital" means any institution, place, building, or
agency, public or private, whether for profit or not, with facilities for the diagnosis,
treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity
or other physical condition for which obstetrical, medical, or surgical services would be
available and appropriate and which operates or is affiliated with facilities for the overnight
care, observation, or recovery of those persons.

*Acts 2006, No. 327, §1; Redesignated from R.S. 40:1300.271 by HCR 84 of 2015 R.S.*

#### **PART V** RURAL HOSPITAL PRESERVATION ACT

##### **§ 40:1189.1** Short title {#sec-40-1189.1 omnilex-key=us-la-statutes--rs-title-40--40:1189.1}

This Part may be cited as the "Rural Hospital Preservation Act".

*Acts 1997, No. 1485, §1; Redesignated from R.S. 40:1300.141 by HCR 84 of 2015 R.S.*

##### **§ 40:1189.2** Legislative findings; purpose {#sec-40-1189.2 omnilex-key=us-la-statutes--rs-title-40--40:1189.2}

A. The legislature finds that:

(1) Small rural hospitals provide most of the healthcare services required by a
substantial number of low-income rural residents living in the state and therefore constitute
an invaluable part of the healthcare delivery system of the state.

(2) Residents living in rural areas of the state, which consist of sixty-four percent of
the state's parishes, are in poorer health than residents living in the urban areas of the state
and lack adequate public transportation.

(3) Small rural hospitals are in poor financial condition as a result of payment
reductions in the Medicare and Medicaid programs and as a result of the advent and
penetration of managed care in the state.

(4) Small rural hospitals have a difficult time attracting physicians to practice in their
service areas, thereby resulting in a continued shortage of primary health care in the state's
rural areas.

(5) Absent intervention, continued reductions in the Medicare and Medicaid
programs, as well as changes in healthcare reimbursement methodologies and the continued
spread of managed care, have caused and will continue to cause the closure of many of the
state's small rural hospitals, thereby jeopardizing the very existence of a vital link in the
healthcare delivery system for residents residing in rural areas of the state.

(6) Rural hospitals constitute, in many instances, the largest single employer of
residents in areas served by them and thus constitute a vital economic component of many
rural parish economies.

(7) The enactment of the Rural Hospital Preservation Act has preserved Louisiana's
rural hospitals, a key component of the state's healthcare safety net which is essential to
ensuring access to healthcare for Louisiana's rural residents.

(8) The Rural Hospital Preservation Act requires the department to maximize
Medicaid reimbursement, including disproportionate share reimbursement, to rural hospitals.

(9) Congress has established a federal cap on each state's allotment of Medicaid
disproportionate share reimbursement, and Louisiana's disproportionate share expenditures
are approaching the federal cap.

(10) Unreimbursed rural hospital Medicaid inpatient and outpatient costs, including
the costs associated with the services provided at rural health clinics that are licensed as part
of a rural hospital, are currently eligible for reimbursement under Louisiana's Medicaid
disproportionate share program.

(11) There is no federal cap on Medicaid reimbursement unrelated to the
disproportionate share program.

(12) It is in the state's interest to reduce rural hospital dependence on Medicaid
disproportionate share reimbursement by increasing Medicaid reimbursement for rural
hospital inpatient and outpatient services, including costs associated with services provided
at rural health clinics that are licensed as part of a rural hospital.

(13) Increasing rural hospital inpatient and outpatient reimbursement under Medicaid
will increase the disproportionate share hospital funding available to the state for non-rural,
hospital-related disproportionate share hospital payments, thereby permitting the state to
meet additional hospital-related uncompensated care needs.

B. The legislature hereby declares that, absent the enactment of the following
provisions, the very existence of Louisiana's small rural hospital is imperiled. The legislature
hereby declares that the purpose of this Part is to assure the continued viability of rural
hospitals.

*Acts 1997, No. 1485, §1; Acts 2007, No. 327, §1, eff. July 9, 2007; Redesignated from R.S. 40:1300.142 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1189.3** Definitions {#sec-40-1189.3 omnilex-key=us-la-statutes--rs-title-40--40:1189.3}

As used in this Part:

(1) "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.

(2) "Emergency medical condition" means acute symptoms of sufficient severity
such that the absence of immediate medical attention could reasonably be expected to result
in any one or more of the following:

(a) Placing the health of the individual in serious jeopardy, including the health of
the unborn child in the case of a pregnant woman.

(b) Serious impairment to any bodily function.

(c) Serious dysfunction of any bodily part.

(3) "Health care provider" means an individual, person, corporation, facility, or
institution licensed by the state to provide health care or professional services as a physician,
nurse, or allied health professional.

(4) "Prospective rates approximating cost" means the median cost of a rural hospital
providing inpatient acute or inpatient psychiatric services plus ten percent, which cost has
been inflated by the Medicare market basket inflation factor to the midpoint of the state's
fiscal year in which services may be furnished. The median cost and rates shall be re-based
by the department at least every other year using the most current rural hospital cost reports
on file with the department.

(5) "Public rural hospital" means a rural hospital owned or operated by a political
subdivision of the state, including but not limited to a hospital service district, parish, or
municipality.

(6) "Reasonable cost" means the cost of hospital outpatient services, including
without limitation provider-based rural health clinics, utilizing Medicare cost reimbursement
principles applicable to the respective rural hospital, including hospital-based rural health
clinics licensed as hospital departments. In the event a more limited definition of reasonable
cost is required to obtain federal approval for the related state plan amendment for those rural
hospitals that are reimbursed under Medicare's Prospective Payment System, hereinafter
referred to as "PPS", the department shall utilize the most liberal definition of "reasonable
cost" for such rural PPS hospitals that is acceptable to the United States Department of
Health and Human Services, Centers for Medicare and Medicaid Services, hereinafter
referred to as "CMS".

(7)(a) "Rural hospital" means a hospital licensed by the department which meets one
of the following criteria:

(i) Has no more than sixty hospital beds as of July 1, 1994; and

(aa) Is located in a parish with a population of less than fifty thousand; or

(bb) Is located in a municipality with a population of less than twenty thousand.

(ii) Meets the qualifications of a sole community hospital under 42 CFR 412.92(a);
or met the qualifications of a sole community hospital as of June 30, 2005, and subsequently
converted to critical access hospital status.

(iii) Has no more than sixty hospital beds as of July 1, 1999, and is located in a
parish with a population, as measured by the 1990 census, of less than seventeen thousand.

(iv) Has no more than sixty hospital beds as of June 30, 2000, and is located in a
municipality with a population, as measured by the 1990 census, of less than twenty
thousand.

(v) Has no more than sixty beds as of July 1, 1997, and is located in a parish with a
population, as measured by the 1990 and 2000 censuses, of less than fifty thousand.

(vi) Was a hospital facility licensed by the department that had no more than sixty
hospital beds as of July 1, 1994, which hospital facility has been in continuous operation
since July 1, 1994, is currently operating under a license issued by the department, and is
located in a parish with a population, as measured by the 1990 census, of less than fifty
thousand.

(vii) Has no more than sixty hospital beds or has notified the Louisiana Department
of Health as of March 7, 2002 of its intent to reduce its number of hospital beds to no more
than sixty, and:

(aa) Is located, as measured by the 2000 census, in a municipality with a population
of less than thirteen thousand; and

(bb) Is located, as measured in the 2000 census, in a parish with a population of less
than thirty-two thousand.

(viii) Has no more than sixty hospital beds as of May 1, 2001, and:

(aa) Is located, as measured by the 2000 census, in a municipality with a population
of less than five thousand five hundred; and

(bb) Is located, as measured by the 2000 census, in a parish with a population of less
than forty-two thousand.

(ix) Has no more than sixty hospital beds as of September 26, 2002, and:

(aa) Is located, as measured by the 2000 census, in a municipality with a population
of less than ten thousand; and

(bb) Is located, as measured by the 2000 census, in a parish with a population of less
than thirty-three thousand.

(x) Has no more than sixty hospital beds as of January 1, 2003, and:

(aa) Is located, as measured by the 2000 census, in a municipality with a population
of less than eleven thousand; and

(bb) Is located, as measured by the 2000 census, in a parish with a population of less
than ninety thousand.

(xi) Has no more than sixty hospital beds or has notified the Louisiana Department
of Health as of May 16, 2003, of its intent to reduce its number of hospital beds to no more
than sixty, and:

(aa) Is located, as measured by the 2000 census, in a municipality with a population
of less than seven thousand.

(bb) Is located, as measured by the 2000 census, in a parish with a population of less
than fifty-three thousand.

(cc) Is located within ten miles of a United States military base.

(xii) Notwithstanding the provisions of Subparagraphs (7)(c) and (d) of this Section,
has no more than forty beds as of January 1, 2005, and:

(aa) Is located, as measured by the 2000 census, in a municipality with a population
of less than three thousand one hundred.

(bb) Is located, as measured by the 2000 census, in a parish with a population of less
than fifteen thousand eight hundred.

(xiii) Notwithstanding the provisions of Subparagraphs (7)(c) and (d) of this Section,
has no more than sixty hospital beds as of November 1, 2013, and:

(aa) Is located, as measured by the 2000 census, in a municipality with a population
of less than thirty-three thousand.

(bb) Is located, as measured by the 2000 census, in a parish with a population of less
than sixty-eight thousand.

(cc) Is located within three miles of Jackson Barracks.

(b) "Rural hospital" does not mean a long-term care hospital, a rehabilitation
hospital, or a free-standing psychiatric hospital.

(c) For purposes of this Section, no hospital shall be designated as a "rural hospital"
that was not downsized to sixty beds by May 16, 2003 and was not so designated prior to
July 1, 2003.

(d) Notwithstanding anything to the contrary in this Section, no hospital shall be
eligible to receive disproportionate share funds contingent upon Centers for Medicare and
Medicaid Services approval unless designated as a "small rural hospital" and it has been
annually certified by the Rural Hospital Coalition, Inc., as an entity eligible for assistance
from Building Healthy Communities, Inc.

(8) "State plan for medical assistance" means the plan promulgated by the
department in accordance with its role as designated state agency under Title XIX of the
Social Security Act, or its successor plan, including but not limited to any plan adopted
pursuant to any federal law creating block grants or other funding for medical care of the
poor.

*Acts 1997, No. 1485, §1; Acts 1999, No. 1068, §1; Acts 2001, No. 1074, §1, eff. June 28, 2001; Acts 2002, 1st Ex. Sess., No. 35, §1, eff. April 18, 2002; Acts 2003, No. 526, §1, eff. June 23, 2003; Acts 2003, No. 1148, §1, eff. July 2, 2003; Acts 2003, No. 1191, §3, eff. July 3, 2003; Acts 2004, No. 684, §1; Acts 2005, No. 323, §1; Acts 2007, No. 224, §1, eff. July 2, 2007; Acts 2007, No. 327, §1, eff. July 9, 2007; Acts 2007, No. 431, §1; Acts 2008, No. 389, §1; Acts 2010, No. 147, §1; Redesignated from R.S. 40:1300.143 by HCR 84 of 2015 R.S.*

##### **§ 40:1189.4** Medical assistance programs; rural hospital reimbursement {#sec-40-1189.4 omnilex-key=us-la-statutes--rs-title-40--40:1189.4}

A. The department shall adopt rules and regulations in accordance with the
Administrative Procedure Act that provide the following:

(1) Allow a rural hospital to certify as a contributing public agency, public funds as
representing expenditures eligible for federal financial participation in the Medicaid program
to the extent authorized by federal law. The expenditure of such funds shall be in accordance
with rules promulgated by the department.

(2)(a) Maximize funding for services rendered by rural hospitals to the extent
allowed by federal law and in amounts that may be appropriated by the legislature relative
to the use of Medicaid disproportionate share reimbursement and Medicaid reimbursement.
To the extent that intergovernmental transfers and the certification of eligible expenditures
are available for recognition of state match for such Medicaid disproportionate share
payments and Medicaid reimbursement, the department shall maximize the use of such
amounts for the benefit of rural hospitals to increase access to health care for Medicaid and
LaCHIP beneficiaries as well as indigent individuals.

(b) Notwithstanding any law to the contrary, by September 1, 2007, the department
shall file a state plan amendment with CMS amending the Medicaid state plan provisions
governing Medicaid hospital reimbursement to provide that a rural hospital, as defined in
R.S. 40:1189.3, shall be reimbursed at a rate which equals or approximates one hundred ten
percent, or, if a reduction is required by CMS, the maximum amount acceptable to CMS, but
in no event less than one hundred percent, of the appropriate reasonable cost of providing
hospital inpatient and outpatient services, including but not limited to services provided in
a rural health clinic licensed as part of a rural hospital. The new rural hospital payment
methodology shall utilize prospective rates approximating costs at the time of service for
inpatient acute and psychiatric services. To ensure that rural hospital outpatient services,
including those currently reimbursed on a cost basis and those currently reimbursed on a fee
schedule are reimbursed in the aggregate at one hundred ten percent of the reasonable costs
or such lesser amounts as approved by CMS, but in no event less than one hundred percent
of their reasonable costs, the department shall pay an interim rate for cost-based outpatient
services at one hundred ten percent of reasonable cost during the year and for fee-based
services paid on a claim-by-claim basis, and the department shall make quarterly estimates
of a supplemental payment required to bring the hospital's reimbursement for such services
up to one hundred percent of reasonable costs and immediately remit such payments to the
hospital and at final settlement pay such amounts as necessary to ensure that all outpatient
services in the aggregate (cost based and fee schedule) are paid at one hundred ten percent
of reasonable costs.

(c) On an expedited basis, the department shall take all steps necessary and available
to obtain CMS approval for the state plan amendment and shall, immediately upon
notification of such approval, promulgate an emergency rule to implement the state plan
amendment.

(d) Once the outpatient cost-based reimbursement payment methodology is
implemented, the department shall set and monitor interim payment rates to minimize the
amount of annual cost settlements.

(e) For cost reporting periods ending after July 1, 2008, the department shall pay
seventy-five percent of interim rural hospital outpatient cost report settlement amounts due
and one hundred percent of final rural hospital outpatient cost report settlement amounts due
within fourteen days of receipt by the department of such reports from the Medicaid audit
contractor.

(f) The new rural hospital payment methodology shall be effective for services
provided on or after July 1, 2008, or as soon thereafter as may be permitted by federal law.

(3)(a) With respect to reimbursement for services furnished in another state, the
department shall insure that reimbursement for such services shall be the lesser of the
payment for such services by the state wherein such hospital is located or the department's
payment made to like in-state providers. The department shall provide coverage for such
services to the same extent that it would pay for services furnished within the boundaries of
this state, only if any of the following conditions is met:

(i) Medical services are needed because of a medical emergency.

(ii) Medical services are needed and the recipient's health would be endangered if
he were required to travel to his state or residence.

(iii) The state determines, on the basis of medical advice, that the needed medical
services are necessary supplementary resources, and more readily available in the other state.

(iv) It is general practice for recipients in a particular locality to use medical
resources in another state.

(b) In the event federal requirements for the state plan for medical assistance permit
the department to impose further restrictions on payment for and coverage of medical
services to Louisiana Medicaid patients rendered by out-of-state providers, the department
shall promulgate regulations restricting payment for and coverage of such services to the
fullest extent permitted by law. Such restrictions shall include lowering the rate of
reimbursement provided for services rendered to out-of-state hospitals to the payment for
such services by the state wherein such hospital is located, the department's payment made
to like in-state providers, or the average rate paid to Louisiana rural hospitals located in the
state, whichever is the least.

(c) The secretary of the department may negotiate a higher rate of reimbursement to
an out-of-state hospital in the event that a Louisiana Medicaid recipient requires services that
cannot be provided by any Louisiana hospital or provider and when these services can only
be provided by an out-of-state provider.

(4)(a) Effective for services provided on or after July 1, 2010, or as soon thereafter
as may be permitted by federal law, the department shall develop and implement, by
emergency rule, a payment methodology which optimizes Medicaid inpatient and outpatient
payments to rural hospitals. Payments shall be developed utilizing available Medicare upper
payment limits for inpatient and outpatient services in accordance with state and federal law.
Calculated payments shall be distributed to qualifying rural hospitals no less than quarterly,
or as authorized by federal law.

(b) After federal funds are optimized, the remaining appropriated funds for rural
hospitals may be utilized to develop a state-only funded program to provide direct funds to
qualifying rural hospitals to support access to services that would not be available otherwise.
In the event the amount appropriated for such state-only funded program is insufficient in any
state fiscal year to meet the total payments required by all rural hospitals to recover payment
reductions, the payments to qualifying rural hospitals under this state-only funded program
may be reduced proportionately.

(c) The department shall review Medicaid and uninsured cost information, payment
information, patient charges, and hospital financial statements to the extent required by state
or federal law to determine the optimal combination of payments.

(d) Rural hospitals that do not provide the minimum set of documentation required
in Subparagraph (4)(c) of this Section to determine the optimal combination of payments
shall not be eligible for additional payments.

(e) The department is hereby authorized to publish and promulgate rules, in
accordance with the Administrative Procedure Act, to implement the provisions of this
Paragraph.

B. The rules and regulations promulgated pursuant to Subsection A of this Section
shall be promulgated no later than one hundred twenty days after August 15, 1997. No later
than one hundred twenty days after August 15, 1997, the department shall also submit to the
secretary of the United States Department of Health and Human Services those amendments
to the state plan for medical assistance necessary to conform the state plan for medical
assistance with the provisions of Subsection A of this Section.

*Acts 1997, No. 1485, §1; Acts 1999, No. 1068, §1; Acts 2001, No. 775, §1; Acts 2007, No. 327, §1, eff. July 9, 2007; Acts 2010, No. 883, §1; Redesignated from R.S. 40:1300.144 by HCR 84 of 2015 R.S.*

##### **§ 40:1189.5** Managed care organizations {#sec-40-1189.5 omnilex-key=us-la-statutes--rs-title-40--40:1189.5}

Managed care organizations, including but not limited to health maintenance
organizations, other entities authorized by law to bear risk for the payment of health care
services, and preferred provider organizations, which offer health services in the state
through health service plans offered to Louisiana residents directly or indirectly, except with
respect to a qualified benefit plan governed by ERISA, shall, in parishes in which enrollees
or beneficiaries of the organization reside or in parishes which the organization services,
offer rural hospitals and hospitals located in parishes with a population of sixty-five thousand
or less, and physicians practicing at such hospitals, participation as providers in the managed
care organizations on terms and conditions that are no more restrictive than applicable to
other hospitals and physicians practicing at such hospitals. To qualify for participation in
health services plans offered by managed care organizations, such hospitals may obtain either
Medicare certification from the United States Department of Health and Human Services or
accreditation by the Joint Commission on Accreditation of Healthcare Organizations. The
provisions of this Section shall not apply to any plan offered through the Office of Group
Benefits.

*Acts 1997, No. 1485, §1; Acts 2001, No. 1178, §4, eff. June 29, 2001; Redesignated from R.S. 40:1300.145 by HCR 84 of 2015 R.S.*

##### **§ 40:1189.6** Repealed by Acts 2022, No. 252, §3. {#sec-40-1189.6 omnilex-key=us-la-statutes--rs-title-40--40:1189.6}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1189.7** Authorized activities concerning health care providers and public rural hospitals {#sec-40-1189.7 omnilex-key=us-la-statutes--rs-title-40--40:1189.7}

A. Notwithstanding any law to the contrary, a public rural hospital may employ a
health care provider on a part-time basis. As used in this Subsection, "part-time basis" means
twenty or fewer hours of work per calendar week.

B. Notwithstanding any law to the contrary, a public rural hospital may lease, at fair
market value, a portion or all of a facility or equipment to a health care provider employed
by the hospital on a part-time basis for the provision of health care services and a health care
provider employed on a part-time basis by a public rural hospital may lease, at fair market
value, a portion or all of a facility or equipment to the hospital for the provision of health
care services.

*Acts 2007, No. 224, §1, eff. July 2, 2007; Redesignated from R.S. 40:1300.147 by HCR 84 of 2015 R.S.*

#### **PART VI** BEDDING AND UPHOLSTERED FURNITURE LAW

##### **§ 40:1191** §§1191 to 1208 Repealed by Acts 1985, No. 199, §1, eff. July 6, 1985. {#sec-40-1191 omnilex-key=us-la-statutes--rs-title-40--40:1191}

*§§1191 to 1208 Repealed by Acts 1985, No. 199, §1, eff. July 6, 1985.*

#### **PART VI** DISPOSITION OF FETAL REMAINS

##### **§ 40:1191.1** Definitions {#sec-40-1191.1 omnilex-key=us-la-statutes--rs-title-40--40:1191.1}

As used in this Part, the following terms have the meaning ascribed to them in this
Section unless the context requires otherwise:

(1) "Final disposition" means the burial, cremation, or other disposition of the
remains of a human fetus following fetal death.

(2) "Health facility" means a facility licensed by the Louisiana Department of Health
to provide health services.

(3) "Miscarried child" means the fetal remains resulting from a spontaneous fetal
death that does not require compulsory registration pursuant to the provisions of R.S. 40:47.

*Acts 2016, No. 59, §1, eff. May 10, 2016.*

##### **§ 40:1191.2** Final disposition of fetal remains; rights of parents; notice required; exception {#sec-40-1191.2 omnilex-key=us-la-statutes--rs-title-40--40:1191.2}

A. Prior to the final disposition of a miscarried child, but not more than twenty-four
hours after the miscarriage occurs in a health facility, the facility shall notify the patient, or
if the patient is incapacitated, the spouse of the patient, both orally and in writing, of both of
the following:

(1) The parent's right to arrange for the final disposition of the child through the use
of the notice of parental rights form as provided for in R.S. 40:1191.3.

(2) The availability of a chaplain or other counseling services concerning the death
of the child, if such services are provided by the health facility.

B.(1) The patient shall have forty-eight hours from receipt of the notice of parental
rights form provided by the health facility pursuant to Subsection A of this Section to
indicate on the notice of parental rights form the patient's intent to arrange for the final
disposition of the miscarried child and to return the notice of parental rights form to the
health facility.

(2) If the health facility receives the patient's completed notice of parental rights form
within the time period required by this Subsection, and once it is medically appropriate for
the final disposition of the fetal remains to occur, the health facility shall make the remains
available to transfer for a minimum of seventy-two hours. After the transfer, the final
disposition of the fetal remains by the transferee shall be in accordance with the provisions
of Chapter 10 of Title 8 of the Louisiana Revised Statutes of 1950.

(3) If the health facility does not receive the patient's completed notice of parental
rights form within the time period required by this Subsection, the fetal remains shall be
disposed of in accordance with the rules and regulations promulgated by the Louisiana
Department of Health.

C. No notice shall be required if both the patient and the patient's spouse are
incapacitated or otherwise unable to receive the notice required by Subsection A of this
Section.

*Acts 2016, No. 59, §1, eff. Jan. 1, 2017.*

##### **§ 40:1191.3** Notice of parental rights form {#sec-40-1191.3 omnilex-key=us-la-statutes--rs-title-40--40:1191.3}

The Louisiana Department of Health shall promulgate, in accordance with the
Administrative Procedure Act, a notice of parental rights form to be used by health facilities
to comply with the provisions of this Part. The form shall include, at a minimum, all of the
following:

(1) A definitive statement that reads as follows: "This notice of parental rights form
is required to be provided to you pursuant to Louisiana law."

(2) A brief description of the provisions of this Part along with concise instructions
for the patient to follow regarding how to properly complete the form and return it to the
health facility in the event the patient desires to arrange for the final disposition of the
miscarried child.

(3) A concise statement of the timelines that must be satisfied in order for the patient
to arrange for the final disposition of the miscarried child.

(4) A listing of state, regional, or national grief counseling organizations that may
provide counseling services concerning the death of a child.

*Acts 2016, No. 59, §1, eff. May 10, 2016.*

##### **§ 40:1191.4** Limitation of liability {#sec-40-1191.4 omnilex-key=us-la-statutes--rs-title-40--40:1191.4}

The provisions of this Part shall not be construed to create a cause of action, nor shall
the health facility, or any person authorized to act on behalf of the health facility, be held
civilly liable for any damages when a health facility makes a final disposition of the fetal
remains in accordance with the provisions of this Part.

*Acts 2016, No. 59, §1, eff. May 10, 2016.*

#### **PART VII** MONITORING OF NURSING HOME CARE

##### **§ 40:1193.1** Short title {#sec-40-1193.1 omnilex-key=us-la-statutes--rs-title-40--40:1193.1}

This Part shall be known and may be cited as the "Nursing Home Virtual Visitation
Act".

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.2** Definitions {#sec-40-1193.2 omnilex-key=us-la-statutes--rs-title-40--40:1193.2}

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Legal representative" means a legal guardian or a legally appointed substitute
decision-maker who is authorized to act on behalf of a nursing home resident.

(3)(a) "Monitoring device" means a surveillance instrument that transmits and
records activity and is not connected to the facility's computer network.

(b) The term "monitoring device" shall not include a camera that records still images
exclusively.

(4) "Nursing home" means a nursing facility or nursing home as defined in R.S.
40:2009.2.

(5) "Ombudsman" means the administrator of the office of the state long-term care
ombudsman established within the office of elderly affairs by the provisions of R.S.
40:2010.2.

(6) "Resident" means a person who is a resident of a nursing home.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.3** Monitoring device; authorization and use {#sec-40-1193.3 omnilex-key=us-la-statutes--rs-title-40--40:1193.3}

A. A resident who has the capacity to consent as determined by emergency rules
promulgated by the department pursuant to this Part or his legal representative may authorize
the installation and use of a monitoring device in a nursing home if all of the following
conditions are met:

(1) The resident or his legal representative gives notice of the installation to the
nursing home.

(2) If the monitoring device records activity visually, the recordings made by the
device include a record of the date and time.

(3) The resident pays for the monitoring device and all installation, operation,
maintenance, and removal costs associated with the device.

(4) Each resident occupying the same room who has the capacity to consent as
determined by emergency rules promulgated by the department pursuant to this Part, or that
resident's legal representative, gives written consent for the installation of the monitoring
device.

B. If the structure of the resident's room must be altered in order to accommodate a
monitoring device, then the renovation to the room may be done only by a licensed
contractor, subject to approval by the facility.

C. Any monitoring device installed in accordance with the provisions of this Chapter
shall be in compliance with the National Fire Protection Association Life Safety regulations.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.4** Monitoring device option; installation; consent of residents in shared rooms; accommodation by nursing home {#sec-40-1193.4 omnilex-key=us-la-statutes--rs-title-40--40:1193.4}

A.(1) At the time of a person's admission to a nursing home, the nursing home shall
notify the person of his right to have a monitoring device installed in his room, and shall
offer the person the option to have a monitoring device. The resident or his roommate may
exercise the right to install or remove a monitoring device at any time during which he
resides in the nursing home. The nursing home shall keep a record of the person's
authorization or choice not to have a monitoring device.

(2) The nursing home shall make the record provided for in Paragraph (1) of this
Subsection accessible to the ombudsman.

B.(1) If a resident who is residing in a shared room wishes to have a monitoring
device installed in the room and another resident living in or moving into the same shared
room refuses to consent to the use of the monitoring device, then the nursing home shall
make a reasonable attempt to accommodate the resident who wishes to have the monitoring
device installed. A nursing home shall be deemed to have met this accommodation
requirement when, upon notification that a roommate has not consented to the use of an
electronic monitoring device in his room, the facility offers to move either resident to another
shared room that is available at the time of the request.

(2) If a resident chooses to reside in a private room in order to accommodate the use
of an electronic monitoring device, the resident shall pay the private room rate. If a nursing
home is unable to accommodate a resident due to lack of space, the nursing home shall
reevaluate the request at least once every two weeks until the request is fulfilled.

C. After authorization, consent, and notice in accordance with this Part, a resident
or his legal representative may install, operate, and maintain, at the expense of the resident,
a monitoring device in the room of the resident.

D. The nursing home shall cooperate to accommodate the installation of the
monitoring device unless doing so would place undue burden on the nursing home.

E. The monitoring device shall be in a fixed, stationary position and shall monitor
only the resident who consents either personally or through his legal representative to be
monitored.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.5** Consent; waiver {#sec-40-1193.5 omnilex-key=us-la-statutes--rs-title-40--40:1193.5}

A. Consent to the authorization for installation and use of a monitoring device may
be given only by the resident or his legal representative.

B. Consent to the authorization for installation and use of a monitoring device shall
include a release of liability for the nursing home for a violation of the resident's right to
privacy insofar as the use of the monitoring device is concerned.

C. A resident or his legal representative may reverse a choice to have or not have a
monitoring device installed and used at any time after notice of such reversal has been made
to the nursing home, and to the ombudsman, upon a form prescribed by the department.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.6** Authorization form; content {#sec-40-1193.6 omnilex-key=us-la-statutes--rs-title-40--40:1193.6}

The form for the authorization of installation and use of a monitoring device shall
provide for all of the following:

(1) Consent of the resident or his legal representative authorizing the installation and
use of the monitoring device.

(2) Notice to the nursing home of the resident's installation of a monitoring device
and specifics as to the type, function, and use of the device.

(3) Consent of any other resident sharing the same room, or that resident's legal
representative, to the installation and use of a monitoring device.

(4) Notice of release from liability for violation of privacy through the use of the
monitoring device.

(5) Waiver of the resident's right to privacy in connection with the use of the
monitoring device.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.7** Immunity; unauthorized use {#sec-40-1193.7 omnilex-key=us-la-statutes--rs-title-40--40:1193.7}

A. In any civil action against a nursing home, material obtained through the use of
a monitoring device shall not be used if the device was installed or used without the
knowledge of the nursing home, or installed or used without the prescribed form.

B. Compliance with the provisions of this Part shall be a complete defense to any
civil or criminal action brought against the resident, legal representative, or nursing home for
the use or presence of a monitoring device.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.8** Prohibited acts; civil and criminal penalties {#sec-40-1193.8 omnilex-key=us-la-statutes--rs-title-40--40:1193.8}

A.(1) No nursing home shall deny a person or resident admission to or discharge
from a nursing home, or otherwise discriminate or retaliate against a person or resident,
because the person or resident chooses to authorize installation and use of a monitoring
device.

(2) Any person who knowingly or willfully violates the provisions of Paragraph (1)
of this Subsection shall be subject to appropriate action by the department as set forth in rules
promulgated pursuant to this Part.

B.(1) Except as provided in Paragraph (2) of this Subsection, no person shall
intentionally hamper, obstruct, tamper with, or destroy a monitoring device or a recording
made by a monitoring device installed in a nursing home pursuant to this Part.

(2) The prohibition and penalties provided in this Subsection shall not apply to the
resident who owns the monitoring device or recording, or to his legal representative.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.9** Public notice; signage of electronic monitoring device {#sec-40-1193.9 omnilex-key=us-la-statutes--rs-title-40--40:1193.9}

A. If a resident of a nursing facility conducts electronic monitoring, a sign shall be
clearly and conspicuously posted at the main entrance of the nursing facility building to alert
and inform visitors. The sign shall be in a large, clearly legible type and font and bear the
words "Electronic Monitoring" and shall further state in equally legible type and font "The
rooms of some residents may be equipped with electronic monitoring devices installed by
or on behalf of the resident."

B. A sign shall be clearly and conspicuously posted at the entrance of a resident's
room where authorized electronic monitoring is being conducted. The sign shall be in large,
clearly legible type and font and bear the words "This room is electronically monitored."

C. The nursing facility shall be responsible for reasonable costs of installation and
maintenance of the sign required by Subsection A of this Section. The resident or his legal
representative shall be responsible for installing and maintaining the sign required pursuant
to Subsection B of this Section, which shall also be in accordance with the written policy of
the nursing facility.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.10** Reporting abuse and neglect {#sec-40-1193.10 omnilex-key=us-la-statutes--rs-title-40--40:1193.10}

Any person who views an incident which a reasonable man would consider abuse or
neglect after viewing a recording made in a nursing facility shall report the incident to the
facility as soon as is practicable after the viewing. The facility shall be provided with a copy
of the recording in which the suspected incident of abuse or neglect occurred. If the recording
must be transferred to a different format to be viewed, the transfer shall be done at the
expense of the facility by a qualified professional who can certify that the contents of the
recording were not altered.

*Acts 2018, No. 596, §1.*

##### **§ 40:1193.11** Administrative rulemaking {#sec-40-1193.11 omnilex-key=us-la-statutes--rs-title-40--40:1193.11}

The department shall adopt all rules in accordance with the Administrative Procedure
Act as are necessary for implementation of the provisions of this Part.

*Acts 2018, No. 596, §1.*

#### **SUBCHAPTER C** HEALTHCARE PROFESSIONALS

#### **PART I** CLINICAL PRECEPTOR NURSE AIDE TRAINING PROGRAM

##### **§ 40:1201.1** Clinical preceptor nurse aide training program; legislative intent {#sec-40-1201.1 omnilex-key=us-la-statutes--rs-title-40--40:1201.1}

The Legislature of Louisiana hereby finds that there is a serious need for adequately
trained certified nurse aides and, therefore, it is in the best interest of the state to maximize
the opportunities which are available to students who are seeking to become certified nurse
aides. The legislature further finds that a clinical preceptor nurse aide training program
operated by the Louisiana Community and Technical College System in conjunction with
nursing homes located throughout the state not only provides a viable method of training but
also provides such training at a considerably lower cost than the traditional method of
training.

*Acts 2011, No. 50, §2; Redesignated from R.S. 40:1300.21 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1201.2** Clinical preceptor training program {#sec-40-1201.2 omnilex-key=us-la-statutes--rs-title-40--40:1201.2}

A. The Louisiana Community and Technical College System is hereby authorized
to develop and maintain a clinical preceptor nurse aide training program.

B. Any program developed under the provisions of this Part shall be in compliance
with all federal laws and regulations.

*Acts 2011, No. 50, §2; Redesignated from R.S. 40:1300.22 by HCR 84 of 2015 R.S.*

#### **PART II** CRIMINAL HISTORY CHECKS ON NONLICENSED PERSONS AND LICENSED AMBULANCE PERSONNEL

##### **§ 40:1203.1** Definitions {#sec-40-1203.1 omnilex-key=us-la-statutes--rs-title-40--40:1203.1}

For the purposes of this Part, the following terms have the meaning ascribed in this
Section:

(1) "Authorized agency" means a private entity authorized by the office of state
police to conduct the criminal history checks provided for in this Part. Nothing herein shall
be construed as expanding the access to confidential law enforcement records of the state of
Louisiana or its political subdivisions or authorizing access by said agency to the
computerized records of law enforcement agencies.

(2) "Department" means the Louisiana Department of Health.

(3) "Educational institution" means a community college, vocational-technical
program, or other educational entity offering a clinical preceptor nurse aide training program
developed by the Louisiana Community and Technical College System pursuant to R.S.
40:1201.1 et seq.

(4) "Employer" means any of the following facilities, agencies, providers, or
programs:

(a) A nursing facility as defined in R.S. 40:2009.2.

(b) An intermediate care facility for people with developmental disabilities.

(c) An adult residential care provider as defined in R.S. 40:2166.3.

(d) A pain management clinic as defined in R.S. 40:2198.11.

(e) A home health agency as defined in R.S. 40:2116.31.

(f) A hospice as defined in R.S. 40:2182.

(g) An ambulance service as defined in R.S. 40:1131.

(h) A home- and community-based service provider as defined in R.S. 40:2120.2.

(i) An ambulatory surgical center as defined in R.S. 40:2133.

(j) A crisis receiving center as defined in R.S. 40:2180.12.

(k) A nonemergency, nonambulance medical transportation facility or entity.

(l) A Medicaid Personal Care Services or Section 1915(c) Home and Community-based Services Waiver Program.

(m) Any other direct service worker as defined in R.S. 40:2179 and 2179.1.

(n) A pediatric day health care facility as defined in R.S. 40:2193.1(B).

(o) An adult day health care provider as defined in R.S. 40:2120.42.

(p) A psychiatric residential treatment facility licensed pursuant to R.S. 40:2009.

(q) An end stage renal disease facility as defined in R.S. 40:2117.1.

(r) A behavioral health services provider as defined in R.S. 40:2153.

(s) An adult brain injury facility as defined in R.S. 40:2120.33.

(t) A rural health clinic as defined in R.S. 40:1185.3.

(u) A therapeutic group home licensed pursuant to R.S. 40:2009.

(v) A provider of case management services.

(w) A forensic supervised transitional residential and aftercare facility as defined in
R.S. 28:32.

(x) An outpatient abortion facility as defined in R.S. 40:2175.3.

(y) A hospital as defined in R.S. 40:2102.

(z) A free-standing birth center as defined in R.S. 40:2180.23.

(aa) A Program for All-Inclusive Care of the Elderly (PACE), as defined in R.S.
40:2120.63.

(5) "Licensed ambulance personnel" means personnel who provide services, either
for compensation or volunteer services, as an emergency medical service practitioner,
including licensed emergency medical technicians, licensed advanced emergency medical
technicians, licensed paramedics, and licensed first emergency medical responders. The term
"licensed ambulance personnel" shall also include certified ambulance operators.

(6) "Nonlicensed person" means any person who provides for compensation nursing
care or other health-related services directly related to patient care to residents in or patients
of a nursing facility, intermediate care facility for people with developmental disabilities,
adult residential care facility or provider, pediatric day health care facility, adult day health
care center, psychiatric residential treatment facility, end stage renal disease facility,
behavioral health services provider, home health agency, hospice agency, provider of
ambulance services, hospital, adult brain injury facility, crisis receiving center, pain
management clinic, outpatient abortion facility, rural health clinic, ambulatory surgical
center, therapeutic group home, forensic supervised transitional residential and aftercare
facility, case management provider, or home- and community-based service provider and
who is not a licensed health provider. "Nonlicensed person" also means any person who
provides such services to individuals in their own homes as an employee or contract provider
of a home health agency, hospice, or home- and community-based service provider.
"Nonlicensed person" also means any other direct service worker as defined in R.S. 40:2179
and 2179.1. "Nonlicensed person" also means a student or trainee applying for enrollment
in a clinical preceptor training program authorized by R.S. 40:1201.1 et seq., or in a nurse
aide training program approved by the department pursuant to federal and state law or
regulation.

(7) "Office" means the office of state police within the Department of Public Safety
and Corrections.

(8) "Training program" means a department-approved clinical preceptor nurse aide
training program.

*Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28, 1995; Acts 1997, No. 753, §1; Acts 2004, No. 299, §1, eff. June 18, 2004; Acts 2004, No. 797, §1, eff. July 8, 2004; Acts 2005, No. 306, §2, eff. June 29, 2005; Acts 2006, No. 163, §2; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2009, No. 35, §1, eff. June 15, 2009; Acts 2009, No. 381, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.51 by HCR 84 of 2015 R.S.; Acts 2016, No. 311, §2, eff. June 2, 2016; Acts 2018, No. 206, §4; Acts 2019, No. 43, §1; Acts 2019, No. 332, §1; Acts 2022, No. 271, §4; Acts 2022, No. 644, §1; Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:1203.2** Employment of nonlicensed persons and licensed ambulance personnel; training program enrollment of nonlicensed persons; mandatory criminal history and security checks; temporary employment; notice to applicants {#sec-40-1203.2 omnilex-key=us-la-statutes--rs-title-40--40:1203.2}

A.(1) Except as otherwise provided in Subsection C of this Section, prior to any
employer making an offer to employ or to contract with a nonlicensed person or any licensed
ambulance personnel to provide nursing care, health-related services, medic services, or
supportive assistance to any individual, the employer shall request that a criminal history and
security check be conducted on the nonlicensed person or any licensed ambulance personnel
pursuant to the provisions of this Section. If the employer is a facility, home, or institution
which is part of a larger complex of buildings, the requirement of a criminal history and
security check shall apply only to an offer of employment or contract made to a nonlicensed
person or any licensed ambulance personnel who will work primarily in the immediate
boundaries of the facility, home, or institution.

(2) Except as otherwise specified in Paragraph (D)(1) of this Section, an employer
may obtain the criminal history record maintained by the office of state police of a
nonlicensed person or any licensed ambulance personnel offering to provide nursing care,
health-related services, or supportive services to any individual.

B.(1) The employer shall request in writing that the office or authorized agency
conduct a criminal history and security check on the nonlicensed person or any licensed
ambulance personnel and shall provide the office or authorized agency with any relevant
information required by the office or authorized agency to conduct the check. The employer
may request that the criminal history and security check be performed using the fingerprints
of the nonlicensed person or any licensed ambulance personnel.

(2) An employer or authorized agency shall pay a fee of twenty-six dollars to the
office for a search of the office's criminal history files on an applicant for employment.

(3) The security check shall consist of the use of personal identifiers, such as name,
social security number, date of birth, and driver's license number, to search the national sex
offender public registry. An authorized agency shall notify the office if a security check
reveals that an applicant is listed in the national sex offender public registry.

C.(1) An employer may make an offer of temporary employment to a nonlicensed
person or any licensed ambulance personnel pending the results of the criminal history and
security check on the person. In such instances, the employer shall provide to the office or
authorized agency the name and relevant information relating to the person within seventy-two hours after the date the person accepts temporary employment.

(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, any nurse's
aide offered temporary employment prior to the receipt of the results of the required criminal
history and security check shall be under the direct supervision of a permanent employee or
shall be in the presence of a member of the immediate family of the patient or of a care giver
designated by the immediate family of the patient.

(b) As used in this Paragraph, "member of the immediate family" means a child,
parent, grandparent, sibling, uncle, aunt, nephew, or niece of the patient related by blood,
marriage, or adoption.

(3) Notwithstanding any other provision of law to the contrary, any adult day health
care provider and any home- and community-based service provider providing adult day care
services may make an offer of employment to a nonlicensed person without conducting the
criminal history and security check required pursuant to this Part if all of the following
conditions are met:

(a) The nonlicensed person was employed by the provider on March 22, 2020.

(b) The provider was required to temporarily cease operations pursuant to
Proclamation Number 33 JBE 2020, or any subsequent proclamation declaring the existence
of a statewide COVID-19 public health emergency.

(c) The nonlicensed person is no longer employed by the provider as a result of the
temporary closure mandated pursuant to Proclamation Number 33 JBE 2020, or any
subsequent proclamation declaring the existence of a statewide COVID-19 public health
emergency.

(d) The nonlicensed person is being rehired by the same provider within sixty days
of the provider resuming operations.

(e) The nonlicensed person provides a written attestation that he has not been
arrested or received a criminal conviction during the period from the date the nonlicensed
person was last employed by the provider to the date of rehiring.

D.(1) The office or authorized agency shall provide to the employer only such
information as is necessary to specify whether or not that person has been arrested for or
convicted of or pled nolo contendere to any crime or crimes, the crime or crimes for which
he has been arrested or convicted or to which he has pled nolo contendere, and the date or
dates on which the crime or crimes occurred.

(2) Within thirty days of receiving notification by the employer to conduct a criminal
history and security check, the office or authorized agency shall complete the criminal history
and security check and then report the results of the check to the requesting employer in
writing.

E.(1) An employer shall inform each applicant for employment or each prospective
contract provider that the employer is required to obtain a criminal history record and
perform a security check before such employer makes an offer of employment to, or contracts
with, a nonlicensed person or any licensed ambulance personnel. The employer shall obtain
written permission from the applicant for the release of such information to the employer on
a form that clearly notifies the applicant it is a crime to provide false information concerning
a criminal history check to an employer.

(2) Upon request of the employer, each applicant for employment may be
fingerprinted and submit fingerprint samples to the Louisiana Bureau of Criminal
Identification and Information pursuant to R.S. 15:587 to be used to obtain the criminal
history record.

F. Employers subject to the provisions of this Part shall only contract for staffing
services provided by businesses who comply with the provisions of this Part. Businesses that
provide contract staffing services to healthcare providers shall comply with the provisions
of this Part. Such businesses shall send accompanying letters certifying that the contracted
staff meet license or certification standards of their profession and have undergone and
passed criminal background checks.

G.(1) Prior to any educational institution or approved training program accepting an
applicant for the clinical preceptor nurse aide training program, a statewide criminal history
background check, which includes a check of the national sex offender public registry, shall
be conducted. The educational institution or approved training program shall request in
writing that the office or authorized agency conduct a criminal history and security check on
the applicant and shall provide the office or authorized agency with any relevant information
required by the office or authorized agency to conduct the check. The educational institution
or approved training program may request the criminal history and security check be
performed using the fingerprints of the applicant.

(2) An educational institution, approved training program, or authorized agency shall
pay the fee the office is authorized by law to charge for a search of the office's criminal
history files on an applicant for the clinical preceptor nurse aide training program.

(3) The security check shall consist of the use of personal identifiers, such as name,
social security number, date of birth, and driver's license number, to search the national sex
offender public registry. An authorized agency shall notify the office if a security check
reveals that an applicant is listed in the national sex offender public registry.

*Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28, 1995; Acts 1997, No. 544, §1; Acts 1997, No. 753, §1; Acts 1999, No. 827, §1; Acts 2001, No. 751, §1; Acts 2002, 1st Ex. Sess., No. 118, §2, eff. April 23, 2002; Acts 2003, No. 549, §1; Acts 2004, No. 662, §1; Acts 2006, No. 816, §1; Acts 2009, No. 35, §1, eff. June 15, 2009; Redesignated from R.S. 40:1300.52 by HCR 84 of 2015 R.S.; Acts 2016, No. 311, §2, eff. June 2, 2016; Acts 2019, No. 43, §1; Acts 2020, 2nd Ex. Sess., No. 57, §1, eff. Nov. 5, 2020.*

##### **§ 40:1203.3** Refusal to hire or contract; termination of employment; exceptions to hiring prohibition; appeal procedure; waiver {#sec-40-1203.3 omnilex-key=us-la-statutes--rs-title-40--40:1203.3}

A. Except as otherwise provided in R.S. 40:1203.2(C) and Subsection E of this
Section, no employer shall hire any licensed ambulance personnel or nonlicensed person
when the results of a criminal history check reveal that the licensed ambulance personnel or
nonlicensed person has been convicted of any of the following offenses:

(1) R.S. 14:28.1, 30, 30.1, 31, 32.6, 32.7, 32.12, 34, 34.1, 34.7, 35.2, 37, 37.1, 37.4,
38.1, 42, 42.1, 43, 43.1, 43.2, 43.3, 43.5, 44, 44.1, 46.2, 51, 60, 64, 64.1, 64.4, 66, 67.16, 89,
89.1, 93.3, 93.4, 93.5, 283.3 or distribution or possession with the intent to distribute
controlled dangerous substances as listed in Schedules I through V of the Uniform Controlled
Dangerous Substances Act.

(2) An attempt or conspiracy to commit any of the offenses listed in Paragraph (1)
of this Subsection.

(3) The felony offense involving theft, pursuant to R.S. 14:67, or theft of assets of
an aged person or person with a disability, pursuant to R.S. 14:67.21 in excess of five
hundred dollars or in any case in which the offender has been previously convicted of theft,
pursuant to R.S. 14:67, or theft of assets of an aged person or person with a disability,
pursuant to R.S. 14:67.21, regardless of the value of the instant theft.

(4) An attempt or conspiracy to commit an offense listed in Paragraph (3) of this
Subsection.

B. Additionally, except as otherwise provided in R.S. 40:1203.2(C), no employer
who provides care or services to any person under the age of twenty-one shall hire any
licensed ambulance personnel or nonlicensed person when the results of the criminal history
check reveal that the licensed ambulance personnel or nonlicensed person has been convicted
of any of the following offenses:

(1) R.S. 14:44.2, 80, 81.2, or 93.

(2) An attempt or conspiracy to commit any of the offenses listed in Paragraph (1)
of this Subsection.

C. If the results of a criminal history check reveal that a nonlicensed person or any
licensed ambulance personnel hired on a temporary basis or any other person who is an
employee has been convicted of any of the offenses listed in Subsection A or B of this
Section, the employer shall immediately terminate the person's employment.

D.(1) The provisions of this Section shall not apply to a nonlicensed person or
licensed ambulance personnel who was working under a waiver granted under the law in
effect prior to August 15, 2010, so long as that person continues to be employed for the
employer who granted the waiver and the person began employment for the employer prior
to August 15, 2010, or a person who has received a pardon of the conviction or has had his
conviction expunged.

(2) The employment prohibition provided for in this Section shall not apply to a
state-certified hospice attendant as provided for in R.S. 40:2192.

E.(1) For purposes of this Subsection, "peer support specialist" means a behavioral
health staff member who possesses lived experience with his own behavioral health
condition and with navigating the behavioral health services network who seeks employment
with a behavioral healthcare facility or program serving people with behavioral health
conditions.

(2) The provisions of this Subsection shall apply exclusively to peer support
specialists employed or contracted with a behavioral health services provider licensed by the
department and shall not be construed to apply to any other person or any licensed personnel.

(3) Notwithstanding any other provision of law, a person shall not be prohibited or
disqualified from employment as a peer support specialist with a licensed behavioral health
services provider if the person's criminal background check reveals he has been convicted
of an offense provided for in R.S. 14:38.1 or 67, or convicted of distribution or possession
with the intent to distribute controlled dangerous substances listed in Schedules I through V
of the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq., if that person
meets all of the following requirements:

(a) No less than three years prior to being hired as a peer support specialist, the
person satisfactorily completed his sentence or was lawfully released from confinement,
supervision, or probation imposed by a court for the person's most recent conviction for an
offense listed in this Paragraph.

(b) After satisfactorily completing his sentence or after being lawfully released from
confinement, supervision, or probation for his most recent conviction for an offense listed
in this Paragraph, the person successfully completed all training and requirements established
by the office of behavioral health of the department for a peer support specialist as evidenced
by a Notice of Completion of Training and Requirements issued by the office of behavioral
health or its designee.

(4) Nothing in this Subsection shall be construed as creating an obligation upon an
employer to offer employment to a person.

(5) The department shall promulgate rules in accordance with the Administrative
Procedure Act relating to the training and requirements of peer support specialists for
purposes of implementing this Subsection.

Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28,
1995; Acts 1997, No. 544, §1; Acts 2001, No. 751, §1; Acts 2004, No. 662, §1; Acts 2009,
No. 35, §1, eff. June 15, 2009; Acts 2010, No. 876, §1; Acts 2011, No. 133, §1, eff. June 24,
2011; Acts 2014, No. 413, §1, eff. June 4, 2014; Redesignated from R.S. 40:1300.53 by HCR
84 of 2015 R.S.; Acts 2019, No. 229, §1; Acts 2019, No. 393, §1; Acts 2022, No. 151, §1;
Acts 2022, No. 271, §4.

NOTE: See Acts 2014, No. 413, §2, regarding retroactivity.

##### **§ 40:1203.4** Confidentiality of criminal history records {#sec-40-1203.4 omnilex-key=us-la-statutes--rs-title-40--40:1203.4}

A. All criminal history records received by the employer shall be confidential and
shall be restricted to the exclusive use of the department and the employer requesting the
information.

B. Except by court order or with the written consent of the person being investigated,
the records or information obtained from or regarding the records shall not be released or
otherwise disclosed to any other person or agency.

C. The records shall be destroyed after one year from the termination of employment
of the person to whom such records relate. However, upon receipt of written consent by an
applicant for employment with a health provider, the employer in receipt of a criminal history
check may send a copy to the employer seeking the referral.

*Acts 1993, No. 594, §1, eff. August 15, 1994; Redesignated from R.S. 40:1300.54 by HCR 84 of 2015 R.S.*

##### **§ 40:1203.5** Compliance {#sec-40-1203.5 omnilex-key=us-la-statutes--rs-title-40--40:1203.5}

The department shall review the employment files of any facility or agency required
to obtain criminal history records to ensure such facilities are in compliance with the
provisions of this Part.

*Acts 1993, No. 594, §1, eff. August 15, 1994; Redesignated from R.S. 40:1300.55 by HCR 84 of 2015 R.S.*

##### **§ 40:1203.6** Ineligible for unemployment compensation {#sec-40-1203.6 omnilex-key=us-la-statutes--rs-title-40--40:1203.6}

A nonlicensed person or any licensed ambulance personnel hired on a temporary
basis and terminated pursuant to the provisions of this Part shall not be eligible for
unemployment compensation.

*Acts 1993, No. 594, §1, eff. August 15, 1994; Acts 1995, No. 917, §1, eff. June 28, 1995; Redesignated from R.S. 40:1300.56 by HCR 84 of 2015 R.S.*

##### **§ 40:1203.7** Application to be approved as an authorized agency {#sec-40-1203.7 omnilex-key=us-la-statutes--rs-title-40--40:1203.7}

A. An individual or business entity seeking approval as an authorized agency shall
submit an application to the Louisiana Bureau of Criminal Identification and Information
along with the following documents to prove the individual's or business entity's
qualifications:

(1) The applicant must be currently licensed in the state of Louisiana as a private
investigator or detective by the Louisiana State Board of Private Investigator Examiners as
evidenced by current and valid licensure issued by the Louisiana State Board of Private
Investigator Examiners, or an individual employed by a business entity domiciled in the state
of Louisiana and registered and in good standing with the secretary of state at the time of
application whose primary source of business is background screenings.

(2) The applicant must not currently be charged by bill of information or under
indictment for, or have been convicted of, any felony offense in this state or any other
jurisdiction and shall submit to a background investigation to determine that this requirement
is met.

(3) The applicant shall be domiciled in the state of Louisiana and shall present proof
of qualification to do business within the state of Louisiana, as evidenced by a valid
certificate of authority issued by the secretary of state, and designation of an agent for service
of process as required by law. If the applicant is operating as a sole proprietorship, a current
and valid occupational license shall be presented.

(4) The applicant shall execute a written agreement whereby he agrees to maintain
the confidentiality of any and all information provided to it by the Louisiana Bureau of
Criminal Identification and Information pursuant to R.S. 40:1203.1 et seq., abide by all
applicable laws, rules and regulations pertaining to receipt and use of criminal history
information, cooperate in any auditing procedure conducted by the Louisiana Bureau of
Criminal Identification and Information, and inform the Louisiana Bureau of Criminal
Identification and Information in writing of any known violations regarding the use of
criminal history information he receives.

B. Upon receipt of a completed application for approval as an authorized agency, the
Louisiana Bureau of Criminal Identification and Information shall review the application and
conduct whatever investigation it deems necessary to verify the information. Upon
completion of this review, the Louisiana Bureau of Criminal Identification and Information
shall inform the applicant in writing of its approval or denial of the application and, in the
case of denial, the reasons for such denial.

C. Each authorized agency shall maintain the eligibility requirements to be approved
as an authorized agency. Each authorized agency shall notify the Louisiana Bureau of
Criminal Identification and Information in writing of a change in its qualification
requirements within fifteen days of the change. Failure to continue to maintain the eligibility
requirements shall result in cancellation of approval as an authorized agency.

*Acts 2013, No. 270, §1; Redesignated from R.S. 40:1300.57 by HCR 84 of 2015 R.S.*

#### **PART III** HEALTH PROFESSIONAL DEVELOPMENT PROGRAM

##### **§ 40:1205.1** Health Professional Development Program {#sec-40-1205.1 omnilex-key=us-la-statutes--rs-title-40--40:1205.1}

The Health Professional Development Program is hereby created in the office of
management and finance in the Louisiana Department of Health. The program is established
to meet the current and projected continued severe shortage of medical doctors and nurses
in health professional shortage areas in the state by increasing the number of primary health
care practitioners in shortage areas through a program for repayment of loans, a program for
physician retention and recruitment, and a scholarship program. The Louisiana Department
of Health may participate in any federal programs that provide matching funds or total
funding for health professional development.

*Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1205.2** Definitions {#sec-40-1205.2 omnilex-key=us-la-statutes--rs-title-40--40:1205.2}

For the purpose of this Part, the following terms shall have the following meanings
unless the context clearly indicates otherwise:

(1) "Department" means the Louisiana Department of Health.

(2) "Health professional shortage areas" means areas so classified by the United
States Public Health Services as areas with a shortage of health professionals.

(3) "Primary health care practitioner" means a medical practitioner who provides a
basic level of health care, including but not limited to a general practitioner, internist,
obstetrician, gynecologist, and pediatrician, as well as a nonphysician provider such as a
nurse and advanced nursing specialist.

(4) "Secretary" means the secretary of the Louisiana Department of Health.

*Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1205.3** Retention and recruitment program {#sec-40-1205.3 omnilex-key=us-la-statutes--rs-title-40--40:1205.3}

A. The department shall develop and administer a plan for recruitment and retention
of primary health care practitioners to practice in health professional shortage areas or
facilities.

B. Such a plan shall provide for identification of shortage areas, prioritize long-term
and short-term goals and strategies, provide a special minority component, and provide for
public input.

C. The department shall implement the retention and recruitment plan, directly or
through contract. Implementation may include advertising and promotion, professional
recruitment services, travel, and all other necessary expenses.

*Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1205.4** Loan repayment program {#sec-40-1205.4 omnilex-key=us-la-statutes--rs-title-40--40:1205.4}

A. The department shall administer a state loan repayment program consistent with
the Federal National Health Service Corporation Loan Repayment Program of the Public
Health Service Act.

B. To be eligible for the loan repayment program, an applicant must be licensed and
qualified as a physician or nurse to practice in Louisiana, be willing to practice in a health
professional shortage area, and meet any other requirements which may be established by the
program.

C. Medical education loans shall be repaid retroactively after each term of service
in a health professional shortage area for up to three years depending upon the primary health
care provider's length of service.

D. Loans may be repaid for up to twenty thousand dollars per year of service.

E. The program shall provide an implementation schedule for loan repayments by
January 1, 1992.

*Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1205.5** Scholarship program {#sec-40-1205.5 omnilex-key=us-la-statutes--rs-title-40--40:1205.5}

A. It is the intent of the legislature to increase the number of primary care
practitioners who practice in health professional shortage areas in the state. The department
shall administer a state scholarship program. To be eligible for the scholarship program an
applicant must:

(1) Be accepted for enrollment, or be enrolled as a full-time student in a program
offering a doctor of medicine degree at a professional school of the Louisiana State
University Health Sciences Center or the Tulane University School of Medicine, an approved
program offering training as a registered nurse in a public or regionally accredited
independent institution of higher education, or an approved program offering training as a
licensed practical nurse at a public institution.

(2) Pursue an approved course of study and maintain an acceptable level of academic
standing, leading to a degree in medicine, dentistry, or other health-related specialty, as
determined by the secretary.

(3) Agree in writing to serve in the health professional shortage areas, in Louisiana
one and one-half years for each year of receiving the scholarship and to accept and maintain
an open panel for Medicaid, Medicare, and uninsured patients during his service. Failure to
serve as agreed to in writing shall result in the repayment of such scholarship and a
substantial penalty as determined by the department.

B. Subject to the availability of funding, the department shall provide scholarships
equal to the lowest base tuition of a public medical school in the state and sufficient to
provide for the graduation each year of the following:

(1) Physicians from accredited graduate medical education training programs in the
disciplines of general family medicine, general internal medicine, general pediatrics, general
medicine/pediatrics, obstetrics, gynecology, dentistry, or optometry.

(2) Registered or advanced practice nurses.

(3) Licensed practical nurses.

C. Subject to the availability of funding, any scholarship awarded by the department
to a nursing student shall be equal to the lowest base tuition of a public nursing school in the
state.

D. The department may access state, federal, or grant funding made available to the
department for the purpose of fulfilling the scholarships offered in accordance with this Part.

*Acts 1991, No. 502, §1; Acts 1992, No. 886, §1; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1205.6** Loan forgiveness for primary care physicians, pediatricians, surgeons, obstetricians, and gynecologists {#sec-40-1205.6 omnilex-key=us-la-statutes--rs-title-40--40:1205.6}

A. The department shall establish a loan forgiveness program for primary care
physicians, which shall include those practicing family medicine, internal medicine,
pediatrics, medicine/pediatrics, obstetrics, gynecology, and general surgery, hereinafter
collectively referred to as "primary care physicians", who are practicing in a rural health
professional shortage area, hereinafter referred to as an "HPSA", and who serve on the active
medical staff of a rural hospital in accordance with such hospital's medical staff bylaws,
rules, and regulations. "Rural hospital" is defined as provided for in R.S. 40:1189.3. The
establishment of this loan forgiveness program shall be subject to an act of the legislature
appropriating monies sufficient to establish and implement the program.

B. The department shall coordinate the administration of the program.

C. The department may provide assistance for the repayment of a student loan for
education at an institution of higher learning received by a primary care physician, practicing
in a rural HPSA and on the active medical staff of a rural hospital in accordance with such
hospital's medical staff bylaws, rules, and regulations. Repayment shall be made by the
department to the lending institution on behalf of the loan recipient.

D. Consideration for loan repayment assistance shall be as follows:

(1) The applicant must be an individual who has one of the following:

(a) A medical degree from an accredited medical school.

(b) Completed an Accreditation Council of Graduate Medical Education (ACGME)
accredited training program in family medicine, internal medicine, pediatrics,
medicine/pediatrics, obstetrics, gynecology, or general surgery and is board eligible in one
of such areas.

(c) A license to practice medicine in the state.

(2) An applicant who is qualified under Paragraph (1) of this Subsection shall agree
to practice in a rural hospital as a primary care physician, for not less than five years
according to a schedule developed by the department.

E. A physician who is eligible pursuant to Subsection D of this Section shall be
eligible to receive an amount of loan forgiveness of up to two hundred fifty thousand dollars,
as established by the department, based on the total amount of the physician's debt and the
available funding for this program. No less than ten percent of such debt amount shall be
forgiven each year, subject to funds available for loan exonerations in that fiscal year.

F. A recipient of loan repayment assistance shall enter into a contract with the
department, which shall be considered a contract with the state. The contract shall include
but not be limited to the following terms and conditions:

(1) An unlicensed applicant shall apply for a license to practice medicine at the
earliest practicable opportunity.

(2) Within six months after licensure and the completion of all ACGME
requirements for the medical specialty, an applicant shall engage in the practice of family
medicine, internal medicine, pediatrics, medicine/pediatrics, obstetrics, gynecology, and
general surgery in a rural HPSA and obtain and maintain, during the term of the loan
repayment agreement with the department, active medical staff privileges at a rural hospital
in accordance with such hospital's medical staff bylaws, rules, and regulations. The
department shall provide applicants with a list of available rural hospital sites and shall, to
the extent possible, approve applicant selections in the order they are received.

(3) The applicant shall agree, for a period of not less than five full years, to practice,
on a full-time basis, not less than thirty-six hours per week, at an office, leased or owned by
the applicant, a physician or physicians's group practice, or at an entity licensed by the
department located in a rural HPSA while maintaining active medical staff privileges at a
rural hospital, in accordance with such hospital's medical staff bylaws, rules, and regulations.

(4) The applicant shall agree to treat patients who are eligible for Medicaid and
Medicare.

(5) The applicant shall permit the department to monitor his practice to determine
compliance with the terms of the contract.

(6) The department shall certify compliance with the terms of the contract for
purposes of receipt by the physician of loan repayment awards for years subsequent to the
initial year of the loan.

(7) The contract shall be renewable on an annual basis upon certification by the
department that the physician has complied with the terms of the contract.

(8) Upon the recipient's death or total or permanent disability, the department shall
nullify the service obligation of the recipient.

(9) If the recipient is convicted of or pleads guilty or no contest to a felony or
misdemeanor or if the appropriate licensing board has determined that the recipient has
committed an act of gross negligence in the performance of service obligations or has
suspended or revoked the license to practice, the department shall have the authority to
terminate the recipient's service in the program and demand repayment of the assistance
rendered to date.

(10) Loan recipients who fail to begin or complete the obligations contracted for
shall pay to the department three times the amount of assistance received. Falsification or
misrepresentation on an application or in verification of service shall be construed to be a
default. Determination as to the time of breach of contract shall be made by the department.
Both the recipient and the department shall make every effort to resolve conflicts in order to
prevent a breach of contract.

G. The department shall have the authority to seek garnishment of wages for the
collection of damages provided for in Paragraph (10) of Subsection F of this Section.

*Acts 2008, No. 605, §1; Redesignated from R.S. 40:1300.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1205.7** Rules {#sec-40-1205.7 omnilex-key=us-la-statutes--rs-title-40--40:1205.7}

The secretary shall promulgate rules and regulations necessary to carry out the
provisions of this Part in accordance with the Administrative Procedure Act.

*Acts 1991, No. 502, §1; Redesignated from R.S. 40:1300.7 by HCR 84 of 2015 R.S.*

#### **PART IV** MEDICAL AND ALLIED HEALTH PROFESSIONAL EDUCATION SCHOLARSHIP AND LOAN PROGRAM

##### **§ 40:1207.1** Scholarship and loan program {#sec-40-1207.1 omnilex-key=us-la-statutes--rs-title-40--40:1207.1}

A. It is the intent of the legislature to ensure that there are an adequate number of
health care providers who practice in the state in areas of medicine for which there are no
associated medical educational programs offered in the state.

B. The Board of Regents is hereby authorized to develop and administer through the
promulgation of rules and regulations, pursuant to the Administrative Procedure Act, the
Medical and Allied Health Professional Education Scholarship and Loan Program for
students who choose to pursue certain out-of-state medical education because similar medical
education programs are not offered in the state. The Board of Regents shall provide for the
qualifications of the students and for the medical education programs to be included in the
program. The Board of Regents shall require that all recipients of scholarship or loan funds,
pursuant to this program, agree in writing to return to the state to practice for a minimum of
one and one-half years for each year the scholarship or loan is received and to maintain
enrollment as a Medicaid provider during their service.

C. The Board of Regents is hereby authorized to enter into agreements with a public
trust and public corporation duly organized pursuant to R.S. 9:2341 et seq., having for its
beneficiary the state for the purpose of administering and providing for a loan program to
provide low interest loans to students seeking medical education for which there are no
associated medical educational programs offered in the state. Notwithstanding any provision
of law to the contrary, the public trust and public corporation duly organized pursuant to R.S.
9:2341 et seq., having for its beneficiary the state, may issue bonds, notes, or other
obligations to the public and others for the purposes of this Part.

D. The Board of Regents may access state, federal, or grant funding made available
to the Board of Regents for the purpose of fulfilling the scholarships offered in accordance
with this Part.

*Acts 2011, No. 150, §1, eff. June 24, 2011; Redesignated from R.S. 40:1300.8.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1207.2** Medical and Allied Health Professional Education Scholarship and Loan Fund {#sec-40-1207.2 omnilex-key=us-la-statutes--rs-title-40--40:1207.2}

A. There is hereby created, as a special fund in the state treasury, the Medical and
Allied Health Professional Education Scholarship and Loan Fund, hereinafter sometimes
referred to as "the fund". The Louisiana Department of Health shall deposit into the state
treasury on a quarterly basis at least twenty-five percent of all monies, not to exceed two
hundred thousand dollars in any fiscal year, retained by the Louisiana Department of Health
from local intergovernmental transfers which are transferred for the purpose of making
supplemental payments to physicians.

B.(1) Notwithstanding any other provision of law, after compliance with the
requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the
Bond Security and Redemption Fund, and after a sufficient amount is allocated from that
fund to pay all of the obligations secured by the full faith and credit of the state which
become due and payable within any fiscal year, the treasurer shall deposit into the fund those
monies transferred to the treasurer from the Louisiana Department of Health which were
generated by the Louisiana Department of Health through the use of any Medicaid upper
payment limit financing mechanism created or maintained for physicians.

(2) The monies in this fund shall be used solely for the provision of the Medical and
Allied Health Professional Education and Loan Scholarship Program as provided for by this
Part and only in the amounts appropriated by the legislature. All unexpended and
unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The
monies in the fund shall be invested by the state treasurer in the same manner as monies in
the state general fund, and interest earned on the investment of these monies shall be credited
to the fund following compliance with the requirements of Article VII, Section 9(B) relative
to the Bond Security and Redemption Fund.

*Acts 2011, No. 150, §1, eff. June 24, 2011; Redesignated from R.S. 40:1300.8.2 by HCR 84 of 2015 R.S.*

#### **SUBCHAPTER D** HEALTHCARE SERVICES

#### **PART I** ACCESS TO MAMMOGRAMS ACT

##### **§ 40:1211.1** Screening mammography permitted {#sec-40-1211.1 omnilex-key=us-la-statutes--rs-title-40--40:1211.1}

A. Notwithstanding any provision of law to the contrary, including but not limited
to R.S. 37:3213 and R.S. 37:3219, any person who may legally perform a mammography in
this state may perform a screening mammography without the direction by prescription of
a licensed practitioner.

B. A facility offering screening mammography may request a referral for a screening
mammogram from a physician licensed to practice medicine by the Louisiana State Board
of Medical Examiners.

*Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.181 by HCR 84 of 2015 R.S.*

##### **§ 40:1211.2** Notification of results {#sec-40-1211.2 omnilex-key=us-la-statutes--rs-title-40--40:1211.2}

A. Each patient shall be given the opportunity to name a physician to receive the
results of any screening mammogram performed without the direction by prescription of a
licensed practitioner.

B. The report of results mailed to the patient and to any physician named pursuant
to Subsection A of this Section shall clearly state whether the need for any follow-up care
is indicated by the mammogram.

Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.182 by HCR 84 of 2015
R.S.; Acts 2015, No. 378, §1, eff. Jan. 1, 2016.

NOTE: See Acts 2015, No. 378, §2(B), which provides that the Act shall be known
as the "Monica Landry Helo Early Detection Act".

##### **§ 40:1211.3** Notice concerning supplemental screening {#sec-40-1211.3 omnilex-key=us-la-statutes--rs-title-40--40:1211.3}

A. Upon completion of any screening mammogram, regardless of whether the
mammogram was directed by prescription of a licensed practitioner, each mammography
facility certified by the United States Food and Drug Administration or by a certification
agency approved by the United States Food and Drug Administration shall mail to the
patient, in addition to any letter or report required by 21 CFR Part 900, the following notice
in conspicuous and legible type which is not smaller than twelve-point font:

"If your mammogram demonstrates that you have dense breast tissue, which could
hide abnormalities, and you have other risk factors for breast cancer that have been
identified, you might benefit from supplemental screening tests that may be suggested by
your ordering physician.

Dense breast tissue, in and of itself, is a relatively common condition. Therefore, this
information is not provided to cause undue concern, but rather to raise your awareness and
to promote discussion with your physician regarding the presence of other risk factors, in
addition to dense breast tissue.

A summary of your mammography results will be sent to you, and a full
mammography report will be sent to your physician and also to you. You should contact
your physician if you have any questions or concerns regarding your summary or report of
results."

B. The notice provided for in this Section may be transmitted to the patient by either
regular mail or certified mail via the United States Postal Service, or by any other
commercial mail delivery service.

C. Notwithstanding any other law, compliance with this Section does not create a
cause of action or create a standard of care, obligation, or duty that provides a basis for a
cause of action.

D. The information required by this Section or evidence that a person violated this
Section shall not be admissible in a civil, judicial, or administrative proceeding.

*Acts 2015, No. 378, §§1, 3, eff. Jan. 1, 2016.*

##### **§ 40:1211.4** Mammography and ultrasound reports; transmittal to patients required {#sec-40-1211.4 omnilex-key=us-la-statutes--rs-title-40--40:1211.4}

A. Each mammography facility certified by the United States Food and Drug
Administration or by a certification agency approved by the United States Food and Drug
Administration and every healthcare facility that performs breast ultrasound examinations
shall transmit to each mammography and ultrasound patient the following, as appropriate to
the procedure performed:

(1) A copy of the patient's mammography report, as defined in 21 CFR 900.12(c),
issued by the facility to the patient's referring physician.

(2) A copy of the patient's full narrative radiology report of ultrasound findings.

B.(1) Each healthcare facility subject to the requirements of this Section shall
transmit the mammography and ultrasound reports specified in Subsection A of this Section
to patients within the time frame prescribed in 21 CFR 900.12(c) for communication of
mammography results to healthcare providers.

(2) A healthcare facility subject to the requirements of this Section may transmit
mammography and ultrasound reports to patients in any manner that comports with the
provisions of 45 CFR Part 164 relative to security and privacy of health information.

C. In addition to providing reports to patients in accordance with Subsection A of
this Section, a healthcare facility may provide such reports electronically through an
electronic patient portal that meets applicable standards provided in federal law and
regulation.

*Acts 2015, No. 378, §§1, 3, eff. Jan. 1, 2016; Acts 2018, No. 206, §4.*

##### **§ 40:1211.5** Limitation of liability {#sec-40-1211.5 omnilex-key=us-la-statutes--rs-title-40--40:1211.5}

A. Any liability or responsibility for any subsequent or follow-up care and treatment
of an individual who receives a screening mammogram pursuant to R.S. 40:1211.2 on the
part of the performer of that screening mammogram or any physician performing an
assessment of a screening mammogram shall cease upon delivery of the results or report of
such screening mammogram to the screened or tested individual and to any physician named
by the patient to receive such results. These results shall be sent by certified mail, return
receipt requested, and shall comply with the reporting requirements for mammography
results in the federal Mammography Quality Standards Act, 42 U.S.C. 263b, and any
regulations promulgated pursuant thereto, including 21 CFR 900.1 et seq.

B. The liability of a supervising licensed practitioner for follow-up of patients
following a screening mammogram shall be limited to informing the patient and a designated
physician in accordance with the guidelines issued under the Mammography Quality
Standards Act, 42 U.S.C. 263b, and any regulations promulgated pursuant thereto, including
21 CFR 900.1 et seq.

*Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.183 by HCR 84 of 2015 R.S.; Acts 2015, No. 378, §1, eff. Jan. 1, 2016.*

#### **PART II** CHOLESTEROL SCREENING BY MOBILE CHOLESTEROL SCREENING UNITS

##### **§ 40:1213.1** Purpose {#sec-40-1213.1 omnilex-key=us-la-statutes--rs-title-40--40:1213.1}

It is a public policy of the state to promote the health, welfare, and safety of the
people of this state by attempting to ensure high standards for cholesterol screening by
mobile cholesterol screening units.

*Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.191 by HCR 84 of 2015 R.S.*

##### **§ 40:1213.2** Definitions {#sec-40-1213.2 omnilex-key=us-la-statutes--rs-title-40--40:1213.2}

As used in this Part:

(1) "Cholesterol screening" means determining the cholesterol level present in a
person's blood by analyzing a drop of blood taken from him by means of a fingerstick
sample.

(2) "Department" means the Louisiana Department of Health.

(3) "Fingerstick sample" means a quantity of blood taken from a person by sticking
his finger with a needle or lancet.

(4) "Mobile cholesterol screening unit" means a unit or operation that travels from
one location to another and provides cholesterol screening services to the public without the
necessity of a referral from a licensed physician.

(5) "Secretary" means the secretary of the Louisiana Department of Health.

*Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.192 by HCR 84 of 2015 R.S.*

##### **§ 40:1213.3** Cholesterol screening by mobile cholesterol screening units; standards {#sec-40-1213.3 omnilex-key=us-la-statutes--rs-title-40--40:1213.3}

All mobile cholesterol screening units providing cholesterol screening services to the
public shall meet the following standards:

(1) The cholesterol screening services shall be organized and provided under the
general supervision of a licensed clinical laboratory or a licensed physician who is qualified,
by education and training, to conduct and interpret the results of the tests offered, and who
is knowledgeable regarding quality control, calibration of the instrument, and proper
maintenance of the equipment. The physician may be employed or serve as a consultant to
the unit.

(2) Systems and instruments used for the testing shall be properly calibrated and
periodically checked for calibration by a person qualified and trained to do so.

(3) The testing shall be performed only by personnel properly qualified, by education
and training, in the drawing of blood samples, proper sterile techniques, and the correct
operation of the testing instruments.

(4)(a) No person administering the tests shall attempt to interpret the clinical
significance of the test results, render or express a medical diagnosis, or in any way suggest
the necessity or appropriateness or lack of necessity or appropriateness of any form of
treatment.

(b) The provisions of this Paragraph shall not apply to a licensed physician or other
qualified health care professional.

(5) Persons tested shall be advised of the necessity of appropriate follow-up with a
medical professional should the screening test warrant such, as outlined in the national
cholesterol screening program guidelines or equal standards.

*Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.193 by HCR 84 of 2015 R.S.*

##### **§ 40:1213.4** Penalty {#sec-40-1213.4 omnilex-key=us-la-statutes--rs-title-40--40:1213.4}

Whoever violates the provisions of the Part shall be guilty of a misdemeanor and,
upon conviction, shall be fined not more than five hundred dollars, imprisoned for not more
than six months, or both. For each subsequent offense, the violator shall be fined not more
than one thousand dollars, imprisoned not more than one year, or both.

*Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.194 by HCR 84 of 2015 R.S.*

##### **§ 40:1213.5** Rules and regulations {#sec-40-1213.5 omnilex-key=us-la-statutes--rs-title-40--40:1213.5}

The secretary of the department shall adopt and promulgate rules and regulations
necessary to carry out the provisions of this Part in accordance with the Administrative
Procedure Act.

*Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.195 by HCR 84 of 2015 R.S.*

##### **§ 40:1215.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1215.1 omnilex-key=us-la-statutes--rs-title-40--40:1215.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1215.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-1215.2 omnilex-key=us-la-statutes--rs-title-40--40:1215.2}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART III-A** HEALTHCARE SERVICES FOR VICTIMS OF SEXUALLY ORIENTED CRIMINAL OFFENSES

##### **§ 40:1216.1** Procedures for survivors of a sexually oriented criminal offense; immunity; regional plans; maximum allowable costs; definitions; documents requested by victim {#sec-40-1216.1 omnilex-key=us-la-statutes--rs-title-40--40:1216.1}

A. All licensed hospitals and healthcare providers in Louisiana shall offer every
sexual assault survivor information to receive the treatment provided for in this Section. A
licensed hospital or healthcare provider shall adhere to the following procedures if a person
presents for treatment as a sexual assault survivor:

(1)(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, a survivor
shall decide whether or not the incident will be reported to law enforcement officials. No
hospital or healthcare provider shall require the survivor to report the incident to receive
medical attention or collect evidence.

(b) If a person under the age of eighteen presents for treatment as a sexual assault
survivor, the hospital or healthcare provider shall immediately notify the appropriate law
enforcement agency or any other official necessary to fulfill any mandatory reporting
obligation required by law.

(c) If a survivor is physically or mentally incapable of making the decision to report,
the hospital or healthcare provider shall immediately notify the appropriate law enforcement
officials.

(2) All sexual assault survivors shall be examined and treated, without undue delay,
in a private space required to ensure the health, safety, and welfare of the survivor by a
qualified healthcare provider. Examination and treatment, including the forensic medical
examination, shall be adapted as necessary to address the unique needs and circumstances
of each survivor. All survivors shall be afforded an advocate whose communications are
privileged in accordance with the provisions of R.S. 46:2187, if one is available. With the
consent of the survivor, an advocate shall remain in the examination room during the
forensic medical examination. With the consent of the survivor, the examination and
treatment of all sexual assault survivors shall, at a minimum, include all of the following:

(a) Examination of physical trauma.

(b) Patient interview, including medical history, triage, and consultation.

(c) Collection and evaluation of evidence, including but not limited to the following:

(i) Photographic documentation.

(ii) Preservation and maintenance of chain of custody.

(iii) Medical specimen collection.

(iv) When determined necessary by the healthcare provider, an alcohol or drug-facilitated sexual assault assessment and toxicology screening.

(d) Any testing related to the sexual assault or recommended by the healthcare
provider.

(e) Any medication provided during the forensic medical examination, which may
include emergency contraception and HIV or STI prophylaxis.

(3)(a) If the survivor wishes to report the incident to law enforcement, the hospital
or healthcare provider shall contact the appropriate law enforcement agency having
jurisdiction over the location where the crime occurred. If the location where the crime
occurred cannot be determined, the hospital or healthcare provider shall contact the law
enforcement agency having jurisdiction over the location where the forensic medical
examination is performed to determine the appropriate investigating agency.

(b) Upon completion of the forensic medical examination, the sexual assault
collection kit shall be turned over to the investigating law enforcement agency. No sexual
assault collection kit shall remain at a hospital or medical facility if the hospital or medical
facility is unable to store the sexual assault kit in a secure location that ensures proper chain
of custody. If a hospital or medical facility has a secure location to store the sexual assault
collection kit that ensures proper chain of custody, the investigating law enforcement agency
shall take possession of the sexual assault collection kit within seventy-two hours upon
notification of completion of the sexual assault collection kit by the hospital or healthcare
provider. A healthcare provider working for a coroner's office may store the sexual assault
collection kit in a secure location maintained by the coroner.

(4) If the survivor does not wish to report the incident to law enforcement, the
hospital or healthcare provider shall, upon completion of the forensic medical examination,
contact the law enforcement agency having jurisdiction over the location where the forensic
medical examination was performed to transfer possession of the unreported sexual assault
collection kit for storage. The unreported sexual assault collection kit shall not be identified
or labeled with the survivor's identifying information. The hospital or healthcare provider
shall maintain a record of the sexual assault collection kit number in the survivor's record
that shall be used for identification should the survivor later choose to report the incident.
The healthcare provider shall provide all information required by the statewide tracking
system operated by the office of state police, pursuant to R.S. 15:624.1. No sexual assault
collection kit shall remain at a hospital or medical facility if the hospital or medical facility
is unable to store the sexual assault kit in a secure location that ensures proper chain of
custody. If a hospital or medical facility has a secure location that ensures proper chain of
custody, the law enforcement agency having jurisdiction over the location where the forensic
medical examination was performed shall take possession of the unreported sexual assault
collection kit within seventy-two hours upon notification of completion of the sexual assault
collection kit by the hospital or healthcare provider. A healthcare provider working for a
coroner's office may secure the unreported sexual assault collection kit in a secured location
maintained by the coroner. The law enforcement agency shall not destroy or dispose of an
unreported sexual assault collection kit for a period of at least twenty years after the forensic
medical examination was performed. If a healthcare provider working for a coroner's office
chooses to store an unreported sexual assault collection kit at a coroner's office, the
healthcare provider shall not destroy or dispose of an unreported sexual assault collection kit
for period of at least twenty years after the forensic medical examination was performed.

(5) No hospital or healthcare provider shall directly bill a survivor of a sexually
oriented criminal offense for any healthcare services rendered in conducting a forensic
medical examination, including the healthcare services rendered in accordance with
Paragraph (2) of this Subsection and the following:

(a) Forensic examiner and hospital or healthcare facility services directly related to
the exam, including integral forensic supplies.

(b) Scope procedures directly related to the forensic exam including but not limited
to anoscopy and colposcopy.

(6) The healthcare provider who performed the forensic medical exam and the
hospital or healthcare facility shall submit a claim for payment for conducting a forensic
medical exam directly to the Crime Victim Reparations Board to be paid in strict accordance
with the provisions of R.S. 46:1822. A survivor of a sexually oriented criminal offense shall
not be billed directly or indirectly for the performance of any forensic medical exam. The
provisions of this Paragraph shall not be interpreted or construed to apply to either of the
following:

(a) A healthcare provider billing for any medical services that are not specifically set
forth in this Section or provided for diagnosis or treatment of the survivor for injuries related
to the sexual assault.

(b) A survivor of a sexually oriented criminal offense seeking reparations in
accordance with the Crime Victims Reparations Act, R.S. 46:1801 et seq., for the costs for
any medical services that are not specifically set forth in this Section or provided for the
diagnosis or treatment of the survivor for injuries related to the sexual assault.

(7) The department shall make available to every hospital and healthcare provider
licensed under the laws of this state a pamphlet containing an explanation of the billing
process for services rendered pursuant to this Section. Every hospital and healthcare provider
shall provide a copy of the pamphlet to any person presented for treatment as a survivor of
a sexually oriented criminal offense.

(8)(a) The survivor shall be provided with information about emergency
contraception which shall be developed and made available electronically to all licensed
hospitals in this state through the Louisiana Department of Health's website and by paper
form upon request to the department.

(b) The treating healthcare provider shall inform the survivor of the option to be
provided emergency contraception at the hospital or healthcare facility and, upon the
completion of a pregnancy test yielding a negative result, shall provide emergency
contraception upon the request of the survivor.

B.(1) These procedures shall constitute minimum standards for the operation and
maintenance of hospitals under the provisions of this Part, and failure to comply with the
standards shall constitute grounds for denial, suspension, or revocation of license under
provisions of this Part.

(2) Failure to comply with the provisions of this Section may constitute grounds for
denial, suspension, or revocation of the healthcare provider's license by the appropriate
licensing board or commission.

C. No hospital or healthcare provider shall refuse to examine and assist a survivor on
the grounds that the alleged offense occurred outside of or the survivor is not a resident of
the jurisdiction.

D.(1) Any member of the hospital staff or a healthcare provider who in good faith
notifies the appropriate law enforcement official pursuant to Paragraph (A)(1) of this Section
shall have immunity from any civil liability that otherwise might be incurred or imposed
because of the notification. The immunity shall extend to participation in any judicial
proceeding resulting from the report.

(2) The hospital or healthcare provider staff member who notifies the appropriate law
enforcement official shall document the date, time, and method of notification and the name
of the official who received the notification.

(3) On or before January first of each year, each law enforcement agency shall
provide each hospital located in its respective jurisdiction with the name of the responsible
contact person along with the responsible person's contact information in order to comply
with the provisions of this Section.

E.(1) The Louisiana Department of Health, through the medical directors of each of
its nine regional health service districts, shall coordinate an annual sexual assault response
plan for each district. Each district shall submit a proposed plan for review by the secretary
no later than November first of each year. An approved plan shall become effective February
first of the following year.

(2) When developing the annual response plan, each district shall incorporate a
sexual assault response team protocol and the uniform protocol for human trafficking
established by the Human Trafficking in Emergency Departments Task Force. Each district
shall develop the annual plan to do all of the following:

(a) Provide an inventory of all available resources and existing infrastructure in the
region and clearly outline how the resources and infrastructure will be incorporated in the
most effective manner.

(b) Clearly outline the entity responsible for the purchase of sexual assault collection
kits and the standards and procedures for the storage of the kits prior to use in a forensic
medical examination.

(c) Clearly outline the standards and procedures for a survivor to receive a forensic
medical examination, as defined in R.S. 15:622, to ensure access to such an examination in
every parish. The plan shall designate a hospital or healthcare provider to be the lead entity
for sexual assault examinations for adult survivors and a hospital or healthcare provider to
be the lead entity for sexual assault examinations for pediatric survivors. The plan shall also
include specific details directing first responders in the transport of survivors of a sexually
oriented crime, the appropriate party to perform the forensic medical examination, and any
required training for a person performing a forensic medical examination.

(d) Clearly outline the standards and procedures for the handling and payment of
medical bills related to the forensic medical examination to clarify and ensure that those
standards and procedures are in compliance with this Section and any other applicable
section of law.

(e) Clearly outline the standards and procedures for the transfer of sexual assault
collection kits pursuant to this Section and any other applicable section of law.

(3) When developing the annual response plan, the department shall solicit the input
of interested stakeholders in the region including but not limited to all of the following:

(a) The sheriff for each parish within the region.

(b) The chief of police for any political subdivision located within the region.

(c) All hospitals located within the region.

(d) The coroner for each parish within the region.

(e) First responder organizations located within the region.

(f) Higher education institutions located within the region.

(g) The school board for each parish located within the region.

(h) Sexual assault advocacy organizations and children's advocacy centers providing
services within the region.

(i) The district attorney for each parish within the region or his designee.

(j) Each crime lab located within the region.

(4) The annual response plan shall be approved by the stakeholders as provided for
in Paragraph (3) of this Subsection.

(5) The department shall include an appendix in each regional plan that provides a
copy of all notices sent to stakeholders about the sexual response plan meeting, a list of the
individuals and organizations that were provided notice, the method and timing of the notice
provided, and a list of the individuals and organizations in attendance at the meeting.

(6) The department shall record all meetings and make the recordings and annual
plans available through the Louisiana Department of Health's website.

F. All sexual assault collection kits used in a forensic medical examination shall meet
the standards developed by the Louisiana Department of Health and the Department of
Public Safety and Corrections.

G.(1) Upon request of a competent adult survivor of a sexually oriented criminal
offense, the healthcare provider that performed the forensic medical exam shall provide a
reproduction of any written documentation which is in the possession of the healthcare
provider resulting from the forensic medical exam of the survivor. The documentation shall
be provided to the survivor no later than fourteen days after the healthcare provider receives
the request or the healthcare provider completes the documentation, whichever is later.

(2) The reproduction of written documentation provided for in this Subsection shall
be made available at no cost to the survivor and may only be released at the direction of the
survivor who is a competent adult. This release does not invalidate the survivor's reasonable
expectation of privacy nor does the record become a public record after the release to the
survivor.

H. For purposes of this Section the following definitions apply:

(1) "Emergency contraception" means only drugs approved by the United States Food
and Drug Administration with mechanisms of action that likely include the prevention of
ovulation, sperm capacitation, or fertilization after sexual intercourse and do not meet the
definition of a legend drug as defined in R.S. 40:1060.11.

(2) "Forensic medical examination" has the same meaning as defined in R.S. 15:622.

(3) "Healthcare provider" means either of the following:

(a) A physician, sexual assault nurse examiner, or other healthcare practitioner
licensed, certified, registered, or otherwise authorized and trained to perform a forensic
medical examination.

(b) A facility or institution providing healthcare services, including but not limited
to a hospital or other licensed inpatient center; ambulatory surgical or treatment center;
skilled nursing facility; inpatient hospice facility; residential treatment center; diagnostic,
laboratory, or imaging center; or rehabilitation or other therapeutic health setting.

(4) "Healthcare services" means services, items, supplies, or drugs for the diagnosis,
prevention, treatment, cure, or relief of a health condition, illness, injury, or disease ancillary
to a sexually oriented criminal offense.

(5) "Sexual assault collection kit" includes all evidence collected during a forensic
medical examination.

(6) " Sexually oriented criminal offense" has the same meaning as defined in R.S.
15:622.

(7) "Unreported sexual assault collection kit" means a sexual assault collection kit
where a law enforcement agency has not received a related report or complaint alleging that
a sexual assault has occurred.

*Acts 2015, No. 229, §3, eff. June 23, 2015; Acts 2018, No. 209, §1; Acts 2022, No. 487, §1; Acts 2022, No. 513, §1, eff. Jan. 1, 2023; Acts 2022, No. 540, §1; Acts 2023, No. 193, §§2, 4; Acts 2024, No. 669, §1; Acts 2025, No. 267, §1; Acts 2025, No. 289, §2.*

#### **PART IV** LOUISIANA KIDNEY HEALTH CARE LAW

##### **§ 40:1217.1** Short title {#sec-40-1217.1 omnilex-key=us-la-statutes--rs-title-40--40:1217.1}

This Part shall be known and may be cited as the "Louisiana Kidney Health Care
Law".

*Acts 1995, No. 951, §1; Redesignated from R.S. 40:1300.81 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.2** Finding; statement of purpose {#sec-40-1217.2 omnilex-key=us-la-statutes--rs-title-40--40:1217.2}

A. The legislature finds that one of the most serious and tragic problems facing the
public health and welfare today is the death of hundreds of people in this state each year from
chronic kidney disease when the present state of medical art and technology could return
many of these people to a socially productive life. Many of these people may die due to lack
of personal financial resources to pay for the expensive equipment and care necessary for
survival.

B. The legislature recognizes a responsibility to allow its citizens to remain healthy
without being pauperized and a responsibility to use the resources and organizations of the
state to gather and disseminate information on the prevention and treatment of chronic
kidney disease.

C. The legislature further finds that a comprehensive program to combat chronic
kidney disease must be implemented through the combined and correlated efforts of
individuals, state and local governments, persons in the field of medicine, universities, and
nonprofit organizations. Therefore, it is the purpose of this Part to provide a comprehensive
and coordinated approach to direct the use of resources and care and treatment of chronic
kidney disease.

*Acts 1995, No. 951, §1; Redesignated from R.S. 40:1300.82 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.3** Definitions {#sec-40-1217.3 omnilex-key=us-la-statutes--rs-title-40--40:1217.3}

For the purpose of this Part, the following terms shall have the following meanings
unless the context clearly indicates otherwise:

(1) "Adjusted gross income" means adjusted gross income as provided by the federal
income tax return.

(2) "Chancellor" means the chancellor of the Louisiana State University Health
Sciences Center at Shreveport.

(3) "Medical center" means the Louisiana State University Health Sciences Center
at Shreveport.

(4) "Other benefit" means a benefit, other than one provided under this Part, to which
a person is entitled for payment of the costs of medical care and treatment, services,
pharmaceutical, transportation, and supplies including benefits available from any of the
following:

(a) An insurance policy, group health plan, or prepaid medical.

(b) Title XVIII or Title XIX of the Social Security Act (42 U.S.C. Sections 1395 et
seq. and 1396 et seq.).

(c) The United States Department of Veterans Affairs.

(d) The Civilian Health and Medical Program of the Uniformed Services.

(e) Workers' compensation or other compulsory employer's insurance program.

(f) A public program created by federal or state law or an ordinance or rule of a
municipality or other political subdivision of the state, excluding benefits created by the
establishment of a municipal or parish hospital, a joint municipal-parish hospital, a parish
hospital authority, or a hospital service district.

(g) A cause of action for medical expenses brought by an applicant for or recipient
of services from the department, or a settlement or judgment based on the cause of action,
if the expenses are related to the need for services provided under this Part.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 1999, No. 802, §5, eff. July 2, 1999; Redesignated from R.S. 40:1300.83 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.4** Louisiana Kidney Health Care Program; creation; eligibility {#sec-40-1217.4 omnilex-key=us-la-statutes--rs-title-40--40:1217.4}

A. The chancellor of the Louisiana State University Health Sciences Center at
Shreveport shall establish the Louisiana Kidney Health Care Program through the health
sciences center.

B. The health sciences center, by rule, shall establish the terms, conditions, and
criteria, including medical and financial criteria, for eligibility to participate in the program.
However, eligibility shall be limited to residents of the state who meet, at a minimum, all of
the following criteria:

(1) Require care and treatment for chronic kidney disease.

(2) Do not qualify for or receive other benefits.

(3) Have an adjusted gross income of less than:

(a) Seventy-five thousand dollars annually if filing a joint return.

(b) Sixty thousand dollars annually if filing a single return.

(c) Fifty thousand dollars annually if married and filing a separate return.

(4) Meet all medical criteria as determined by the health sciences center.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 1999, No. 820, §1, eff. July 2, 1999; Redesignated from R.S. 40:1300.84 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.5** Services {#sec-40-1217.5 omnilex-key=us-la-statutes--rs-title-40--40:1217.5}

A. The medical center shall provide kidney health care services directly or through
public or private resources to persons determined to be eligible for services authorized by this
Part.

B. The medical center may cooperate with other departments, agencies, political
subdivisions, and public and private institutions to provide services to eligible persons, to
study the public health and welfare needs involved, and to plan, establish, develop, and
provide programs or facilities and services that are necessary or desirable, including any that
are jointly administered with state agencies.

C. The medical center may conduct research and compile statistics relating to the
provision of kidney care services and the need for the services by persons with disabilities.

D. The medical center may contract with schools, hospitals, corporations, agencies,
and individuals, including doctors, nurses, and technicians, for training, physical restoration,
transportation, and other services necessary to treat and care for persons with kidney disease.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1300.85 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.6** Facilities {#sec-40-1217.6 omnilex-key=us-la-statutes--rs-title-40--40:1217.6}

A. The medical center may establish and maintain standards for the accreditation of
all facilities designed or intended to deliver care or treatment for persons with chronic kidney
disease.

B. The medical center may conduct surveys of existing facilities in the state that
diagnose, evaluate, and treat persons with kidney disease and may prepare and submit its
findings and a specific program of action.

C. The medical center may evaluate the need to create local or regional facilities and
to establish a major kidney research center.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.86 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.7** Selection of service providers {#sec-40-1217.7 omnilex-key=us-la-statutes--rs-title-40--40:1217.7}

A. The medical center shall establish criteria and procedures to select service
providers to furnish kidney health care services under the program.

B. The medical center shall provide a hearing procedure to resolve any conflicts
between the medical center and a service provider.

C. The medical center may not terminate a contract with a service provider while a
hearing is pending but may withhold payments while the hearing is pending. If the final
determination is in favor of the service provider, the medical center shall pay the withheld
payment and resume the contract payments.

D. The provisions of Subsections B and C of this Section shall not apply if a
contract:

(1) Is canceled because the services are restricted to conform to budgetary limitations
that require the medical center to adopt service priorities regarding types of services to be
furnished or classes of eligible individuals.

(2) Expires according to its terms.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.87 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.8** Denial, modification, suspension, or termination of services; appeal procedure; judicial review {#sec-40-1217.8 omnilex-key=us-la-statutes--rs-title-40--40:1217.8}

A. The medical center, for cause, may deny the application of or modify, suspend,
or terminate services to an applicant for or recipient of services after notice and opportunity
for a hearing.

B. Any person who is aggrieved by a decision of the medical center with regard to
a request for the provision of services may appeal such decision within thirty days. Such
appeal shall be conducted in accordance with the Administrative Procedure Act and shall be
subject to judicial review.

C. The provisions of this Section shall not apply if program services are restricted
to conform to budgetary limitations that require the medical center to adopt service priorities
regarding types of services to be furnished or classes of eligible persons.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.88 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.9** Reimbursement {#sec-40-1217.9 omnilex-key=us-la-statutes--rs-title-40--40:1217.9}

A. No applicant or recipient shall be eligible to receive services provided by this Part
to the extent that the applicant or recipient, or another person with a legal obligation to
support the applicant or recipient, is eligible for some other benefit that would pay for all or
part of the service.

B. When an application for services is made, or at any time while a person is eligible
for and receiving services, the applicant or recipient, or the person with a legal obligation to
support the applicant or recipient, shall inform the medical center of any other benefit to
which the applicant or recipient, or the person with a legal obligation to support the applicant
or recipient, may be entitled.

C. A recipient who has received services that are covered by some other benefit, or
the person with a legal obligation to support that recipient, shall reimburse the medical center
to the extent of the cost of services provided when the other benefit is received.

D. The medical center may waive the provisions of Subsection A of this Section in
certain individually considered cases when the enforcement of that provision may deny
services to a class of end stage renal disease patients because of conflicting state or federal
laws or rules.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.89 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.10** Recovery of costs {#sec-40-1217.10 omnilex-key=us-la-statutes--rs-title-40--40:1217.10}

A. The medical center may recover the costs of services provided by this Part from
a person who does not reimburse the medical center as required by R.S. 40:1217.9(C) or
from any third party who has a legal obligation to pay other benefits and to whom notice of
the medical center's interest has been given.

B. At the request of the chancellor, the medical center may file suit in the appropriate
court of Caddo Parish, or any other court of competent jurisdiction, on its behalf.

C. In a judgment rendered in favor of the medical center, the court may award
attorney fees, court costs, and interest accruing from the date on which the medical center
provided the service to the date on which the medical center is reimbursed.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.90 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.11** Funding {#sec-40-1217.11 omnilex-key=us-la-statutes--rs-title-40--40:1217.11}

The medical center may seek and receive monies from any source, including federal
funds, grants, and gifts which shall be expended for the purposes designated in this Part.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.91 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.12** Contracts {#sec-40-1217.12 omnilex-key=us-la-statutes--rs-title-40--40:1217.12}

The medical center may enter into contracts and agreements with persons, colleges,
universities, associations, corporations, municipalities, and other units of government as
necessary to develop and expand kidney health care programs and services.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.92 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.13** Scientific investigations {#sec-40-1217.13 omnilex-key=us-la-statutes--rs-title-40--40:1217.13}

A. The medical center may develop and conduct scientific investigations into the
cause, prevention, detection, methods of treatment, and cure of kidney disease, including
research in kidney transplantation.

B. The medical center may develop techniques for an effective method of mass
testing to detect kidney disease and urinary tract infections.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.93 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.14** Educational programs {#sec-40-1217.14 omnilex-key=us-la-statutes--rs-title-40--40:1217.14}

A. The medical center may institute, carry on, and supervise educational programs
for the public and health providers, including physicians, hospitals, nurses, pharmacists, and
other health providers, concerning chronic kidney disease, including prevention and methods
of care and treatment.

B. The medical center may use existing public or private programs or groups for the
educational programs.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.94 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.15** Rules and regulations {#sec-40-1217.15 omnilex-key=us-la-statutes--rs-title-40--40:1217.15}

The medical center shall adopt and promulgate such rules and regulations as are
necessary to carry out the provisions of this Part in accordance with the Administrative
Procedure Act.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.95 by HCR 84 of 2015 R.S.*

##### **§ 40:1217.16** Report {#sec-40-1217.16 omnilex-key=us-la-statutes--rs-title-40--40:1217.16}

The medical center shall prepare and submit an annual report concerning its findings,
progress, and activities to the governor, the president of the Senate, the speaker of the House
of Representatives, and the chairmen of the House and Senate committees on health and
welfare at least sixty days prior to the legislative session and shall report on the state's total
need in the area of kidney health care.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.96 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1217.17** Implementation {#sec-40-1217.17 omnilex-key=us-la-statutes--rs-title-40--40:1217.17}

The medical center shall implement the provisions of this Part to the extent that funds
are appropriated by the legislature.

*Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.97 by HCR 84 of 2015 R.S.*

#### **PART V** LOUISIANA SENIOR RX AND AGING AND DISABILITY INFORMATION STATION PROGRAMS

##### **§ 40:1219.1** Short title {#sec-40-1219.1 omnilex-key=us-la-statutes--rs-title-40--40:1219.1}

This Part shall be known and may be cited as the "Louisiana Senior Rx and Aging
and Disability Information Station Programs".

*Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.211 by HCR 84 of 2015 R.S.*

##### **§ 40:1219.2** Definitions {#sec-40-1219.2 omnilex-key=us-la-statutes--rs-title-40--40:1219.2}

As used in this Part, the following terms shall have the following meanings:

(1) "Federal poverty guidelines" means the most recent poverty guidelines as
published in the Federal Register by the United States Department of Health and Human
Services.

(2) "Income" means income from whatever source derived.

(3) "Office of elderly affairs" and "office" mean the office of elderly affairs within
the office of the governor.

(4) "Programs" mean either the Louisiana Senior Rx Program or the Aging and
Disability Information Station Program established in this Part.

*Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.212 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1219.3** Louisiana Senior Rx and Aging and Disability Information Station Programs; legislative findings; creation; eligibility {#sec-40-1219.3 omnilex-key=us-la-statutes--rs-title-40--40:1219.3}

A. The legislature finds that the pharmaceutical manufacturers, seeing a need for
such programs, have created charitable programs to aid low-income seniors and persons with
adult-onset disabilities with the cost of prescription drugs. The legislature recognizes that
seniors and adults with disabilities need assistance in locating and accessing available
supports and services. The legislature also finds that many persons are unaware of such
programs or do not know how to apply for or need assistance in applying for such programs.
It is the intent of the legislature that the office of elderly affairs implement programs to assist
seniors and persons with an adult-onset disability in accessing those programs.

B. The Louisiana Senior Rx and Aging and Disability Information Station Programs
are hereby established in the office of elderly affairs to help seniors and persons with adult-onset disabilities in accessing manufacturers' discount cards and pharmaceutical assistance
programs and to assist such persons in applying for those and other supports and service
programs.

C. Eligibility shall be limited to residents of the state who meet, at a minimum, all
of the following criteria:

(1) Must be sixty years of age or older or be a person with adult-onset disabilities.

(2) Must have a gross income that does not exceed three hundred percent of the
federal poverty guidelines.

(3) Must not have voluntarily canceled a state or federal prescription drug program
or a private prescription reimbursement plan within six months prior to application for
enrollment in the program.

*Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.213 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1219.4** Services {#sec-40-1219.4 omnilex-key=us-la-statutes--rs-title-40--40:1219.4}

A. Subject to appropriation for the programs, the office shall provide assistance to
persons determined to be eligible for services authorized by this Part. The assistance
provided by the office shall include:

(1) Assisting seniors and adults with a disability in accessing manufacturers'
pharmaceutical assistance programs and supports and services.

(2) Assisting seniors and adults with a disability in applying for manufacturers'
pharmaceutical assistance programs and supports and services.

B. Funding for the programs in Fiscal Year 2007-2008 shall be at a level consistent
with funding for the programs in Fiscal Year 2006-2007.

C. Beginning in Fiscal Year 2008-2009, funding shall be based on the maximum
allowable unit cost rate and numbers served.

*Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.214 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1219.5** Other sources of funding {#sec-40-1219.5 omnilex-key=us-la-statutes--rs-title-40--40:1219.5}

The office may seek and receive voluntary monies from any sources, including
federal funds and gifts which shall be expended for the purposes designated in this Part. The
office may also accept voluntary funding in the form of grants available to build community
public sector and private sector partnerships. The office shall include within the
development of the programs the assistance of foundations, independent and chain
community pharmacists, volunteers, state agencies, community groups, area agencies on
aging, corporations, hospitals, physicians, and any other entity that can further the intent of
the programs.

*Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.215 by HCR 84 of 2015 R.S.*

##### **§ 40:1219.6** Report {#sec-40-1219.6 omnilex-key=us-la-statutes--rs-title-40--40:1219.6}

The office shall prepare and submit a quarterly report on the programs to the
governor, president of the Senate, speaker of the House of Representatives, and the chairmen
of the Senate and House committees on health and welfare. Such reports shall include the
number of clients served, the number of prescriptions filled and refilled, the value of the
drugs provided, and the number and type of supports and service assistance provided.

*Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.216 by HCR 84 of 2015 R.S.*

#### **PART VI** TELEMEDICINE AND TELEHEALTH SERVICE REIMBURSEMENT

##### **§ 40:1221.1** Remote patient monitoring; medical assistance program {#sec-40-1221.1 omnilex-key=us-la-statutes--rs-title-40--40:1221.1}

A. Remote patient monitoring services as provided for in the Louisiana Remote
Patient Monitoring Program Law, R.S. 40:1227.1 et seq., shall be a covered service in the
medical assistance program.

B. A one-time telehealth installation and training reimbursement to the telehealth
provider from Medicaid for remote patient monitoring services may also be reimbursed at
a maximum of two installation and training reimbursements per calendar year.

C. No geographic restrictions shall be placed on the delivery of remote patient
monitoring services in the home setting other than requiring that the patient reside within this
state.

D. For the purposes of this Section, "medical assistance program" means the medical
assistance program provided for in Title XIX of the Social Security Act as administered by
the Louisiana Department of Health.

E. The Louisiana Department of Health shall promulgate rules and regulations as are
necessary for the implementation of the "Louisiana Remote Patient Monitoring Program
Law", and the provisions of this Part shall be applicable only upon either a specific
appropriation or funds made available by the Louisiana Department of Health for the
implementation of the "Louisiana Remote Patient Monitoring Program Law".

*Acts 2024, No. 749, §1.*

##### **§ 40:1221.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.2 omnilex-key=us-la-statutes--rs-title-40--40:1221.2}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.3** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.3 omnilex-key=us-la-statutes--rs-title-40--40:1221.3}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.4** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.4 omnilex-key=us-la-statutes--rs-title-40--40:1221.4}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.5** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.5 omnilex-key=us-la-statutes--rs-title-40--40:1221.5}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.6** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.6 omnilex-key=us-la-statutes--rs-title-40--40:1221.6}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.7** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.7 omnilex-key=us-la-statutes--rs-title-40--40:1221.7}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.8** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.8 omnilex-key=us-la-statutes--rs-title-40--40:1221.8}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.9** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.9 omnilex-key=us-la-statutes--rs-title-40--40:1221.9}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.10** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.10 omnilex-key=us-la-statutes--rs-title-40--40:1221.10}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1221.11** Repealed by Acts 2022, No. 252, §3. {#sec-40-1221.11 omnilex-key=us-la-statutes--rs-title-40--40:1221.11}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1223.1** Short title {#sec-40-1223.1 omnilex-key=us-la-statutes--rs-title-40--40:1223.1}

This Part shall be known and may be cited as the "Louisiana Telehealth Access Act".

*Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.401 by HCR 84 of 2015 R.S.*

##### **§ 40:1223.2** Legislative findings {#sec-40-1223.2 omnilex-key=us-la-statutes--rs-title-40--40:1223.2}

The legislature hereby finds and declares the following:

(1) As an innovative form of health care, telehealth is extremely valuable because
it enhances access to care, particularly in rural locations and other medically underserved
areas; makes delivery of care more cost-effective; and distributes limited provider resources
more efficiently.

(2) Many patients with limited access to traditional health care can be diagnosed and
treated sooner through telehealth than they would be otherwise, resulting in improved
outcomes and less costly treatments due to early detection and prevention.

(3) Telehealth services could potentially address a great unmet need for health care
by persons who have limited access to traditional healthcare settings.

(4) If this state is to achieve much needed improvement in health outcomes, a
prudent and responsible policy for doing so would be to balance patient safety and access to
care through expanding access to telehealth services for the people of Louisiana.

*Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.402 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

##### **§ 40:1223.3** Definitions {#sec-40-1223.3 omnilex-key=us-la-statutes--rs-title-40--40:1223.3}

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) "Asynchronous store and forward transfer" means the transmission of a patient's
medical information from an originating site to the provider at the distant site without the
patient being present.

(2) "Distant site" means the site at which the healthcare provider delivering the
service is located at the time the service is provided via a telecommunications system.

(3) "Healthcare provider" means a person, partnership, limited liability partnership,
limited liability company, corporation, facility, or institution licensed or certified by this state
to practice medicine or provide health care or healthcare professional services which may be
provided by telehealth in the ordinary course of business or practice of a profession.

(4) "Originating site" means the location of the patient at the time the service is
furnished via a telecommunications system or when the asynchronous store and forward
transfer occurs.

(5) "Synchronous interaction" means communication through interactive technology
that enables a healthcare provider and a patient at two locations separated by distance to
interact via two-way video and audio transmissions simultaneously.

(6)(a) "Telehealth" means healthcare services, including behavioral health services,
provided by a healthcare provider, as defined in this Section, to a person through the use of
electronic communications, information technology, asynchronous store-and-forward transfer
technology, or synchronous interaction between a provider at a distant site and a patient at
an originating site, including but not limited to assessment of, diagnosis of, consultation
with, treatment of, and remote monitoring of a patient, and transfer of medical data. The
term "telehealth" shall not include any of the following:

(i) Electronic mail messages and text messages that are not compliant with
applicable requirements of the Health Insurance Portability and Accountability Act of 1996,
as amended, 42 U.S.C. 1320d et seq.

(ii) Facsimile transmissions.

(b) For purposes of this Paragraph, "behavioral health services" means all of the
following:

(i) Behavioral health services as defined in R.S. 40:2153 that are appropriate for the
patient and delivered by a licensed mental health professional, acting within the scope of
applicable state laws and his professional license for services identified by the Louisiana
Department of Health, to treat mental illness or substance use.

(ii) Services provided by a behavioral health provider who works for a licensed
agency or credentialed provider which provides community psychiatric support and treatment
services or psychosocial rehabilitation services as defined in R.S. 40:2162.

*Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.403 by HCR 84 of 2015 R.S.; Acts 2016, No. 417, §1; Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2020, No. 191, §2; Acts 2021, No. 92, §2; Acts 2021, No. 266, §2; Acts 2022, No. 189, §2; Acts 2022, No. 271, §4; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

##### **§ 40:1223.4** Telehealth; rulemaking required {#sec-40-1223.4 omnilex-key=us-la-statutes--rs-title-40--40:1223.4}

A. Each state agency or professional or occupational licensing board or commission
that regulates the practice of a healthcare provider, as defined in this Part, shall promulgate,
in accordance with the Administrative Procedure Act, any rules necessary to provide for,
promote, and regulate the use of telehealth in the delivery of healthcare services within the
scope of practice regulated by the licensing entity.

B. The rules shall, at a minimum, provide for all of the following:

(1) Application of all laws regarding the confidentiality of healthcare information
and the patient's rights to the patient's medical information created during telehealth
interactions.

(2) Application of the same standard of care by a healthcare provider as if the
healthcare services were provided in person.

(3)(a) Licensing or registration of out-of-state healthcare providers who seek to
furnish healthcare services via telehealth to persons at originating sites in Louisiana. The
rules shall ensure that the healthcare provider possesses, at a minimum, an unrestricted and
unencumbered license in good standing to perform the healthcare service in the state in
which the healthcare provider is located, and that the license is comparable to its
corresponding license in Louisiana as determined by the respective Louisiana licensing
agency, board, or commission.

(b) Each state agency and professional or occupational licensing board or
commission may provide by rule for a reasonable fee for the license or registration provided
for in this Subsection.

(4) Exemption from the telehealth license or registration required by this Subsection
for the consultation of a healthcare professional licensed by this state with an out-of-state
peer professional.

(5) Except as otherwise provided in Paragraph (6) of this Subsection, a healthcare
provider shall not be required to conduct an in-person patient history or physical examination
of the patient before engaging in a telehealth encounter but shall provide a referral to a
healthcare provider in this state or arrange for follow-up care in this state as necessary.

(6) Except as authorized by R.S. 37:1271.1 or otherwise by rule promulgated by a
state agency or professional or occupational licensing board or commission, no healthcare
provider shall prescribe any controlled dangerous substance prior to conducting an
appropriate in-person patient history or physical examination of the patient as determined by
the appropriate state agency or professional or occupational licensing board or commission.

(7) A healthcare provider may use interactive audio without the requirement of video
if, after access and review of the patient's medical records, the healthcare provider determines
that he is able to meet the same standard of care as if the healthcare services were provided
in person.

(8) Creation of a record on each patient. The record shall be made available, upon
request, to the state agency or professional or occupational licensing board or commission
that regulates the practice of the healthcare provider.

C. Nothing in this Part shall be construed to authorize a state agency or professional
or occupational licensing board or commission to expand, diminish, or alter the scope of
practice of any healthcare provider.

*Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.404 by HCR 84 of 2015 R.S.; Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

##### **§ 40:1223.5** Venue; telehealth {#sec-40-1223.5 omnilex-key=us-la-statutes--rs-title-40--40:1223.5}

Venue in any suit filed involving care rendered via telehealth pursuant to the
provisions of this Part shall be proper and instituted before the district court of the judicial
district in which the patient resides or in the district court having jurisdiction in the parish
where the patient was physically located during the provision of the telehealth service. The
patient is considered physically located at the originating site as defined in R.S. 40:1223.3.

*Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

#### **PART VIII** PROSTHETICS AND ORTHOTICS FROM ACCREDITED FACILITIES

##### **§ 40:1225.1** Purchase of prostheses, orthoses, prosthetic services, and orthotic services by a state agency from an accredited facility; Medicaid reimbursement; definitions; penalties {#sec-40-1225.1 omnilex-key=us-la-statutes--rs-title-40--40:1225.1}

A.(1) Any state agencies which utilize funds to pay for prostheses, orthoses,
prosthetic services, or orthotic services shall only purchase such services, prostheses, or
orthoses from an accredited facility.

(2) No reimbursements from the state Medicaid program shall be paid for prostheses,
orthoses, prosthetic services, or orthotic services except to an accredited facility.

B. As used in this Section, the following terms shall have the following meanings,
unless the context clearly indicates otherwise:

(1) "Accredited facility" means any facility that is accredited by the American Board
for Certification in Orthotics, Prosthetics, and Pedorthics, or by the Board for
Orthotist/Prosthetist Certification which provides prostheses, orthoses, prosthetic services,
or orthotic services.

(2) "Orthosis" means a custom fabricated brace or support that is designed based on
medical necessity. Orthoses shall not include prefabricated or direct-formed orthotic devices,
or any of the following assistive technology devices: commercially available knee orthoses
used following injury or surgery, upper extremity adaptive equipment, finger splints, hand
splints, wrist gauntlets, face masks used following burns, wheelchair seating that is an
integral part of the wheelchair and not worn by the patient independent of the wheelchair,
fabric or elastic supports, corsets, low-temperature formed plastic splints, trusses, elastic
hose, canes, crutches, cervical collars, and dental appliances, such as those commonly carried
in stock by a pharmacy, department store, corset shop, or surgical supply facility.

(3) "Orthotic services" includes the science and practice of evaluating, measuring,
designing, fabricating, assembling, fitting, adjusting, or servicing of an external device for
the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction,
disease, injury, or deformity. Orthotic practice provides continuing patient care in order to
assure proper fit and function of the orthotic device by periodic evaluation.

(4) "Prosthesis" means an artificial limb designed to maximize function, stability,
and safety of the patient. Prosthesis also means an artificial medical device that is not
surgically implanted and that is used to replace a missing limb. The term shall not include
artificial eyes, ears, noses, dental appliances, ostomy products, or devices such as eyelashes
or wigs.

(5) "Prosthetic services" includes the science and practice of evaluating, measuring,
designing, fabricating, assembling, fitting, aligning, adjusting, or servicing of a prosthesis
through the replacement of external parts of a human body lost due to amputation or
congenital deformities to restore function, cosmesis, or both.

C. Any person who does not provide services from an accredited facility as defined
in Paragraph (1) of Subsection B, or any organization or facility which is not accredited as
defined in Paragraph (1) of Subsection B, and accepts payment from a state agency for
prostheses, orthoses, prosthetic services, or orthotic services shall be fined twenty-five
hundred dollars per violation and shall reimburse the state agency for the cost of the
prostheses, orthoses, or services.

D. Any person who does not provide services from an accredited facility as defined
in Paragraph (1) of Subsection B, or any organization or facility which is not accredited as
defined in Paragraph (1) of Subsection B, and is reimbursed from the state Medicaid program
for prostheses, orthoses, prosthetic services, or orthotic services shall be fined twenty-five
hundred dollars per violation and shall reimburse the state Medicaid program for the cost of
the prostheses, orthoses, or services.

E. Any fines collected pursuant to this Section shall be deposited in the state general
fund after compliance with the requirements of Article VII, Section 9(B) of the Constitution
of Louisiana relative to the Bond Security and Redemption Fund.

F. Nothing in this Part shall prohibit a licensed occupational therapist or a licensed
physical therapist from practicing within his scope of practice. In addition, the provisions
of this Part shall not apply to a licensed optometrist, ophthalmologist, podiatrist, or
orthopedist.

*Acts 2008, No. 732, §2, eff. Jan. 1, 2009; Acts 2010, No. 255, §2; Redesignated from R.S. 40:1300.281 by HCR 84 of 2015 R.S.*

#### **PART IX** LOUISIANA FAMILY CAREGIVER ACT

##### **§ 40:1226.1** Definitions {#sec-40-1226.1 omnilex-key=us-la-statutes--rs-title-40--40:1226.1}

As used in this Part, the following terms shall have the meanings ascribed to them
in this Section unless otherwise provided for or unless the context otherwise indicates:

(1) "Aftercare" means any assistance provided by a caregiver to a patient pursuant
to this Part after the patient's discharge from a hospital. Such assistance may include tasks
that are limited to the patient's condition at the time of discharge and that do not require a
licensed professional.

(2) "Caregiver" means an individual who meets all of the following conditions:

(a) Is eighteen years of age or older.

(b) Provides aftercare to an individual.

(c) Is identified by the patient or, if applicable, the legal guardian of the patient as
a person who is involved with the health care of the patient pursuant to 45 CFR 164.510(b),
as it existed on January 1, 2015.

(3) "Discharge" means a patient's release from hospital care to the patient's residence
following an inpatient admission.

(4) "Hospital" means a facility licensed under the provisions of Part II of Chapter 11
of this Title.

(5) "Patient" means an individual who has been admitted to a hospital for inpatient
care and who is eighteen years of age or older.

(6) "Residence" means a dwelling that the patient considers to be his home. A
residence shall not include any rehabilitation facility, hospital, nursing home, assisted living
facility, or group home.

*Acts 2016, No. 351, §1; Acts 2018, No. 206, §4.*

##### **§ 40:1226.2** Designation of a caregiver {#sec-40-1226.2 omnilex-key=us-la-statutes--rs-title-40--40:1226.2}

A.(1) A hospital shall provide each patient or, if applicable, the patient's legal
guardian with at least one opportunity to designate a caregiver following the patient's
inpatient admission into a hospital and prior to the patient's discharge.

(2) In the event that the patient is unconscious or otherwise incapacitated upon his
entry into a hospital, the hospital shall provide such patient or his legal guardian with an
opportunity to designate a caregiver following the patient's recovery of his consciousness or
capacity.

(3) In the event that the patient or the patient's legal guardian designates an
individual as a caregiver, the hospital shall record the patient's designation of caregiver and
the name, telephone number, and address of the patient's designated caregiver in the patient's
medical record.

(4) In the event the original designated caregiver becomes unavailable, unwilling,
or unable to care for the patient prior to discharge, a patient may elect to change his
designated caregiver, and the hospital shall record this change in the patient's medical record.

B. The hospital shall be deemed to have complied in full with the provisions of this
Part in the event that the patient or, if applicable, the legal guardian of the patient declines
to designate a caregiver under this Part.

C. A designation of a caregiver by a patient or a patient's legal guardian under this
Part does not obligate any individual to perform any aftercare tasks for any patient.

D. This Section shall not be construed to require a patient or a patient's legal
guardian to designate any individual as a caregiver.

*Acts 2016, No. 351, §1.*

##### **§ 40:1226.3** Notice to caregiver {#sec-40-1226.3 omnilex-key=us-la-statutes--rs-title-40--40:1226.3}

If a patient has designated a caregiver, a hospital shall make a good faith attempt to
notify the patient's designated caregiver of the patient's discharge to the patient's residence
as soon as possible prior to the patient's discharge. If the hospital is unable to contact the
designated caregiver, the lack of contact may not interfere with, delay or otherwise affect the
medical care provided to the patient, or an appropriate discharge of the patient.

*Acts 2016, No. 351, §1.*

##### **§ 40:1226.4** Education and instruction provided to caregiver {#sec-40-1226.4 omnilex-key=us-la-statutes--rs-title-40--40:1226.4}

A. As soon as practicable prior to the patient's discharge, the hospital shall make a
reasonable effort to consult with the designated caregiver along with the patient, taking into
account the capabilities and limitations of the caregiver, to accomplish the aftercare tasks that
may be included in a discharge care plan that describes the patient's aftercare needs at his
residence.

B. As part of the consultation under Subsection A of this Section, the hospital shall
educate and instruct the caregiver concerning the aftercare needs of the patient in a manner
that is consistent with the discharge plan and is based on the learning needs of the caregiver.
In addition, the hospital shall also provide an opportunity for the caregiver and patient to ask
questions and receive explanations about the aftercare tasks.

C. In the event the hospital is unable to contact the designated caregiver, the lack of
contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the
patient.

*Acts 2016, No. 351, §1.*

##### **§ 40:1226.5** Noninterference with medical decision making {#sec-40-1226.5 omnilex-key=us-la-statutes--rs-title-40--40:1226.5}

The provisions of this Part shall not allow or otherwise be interpreted or construed
to allow a caregiver to make any medical decisions or provide informed consent on behalf
of the patient unless the caregiver is otherwise authorized to do so pursuant to law. Nothing
in this Part shall be construed to interfere with, supersede, or any other way affect the
provisions of Parts I and II of Subchapter A of this Chapter or with the rights of a mandatary
of the patient acting pursuant to a mandate.

*Acts 2016, No. 351, §1.*

##### **§ 40:1226.6** Limitation of liability {#sec-40-1226.6 omnilex-key=us-la-statutes--rs-title-40--40:1226.6}

A. Nothing in this Part shall be construed to create a cause of action against a
hospital, hospital employee, duly authorized agent of the hospital, or any consultant or
contractor with whom the hospital has a contractual relationship.

B. A hospital, hospital employee, or any consultant or contractor with whom a
hospital has a contractual relationship shall not be liable, vicariously or otherwise, to any
patient for any injury, death, loss, civil penalty, or damage as a result of any act or omission
of a caregiver in rendering assistance or care to a patient or as a result of any act or failure
to act or failure to provide care rendered by a caregiver to a patient.

C. A hospital, hospital employee, or any consultant or contractor with whom a
hospital has a contractual relationship shall not be liable to any caregiver designated pursuant
to the provisions of this Part, except for gross negligence or willful and wanton misconduct
directly related to the education and instruction provided to the caregiver concerning the
aftercare needs of the patient, for any injury, death, loss, civil penalty, or damage as a result
of any act or omission of a caregiver in rendering assistance or care to a patient or as a result
of any act or failure to act or failure to provide care rendered by a caregiver to a patient.

*Acts 2016, No. 351, §1.*

##### **§ 40:1226.7** Compensation of caregiver {#sec-40-1226.7 omnilex-key=us-la-statutes--rs-title-40--40:1226.7}

A caregiver designated under the provisions of this Part shall not accept
compensation in exchange for aftercare provided to the patient. A licensed medical
professional may be designated as a caregiver as long as the individual does not accept
compensation for aftercare provided to the patient.

*Acts 2016, No. 351, §1.*

#### **PART X** REMOTE PATIENT MONITORING

##### **§ 40:1227.1** Short title {#sec-40-1227.1 omnilex-key=us-la-statutes--rs-title-40--40:1227.1}

This Part shall be known and may be cited as the "Louisiana Remote Patient
Monitoring Program Law".

*Acts 2024, No. 749, §1.*

##### **§ 40:1227.2** Legislative findings {#sec-40-1227.2 omnilex-key=us-la-statutes--rs-title-40--40:1227.2}

A. The legislature hereby finds and declares that remote patient monitoring services
aim to allow more people to remain at home or in other residential settings and to improve
the quality and cost of their care, including prevention of more costly care.

B. The legislature further declares that the goal of remote patient monitoring services
provided through telehealth is to coordinate primary, acute, chronic disease, behavioral, and
long-term social service needs for high-need, high-cost patients.

*Acts 2024, No. 749, §1.*

##### **§ 40:1227.3** Definitions {#sec-40-1227.3 omnilex-key=us-la-statutes--rs-title-40--40:1227.3}

As used in this Part, the following terms have the meanings ascribed to them:

(1) "Remote patient monitoring services" means the delivery of in-home healthcare
services using telecommunications technology to enhance the delivery of in-home health
care, including but not limited to all of the following:

(a) Monitoring of clinical patient data such as weight, blood pressure, pulse, pulse
oximetry, and other condition-specific data, such as blood glucose and activity trackers.

(b) Medication adherence monitoring.

(c) Interactive video conferencing with or without digital image upload.

(2) "Telehealth" has the same meaning as defined in R.S. 40:1223.3.

*Acts 2024, No. 749, §1.*

##### **§ 40:1227.4** Remote patient monitoring {#sec-40-1227.4 omnilex-key=us-la-statutes--rs-title-40--40:1227.4}

Remote patient monitoring services provided through telehealth may be used by
patients who meet the requirements of this Section and are capable and willing to use home
telehealth and can maintain performance of needed tasks or have the availability of informal
caregivers to help with remote patient monitoring through telehealth.

*Acts 2024, No. 749, §1.*

##### **§ 40:1227.5** Qualifications for patients {#sec-40-1227.5 omnilex-key=us-la-statutes--rs-title-40--40:1227.5}

To qualify for participation in remote patient monitoring services, a patient shall have
a recommendation from the patient's healthcare provider for disease management services
through remote patient monitoring and shall meet one of the following criteria:

(1) Has been diagnosed with one or more chronic conditions, as defined by the
Centers for Medicare and Medicaid Services, including but not limited to sickle cell disease,
mental illness, asthma, diabetes, cancer, and heart disease.

(2) Has a recent history of costly service use due to one or more chronic conditions
as evidenced by two or more hospitalizations, including emergency room visits, in the last
twelve months.

(3) Is a pregnant or postpartum woman.

(4) Is an infant who has been discharged from a hospital after requiring neonatal
intensive care.

*Acts 2024, No. 749, §1; Acts 2025, No. 322, §1, eff. June 11, 2025.*

##### **§ 40:1227.6** Remote monitoring services {#sec-40-1227.6 omnilex-key=us-la-statutes--rs-title-40--40:1227.6}

Remote patient monitoring services through telehealth may consist of all of the
following:

(1) An assessment, problem identification, and evaluation which includes all of the
following:

(a) Assessment and monitoring of clinical data, including but not limited to
appropriate vital signs, pain levels, and other biometric measures specified in the plan of care
and an assessment of responses to previous changes in the plan of care.

(b) Detection of condition changes based on the telehealth encounter that may
indicate the need for a change in the plan of care.

(2) Implementation of a management plan through one or more of the following:

(a) Teaching regarding medication management as appropriate based on the
telemedicine findings for that encounter.

(b) Teaching regarding other interventions as appropriate to both the patient and the
caregiver.

(c) Management and evaluation of the plan of care including changes in visit
frequency or addition of other skilled services.

(d) Coordination of care with the ordering healthcare provider regarding telehealth
findings.

(e) Coordination and referral to other healthcare providers as needed.

(f) Referral for an in-person visit or the emergency room as needed.

*Acts 2024, No. 749, §1.*

##### **§ 40:1227.7** Remote monitoring equipment and network requirements {#sec-40-1227.7 omnilex-key=us-la-statutes--rs-title-40--40:1227.7}

Any telehealth equipment and network used for remote patient monitoring services
shall meet all of the following requirements:

(1) Compliance with applicable standards of the United States Food and Drug
Administration.

(2) Maintenance of telehealth equipment in good repair and free from safety hazards.

(3) Installation of only new or sanitized equipment in the patient's home setting.

(4) Availability of technical and clinical support services for the patient user.

*Acts 2024, No. 749, §1.*

##### **§ 40:1227.8** Remote monitoring services; procedure code required {#sec-40-1227.8 omnilex-key=us-la-statutes--rs-title-40--40:1227.8}

A. In any reimbursement claim for the remote monitoring services provided, the
appropriate procedure code as established by the Louisiana Department of Health for the
covered healthcare service shall be included with the appropriate modifier indicating
telehealth services were used.

B. Nothing in this Section shall prohibit any health benefit plan offered by a health
insurer, managed care organization, or other health payor from establishing its own policy
and payment structure for in lieu of service agreements with providers.

*Acts 2024, No. 749, §1.*

##### **§ 40:1231** Redesignated to R.S. 40:1131 by HCR 84 of 2015 R.S. {#sec-40-1231 omnilex-key=us-la-statutes--rs-title-40--40:1231}

*Redesignated to R.S. 40:1131 by HCR 84 of 2015 R.S.*

#### **SUBCHAPTER E** MALPRACTICE

#### **PART I** MEDICAL MALPRACTICE

##### **§ 40:1231.1** Definitions and general applications {#sec-40-1231.1 omnilex-key=us-la-statutes--rs-title-40--40:1231.1}

A. As used in this Part:

(1) "Ambulance service" means an entity under circumstances in which the
provisions of R.S. 40:1237.1 are not applicable which operates either ground or air
ambulances, using a minimum of two persons on each ground ambulance, at least one of
whom is trained and registered at the level of certified emergency medical technician-basic,
or at the intermediate or paramedic levels, or one who is a registered nurse, and using a
minimum on any air ambulance of one person trained and registered at the paramedic level
or a person who is a registered nurse, or any officer, employee, or agent thereof acting in the
course and scope of his employment, including any student enrolled in a qualified emergency
medical services educational program under the direct supervision of a licensed health care
provider.

(2) "Authority" means the Residual Malpractice Insurance Authority established
under Section 1231.7.

(3) "Board" means the Patient's Compensation Fund Oversight Board created in R.S.
40:1231.4(D).

(4) "Claimant" means a patient or representative or any person, including a
decedent's estate, seeking or who has sought recovery of damages or future medical care and
related benefits under this Part. All persons claiming to have sustained damages as a result
of injuries to or death of any one patient are considered a single claimant.

(5) "Claims manager" means the claims manager appointed and employed by the
board pursuant to R.S. 40:1231.4(D)(2)(g).

(6) "Community blood center" means any independent nonprofit nonhospital based
facility which collects blood and blood products from donors primarily to supply blood and
blood components to other health care facilities.

(7) "Court" means a court of competent jurisdiction and proper venue over the
parties.

(8) "Executive director" means the executive director of the board, appointed and
employed pursuant to R.S. 40:1231.4(D)(2)(f).

(9) "Health care" means any act, treatment, administration, service, or care related
to policies and procedures and the administration thereof, staffing, custodial services by
licensed or certified staff, performed or furnished, or which should have been performed or
furnished, by any health care provider for, to, or on behalf of a patient during the patient's
medical care, treatment, or confinement, or during or relating to or in connection with the
procurement of human blood or blood components. This includes all acts associated with
the medical treatment of an individual, whether directly related to clinical care or performed
in an administrative or managerial capacity necessary for the delivery of such care.

(10) "Health care provider" means a person, partnership, limited liability partnership,
limited liability company, corporation, facility, or institution licensed or certified by this
state, state agencies, or a state board to provide health care or professional services as a
physician, hospital, nursing home, community blood center, tissue bank, dentist, a licensed
dietician or licensed nutritionist employed by, referred by, or performing work under contract
for, a health care provider or other person already covered by this Part, registered or licensed
practical nurse or certified nurse assistant, offshore health service provider, ambulance
service under circumstances in which the provisions of R.S. 40:1237.1 are not applicable,
certified registered nurse anesthetist, nurse midwife, licensed midwife, nurse practitioner,
clinical nurse specialist, pharmacist, optometrist, podiatrist, chiropractor, physical therapist,
occupational therapist, psychologist, social worker, licensed professional counselor, licensed
perfusionist, licensed respiratory therapist, licensed radiologic technologist, licensed clinical
laboratory scientist, or any nonprofit facility considered tax-exempt under Section 501(c)(3),
Internal Revenue Code, pursuant to 26 U.S.C. 501(c)(3), for the diagnosis and treatment of
cancer or cancer-related diseases, whether or not such a facility is required to be licensed by
this state, or any professional corporation a health care provider is authorized to form under
the provisions of Title 12 of the Louisiana Revised Statutes of 1950, or any partnership,
limited liability partnership, limited liability company, management company, or corporation
which may provide any kind of health care whatsoever, or an officer, employee, partner,
member, shareholder, or agent thereof acting in the course and scope of his employment.

(11) "Hospital" means any hospital as defined in R.S. 40:2102; any "nursing home"
or "home" as defined in R.S. 40:2009.2; or any physician's or dentist's offices or clinics
containing facilities for the examination, diagnosis, treatment or care of human illnesses.

(12) "Insurer" means the authority or the entity chosen to manage the authority or an
insurer writing policies of malpractice insurance.

(13) "Malpractice" means any unintentional tort or any breach of contract based on
health care or professional services rendered, or which should have been rendered, by a
health care provider, to a patient, including but not limited to failure to render services timely
and the handling of a patient, loading and unloading of a patient, and all legal responsibility
of a health care provider arising from acts or omissions during the procurement of blood or
blood components, in the staffing, training, or supervision of health care providers, or from
defects in blood, tissue, transplants, drugs, and medicines, or from defects in or failures of
prosthetic devices implanted in or used on or in the person of a patient. This includes all acts
associated with the medical treatment of an individual, whether directly related to clinical
care or performed in an administrative or managerial capacity necessary for the delivery of
such care.

(14) "Offshore health service provider" means any individual or entity which
provides any health care service rendered by an emergency medical technician-basic, or at
the intermediate or paramedic levels, or one who is a registered nurse, when such medical
care is rendered on a fixed platform in Louisiana territorial waters or on the Outer
Continental Shelf, adjacent to Louisiana territorial waters, or any instance on the Outer
Continental Shelf where the applicable law, under the Outer Continental Shelf Lands Act,
43 U.S.C. 1331 et seq., would be the laws of the state of Louisiana.

(15) "Patient" means a natural person, including a donor of human blood, a donor
or prospective donor of an organ or tissue, or blood components and a nursing home resident
who receives or should have received health care from a licensed health care provider, under
contract, expressed or implied.

(16) "Physician" means a person with an unlimited license to practice medicine in
this state.

(17) "Proof of financial responsibility" as provided for in this Part shall be
determined by the board in accordance with regulations promulgated under the
Administrative Procedure Act.

(18) "Representative" means the spouse, parent, guardian, trustee, attorney or other
legal agent of the patient.

(19) "Risk" means any health care provider which shall apply for malpractice liability
insurance coverage under the provisions of R.S. 40:1231.7.

(20) "Risk manager" means an insurance company with no less than an "A" rating
according to the then current annual edition of Best's Insurance Reports or a domestic
insurance company with assets in excess of ten million dollars chosen by the commissioner
according to the public bid laws of the state, to manage the authority.

(21) "Tissue bank" means any independent nonprofit facility procuring and
processing human organs or tissues for transplantation, medical education, research, or
therapy.

(22) "Tort" means any breach of duty or any negligent act or omission proximately
causing injury or damage to another. The standard of care required of every health care
provider, except a hospital, in rendering professional services or health care to a patient, shall
be to exercise that degree of skill ordinarily employed, under similar circumstances, by the
members of his profession in good standing in the same community or locality, and to use
reasonable care and diligence, along with his best judgment, in the application of his skill.

B. Wherever necessary to the context of this Part the masculine shall mean and
include the feminine and the singular shall mean and include the plural.

C. No liability shall be imposed upon any health care provider on the basis of an
alleged breach of contract, whether by express or implied warranty, assuring results to be
obtained from any procedure undertaken in the course of health care, unless such contract
is expressly set forth in writing and signed by such health care provider or by an authorized
agent of such health care provider.

D. A health care provider who fails to qualify under this Part is not covered by the
provisions of this Part and is subject to liability under the law without regard to the
provisions of this Part. If a health care provider does not so qualify, the patient's remedy will
not be affected by the terms and provisions of this Part, except as hereinafter provided with
respect to the suspension and the running of prescription of actions against a health care
provider who has not qualified under this Part when a claim has been filed against the health
care provider for review under this Part.

E.(1) Subject to R.S. 40:1231.8, a claimant having a claim under this Part for bodily
injuries to or death of a patient on account of malpractice may file a complaint in any court
of competent jurisdiction and proper venue. Upon filing the complaint in court for bodily
injuries to or death of a patient on account of malpractice, said claimant shall send, by
certified mail, return receipt requested, a copy of the complaint, and any amendments thereto,
to the board. The claimant shall also promptly provide written notice to the board of the trial
date upon receiving notice from the court scheduling a trial in such proceeding.

(2) No dollar amount or figure shall be included in the demand in any malpractice
complaint, but the prayer shall be for such damages as are reasonable in the premises.

(3) This Section shall not prevent a person from alleging a requisite jurisdictional
amount in a malpractice claim filed in a court requiring such an allegation.

(4) All claims and complaints submitted by a patient, claimant, or their
representative, as a result of malpractice as defined in this Section, shall, once the parties
have certified to the court that discovery is complete, be given priority on the court's docket,
to the extent practicable, over any other civil action before the court, provided that the
provisions of this Paragraph shall not supersede the provisions of Code of Civil Procedure
Article 1573.

F. The provisions of this Part do not apply to any act of malpractice which occurred
before September 1, 1975. The provisions of this Part that provide for the suspension and
the running of prescription with respect to a health care provider who has not qualified under
this Part, but against whom a claim has been filed under this Part, do not apply to any act of
malpractice which occurred before September 1, 1981.

G. Notwithstanding the provisions of Subsection D of this Section, the running of
prescription against a health care provider who is answerable in solido with a qualified health
care provider against whom a claim has been filed for review under this Part shall be
suspended in accordance with the provisions of R.S. 40:1231.8(A)(2)(a).

H. The provisions of this Part do not apply to any act of malpractice which occurred
before September 1, 1975. The provisions of this Part that provide for the suspension of the
running of prescription with respect to a health care provider who is answerable in solido
with another health care provider apply to an act of malpractice which has been duly
submitted for review prior to September 1, 1981 but in which the third health care provider
panelist has not been selected. The provision for the suspension of the running of
prescription does not apply to any act of malpractice which has not been duly submitted for
review and which has prescribed on September 1, 1981.

I. Nothing in this Part shall be construed to make the patient's compensation fund
liable for any sums except for those arising from medical malpractice. Notwithstanding any
other law to the contrary, including but not limited to R.S. 13:5106, the provisions of this
Part shall not apply to medical malpractice actions against the state or any political
subdivision thereof with the exception of a hospital service district and a municipally owned
hospital and any entities, organizations, or subsidiary owned, operated, or controlled by such
a hospital service district or municipally owned hospital. However, this Part shall apply to
any certified emergency medical technician-basic, or at the intermediate or paramedic level,
employed by any political subdivision of the state, and to any medical advisor or registered
nurse performing emergency medical services under contract with any political subdivision
of the state.

J. The board shall appoint legal counsel for the Patient's Compensation Fund. It shall
be the responsibility of the board to establish minimum qualifications and standards for
lawyers who may be appointed to defend professional liability cases. The minimum
qualifications and the appointments procedure shall be published at least annually in the
Louisiana Bar Journal or such other publication as will reasonably assure dissemination to
the membership of the Louisiana State Bar Association. The primary counsel may be
permitted by the board to continue the professional liability litigation on behalf of the
Patient's Compensation Fund where no conflict of interest exists or where there is no
potential conflict of interest. The function of establishing reserves shall be carried out by the
board.

K. The provisions of this Part shall not apply to any health care provider when
performing the elective termination of an uncomplicated viable pregnancy.

L. Any cause of action for the unintentional acts or omissions arising from
resuscitating a patient who has a declaration concerning life-sustaining procedures executed
pursuant to R.S. 40:1151 et seq., a Louisiana Physician Order for Scope of Treatment
executed pursuant to R.S. 40:1155.1 et seq., or a do not resuscitate order issued by a
physician licensed in this state shall be governed by the provisions of this Part.

M. Any cause of action for an unintentional act or omission by an organ procurement
organization to a donor or prospective donor of an anatomical gift, as defined in R.S.
17:2351, shall be governed by the provisions of this Section.

Amended by Acts 1991, No. 661, §1; Acts 1991, No. 825, §1; Acts 1992, No. 824,
§1; Acts 1992, No. 908, §1; Acts 1997, No. 646, §1; Acts 1999, No. 1309, §8, eff. Jan. 1,
2000; Acts 2001, No. 108, §1; Acts 2001, No. 486, §4, eff. June 21, 2001; Acts 2001, No.
697, §1; Acts 2002, 1st Ex. Sess., No. 86, §1; Acts 2003, No. 431, §1, eff. June 18, 2003;
Acts 2003, No. 479, §1; Acts 2003, No. 585, §1; Acts 2003, No. 747, §1; Acts 2004, No.
182, §1; Acts 2006, No. 694, §1; Acts 2008, No. 558, §1; Acts 2009, No. 14, §1; Acts 2010,
No. 568, §1; Acts 2010, No. 950, §1; Acts 2012, No. 538, §1, eff. June 5, 2012;
Redesignated from R.S. 40:1299.41 by HCR 84 of 2015 R.S.; Acts 2015, No. 323, §1; Acts
2020, No. 201, §1; Acts 2025, No. 342, §1.

NOTE: Former R.S. 40:1231.1 redesignated to R.S. 40:1131.1 by HCR 84 of 2015
R.S.

##### **§ 40:1231.2** Limitation of recovery {#sec-40-1231.2 omnilex-key=us-la-statutes--rs-title-40--40:1231.2}

A. To be qualified under the provisions of this Part, a health care provider shall:

(1) Cause to be filed with the board proof of financial responsibility as provided by
Subsection E of this Section.

(2) Pay the surcharge assessed by this Part on all health care providers according to
R.S. 40:1231.4.

(3) For self-insured health care providers, initial qualification shall be effective upon
acceptance of proof of financial responsibility by and payment of the surcharge to the board.
Initial qualification shall be effective for all other health care providers at the time the
malpractice insurer accepts payment of the surcharge.

B.(1) The total amount recoverable for all malpractice claims for injuries to or death
of a patient, exclusive of future medical care and related benefits as provided in R.S.
40:1231.3, shall not exceed five hundred thousand dollars plus interest and cost.

(2) A health care provider qualified under this Part is not liable for an amount in
excess of one hundred thousand dollars plus interest thereon accruing after April 1, 1991, and
costs specifically provided for by this Paragraph for all malpractice claims because of injuries
to or death of any one patient. The sole cost for which a health care provider qualified under
this Part may be assessed by a trial court shall be limited to the cost incurred prior to the
rendering of a final judgment against the health care provider, not as a nominal defendant,
after a trial on a malpractice claim, including but not limited to, costs assessed pursuant to
Code of Civil Procedure Article 970 in any instance where the board was not the offeror or
offeree of the proposed settlement amount. The health care provider shall not be assessed
costs in any action in which the fund intervenes or the health care provider is a nominal
defendant after there has been a settlement between the health care provider and the claimant.

(3)(a) Any amount due from a judgment or settlement or from a final award in an
arbitration proceeding which is in excess of the total liability of all liable health care
providers, as provided in Paragraph (2) of this Subsection, shall be paid from the patient's
compensation fund pursuant to the provisions of R.S. 40:1231.4(C).

(b) The total amounts paid in accordance with Paragraphs (2) and (3) of this
Subsection shall not exceed the limitation as provided in Paragraph (1) of this Subsection.

C. Except as provided in R.S. 40:1231.4(C), any advance payment made by the
defendant health care provider or his insurer to or for the plaintiff, or any other person, may
not be construed as an admission of liability for injuries or damages suffered by the plaintiff
or anyone else in an action brought for medical malpractice.

D.(1) Evidence of an advance payment is not admissible until there is a final
judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the
plaintiff to the extent of the advance payment.

(2) The advance payment shall inure to the exclusive benefit of the defendant or his
insurer making the payment.

(3) In the event the advance payment exceeds the liability of the defendant or the
insurer making it, the court shall order any adjustment necessary to equalize the amount
which each defendant is obligated to pay, exclusive of costs.

(4) In no case shall an advance payment in excess of an award be repayable by the
person receiving it.

(5) In the event that a partial settlement is executed between the defendant and/or his
insurer with a plaintiff for the sum of one hundred thousand dollars or less, written notice of
such settlement shall be sent to the board. Such settlement shall not bar the continuation of
the action against the patient's compensation fund for excess sums in which event the court
shall reduce any judgment to the plaintiff in the amount of malpractice liability insurance in
force as provided for in R.S. 40:1231.2(B)(2).

E.(1) Financial responsibility of a health care provider under this Section may be
established only by filing with the board proof that the health care provider is insured by a
policy of malpractice liability insurance in the amount of at least one hundred thousand
dollars per claim with qualification under this Section taking effect and following the same
form as the policy of malpractice liability insurance of the health care provider, or in the
event the health care provider is self-insured, proof of financial responsibility by depositing
with the board one hundred twenty-five thousand dollars in money or represented by
irrevocable letters of credit, federally insured certificates of deposit, bonds, securities, cash
values of insurance, or any other security approved by the board. In the event any portion
of said amount is seized pursuant to the judicial process, the self-insured health care provider
shall have five days to deposit with the board the amounts so seized. The health care
provider's failure to timely post said amounts with the board shall terminate his enrollment
in the Patient's Compensation Fund.

(2) For the purposes of this Subsection, any group of self-insured health care
providers organized to and actually practicing together or otherwise related by ownership,
whether as a partnership, professional corporation or otherwise, shall be deemed a single
health care provider and shall not be required to post more than one deposit. In the event any
portion of the deposit of such a group is seized pursuant to judicial process, such group shall
have five days to deposit with the board the amounts so seized. The group's failure to timely
post said amounts with the board will terminate its enrollment and the enrollment of its
members in the Patient's Compensation Fund.

Added by Acts 1975, No. 817, §1. Amended by Acts 1976, No. 183, §3; Acts 1984,
No. 435, §2, eff. July 6, 1984; Acts 1986, No. 499, §1, eff. July 2, 1986; Acts 1990, No. 967,
§2, eff. Oct. 1, 1990; Acts 1991, No. 800, §1; Acts 2008, No. 558, §1; Redesignated from
R.S. 40:1299.42 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1231.2 redesignated to R.S. 40:1131.2 by HCR 84 of 2015
R.S.

##### **§ 40:1231.3** Future medical care and related benefits {#sec-40-1231.3 omnilex-key=us-la-statutes--rs-title-40--40:1231.3}

A.(1) In all malpractice claims filed with the board which proceed to trial, the jury
shall be given a special interrogatory asking if the patient is in need of future medical care
and related benefits that will be incurred after the date of the response to the special
interrogatory, and the amount thereof.

(2) In actions upon malpractice claims tried by the court, the court's finding shall
include a recitation that the patient is or is not in need of future medical care and related
benefits that will be incurred after the date of the court's finding and the amount thereof.

(3) If the total amount is for the maximum amount recoverable, exclusive of the
value of future medical care and related benefits that will be incurred after the date of the
response to the special interrogatory by the jury or the court's finding, the cost of all future
medical care and related benefits that will be incurred after the date of the response to the
special interrogatory by the jury or the court's finding shall be paid in accordance with R.S.
40:1231.3(C).

(4) If the total amount is for the maximum amount recoverable, including the value
of the future medical care and related benefits, the amount of future medical care and related
benefits that will be incurred after the date of the response to the special interrogatory by the
jury or the court's finding shall be deducted from the total amount and shall be paid from the
patient's compensation fund as incurred and presented for payment. The remaining portion
of the judgment, including the amount of future medical care and related benefits incurred
up to the date of the response to the special interrogatory by the jury or the court's finding
shall be paid in accordance with R.S. 40:1231.4(A)(7) and R.S. 40:1231.4(B)(2)(a), (b), and
(c).

(5) In all cases where judgment is rendered for a total amount less than the maximum
amount recoverable, including any amount awarded on future medical care and related
benefits that will be incurred after the date of the response to the special interrogatory by the
jury or the court's finding, payment shall be in accordance with R.S. 40:1231.4(A)(7) and
R.S. 40:1231.4(B)(2)(a), (b), and (c).

(6) The provisions of this Subsection shall be applicable to all malpractice claims.

B.(1) "Future medical care and related benefits" for the purpose of this Section
means all of the following:

(a) All reasonable medical, surgical, hospitalization, physical rehabilitation, and
custodial services and includes drugs, prosthetic devices, and other similar materials
reasonably necessary in the provision of such services, incurred after the date of the injury
up to the date of the settlement, judgment, or arbitration award.

(b) All reasonable medical, surgical, hospitalization, physical rehabilitation, and
custodial services and includes drugs, prosthetic devices, and other similar materials
reasonably necessary in the provisions of such services, after the date of the injury that will
be incurred after the date of the settlement, judgment, or arbitration award.

(2) "Future medical care and benefits" as used in this Section shall not be construed
to mean non-essential specialty items or devices of convenience.

C. Once a judgment is entered in favor of a patient who is found to be in need of
future medical care and related benefits that will be incurred after the date of the response
to the special interrogatory by the jury or the court's finding or a settlement is reached
between a patient and the patient's compensation fund in which the provision of medical care
and related benefits that will be incurred after the date of settlement is agreed upon and
continuing as long as medical or surgical attention is reasonably necessary, the patient may
make a claim to the patient's compensation fund through the board for all future medical care
and related benefits directly or indirectly made necessary by the health care provider's
malpractice unless the patient refuses to allow them to be furnished.

D. Payments for medical care and related benefits shall be paid by the patient's
compensation fund without regard to the five hundred thousand dollar limitation imposed
in R.S. 40:1231.2.

E.(1) The district court from which final judgment issues shall have continuing
jurisdiction in cases where medical care and related benefits are determined to be needed by
the patient.

(2) The court shall award reasonable attorney fees to the claimant's attorney if the
court finds that the patient's compensation fund unreasonably fails to pay for medical care
within thirty days after submission of a claim for payment of such benefits.

F. Nothing in this Section shall be construed to prevent a patient and a health care
provider and/or the patient's compensation fund from entering into a court-approved
settlement agreement whereby medical care and related benefits shall be provided for a
limited period of time only or to a limited degree.

G. The patient's compensation fund shall be entitled to have a physical examination
of the patient by a physician of the patient's compensation fund's choice from time to time
for the purpose of determining the patient's continued need of future medical care and related
benefits, subject to the following requirements:

(1)(a) Notice in writing shall be delivered to or served upon the patient or the
patient's counsel of record, specifying the time and place where it is intended to conduct the
examination.

(b) Such notice must be given at least ten days prior to the time stated in the notice.

(c) Delivery of the notice may be by certified mail.

(2) Such examination shall be by a licensed medical physician or chiropractic
physician licensed under the laws of this state or of the state, parish, or county wherein the
patient resides.

(3)(a) The place at which such examination is to be conducted shall not involve an
unreasonable amount of travel for the patient considering all circumstances.

(b) It shall not be necessary for a patient who resides outside this state to come into
this state for such an examination unless so ordered by the court.

(4) Within thirty days after the examination, the patient shall be compensated by the
party requesting the examination for all necessary and reasonable expenses incidental to
submitting to the examination including the reasonable costs of travel, meals, lodging, loss
of pay, or other direct expenses.

(5)(a) Examinations may not be required more frequently than at six months intervals
except that, upon application to the court having jurisdiction of the claim and after
reasonable cause shown therefor, examination within a shorter interval may be ordered.

(b) In considering such application, the court should exercise care to prevent
harassment to the patient.

(6)(a) The patient shall be entitled to have a physician or an attorney of his own
choice or both present at such examination.

(b) The patient shall pay such physician or attorney himself.

(7) The patient shall be promptly furnished with a copy of the report of the
examination made by the physician making the examination on behalf of the patient's
compensation fund.

H. If a patient fails or refuses to submit to examination in accordance with a notice
and if the requirements of Subsection G of this Section have been satisfied, then the patient
shall not be entitled to attorney fees in any action to enforce rights pursuant to Subsection E
of this Section.

I.(1) Any physician selected by the patient's compensation fund and paid by the
patient's compensation fund who shall make or be present at an examination of the patient
conducted in pursuance of this Section may be required to testify as to the conduct thereof
and the findings made.

(2) Communications made by the patient upon such examination by such physician
or physicians shall not be considered privileged.

J. The patient's compensation fund shall pay all reasonable fees and costs of medical
examinations and the costs and the fees of the medical expert witnesses in any proceeding
in which the termination of medical care and related benefits is sought.

*Acts 1984, No. 435, §3, eff. July 13, 1984; Acts 1990, No. 135, §1, eff. June 29, 1990; Acts 1990, No. 967, §2, eff. Oct. 1, 1990; Acts 2004, No. 181, §1; Redesignated from R.S. 40:1299.43 by HCR 84 of 2015 R.S.*

##### **§ 40:1231.4** Patient's Compensation Fund {#sec-40-1231.4 omnilex-key=us-la-statutes--rs-title-40--40:1231.4}

A.(1)(a) All funds collected pursuant to the provisions hereof shall be considered
self-generated revenues, promptly deposited by the Patient's Compensation Fund Oversight
Board into a fund designated as the "Patient's Compensation Fund". The Patient's
Compensation Fund Oversight Board is established and authorized pursuant to Subsection
D of this Section. Neither the fund nor the board shall be a budget unit of the state. The
assets of the fund shall not be state property, subject to appropriation by the legislature, or
required to be deposited in the state treasury. The state recognizes and acknowledges that
the fund and any income from it are not public monies, but rather are private monies which
shall be held in trust as a private custodial fund by the board for the use, benefit, and
protection of medical malpractice claimants and the fund's private health care provider
members, and all of such funds and income earned from investing the private monies
comprising the corpus of this fund shall be subject to use and disposition only as provided
by this Section.

(b) The Patient's Compensation Fund Oversight Board may invest, in accordance
with R.S. 40:1231.5, any portion of the private monies comprising the corpus of the fund,
as determined by the board, while maintaining its ability to timely pay claims, future medical
care and related benefits, and other current expenses under this Part. The board may enter
into a cooperative endeavor agreement whereby the state treasurer may be authorized to
invest, in accordance with R.S. 40:1231.5, a portion of the private monies comprising the
corpus of the fund, as determined by the board.

(c) The fund shall be exempt from participation in and shall not join or contribute
financially to or be entitled to the protection of any plan, pool, association, or guaranty fund
or insolvency fund.

(d) Neither the fund nor the board may rely on the full faith and credit of this state
for payment of legal obligations.

(e) The fund and the board shall not be entitled to an appropriation of state general
funds without a specific appropriation approved by the legislature.

(f) Notwithstanding any provision of law to the contrary, in the event the fund is
dissolved or liquidated, any remaining balance after all amounts due under this Part to
medical malpractice claimants, including future medical care and related benefits as provided
in R.S. 40:1231.3, and all amounts due any other person for administrative or operating
expenses have been paid from the fund, shall be paid over to the state general fund by the
board or then administrator of the fund for deposit in the state treasury.

(2)(a) To provide monies for the fund, an annual surcharge shall be levied on all
health care providers in Louisiana qualified under the provisions of this Part.

(b) The board shall cause to be prepared an annual actuarial study of the fund by a
qualified competent actuary.

(c) The board and the fund shall be exempt from rate regulation by the commissioner
of insurance. The surcharge rates shall be determined by the board in a public meeting held
pursuant to the provisions of R.S. 42:11 et seq. based upon actuarial principles and reports,
experience, and prudent judgment of the board. The board shall give written or electronic
notice of the meeting at least fifteen days in advance and provide an opportunity for public
comment at the meeting before determining rates.

(d) The surcharge rates shall not be excessive, inadequate, or unfairly discriminatory.
In determining whether surcharge rates are excessive, inadequate, or unfairly discriminatory,
consideration may be given to the following items:

(i) Basic rate factors. Due consideration shall be given to past and prospective loss
and expense experience, catastrophe hazards and contingencies, events, or trends. Fines and
penalties against a health care provider, whether levied by a court or regulatory body, shall
not be used by the board or considered in any manner in the loss or expense experience.

(ii) Classification. Risks may be grouped by classification for the establishment of
rates. Classification rates may be modified for individual risks in accordance with an
experience-rating plan or schedule which apportions a greater percentage of required
surcharge increases to those health care providers who generate greater than expected losses.

(iii) Expenses. The expense provisions shall reflect the operating methods of the
board and the fund, the past expense experience, and anticipated future expenses.

(iv) Contingencies. The rates may contain a provision for contingencies.

(v) Other relevant factors. Any other factors available at the time of determining the
rates.

(e) The surcharge shall be collected on the same basis as premiums by each insurer,
the risk manager, and surplus line agent.

(f) The board shall collect the surcharge from health care providers qualified as self-insureds.

(g) The surcharge for self-insureds shall be the same amount determined by the board
to be the amount of surcharge which the health care provider would reasonably be required
to pay were his qualification based upon filing a policy of malpractice liability insurance.

(3)(a) Such surcharge shall be due and payable to the patient's compensation fund
within thirty days after the premiums for malpractice liability insurance have been received
by the insurer, agent of the insurer, risk manager, or surplus line agent from the health care
provider in Louisiana.

(b) It shall be the duty of the insurer, agent of the insurer, risk manager, or surplus
line agent to remit the surcharge to the Patient's Compensation Fund within thirty days of the
date of payment by the health care provider. Failure of the insurer, agent of the insurer, risk
manager, or surplus line agent to remit payment within thirty days may subject the insurer,
agent of the insurer, risk manager, or surplus line agent to a penalty, the amount of which
will be set by the board on an annual basis, not to exceed a total of twelve percent of the
annual surcharge. Upon the failure of the insurer, agent of the insurer, risk manager, or
surplus line agent to remit as provided herein, the board is authorized to institute legal
proceedings if necessary to collect the surcharge, any penalty amount to be assessed, legal
interest, and all reasonable attorney fees.

(4) If the annual surcharge is not paid within the time limited above, upon written
notice of such nonpayment given by the board concurrently to the commissioner of insurance
and the insurer, risk manager, or surplus line agent, the certificate of authority of the insurer,
risk manager, and surplus line agent shall be suspended until the annual surcharge is paid.

(5)(a) All expenses of collecting, protecting, and administering the fund shall be paid
from the fund.

(b) The functions of collecting, administering, and protecting the fund, including all
matters relating to determining surcharge rates, establishing reserves, the evaluating and
settlement of claims, and relating to the defense of the fund, shall be carried out by the board.

(c) The board shall prepare quarterly statements of the financial condition of the fund
and publish the statements on the website of the board.

(d) The function of selecting the list of attorney names from which the selection of
the attorney chairman of the medical review panels is to be made shall be the responsibility
of the office of the clerk of the Louisiana Supreme Court.

(e) These expenses of the board and office of the clerk of the Louisiana Supreme
Court shall be paid from the fund in accordance with law.

(f) Not later than the first day of January each year, the board shall submit a copy of
its proposed budget for the ensuing fiscal year to the Joint Legislative Committee on the
Budget, the House Committee on Civil Law and Procedure, the Senate Committee on
Judiciary A, the legislative auditor, and the legislative fiscal office. The format of the budget
submission shall be as follows:

(i) A budget message signed by the budget preparer which shall include a summary
description of the proposed financial plan, policies, and objectives and assumptions.

(ii) Narrative explanations describing the purpose and functions of the Patient's
Compensation Fund.

(iii) Statements for the last completed fiscal year, estimates covering the entire
current fiscal year, and projections for the ensuing fiscal year, as follows:

(aa) A statement showing fund balances of the Patient's Compensation Fund at the
beginning of each year and at the conclusion of each fiscal year.

(bb) A statement of revenues and receipts, itemized by source.

(cc) Detailed comparative statements of expenditures itemized by source of funds
and expenditure category by each major function, program, or service.

(dd) Clearly defined indicators of the quantity and quality of performance of agency
functions.

(ee) Participation of agency personnel and board members in state employee benefit
programs, including insurance and retirement programs.

(g) Any purchases of furniture, fixtures, equipment, or other property shall be
specifically designated, by the method of identification as is reasonable and practical for each
item, as the property of the fund.

(6)(a) At all times the fund shall be maintained to provide assets of at least thirty
percent of the fund's outstanding liabilities, calculated using the most recent actuarial study
and report for the fund.

(b) No reduction in the surcharge shall be made unless such assets are available in
the fund.

(7)(a) Claims from the patient's compensation fund exclusive of those provided for
in R.S. 40:1231.3 shall be computed at the time the claim becomes final.

(b) A final claim shall be paid within forty-five days of the board's receipt of a
certified copy of the settlement, judgment, or arbitration award, unless the fund is exhausted
and the proration provision contained in Subparagraph (7)(c) applies.

(c) If the fund would be exhausted by payment in full of all final claims then the
amount paid to each claimant shall be prorated.

(d) Any amounts due and unpaid shall be prorated.

(e) Repealed by Acts 2012, No. 802, §2.

B.(1) Subject to the other provisions of this Section, the board shall issue payment
in the amount of each claim submitted to and approved by it, or prorated payment, as the case
may be, against the fund within thirty days of receipt of a certified copy of the settlement,
judgment, or arbitration award except that payment for claims made pursuant to
Subparagraph (2)(d) or (e) of this Subsection, or both, shall be made upon receipt of such
certified copy.

(2) The only claim against the fund shall be a voucher or other appropriate request
by the board after it receives:

(a) A certified copy of a final judgment in excess of one hundred thousand dollars
against a health care provider.

(b) A certified copy of a court approved settlement in excess of one hundred
thousand dollars against a health care provider.

(c) A certified copy of a final award in excess of one hundred thousand dollars in an
arbitration proceeding against a health care provider.

(d) A certified copy of a judgment awarding medical care and related benefits
rendered pursuant to R.S. 40:1231.3.

(e) A voucher drawn by the board through the patient's compensation fund defense
counsel pursuant to a judgment reciting that a patient is in need of future medical care and
related benefits under the provisions of R.S. 40:1231.3.

C. If the insurer of a health care provider or a self-insured health care provider has
agreed to settle its liability on a claim against its insured and claimant is demanding an
amount in excess thereof from the patient's compensation fund for a complete and final
release, then the following procedure must be followed:

(1) A petition shall be filed by the claimant with the court in which the action is
pending against the health care provider, if none is pending in the parish where plaintiff or
defendant is domiciled seeking (a) approval of an agreed settlement, if any, and/or (b)
demanding payment of damages from the patient's compensation fund.

(2) A copy of the petition shall be served on the board, the health care provider and
his insurer, at least ten days before filing and shall contain sufficient information to inform
the other parties about the nature of the claim and the additional amount demanded.

(3) The board and the insurer of the health care provider or the self-insured health
care provider as the case may be, may agree to a settlement with the claimant from the
patient's compensation fund, or the board and the insurer of the health care provider or the
self-insured health care provider as the case may be, may file written objections to the
payment of the amount demanded. The agreement or objections to the payment demanded
shall be filed within twenty days after the petition is filed.

(4) As soon as practicable after the petition is filed in the court the judge shall fix the
date on which the petition seeking approval of the agreed settlement and/or demanding
payment of damages from the fund shall be heard, and shall notify the claimant, the insurer
of the health care provider or the self-insured health care provider as the case may be, and
the board thereof as provided by law.

(5)(a) At the hearing the board, the claimant, and the insurer of the health care
provider or the self-insured health care provider, as the case may be, may introduce relevant
evidence to enable the court to determine whether or not the petition should be approved if
it is submitted on agreement without objections. If the board, the insurer of the health care
provider or the self-insured health care provider, as the case may be, and the claimant cannot
agree on the amount, if any, to be paid out of the patient's compensation fund, then the trier
of fact shall determine at a subsequent trial which shall take place only after the board shall
have been given an adequate opportunity to conduct discovery, identify and retain expert
witnesses, and prepare a defense, the amount of claimant's damages, if any, in excess of the
amount already paid by the insurer of the health care provider or self-insured health care
provider. The trier of fact shall determine the amount for which the fund is liable and render
a finding and judgment accordingly. The board shall have a right to request trial by jury
whether or not a jury trial has been requested by the claimant or by any health care provider.

(b) The board shall not be entitled to file a suit or otherwise assert a claim against
any qualified health care provider as defined in R.S. 40:1231.1(A) on the basis that the
qualified health care provider failed to comply with the appropriate standard of care in
treating or failing to treat any patient.

(c) The board may apply the provisions of Civil Code Article 2323 or 2324, or both,
to assert a credit or offset for the allocated percentage of negligence or fault of a qualified
health care provider provided at least one of the following conditions is met:

(i) A payment has been made to the claimant by, in the name of, or on behalf of the
qualified health care provider whose percentage of fault the board seeks to allocate.

(ii) A payment has been made to the claimant by, in the name of, or on behalf of
another qualified health care provider in order to obtain a dismissal or release of liability of
the qualified health care provider whose percentage of fault the board seeks to allocate,
provided that there shall be no separate credit or offset for the fault of an employer or other
vicariously liable entity who was not independently negligent or otherwise at fault and who
makes a payment in order to obtain a dismissal or release of liability of a single qualified
health care provider for whom the payor is vicariously liable.

(iii) All or a portion of a payment made by another qualified health care provider,
by the insurer of another qualified health care provider, or by the employer of another
qualified health care provider has been attributed to or allocated to the qualified health care
provider whose percentage of fault the board seeks to allocate, provided that there shall be
no separate credit or offset for the fault of an employer or other vicariously liable entity who
was not independently negligent or otherwise at fault and who makes a payment in order to
obtain a dismissal or release of liability of a single qualified health care provider for whom
the payor is vicariously liable.

(iv) A medical review panel has determined that the qualified health care provider
whose percentage of fault the board seeks to allocate failed to comply with the appropriate
standard of care and that the failure was a cause of the damage or injury suffered by the
patient, or a medical review panel has determined that there is a material issue of fact, not
requiring expert opinion, bearing on liability of the qualified health care provider whose
percentage of fault the board seeks to allocate for consideration by the trier of fact.

(v) The qualified health care provider does not object within thirty days after notice
of the board's intention to allocate the health care provider's percentage of fault is delivered
via certified mail to the plaintiff, the qualified health care provider, and the qualified health
care provider's professional liability insurer or to their attorneys.

(vi) The court determines, after a hearing in which the qualified health care provider
whose percentage of fault the board seeks to allocate shall be given an opportunity to appear
and participate, that there has been collusion or other improper conduct between the
defendant health care providers to the detriment of the interests of the fund.

(d) Except where the sum of one hundred thousand dollars has been paid by, in the
name of, or on behalf of the qualified health care provider whose percentage of fault the
board seeks to allocate, in any case in which the board is entitled pursuant to the provisions
of Civil Code Article 2323 or 2324, or both, to assert a credit or offset for the allocated
percentage of negligence or fault of a qualified health care provider, the board shall have the
burden of proving the negligence or fault of the qualified health care provider whose
percentage of fault the board seeks to allocate.

(e) In approving a settlement or determining the amount, if any, to be paid from the
patient's compensation fund, the trier of fact shall consider the liability of the health care
provider as admitted and established where the insurer has paid its policy limits of one
hundred thousand dollars, or where the self-insured health care provider has paid one
hundred thousand dollars.

(f) In each instance in which a claimant seeks to recover any sum from the board,
each qualified health care provider or insurer or employer of a qualified health care provider
who has made or has agreed to make any payment, including any reimbursement of court
costs, medical expenses, or other expenses, to the claimant, the claimant's attorney, or any
other person or entity shall be required, not later than ten days after the filing of the petition
for approval of the settlement, to file and serve upon the board an answer to the petition for
approval of the settlement which sets forth a complete explanation of each such payment, to
include the identity of each payee, the identity of each entity by or on whose behalf each
payment has been or is to be made, each amount paid or to be paid directly or indirectly by,
on behalf of, or which has been or is to be attributed or allocated to any qualified health care
provider, the purpose of each such payment, and the precise nature of any collateral
agreement which has been made or is to be made in connection with the proposed settlement.

(6) Any settlement approved by the court shall not be appealed. Any judgment of
the court fixing damages recoverable in any such contested proceeding shall be appealable
pursuant to the rules governing appeals in any other civil court case tried by the court.

(7) For the benefit of both the insured and the patient's compensation fund, the
insurer of the health provider shall exercise good faith and reasonable care both in evaluating
the plaintiff's claim and in considering and acting upon settlement thereof. A self-insured
health care provider shall, for the benefit of the patient's compensation fund, also exercise
good faith and reasonable care both in evaluating the plaintiff's claim and in considering and
acting upon settlement thereof.

(8) The parties may agree that any amounts due from the patient's compensation fund
pursuant to R.S. 40:1231.4(B) be paid by annuity contract purchased by the patient's
compensation fund for and on behalf of the claimant.

(9) Notwithstanding any other provision of this Part, any self-insured health care
provider who has agreed to settle its liability on a claim and has been released by the
claimant for such claim or any other claim arising from the same cause of action shall be
removed as a party to the petition, and his name shall be removed from any judgment that
is rendered in the proceeding. Such release shall be filed with the clerk of court in the parish
in which the petition is filed upon the filing of a properly executed, sworn release and
settlement of claim.

D.(1)(a) The Patient's Compensation Fund Oversight Board is hereby created and
established in the office of the governor, division of administration. The board shall be
comprised of nine members, appointed by the governor subject to Senate confirmation.

(b) Nine members of the board shall be a representative of and for one or more
classes of health care providers enrolled in the fund, and the board's membership shall be
apportioned according to the distribution of aggregate surcharges paid to the fund among the
several classes of health care providers enrolled with the fund, as follows:

(i) Four members of the board shall be representatives of the class of health care
providers contributing the greatest percentage of the fund's aggregate surcharges.

(ii) Two members of the board shall be representatives of the class of health care
providers contributing the second greatest percentage of the fund's aggregate surcharges.

(iii) One member of the board shall be a representative of the class of health care
providers contributing the third greatest percentage of the fund's aggregate surcharges.

(iv) One member of the board shall be appointed to represent all other classes of
health care providers enrolled with the fund.

(c) The ninth member of the board shall be appointed from nominees provided by
the principal professional insurance agents organizations and this member shall be familiar
with property and casualty insurance and licensed in this state as a producer.

(d) Appointments of members representing a single class of health care providers
shall be made from nominations solicited from the respective principal professional
organizations of such health care providers in the state. The member of the board
representing all other classes of health care providers shall be nominated by concurrence of
the respective principal professional organizations of such health care providers in the state.
In the absence of such concurrence each such professional organization shall name a
representative to an ad hoc committee which shall, from among its number, nominate a
representative to the board.

(e) For the purpose of apportioning representation on the board, the percentage
surcharge contribution of each distinct class of health care providers listed by R.S. 40:1231.1
to the aggregate surcharges paid to the fund shall be calculated for each fiscal year of the
fund, and apportionment with respect to an initial or subsequent appointment to the board
shall be based on such percentage contributions for the fund fiscal year preceding any such
appointment.

(f) Two of the initial members of the board appointed pursuant to Item (1)(b)(i) of
this Subsection, one of the initial members appointed pursuant to Item (1)(b)(ii), and the
member appointed pursuant to Item (1)(b)(iii) shall serve for terms of three years. One of
the members of the initial board appointed pursuant to Item (1)(b)(i) of this Subsection and
one of the initial members appointed pursuant to Item (1)(b)(ii) shall serve for terms of two
years. The remaining members of the initial board shall serve for terms of one year.
Thereafter, each member of the board shall serve for a term of three years, with any vacancy
occurring in any such position being filled for the unexpired term of such position in the
manner of the original appointment, in accordance with the apportionment of representation
provided for by this Subsection.

(g) The board shall annually elect a chairman and secretary from among its members
and shall meet not less frequently than quarterly during the calendar year on the call of the
chairman at such times and places as he may designate.

(h) The members of the board shall receive seventy-five dollars per day while
engaged in board business and for attendance at all meetings of the board. Reasonable
expenses incurred by board members in their travel to and attendance at meetings of the
board shall be reimbursed by the fund in accordance with applicable laws and administrative
regulations. The members of the board shall not be reimbursed for any expenses incurred
for board meetings outside of the state.

(2)(a) The board shall be responsible, and have full authority under law, for the
management, administration, operation and defense of the fund in accordance with the
provisions of this Part.

(b) In addition to other powers and authority expressly or impliedly conferred on the
board by this Part, the board shall have the authority, to the extent not inconsistent with the
provisions of this Part, to:

(i) Collect all surcharges and other monies due the fund.

(ii) Establish and define the standards and forms of financial responsibility required
of self-insured health care providers, and the standards and forms of malpractice liability
insurance policies issued by admitted insurance companies and the standards, forms,
acceptable ratings and other criteria for medical malpractice liability insurance policies
issued by non-admitted insurance companies which are acceptable as proof of financial
responsibility pursuant to R.S. 40:1231.2, as a condition to initial and continuing enrollment
with the fund.

(iii) Collect, accumulate, and maintain claims experience data from enrolled health
care providers and insurance companies providing professional liability insurance coverage
to health care providers in this state, in the form necessary or appropriate to permit the board
to determine appropriate surcharge rates for the fund.

(iv) Employ, or in accordance with the provisions of law applicable to contracting
for personal, professional or consulting services, retain the services of a qualified competent
actuary to perform the annual actuarial study of the fund required by this Section and to
advise the board on all aspects of the fund's administration, operation and defense which
require application of the actuarial science.

(v) Contract for any services necessary or advisable to implement the authority and
discharge the responsibilities conferred and imposed on the board by this Part.

(vi) Employ, in the unclassified service, an appropriately qualified executive director
and delegate to such executive director all or any portion of the authority for administration
and operation of the fund vested in the board, subject to the superseding authority of the
board.

(vii) Employ, in the unclassified service, an appropriately qualified claims manager
and delegate to such claims manager all or any portion of the authority for the protection and
defense of the fund vested in the board, subject to the superseding authority of the board.

(viii) Employ, or contract with, legal counsel to advise and represent the board and
represent the fund in proceedings pursuant to this Part.

(ix) Employ such clerical personnel as may be necessary or appropriate to carry out
the responsibilities of the board under this Part.

(x) Defend the fund from all claims due wholly or in part to the negligence or
liability of anyone other than a qualified health care provider regardless of whether a
qualified health care provider has settled and paid its statutory maximum or has been
adjudged liable or negligent.

(xi) Defend the fund from all claims arising under R.S. 40:1231.4(D)(2)(b)(x) and
obtain indemnity and reimbursement to the fund of all amounts for which anyone other than
a qualified health care provider may be held liable. The right of indemnity and
reimbursement to the fund shall be limited to that amount that the fund may be cast in
judgment.

(xii) Intervene as a matter of right, at its discretion, in any civil action or proceeding
in which the constitutionality of this Part, R.S. 9:5628, R.S. 9:5628.1 or any other Louisiana
law related to medical malpractice as defined in this Part is challenged.

(xiii) The right to apply the provisions of Civil Code Article 2323 or 2324, or both,
to assert a credit or offset for the allocated percentage of negligence or fault of a qualified
health care provider shall be governed by the provisions of Subparagraph (C)(5)(c) of this
Section.

(xiv) Intervene as a matter of right, at its discretion, in any civil action or proceeding
in which a health care provider files a dilatory exception of prematurity pursuant to Code of
Civil Procedure Article 926(A)(1) and the board reasonably believes either of the following:

(aa) Any health care provider is not qualified under this Part.

(bb) Any claim is not subject to this Part.

Any intervention and participation by the board in any civil action or proceeding
pursuant to this Subparagraph shall be strictly limited to the health care provider's
qualification status under this Part and whether the claim is subject to this Part. A copy of
the exception and the petition for damages shall be sent by the health care provider filing the
dilatory exception of prematurity to the board, via certified mail, return receipt requested,
concurrently with serving the parties to the civil action or proceeding.

(xv) Intervene as a matter of right, at its discretion, in any civil action or proceeding
involving malpractice as defined in R.S. 40:1231.1 in which either of the following occurs:

(aa) A self-insured health care provider is the subject of a liquidation, insolvency,
receivership, or bankruptcy proceeding.

(bb) A health care provider's insurer is the subject of a liquidation, insolvency,
receivership, or bankruptcy proceeding, the insurer has been discharged from the civil action
or proceeding and the malpractice claim is not covered by the Louisiana Insurance Guaranty
Association.

(xvi) Employ an appropriately qualified chief investment officer and delegate to him
a portion of the authority vested in the board related to investments, subject to the
superseding authority of the board.

(3) The board shall have authority, in accordance with applicable provisions of the
Administrative Procedure Act, to adopt and promulgate such rules, regulations and standards
as it may deem necessary or advisable to implement the authority and discharge the
responsibilities conferred and imposed on the board by this Part.

(4) All communications made and all documents and records developed by, between
or among the attorney general, claims manager, the oversight board, any person or entity
contracted to provide services to or on behalf of the fund under this Part, and enrolled health
care providers and their insurers, relative to or in anticipation of defense of the fund or
enrolled health care providers against, establishment of reserves with respect to, or
prospective settlement of, individual malpractice claims shall be confidential and privileged
against disclosure to any third party, pursuant to request, subpoena, or otherwise.

(5) Any meeting of the board or any portion of any meeting of the board which is
restricted to consideration of and/or action upon pending or threatened claims against the
fund or health care providers with the fund shall not be subject to the provisions of R.S.
42:11 through 28.

E. In any instance in which a complaint for bodily injuries to or death of a patient on
account of malpractice has been filed in court and the parties enter into a stipulation prior to
trial as to the amount of past medical expenses and related benefits and the amount exceeds
one hundred thousand dollars, the parties shall also stipulate to the admissibility of the
documents supporting the stipulated amount and shall introduce these documents into
evidence at the trial for which the stipulation was entered into.

Added by Acts 1975, No. 817, §1. Amended by Acts 1976, No. 183, §4; Acts 1977,
No. 261, §2; Acts 1979, No. 298, §1, eff. July 10, 1979; Acts 1984, No. 41, §1, eff. June 5,
1984; Acts 1984, No. 435, §4, eff. July 6, 1984; Acts 1986, No. 500, §1; Acts 1986, No. 636,
§1; Acts 1988, No. 507, §1; Acts 1990, No. 967, §2, eff. Oct. 1, 1990; Acts 1991, No. 668,
§1; Acts 1991, No. 800, §1; Acts 1995, No. 1258, §1; Acts 2001, No. 526, §1; Acts 2001,
No. 725, §1, eff. June 25, 2001; Acts 2002, 1st Ex. Sess., No. 86, §§1, 2; Acts 2003, No. 431,
§1, eff. June 18, 2003; Acts 2003, No. 882, §1, eff. July 1, 2003; Acts 2004, No. 309, §1;
Acts 2007, No. 459, §4, eff. Jan. 1, 2008; Acts 2008, No. 558, §1; Acts 2010, No. 78, §1;
Acts 2010, No. 411, §§1, 2, eff. July 1, 2010; Acts 2011, No. 160, §1; Acts 2011, No. 263,
§1; Acts 2012, No. 802, §§1, 2; Acts 2013, No. 80, §§1, 2; Redesignated from R.S.
40:1299.44 by HCR 84 of 2015 R.S.

NOTE: See Acts 2013, No. 80, §2, relative to retroactivity.

##### **§ 40:1231.5** Investment responsibilities {#sec-40-1231.5 omnilex-key=us-la-statutes--rs-title-40--40:1231.5}

A. The Patient's Compensation Fund shall be maintained for the use, benefit, and
protection of medical malpractice claimants and private health care provider members of the
fund. The fund shall be maintained on a sound actuarial basis and the investment practices
of the board in administering the fund are an integral part.

B. The prudent man rule shall be applied by the board in investing monies of the
fund.

C.(1) The prudent man rule shall require each member of the board and the board
collectively to act with the care, skill, prudence, and diligence under the circumstances
prevailing that a prudent institutional investor acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a like character and with like aims.

(2) The prudent man standard requires the exercise of reasonable care, skill, and
caution, and is to be applied to investments not in isolation, but in the context of the fund
portfolio, and as part of an overall investment strategy, which shall include an asset
allocation study and plan for implementation thereof, incorporating risk and return objectives
reasonably suited to the fund. The asset allocation study and implementation plan shall
include the examination of market value risk, credit risk, interest rate risk, inflation risk,
counterparty risk, and concentration risk. The investment policy of the board shall preserve
and enhance principal over the long term and provide adequate liquidity and cash flow for
the payment of benefits and expenses of the fund and the board under this Part. The
investments shall be diversified to minimize the risk of significant losses unless it is clearly
prudent to do otherwise.

D.(1) Notwithstanding the prudent man rule, the board shall not invest more than
twenty-five percent of the total portfolio in equities, except as provided in Paragraph (2) of
this Subsection.

(2) The board may invest more than twenty-five percent of the total portfolio in
equities, so long as not more than thirty-five percent of the total portfolio is invested in
equities and at least ten percent of the total equity portfolio is invested in one or more index
funds which seek to replicate the performance of the chosen indices.

(3) When contemplating any investment, action, or asset allocation, the following
factors shall be considered:

(a) The availability of public pricing to value each investment.

(b) The ability to liquidate each investment at a fair market price within a reasonable
time for the size of investment being considered.

(c) The degree of transparency that accompanies each investment.

(d) The risk of fluctuations in currency.

(e) The experience of the professionals who will manage each investment and the
financial soundness of the business entity employing the professionals.

(f) The degree of diversification within each investment and what each may provide
relative to the existing investments.

(g) Whatever leverage is involved.

(h) The jurisdiction of the laws that govern each investment.

(i) The net return expected relative to the risk associated with each investment.

E.(1) The board shall electronically submit semiannual reports beginning January 1,
2012, to the House Committee on Civil Law and Procedure and the Senate Committee on
Judiciary A. The reports shall be submitted no later than thirty calendar days after January
first and July first of each year and shall contain the following:

(a) The investment return net of investment fees and expenses expressed as a
percentage return and dollar amount.

(b) The amount of administrative expenses.

(c) The board-approved target asset allocation.

(d) The current actual asset allocation of the portfolio.

(2) Investment returns reported in accordance with this Subsection shall be by total
fund and particular asset class over the six-month period reported, fiscal year-to-date, one-year, three-year, five-year, and ten-year periods.

F. The board is hereby authorized, in requesting proposals for investment advisory
services, to require fees to be quoted as a fixed fee, a fee based on market value of assets, or
a performance fee.

G.(1) Investment performance reports shall be in compliance with the current
Performance Presentation Standards as amended and published by the Association for
Investment Management and Research or any successor entity.

(2) Investment performance composite data submitted in response to a request for
proposal or any other solicitation or selection process used by the board for hiring an
investment manager or investment advisor shall be in compliance with the current
Performance Presentation Standards as amended and published by the Association for
Investment Management and Research or any successor entity.

(3) The board shall require, at least annually, the investment managers or investment
advisors employed or otherwise retained by the board to submit investment performance
composite data that is subject to a Level I verification as defined in the Performance
Presentation Standards as amended and published by the Association for Investment
Management and Research or any successor entity.

H.(1) Consultants and money managers shall provide full disclosure of conflicts of
interest to the board. Consultants shall also provide full disclosure of any payments received
from money managers, in hard or soft dollars, for any services provided, including but not
limited to performance measurement, business consulting, and education.

(2) Each consultant and money manager shall submit a written disclosure report
semiannually to the board beginning January 1, 2012. A report shall be submitted regardless
of whether the consultant or money manager has any conflict or payment to report. If a
reportable agreement is confected during any reporting period, the consultant or money
manager shall notify the board of the agreement within seven business days.

I. Any consultant or money manager found to be in violation of Subsection H of this
Section shall pay to the board an amount of money equal to the value of the undisclosed
revenue or payment and any damages caused by the failure to disclose. Additionally, if the
consultant or money manager intentionally failed to disclose as required in Subsection H of
this Section, he shall pay to the board an amount equal to three times the value of the revenue
or payment he failed to disclose as a penalty and any damages caused by the failure to
disclose.

*Acts 2011, No. 160, §1; Redesignated from R.S. 40:1299.44.1 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1231.6** Malpractice coverage {#sec-40-1231.6 omnilex-key=us-la-statutes--rs-title-40--40:1231.6}

A.(1) Only while malpractice liability insurance remains in force, or in the case of
a self-insured health care provider, only while the security required by regulations of the
board remains undiminished, are the health care provider and his insurer liable to a patient,
or his representative, for malpractice to the extent and in the manner specified in this Part.

(2) When, and during the period that each shareholder, partner, member, agent,
officer, or employee of a corporation, partnership, limited liability partnership, or limited
liability company, who is eligible for qualification as a health care provider under this Part,
and who is providing health care on behalf of such corporation, partnership, or limited
liability company, is qualified as a health care provider under the provisions of R.S.
40:1131.2, such corporation, partnership, limited liability partnership, or limited liability
company shall, without the payment of an additional surcharge, be deemed concurrently
qualified and enrolled as a health care provider under this Part. Any such corporation,
partnership, limited liability partnership, or limited liability company which fails to provide
proof of financial responsibility upon request of the fund after the filing of a request for
review of a claim under R.S. 40:1231.8 or after the filing of a lawsuit alleging medical
malpractice, shall not be deemed concurrently qualified and enrolled as a health care provider
under this Part.

B. The filing of proof of financial responsibility with the board shall constitute, on
the part of the insurer, a conclusive and unqualified acceptance of the provisions of this Part.

C. Any provision in a policy attempting to limit or modify the liability of the insurer
contrary to the provisions of this Part is void, except that a provision in a malpractice liability
insurance policy approved by the board which limits the aggregate sum for which the insurer
may be liable during the policy period shall be valid.

D. Every policy issued under this Part is deemed to include the following provisions,
and any change which may be occasioned by legislation adopted by the legislature of the
state of Louisiana as fully as if it were written therein:

(1) The insurer assumes all obligations to pay an award imposed against its insured
under the provisions of this Part; and

(2) Any termination of this policy by cancellation is not effective as to patients
claiming against the insured covered hereby, unless at least thirty days before the taking
effect of the cancellation, a written notice giving the date upon which termination becomes
effective has been received by the insured and the board at their offices. In no event shall
said cancellation affect in any manner any claim which arose against the insurer or its insured
during the life of the policy.

E. If an insurer fails or refuses to pay a final judgment, except during the pendency
of an appeal, or fails, or refuses to comply with any provisions of this Part, in addition to any
other legal remedy, the board may also revoke the approval of its policy form until the
insurer pays the award or judgment or has complied with the violated provisions of this Part
and has resubmitted its policy form and received the approval of the board.

*Added by Acts 1975, No. 817, §1. Amended by Acts 1976, No. 183, §5; Acts 1978, No. 413, §1; Acts 1986, No. 208, §1; Acts 1986, No. 498, §1; Acts 1990, No. 967, §2, eff. Oct. 1, 1990; Acts 1997, No. 646, §1; Acts 2004, No. 309, §1; Redesignated from R.S. 40:1299.45 by HCR 84 of 2015 R.S.*

##### **§ 40:1231.7** Risk management; authority {#sec-40-1231.7 omnilex-key=us-la-statutes--rs-title-40--40:1231.7}

A. The purpose of this Section is to make malpractice liability insurance available
to qualified risks as defined in this Part.

B. There is created the Residual Malpractice Insurance Authority. The authority is
empowered to engage in making malpractice liability insurance available in this state.
Governance and administration of the authority shall be vested with the board.

C.(1) The board shall choose a risk manager for the authority according to the public
bid laws of the state.

(2) Unless otherwise agreed between the risk manager and the board, the separate,
personal or independent assets of the risk manager shall not be liable for or subject to use or
expenditure for the purpose of providing insurance by the authority.

(3) All contracts between the authority and the risk manager, and any amendment
thereto, and any adjustments made by the board in the compensation or duties of the risk
manager permitted by such contracts shall require the approval of the division of
administration.

D. In the administration and provision for malpractice liability insurance by the
authority, the risk manager shall:

(1) Be subject to all laws and regulations of this state which apply to insurance.
Except as provided by this Part the Residual Malpractice Insurance Authority shall not be
subject to the taxes provided by the Louisiana Insurance Code.

(2) Prepare and file appropriate forms with the Department of Insurance.

(3) Prepare and file premium rates with the Department of Insurance.

(4) Perform the underwriting functions; and subject to the approval of the board,
shall formulate underwriting standards for insuring health care providers who by reason of
training, experience, claims history and other generally accepted underwriting standards are
reasonable insurance risks.

(5) Dispose of all claims and litigations arising out of insurance policies.

(6) Maintain complete books and records.

(7) File an annual financial statement regarding its operations under this Section with
the Department of Insurance on forms prescribed by the commissioner.

(8) Obtain private reinsurance for the authority, if necessary.

(9) Prepare and file for approval of the commissioner, a schedule of agent's
compensation.

(10) Prepare and file a plan of operations with the commissioner for approval.

E. Unless otherwise agreed between the risk manager and the board, the risk manager
shall receive as compensation for its services only a percentage of all premiums received by
it under the terms of this Section, as determined by the board and approved by the division
of administration.

F. If a health care provider desires malpractice liability insurance under this Part, he
shall forward his application to the risk manager. The risk manager shall not consider any
application unless a health care provider furnishes in his application evidence of his having
either been refused coverage by at least two private insurers writing medical malpractice
insurance in the state, or having been refused coverage by the only private insurer writing
medical malpractice insurance in the state, or that no private insurer is writing such insurance
in the state. Upon written application therefor, the risk manager shall provide a malpractice
liability insurance binder to a health care provider who has applied for medical malpractice
insurance to any private insurer writing medical malpractice insurance in the state. Such
binder shall remain in effect for no more than sixty days from the date of the application by
the health care provider to such private insurer. Upon proof by the health care provider
submitted to the risk manager that he has not been accepted by any private insurer during the
sixty day period, the risk manager shall assume that the health care provider has been
rejected for private insurance coverage. In that case, the risk manager shall, if the health care
provider meets the underwriting standards called for in Paragraph (4) of Subsection D of this
Section, issue a policy of insurance to the health care provider. If within the sixty day period
the applicant is accepted by a private insurer, the binder shall expire at the time of such
acceptance.

G. If the risk manager declines to accept the risk, notice of declination, together with
reasons, shall be sent to the applicant and the board. The applicant shall have ten days from
the date of notice to file an appeal for review by the board. On appeal, the board shall review
the decision of the risk manager to determine whether the approved underwriting standards
have been fairly applied by the risk manager and shall enter an appropriate order.

H. The surplus of premiums over losses and expenses received by the authority shall
be placed in a segregated fund and shall be invested and reinvested by the board in
accordance with the Louisiana Insurance Code and investment income generated shall remain
in the fund. These funds shall not be considered public or state funds.

I. The authority may issue malpractice liability insurance policies only to health care
providers who are residents of Louisiana and to corporations, foreign or domestic, with
regard to health care facilities operated within Louisiana. Insofar as practicable, only the
claims experience of Louisiana health care providers shall be considered in the determination
of rates for such policies. The rates for such policies shall otherwise be determined and
approved according to the same procedures and principles as rates for malpractice liability
policies issued by private insurers in Louisiana. The rates for such policies shall be at least
equal to the highest rate established for any particular category of malpractice liability
insurance of a like policy issued by private insurers in the state.

J. The state of Louisiana assumes no liability for medical malpractice insurance
policies written by the authority. Every policy issued by the authority shall contain a
statement that the authority's liability or the liability of the policy is limited to the authority's
reserves.

*Added by Acts 1975, No. 817, §1. Amended by Acts 1976, No. 183, §6; 1977, No. 261, §3; Acts 1990, No. 967, §2, eff. Oct. 1, 1990; Acts 2013, No. 80, §1; Redesignated from R.S. 40:1299.46 by HCR 84 of 2015 R.S.*

##### **§ 40:1231.8** Medical review panel {#sec-40-1231.8 omnilex-key=us-la-statutes--rs-title-40--40:1231.8}

A.(1)(a) All malpractice claims against health care providers covered by this Part,
other than claims validly agreed for submission to a lawfully binding arbitration procedure,
shall be reviewed by a medical review panel established as hereinafter provided for in this
Section. The filing of a request for review by a medical review panel as provided for in this
Section shall not be reportable by any health care provider, the Louisiana Patient's
Compensation Fund, or any other entity to the Louisiana State Board of Medical Examiners,
to any licensing authority, committee, or board of any other state, or to any credentialing or
similar agency, committee, or board of any clinic, hospital, health insurer, or managed care
company.

(b) A request for review of a malpractice claim or a malpractice complaint shall
contain, at a minimum, all of the following:

(i) A request for the formation of a medical review panel.

(ii) The name of only one patient for whom, or on whose behalf, the request for
review is being filed; however, if the claim involves the care of a pregnant mother and her
unborn child, then naming the mother as the patient shall be sufficient.

(iii) The names of the claimants.

(iv) The names of the defendant health care providers.

(v) The dates of the alleged malpractice.

(vi) A brief description of the alleged malpractice as to each named defendant health
care provider.

(vii) A brief description of the alleged injuries.

(c) A claimant shall have forty-five days from the date of receipt by the claimant of
the confirmation of receipt of the request for review in accordance with Subparagraph (3)(a)
of this Subsection to pay to the board a filing fee in the amount of one hundred dollars per
named defendant qualified under this Part.

(d) Such filing fee may be waived only upon receipt of one of the following:

(i) An affidavit of a physician holding a valid and unrestricted license to practice his
specialty in the state of his residence certifying that adequate medical records have been
obtained and reviewed and that the allegations of malpractice against each defendant health
care provider named in the claim constitute a claim of a breach of the applicable standard of
care as to each named defendant health care provider.

(ii) An in forma pauperis ruling issued in accordance with Code of Civil Procedure
Article 5181 et seq. by a district court in a venue in which the malpractice claim could
properly be brought upon the conclusion of the medical review panel process.

(e) Failure to comply with the provisions of Subparagraph (c) or (d) of this Paragraph
within the specified forty-five day time frame in Subparagraph (c) of this Paragraph shall
render the request for review of a malpractice claim invalid and without effect. Such an
invalid request for review of a malpractice claim shall not suspend time within which suit
must be instituted in Subparagraph (2)(a) of this Subsection.

(f) All funds generated by such filing fees shall be private monies and shall be
applied to the costs of the Patient's Compensation Fund Oversight Board incurred in the
administration of claims.

(g) The filing fee of one hundred dollars per named defendant qualified under this
Part shall be applicable in the event that a claimant identifies additional qualified health care
providers as defendants. The filing fee applicable to each identified qualified health care
provider shall be due forty-five days from the mailing date of the confirmation of receipt of
the request for review for the additional named defendants in accordance with Subparagraph
(3)(a) of this Subsection.

(2)(a) The filing of the request for a review of a claim shall suspend the time within
which suit must be instituted, in accordance with this Part, until ninety days following
notification, by certified mail, as provided in Subsection J of this Section, to the claimant or
his attorney of the issuance of the opinion by the medical review panel, in the case of those
health care providers covered by this Part, or in the case of a health care provider against
whom a claim has been filed under the provisions of this Part, but who has not qualified
under this Part, until ninety days following notification by certified mail to the claimant or
his attorney by the board that the health care provider is not covered by this Part. The filing
of a request for review of a claim shall suspend the running of prescription against all joint
and solidary obligors, and all joint tortfeasors, including but not limited to health care
providers, both qualified and not qualified, to the same extent that prescription is suspended
against the party or parties that are the subject of the request for review. Filing a request for
review of a malpractice claim as required by this Section with any agency or entity other than
the division of administration shall not suspend or interrupt the running of prescription. All
requests for review of a malpractice claim identifying additional health care providers shall
also be filed with the division of administration.

(b)(i) The request for review of a malpractice claim under this Section shall be
deemed filed on the date the request is:

(aa) Sent, if the request is electronically sent by facsimile transmission or other
authorized means, as provided by R.S. 9:2615(A), to the division of administration.

(bb) Mailed, if the request is delivered by certified or registered mail to the division
of administration.

(cc) Received, if the request is delivered to the division of administration by any
means other than as provided by Subitem (aa) or (bb) of this Item.

(ii) Upon receipt, the request shall be stamped with the filing date and certified by
the division of administration. Filing of the request shall be complete only upon timely
compliance with the provisions of Subparagraph (1)(c) or (d) of this Subsection. Upon
receipt of any request, the division of administration shall forward a copy of the request to
the board within five days of receipt.

(c) An attorney chairman for the medical review panel shall be appointed within one
year from the date the request for review of the claim was filed. Upon appointment of the
attorney chairman, the parties shall notify the board of the name and address of the attorney
chairman. If the board has not received notice of the appointment of an attorney chairman
within nine months from the date the request for review of the claim was filed, then the board
shall send notice to the parties by certified or registered mail that the claim will be dismissed
in ninety days unless an attorney chairman is appointed within one year from the date the
request for review of the claim was filed. If the board has not received notice of the
appointment of an attorney chairman within one year from the date the request for review of
the claim was filed, then the board shall promptly send notice to the parties by certified or
registered mail that the claim has been dismissed for failure to appoint an attorney chairman
and the parties shall be deemed to have waived the use of the medical review panel. The
filing of a request for a medical review panel shall suspend the time within which suit must
be filed until ninety days after the claim has been dismissed in accordance with this Section.

(3) It shall be the duty of the board within fifteen days of the receipt of the claim by
the board to:

(a) Confirm to the claimant by certified mail, return receipt requested, that the filing
has been officially received and whether or not the named defendant or defendants have
qualified under this Part.

(b) In the confirmation to the claimant pursuant to Subparagraph (a) of this
Paragraph, notify the claimant of the amount of the filing fee due and the time frame within
which such fee is due to the board, and that upon failure to comply with the provisions of
Subparagraph (1)(c) or (d) of this Subsection, the request for review of a malpractice claim
is invalid and without effect and that the request shall not suspend the time within which suit
must be instituted in Subparagraph (2)(a) of this Subsection.

(c) Notify all named defendants by certified mail, return receipt requested, whether
or not qualified under the provisions of this Part, that a filing has been made against them
and request made for the formation of a medical review panel; and forward a copy of the
proposed complaint to each named defendant at his last and usual place of residence or his
office.

(4) The board shall notify the claimant and all named defendants by certified mail,
return receipt requested, of any of the following information:

(a) The date of receipt of the filing fee.

(b) That no filing was due because the claimant timely provided the affidavit set
forth in Item (1)(d)(i) of this Subsection.

(c) That the claimant has timely complied with the provisions of Item (1)(d)(ii) of
this Subsection.

(d) That the required filing fee was not timely paid pursuant to Subparagraph (1)(c)
of this Subsection.

(5) In the event that the board is unable to determine after forty-five days from the
date of mailing of the notification, whether notification by certified mail, return receipt
requested, provided for in Paragraphs (3) and (4) of this Subsection has been received by the
claimant, or the notification is not claimed or is returned undeliverable, the board shall
provide such notification by regular first class mail, which date of mailing shall have the
effect of receipt of notice by certified mail for purposes of Subparagraphs (1)(c) and (d) of
this Subsection.

(6) In the event the board receives a filing fee that was not timely paid pursuant to
Subparagraph (1)(c) of this Subsection, then the board shall return, or refund the amount of,
the filing fee to the claimant within thirty days of the date the board receives the untimely
filing fee.

B.(1)(a)(i) No action against a health care provider covered by this Part, or his
insurer, may be commenced in any court before the claimant's proposed complaint has been
presented to a medical review panel established pursuant to this Section.

(ii) A certificate of enrollment issued by the board shall be admitted in evidence.

(b) However, with respect to an act of malpractice which occurs after September 1,
1983, if an opinion is not rendered by the panel within twelve months after the date of
notification of the selection of the attorney chairman by the executive director to the selected
attorney and all other parties pursuant to Paragraph (1) of Subsection C of this Section, suit
may be instituted against a health care provider covered by this Part. However, either party
may petition a court of competent jurisdiction for an order extending the twelve month
period provided in this Subsection for good cause shown. After the twelve month period
provided for in this Subsection or any court-ordered extension thereof, the medical review
panel established to review the claimant's complaint shall be dissolved without the necessity
of obtaining a court order of dissolution.

(c) By agreement of all parties, the use of the medical review panel may be waived.

(d) By agreement of all parties and upon written request to the attorney chairman,
an expedited medical review panel process may be selected. Unless otherwise specified in
the provisions of Subsection N of this Section, the expedited process shall be governed by
other provisions of this Section.

(2)(a) A health care provider against whom a claim has been filed under the
provisions of this Part may raise peremptory exceptions of no right of action pursuant to
Code of Civil Procedure Article 927 or any exception or defenses available pursuant to R.S.
9:5628 in a court of competent jurisdiction and proper venue at any time without need for
completion of the review process by the medical review panel.

(b) If the court finds that the claim had prescribed or otherwise was perempted prior
to being filed, the panel, if established, shall be dissolved upon the judgment becoming final.
If the court grants the peremptory exception of no right of action as to all claimants, the
panel, if established, shall be dissolved upon the judgment becoming final. If the court
grants the peremptory exception of no right of action as to less than all claimants, the
claimants as to whom the court granted the peremptory exception of no right of action shall
be prohibited from participating in the panel process as a claimant.

(3) Ninety days after the notification to all parties by certified mail by the attorney
chairman or the board of the dissolution of the medical review panel or ninety days after the
expiration of any court-ordered extension as authorized by Paragraph (1) of this Subsection,
the suspension of the running of prescription with respect to a qualified health care provider
shall cease.

C. The medical review panel shall consist of three health care providers who hold
unlimited licenses to practice their profession in Louisiana and one attorney. The parties may
agree on the attorney member of the medical review panel. If no attorney for or
representative of any health care provider named in the complaint has made an appearance
in the proceedings or made written contact with the attorney for the plaintiff within forty-five
days of the date of receipt of the notification to the health care provider and the insurer that
the required filing fee has been received by the patient's compensation board as required by
Subparagraph (A)(1)(c) of this Section, the attorney for the plaintiff may appoint the attorney
member of the medical review panel for the purpose of convening the panel. Such notice to
the health care provider and the insurer shall be sent by registered or certified mail, return
receipt requested. If no agreement can be reached, then the attorney member of the medical
review panel shall be selected in the following manner:

(1)(a) The office of the clerk of the Louisiana Supreme Court, upon receipt of
notification from the board, shall draw five names at random from the list of attorneys who
reside or maintain an office in the parish which would be proper venue for the action in a
court of law. The names of judges other than city court judges, magistrates, district
attorneys, and assistant district attorneys shall be excluded if drawn and new names drawn
in their place. After selection of the attorney names, the office of the clerk of the supreme
court shall notify the board of the names so selected. It shall be the duty of the board to
notify the parties of the attorney names from which the parties may choose the attorney
member of the panel within five days. If no agreement can be reached within five days, the
parties shall immediately initiate a procedure of selecting the attorney by each striking two
names alternately, with the claimant striking first and so advising the health care provider of
the name of the attorney so stricken; thereafter, the health care provider and the claimant
shall alternately strike until both sides have stricken two names and the remaining name shall
be the attorney member of the panel. If either the plaintiff or defendant fails to strike, the
clerk of the Louisiana Supreme Court shall strike for that party within five additional days.

(b) After the striking, the office of the board shall notify the attorney and all other
parties of the name of the selected attorney.

(2) The attorney shall act as chairman of the panel and in an advisory capacity but
shall have no vote. It is the duty of the chairman to expedite the selection of the other panel
members, to convene the panel, and expedite the panel's review of the proposed complaint.
The chairman shall establish a reasonable schedule for submission of evidence to the medical
review panel but must allow sufficient time for the parties to make full and adequate
presentation of related facts and authorities within ninety days following selection of the
panel.

(3)(a) The plaintiff shall notify the attorney chairman and the named defendants of
his choice of a health care provider member of the medical review panel within thirty days
of the date of certification of his filing by the board.

(b) The named defendant shall then have fifteen days after notification by the
plaintiff of the plaintiff's choice of his health care provider panelist to name the defendant's
health care provider panelist.

(c) If either the plaintiff or defendant fails to make a selection of health care provider
panelist within the time provided, the attorney chairman shall notify by certified mail the
failing party to make such selection within five days of the receipt of the notice.

(d) If no selection is made within the five day period, then the chairman shall make
the selection on behalf of the failing party. The two health care provider panel members
selected by the parties or on their behalf shall be notified by the chairman to select the third
health care provider panel member within fifteen days of their receipt of such notice.

(e) If the two health care provider panel members fail to make such selection within
the fifteen day period allowed, the chairman shall then make the selection of the third panel
member and thereby complete the panel.

(f) A physician who holds an unrestricted license to practice medicine by the
Louisiana State Board of Medical Examiners and who is engaged in the active practice of
medicine in this state, whether in the teaching profession or otherwise, shall be available for
selection as a member of a medical review panel.

(g) Each party to the action shall have the right to select one health care provider and
upon selection the health care provider shall be required to serve.

(h) When there are multiple plaintiffs or defendants, there shall be only one health
care provider selected per side. The plaintiff, whether single or multiple, shall have the right
to select one health care provider, and the defendant, whether single or multiple, shall have
the right to select one health care provider.

(i) A panelist so selected and the attorney member selected in accordance with this
Subsection shall serve unless for good cause shown may be excused. To show good cause
for relief from serving, the panelist shall present an affidavit to a judge of a court of
competent jurisdiction and proper venue which shall set out the facts showing that service
would constitute an unreasonable burden or undue hardship. A health care provider panelist
may also be excused from serving by the attorney chairman if during the previous twelve-month period he has been appointed to four other medical review panels. In either such
event, a replacement panelist shall be selected within fifteen days in the same manner as the
excused panelist.

(j) If there is only one party defendant which is not a hospital, community blood
center, tissue bank, or ambulance service, all panelists except the attorney shall be from the
same class and specialty of practice of health care provider as the defendant. If there is only
one party defendant which is a hospital, community blood center, tissue bank, or ambulance
service, all panelists except the attorney shall be physicians. If there are claims against
multiple defendants, one or more of whom are health care providers other than a hospital,
community blood center, tissue bank, or ambulance service, the panelists selected in
accordance with this Subsection may also be selected from health care providers who are
from the same class and specialty of practice of health care providers as are any of the
defendants other than a hospital, community blood center, tissue bank, or ambulance service.

(4) When the medical review panel is formed, the chairman shall within five days
notify the board and the parties by registered or certified mail of the names and addresses of
the panel members and the date on which the last member was selected.

(5)(a) Before entering upon their duties, each voting panelist shall subscribe before
a notary public the following oath:

"I, (name) do solemnly swear/affirm that I will faithfully perform the duties of
medical review panel member to the best of my ability and without partiality or favoritism
of any kind. I acknowledge that I represent neither side and that it is my lawful duty to serve
with complete impartiality and to render a decision in accordance with law and the
evidence."

(b) The attorney panel member shall subscribe to the same oath except that in lieu
of the last sentence thereof the attorney's oath shall state:

"I acknowledge that I represent neither side and that it is my lawful duty to advise the
panel members concerning matters of law and procedure and to serve as chairman."

(c) The original of each oath shall be attached to the opinion rendered by the panel.

(6) The party aggrieved by the alleged failure or refusal of another to perform
according to the provisions of this Section may petition any district court of proper venue
over the parties for an order directing that the parties comply with the medical review panel
provisions of the medical malpractice act.

(7) A panelist or a representative or attorney for any interested party shall not discuss
with other members of a medical review panel on which he serves a claim which is to be
reviewed by the panel until all evidence to be considered by the panel has been submitted.
A panelist or a representative or attorney for any interested party shall not discuss the
pending claim with the claimant or his attorney asserting the claim or with a health care
provider or his attorney against whom a claim has been asserted under this Section. A
panelist or the attorney chairman shall disclose in writing to the parties prior to the hearing
any employment relationship or financial relationship with the claimant, the health care
provider against whom a claim is asserted, or the attorneys representing the claimant or
health care provider, or any other relationship that might give rise to a conflict of interest for
the panelists.

D.(1) The evidence to be considered by the medical review panel shall be promptly
submitted by the respective parties in written form only.

(2) The evidence may consist of medical charts, x-rays, lab tests, excerpts of
treatises, depositions of witnesses including parties, interrogatories, affidavits and reports of
medical experts, and any other form of evidence allowable by the medical review panel.

(3) Depositions of the parties and witnesses may be taken prior to the convening of
the panel.

(4) Upon request of any party, or upon request of any two panel members, the clerk
of any district court shall issue subpoenas and subpoenas duces tecum in aid of the taking of
depositions and the production of documentary evidence for inspection and/or copying.

(5) The chairman of the panel shall advise the panel relative to any legal question
involved in the review proceeding and shall prepare the opinion of the panel as provided in
Subsection G.

(6) A copy of the evidence shall be sent to each member of the panel.

E. Either party, after submission of all evidence and upon ten days notice to the other
side, shall have the right to convene the panel at a time and place agreeable to the members
of the panel. Either party may question the panel concerning any matters relevant to issues
to be decided by the panel before the issuance of their report. The chairman of the panel
shall preside at all meetings. Meetings shall be informal.

F. The panel shall have the right and duty to request and procure all necessary
information. The panel may consult with medical authorities, provided the names of such
authorities are submitted to the parties with a synopsis of their opinions and provided further
that the parties may then obtain their testimony by deposition. The panel may examine
reports of such other health care providers necessary to fully inform itself regarding the issue
to be decided. Both parties shall have full access to any material submitted to the panel.

G. The panel shall have the sole duty to express its expert opinion as to whether or
not the evidence supports the conclusion that the defendant or defendants acted or failed to
act within the appropriate standards of care. After reviewing all evidence and after any
examination of the panel by counsel representing either party, the panel shall, within thirty
days, render one or more of the following expert opinions, which shall be in writing and
signed by the panelists, together with written reasons for their conclusions:

(1) The evidence supports the conclusion that the defendant or defendants failed to
comply with the appropriate standard of care as charged in the complaint.

(2) The evidence does not support the conclusion that the defendant or defendants
failed to meet the applicable standard of care as charged in the complaint.

(3) That there is a material issue of fact, not requiring expert opinion, bearing on
liability for consideration by the court.

(4) When Paragraph (1) of this Subsection is answered in the affirmative, that the
conduct complained of was or was not a factor of the resultant damages. If such conduct was
a factor, whether the plaintiff suffered: (a) any disability and the extent and duration of the
disability, and (b) any permanent impairment and the percentage of the impairment.

H. Any report of the expert opinion reached by the medical review panel shall be
admissible as evidence in any action subsequently brought by the claimant in a court of law,
but such expert opinion shall not be conclusive and either party shall have the right to call,
at his cost, any member of the medical review panel as a witness. If called, the witness shall
be required to appear and testify. A panelist shall have absolute immunity from civil liability
for all communications, findings, opinions and conclusions made in the course and scope of
duties prescribed by this Part.

I.(1)(a) Each physician member of the medical review panel shall be paid at the rate
of twenty-five dollars per diem, not to exceed a total of three hundred dollars for all work
performed as a member of the panel exclusive of time involved if called as a witness to
testify in a court of law regarding the communications, findings, and conclusions made in
the course and scope of duties as a member of the medical review panel, and in addition
thereto, reasonable travel expenses.

(b) The attorney chairman of the medical review panel shall be paid at the rate of one
hundred dollars per diem, not to exceed a total of two thousand dollars for all work
performed as a member of the panel exclusive of time involved if called as a witness to
testify in a court of law regarding the communications, findings, and conclusions made in
the course and scope of duties as a member of the medical review panel, and in addition
thereto, reasonable travel expenses. Additionally, the attorney chairman shall be reimbursed
for all reasonable out-of-pocket expenses incurred in performing his duties for each medical
review panel. The attorney chairman shall submit the amount due him for all work
performed as a member of the panel by affidavit, which shall attest that he has performed in
the capacity of chairman of the medical review panel and that he was personally present at
all the panel's meetings or deliberations.

(2)(a) The costs of the medical review panel shall be paid by the health care provider
if the opinion of the medical review panel is in favor of said defendant health care provider.

(b) The claimant shall pay the costs of the medical review panel if the opinion of the
medical review panel is in favor of the claimant. However, if the claimant is unable to pay,
the claimant shall submit to the attorney chairman prior to the convening of the medical
review panel an in forma pauperis ruling issued in accordance with Code of Civil Procedure
Article 5181 et seq. by a district court in a venue in which the malpractice claim could
properly be brought upon the conclusion of the medical review panel process. Upon timely
receipt of the in forma pauperis ruling, the costs of the medical review panel shall be paid
by the health care provider, with the proviso that if the claimant subsequently receives a
settlement or receives a judgment, the advance payment of the medical review panel costs
will be offset.

(c) In a medical malpractice suit filed by the claimant in which a unanimous opinion
was rendered in favor of the defendant health care provider as provided in the expert opinion
stated in Paragraph (G)(2) of this Section, the claimant who proceeds to file such a suit shall
be required to post a cash or surety bond, approved by the court, in the amount of all costs
of the medical review panel. Upon the conclusion of the medical malpractice suit, the court
shall order that the cash or surety bond be forfeited to the defendant health care provider for
reimbursement of the costs of the medical review panel, unless a final judgment is rendered
finding the defendant liable to the claimant for any damages. If a final judgment is rendered
finding the defendant liable to the claimant for any damages, the court shall order that the
defendant health care provider reimburse the claimant an amount equal to the cost of
obtaining the cash or surety bond posted by the claimant.

(d) In the event a medical review panel renders a unanimous opinion in favor of the
claimant as provided in the expert opinions stated in Paragraphs (G)(1) and (4) of this
Section, and the claimant has not timely submitted an in forma pauperis ruling to the panel's
attorney chairman, and thereafter the defendant health care provider failed to settle the claim
with the claimant resulting in the claimant filing a malpractice suit in a court of competent
jurisdiction and proper venue against the defendant health care provider based on the same
claim which was the subject of the unanimously adverse medical review panel opinion
against the defendant health care provider, the defendant health care provider shall be
required to post a cash or surety bond, approved by the court, in the amount of all costs of
the medical review panel. Upon the conclusion of the medical malpractice suit, the court
shall order that the cash or surety bond be forfeited to the claimant for reimbursement of the
costs of the medical review panel, unless a final judgment is rendered finding that the
defendant health care provider has no liability for damages to the claimant. If a final
judgment is rendered finding that the defendant health care provider has no liability for
damages to the claimant, the court shall order that the claimant reimburse the defendant
health care provider an amount equal to the cost of obtaining the cash or surety bond posted
by the defendant health care provider.

(3) If the medical review panel decides that there is a material issue of fact bearing
on liability for consideration by the court, the claimant and the health care provider shall split
the costs of the medical review panel. However, in those instances in which the claimant is
unable to pay his share of the costs of the medical review panel, the claimant shall submit
to the attorney chairman prior to the convening of the medical review panel an in forma
pauperis ruling issued in accordance with Code of Civil Procedure Article 5181 et seq., by
a district court in a venue in which the malpractice claim could properly be brought upon the
conclusion of the medical review panel process. Upon timely receipt of the in forma
pauperis ruling, the costs of the medical review panel shall be paid by the defendant health
care provider with the proviso that if the claimant subsequently receives a settlement or
receives a judgment, the advance payment of the claimant's share of the costs of the medical
review panel will be offset.

(4) Upon the rendering of the written panel decision, if any one of the panelists finds
that the evidence supports the conclusion that a defendant health care provider failed to
comply with the appropriate standard of care as charged in the complaint, each defendant
health care provider as to whom such a determination was made shall reimburse to the
claimant that portion of the filing fee applicable to the claim against such defendant health
care provider or if any one of the panelists finds that the evidence supports the conclusion
that there is a material issue of fact, not requiring expert opinion, bearing on liability of such
defendant health care provider for consideration by the court, each such defendant health care
provider as to whom such a determination was made shall reimburse to the claimant fifty
percent of that portion of the filing fee applicable to the claim against such defendant health
care provider.

J. The chairman shall submit a copy of the panel's report to the board and all parties
and attorneys by registered or certified mail within five days after the panel renders its
opinion.

K. Repealed by Acts 2005, No. 127, §2.

L. Where the medical review panel issues its opinion required by this Section, the
suspension of the running of prescription shall not cease until ninety days following
notification by certified mail to the claimant or his attorney of the issuance of the opinion as
required by Subsection J of this Section.

M. Legal interest shall accrue from the date of filing of the complaint with the board
on a judgment rendered by a court in a suit for medical malpractice brought after compliance
with this Part.

N.(1)(a)(i) Parties seeking an expedited panel process pursuant to the provisions of
Subparagraph (B)(1)(d) of this Section shall request such process in writing sixty days from
the date of the letter of notification of the selection of the attorney chairman pursuant to
Paragraph (C)(1) of this Section. When a written request for an expedited medical review
panel process has been made to the attorney chairman, the chairman shall establish a
schedule for submission of evidence to the medical review panel within ninety days
following selection of the third physician member of the panel so that a panel opinion is
rendered within twelve months of the date of notification of the selection of the attorney
chairman.

(ii) In accordance with Subsection J of this Section, the chairman shall submit a copy
of the panel's report to the board and all parties and attorneys by registered or certified mail
within five days after the panel renders its opinion. In accordance with Subsection L of this
Section, where the medical review panel issues its opinion required by this Section, the
suspension of the running of prescription shall not cease until ninety days following
notification by certified mail to the claimant or his attorney of the issuance of the opinion as
required by Subsection J of this Section.

(b)(i) No party may petition a court for an order extending the twelve month period
provided in Subparagraph (B)(1)(b) of this Section. If an opinion is not rendered by the
panel within the twelve month period established in this Subsection, suit may be instituted
against the health care provider.

(ii) In accordance with Subparagraph (B)(1)(b) of this Section, after the twelve
month period provided for in this Subsection, the medical review panel established to review
the claimant's complaint shall be dissolved without the necessity of obtaining a court order
of dissolution.

(iii) In accordance with Paragraph (B)(3) of this Section, ninety days after the
notification to all parties by certified mail by the attorney chairman of the board of the
dissolution of the medical review panel, the suspension of the running of prescription with
respect to a qualified health care provider shall cease.

(2) During selection of the physician members of the medical review panel, the
plaintiff shall notify the attorney chairman and the named defendants of his choice of a health
care provider member of the medical review panel within ten days of the date of written
request to the chairman for an expedited panel process. The named defendant shall then have
five days after notification by the plaintiff of the plaintiff's choice of his health care provider
panelist to name the defendant's health care provider panelist. If no selection is made within
the five and ten day respective periods, then the chairman shall make the selection on behalf
of the failing party. The two health care provider panel members selected by the parties or
on their behalf shall be notified by the chairman to select the third health care provider panel
member within fifteen days of their receipt of such notice from the chairman to make the
selection. If no selection is made within the fifteen day period, then the chairman shall make
the selection on behalf of the two health care provider panel members.

(3)(a) Within thirty days of the parties' written request for an expedited medical
review panel process to the attorney chairman, the claimant shall provide all defendants with
a list of the names and addresses of all known health care providers, including individuals
and entities, who have treated the patient during the time period starting from three years
prior to the date of the alleged malpractice up to and including the date that the list is
provided. The claimant shall make a good faith effort to identify the treating health care
providers.

(b) The claimant shall execute and provide all defendants with a HIPAA Compliant
Authorization form to permit the defendants to obtain the medical records.

(c) An order to protect the medical records may be sought as provided in Code of
Civil Procedure Article 1426 or the HIPAA regulations at 45 CFR 164.512(e) in a court of
competent jurisdiction and proper venue.

(d) If an authorization is not provided or a protective order is not obtained within
thirty days following the written request by the parties to the chairman for an expedited
medical review panel process, the medical review panel shall lose its expedited status and
no longer be governed by the provisions of this Subsection. The attorney chairman shall
provide notice of this to the board and all parties by registered or certified mail.

(4)(a) The evidence to be considered by the medical review panel shall be promptly
submitted by the respective parties in written form only, according to the schedule
established by the chairman.

(b) The evidence may consist only of medical charts, x-rays or other film studies, lab
tests, other diagnostic or medical tests, and a position paper submitted by or on behalf of
each party.

(c) Neither interrogatories to nor depositions of the parties and witnesses may be
taken prior to the convening of the panel.

(d) No party or panel member shall be permitted to request the clerk of any district
court to issue subpoenas and subpoenas duces tecum in aid of the taking of depositions and
the production of documentary evidence. However, if a copy of the medical record is not
produced by a health care provider within a reasonable period of time, not to exceed fifteen
days, following a health care provider’s receipt of a medical authorization executed by the
claimant pursuant to Subparagraph (3)(b) of this Subsection then the party who forwarded
the authorization to the health care provider may request the clerk of any district court to
issue subpoenas and subpoenas duces tecum in aid of the production of the medical records.

(5) The attorney chairman, after submission of all evidence and upon ten days notice,
shall convene the panel at a time and place agreeable to the members of the panel, but in no
event shall the opinion be rendered later than twelve months from the date of notification of
the selection of the attorney chairman by the executive director to the selected attorney and
all other parties pursuant to Paragraph (C)(1) of this Section. Either party may informally
question the panel concerning any matters relevant to issues to be decided by the panel before
and after the issuance of their report. The panel deliberation and the questioning of the panel
shall not be recorded. The chairman of the panel shall preside at all meetings.

(6) The panel shall have the sole duty to express its expert opinion as to whether or
not the evidence supports the conclusion that the defendant or defendants acted or failed to
act within the appropriate standards of care. After reviewing all evidence and after any
examination of the panel by counsel representing either party, the panel shall, within thirty
days, but in no event later than twelve months of the date of notification of the selection of
the attorney chairman pursuant to Paragraph (C)(1) of this Section, render one or more of the
following expert opinions, which shall be in writing and signed by the panelists, together
with written reasons for their conclusions:

(a) The evidence supports the conclusion that the defendant or defendants failed to
comply with the appropriate standard of care as charged in the complaint.

(b) The evidence does not support the conclusion that the defendant or defendants
failed to meet the applicable standard of care as charged in the complaint.

(c) That there is a material issue of fact, not requiring expert opinion, bearing on
liability for consideration by the court.

(7) The report of the expert opinion reached by the expedited medical review panel
process pursuant to the provisions of this Subsection shall not be admissible as evidence in
any action subsequently brought by the claimant in a court of law. Neither party shall have
the right to call any member of the medical review panel as a witness. A panelist shall have
absolute immunity from civil liability for all communications, findings, opinions and
conclusions made in the course and scope of duties prescribed by this Part.

(8) The provisions of Subparagraphs (I)(2)(c) and (d) of this Section shall not apply
to a medical review panel governed by the expedited medical review panel process.

*Amended by Acts 1991, No. 661, §1; Acts 1991, No. 668, §1; Acts 1992, No. 347, §1, eff. June 17, 1992; Acts 1995, No. 1258, §1; Acts 1997, No. 664, §1; Acts 1997, No. 830, §1; Acts 1999, No. 610, §1; Acts 2002, 1st Ex. Sess., No. 86, §1; Acts 2003, No. 484, §1; Acts 2003, No. 644, §1; Acts 2003, No. 961, §1; Acts 2003, No. 1263, §1, eff. July 7, 2003; Acts 2004, No. 306, §1; Acts 2004, No. 309, §1; Acts 2004, No. 311, §1; Acts 2005, No. 127, §§1, 2; Acts 2006, No. 323, §1; Acts 2008, No. 558, §1; Acts 2012, No. 802, §1; Redesignated from R.S. 40:1299.47 by HCR 84 of 2015 R.S.; Acts 2016, No. 275, §1; Acts 2017, No. 294, §1; Acts 2022, No. 162, §2; Acts 2023, No. 5, §2.*

##### **§ 40:1231.9** Reporting of claims {#sec-40-1231.9 omnilex-key=us-la-statutes--rs-title-40--40:1231.9}

A. For the purpose of providing the various licensing boards of Louisiana health care
providers, as defined by R.S. 40:1231.1(A), with information on malpractice claims paid by
insurers or self insurers on behalf of health care providers in this state, each insurer of such
health care provider, and each health care provider in Louisiana who is self insured shall,
within thirty days of the date of payment, provide a written report to the licensing board of
this state having licensing authority over the health care provider on whose behalf payment
was made, and each such report shall contain:

(1) The name and address of the health care provider.

(2) A brief description of the acts of omission or commission which gave rise or
allegedly gave rise to the claim, and the date thereof.

(3) The name of the patient and the injury which resulted or allegedly resulted
therefrom.

(4) The amount paid in settlement or discharge of the claim, whether paid by
compromise, by payment of judgment, by payment of arbitration award, or otherwise; and

(5) Where any judicial opinion has been rendered with regard to a claim, a copy of
all such opinions shall be attached to the report.

Provided, however, no report shall be required for compromise settlements of claims
where the amount paid is one thousand dollars or less, except where such payments were
made in satisfaction or compromise of judgment of court or of award of arbitrators.

B. The provisions of this Section shall apply to all health care providers in Louisiana,
whether or not such health care provider has qualified under the provisions of this Part.

C. There shall be no liability on the part of any insurer or person acting for said
insurer, for any statements made in good faith in the reports required by this Section.

D.(1) The executive director of the Patient's Compensation Fund shall submit a report
on an annual basis to the Senate and House committees on health and welfare no later than
January thirty-first. The report shall contain every claim against an individual practitioner
who has had five or more paid claims for the previous year paid by the Patient's
Compensation Fund and shall contain the following information:

(a) All paid claims for the previous year and the year immediately preceding that
year, as well as the total number of pending claims filed against that individual practitioner.

(b) The name and address of the individual practitioner and a brief description of the
acts of omission or commission which gave rise to the paid claims.

(2) For the purposes of this Subsection, "individual practitioner" means any
individual person licensed or certified by this state to provide health care or professional
services who is listed in R.S. 40:1231.1(A)(10).

*Added by Acts 1976, No. 114, §1; Redesignated from R.S. 40:1299.48 by HCR 84 of 2015 R.S.; Acts 2015, No. 454, §1, eff. July 1, 2015.*

##### **§ 40:1231.10** Medical review panel; one panel for state and private claims {#sec-40-1231.10 omnilex-key=us-la-statutes--rs-title-40--40:1231.10}

The following provisions shall apply when, for the same injury to or death of a
patient, a malpractice claim alleges liability of both a state health care provider under the
provisions of this Part and a health care provider under the provisions of Part IV of this
Subchapter:

(1) Unless all parties have agreed otherwise, only one medical review panel shall be
convened in such instance to review the claims under this Part and Part IV of this
Subchapter.

(2) The panel shall consist of a single attorney chairperson and three health care
providers who hold unlimited licenses to practice their profession in Louisiana.

(3) The panel shall be considered a joint medical review panel, and its actions shall
be deemed to have the same force and effect as if a separate medical review panel had been
convened under each of the respective Parts.

(4) The panel shall be governed by the law applicable under both Parts. In the event
of a procedural conflict between the provisions of the Parts, the provisions of R.S. 40:1231.8
shall govern.

*Acts 2004, No. 183, §1, eff. June 10, 2004; Redesignated from R.S. 40:1299.49 by HCR 84 of 2015 R.S.*

##### **§ 40:1232** Redesignated to R.S. 40:1133.1 by HCR 84 of 2015 R.S. {#sec-40-1232 omnilex-key=us-la-statutes--rs-title-40--40:1232}

*Redesignated to R.S. 40:1133.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.1** Redesignated to R.S. 40:1133.2 by HCR 84 of 2015 R.S. {#sec-40-1232.1 omnilex-key=us-la-statutes--rs-title-40--40:1232.1}

*Redesignated to R.S. 40:1133.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.2** Redesignated to R.S. 40:1133.3 by HCR 84 of 2015 R.S. {#sec-40-1232.2 omnilex-key=us-la-statutes--rs-title-40--40:1232.2}

*Redesignated to R.S. 40:1133.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.3** Redesignated to R.S. 40:1133.4 by HCR 84 of 2015 R.S. {#sec-40-1232.3 omnilex-key=us-la-statutes--rs-title-40--40:1232.3}

*Redesignated to R.S. 40:1133.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.4** Redesignated to R.S. 40:1133.5 by HCR 84 of 2015 R.S. {#sec-40-1232.4 omnilex-key=us-la-statutes--rs-title-40--40:1232.4}

*Redesignated to R.S. 40:1133.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.5** Redesignated to R.S. 40:1133.6 by HCR 84 of 2015 R.S. {#sec-40-1232.5 omnilex-key=us-la-statutes--rs-title-40--40:1232.5}

*Redesignated to R.S. 40:1133.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.6** Redesignated to R.S. 40:1133.7 by HCR 84 of 2015 R.S. {#sec-40-1232.6 omnilex-key=us-la-statutes--rs-title-40--40:1232.6}

*Redesignated to R.S. 40:1133.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.7** Redesignated to R.S. 40:1133.8 by HCR 84 of 2015 R.S. {#sec-40-1232.7 omnilex-key=us-la-statutes--rs-title-40--40:1232.7}

*Redesignated to R.S. 40:1133.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.8** Redesignated to R.S. 40:1133.9 by HCR 84 of 2015 R.S. {#sec-40-1232.8 omnilex-key=us-la-statutes--rs-title-40--40:1232.8}

*Redesignated to R.S. 40:1133.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.9** Redesignated to R.S. 40:1133.10 by HCR 84 of 2015 R.S. {#sec-40-1232.9 omnilex-key=us-la-statutes--rs-title-40--40:1232.9}

*Redesignated to R.S. 40:1133.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.10** Redesignated to R.S. 40:1133.11 by HCR 84 of 2015 R.S. {#sec-40-1232.10 omnilex-key=us-la-statutes--rs-title-40--40:1232.10}

*Redesignated to R.S. 40:1133.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1232.11** Redesignated to R.S. 40:1133.12 by HCR 84 of 2015 R.S. {#sec-40-1232.11 omnilex-key=us-la-statutes--rs-title-40--40:1232.11}

*Redesignated to R.S. 40:1133.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1233** Redesignated to R.S. 40:1133.13 by HCR 84 of 2015 R.S. {#sec-40-1233 omnilex-key=us-la-statutes--rs-title-40--40:1233}

*Redesignated to R.S. 40:1133.13 by HCR 84 of 2015 R.S.*

#### **PART II** MEDICAL MALPRACTICE COVERAGE

##### **§ 40:1233.1** State hospitals; medical malpractice coverage {#sec-40-1233.1 omnilex-key=us-la-statutes--rs-title-40--40:1233.1}

Each state owned or state operated hospital in Louisiana may provide medical
malpractice coverage to medical doctors, dentists and professional nurses who are employed
by such hospital or who donate services free of charge to such hospital or who have personal
services contracts with such hospital to provide medical services. Such coverage shall only
apply to those claims arising from services rendered by such medical doctors, dentists or
professional nurses as a direct result of such employment, donation of services or contract
for services. For the purposes of this Part the term "medical doctor" shall mean any person
holding a valid certificate to practice medicine issued pursuant to R.S. 37:1273; the term
"dentist" shall mean any person holding a valid certificate to practice dentistry issued
pursuant to R.S. 37:751 through R.S. 37:763; the term "professional nurse" shall mean any
person holding a valid certificate to practice nursing pursuant to R.S. 37:921, R.S. 37:971
or R.S. 37:972.

*Added by Acts 1975, No. 477, §1; Redesignated from R.S. 40:1299.37 by HCR 84 of 2015 R.S.*

##### **§ 40:1234** Redesignated to R.S. 40:1133.14 by HCR 84 of 2015 R.S. {#sec-40-1234 omnilex-key=us-la-statutes--rs-title-40--40:1234}

*Redesignated to R.S. 40:1133.14 by HCR 84 of 2015 R.S.*

##### **§ 40:1234.1** Redesignated to R.S. 40:1133.15 by HCR 84 of 2015 R.S. {#sec-40-1234.1 omnilex-key=us-la-statutes--rs-title-40--40:1234.1}

*Redesignated to R.S. 40:1133.15 by HCR 84 of 2015 R.S.*

##### **§ 40:1235** Redesignated to R.S. 40:1135.1 by HCR 84 of 2015 R.S. {#sec-40-1235 omnilex-key=us-la-statutes--rs-title-40--40:1235}

*Redesignated to R.S. 40:1135.1 by HCR 84 of 2015 R.S.*

#### **PART III** MALPRACTICE COVERAGE; STATE-EMPLOYED PHYSICIANS, DENTISTS AND PROFESSIONAL NURSES

##### **§ 40:1235.1** State agency may provide malpractice coverage {#sec-40-1235.1 omnilex-key=us-la-statutes--rs-title-40--40:1235.1}

Each agency of the state which employs physicians, dentists or professional nurses
to provide medical services for or on behalf of such agency and each agency of the state to
whom any medical doctor, dentist or professional nurse donates their services may provide
such persons with medical malpractice coverage at no cost to such persons. For the purposes
of this Part the term "physician" shall mean any person holding a valid certificate to practice
medicine issued pursuant to R.S. 37:1273; the term "dentist" shall mean any person holding
a valid certificate to practice dentistry issued pursuant to R.S. 37:751 through R.S. 37:763;
the term "professional nurse" shall mean any person holding a valid certificate to practice
nursing pursuant to R.S. 37:921, R.S. 37:971 or R.S. 37:972. The coverage provided for
herein shall apply only to those actions arising from services rendered as a direct result of
such employment or donation.

Added by Acts 1975, No. 674, §1; Redesignated from R.S. 40:1299.38 by HCR 84
of 2015 R.S.

NOTE: Former R.S. 40:1235.1 redesignated to R.S. 40:1135.2 by HCR 84 of 2015
R.S.

##### **§ 40:1235.2** Redesignated to R.S. 40:1135.3 by HCR 84 of 2015 R.S. {#sec-40-1235.2 omnilex-key=us-la-statutes--rs-title-40--40:1235.2}

*Redesignated to R.S. 40:1135.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1235.3** Redesignated to R.S. 40:1135.4 by HCR 84 of 2015 R.S. {#sec-40-1235.3 omnilex-key=us-la-statutes--rs-title-40--40:1235.3}

*Redesignated to R.S. 40:1135.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1235.4** Redesignated to R.S. 40:1135.5 by HCR 84 of 2015 R.S. {#sec-40-1235.4 omnilex-key=us-la-statutes--rs-title-40--40:1235.4}

*Redesignated to R.S. 40:1135.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1236** Redesignated to R.S. 40:1135.6 by HCR 84 of 2015 R.S. {#sec-40-1236 omnilex-key=us-la-statutes--rs-title-40--40:1236}

*Redesignated to R.S. 40:1135.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.1** Redesignated to R.S. 40:1135.7 by HCR 84 of 2015 R.S. {#sec-40-1236.1 omnilex-key=us-la-statutes--rs-title-40--40:1236.1}

*Redesignated to R.S. 40:1135.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.2** Redesignated to R.S. 40:1135.8 by HCR 84 of 2015 R.S. {#sec-40-1236.2 omnilex-key=us-la-statutes--rs-title-40--40:1236.2}

*Redesignated to R.S. 40:1135.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.3** Repealed by Acts 2012, No. 789, §3, eff. June 13, 2012. {#sec-40-1236.3 omnilex-key=us-la-statutes--rs-title-40--40:1236.3}

*Repealed by Acts 2012, No. 789, §3, eff. June 13, 2012.*

##### **§ 40:1236.4** Redesignated to R.S. 40:1135.9 by HCR 84 of 2015 R.S. {#sec-40-1236.4 omnilex-key=us-la-statutes--rs-title-40--40:1236.4}

*Redesignated to R.S. 40:1135.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.5** Redesignated to R.S. 40:1135.10 by HCR 84 of 2015 R.S. {#sec-40-1236.5 omnilex-key=us-la-statutes--rs-title-40--40:1236.5}

*Redesignated to R.S. 40:1135.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.6** Redesignated to R.S. 40:1135.11 by HCR 84 of 2015 R.S. {#sec-40-1236.6 omnilex-key=us-la-statutes--rs-title-40--40:1236.6}

*Redesignated to R.S. 40:1135.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.7** Redesignated to R.S. 40:1135.12 by HCR 84 of 2015 R.S. {#sec-40-1236.7 omnilex-key=us-la-statutes--rs-title-40--40:1236.7}

*Redesignated to R.S. 40:1135.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.11** Redesignated to R.S. 40:1137.1 by HCR 84 of 2015 R.S. {#sec-40-1236.11 omnilex-key=us-la-statutes--rs-title-40--40:1236.11}

*Redesignated to R.S. 40:1137.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.12** Redesignated to R.S. 40:1137.2 by HCR 84 of 2015 R.S. {#sec-40-1236.12 omnilex-key=us-la-statutes--rs-title-40--40:1236.12}

*Redesignated to R.S. 40:1137.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.13** Redesignated to R.S. 40:1137.3 by HCR 84 of 2015 R.S. {#sec-40-1236.13 omnilex-key=us-la-statutes--rs-title-40--40:1236.13}

*Redesignated to R.S. 40:1137.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.14** Redesignated to R.S. 40:1137.4 by HCR 84 of 2015 R.S. {#sec-40-1236.14 omnilex-key=us-la-statutes--rs-title-40--40:1236.14}

*Redesignated to R.S. 40:1137.4 by HCR 84 of 2015 R.S.*

#### **SUBPART E** LOUISIANA BIO-RECOVERY TECHNICIAN CERTIFICATION COMMISSION

##### **§ 40:1236.15** Repealed by Acts 2008, No. 815, §5. {#sec-40-1236.15 omnilex-key=us-la-statutes--rs-title-40--40:1236.15}

*Repealed by Acts 2008, No. 815, §5.*

##### **§ 40:1236.16** Repealed by Acts 2008, No. 815, §5. {#sec-40-1236.16 omnilex-key=us-la-statutes--rs-title-40--40:1236.16}

*Repealed by Acts 2008, No. 815, §5.*

##### **§ 40:1236.17** Repealed by Acts 2008, No. 815, §5. {#sec-40-1236.17 omnilex-key=us-la-statutes--rs-title-40--40:1236.17}

*Repealed by Acts 2008, No. 815, §5.*

##### **§ 40:1236.18** Repealed by Acts 2008, No. 815, §5. {#sec-40-1236.18 omnilex-key=us-la-statutes--rs-title-40--40:1236.18}

*Repealed by Acts 2008, No. 815, §5.*

##### **§ 40:1236.19** Repealed by Acts 2008, No. 815, §5. {#sec-40-1236.19 omnilex-key=us-la-statutes--rs-title-40--40:1236.19}

*Repealed by Acts 2008, No. 815, §5.*

##### **§ 40:1236.20** Repealed by Acts 2008, No. 815, §5. {#sec-40-1236.20 omnilex-key=us-la-statutes--rs-title-40--40:1236.20}

*Repealed by Acts 2008, No. 815, §5.*

##### **§ 40:1236.21** Redesignated to R.S. 40:1139.1 by HCR 84 of 2015 R.S. {#sec-40-1236.21 omnilex-key=us-la-statutes--rs-title-40--40:1236.21}

*Redesignated to R.S. 40:1139.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.22** Redesignated to R.S. 40:1139.2 by HCR 84 of 2015 R.S. {#sec-40-1236.22 omnilex-key=us-la-statutes--rs-title-40--40:1236.22}

*Redesignated to R.S. 40:1139.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.23** Redesignated to R.S. 40:1139.3 by HCR 84 of 2015 R.S. {#sec-40-1236.23 omnilex-key=us-la-statutes--rs-title-40--40:1236.23}

*Redesignated to R.S. 40:1139.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.24** Redesignated to R.S. 40:1139.4 by HCR 84 of 2015 R.S. {#sec-40-1236.24 omnilex-key=us-la-statutes--rs-title-40--40:1236.24}

*Redesignated to R.S. 40:1139.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.25** Redesignated to R.S. 40:1139.5 by HCR 84 of 2015 R.S. {#sec-40-1236.25 omnilex-key=us-la-statutes--rs-title-40--40:1236.25}

*Redesignated to R.S. 40:1139.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1236..26** Redesignated to R.S. 40:1139.6 by HCR 84 of 2015 R.S. {#sec-40-1236..26 omnilex-key=us-la-statutes--rs-title-40--40:1236..26}

*Redesignated to R.S. 40:1139.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.27** Redesignated to R.S. 40:1139.7 by HCR 84 of 2015 R.S. {#sec-40-1236.27 omnilex-key=us-la-statutes--rs-title-40--40:1236.27}

*Redesignated to R.S. 40:1139.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.28** Redesignated to R.S. 40:1139.8 by HCR 84 of 2015 R.S. {#sec-40-1236.28 omnilex-key=us-la-statutes--rs-title-40--40:1236.28}

*Redesignated to R.S. 40:1139.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.29** Redesignated to R.S. 40:1139.9 by HCR 84 of 2015 R.S. {#sec-40-1236.29 omnilex-key=us-la-statutes--rs-title-40--40:1236.29}

*Redesignated to R.S. 40:1139.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.30** Redesignated to R.S. 40:1139.10 by HCR 84 of 2015 R.S. {#sec-40-1236.30 omnilex-key=us-la-statutes--rs-title-40--40:1236.30}

*Redesignated to R.S. 40:1139.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1236.31** Redesignated to R.S. 40:1139.11 by HCR 84 of 2015 R.S. {#sec-40-1236.31 omnilex-key=us-la-statutes--rs-title-40--40:1236.31}

*Redesignated to R.S. 40:1139.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1237** Redesignated to R.S. 40:1060.11 by HCR 84 of 2015 R.S. {#sec-40-1237 omnilex-key=us-la-statutes--rs-title-40--40:1237}

*Redesignated to R.S. 40:1060.11 by HCR 84 of 2015 R.S.*

#### **PART IV** MALPRACTICE LIABILITY FOR STATE SERVICES

##### **§ 40:1237.1** Definitions and general application {#sec-40-1237.1 omnilex-key=us-la-statutes--rs-title-40--40:1237.1}

A. As used in this Part:

(1) "Ambulance service" means an entity which operates either ground or air
ambulances, using a minimum of two persons on each ground ambulance, at least one of
whom is trained and registered at the level of certified medical technician-basic, or at the
intermediate or paramedic levels, or one who is a registered nurse, and using a minimum on
any air ambulance of one person trained and registered at the paramedic level or a person
who is a registered nurse or any officer, employee, or agent thereof acting in the course and
scope of his employment.

(2) "Future medical care and related benefits" for the purposes of this Section, means
all reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial
services, including drugs, prosthetic devices, and other similar materials reasonably
necessary in the provision of such services, to which the injured patient is entitled under the
provisions of this Section and which each injured patient needs after the date of the injury.
"Future medical care and related benefits" as used in this Section shall not be construed to
mean nonessential specialty items, or devices of convenience.

(3) "Health care" means any act or treatment which was performed or furnished or
which should have been performed or furnished by any person covered by this Part for, to,
or on behalf of, a patient during the medical care, treatment or confinement of the patient.

(4) "Malpractice" means the failure to exercise the reasonable standard of care
specified and required by Subsection B of this Section, in the provision of health care, when
such failure proximately causes injury to a patient, as provided in Subsection B of this
Section.

(5) "Patient" means a natural person who receives, or should have received, health
care from a person covered by this Part, or a donor or prospective donor of an organ or tissue,
and any other natural person or persons who would or may have a claim or claims for
damages under applicable law arising out of, or directly related to, the claim or claims of the
natural person who receives, or should have received, health care from a person covered by
this Part.

(6) "Physician" means a person with a license or permit to practice medicine in this
state.

(7) "Representative" means a person who is a parent, tutor, curator, spouse, trustee,
attorney, or other legal agent of the patient and who is authorized, by and on behalf of the
patient, to exercise any of the patient's rights, privileges, or immunities granted by this
Section or to fulfill any of the patient's obligations, duties, or forbearances imposed under
this Section, because the patient has executed a written authorization and mandate to that
effect or because the law operates to that effect due to the status of that patient and his
relationship to such person, as when the patient is a minor child and his parent must act for
him. After the death of the patient, "representative" shall also mean and include the executor
of a patient's will, the administrator of his estate, the surviving spouse of the patient, the
patient's children, or, if they are minors, their legal representatives, any of the patient's heirs,
successors, legatees, or assigns, and/or any other person who may have any interest in any
recovery arising out of the death of the patient or in the bringing of any action or the making
of any demands or claims with regard to such patient.

(8) "Right to recover losses due to malpractice" means the substantive right in favor
of a patient or his representative to receive, subject to the fiscal legislative discretion of
appropriation, some measure of compensation in money or services or both from the state,
as and to the extent allowed by this Section, toward repairing any injury or losses
proximately caused to him by an act of malpractice committed by a state health care provider
as defined in this Section.

(9)(a) "State health care provider" or "person covered by this Part" means:

(i) The state or any of its departments, offices, agencies, boards, commissions,
institutions, universities, facilities, hospitals, clinics, laboratories, health care units,
ambulances, ambulance services, university health centers, and other state entities which may
provide any kind of health care whatsoever, and the officers, officials, and employees thereof
when acting within the course and scope of their duties in providing health care in connection
with such state entity; or

(ii) A person acting in a professional capacity in providing health care services, by
or on behalf of the state, including but not limited to a physician, psychologist, coroner, and
assistant coroner who is a licensed physician when acting solely in accordance with the
Behavioral Health Law as provided in R.S. 28:50 et seq., provided that the premium costs
of such malpractice coverage shall be the responsibility of the coroner's office, dentist, a
licensed dietician or licensed nutritionist employed by, referred by, or performing work under
contract for, a state health care provider or other person already covered by this Part,
registered nurse, licensed practical nurse, nurse practitioner, clinical nurse specialist,
pharmacist, optometrist, podiatrist, physical therapist, occupational therapist, licensed
respiratory therapist, licensed radiologic technologist, licensed clinical laboratory scientist,
social worker, hospital administrator, or licensed professional counselor, who is either:

(aa) Acting within the course and scope of his employment pursuant to a contract
with the state, which contract specially names that health care provider and designates him
to render such health care services, pursuant to a staff appointment to a state hospital or other
state health care facility, or pursuant to an assignment to render such health care services for
or on behalf of the state, without regard to where the services are performed, whether or not
he is paid for such services.

(bb) Performing voluntary professional or telehealth services in a health care facility
or institution for or on behalf of the state.

(iii) A resident, intern, or student of, or any person who is otherwise qualified in, any
discipline, including but not limited to, the disciplines listed in this Subsection when he is
acting within the course and scope of the training or staff appointment in and under the
supervision of a state hospital or other health care facility to which he is assigned as a part
of his prescribed training in such discipline, without regard to where the services are
performed.

(iv)(aa) A physician, surgeon, dentist, or hospital, and any employee of a physician,
surgeon, dentist, or hospital not otherwise included in Item (i), (ii), or (iii) of this
Subparagraph who gratuitously treats or provides services to any patient referred to him from
a state hospital or other state facility without compensation or reimbursement from Medicaid
or from any type of state or federal public assistance program, who gratuitously treats or
provides services to any patient eligible for admission from a state hospital or other state
facility without compensation or reimbursement from Medicaid or from any type of state or
federal public assistance program, when the patient is certified by the state hospital or other
state facility, to be eligible for admission to the state hospital or other state facility, only as
it relates to services provided to that patient, or who gratuitously treats or provides services
to a student in a public school health clinic without compensation or reimbursement from
Medicaid or from any type of state or federal public assistance program.

(bb) Any provider referenced in this Item, in order to be covered by the provisions
of this Part, shall signify in writing, by the end of the next business day after the patient
presents himself for treatment, that all fees for professional medical or hospital health care
services and all rights to reimbursement under Medicaid or any other federal or state public
assistance or entitlement program are waived. For the purpose of this Item, a referred patient
or the term "any patient referred" "from a state hospital or other state facility" shall mean a
patient who presents himself for treatment to any health care provider enumerated in this
Item after prior arrangements have been made between such a provider and a state hospital
or other state facility where that patient has been receiving or has attempted to receive health
care and medical services or in circumstances when no prior arrangements have been made
or a patient who has attempted to reach or was in transit to such state hospital or facility to
receive health care and medical services but was diverted from that intended destination by
such hospital or facility because of lack of specialty medical services, treatment availability,
or bed capacity, or any combination thereof.

(cc) However, no person or entity referenced in this Item shall be considered a "state
health care provider" or "person covered by this Part" for any injury to or death of the patient
resulting from any act or omission of gross negligence or any willful or wanton act or
omission.

(dd) However, no person or entity referenced in this Part shall be considered a "state
health care provider" or "person covered by this Part" when performing the elective
termination of an uncomplicated viable pregnancy.

(b) "State health care provider" or "person covered by this Part" shall not mean and
shall not include a political subdivision of the state nor any hospital, hospital service district,
or any other health care facility of a political subdivision, nor shall it mean or include any
individual acting in a professional capacity in providing health care services not by or on
behalf of the state.

B.(1) The standard of reasonable care specified and required by this Section is as
follows: The standard of care specified and required by this Section for licensed physicians
and dentists shall be the same as that required to be proven with respect to them under the
provisions of R.S. 9:2794.

(2) No breach of the standard of reasonable care required under the provisions of this
Section shall constitute malpractice within the meaning of this Section, nor shall it give
grounds for any recovery or liability, without its also being the proximate cause of each
injury for which a recovery in damages is sought. A patient injured must fall within the
specific class of persons legislatively intended, by the purpose and design of this Section, to
be protected against such breaches of the standard of reasonable care set forth in this
Subsection, the resulting injury must be of the kind specifically intended and designed by this
Section to be prevented by the standard of reasonable care set forth in this Subsection, and
the resulting injury and the damages sought therefor must fall within the type of injury and
damages for which a recovery is allowable by the purpose and intent of this Section in light
of the particular legislative provisions, findings, and purposes expressed in this Section.

C. Since the Louisiana Civil Code was enacted only in the domain of the private law,
governs only the legal relationships of private persons among themselves alone, and is
inapplicable to public entities and their legal relationships, there is no right nor legal basis
ex delicto, or ex quasi-delicto, for an action by a patient or his representative to recover
damages or any other losses, including those for the death of the patient, from the state or a
state health care provider as defined in this Section as a result of malpractice in connection
with state-provided or state-related health care; however, a patient, his representative
properly acting for him, or his after-death representative shall have a right to recover from
the state certain losses to the extent and within the limitations defined and allowed by this
Section of public law due to malpractice as defined in this Section, in the circumstances and
within the parameters provided by this Section, on the sole basis of this Section as a special
substantive sui generis statutory grant in the domain of public law. This Section shall not
be construed to limit, waive, or prohibit claims for lack of informed consent or breach of
contract as defined by statutes or otherwise provided by law.

D.(1) Whenever in the same circumstances, but not more than to the same extent,
that a patient would, under the private law, including the Louisiana Civil Code, which is
applicable only to private persons among themselves alone, be allowed a recovery, due to
malpractice, from a private person not employed by nor acting on behalf of a public entity,
a patient, his representative properly acting for him, or his after-death representative shall
have a right to recover, from the state, losses, including the death of said patient, but only to
the degree and within the limits allowed by, and subject to the terms and conditions of, this
Section of public law, when and insofar as such losses proximately result from malpractice
as defined in this Section and not from victim fault, third party fault, acts of God, acts of
third parties, or contributory negligence or fault and when there exist no breaches of duty by
such patient or his agents or representatives with respect to the damages sued for, no
assumption of risk by patient with respect thereto, nor any other circumstance which would
otherwise provide a defense or a basis of nonrecovery in any action in contract or quasi-contract or in any action arising out of any offense or quasi-offense. Whenever victim fault,
third party fault, acts of God, acts of third parties, contributory negligence, or contributory
fault is a substantial factor in causing such losses, the amount of recovery available from the
state under this Section shall be reduced by the same percentage or proportion as such losses
were brought about or resulted from such victim fault, third party fault, acts of God, acts of
third parties, contributory negligence, or contributory fault. Otherwise than as provided by
this Section of public law, a patient shall not have a right to recover losses due to malpractice
from the state or from a state health care provider as defined in this Section.

(2) In actions allowed and authorized by and brought pursuant to this Section, third
party demands and other actions for indemnification and contribution shall be recoverable
in the same circumstances and to the same extent as otherwise provided by law, but only
insofar as such actions, demands, and/or recovery do not conflict with the provisions or
intent of this Section. Judicial interest shall be allowed as otherwise provided by law, except
that none shall be allowed on future medical care and related benefits.

(3) Any cause of action for an unintentional act or omission by an organ procurement
organization to a donor or prospective donor of an anatomical gift, as defined in R.S.
17:2351, shall be governed by the provisions of this Section.

E.(1) Unless the medical malpractice claim is first compromised and settled in
accordance with Subsection H of this Section or unless the state, through the concurrence of
the office of risk management and the legal counsel representing the state against such claim,
waive the medical review panel procedure, all medical malpractice claims by their patients
or their representatives arising from the right created and granted by Subsections C and D
of this Section shall be submitted to administrative review in accordance with this Subsection
before such right in individual claims can become sufficiently existent to be susceptible of
judicial recognition or adjudication. The medical malpractice claims of prisoners relating
to health care rendered in a correctional facility and arising under this Part shall be submitted
to correctional administrative review procedures established for administrative hearings in
the correctional environment or established in accordance with express law, including R.S.
15:1171 et seq., R.S. 49:978.1, and the administrative rules and regulations pertaining
thereto. All other medical malpractice claims arising under this Part, including wrongful
death and survival actions related to prisoners, shall be submitted to a medical review panel
in accordance with R.S. 40:1237.2.

(2) All claims and complaints submitted to a medical review panel in accordance
with R.S. 40:1237.2 shall conform at a minimum to the requirements of Rules 8, 9, and 10
of the Federal Rules of Civil Procedure.

(3) All claims and complaints submitted by a patient, claimant, or their
representative, as a result of malpractice as defined in this Section, shall, once the parties
have certified to the court that discovery is complete, be given priority on the court's docket,
to the extent practicable, over any other civil action before the court, provided that the
provisions of this Paragraph shall not supersede the provisions of Code of Civil Procedure
Article 1573.

F. Notwithstanding any other provision of the law to the contrary, no judgment shall
be rendered and no settlement or compromise shall be entered into for the injury or death of
any patient in any action or claim for an alleged act of malpractice in excess of five hundred
thousand dollars plus interest and costs, exclusive of future medical care and related benefits
valued in excess of such five hundred thousand dollars. In claims which may include future
medical care and related benefits, the following procedures shall apply:

(1) The court's judgment or the settlement or compromise shall include a recitation
that the patient is or is not in need of future medical care and related benefits and the amount
thereof.

(2) If the total amount of the value of the judgment or settlement or compromise is
for five hundred thousand dollars, plus interest and costs, exclusive of the value of future
medical care and related benefits, all future medical care and related benefits shall be paid
in accordance herewith.

(3) If the total amount of recovery, excluding interest and costs but including the
amount of future medical care and related benefits does not exceed five hundred thousand
dollars, judgment may be rendered for the total amount and paid by the state as provided by
Subsection I of this Section.

(4) The district court from which final judgment issues shall have continuing
jurisdiction in cases where future medical care and related benefits are determined to be
necessary. Such continuing jurisdiction shall be limited to matters of future medical care and
benefits as provided in this Subsection.

(5) Nothing in this Subsection shall be construed to prevent a claimant and the state
from entering into a court-approved settlement or agreement whereby future medical care and
related benefits shall be provided for a limited period of time or to a limited degree.

(6) If the total amount of recovery awarded against the state, excluding interest and
costs but including the amount of future medical care and related benefits, exceeds five
hundred thousand dollars, the claimant may make a claim to the office of risk management
for all future medical care and related benefits.

(7) Payments for medical care and related benefits shall be paid by the office of risk
management pursuant to Subsection L of this Section, without regard to the five hundred
thousand dollar limitation imposed in this Subsection.

(8) The court shall award reasonable attorney fees to the claimant's attorney if the
court finds that the office of risk management unreasonably fails to pay for medical care
within sixty days after submission of a claim for payment of such benefits together with
proper substantiation therefor.

(9) The office of risk management shall be entitled to have a physical examination
of the claimant performed by a physician of the office of risk management's choice from time
to time for the purpose of determining the validity of any claim submitted or the claimant's
continued need of future medical care and related benefits, subject to the following
requirements:

(a) Notice in writing shall be delivered to or served upon the claimant or the
claimant's counsel of record at least ten days prior to an examination specifying the time and
place of the intended examination. Delivery of the notice may be by certified mail.

(b) Such examination shall be by a licensed physician or chiropractic physician
licensed under the laws of this state or of the state, parish, or county wherein the claimant
resides.

(c) The place at which such examination is to be conducted shall not involve an
unreasonable amount of travel for the claimant considering all circumstances. It shall not be
necessary for a claimant who resides outside this state to come into this state for such an
examination unless so ordered by the court.

(d) Within thirty days after the examination, the claimant shall be compensated by
the office of risk management for all necessary and reasonable expenses incidental to
submitting to the examination, including the reasonable costs of travel, meals, lodging, loss
of pay, or other direct expenses.

(e) Examinations may not be required more frequently than at six-month intervals,
except that, upon application to the court having jurisdiction of the claim and after
reasonable cause shown therefor, examination within a shorter interval may be ordered. In
considering such application, the court should exercise care to prevent harassment to the
claimant.

(f) The claimant shall be entitled to have a physician or an attorney of his choice or
both present at such examination. The patient shall pay such physician or attorney himself.

(g) The claimant shall be promptly furnished with a copy of the report of the
examination made by the physician making the examination on behalf of the future medical
benefits fund.

(10) If a claimant fails or refuses to submit to examination in accordance with a
notice, and if the requirements of Paragraph (9) of this Subsection have been satisfied, then
the claimant shall not be entitled to attorney fees in any action to enforce rights pursuant to
Paragraph (8) of this Subsection and may be subject to denial of payment of any claim
submitted for payment.

(11) Any physician selected by the office of risk management who shall make or be
present at an examination of the claimant conducted in pursuance of this Subsection may be
required to testify as to the conduct thereof and the findings made. Communications made
by the claimant upon such examination by such physician or physicians shall not be
considered privileged.

(12) All reasonable fees and costs of medical examinations and the costs and fees
of the medical expert witnesses in any proceeding in which the termination of medical care
and related benefits is sought shall be paid by the office of risk management.

G. Notwithstanding any other provision of the law to the contrary, the state shall pay
any damages, interest, cost of investigation and defense, and any other costs in connection
with any claim lodged against any state health care provider (person covered by this Part) for
an alleged act of medical malpractice, resulting in the injury or death of a patient up to the
limits set forth in this Part. The coverage provided herein shall apply only when the state
health care provider (person covered by this Part) is acting within the terms of the definition
of "state health care provider" or "person covered by this Part" as provided in Paragraph (1)
of Subsection A of this Section.

H. Internally within the state government of Louisiana, the office of risk management
shall have the primary responsibility for the administrative management of medical
malpractice claims against the state. Copies of all claims shall be submitted to the office of
risk management by claimants or their attorneys. In the administration of such claims, the
office of risk management shall cause a timely and thorough investigation of the
circumstances surrounding each malpractice claim, assemble all data relevant thereto, and
coordinate with legal counsel for the defense of such cases. With the approval of such legal
counsel, and in accordance with R.S. 39:1535, the office of risk management may
compromise and settle any suit or claim up to the limits set forth in this Part. All malpractice
claims not subject to such compromise or settlement shall be reviewed by a state medical
review panel pursuant to R.S. 40:1237.2. In any suit or claim brought pursuant to this Part,
the office of risk management may pay all defense and investigative costs, costs as
established by the state medical review panel law, and any other costs incurred in connection
with the defense of these actions as said costs accrue.

I.(1) An attorney appointed in accordance with R.S. 49:258 shall be designated as
the attorney to defend medical malpractice claims filed under this Part.

(2) Any written compromise or settlement effected between the state and the
claimant with the approval of legal counsel designated as provided above shall be binding
upon the claimant and the state.

J. The office of risk management, with the concurrence of counsel designated as
provided for in Subsection I of this Section, shall have the authority to compromise or settle,
and pay any suit or claim brought pursuant to this Part up to twenty-five thousand dollars
exclusive of interest and costs. The compromise or settlement, and payment of any suit or
claim of twenty-five thousand dollars or more, exclusive of interest and costs, shall be
governed by the provisions of R.S. 39:1535(B)(6) and (D)(1), as may be applicable.

K. Any person covered by this Part shall be considered as a named insured. A health
care provider who fails to qualify as a state health care provider under this Part is not covered
by the provisions of this Part and is subject to liability under the private law without regard
to the provisions of this Part. If a health care provider does not so qualify, the patient's
remedy will not be affected by the terms and provisions of this Part, except as provided in
this Part with respect to the suspension and the running of prescription of actions against a
health care provider who has not qualified under this Part when a claim has been filed against
the health care provider for review under this Part. However, the running of prescription
against a health care provider who is answerable in solido with a qualified state health care
provider against whom a claim has been filed for review under this Part shall be suspended
in accordance with the provisions of R.S. 40:1237.2(A)(2)(a).

L.(1) All future medical care and related benefits shall be paid by the office of risk
management as are awarded in final judgments, settlements, or compromises in accordance
with this Section.

(2) The office of risk management shall review all invoices received for future
medical care and related benefits, prepare vouchers or warrants, and evaluate and settle
claims relating to the payments of future medical care and related benefits. In submitting
requests for payment, the claimant shall submit the original invoices.

(3) The parties may agree that any amount due for future medical care and related
benefits be paid through a reversionary medical trust fund, or the purchase of an annuity
contract by the office of risk management for and on behalf of the claimant.

M. The state shall not be liable for any injuries arising from the medical malpractice
of any officer, official, employee, representative, appointee, agent, agency, district, hospital,
clinic, service, facility, institution, or any health care provider of a political subdivision.

N. Nothing in this Part shall be construed to make the state liable for any sums
except those arising from medical malpractice. Notwithstanding any other law to the
contrary, including but not limited to R.S. 13:5106, the provisions of this Part shall apply for
medical malpractice actions against the state.

*Amended by Acts 1990, No. 697, §1; Acts 1990, No. 944, §1, eff. July 25, 1990; HCR No. 77, 1990 R.S.; Acts 1991, No. 661, §1; Acts 1997, No. 1267, §1, eff. July 15, 1997; Acts 1999, No. 1309, §8, eff. Jan. 1, 2000; Acts 2001, No. 486, §4, eff. June 21, 2001; Acts 2001, No. 697, §1; Acts 2001, No. 861, §1; Acts 2008, No. 717, §1; Acts 2009, No. 14, §1; Acts 2010, No. 398, §1; Acts 2010, No. 568, §1; Acts 2010, No. 950, §1; Redesignated from R.S. 40:1299.39 by HCR 84 of 2015 R.S.; Acts 2015, No. 323, §1; Acts 2017, No. 369, §4; Acts 2018, No. 206, §4; Acts 2020, No. 201, §1; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

##### **§ 40:1237.2** State medical review panel {#sec-40-1237.2 omnilex-key=us-la-statutes--rs-title-40--40:1237.2}

A.(1)(a) All malpractice claims against the state, its agencies, or other persons
covered by this Part, other than claims subject to administrative review in a correctional
facility in accordance with R.S. 40:1237.1(E) and claims compromised or settled by the
claimant and the division of administration with the concurrence of designated legal counsel
for the state, shall be reviewed by a state medical review panel established as provided in this
Section, to be administered by the commissioner of administration, hereinafter referred to
as commissioner. The filing of a request for review by a state medical review panel as
provided for in this Section shall not be reportable by any health care provider or any other
entity to the Louisiana State Board of Medical Examiners, to any licensing authority,
committee, or board of any other state, or to any credentialing or similar agency, committee,
or board of any clinic, hospital, health insurer, or managed care company.

(b) A request for review of a malpractice claim or malpractice complaint shall
contain, at a minimum, all of the following:

(i) A request for the formation of a medical review panel.

(ii) The name of only one patient for whom, or on whose behalf, the request for
review is being filed; however, if the claim involves the care of a pregnant mother and her
unborn child, then naming the mother as the patient shall be sufficient.

(iii) The names of the claimants.

(iv) The names of defendant state health care providers.

(v) The dates of the alleged malpractice.

(vi) A brief description of the alleged malpractice as to each named defendant state
health care provider.

(vii) A brief description of alleged injuries.

(c) A claimant shall have forty-five days from the date of receipt by the claimant of
the confirmation of receipt of the request for review in accordance with Subparagraph (3)(a)
of this Subsection to pay to the commissioner a filing fee in the amount of one hundred
dollars per named defendant state health care provider.

(d) Such filing fee may be waived only upon receipt by the division of administration
of one of the following:

(i) An affidavit of a physician holding a valid and unrestricted license to practice his
specialty in the state of his residence certifying that adequate medical records have been
obtained and reviewed and that the allegations of malpractice against each defendant state
health care provider named in the claim constitute a claim of a breach of the applicable
standard of care as to each named defendant state health care provider.

(ii) An in forma pauperis ruling issued in accordance with Code of Civil Procedure
Article 5181 et seq. by a district court in a venue in which the malpractice claim could
properly be brought upon the conclusion of the medical review panel process.

(e) Failure to comply with the provisions of Subparagraph (c) or (d) of this Paragraph
within the specified time frame in Subparagraph (c) of this Paragraph shall render the request
for review of a malpractice claim invalid and without effect. Such an invalid request for
review of a malpractice claim shall not suspend the time within which suit must be instituted
in Subparagraph (2)(a) of this Subsection.

(f) All funds generated by such filing fees shall be applied to the costs of the division
of administration incurred in the administration of claims.

(2)(a) The filing of the request for a review of a claim shall suspend the time within
which suit must be instituted, in accordance with this Part, until ninety days following
notification, by certified mail, as provided in Subsection J of this Section, to the claimant or
his attorney of the issuance of the opinion by the state medical review panel, in the case of
the state or persons covered by this Part, or, in the case of a health care provider against
whom a claim has been filed under the provisions of this Part who has not qualified under
this Part, until ninety days following notification by certified mail to the claimant or his
attorney by the commissioner that after requesting evidence of such qualifications under this
Part and waiting the passage of at least ninety days, the commissioner has not received a
certificate or other evidence sufficient to establish that the person is covered by this Part.
The filing of a request for review of a claim shall suspend the running of prescription against
all joint or solidary obligors, including but not limited to health care providers, both qualified
and not qualified, to the same extent that prescription is suspended against the party or
parties that are subject of the request for review. Filing a request for review of a malpractice
claim required by this Section with any agency or entity other than the division of
administration shall not suspend or interrupt the running of prescription.

(b)(i) The request for review of the claim under this Section shall be deemed filed
on the date the request is:

(aa) Sent, if the request is electronically sent by facsimile transmission or other
authorized means, as provided by R.S. 9:2615(A), to the division of administration.

(bb) Mailed, if the request is delivered by certified or registered mail to the division
of administration.

(cc) Received, if the request is delivered to the division of administration by any
means other than as provided by Subitem (aa) or (bb) of this Item.

(ii) Upon receipt, the request shall be stamped with the filing date and certified by
the division of administration. Filing of the request shall be complete only upon timely
compliance with the provisions of Subparagraph (1)(c) or (d) of this Subsection.

(c) An attorney chairman for the state medical review panel shall be appointed within
one year from the date the request for review of the claim was filed. Upon appointment of
the attorney chairman, the parties shall notify the commissioner of the name and address of
the attorney chairman. If the commissioner has not received notice of the appointment of an
attorney chairman within nine months from the date the request for review of the claim was
filed, then the commissioner shall send notice to the parties by certified or registered mail
that the claim will be dismissed in ninety days unless an attorney chairman is appointed
within one year from the date the request for review of the claim was filed. If the
commissioner has not received notice of the appointment of an attorney chairman within one
year from the date the request for review of the claim was filed, then the commissioner shall
promptly send notice to the parties by certified or registered mail that the claim has been
dismissed for failure to appoint an attorney chairman and the parties shall be deemed to have
waived the use of the state medical review panel. The filing of a request for a medical
review panel shall suspend the time within which suit must be filed until ninety days after
the claim has been dismissed in accordance with this Section.

(3) It shall be the duty of the commissioner, within thirty days of the receipt of the
claim, to:

(a) Confirm to the claimant by certified mail, return receipt requested, that the filing
has been officially received and whether or not the named defendant or defendants have as
yet qualified under this Part.

(b) In the confirmation to the claimant pursuant to Subparagraph (a) of this
Paragraph, notify the claimant of the amount of the filing fee due and the time frame within
which such fee is due to the commissioner, and that upon failure to timely comply with the
provisions of Subparagraph (1)(c) or (d) of this Subsection the request for review of a
malpractice claim is invalid and without effect and that the request shall not suspend the time
within which suit must be instituted in Subparagraph (2)(a) of this Subsection.

(c) Notify all named defendants, whether or not qualified under the provisions of this
Part, that a filing has been made against them and request made for the formation of a state
medical review panel; and forward a copy of the proposed complaint to each named
defendant at his last and usual place of residence or his office and to the legal section and
secretary of each agency named as a defendant. The notification shall request that each
defendant who is a person covered by this Part present to the commissioner, within ninety
days from the date of such notification, a certificate of employment or appointment or other
evidence and proof sufficient to establish his qualification as a person covered by this Part.

(4) The commissioner shall notify the claimant and all named defendants by certified
mail, return receipt requested, of any of the following information:

(a) The date of receipt of the filing fee.

(b) That no filing was due because the claimant timely provided the affidavit set
forth in Item (1)(d)(i) of this Subsection.

(c) That the claimant has timely complied with the provisions of Item (1)(d)(ii) of
this Subsection.

(d) That the required filing fee was not timely paid pursuant to Subparagraph (1)(c)
of this Subsection.

(5) In the event that the commissioner is unable to determine after forty-five days
from the date of mailing of the notification, whether notification by certified mail, return
receipt requested, provided for in Paragraphs (3) and (4) of this Subsection has been received
by the claimant, or the notification is not claimed or is returned undeliverable, the
commissioner shall provide such notification by regular first class mail, which date of
mailing shall have the effect of receipt of notice by certified mail for purposes of
Subparagraphs (1)(c) and (d) of this Subsection.

(6) In the event the commissioner receives a filing fee that was not timely paid
pursuant to Subparagraph (1)(c) of this Subsection, the commissioner shall return, or refund
the amount of, the filing fee to the claimant within thirty days of the date the commissioner
receives the untimely filing fee.

B.(1)(a)(i) No action against the state, its agencies, or a person covered by this Part,
or his insurer, may be commenced in any court before the claimant's complaint has been
presented to a state medical review panel established pursuant to this Section.

(ii) Each person covered by this Part who is a defendant shall, within ninety days
after the date of the notice from the commissioner that a complaint has been filed naming
such person as a defendant, cause a certificate of employment, appointment, or agency
covering him to be issued to the commissioner by the employing or contracting state
department or shall present other evidence and proof sufficient to qualify him as a person
covered by this Part with respect to the medical malpractice claim. Such certificates and
proof shall be admitted in evidence.

(b) If an opinion is not rendered by the panel within twelve months after the date of
notification of the selection of the attorney chairman by the commissioner to the selected
attorney and all other parties pursuant to Paragraph (C)(1) of this Section, suit may be
instituted against the state or a person covered by this Part. However, either party may
petition a court of competent jurisdiction for an order extending the twelve month period
provided in this Subsection for good cause shown. After the twelve month period provided
for in this Subsection or any court-ordered extension thereof, the state medical review panel
established to review the claimant's complaint shall be dissolved without the necessity of
obtaining a court order of dissolution.

(c) By agreement of both parties, the use of the state medical review panel may be
waived.

(2)(a) The state or a person against whom a claim has been filed under the provisions
of this Part may raise peremptory exceptions of no right of action pursuant to Code of Civil
Procedure Article 927 or any exceptions or defenses available pursuant to R.S. 9:5628 in a
court of competent jurisdiction and proper venue at any time without need for completion
of the review process by the state medical review panel.

(b) If the court finds that the claim had prescribed or otherwise was perempted prior
to being filed, the panel, if established, shall be dissolved upon the judgment becoming final.
If the court grants the peremptory exception of no right of action as to all claimants, the
panel, if established, shall be dissolved upon the judgment becoming final. If the court
grants the peremptory exception of no right of action as to less than all claimants, the
claimants as to whom the court granted the peremptory exception of no right of action shall
be prohibited from participating in the panel process as a claimant.

(3) Ninety days after the notification to all parties by certified mail by the attorney
chairman or the commissioner of the dissolution of the state medical review panel or ninety
days after the expiration of any court-ordered extension as authorized by Paragraph (1) of this
Subsection, the suspension of the running of prescription with respect to the state or person
shall cease.

C.(1) The state medical review panel shall consist of one attorney and three health
care providers who hold unlimited licenses to practice their profession in Louisiana. The
parties may agree on the attorney member of the state medical review panel. If no attorney
for or a representative of any health care provider named in the complaint has made an
appearance in the proceeding or made written contact with the attorney for the plaintiff
within forty-five days of the date of receipt of the notification to the health care provider and
the insurer that the required filing fee has been received by the commissioner or the patients
compensation board as required by Subparagraph (A)(1)(c) of this Section, the attorney for
the plaintiff may appoint the attorney member of the state medical review panel for the
purpose of convening the panel. Such notice to the health care provider and the insurer shall
be sent by registered or certified mail, return receipt requested. If no agreement can be
reached, then the attorney member of the state medical review panel shall be selected in the
following manner:

(a) The office of the clerk of the Louisiana Supreme Court, upon receipt of
notification from the commissioner, shall draw five names at random from the list of
attorneys who reside or maintain an office in the parish which would be proper venue for the
action in a court of law. The names of judges other than city court judges, magistrates,
district attorneys, and assistant district attorneys shall be excluded if drawn and new names
drawn in their place. After selection of the attorney names, the office of the clerk shall notify
the office of the commissioner of the names so selected. It shall be the duty of the office of
the commissioner to notify the parties of the attorney names from which the parties may
choose the attorney member of the panel within five days. If no agreement can be reached
within five days, the parties shall immediately initiate a procedure of selecting the attorney
by each striking two names alternately, with the claimant striking first and so advising the
state or the person covered by this Part of the name of the attorney so stricken; thereafter, the
state or the person covered by this Part and the claimant shall alternately strike until both
sides have stricken two names and the remaining name shall be the attorney member of the
panel. If either party fails to strike, the clerk shall strike for that party within five additional
days.

(b) After the striking, the office of the commissioner shall notify the attorney and all
other parties of the name of the selected attorney.

(2) The attorney shall act as chairman of the panel and in an advisory capacity but
shall have no vote. It is the duty of the chairman to expedite the selection of the other panel
members, to convene the panel, and to expedite the panel's review of the complaint. The
chairman shall establish a reasonable schedule for submission of evidence to the state
medical review panel but must allow sufficient time for the parties to make full and adequate
presentation of related facts and authorities within ninety days following selection of the
panel.

(3)(a) The claimant shall notify the attorney chairman and the named defendants of
his choice of a health care provider member of the state medical review panel within thirty
days of the date of certification of his filing by the commissioner.

(b) The named defendant shall then have fifteen days after notification by the
claimant of the claimant's choice of his health care provider panelist to name the defendant's
health care provider panelist.

(c) If either party fails to make a selection of health care provider panelist within the
time provided, the attorney chairman shall notify by certified mail the failing party to make
such selection within five days of the receipt of the notice.

(d) If no selection is made within the five day period, then the chairman shall make
the selection on behalf of the failing party. The two health care provider panel members
selected by the parties, or on their behalf, shall be notified by the chairman to select the third
health care provider panel member within fifteen days of their receipt of such notice.

(e) If the two health care provider panel members fail to make such selection within
the fifteen day period allowed, the chairman shall then make the selection of the third panel
member and thereby complete the panel.

(f) The qualification and selection of physician members of the state medical review
panel shall be as follows:

(i) All physicians who hold a license to practice medicine in the state of Louisiana
and who are engaged in the active practice of medicine in this state, whether in the teaching
profession or otherwise, shall be available for selection.

(ii) Each party to the claim may select one physician and upon selection the
physician shall serve.

(iii) When there are multiple claimants or defendants, there shall be only one
physician selected per side. The claimant, whether single or multiple, may select one
physician, and the defendant, whether single or multiple, may select one physician.

(iv) A panelist so selected and the attorney member selected in accordance with this
Subsection shall serve unless for good cause shown he is excused. To show good cause for
relief from serving, the panelist shall present an affidavit to a judge of a court of competent
jurisdiction and proper venue which shall set out the facts showing that service would
constitute an unreasonable burden or undue hardship. A health care provider panelist may
also be excused from serving by the attorney chairman if during the previous twelve month
period he has been appointed to four other medical review panels. In either event, a
replacement panelist shall be selected within fifteen days in the same manner as the excused
panelist.

(v) If there is only one party defendant or person charged with malpractice other than
a hospital, all panelists except the attorney shall be from the same class and speciality of
practice of health care provider as the defendant or person. If there is only one party
defendant which is a hospital, all panelists except the attorney shall be physicians whose
specialty shall be the same as the specialty of the hospital department wherein the alleged
malpractice occurred. If there are claims against multiple defendants, one or more of whom
are health care providers other than a hospital, the panelists selected in accordance with this
Subsection shall be selected from health care providers who are from the same class and
speciality of practice of health care providers as are any of the defendants other than a
hospital, except that when one of such defendants is a physician, the panelists shall have the
minimum qualifications of also being physicians and when none of such defendants are a
physician or a hospital but at least one of such defendants is a registered nurse, the panelists
shall have the minimum qualifications of also being registered nurses.

(4) When the state medical review panel is formed, the chairman shall within five
days notify the commissioner and the parties by registered or certified mail of the names and
addresses of the panel members and the date on which the last member was selected.

(5)(a) Before entering upon their duties, each voting panelist shall subscribe before
a notary public the following oath:

"I, (name), do solemnly swear (or affirm) that I will faithfully perform the duties of
state medical review panel member to the best of my ability and without partiality or
favoritism of any kind. I acknowledge that I represent neither side and that it is my lawful
duty to serve with complete impartiality and to render a decision in accordance with law and
the evidence."

(b) The attorney panel member shall subscribe to the same oath except that in lieu
of the last sentence thereof the attorney's oath shall state:

"I acknowledge that I represent neither side and that it is my lawful duty to advise the
panel members concerning matters of law and procedure and to serve as chairman."

(c) The original of each oath shall be attached to the opinion rendered by the panel.

(6) Any party aggrieved by the alleged failure or refusal of another to perform
according to the provisions of this Section may petition any district court of proper venue as
to the party for an order directing that the party comply with the state medical review panel
provisions.

(7) A panelist or a representative or an attorney for any interested party shall not
discuss with other members of a state medical review panel on which he serves a claim
which is to be reviewed by the panel until all evidence to be considered by the panel has been
submitted. A panelist or a representative or an attorney for any interested party shall not
discuss the pending claim with the claimant or his attorney asserting the claim or with a state
health care provider or his attorney against whom a claim has been asserted under this
Section. A panelist or the attorney chairman shall disclose in writing to the parties prior to
the hearing any employment relationship or financial relationship with the claimant, the state
health care provider against whom a claim is asserted, or the attorneys representing the
claimant or state health care provider, or any other relationship that might give rise to a
conflict of interest for the panelists.

D.(1) The evidence to be considered by the state medical review panel shall be
promptly submitted by the respective parties in written form only.

(2) The evidence may consist of medical charts, x-rays, lab tests, excerpts of
treatises, depositions of witnesses including parties, interrogatories, affidavits and reports of
medical experts, and any other form of evidence allowable by the state medical review panel.

(3) Depositions of the parties and witnesses may be taken prior to the convening of
the panel.

(4) Upon request of any party, or upon request of any two panel members, the clerk
of any district court shall issue subpoenas and subpoenas duces tecum in aid of the taking of
depositions and the production of documentary evidence for inspection or copying, or both.

(5) The chairman of the panel shall advise the panel relative to any legal question
involved in the review proceeding and shall prepare the opinion of the panel as provided in
Subsection G of this Section.

(6) A copy of the evidence shall be sent to each member of the panel.

E. Either party, after submission of all evidence and upon ten days notice to the other
side, may convene the panel at a time and place agreeable to the members of the panel.
Either party may question the panel concerning any matters relevant to issues to be decided
by the panel before the issuance of their report. The chairman of the panel shall preside at
all meetings. Meetings shall be informal.

F. The panel shall request and procure all necessary information. The panel may
consult with medical authorities, provided the names of such authorities are submitted to the
parties with a synopsis of their opinions and provided further that the parties may then obtain
their testimony by deposition. The panel may examine reports of such other health care
providers necessary to fully inform itself regarding the issue to be decided. Both parties shall
have full access to any material submitted to the panel.

G. The panel shall have the sole duty to express its expert opinion as to whether or
not the evidence supports the conclusion that the defendant or defendants acted or failed to
act within the appropriate standards of care as charged in the complaint. After reviewing all
evidence and after any examination of the panel by counsel representing either party, the
panel shall, within thirty days, render one or more of the following expert opinions which
shall be in writing and signed by the panelists, together with written reasons supporting each
opinion, which shall constitute part of the report:

(1) The evidence does not support the conclusion that the defendant or defendants
failed to comply with the appropriate standard of care as charged in the complaint.

(2) The evidence does support the conclusion that the defendant or defendants failed
to meet the applicable standard of care as charged in the complaint. If such opinion is
rendered, then an opinion on whether the conduct complained of was or was not, in fact, a
medical cause of the resultant damages shall also be rendered. If an opinion is rendered that
such conduct was, in fact, a medical cause of the resultant damages, then an opinion shall be
rendered on whether the plaintiff suffered:

(a) Any disability and the extent and duration of the disability.

(b) Any permanent impairment and the percentage of the impairment.

(3) There is a material issue of fact, not requiring medical or health care expert
opinion, bearing on liability for consideration by the court.

H. Any report of the expert opinion reached by the state medical review panel shall
be admissible as evidence in any action subsequently brought by the claimant in a court of
law, but such expert opinion shall not be conclusive and either party may call, at his cost, any
member of the state medical review panel as a witness. If called, the witness shall appear
and testify. A panelist shall have absolute immunity from civil liability for all
communications, findings, opinions, and conclusions made in the course and scope of duties
prescribed by this Part.

I.(1) Each physician member of the state medical review panel shall be paid at the
same compensation rate as that paid physician members of private sector medical review
panels for all work performed as a member of the panel, exclusive of time involved if called
as a witness to testify in a court of law regarding the communications, findings, and
conclusions made in the course and scope of duties as a member of the state medical review
panel, and in addition thereto, reasonable travel expenses.

(2) The attorney chairman of the state medical review panel shall be paid at the same
compensation rate as the paid attorney chairmen of private sector medical review panels for
all work performed as a member of the panel, exclusive of time involved if called as a
witness to testify in a court of law regarding the communications, findings, and conclusions
made in the course and scope of duties as a member of the state medical review panel, and
in addition thereto, reasonable travel expenses.

(3)(a) The costs of the state medical review panel shall be paid by the division of
administration if the opinion of the medical review panel is in favor of the defendant state
or person covered by this Part.

(b) In a medical malpractice suit filed by the claimant in which a unanimous opinion
was rendered in favor of the defendant state or person covered by this Part as provided in the
expert opinion stated in Paragraph (G)(1) of this Section, the claimant who proceeds to file
such a suit shall be required to post a cash or surety bond, approved by the court, in the
amount of all costs of the state medical review panel. Upon the conclusion of the medical
malpractice suit, the court shall order that the cash or surety bond be forfeited to the division
of administration for reimbursement of the costs of the state medical review panel, unless a
final judgment is rendered finding the defendant state or person covered by this Part liable
to the claimant for any damages. If a final judgment is rendered finding the defendant state
or person covered by this Part liable to the claimant for any damages, the court shall order
that the defendant state or person covered by this Part reimburse the claimant an amount
equal to the cost of obtaining the cash or surety bond posted by the claimant.

(4)(a) The claimant shall pay the costs of the state medical review panel if the
opinion of the state medical review panel is in favor of the claimant. However, if the
claimant is unable to pay, the claimant shall submit to the attorney chairman prior to the
convening of the state medical review panel an in forma pauperis ruling issued in accordance
with Code of Civil Procedure Article 5181 et seq. by a district court in a venue in which the
malpractice claim could properly be brought upon the conclusion of the state medical review
panel process. Upon timely receipt of the in forma pauperis ruling, the costs of the state
medical review panel shall be paid by the division of administration, with the proviso that
if the claimant subsequently receives a settlement or receives a judgment, the advance
payment of the state medical review panel costs shall be reimbursed by him to the state.

(b) In the event a state medical review panel renders a unanimous opinion in favor
of the claimant as provided in the expert opinions stated in Paragraph (G)(1) of this Section,
and the claimant has not timely submitted an in forma pauperis ruling to the panel's attorney
chairman, and thereafter the defendant state or person covered by this Part failed to settle the
claim with the claimant resulting in the claimant filing a malpractice suit in a court of
competent jurisdiction and proper venue against the defendant state or person covered by this
Part based on the same claim which was the subject of the unanimously adverse medical
review panel opinion against the defendant state or person covered by this Part, the defendant
state or person covered by this Part shall not be required to post a cash or surety bond in the
amount of all costs of the state medical review panel. However, upon the conclusion of the
medical malpractice suit, the court shall order that the defendant state or person covered by
this Part reimburse to the claimant the costs of the state medical review panel unless a final
judgment is rendered finding that the defendant state or person covered by this Part has no
liability for damages to the claimant.

(5) If the state medical review panel decides that there is a material issue of fact
bearing on liability for consideration by the court, the claimant and the state shall split the
costs of the state medical review panel. However, in those instances in which the claimant
is unable to pay his share of the costs of the state medical review panel, the claimant shall
submit to the attorney chairman prior to the convening of the state medical review panel an
in forma pauperis ruling issued in accordance with Code of Civil Procedure Article 5181 et
seq. by a district court in a venue in which the malpractice claim could properly be brought
upon the conclusion of the state medical review panel process. Upon timely receipt of the
in forma pauperis ruling, the costs of the state medical review panel shall be paid by the state
with the proviso that if the claimant subsequently receives a settlement or receives a
judgment, the advance payment of the claimant's share of the costs of the state medical
review panel shall be reimbursed by him to the state.

(6) Upon rendering of the written panel opinion, if any one of the panelists finds that
the evidence supports the conclusion that a defendant state health care provider failed to
comply with the appropriate standard of care as charged in the complaint, the division of
administration on behalf of each defendant state health care provider as to whom such a
determination was made shall reimburse to the claimant that portion of the filing fee
applicable to the claim against such defendant state health care provider or if any one of the
panelists finds that the evidence supports the conclusion that there is a material issue of fact,
not requiring expert opinion, bearing on liability of such defendant state health care provider
for consideration by the court, the division of administration on behalf of each such
defendant state health care provider as to whom such a determination was made shall
reimburse to the claimant fifty percent of that portion of the filing fee applicable to the claims
against such defendant state health care provider.

J. The chairman shall submit a copy of the panel's report to the commissioner and
all parties and attorneys by registered or certified mail within five days after the panel renders
its opinion.

K. Legal interest on a judgment rendered by a court in a suit for medical malpractice
brought after compliance with this Part will accrue as determined by R.S. 13:5112(C). For
the purpose of the determination of interest, the medical malpractice panel procedure shall
be considered equivalent to court procedures.

*Acts 1986, No. 965, §1, eff. July 14, 1986; Acts 1988, No. 786, §1; Acts 1991, No. 661, §1; Acts 1992, No. 107, §1; Acts 1997, No. 664, §1; Acts 1999, No. 610, §1; Acts 2003, No. 644, §1; Acts 2003, No. 961, §1; Acts 2003, No. 1263, §1, eff. July 7, 2003; Acts 2004, No. 306, §1; Acts 2004, No. 311, §1; Acts 2005, No. 127, §1; Acts 2010, No. 398, §1; Acts 2012, No. 802, §1; Redesignated from R.S. 40:1299.39.1 by HCR 84 of 2015 R.S.; Acts 2016, No. 275, §1; Acts 2017, No. 294, §1; Acts 2022, No. 162, §2; Acts 2023, No. 5, §2.*

##### **§ 40:1237.3** Medical review panel; one panel for state and private claims {#sec-40-1237.3 omnilex-key=us-la-statutes--rs-title-40--40:1237.3}

The following provisions shall apply when, for the same injury to or death of a
patient, a malpractice claim alleges liability of both a state health care provider under the
provisions of this Part and a health care provider under the provisions of Part I of this
Subchapter:

(1) Unless all parties have agreed otherwise, only one medical review panel shall be
convened in such instance to review the claims under this Part and Part I of this Subchapter.

(2) The panel shall consist of a single attorney chairperson and three health care
providers who hold unlimited licenses to practice their profession in Louisiana.

(3) The panel shall be considered a joint medical review panel, and its actions shall
be deemed to have the same force and effect as if a separate medical review panel had been
convened under each of the respective Parts.

(4) The panel shall be governed by the law applicable under both Parts. In the event
of a procedural conflict between the provisions of the Parts, the provisions of R.S. 40:1231.8
shall govern.

*Acts 2004, No. 183, §1, eff. June 10, 2004; Redesignated from R.S. 40:1299.39.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1237.4** Emergency/Disaster Medicine Review Panel; establishment; review process {#sec-40-1237.4 omnilex-key=us-la-statutes--rs-title-40--40:1237.4}

A. The following panel review process is established to review health care services
of medical personnel, as defined in R.S. 37:1731, during a declared state of emergency,
disaster, or public health emergency.

B. An Emergency/Disaster Medicine Review Panel (hereinafter referred to in this
Section as "panel") shall consist of three members and shall include all of the following:

(1) The coroner in the parish where the health care services were rendered, or if
unavailable, his designee with a medical license from the state of Louisiana, or alternatively,
a coroner with a medical license selected from the Louisiana Coroner's Association. The
coroner shall act as its chairperson and preside over the panel.

(2) A member of the Louisiana State Medical Society selected by the Louisiana State
Medical Society if the respondent is a physician, or a member of the Louisiana State Nurse's
Association if the respondent is a nurse, or a member of a peer organization supervising any
other respondent medical personnel. Such organization should be prepared to designate a
member within thirty days of any such emergency or disaster and provide a panel member
within ten days of the prosecuting authority's referral of the matter to the coroner.

(3) One member appointed by the governor with expertise in disaster medicine or,
if unavailable, within the time required to form the panel, such an expert selected by the
other two members of the panel.

C. Prior to the institution of criminal prosecution for acts arising out of the rendering
of or failing to render health care services during a state of disaster, medical emergency, or
public health emergency, the district attorney or the attorney general, whichever is the
prosecuting agency, may refer in confidence those portions of the investigative file to the
panel created for a peer review of the clinical judgment of the respondent physician, nurse,
or other medical personnel to determine whether the respondent's judgment was exercised
in good faith given the circumstances under which such judgment was rendered.

D. Emergency/disaster medicine review process

(1) The panel shall provide an opportunity to the respondent physician, nurse, or
other member of the medical profession to set forth, in writing, the respondent's position with
regard to the clinical judgment rendered, including any expert opinion on the matter subject
to investigation.

(2) The panel shall have the right and duty to request and procure all necessary
information regarding the care rendered. The panel may consult with medical authorities and
others to become fully informed regarding the issues to be decided. The panel may subpoena
medical records consistent with federal and state laws for patient privacy, and any such
records shall remain confidential.

(3) The panel shall have as its sole duty to express its expert opinion as to whether
or not scientific reliable evidence supports the conclusion that the respondent's or
respondents' exercise of clinical judgment was in good faith given the circumstances under
which the judgment was rendered.

(4) The panel shall render one or more of the following expert opinions which shall
be in writing and signed by the members of the panel, together with written reasons for their
conclusions.

(a) The evidence supports the conclusion that the respondent medical personnel
exercised good faith clinical judgment given the circumstances under which judgment was
rendered.

(b) The evidence does not support the conclusion that the respondent medical
personnel exercised good faith clinical judgment under the circumstances under which such
judgment was rendered.

(c) There exists a material issue of fact, not requiring expert opinion, bearing on
whether the respondent exercised good faith clinical judgment under the circumstances under
which such judgment was rendered.

(5) The panel opinion shall be advisory only and shall be submitted in confidence
to the prosecutorial authority and the respondent medical personnel.

(6) Upon receipt of the advisory opinion from the panel, the prosecuting authority,
after giving due consideration to the panel opinion, may proceed in accordance with the
United States Constitution and constitution and laws of this state to prosecute conduct which,
in the prosecuting authority's sole discretion, is deemed actionable.

(7) Other procedures for the panel process and opinion shall be similar to the panel
process for civil proceedings provided in R.S. 40:1237.2 et seq. but shall be confidential as
provided in Subsection F of this Section.

(a) The panel members shall take the oath provided for in R.S. 40:1237.2(C)(5)(a)
and (c).

(b) The panel deliberations shall be governed by the provisions of R.S.
40:1237.2(C)(7).

(c) Qualification of physicians/medical personnel shall be the same as R.S.
40:1237.2(C)(3)(f).

(d) Costs of the panel shall be paid by the division of administration and
compensation for panel members shall be the same as R.S. 40:1237.2(I)(1).

(e) Evidence to be considered shall be the same as R.S. 40:1237.2(D)(1), (2), (5), and
(6) except that no depositions may be set or utilized during this process.

(8) The procedures for the review shall be on an expedited basis.

(a) The district attorney or attorney general may refer, in confidence, the matter to
the coroner who will chair and activate the panel within ten days of the receipt of the
investigative file. Upon referral to the coroner, the prosecuting authority shall notify the
governor and the respective medical peer organization of the need for the appointment of a
panel member.

(b) After the formation of the panel, the respondent medical personnel shall be given
fifteen days notice in order to provide an opportunity for a written response to the matter
under investigation. The chair may grant the respondent medical personnel an extension of
time for good cause.

(c) The panel shall render an opinion within ninety days of the referral, with one
extension of thirty days at the panel's option. The panel opinion shall be submitted in
confidence to the prosecuting authority and the respondent medical personnel within five
days of the panel rendering its opinion.

(d) If the panel has been unable to act within one hundred twenty days of referral, the
prosecuting authority may withdraw the referral of the matter or in writing extend to a
reasonable specified date the time for the panel to render its opinion.

(9) The prescriptive period for prosecution shall be suspended from the time period
of the prosecuting authority's referral to the coroner until such time as the panel opinion has
been rendered or the expiration of the one hundred twenty days or the specific date provided
for in Subparagraph (8)(d) of this Subsection.

E. The prosecuting authority shall refrain from arresting a respondent until such time
as the panel created by this Section has concluded its review, and an advisory opinion has
been received by the prosecuting authority, except where there is probable cause to believe
the respondent is a risk of flight or delay will adversely affect the investigation.

F. The panel review process and panel opinion shall remain confidential and shall
not be utilized in subsequent civil or criminal proceedings unless by orders of the court. The
respondent medical personnel and the prosecuting authority may agree to the public
disclosure of the panel opinion if it is in the public interest.

G. For purposes of this Section, the following words shall have the following
meanings:

(1) "During a declared state of emergency or public health emergency" means during
the period of time set forth in a declaration of the governor as provided in R.S. 29:724 or 766
and shall include the time period as set forth in the declaration and shall also be retroactive
to the precipitating event requiring the declaration of disaster or public emergency.

(2) "Health care services" means any act of diagnosis, treatment, medical evaluation,
or advice or such other acts as may be permissible under the applicable health care licensing
provisions of the state of Louisiana.

(3) "Medical personnel" means any individual or person subject to the provisions of
R.S. 37:1731, regardless of compensation.

(4) "Scientific reliable evidence" means evidence that will meet the criteria for use
of expert evidence as set forth by the United States Supreme Court in *Daubert vs. Merrell Dow Pharmaceuticals* , 509 U.S. 579, 113 S.Ct. 2786 (1993).

*Acts 2008, No. 758, §2; Redesignated from R.S. 40:1299.39.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1238** Redesignated to R.S. 40:1060.12 by HCR 84 of 2015 R.S. {#sec-40-1238 omnilex-key=us-la-statutes--rs-title-40--40:1238}

*Redesignated to R.S. 40:1060.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1238.1** Redesignated to R.S. 40:1060.13 by HCR 84 of 2015 R.S. {#sec-40-1238.1 omnilex-key=us-la-statutes--rs-title-40--40:1238.1}

*Redesignated to R.S. 40:1060.13 by HCR 84 of 2015 R.S.*

##### **§ 40:1238.2** Redesignated to R.S. 40:1060.14 by HCR 84 of 2015 R.S. {#sec-40-1238.2 omnilex-key=us-la-statutes--rs-title-40--40:1238.2}

*Redesignated to R.S. 40:1060.14 by HCR 84 of 2015 R.S.*

##### **§ 40:1238.3** Redesignated to R.S. 40:1060.15 by HCR 84 of 2015 R.S. {#sec-40-1238.3 omnilex-key=us-la-statutes--rs-title-40--40:1238.3}

*Redesignated to R.S. 40:1060.15 by HCR 84 of 2015 R.S.*

##### **§ 40:1238.4** Redesignated to R.S. 40:1060.16 by HCR 84 of 2015 R.S. {#sec-40-1238.4 omnilex-key=us-la-statutes--rs-title-40--40:1238.4}

*Redesignated to R.S. 40:1060.16 by HCR 84 of 2015 R.S.*

##### **§ 40:1239** Redesignated to R.S. 40:1060.21 by HCR 84 of 2015 R.S. {#sec-40-1239 omnilex-key=us-la-statutes--rs-title-40--40:1239}

*Redesignated to R.S. 40:1060.21 by HCR 84 of 2015 R.S.*

### **CHAPTER 5-E** HEALTH PROVISIONS: MEDICAL ASSISTANCE PROGRAM (MEDICAID)

#### **PART I** HEALTH SERVICES FINANCING

#### **SUBPART A** HOSPITAL PROSPECTIVE REIMBURSEMENT METHODOLOGY

##### **§ 40:1241** Hospital prospective reimbursement methodology {#sec-40-1241 omnilex-key=us-la-statutes--rs-title-40--40:1241}

A. Notwithstanding any provisions of the Louisiana Administrative Code or any
contrary provision of any other law or regulation, for the purpose of the hospital prospective
reimbursement methodology and temporary licensure of international medical graduates, the
Louisiana Medical Assistance Program's recognition of a major teaching hospital is limited
to facilities having a documented affiliation agreement with a Louisiana medical school
accredited by the Liaison Committee on Medical Education or the Commission on
Osteopathic College Accreditation.

B. A major teaching hospital shall meet one of the following criteria:

(1) Be a major participant in at least four approved medical residency programs of
which at least two of the programs shall be in medicine, surgery, obstetrics and gynecology,
pediatrics, family practice, emergency medicine, or psychiatry.

(2) Maintain an intern and resident full-time equivalency of at least twenty filled
positions with an approved medical residency program in family practice located more than
one hundred fifty miles from the medical school accredited by the Liaison Committee on
Medical Education.

C. For the purposes of this Subpart, "hospital prospective reimbursement
methodology" means a method of hospital reimbursement in which Medicaid payment is
made based on a predetermined, fixed amount.

NOTE: §1241 repealed effective only upon implementation of a diagnosis-related
group hospital payment methodology pursuant to an approved state plan amendment
by the Centers for Medicare and Medicaid Services.

*§1241. Repealed by Acts 2018, No. 234, §1.*

Acts 2009, No. 347, §1; Redesignated from R.S. 40:1300.291 by HCR 84 of 2015
R.S; Acts 2018, No. 234, §1; Acts 2022, No. 152, §1.

NOTE: Former R.S. 40:1241 redesignated to R.S. 40:1265.1 by HCR 84 of 2015
R.S.

#### **SUBPART A-1** UNCOMPENSATED CARE HOSPITAL PAYMENTS

##### **§ 40:1242** Uncompensated Care Hospital Payments {#sec-40-1242 omnilex-key=us-la-statutes--rs-title-40--40:1242}

A.(1) The Louisiana Department of Health shall specify in the Medicaid State Plan
how uncompensated care is defined and calculated and shall determine what facilities qualify
for uncompensated care payments and the amount of the payments. In determining payments
as provided in this Subsection, the department shall prioritize local access to care and shall
distribute uncompensated care payments in proportion to the amount and type of
uncompensated care reported by all qualified facilities as required by rule and as allocated
in appropriations to the medical vendor payments program. The secretary shall require, as
a condition of payment of uncompensated care costs provided pursuant to this Subsection,
that all state and nonstate hospitals, excluding rural hospitals included in the Rural Hospital
Preservation Act and their provider-based rural health clinics, and other healthcare facilities
report to the department patient-specific Louisiana Medicaid universal billing revenue code
format data on the amount and type of uncompensated care provided and all requested data
on the amount and type of other services and activities financed by uncompensated care
payments. This data shall be reported electronically by each hospital or other facility on a
quarterly schedule as required by the department. The secretary shall provide, after the close
of each quarter, a detailed summary of reported information to the governor and the
legislature. Hospitals defined in the Rural Hospital Preservation Act shall continue to report
the data collected on the Louisiana Department of Health form "Schedule of Uncompensated
Care Cost" in accordance with the state plan as approved by the Centers for Medicare and
Medicaid Services. The secretary of the Louisiana Department of Health shall provide an
annual report of the submitted information and related payments to the governor and the
legislature and shall make such data available to the public on the department's website. In
addition, if a hospital or other healthcare facility does not provide the required
patient-specific data, the secretary of the department may withhold an amount equal to five
percent of Medicaid payments due that provider. Such withholding shall increase by five
percent for each successive month that the required data is not received, but the total amount
withheld shall not exceed twenty-five percent of the total monthly amount due the facility.
Upon receipt of the required data, the department shall pay the facility all amounts previously
withheld as a result of the failure to submit the required data. A hospital or other healthcare
facility subject to withholding pursuant to this Paragraph may request an administrative
review as provided by R.S. 46:437.4. The format of the data submission shall be defined as
the current mandated Louisiana Medicaid program format by the secretary of the department.

(2) Nothing in this Subsection shall be construed to impede or preclude the Louisiana
Department of Health from implementing the provisions of the Rural Hospital Preservation
Act.

B. The secretary of the Louisiana Department of Health shall, subject to approval
from the Centers for Medicare and Medicaid Services, amend the state Medicaid plan to
provide for Medicaid disproportionate share payments to hospitals operated by the LSU
Health Sciences Center-New Orleans under the provision of federal law that permits the
reimbursement of uncompensated cost up to one hundred seventy-five percent of allowable
cost.

Acts 2003, No. 906, §4, eff. July 1, 2003; Acts 2008, No. 540, §1; Acts 2022, No.
271, §§5, 9B; Redesignated from R.S. 46:2761.

NOTE: Former R.S. 40:1242 redesignated as R.S. 40:1265.2 by HCR 84 of 2015
R.S.

#### **SUBPART B** HEALTHCARE PROVIDERS UPPER PAYMENT LIMIT FINANCING METHODOLOGY

##### **§ 40:1243.1** Healthcare providers; upper payment limit {#sec-40-1243.1 omnilex-key=us-la-statutes--rs-title-40--40:1243.1}

A. Subject to appropriation, the Louisiana Department of Health may develop and
maintain a Medicaid upper payment limit financing methodology which incorporates any
healthcare provider licensed by the Louisiana Department of Health. The purpose of
developing an upper payment limit financing methodology is to enhance the delivery of
healthcare services to the uninsured and Medicaid patients. Any such upper payment limit
financing methodology shall be in accordance with federal law and subject to approval by
the Centers for Medicare and Medicaid Services.

B. The department may submit waivers or state plan amendments to the Centers for
Medicare and Medicaid Services in order to secure federal financial participation in relation
to any such upper payment limit financing methodology. Disbursements of monies generated
by the use of an upper payment limit methodology shall be made only in accordance with an
approved waiver or state plan amendment.

*Acts 2011, No. 310, §1, eff. June 28, 2011; Redesignated from R.S. 40:1300.331 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1243.2** Upper payment limit mechanism for outpatient behavioral health services for Medicaid recipients under the age of twenty-one {#sec-40-1243.2 omnilex-key=us-la-statutes--rs-title-40--40:1243.2}

A. The Louisiana Department of Health is authorized to seek approval from the
Centers for Medicare and Medicaid Services of a program designed to reimburse non-state,
governmental entities through the Medicaid program for outpatient behavioral health services
to Medicaid recipients under the age of twenty-one.

B. The Louisiana Department of Health may develop and maintain a Medicaid upper
payment limit financing methodology for the behavioral health services provided for in
Subsection A of this Section. The disbursements of monies generated by the use of an upper
payment limit methodology shall be made only in accordance with an approved waiver or
state plan amendment. The source of the non-federal match for these payments may only be
by voluntary certification of expenditures or intergovernmental transfer of funds.

*Acts 2012, No. 650, §1, eff. June 7, 2012; Redesignated from R.S. 40:1300.332 by HCR 84 of 2015 R.S.*

##### **§ 40:1243.3** Upper payment limit mechanism for ambulatory surgical centers {#sec-40-1243.3 omnilex-key=us-la-statutes--rs-title-40--40:1243.3}

A. The Louisiana Department of Health is authorized to seek approval from the
Centers for Medicare and Medicaid Services of a program designed to reimburse ambulatory
surgical centers that have an agreement with a governmental entity or entities to provide
enhanced Medicaid services.

B. The Louisiana Department of Health may develop and maintain a Medicaid upper
payment limit financing methodology for ambulatory surgical centers provided for in
Subsection A of this Section. The disbursements of money generated by the use of an upper
payment limit methodology shall be made only in accordance with an approved waiver or
state plan amendment. The source of the nonfederal match for these payments may only be
by voluntary certification of expenditures or intergovernmental transfer of funds.

*Acts 2014, No. 494, §1, eff. June 5, 2014; Redesignated from R.S. 40:1300.333 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

#### **SUBPART B-1** PHYSICIAN UPPER PAYMENT LIMIT METHODOLOGY

##### **§ 40:1244.1** Physician upper payment limit methodology {#sec-40-1244.1 omnilex-key=us-la-statutes--rs-title-40--40:1244.1}

The Louisiana Department of Health is hereby authorized to develop mechanisms to
support the continued operation of state-funded healthcare programs, specifically Medicaid,
through the utilization of physician upper payment limit reimbursement methodologies. Any
such methodology utilized shall be designed to continue access and delivery of healthcare
services to the poor. The implementation of this methodology shall be subject to federal law
and approval by the Centers for Medicare and Medicaid Services. Participation in the
utilization of physician upper payment limit reimbursement methodologies shall be limited
exclusively to hospitals which certify public expenditures to the state.

*Acts 2010, No. 434, §1, eff. June 22, 2010; Acts 2022, No. 271, §§5, 9C; Redesignated from R.S. 46:2891.*

#### **SUBPART C** INTERGOVERNMENTAL TRANSFERS

##### **§ 40:1245.1** Authority to accept and use intergovernmental transfers from local governing bodies {#sec-40-1245.1 omnilex-key=us-la-statutes--rs-title-40--40:1245.1}

A. The Louisiana Department of Health may accept intergovernmental transfers from
local governing bodies, including but not limited to a parish, for the purpose of enhancing
the delivery of health care services to the uninsured and Medicaid patients. Any such
transfer shall be in accordance with federal law and subject to approval by the Centers for
Medicare and Medicaid Services.

B. It is the intent of the legislation that any transfer authorized herein shall be
primarily utilized for the enhancement of health care within the jurisdiction of the
transferring entity. However, any such transfer shall be under the administrative control of
the Louisiana Department of Health.

C. The department may establish a methodology utilizing a pool, or pools, to
facilitate distribution of any transfers received in addition to any federal financial
participation earned through the use of such transfers, as authorized herein. The
methodology shall be created with the intent to maximize, to the fullest extent possible, the
return to the providers located within the jurisdiction of the local governing body from which
such transfer is derived. The department may create criteria for qualification to participate
in any pool methodology and establish criteria and priorities for reimbursement within the
respective pool. Any such criteria may include health care providers which reside outside
the jurisdiction of the transferring body.

D. The department may submit waivers or state plan amendments to the Centers for
Medicare and Medicaid Services in order to secure federal financial participation in relation
to any such payments or reimbursement. Payments shall be made only in accordance with
an approved waiver or state plan amendment.

E. The department and the transferring local governing body may enter into an
agreement, in accordance with state and federal law, concerning the use of transferred funds
in a way that is consistent with the legislative intent set forth herein.

*Acts 2009, No. 372, §1; Redesignated from R.S. 40:1300.301 by HCR 84 of 2015 R.S.*

#### **SUBPART D** PARISH AND MUNICIPAL ENTITIES

##### **§ 40:1247.1** Funding identification {#sec-40-1247.1 omnilex-key=us-la-statutes--rs-title-40--40:1247.1}

All parish and municipal entities are hereby authorized to identify funds received
from any source other than the state and to consult with the Louisiana Department of Health
in an effort to maximize revenues for both the Louisiana Department of Health and the parish
and municipal entities. Collaboration between the Louisiana Department of Health and the
parish and municipal entities may allow such entities to receive additional funding from
public and private sources. The provisions of this Subpart shall not be construed to require
any parish or municipal entity to enter into an agreement with the Louisiana Department of
Health.

*Acts 2012, No. 360, §1, eff. May 31, 2012; Redesignated from R.S. 40:1300.351 by HCR 84 of 2015 R.S.*

#### **SUBPART D-1** LOCAL HEALTHCARE PROVIDER PARTICIPATION PROGRAM

##### **§ 40:1248.1** Definitions {#sec-40-1248.1 omnilex-key=us-la-statutes--rs-title-40--40:1248.1}

As used in this Subpart, the following terms have the meaning ascribed to them in
this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Governmental institutional provider" means either of the following:

(a) A nonstate governmental hospital, licensed in accordance with the Hospital
Licensing Law, R.S. 40:2100 et seq., other than a rural hospital as defined in R.S. 40:1189.3.

(b) A hospital included in the definition of public, nonrural community hospital as
defined in the Louisiana Medicaid State Plan.

(3) "Institutional provider" means a governmental institutional provider,
nongovernmental institutional provider, or rural hospital, as applicable, located in
participating parishes.

(4) "Nongovernmental institutional provider" means a hospital licensed in
accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., that is not a governmental
institutional provider or rural hospital.

(5) "Paying hospital" means an institutional provider required by the provisions of
this Subpart to make a local hospital assessment payment.

(6) "Program" means the local healthcare provider participation program authorized
by this Subpart.

(7) "Rural hospital" means a rural hospital as defined in R.S. 40:1189.3.

*Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024.*

##### **§ 40:1248.2** Purpose {#sec-40-1248.2 omnilex-key=us-la-statutes--rs-title-40--40:1248.2}

The purpose of this Subpart is to generate revenue by collecting from certain
institutional providers a local hospital assessment payment to be used to provide the
nonfederal share of a Medicaid payment program directly benefitting the residents of a
parish.

*Acts 2020, No. 330, §1.*

##### **§ 40:1248.3** Applicability; multi-parish funding district {#sec-40-1248.3 omnilex-key=us-la-statutes--rs-title-40--40:1248.3}

A. The provisions of this Subpart shall apply to any parish.

B.(1) If a parish has fewer than two hospitals, the parish may join with one or more
contiguous parishes with fewer than two hospitals and create a multi-parish funding district,
which shall be a new governmental entity. The boundary of a multi-parish funding district
shall be coextensive with the combined boundaries of the parishes contained in the
multi-parish funding district. A multi-parish funding district shall be established by the
governing body of each parish within the boundaries of a proposed funding district passing
and adopting a resolution or ordinance establishing the multi-parish funding district and
appointing one representative to serve on the multi-parish funding district's governing body.
If any other parish seeks to join after the creation of the district, the resolution or ordinance
shall be amended before the new parish may join the district.

(2) The governing body of a multi-parish funding district shall be comprised solely
of the individuals appointed by each parish within the boundaries of the district. A parish
may replace its appointment to the governing body by resolution or ordinance.

(3) The governing body of a multi-parish funding district shall delegate the
operational and administrative burdens of the district to the parishes that comprise the
district. Within sixty days of the establishment of a multi-parish funding district, the
governing body shall designate at least one parish to serve as the operational and
administrative lead for the district. The governing body may change this designation at any
time.

(4) Solely for purposes of compliance with this Subpart, a multi-parish funding
district is considered to be a parish and the other provisions of this Subpart shall be read to
impose parish requirements on the governing body of the multi-parish funding district.

*Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024; Acts 2025, No. 196, §1, eff. June 8, 2025.*

##### **§ 40:1248.4** Parish healthcare provider participation program {#sec-40-1248.4 omnilex-key=us-la-statutes--rs-title-40--40:1248.4}

A. The legislature hereby creates a local healthcare provider participation program
through which a parish may deposit in a local provider participation fund established by the
parish all of the following monies:

(1) Any local hospital assessment payment from an institutional provider located in
the parish.

(2) Such other sums as the parish deems appropriate.

B. Monies in the provider participation fund may be used by the parish to fund
certain intergovernmental transfers and indigent care programs as provided by this Subpart.

C. A parish may adopt an ordinance authorizing it to participate in the program,
subject to the limitations provided in this Subpart.

D. Any parishes authorized by R.S. 40:1248.3 to establish a local provider
participation fund may, upon agreement of the governing authorities of each parish, establish
a single fund for the benefit of those parishes and a local hospital assessment applicable to
the institutional providers in those parishes.

*Acts 2020, No. 330, §1.*

##### **§ 40:1248.5** Powers and duties of parishes; limitations; inspection of provider records {#sec-40-1248.5 omnilex-key=us-la-statutes--rs-title-40--40:1248.5}

A. The governing body of a parish may require a local hospital assessment payment
authorized by this Subpart from an institutional provider in the parish. The requirement for
payment shall be implemented in the manner provided for in this Section.

B. A parish may authorize the collection of a local hospital assessment payment
authorized by this Subpart only with an affirmative vote of a majority of the members of the
governing body of the parish made at a regular or special meeting held no less than thirty
days following publication of a notice in the official journal of the parish of intention to
authorize the collection of such payment.

C.(1) A parish that collects a local hospital assessment payment authorized by this
Subpart shall require each institutional provider to submit to the parish a copy of any
financial and utilization data required by and reported to the department.

(2) A parish that collects a local hospital assessment payment authorized by this
Subpart may inspect the records of an institutional provider to the extent necessary to ensure
compliance with the requirements of Paragraph (1) of this Subsection.

D.(1) A rural hospital may be included in assessment payments imposed pursuant
to this Subpart if the rural hospital and parish enter into a mutual agreement to include the
rural hospital.

(2) A governmental hospital may be included in assessment payments imposed in
accordance with this Subpart if the governmental hospital and parish enter into a mutual
agreement to include the governmental hospital.

(3) If a parish excludes providers pursuant to this Subsection or otherwise, the
definition of institutional provider as used in this Section and in R.S. 40:1248.8 shall be read
to exclude such excluded providers, and, if necessary, the parish shall be required to work
with the department to obtain federal approvals to ensure compliance with 42 U.S.C.
1396b(w).

*Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024; Acts 2025, No. 196, §1, eff. June 8, 2025.*

##### **§ 40:1248.6** Public hearings {#sec-40-1248.6 omnilex-key=us-la-statutes--rs-title-40--40:1248.6}

A. Any parish that collects a local hospital assessment payment authorized by this
Subpart shall hold an annual public hearing on the amounts of any local hospital assessment
payments that the parish intends to require during the year and how the revenue derived from
those payments is to be spent.

B. Not later than the tenth day before the date of the hearing required by Subsection
A of this Section, the parish governing authority shall publish notice of the hearing in the
official journal of the parish. A representative of a paying hospital shall be entitled to appear
at the time and place designated in the public notice and to be heard regarding any matter
related to the local hospital assessment payments authorized by this Subpart.

*Acts 2020, No. 330, §1.*

##### **§ 40:1248.7** Local provider participation fund; authorized uses {#sec-40-1248.7 omnilex-key=us-la-statutes--rs-title-40--40:1248.7}

A. Each parish that collects a local hospital assessment payment authorized by this
Subpart shall create a local provider participation fund. All income received by a parish
pursuant to the provisions of this Subpart, including the revenue from local hospital
assessment payments remaining after discounts and fees for assessing and collecting the
payments are deducted, shall be deposited in the local provider participation fund of the
parish. Monies in the fund may be withdrawn only in accordance with and for purposes
specified in the provisions of this Section.

B. The local provider participation fund of a parish shall consist of the following
monies:

(1) All revenue received by the parish attributable to local hospital assessment
payments authorized by this Subpart, including any penalties and interest attributable to
delinquent payments.

(2) Monies received from the department as a refund of an intergovernmental
transfer from the parish to the state for the purpose of providing the nonfederal share of
Medicaid base rate payments, provided that the intergovernmental transfer does not receive
a federal matching payment.

(3) Sums which the parish elects to deposit.

(4) The earnings of the fund.

C. Monies in the local provider participation fund may be used only for one or more
of the following purposes:

(1) To fund intergovernmental transfers from a parish to the state to provide the
nonfederal share of a program of Medicaid payments for the benefit of hospitals in the parish.

(2) To pay the administrative expenses of a parish associated exclusively with
activities authorized by this Subpart in an amount not to exceed the amount specified in R.S.
40:1248.8.

(3) To refund a portion of a local hospital assessment payment collected in error
from a paying hospital.

(4) To refund to paying hospitals the proportionate share of money received by a
parish from the department that is not used to fund the nonfederal share of Medicaid payment
program payments described in Paragraph (1) of this Subsection.

D. Money in the local provider participation fund shall not be commingled with other
parish funds.

*Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024.*

##### **§ 40:1248.8** Local hospital assessment payments; basis; calculation {#sec-40-1248.8 omnilex-key=us-la-statutes--rs-title-40--40:1248.8}

A. Except as provided in Subsection E of this Section, a parish that collects a local
hospital assessment payment authorized by this Subpart may require an annual local hospital
assessment payment to be assessed quarterly using any basis permitted by 42 U.S.C.
1396b(w)(3). The parish shall update the amount of the local hospital assessment payment
on an annual basis.

B. The assessment authorized by this Subpart shall be imposed on each paying
hospital in the parish in accordance with 42 U.S.C. 1396b(w) including but not limited to 42
U.S.C. 1396b(w)(3)(E). In accordance with 42 U.S.C. 1396b(w), a local hospital assessment
payment authorized by this Subpart shall not hold harmless any institutional provider.

C. A parish that collects a local hospital assessment payment authorized by this
Subpart shall set the amount of the local hospital assessment payment. The amount of the
local hospital assessment payment required of paying hospitals may not exceed an amount
that, when added to the amounts of any other assessment, local hospital assessment payment,
or tax imposed by the state with a similar purpose, equals an amount of revenue that exceeds
six percent of the aggregate net patient revenue of all hospitals in the state. The local
hospital assessment shall also meet all other relevant Centers for Medicare and Medicaid
Services tests. No later than the twentieth day before a hearing to set a rate pursuant to R.S.
40:1248.6, a parish shall inform the department of the amount of revenue to be collected
under the proposed assessment. If the department determines that the proposed assessment
will trigger federal compliance issues, including issues with respect to the six-percent limit,
the department shall inform the parish, prior to the hearing, of any necessary reductions in
the amount to be collected or changes necessary to comply with federal requirements. If the
parish does not follow recommendations or requests from the department, the department
may terminate, or refuse to enter into, any intergovernmental transfer agreements with the
parish.

D. Subject to the maximum payment amount prescribed in Subsection C of this
Section, a parish that collects a local hospital assessment payment authorized by this Subpart
shall set local hospital assessment payments in amounts that, in the aggregate, will generate
sufficient revenue to cover the administrative expenses of the parish for activities provided
for in this Subpart and to fund the nonfederal share of a Medicaid payment for the benefit of
hospitals in the parish; except that the amount of revenue from local hospital assessment
payments used for administrative expenses of the parish for activities provided for in this
Subpart in a year, including collection services as provided for in R.S. 40:1248.9, shall be
one hundred fifty thousand dollars.

E. A paying hospital may not add a local hospital assessment payment required by
this Section as a surcharge to a patient.

*Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024; Acts 2025, No. 196, §1, eff. June 8, 2025.*

##### **§ 40:1248.9** Local hospital assessment payments; collection {#sec-40-1248.9 omnilex-key=us-la-statutes--rs-title-40--40:1248.9}

Unless the parish engages an appropriate collection entity, the parish shall collect the
local hospital assessment payment authorized by this Subpart. If a sheriff serves as the
collection entity, the sheriff may charge and deduct from local hospital assessment payments
a reasonable and customary fee for collecting those payments.

*Acts 2020, No. 330, §1; Acts 2025, No. 196, §1, eff. June 8, 2025.*

##### **§ 40:1248.10** Eligibility of funds for federal match; conformance with requirements of federal Medicaid agency {#sec-40-1248.10 omnilex-key=us-la-statutes--rs-title-40--40:1248.10}

To the extent that any provision of this Subpart or procedure established in
accordance with this Subpart causes a local hospital assessment payment authorized by this
Subpart to be ineligible for federal matching funds, the parish may provide by rule for an
alternative provision or procedure that conforms to the requirements of the Centers for
Medicare and Medicaid Services.

*Acts 2020, No. 330, §1.*

##### **§ 40:1248.11** Repealed by Acts 2024, No. 432, §2, eff. June 3, 2024. {#sec-40-1248.11 omnilex-key=us-la-statutes--rs-title-40--40:1248.11}

*Repealed by Acts 2024, No. 432, §2, eff. June 3, 2024.*

##### **§ 40:1248.12** Repealed by Acts 2024, No. 432, §2, eff. June 3, 2024. {#sec-40-1248.12 omnilex-key=us-la-statutes--rs-title-40--40:1248.12}

*Repealed by Acts 2024, No. 432, §2, eff. June 3, 2024.*

#### **SUBPART E** MEDICAID COVERAGE FOR CONTRACEPTIVES

##### **§ 40:1248.21** Dispensation of contraceptive drugs; six-month supply; coverage {#sec-40-1248.21 omnilex-key=us-la-statutes--rs-title-40--40:1248.21}

A. The Louisiana Department of Health shall require all Medicaid health plans
issued or renewed in this state on or after January 1, 2023, to include the dispensing of a
six-month supply of contraceptive drugs to be obtained at one time by the insured, unless the
insured requests a smaller supply or the prescribing provider instructs for the insured to
receive a smaller supply. The insured shall have used the same contraceptive drugs for at
least the consecutive six months prior to receiving a six-month supply. Contracts with
managed care plans shall allow the insured to receive onsite dispensing of the prescribed
contraceptive drugs at family practice clinics, if available. Dispensing practices shall follow
all licensing and clinical guidelines for appropriate prescribing and dispensing to ensure the
health of the insured while maximizing access to effective contraceptive drugs.

B. For purposes of this Section, "contraceptive drugs" means all drugs approved by
the United States Food and Drug Administration that are used to prevent pregnancy including
but not limited to hormonal drugs administered orally, transdermally, and intravaginally.

C. Nothing in this Section shall apply to any drug, medicine, or other substance
prescribed, dispensed, or distributed that is intended to induce an abortion.

*Acts 2022, No. 708, §1.*

#### **PART II** THE HOME- AND COMMUNITY-BASED LONG-TERM CARE ACT

##### **§ 40:1249.1** Legislative findings; purpose {#sec-40-1249.1 omnilex-key=us-la-statutes--rs-title-40--40:1249.1}

A. Repealed by Acts 2022, No. 271, §7.

B. Repealed by Acts 2022, No. 271, §7.

C. Despite the substantial financial commitment that the legislature has made to
provide home- and community-based long-term care services, many Louisiana residents are
still required to wait for years to receive the services they need.

*Acts 2010, No. 305, §1; Redesignated from R.S. 40:1300.321 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §7.*

##### **§ 40:1249.2** Definitions {#sec-40-1249.2 omnilex-key=us-la-statutes--rs-title-40--40:1249.2}

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) Repealed by Acts 2022, No. 271, §7.

(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 providing funding for medical care for the poor.

(3) "Elderly" means an individual who is sixty-five years of age or older.

(4) "Long-term care services" means the following services provided pursuant to
Louisiana's approved Medicaid state plan for medical assistance:

(a) Long-term personal care services.

(b) Adult day health care waiver services.

(c) Children's Choice Waiver services.

(d) Elderly and Disabled Adults Waiver services.

(e) New Opportunities Waiver services.

(f) Supports waiver services.

(5) "Person with a developmental disability" means an individual of any age who has
a developmental disability as defined in R.S. 28:451.2.

(6) "State plan for medical assistance" means the plan promulgated by the
department in accordance with its role as designated state agency under Title XIX of the
Social Security Act or any successor Act providing funding for medical care for the poor.

*Acts 2010, No. 305, §1; Redesignated from R.S. 40:1300.322 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §§4, 7.*

##### **§ 40:1249.3** Medical assistance programs {#sec-40-1249.3 omnilex-key=us-la-statutes--rs-title-40--40:1249.3}

A. The department shall adopt rules and regulations in accordance with the
Administrative Procedure Act with regards to the following:

(1) Taking actions necessary to complete implementation of the resource allocation
models for the New Opportunities Waiver, the Elderly and Disabled Adults Waiver, and the
Long-Term Personal Care Services program by July 1, 2012.

(2) Developing an objective formula to determine the staff needed to appropriately
regulate and monitor the various home- and community-based programs to control fraud and
abuse, to ensure program regulations are adhered to and services are delivered in a quality
manner, and to report the department's findings.

(3) Changing the policy on the allocation of waiver slots so that the office for
citizens with developmental disabilities and the office of aging and adult services may
allocate all Centers for Medicare and Medicaid Services-approved waivers, such as
Children's Choice, Supports, Residential Options and Adult Day Health Care, based upon
individual need and cost-effectiveness, as long as individual needs are met with the
alternative waivers.

(4) Developing and implementing a budget-neutral pilot program in selected areas
of the state for an integrated, coordinated, prepaid delivery model for long-term care services
for the elderly and people with adult-onset disabilities.

(5) Submitting quarterly reports, the first report being submitted no later than
October 1, 2010, to the House and Senate committees on health and welfare and the Joint
Legislative Committee on the Budget. Each report shall include:

(a) The number of recipients served in the Long-Term Personal Care Services
program, the Elderly and Disabled Adults Waiver program, and the New Opportunities
Waiver program, and the average annual cost per recipient served in each program.

(b) The number of recipients in each program whose annual cost of services exceeds
the average cost for that program.

(c) The number of recipients in each program whose annual service cost has
increased from the previous year.

(d) The number of persons on waiting lists for each program.

(e) The number of persons on waiting lists who are currently receiving services and
the type of services they are receiving.

(f) The number of persons moved from an existing service to the New Opportunities
Waiver and the additional cost or savings for each person.

(g) The average cost of persons receiving services from both the Long-Term Personal
Care Services program and the Elderly and Disabled Adults Waiver program.

(h) The average cost for persons receiving services in privately operated nursing
facilities and privately operated intermediate care facilities for persons with developmental
disabilities.

(i) The number of waiver recipients whose cost of care exceeds the average cost of
the services being waived.

(j) Other pertinent data as requested by the committees.

B. Repealed by Acts 2022, No. 252, §3.

*Acts 2010, No. 305, §1; Redesignated from R.S. 40:1300.323 by HCR 84 of 2015 R.S.; Acts 2022, No. 252, §3; Acts 2022, No. 271, §4.*

##### **§ 40:1249.4** Electronic visit verification system; implementation; conditions {#sec-40-1249.4 omnilex-key=us-la-statutes--rs-title-40--40:1249.4}

A. For purposes of this Section, "electronic visit verification system" means an
automated point-of-service verification system which electronically verifies that service visits
occur and documents the points in time when service provision begins and ends.

B. The legislature hereby finds that due to the significant potential of electronic visit
verification systems for improving care quality and containing medical assistance program
costs, notably through prevention of fraud, abuse, and billing errors, the implementation of
such systems in home- and community-based long-term care and other in-home service care
programs is in the best interest of this state.

C. To the maximum extent practicable, and subject to the conditions provided in
Subsection D of this Section, the department shall implement an electronic visit verification
system for all in-home care services that it funds through medical assistance programs.

D.(1) If the conditions of Paragraph (3) of this Subsection are satisfied, then the
department shall promulgate such rules in accordance with the Administrative Procedure Act
as are necessary to ensure optimal functioning of the electronic visit verification system.

(2) The department may provide rate enhancements and other financial incentives
to providers of long-term care services to facilitate timely and effective implementation of
the electronic visit verification system.

(3) The department may implement an electronic visit verification system only if the
fiscal impact thereof is reasonably expected to be cost-neutral or result in cost savings.

*Acts 2014, No. 523, §1; Redesignated from R.S. 40:1300.324 by HCR 84 of 2015 R.S.*

#### **PART II-A** DISABILITY SERVICES: REPORTING

#### **SUBPART A** GENERAL PROVISIONS

##### **§ 40:1250.1** Short title {#sec-40-1250.1 omnilex-key=us-la-statutes--rs-title-40--40:1250.1}

This Part shall be known and may be cited as the "Disability Services Sustainability
Act".

*Acts 2019, No. 381, §1.*

##### **§ 40:1250.2** Legislative findings; declaration {#sec-40-1250.2 omnilex-key=us-la-statutes--rs-title-40--40:1250.2}

A. The legislature hereby finds all of the following:

(1) Access to quality services for persons with developmental, intellectual, adult-onset, or physical disabilities furnished by private providers is essential for the health, safety,
and well being of those persons.

(2) Reliable and sufficient Medicaid reimbursement rates for private providers are
necessary to create and maintain a sustainable statewide system of services for eligible
individuals with disabilities.

(3) A statewide system of services is sustainable only if reimbursement rates are
sufficient to enlist providers in numbers great enough to allow eligible individuals a choice
among different providers who are capable of delivering quality services that will meet the
assessed needs of those individuals in a timely manner.

B. The legislature hereby declares that this state must take steps to foster and
maintain a robust network that attracts and retains quality providers which are capable of
maintaining a stable workforce and are sufficient in number to allow for meaningful choices
among providers by individuals eligible to receive disability services.

*Acts 2019, No. 381, §1.*

##### **§ 40:1250.3** Definitions {#sec-40-1250.3 omnilex-key=us-la-statutes--rs-title-40--40:1250.3}

As used in this Part, the following terms have the meaning ascribed to them in this
Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Methodology" means the aggregate of methods, principles, assumptions,
variables, factors, and procedures used to determine a reimbursement rate.

(3) "Provider" means a person, public agency, nonprofit corporation, or a for-profit
business entity that provides services under a contract or other agreement with the
department.

(4) "Rate" means the amount of money per unit of time for a Medicaid service
performed or the amount of money for a Medicaid service performed for a flat fee, such as
a per diem.

(5) "Rebasing" means using cost report information to adjust Medicaid
reimbursement rates to the level dictated by the Medicaid reimbursement methodology for
each covered service.

(6) "Reimbursement" means payment for a Medicaid service in accordance with a
specified rate.

(7) "Service" means a home- or community-based service, intermediate care facility
service, or support coordination service provided to a recipient by a provider under a contract
or other agreement with the department.

*Acts 2019, No. 381, §1.*

#### **SUBPART B** MONITORING

##### **§ 40:1250.11** Monitoring for adequacy and quality of services {#sec-40-1250.11 omnilex-key=us-la-statutes--rs-title-40--40:1250.11}

A. The department shall maintain reliable data in a form that permits ongoing
monitoring of trending factors that may affect the sufficiency of rates. Such factors may
include, without limitation, trends in cost of living and other economic indexes, wage rates,
and changes in regulatory and policy requirements affecting provider costs.

B. The department may require reasonable, periodic financial reports from providers
as needed to ensure the availability of reliable cost data. The department shall consult and
collaborate with providers to develop reasonable financial reporting requirements.

*Acts 2019, No. 381, §1.*

##### **§ 40:1250.12** Annual review of rates {#sec-40-1250.12 omnilex-key=us-la-statutes--rs-title-40--40:1250.12}

A. The department may conduct annual reviews of all rates by service category and
shall make a determination of the level of sufficiency of each rate based on a review of all
pertinent data.

B. Any reduction in disability rates to providers must be approved by the Joint
Legislative Committee on the Budget.

*Acts 2019, No. 381, §1.*

#### **SUBPART C** REPORTING

##### **§ 40:1250.21** Annual report {#sec-40-1250.21 omnilex-key=us-la-statutes--rs-title-40--40:1250.21}

A. The department shall submit an annual report concerning disability service
provider rates to the House Committee on Appropriations, the Senate Committee on Finance,
and the legislative committees on health and welfare no later than forty-five days prior to the
convening of each regular session of the Legislature of Louisiana. The report shall include,
without limitation, all of the following information:

(1) Any changes within the previous twelve months to the Medicaid rate
methodology for disability services and the current Medicaid rates for those services.

(2) The date of the last rebasing of Medicaid rates for intermediate care facilities for
people with developmental disabilities and any future dates on which those rates are due to
be rebased.

(3) The amount of funding that would be required for an annual adjustment, based
on the inflation index, to Medicaid rates for disability services.

(4) The health market basket inflation index used in calculating the amount of
funding that would be needed for an annual adjustment of Medicaid rates for disability
services.

(5) Any proposed changes to the methodology for determining Medicaid rates for
disability services.

B. Upon request of any legislative committee identified in this Section, the secretary
of the department or his designee shall appear in person before the committee to present the
report required by this Section.

*Acts 2019, No. 381, §1.*

#### **PART II-B** DENTAL COVERAGE FOR PERSONS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES

##### **§ 40:1250.31** Dental care for certain adults with developmental or intellectual disabilities; Medicaid coverage required {#sec-40-1250.31 omnilex-key=us-la-statutes--rs-title-40--40:1250.31}

NOTE: Paragraph (A)(1) eff. until an Act of the Louisiana Legislature containing a
specific appropriation of monies for the implementation of Act 366 of the 2022 Regular
Session becomes effective. See Acts 2022, No. 366.

A.(1) The Louisiana Department of Health shall ensure that comprehensive Medicaid
coverage for dental care is provided to each person of age twenty-one or older who is
enrolled in any Medicaid waiver program for persons with developmental or intellectual
disabilities.

NOTE: Paragraph (A)(1) eff. upon an Act of the Louisiana Legislature containing
a specific appropriation of monies for the implementation of Act 366 of the 2022 Regular
Session becomes effective. See Acts 2022, No. 366.

*A.(1) The Louisiana Department of Health shall ensure that comprehensive Medicaid coverage for dental care is provided to all of the following persons:*

*(a) Each person of age twenty-one or older who is enrolled in any Medicaid waiver program for persons with developmental or intellectual disabilities.*

*(b) Each Medicaid enrollee of age twenty-one or older who resides in an intermediate care facility for people with developmental disabilities licensed in accordance with the provisions of R.S. 40:2180 et seq.*

(2) For purposes of this Section, "comprehensive Medicaid coverage for dental care"
means Medicaid coverage which reimburses for dental and oral health services including all
of the following:

(a) Diagnostic services.

(b) Preventive services.

(c) Restorative services.

(d) Endodontics.

(e) Periodontics.

(f) Prosthodontics.

(g) Oral and maxillofacial surgery.

(h) Orthodontics.

(i) Emergency care.

B. The Louisiana Department of Health shall not furnish any coverage required by
Subsection A of this Section until all of the following have occurred:

(1) The Centers for Medicare and Medicaid Services has approved the provision of
such coverage.

(2) The legislature has appropriated the funding necessary for the provision of such
coverage.

Acts 2021, No. 450, §1; Acts 2022, No. 366, §1, see Act.

NOTE: The La. Dept. of Health shall take all such actions as are necessary to make
the coverage required by the provisions of Section 1 of Acts 2021, No. 450, available to all
persons eligible for such coverage on or before July 1, 2022.

##### **§ 40:1250.32** Administrative rulemaking {#sec-40-1250.32 omnilex-key=us-la-statutes--rs-title-40--40:1250.32}

The Louisiana Department of Health shall promulgate all such rules in accordance
with the Administrative Procedure Act as are necessary to implement the provisions of this
Part.

Acts 2021, No. 450, §1.

NOTE: The La. Dept. of Health shall take all such actions as are necessary to make
the coverage required by the provisions of Section 1 of Acts 2021, No. 450, available to all
persons eligible for such coverage on or before July 1, 2022.

##### **§ 40:1251** Redesignated to R.S. 40:1287.1 by HCR 84 of 2015 R.S. {#sec-40-1251 omnilex-key=us-la-statutes--rs-title-40--40:1251}

*Redesignated to R.S. 40:1287.1 by HCR 84 of 2015 R.S.*

#### **PART III** MEDICAID BUY-IN PROGRAM FOR PERSONS WITH DISABILITIES

##### **§ 40:1251.1** Title {#sec-40-1251.1 omnilex-key=us-la-statutes--rs-title-40--40:1251.1}

This Part may be referred to as the Louisiana Medicaid Buy-In Program for Persons
with Disabilities Act.

*Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78 by HCR 84 of 2015 R.S.*

##### **§ 40:1251.2** Purpose {#sec-40-1251.2 omnilex-key=us-la-statutes--rs-title-40--40:1251.2}

A. The purpose of this Part is to provide for a Medicaid Buy-In Program for persons
with disabilities in Louisiana. This program is intended to help working people with
disabilities live above the poverty level by providing needed health care coverage. This
program is also intended to enable some recipients of Supplemental Security Disability
Insurance benefits to return to work and to receive Medicaid as a supplement to private or
Medicare insurance.

B. This program is intended to help persons with severe mental illnesses who can
work if they are on medication and those with severe physical disabilities who need medical
supports in order to work.

*Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1251.3** Ticket to Work and Work Incentives Improvement Act Opportunities {#sec-40-1251.3 omnilex-key=us-la-statutes--rs-title-40--40:1251.3}

In accordance with the authority granted the Louisiana Department of Health pursuant
to R.S. 36:254(A)(6) and (D)(1)(a)(i) and pursuant to the restrictions contained in this Part,
the department shall avail itself of the provisions of the Ticket to Work and Work Incentives
Improvement Act provisions to implement a buy-in program for the working persons with
disabilities.

*Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1251.4** Definitions {#sec-40-1251.4 omnilex-key=us-la-statutes--rs-title-40--40:1251.4}

As used in this Part, the following terms shall have the following meanings:

(1) "Medicaid Buy-In Program" means the Louisiana Medicaid Optional program
to provide the opportunity for working persons with disabilities to buy access to needed
health care and support services.

(2) "Persons with disabilities" means those citizens of Louisiana who meet the Social
Security Disability criteria.

*Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1251.5** Buy-In Program Appropriations {#sec-40-1251.5 omnilex-key=us-la-statutes--rs-title-40--40:1251.5}

The provisions of this Part shall not be implemented by the department unless
funding and performance standards, including a specified target for enrollment, are included
in the General Appropriation Act^;1^enacted during the 2003 Regular Session of the
Legislature. If included in that Act, the Medicaid Buy-In Program for Persons with
Disabilities shall be implemented by the department no later than January, 2004.

Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.4 by HCR 84 of 2015
R.S.

^1^Acts 2003, No.14

##### **§ 40:1251.6** Provisions {#sec-40-1251.6 omnilex-key=us-la-statutes--rs-title-40--40:1251.6}

A. The Louisiana Department of Health shall promulgate regulations governing the
following:

(1) Procedures for application, application forms, and eligibility criteria for persons
with disabilities to obtain coverage.

(2) A sliding scale for the buy-in amounts to be paid by working persons with
disabilities to maintain Medicaid coverage, while working.

(3) A plan to publicize the eligibility criteria and where applications may be
obtained.

(4) Any standards or procedures necessary to properly implement a buy-in program
for persons with disabilities.

B. The provisions of this Part shall not prohibit the department from exercising any
and all authorities and responsibilities granted to the department under the Medical
Assistance Program (Title XIX of the Social Security Act) in the event such authorities and
responsibilities are concurrent with the provisions of this Part.

C. Any rules or regulations adopted under the provisions of this Part shall be
promulgated under the Administrative Procedure Act. Any rules or regulations shall be
subject to review by the House Committee on Health and Welfare and the Senate Committee
on Health and Welfare.

D. Beginning January 1, 2004, and semiannually thereafter and not later than sixty
days prior to the beginning of the regular session of the legislature, the department shall
submit the following information to the Joint Legislative Committee on the Budget and to
the Senate Committee on Health and Welfare and the House Committee on Health and
Welfare:

(1) Status of the buy-in program, including the number of enrollees, the estimated
cost of the program, and any other information the department deems pertinent to this buy-in
program.

(2) A report relative to the estimated value of the state, federal and FICA taxes paid
by the participants in the buy-in program.

(3) Any recommendations for expanding coverage in the buy-in program or any other
recommendations relative to the requirements of this Part.

*Acts 2003, No. 207, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.78.5 by HCR 84 of 2015 R.S.*

#### **PART IV** MEDICAID TRANSPARENCY

##### **§ 40:1253.1** Legislative intent {#sec-40-1253.1 omnilex-key=us-la-statutes--rs-title-40--40:1253.1}

A. It is in the best interest of the citizens of the state that the Legislature of Louisiana
ensure that the Louisiana Medicaid program is operated in the most efficient and sustainable
method possible. With the transition of over two-thirds of the Medicaid eligible population
from a fee-for-service based program to a managed care organization based program, it is
imperative that there is adequate reporting from the Louisiana Department of Health in order
to ensure the following outcomes are being achieved:

(1) Improved care coordination with patient-centered medical homes for Medicaid
recipients.

(2) Improved health outcomes and quality of care as measured by metrics, such as
the Healthcare Effectiveness Data and Information Set (HEDIS).

(3) Increased emphasis on disease prevention and the early diagnosis and
management of chronic conditions.

(4) Improved access to Medicaid services.

(5) Improved accountability with a decrease in fraud, abuse, and wasteful spending.

(6) A more financially sustainable Medicaid program.

B. It is in the best interest of the citizens of the state that the Legislature of Louisiana
ensures that the Louisiana Medicaid program, as it relates to recipients with severe mental
illness, is operated in the most efficient and sustainable method possible. The transition of
the services of the office of behavioral health within the Louisiana Department of Health to
a managed care system in which a single statewide management organization operates as a
single point of entry to behavioral health services requires adequate reporting from the
Louisiana Department of Health in order to ensure the following outcomes are being
achieved:

(1) Implementation of a Coordinated System of Care for youth and their families or
caregivers that utilizes a family and youth driven practice model, provision of wraparound
facilitation by child and family teams, family and youth supports, and overall management
of these services by the statewide management organization.

(2) Improved access, quality, and efficiency of behavioral health services for children
not eligible for the Coordinated System of Care and for adults with severe mental illness and
addictive disorders, through management of these services by the statewide management
organization.

(3) Smooth and efficient transition of behavioral health service delivery and
operations from a regional based approach coordinated through the office of behavioral
health within the Louisiana Department of Health to the use of human service districts or
local government entities.

(4) Seamless coordination of behavioral health services with the comprehensive
healthcare system without losing attention to the special skills of the behavioral health
professionals.

(5) Advancement of a resiliency, recovery, and consumer-focused system of
person-centered care.

(6) Implementation of best practices and evidence-based practices that are effective
and efficient and are supported by the data collected from measuring outcomes, quality, and
accountability.

(7) The efficient and effective use of state general funds in order to maximize federal
funding of behavioral services provided by the Medicaid program.

*Acts 2013, No. 212, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1300.361 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015.*

##### **§ 40:1253.2** Medicaid managed care program; reporting {#sec-40-1253.2 omnilex-key=us-la-statutes--rs-title-40--40:1253.2}

A. The Louisiana Department of Health shall submit an annual report concerning the
Louisiana Medicaid managed care program and, if not included within that program, any
managed care program providing dental benefits to Medicaid enrollees to the senate and
house committees on health and welfare. The department shall submit the report by June
thirtieth every year, and the applicable reporting period shall be for the previous state fiscal
year except for those measures that require reporting of health outcomes which shall be
reported for the calendar year prior to the current state fiscal year. The report shall include: (1) Except when inapplicable due to the types of healthcare benefits administered by
the particular managed care organization, the following information related to the managed
care organizations contracted with the state to provide Medicaid-covered healthcare services
to Medicaid enrollees:

(a) The name of each managed care organization that has contracted with the
Louisiana Department of Health to provide healthcare services to Medicaid enrollees.

(b) The total number of employees employed by each managed care organization
which is based in Louisiana and the average salary paid to those employees.

(c) The amount of the total payments and average per member per month payment
paid by the state to each managed care organization delineated monthly.

(d) The total number of healthcare providers contracted to provide healthcare
services for each managed care organization delineated by provider type, provider taxonomy
code, and parish.

(e) The total number of providers contracted to provide healthcare services for each
managed care organization that provides primary care services and submitted at least one
claim for payment for services rendered to an individual enrolled in the health plan
delineated by provider type, provider taxonomy code, and parish.

(f) The total number of providers contracted to provide healthcare services for each
managed care organization that has a closed panel for any portion of the reporting period
delineated by provider type, provider taxonomy code, and parish.

(g)(i) The medical loss ratio of each managed care organization and the amount of
any refund to the state for failure to maintain the required medical loss ratio.

(ii) With respect to the monies comprising the managed care organization's medical
loss ratio, the report shall include the following information:

(aa) Total expenditures on patient care.

(bb) Total expenditures on healthcare quality improvements.

(cc) Total expenditures on healthcare information technology.

(dd) Total expenditures on goods and services other than patient care, healthcare
quality improvements, and healthcare information technology.

(h) A copy of the annual external quality review technical report produced pursuant
to 42 CFR 438.364.

(i) A copy of the member and provider satisfaction survey report for each managed
care organization.

(j) A copy of the annual audited financial statements for each managed care
organization. The financial statements shall be those of the managed care organization
operating in Louisiana and shall not be those financial statements of any parent or umbrella
organization.

(k) A brief factual narrative of any sanctions levied by the Louisiana Department of
Health against a managed care organization.

(l) For managed care organizations that administer dental benefits, a comparison of
oral health outcomes that includes but is not limited to the percentage of eligible patients that
saw a dentist in that fiscal year as well as the following rates of procedures performed on
those who saw a dentist:

(i) Adult oral prophylaxis.

(ii) Child oral prophylaxis.

(iii) Dental sealants.

(iv) Fluoride varnish.

(v) Amalgam fillings.

(vi) Composite fillings.

(vii) Stainless steel crowns.

(viii) Extractions of primary teeth.

(ix) Extractions of permanent teeth.

(x) Pulpotomies performed on primary teeth.

(xi) Root canals performed on permanent teeth.

(2) The following information regarding Medicaid enrollees receiving healthcare
services from a managed care organization:

(a) The total number of unduplicated enrollees enrolled during the reporting period,
and the monthly average of the number of members enrolled in each managed care
organization delineated by eligibility category of the enrollees.

(b) The number of members who proactively chose the managed care organization,
and the number of members who were auto-enrolled into each managed care organization,
delineated by managed care organization.

(c) The total number of enrollees who received unduplicated Medicaid services from
each managed care network, broken down by provider type, provider taxonomy code, and
place of service.

(d) The total number and percentage of enrollees of each managed care organization
who had at least one visit with their primary care provider during the reporting period.

(e) The following information concerning hospital services provided to Medicaid
enrollees:

(i) The number of members who received unduplicated outpatient emergency
services, delineated by managed care organization.

(ii) The number of total inpatient Medicaid days delineated by managed care
organization.

(iii) The total number of unduplicated members who received outpatient emergency
services and had at least one visit to a primary care provider within the past year of receiving
the outpatient emergency services.

(f) The number of members, delineated by each managed care organization, who
filed an appeal, the number of members who accessed the state fair hearing process, and the
total number and percentage of appeals that reversed or otherwise resolved a decision in
favor of the member. For purposes of this Subparagraph, "appeal" means a request for
review of an action.

(3) The following information related to healthcare services provided by healthcare
providers to Medicaid enrollees enrolled in each of the managed care organizations:

(a) The total number of claims submitted by healthcare providers to each managed
care organization. The total number shall also be delineated by claims for emergency
services and claims for nonemergency services.

(b) The total number of claims submitted by healthcare providers to each managed
care organization which were adjudicated by the respective managed care organization and
payment for services was denied. This item of the report shall include a delineation between
emergency and nonemergency claim denials. Additionally, this item of the report shall
include the number of denied claims for each managed care organization delineated by the
standard set of Claim Adjustment Reason Codes published by the Washington Publishing
Company.

(c) The total number of claims submitted by healthcare providers to each managed
care organization which meets the definition of a clean claim as it is defined in the contract
executed between the state and the managed care organization, and the percentage of those
clean claims that each of the managed care plans has paid for each provider type within
fifteen calendar days and within thirty calendar days. In addition, the report shall include the
average number of days for each managed care organization to pay all claims of healthcare
providers delineated by provider type.

(d) The total number and percentage of regular and expedited service authorization
requests processed within the time frames specified by the contract for each managed care
organization. In addition, the report shall contain the total number of regular and expedited
service authorization requests which resulted in a denial for services for each managed care
organization.

(e) The total number and dollar value of all claims paid to out-of-network providers
by claim type categorized by emergency services and nonemergency services for each
managed care organization by parish.

(f)(i) The total number of independent reviews conducted pursuant to R.S. 46:460.81
et seq., delineated by claim type for each managed care organization.

(ii) The total number and percentage of adverse determinations overturned as a result
of an independent review conducted pursuant to R.S. 46:460.81 et seq., delineated by claim
type for each managed care organization.

(g) The following information concerning pharmacy benefits delineated by each
managed care organization and by month:

(i) Total number of prescription claims.

(ii) Total number of prescription claims subject to prior authorization.

(iii) Total number of prescription claims denied.

(iv) Total number of prescription claims subject to step therapy or fail first protocols.

(v) The average and range of times for responding to prior authorization requests.

(vi) The number of prior authorization requests denied, delineated by the reasons for
denial.

(vii) The number of claims denied after prior authorization was approved, delineated
by the reasons for denial.

(h) The report shall include the following information concerning Medicaid drug
rebates and manufacturer discounts delineated by each managed care organization and the
prescription benefit manager contracted or owned by the managed care organization and by
month:

(i) Total dollar amount of the Medicaid drug rebates and manufacturer discounts
collected and used.

(ii) Total dollar amount of Medicaid drug rebates and manufacturer discounts
collected and remitted to the Louisiana Department of Health.

(4) For managed care organizations that administer dental benefits, the following
information concerning prior authorization requests, delineated by type of procedure:

(a) The number of prior authorization requests.

(b) The average and range of times for responding to prior authorization requests.

(c) The number of prior authorization requests denied, delineated by the reasons for
denial.

(d) The number of claims denied after prior authorization was approved, delineated
by the reasons for denial.

(5) Any other metric or measure which the Louisiana Department of Health deems
appropriate for inclusion in the report.

B.(1) The Louisiana Department of Health shall submit quarterly reports to the Senate
and House committees on health and welfare concerning the Medicaid expansion population
and service utilization. The reports shall include all of the following:

(a) Medicaid expansion population data which shall include the following: (i) Number of individuals enrolled in Medicaid for the reporting period who are
eligible as part of the expansion population.

(ii) Number of individuals in the expansion population age nineteen to forty-nine and
number of individuals age fifty to sixty-four.

(iii) Number of individuals in the expansion population in each age category with
earned income.

(iv) Number of individuals in the expansion population in each age category assigned
to a Medicaid managed care organization, identified by each individual managed care
organization.

(v) The per-member per-month cost paid to each managed care organization to
manage the care of the individuals in the expansion population assigned to their plan,
identified by each individual managed care organization.

(b) Medicaid expansion population utilization data shall include the following:

(i) Comparison of individuals age nineteen to forty-nine, age fifty to sixty-four, and
those who are covered by Medicaid who are not part of the expansion population utilizing
the following services during the reporting period:

(aa) Emergency department.

(bb) Prescription drugs.

(cc) Physician services.

(dd) Hospital services.

(ee) Nonemergency medical transportation.

(ii) Expenditures associated with each service for individuals in the expansion
population age nineteen to forty-nine, age fifty to sixty-four, and those who are covered by
Medicaid who are not part of the expansion population during the reporting period.

(2) The quarterly reports required in this Subsection shall be submitted on the
twentieth day of July, October, January, and April of each year, to include the data required
in this Subsection, identified by month for the prior three months, with a collective chart of
all data submitted to be included in the annual report provided for in Subsection A of this
Section.

C.(1) The Louisiana Department of Health shall submit quarterly reports to the Senate
and House committees on health and welfare encompassing the following data regarding the
Medicaid managed care organizations' pharmacy benefit managers:

(a) The name of each pharmacy benefit manager, identified as contracted or owned
by the Medicaid managed care organization.

(b) Whether the pharmacy benefit manager is a subsidiary of the parent company of
the Medicaid managed care organization.

(c) The total dollar amount paid to the pharmacy benefit manager by the Medicaid
managed care organization as a transaction fee for each processed claim.

(d) The total dollar amount of the Medicaid drug rebates and manufacturer discounts
collected and retained by the Medicaid managed care organization and pharmacy benefit
manager.

(e) The total dollar amount of the Medicaid drug rebates and manufacturer discounts
collected by the Medicaid managed care organization and pharmacy benefit manager and
remitted to the Louisiana Department of Health.

(f) The total dollar amount retained by the pharmacy benefit manager through spread
pricing. For purposes of this Subparagraph, "spread pricing" means the actual amount paid
as reimbursement to a pharmacist as compared to the amount the pharmacy benefit manager
charged to and was reimbursed by the Medicaid managed care organization to identify the
excess amount paid to the pharmacy benefit manager above what was paid to the pharmacist.

(g) Identification of any other monies retained by the pharmacy benefit manager not
otherwise provided for in this Subsection that are not reimbursed to pharmacists.

(2) The quarterly reports required in this Subsection shall be submitted on the
twentieth day of July, October, January, and April of each year, to include the data required
in this Subsection, identified by month for the prior three months, with a collective chart of
all data submitted to be included in the annual report provided for in Subsection A of this
Section.

D. To the greatest extent possible, the Louisiana Department of Health shall include
in the report at least three years of historical data for each of the measures set forth in
Subsection A of this Section.

*Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.362 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015; Acts 2017, No. 349, §1; Acts 2018, No. 482, §1, eff. May 25, 2018.*

##### **§ 40:1253.3** Louisiana Behavioral Health Partnership; reporting {#sec-40-1253.3 omnilex-key=us-la-statutes--rs-title-40--40:1253.3}

A. The Louisiana Department of Health shall submit an annual report for the
Coordinated System of Care and an annual report for the Louisiana Behavioral Health
Partnership to the Senate and House committees on health and welfare. The report shall be
submitted by June thirtieth of each year, and the applicable reporting period shall be for the
previous state fiscal year. The report shall include but not be limited to the following
information:

(1) The total number of healthcare providers in each parish, broken down by provider
type, applicable contracting status, and specialty.

(2) The total number of Medicaid and non-Medicaid members enrolled in each
parish.

(3) The total and monthly average number of adult Medicaid enrollees receiving
services in each parish.

(4) The total and monthly average number of adults not enrolled in the Medicaid
program receiving services in each parish.

(5) The total and monthly average number of children receiving services through the
Coordinated System of Care by parish.

(6) The total and monthly average number of children receiving Louisiana
Behavioral Health Partnership services outside the Coordinated System of Care by parish.

(7) The total and monthly average number of children not enrolled in the Medicaid
program receiving Louisiana Behavioral Health Partnership services outside the Coordinated
System of Care by parish.

(8) The percentage of all referrals that were considered immediate, urgent and
routine needs and the average length of time to authorize for services by parish.

(9) The percentage of clean claims paid for each provider type within thirty calendar
days and the average number of days to pay all claims for each human services district or
authority or local government entity.

(10) The five most common reasons for denial of claims and the total number of
claims denied according to the cause presented.

(11) The percentage of members asked to and who provide consent for the release
of information to coordinate care with the member's primary care physician and other
healthcare providers.

(12) The number of outpatient members who received services through the Louisiana
Behavioral Health Partnership in hospital-based emergency rooms.

(13) A copy of the statewide management organization's report to the Louisiana
Department of Health on quality management, which shall include:

(a) The number of qualified quality management personnel employed by the
statewide management organization to review performance standards, measure treatment
outcomes, and assure timely access to care.

(b) The mechanism utilized by the statewide management organization for
generating input and participation of members, families/caretakers, and other stakeholders
in the monitoring of service quality and determining strategies to improve outcomes.

(c) Documented demonstration of meeting all the federal requirements of 42 CFR
438.240 and with the utilization management required by the Medicaid program as described
in 42 CFR 456.

(d) Documentation that the statewide management organization has implemented and
maintained a formal outcomes assessment process that is standardized, relatable, and valid
in accordance with industry standards.

(14) The total amount of funding remitted by the state pursuant to its contract with
the statewide management organization during the period addressed by the report, including
an itemization of this amount which encompasses, at minimum, the total costs to the state
associated with the following cost items:

(a) Payment of claims to providers.

(b) Administrative costs of the statewide management organization.

(c) Profit for the statewide management organization.

(15) An explanation of all changes during the period addressed by the report in any
of the following program aspects:

(a) Standards or processes for submission of claims by behavioral health service
providers to the statewide management organization.

(b) Types of behavioral health services covered through the statewide management
organization.

(c) Changes in reimbursement rates for covered services.

(16) Any other metric or measure that the Louisiana Department of Health deems
appropriate for inclusion in the report.

B. Upon the integration of behavioral health services into the Louisiana Medicaid
Bayou Health managed care program, or any successor, the final report produced pursuant
to this Section for the period starting July 1, 2015, shall be issued by June 30, 2016, or six
months following the integration date, whichever occurs later, and subsequent behavioral
health reporting shall be included in the report produced pursuant to R.S. 40:1253.2.

*Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.363 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015; Acts 2017, No. 349, §1; Acts 2018, No. 206, §4.*

##### **§ 40:1253.4** Louisiana Department of Health information {#sec-40-1253.4 omnilex-key=us-la-statutes--rs-title-40--40:1253.4}

A. The Louisiana Department of Health shall make available to the public all
informational bulletins, health plan advisories, and guidance published by the department
concerning the Louisiana Medicaid managed care program. The department shall publish
and make such information available to the public on its website.

B. Prior to August 1, 2015, every managed care organization contracted with the
state to provide Medicaid-covered healthcare services to Medicaid enrollees shall report to
the department the uniform resource locator of a webpage which contains a publicly
accessible copy of all practice guidelines utilized by each managed care organization which
are required to be made available to healthcare providers pursuant to 42 CFR 438.236(c).
The department shall place and maintain publicly accessible web links to each of these
respective webpages upon its website.

*Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.364 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015; Acts 2017, No. 349, §1.*

##### **§ 40:1253.5** Medicaid state plan amendments {#sec-40-1253.5 omnilex-key=us-la-statutes--rs-title-40--40:1253.5}

The Louisiana Department of Health shall make available to the public on the
department's website all Medicaid state plan amendments and any related correspondence
within twenty-four hours of submission to the Centers for Medicare and Medicaid Services.
All formal responses by the Centers for Medicare and Medicaid Services regarding any state
plan amendment shall be made available to the public on the department's website within
twenty-four hours of receipt of the correspondence by the department.

*Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.365 by HCR 84 of 2015 R.S.*

#### **PART V** TELEHEALTH SERVICES IN MEDICAID

##### **§ 40:1255.1** Definitions {#sec-40-1255.1 omnilex-key=us-la-statutes--rs-title-40--40:1255.1}

As used in this Part, the following terms have the meaning ascribed to them in this
Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Medicaid" means the medical assistance program provided for in Title XIX of
the Social Security Act.

(3) "Medicare" means the federal health insurance program provided for in Title
XVIII of the Social Security Act.

(4) "Telehealth" has the meaning ascribed in R.S. 40:1223.3.

*Acts 2020, No. 88, §1.*

##### **§ 40:1255.2** Telehealth services; alignment of reimbursement with Medicare policy {#sec-40-1255.2 omnilex-key=us-la-statutes--rs-title-40--40:1255.2}

A. The department shall periodically review policies regarding Medicaid
reimbursement for telehealth services to identify variations between permissible
reimbursement under that program and reimbursement available to healthcare providers
under the Medicare program.

B. To the extent practicable, notwithstanding any other law to the contrary, after
conducting a review provided for in Subsection A of this Section, the department may
modify its administrative rules, policies, and procedures applicable to Medicaid
reimbursement for telehealth services as necessary to provide for a reimbursement system
that is comparable to that of the Medicare program for those services.

*Acts 2020, No. 88, §1.*

#### **PART VI** NONEMERGENCY MEDICAL TRANSPORTATION

##### **§ 40:1257.1** Definitions {#sec-40-1257.1 omnilex-key=us-la-statutes--rs-title-40--40:1257.1}

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Healthcare provider" means a person, partnership, limited liability partnership,
limited liability company, corporation, facility, or institution that provides healthcare or
professional services to individuals enrolled in the Medicaid program.

(3) "Medicaid" means the medical assistance program provided for in Title XIX of
the Social Security Act.

(4) "Nonemergency medical transportation" and "NEMT" mean transportation
provided to a Medicaid beneficiary to or from a medically necessary Medicaid-covered
service. The term shall not include any nonemergency or other type of transportation by
ambulance.

*Acts 2022, No. 638, §1.*

##### **§ 40:1257.2** Nonemergency medical transportation services {#sec-40-1257.2 omnilex-key=us-la-statutes--rs-title-40--40:1257.2}

A. The Medicaid program of this state shall include nonemergency medical
transportation services, referred to hereafter in this Part as "NEMT services". The purpose
of NEMT services shall be to provide nonemergency medical transportation to a Medicaid
beneficiary after all other reasonable means of free transportation for that person have been
explored and found to be unavailable. The Medicaid beneficiary or his representative shall
confirm that the beneficiary has no other means of transportation.

B. Nonemergency medical transportation to or from a pharmacy, a nursing facility,
hospice care, or an appointment for Special Supplemental Nutrition Program for Women,
Infants, and Children services at an office of public health location is prohibited.

*Acts 2022, No. 638, §1.*

##### **§ 40:1257.3** Standards for services; prohibition {#sec-40-1257.3 omnilex-key=us-la-statutes--rs-title-40--40:1257.3}

No healthcare provider shall contract with or hire a transportation company to
provide NEMT services if that company does not meet local, city, and state requirements to
provide nonemergency medical transportation as defined in this Part and in administrative
rules of the department.

*Acts 2022, No. 638, §1.*

##### **§ 40:1257.4** Rulemaking {#sec-40-1257.4 omnilex-key=us-la-statutes--rs-title-40--40:1257.4}

The department shall promulgate in accordance with the Administrative Procedure
Act all such rules as are necessary to implement the provisions of this Part.

*Acts 2022, No. 638, §1.*

##### **§ 40:1257.5** Nonemergency medical transportation; transportation network companies {#sec-40-1257.5 omnilex-key=us-la-statutes--rs-title-40--40:1257.5}

A. The legislature hereby declares that transportation network companies are
possible providers of services that protect and promote public health by facilitating access
to primary care, pharmacy services, and other forms of health care that help people maintain
and improve their health.

B. If the department determines that transportation network providers can provide
transportation services for Medicaid recipients in a safe, effective, and cost-efficient manner
and in compliance with applicable federal Medicaid and Medicare requirements, any
transportation network company that complies with rules promulgated pursuant to this
Section may connect a driver to a rider through utilizing a Medicaid NEMT broker for the
purpose of providing nonemergency medical transportation services within the state through
the Louisiana Medicaid program.

C.(1)(a) The department may promulgate rules and regulations as are necessary for
the implementation of this Section. No transportation network company may provide
Medicaid NEMT services prior to rules being promulgated by the department and
demonstrating compliance with requirements established by the department through rules.
Requirements imposed for companies and drivers to act as Medicaid transportation providers
shall include requirements for enrollment and specifications for the vehicles used and any
requirements that may be necessary to conform to applicable federal Medicaid transportation
requirements administered by the department, bureau of health services financing.

(b) No driver shall provide nonemergency medical transportation services to a
Medicaid enrollee through a transportation network company's digital network prior to the
completion of a criminal background check on that driver which comports with the
requirements for such background checks provided in R.S. 40:1203.1 et seq. or R.S. 48:2199.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
department shall require that, prior to facilitating nonemergency medical transportation
services for Medicaid enrollees, a transportation network company be under contract with
a transportation broker that is under contract with either of the following:

(a) A Medicaid managed care organization as defined in R.S. 46:460.51.

(b) The department.

D. The provisions of R.S. 48:2205 shall apply to the regulation of companies,
drivers, and vehicles facilitating or providing nonemergency medical transportation services
as authorized in this Section.

E. Nothing in this Section shall be construed to authorize a company or an individual
to violate any provision of R.S. 40:1135.1.

F. No ambulance, emergency medical response vehicle, or EMS practitioner as
defined in R.S. 40:1131 shall be used for the purpose of providing nonemergency medical
transportation services pursuant to this Section.

*Acts 2024, No. 677, §1.*

#### **PART VII** CHIMERIC ANTIGEN RECEPTOR T-CELL THERAPY

##### **§ 40:1258.1** Definitions {#sec-40-1258.1 omnilex-key=us-la-statutes--rs-title-40--40:1258.1}

As used in this Part, the following terms have the meanings ascribed to them in this
Section:

(1) "Chimeric antigen receptor (CAR) T-cell therapy" means a treatment that is
designed to manipulate T-cell protein to recognize an antigen on targeted tumor cells in an
effort to eliminate cancer.

(2) "Healthcare facility" has the same meaning as the term is defined in R.S.
40:2120.13.

*Acts 2023, No. 294, §1.*

##### **§ 40:1258.2** Medicaid coverage; enrollment qualifications; duties {#sec-40-1258.2 omnilex-key=us-la-statutes--rs-title-40--40:1258.2}

A. The Louisiana Medicaid program shall cover inpatient and, if deemed appropriate,
outpatient coverage of CAR T-cell therapy when such therapy is approved by the United
States Food and Drug Administration, used for a medically accepted indication, and
administered in any healthcare facility appropriately providing CAR T-cell therapy in
accordance with state and federal guidelines or certifications.

B. Any healthcare facility appropriately providing CAR T-cell therapy in accordance
with state and federal guidelines or certifications that participates in the Louisiana Medicaid
program shall provide CAR T-cell therapy to an individual who is eligible for such
enrollment as defined in Subsection C of this Section.

C.(1) In order to receive coverage from the Louisiana Medicaid program for CAR
T-cell therapy, the eligibility of a prospective enrollee shall be determined by the healthcare
facility appropriately providing CAR T-cell therapy in accordance with state and federal
guidelines or certifications as provided in Subsection B of this Section.

(2) A prospective enrollee shall be considered eligible for CAR T-cell therapy
enrollment if the individual satisfies all of the following qualifications:

(a) The individual is enrolled in the Louisiana Medicaid program.

(b) A licensed healthcare provider has certified that CAR T-cell therapy is medically
necessary and appropriate to treat the individual's condition.

(c) The CAR T-cell therapy is administered in any healthcare facility appropriately
providing CAR T-cell therapy in accordance with state and federal guidelines or
certifications.

D. Pursuant to this Section, the secretary of the Louisiana Department of Health shall
do all of the following:

(1) Submit to the Centers for Medicare and Medicaid Services all necessary state
plan amendments.

(2) Promulgate all necessary rules and regulations in accordance with the
Administrative Procedure Act.

(3) Promulgate rules as necessary to regulate and provide payment to healthcare
providers for high cost pharmaceutical carve-outs in accordance with the provisions of this
Part.

(4) Take any other actions necessary to implement the provisions of this Section.

*Acts 2023, No. 294, §1.*

#### **PART VIII** MENOPAUSAL CARE COVERAGE

##### **§ 40:1259.1** Menopausal care; Medicaid coverage {#sec-40-1259.1 omnilex-key=us-la-statutes--rs-title-40--40:1259.1}

A. The Louisiana Department of Health shall make available to persons who are
eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et
seq., coverage benefits for hormonal care for any woman who is experiencing menopausal
or perimenopausal symptoms.

B. The symptoms for which such funding shall be made available include but are not
limited to the following:

(1) Irregular menstrual periods.

(2) Hot flashes.

(3) Vaginal or bladder problems.

(4) Decrease in fertility.

(5) Loss of bone.

(6) Increase in low-density lipoprotein cholesterol levels.

(7) Sleep disruption, which includes night sweats.

C. For the purposes of this Part, the following definitions apply:

(1) "Menopause" means the permanent cessation of menstruation due to loss of
ovarian follicular function. During menopause, ovaries stop releasing eggs and the body
produces less estrogen and progesterone.

(2) "Perimenopause" means the transition period in which a woman is near the end
of her reproductive years or at the onset of menopause.

D. The Louisiana Department of Health may seek approval of a federal Medicaid
waiver and state plan amendments as may be necessary to implement the provisions of this
Section.

*Acts 2024, No. 784, §2.*

##### **§ 40:1259.2** Medicaid coverage for perimenopausal and menopausal care {#sec-40-1259.2 omnilex-key=us-la-statutes--rs-title-40--40:1259.2}

A. The Louisiana Medicaid program shall cover inpatient and, if deemed appropriate,
outpatient coverage for perimenopausal or menopausal treatment or care when such care or
treatment is used for a medically accepted indication and administered in any healthcare
facility by any healthcare professional appropriately licensed in this state to provide such
medical treatment or care in accordance with state and federal guidelines or certifications.

B. Any healthcare facility appropriately providing perimenopausal or menopausal
treatment or care in accordance with state and federal guidelines or certifications that
participates in the Louisiana Medicaid program shall provide perimenopausal or menopausal
treatment or care to an individual who is eligible for such enrollment as defined in
Subsection C of this Section.

C.(1) To receive coverage from the Louisiana Medicaid program for perimenopausal
or menopausal treatment or care, the eligibility of a prospective enrollee shall be determined
by the healthcare facility appropriately providing perimenopausal or menopausal treatment
or care in accordance with state and federal guidelines or certifications as provided in
Subsection B of this Section.

(2) A prospective enrollee shall be considered eligible for perimenopausal or
menopausal treatment or care enrollment if the individual satisfies all of the following
qualifications:

(a) The individual is enrolled in the Louisiana Medicaid program.

(b) A licensed healthcare provider has certified that perimenopausal or menopausal
treatment or care is medically necessary and appropriate to treat the individual's condition.

(c) The perimenopausal or menopausal treatment or care is administered in any
healthcare facility appropriately providing perimenopausal or menopausal treatment or care
in accordance with state and federal guidelines or certifications.

D. Pursuant to this Section, the secretary of the Louisiana Department of Health shall
do all of the following:

(1) Submit to the Centers for Medicare and Medicaid Services all necessary state
plan amendments.

(2) Promulgate all necessary rules and regulations in accordance with the
Administrative Procedure Act.

(3) Take any other actions necessary to implement the provisions of this Section.

*Acts 2024, No. 784, §2.*

### **CHAPTER 5-F** HEALTH PROVISIONS: PUBLIC HEALTH

#### **SUBCHAPTER A** PUBLIC HEALTH - GENERAL

#### **PART I** HEALTH REPORT CARD-CERTAIN HEALTH AND HEALTH-RELATED ISSUES

##### **§ 40:1261** Health report card {#sec-40-1261 omnilex-key=us-la-statutes--rs-title-40--40:1261}

A.(1) The Louisiana Department of Health shall annually prepare a health report card
indicating the overall state of health in Louisiana concerning but not limited to the following
issues:

(a) Health findings of major diseases.

(b) Teenage pregnancy and birth rates.

(c) Rates of low birth-weight babies.

(d) Suicide rates.

(e) Sexually transmitted diseases.

(f) Incidence of drug addictions.

(g) Violent deaths.

(h) Morbidity rates.

(i) Health assessment programs and results.

(j) Results of preventive health outreach programs.

(k) An assessment of the state healthcare delivery system.

(2) The report shall include information on each parish and the state as a whole and
a comparison of that data with data from other states and from prior years, and, if available,
variations and changes according to different segments of the state's population.

(3) Any benefits plan that contracts with the state to provide or coordinate the
provision of healthcare services to a Medicaid recipient or other person whose enrollment
costs are paid wholly or in part by the state under a Medicaid waiver shall submit a report
card indicating the overall health of those enrollees whose costs are paid wholly or in part
by the state concerning but not limited to the issues delineated in Paragraph (1) of this
Subsection. Such report card shall be prepared and submitted in accordance with guidelines
established by the department and shall be included in the written report described in
Subsection C of this Section.

B. The department may conduct hearings and call upon other state agencies, boards,
commissions, and departments to assist in the furnishing, compiling, and analyzing of the
data required to prepare the report.

C. The department shall submit the written report to the governor, and to each
member of the legislature, at least sixty days prior to each regular session, together with
recommendations for improving the overall health status on each issue.

D. The department shall promulgate rules and regulations, in accordance with the
Administrative Procedure Act, to implement this Section.

Acts 1995, No. 445, §1; Acts 1995, No. 985, §1; Redesignated from R.S. 40:1300.71
by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.

NOTE: Former R.S. 40:1261 redesignated to R.S. 40:1293.1 by HCR 84 of 2015
R.S.

##### **§ 40:1261.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1261.1 omnilex-key=us-la-statutes--rs-title-40--40:1261.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1262** Health equity; duties of the Louisiana Department of Health {#sec-40-1262 omnilex-key=us-la-statutes--rs-title-40--40:1262}

A. The Louisiana Department of Health, in addition to the other powers and duties
conferred upon it by law, shall serve as a foundation and resource for addressing health care
disparities for women and vulnerable populations, and contribute to the improvement of the
health of Louisiana's citizens. Specific to the improvement in the health of women in
Louisiana, the Louisiana Department of Health shall be responsible for leading,
consolidating, and coordinating efforts across the state geared toward improving women's
health outcomes through policy, education, evidence-based practices, programs, and services.

B. As part of carrying out the duties provided for in Subsection A of this Section, the
Louisiana Department of Health shall engage in all of the following activities:

(1) Complete a thorough assessment of all activities engaged in or services provided
by the department that may specifically impact the health or quality of life of women. The
department shall submit this assessment to the House Committee on Health and Welfare and
Senate Committee on Health and Welfare no later than February 15, 2022.

(2) Make available to health care professionals the best practices and protocols for
treating communities with underlying medical conditions and health disparities by doing all
of the following:

(a) Examining opportunities which provide greater access to high-quality medical
care and improve health outcomes.

(b) Performing a comprehensive evidence-based analysis of the determinants of
health equity that influence racial health disparities.

(c) Performing a comprehensive evidence-based analysis of interventions that
positively impact health equity and address disparities.

(d) Performing a comprehensive examination of the population dynamics that are
indicative of health equity and disparities.

(e) Promoting health awareness educational media campaigns.

C. To assist in carrying out its duties pursuant to this Section, the Louisiana
Department of Health may analyze any other relevant data which will add to the work of the
department, seek input from any interested parties including but not limited to licensed health
care professionals, advocates, and concerned citizens, pursue any relevant topics including
policies and laws that impact health disparities, and promote community outreach and
extension activities.

*Acts 2021, No. 210, §1, eff. June 11, 2021.*

##### **§ 40:1263** Redesignated to R.S. 40:1293.3 by HCR 84 of 2015 R.S. {#sec-40-1263 omnilex-key=us-la-statutes--rs-title-40--40:1263}

*Redesignated to R.S. 40:1293.3 by HCR 84 of 2015 R.S.*

#### **PART II** LOUISIANA ORGAN TRANSPLANT ASSISTANCE PROGRAM AND BONE MARROW DONATIONS

##### **§ 40:1263.1** Definitions {#sec-40-1263.1 omnilex-key=us-la-statutes--rs-title-40--40:1263.1}

As used in this Part:

(1) "Office" shall mean the office of the secretary in the Louisiana Department of
Health.

(2) "Secretary" shall mean the secretary of the Louisiana Department of Health, or
his designated representative.

*Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.121 by HCR 84 of 2015 R.S.*

##### **§ 40:1263.2** Louisiana Organ Transplant Assistance Program {#sec-40-1263.2 omnilex-key=us-la-statutes--rs-title-40--40:1263.2}

The secretary of the Louisiana Department of Health shall establish in the office of
the secretary a Louisiana Organ Transplant Assistance Program.

*Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.122 by HCR 84 of 2015 R.S.*

##### **§ 40:1263.3** Powers and duties {#sec-40-1263.3 omnilex-key=us-la-statutes--rs-title-40--40:1263.3}

The secretary shall:

(1) Assist Louisiana residents in obtaining financial assistance or other grants to
assist in paying for organ transplantation operations on Louisiana residents.

(2) Establish and promulgate rules and regulations, in accordance with the
Administrative Procedure Act, for determining eligibility to the program and the amount of
assistance.

(3) Accept on behalf of the state any federal funds to assist in carrying out the
provisions of this Part.

(4) Accept on behalf of the state funds from any private source to assist in carrying
out the provisions of this Part.

(5)(a) Educate residents of the state about:

(i) The need for bone marrow donors.

(ii) The procedures required to become registered as a potential bone marrow donor,
including the procedures for determining the person's tissue type.

(iii) The medical procedures a donor must undergo to donate bone marrow or other
sources of blood stem cells and the attendant risks of the procedure.

(b) Make special efforts to educate and recruit minority populations to volunteer as
potential bone marrow donors. Means of communication may include the use of the press,
radio, and television, and placement of educational materials in appropriate health care
facilities, blood banks, and state and local agencies. The secretary, in conjunction with the
secretary of the Department of Public Safety and Corrections, shall make educational
materials available at all places where drivers' licenses are issued or renewed.

*Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.123 by HCR 84 of 2015 R.S.*

##### **§ 40:1263.4** Definitions; paid marrow donor leave; prohibition of employer sanctions; relationship to other leave {#sec-40-1263.4 omnilex-key=us-la-statutes--rs-title-40--40:1263.4}

A. As used in this Section, the following definitions shall apply:

(1) "Employee" means a person who performs services for hire for an employer, for
an average of twenty or more hours per week, and includes all individuals employed at any
site owned or operated by an employer. Employee does not include an independent
contractor.

(2) "Employer" means a person or entity that employs twenty or more employees at
at least one site and includes an individual, corporation, partnership, association, nonprofit
organization, group of persons, state, parish, town, city, school district, or other
governmental subdivision.

B. An employer shall grant paid leaves of absence to an employee who seeks to
undergo a medical procedure to donate bone marrow. The combined length of the leaves
shall be determined by the employee, but may not exceed forty work hours, unless agreed to
by the employer. The employer may require verification by a physician of the purpose and
length of each leave requested by the employee to donate bone marrow. If there is a medical
determination that the employee does not qualify as a bone marrow donor, the paid leave of
absence granted to the employee prior to that medical determination is not forfeited.

C. An employer shall not retaliate against an employee for requesting or obtaining
a leave of absence as provided by this Section.

D. This Section does not prevent an employer from providing leave for bone marrow
donations in addition to leave allowed under this Section. This Section does not affect an
employee's rights with respect to any other employment benefit.

*Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.124 by HCR 84 of 2015 R.S.*

##### **§ 40:1263.5** Repealed by Acts 2022, No. 252, §3. {#sec-40-1263.5 omnilex-key=us-la-statutes--rs-title-40--40:1263.5}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART III** MARKET PLACES

##### **§ 40:1265.1** Public markets; location, inspection, and operation; exemptions; market zones {#sec-40-1265.1 omnilex-key=us-la-statutes--rs-title-40--40:1265.1}

A.(1) Municipal corporations may regulate the location, inspection, and operation
of all public markets, subject to the superior right of inspection and regulation of the
Louisiana Department of Health.

(2) Permanent open-air public market buildings built prior to 1950 which are
designated as historic and located in the city of New Orleans shall be exempt from LAC
51:XXIII.1501, 1701, and 3505(A). The lessor shall develop food service operational
guidelines after consultation and periodic review with the Louisiana Department of Health.
Such food service operational guidelines shall be incorporated into the lease agreements with
lessees who operate food service establishments in the exempted area. The lessor shall
enforce such food service operational guidelines through leases with their lessees.

B. They may fix market zones around public markets. However, these market zones
shall be limited to a radius of three thousand feet walking distance of the public market and
shall not apply within a radius of three hundred lineal feet from the center of all public
railroad passenger depots.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 397, §1; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011; Redesignated from R.S. 40:1241 by HCR 84 of 2015 R.S.*

##### **§ 40:1265.2** Private markets; inspection and operation {#sec-40-1265.2 omnilex-key=us-la-statutes--rs-title-40--40:1265.2}

The Louisiana Department of Health shall regulate the inspection and operation of
all private markets outside of the market zones. It shall provide general regulations for the
operation of these private markets, including rules affecting their cleanliness and the
wholesomeness of the goods offered for sale therein.

*Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1242 by HCR 84 of 2015 R.S.*

#### **PART IV** POISON CONTROL CENTER

##### **§ 40:1267.1** Poison control center; establishment {#sec-40-1267.1 omnilex-key=us-la-statutes--rs-title-40--40:1267.1}

The Louisiana Department of Health shall provide for the establishment of a
statewide poison control center at the University of Louisiana at Monroe. The university
may cooperate with public and private agencies and health care institutions in the operation
of the center. The center shall include operation of a statewide toll-free telephone number.

*Acts 1991, No. 297, §1; Redesignated from R.S. 40:1296 by HCR 84 of 2015 R.S.*

#### **PART V** RABIES CONTROL

##### **§ 40:1269.1** Citation of Part {#sec-40-1269.1 omnilex-key=us-la-statutes--rs-title-40--40:1269.1}

The provisions of this Part may be cited as the Rabies Control Law.

*Added by Acts 1954, No. 663, §1; Redesignated from R.S. 40:1275 by HCR 84 of 2015 R.S.*

##### **§ 40:1269.2** Definitions {#sec-40-1269.2 omnilex-key=us-la-statutes--rs-title-40--40:1269.2}

For the purpose of this Part:

(1) "Dog" means any member of the canine family or species.

(2) "Inoculation" means the injection, subcutaneously or otherwise, of animal anti-rabies vaccine as approved by the Louisiana Department of Health.

(3) "Owner" means any person who keeps in his care or harbors or who has the
custody of a dog.

(4) "Local health authority" means any parish or municipal board, officer, department
or other agency charged with the responsibility of preserving the public health.

(5) "Rabies" means hydrophobia (madness), the infectious disease of the brain
transmitted by specific virus which occurs in saliva.

*Added by Acts 1954, No. 663, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1276 by HCR 84 of 2015 R.S.*

##### **§ 40:1269.3** Authority to enact regulations for control of rabies {#sec-40-1269.3 omnilex-key=us-la-statutes--rs-title-40--40:1269.3}

The Louisiana Department of Health shall enact in the state sanitary code all
necessary provisions concerning the requirements for the control of rabies in animals,
including the authority of parishes and municipalities to enact local ordinances, the report
of incidence of the disease and the enactment of enforcement provisions.

*Added by Acts 1954, No. 663, §1. Amended by Acts 1974, No. 601, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1277 by HCR 84 of 2015 R.S.*

##### **§ 40:1269.4** Penalty {#sec-40-1269.4 omnilex-key=us-la-statutes--rs-title-40--40:1269.4}

Whoever violates any provisions of any rule or regulation of the department adopted
hereunder, shall be fined not more than one hundred dollars, or imprisoned for not more than
thirty days, or both, for each offense.

*Added by Acts 1954, No. 663, §1. Amended by Acts 1974, No. 601, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1278 by HCR 84 of 2015 R.S.*

#### **PART VI** REPORTING OF INFECTIOUS DISEASES

##### **§ 40:1271.1** Infectious diseases; notification {#sec-40-1271.1 omnilex-key=us-la-statutes--rs-title-40--40:1271.1}

A.(1) If, while treating or transporting an ill or injured patient to a hospital, an
emergency medical technician, paramedic, firefighter, police officer, or other person who is
employed by or voluntarily working with a firm, agency, or organization which provides
emergency treatment or transportation comes into direct contact with a patient who is
subsequently diagnosed as having untreated pulmonary tuberculosis or acute meningococcal
meningitis, or comes in contact with the blood or body fluid of a person who is subsequently
diagnosed as having acute hepatitis virus B infection, or is a chronic hepatitis B carrier, or
is infected with human immunodeficiency virus, the hospital receiving the patient shall notify
the appropriate firm, agency, or organization which shall notify its emergency medical
technician, paramedic, firefighter, police officer, emergency medical transportation service
employer, or other person treating or transporting the patient of the individual's exposure to
the infectious disease within forty-eight hours of confirmation of the patient's diagnosis and
shall advise same of the appropriate treatment, if any. Notification shall be made in a manner
that protects the confidentiality of the patient and the emergency medical technician,
paramedic, police officer, or other person treating or transporting the patient.

(2) Prior to October 30, 1988, the Louisiana Department of Health shall, in
accordance with the Administrative Procedure Act, promulgate rules and regulations for the
notification procedures required under the provisions of this Subsection.

B.(1) Whenever a patient is admitted to a hospital or nursing home by a physician,
and that physician has actual knowledge that the patient is infected with one or more of the
conditions described in Subsection A of this Section, and is aware of the transfer, the
physician shall notify the hospital or nursing home of the patient's condition.

(2) Whenever a patient is transferred from a nursing home to a hospital, or from a
hospital to a nursing home, and the transferor's records reflect that patient is infected with
one or more of the conditions described in Subsection A of this Section, the transferor shall
notify the transferee of the patient's condition.

(3) Whenever a patient is admitted to or treated at a hospital or nursing home and the
hospital or nursing home has actual knowledge that the patient is infected with one or more
of the conditions described in Subsection A of this Section, the hospital or nursing home
shall notify all healthcare providers involved in the treatment of that patient.

C. For purposes of this Subpart, "hospital" means any institution, place, building, or
agency, public or private, whether operated for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis, treatment, or care of persons
admitted for overnight stay or longer who are suffering from illness, injury, infirmity,
deformity, or other physical conditions for which obstetrical, medical, or surgical services
would be available and appropriate. The term "hospital" specifically includes any emergency
room or outpatient clinic operated in connection with a hospital as herein defined, whether
or not the patient is admitted for overnight stay.

*Acts 1987, No. 805, §1, eff. July 20, 1987; Acts 1988, No. 104, §1, eff. June 29, 1988; Acts 1991, No. 968, §1, eff. July 24, 1991; Acts 1993, No. 898, §1; Redesignated from R.S. 40:1099 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1271.2** Mandatory identification of infected corpses {#sec-40-1271.2 omnilex-key=us-la-statutes--rs-title-40--40:1271.2}

A. Each hospital, nursing home, and coroner which requests a funeral director or
embalmer to transport a corpse shall notify any such funeral director, embalmer, or a
representative thereof whenever there is actual knowledge that the corpse is infected with a
contagious disease. The hospital, nursing home, or coroner shall inform the funeral director,
embalmer, or representative thereof that the corpse is infected with a contagious disease
during the initial telephone communication requesting that the corpse be transported. Further
notification shall include a clearly visible, external tag that is readily discernible from other
identification markers and a written statement that clearly indicates the name of the
contagious disease or causative agent infecting or infesting said corpse. Such notification
shall be made in a manner that protects the confidentiality of the deceased and the funeral
director or embalmer handling the corpse.

B. The Louisiana Department of Health through the office of public health shall
promulgate rules and regulations to provide for the disposition by hospitals, nursing homes,
coroners, and other medical personnel of corpses infected with known contagious diseases
and to implement the provisions of this Section. Such regulations shall include, at a
minimum, a requirement that each hospital, nursing home, and coroner's office establish staff
procedures for implementing this law.

C. Whoever violates the provisions of this Section shall be fined not more than five
thousand dollars. Violation of the provisions of this Section shall constitute grounds for
suspension or revocation of the professional license or certificate of the violator or for other
disciplinary action by the respective professional regulatory board.

*Acts 1988, No. 668, §1; Redesignated from R.S. 40:1099.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1271.3** Infectious disease incidence among school-age children; public health emergencies; reporting of data {#sec-40-1271.3 omnilex-key=us-la-statutes--rs-title-40--40:1271.3}

During the pendency of any state of public health emergency declared in accordance
with R.S. 29:766 and relating to one or more infectious diseases, the Louisiana Department
of Health, office of public health shall publish, on a publicly accessible website, a report
updated not less than weekly, which provides the total number of children between the ages
of five and seventeen years in this state known to have been infected with each disease
addressed by the public health emergency declaration.

*Acts 2020, 2nd Ex. Sess., No. 20, §1, eff. Oct. 28, 2020.*

#### **PART VII** RIVER REGION CANCER SCREENING AND EARLY DETECTION DISTRICT

##### **§ 40:1273.1** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.1 omnilex-key=us-la-statutes--rs-title-40--40:1273.1}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1273.2** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.2 omnilex-key=us-la-statutes--rs-title-40--40:1273.2}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1273.3** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.3 omnilex-key=us-la-statutes--rs-title-40--40:1273.3}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1273.4** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.4 omnilex-key=us-la-statutes--rs-title-40--40:1273.4}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1273.5** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.5 omnilex-key=us-la-statutes--rs-title-40--40:1273.5}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1273.6** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.6 omnilex-key=us-la-statutes--rs-title-40--40:1273.6}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1273.7** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.7 omnilex-key=us-la-statutes--rs-title-40--40:1273.7}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1273.8** Repealed by Acts 2018, No. 661, §9(A). {#sec-40-1273.8 omnilex-key=us-la-statutes--rs-title-40--40:1273.8}

*Repealed by Acts 2018, No. 661, §9(A).*

##### **§ 40:1275** Redesignated to R.S. 40:1269.1 by HCR 84 of 2015 R.S. {#sec-40-1275 omnilex-key=us-la-statutes--rs-title-40--40:1275}

*Redesignated to R.S. 40:1269.1 by HCR 84 of 2015 R.S.*

#### **PART VIII** SEVERE HEAD INJURIES

##### **§ 40:1275.1** Statement of purpose {#sec-40-1275.1 omnilex-key=us-la-statutes--rs-title-40--40:1275.1}

The legislature hereby declares that severe head injuries represent one of the greatest
public health problems in the United States because of the frequency and potential for
causing lifelong disability. The legislature further recognizes that such injuries are not
randomly occurring events and traditional public health approaches to preventing diseases
may be applied successfully to preventing injuries as well. Recognizing that a rational
approach toward preventing serious public health problems cannot be accomplished without
data to document and monitor their occurrence, the legislature hereby provides for the
establishment of systematic data collection on severe head injuries by instituting a mandatory
reporting requirement for severe head injuries.

*Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.171 by HCR 84 of 2015 R.S.*

##### **§ 40:1275.2** Definitions {#sec-40-1275.2 omnilex-key=us-la-statutes--rs-title-40--40:1275.2}

For purposes of this Part, the following definitions shall apply:

(1) "Department" means the Louisiana Department of Health.

(2) "Office" means the office of public health, Louisiana Department of Health.

(3) "Severe head injury" means acute traumatic injury to the central nervous system
within the skull which is serious enough to cause significant long-term functional
impairment.

*Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.172 by HCR 84 of 2015 R.S.*

##### **§ 40:1275.3** Mandatory reporting requirement {#sec-40-1275.3 omnilex-key=us-la-statutes--rs-title-40--40:1275.3}

The office shall establish a central registry of persons with severe head injuries and
shall collect data on the nature, causes, and effects of severe head injuries. The office, by
rule, shall require appropriate health care professionals and health care facilities to report
severe head injuries to the central registry. The office shall provide for the analysis of such
data and for dissemination of such data and analysis for the purposes of prevention of severe
head injuries and care and support for persons with severe head injuries.

*Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.173 by HCR 84 of 2015 R.S.*

##### **§ 40:1275.4** Rules and regulations {#sec-40-1275.4 omnilex-key=us-la-statutes--rs-title-40--40:1275.4}

The department shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to implement the requirements of this Part.

*Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.174 by HCR 84 of 2015 R.S.*

##### **§ 40:1276** Redesignated to R.S. 40:1269.2 by HCR 84 of 2015 R.S. {#sec-40-1276 omnilex-key=us-la-statutes--rs-title-40--40:1276}

*Redesignated to R.S. 40:1269.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1277** Redesignated to R.S. 40:1269.3 by HCR 84 of 2015 R.S. {#sec-40-1277 omnilex-key=us-la-statutes--rs-title-40--40:1277}

*Redesignated to R.S. 40:1269.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1277.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1277.1 omnilex-key=us-la-statutes--rs-title-40--40:1277.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1278** Redesignated to R.S. 40:1269.4 by HCR 84 of 2015 R.S. {#sec-40-1278 omnilex-key=us-la-statutes--rs-title-40--40:1278}

*Redesignated to R.S. 40:1269.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1279.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1279.1 omnilex-key=us-la-statutes--rs-title-40--40:1279.1}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART XI** WATER AND SEWERAGE

#### **SUBPART A** WATER SUPPLY AND SEWERAGE SYSTEMS

##### **§ 40:1281.1** Definitions {#sec-40-1281.1 omnilex-key=us-la-statutes--rs-title-40--40:1281.1}

As used in this Subpart, the following terms have the meaning ascribed in this
Section:

(1) "Certificate" means a certificate of competency issued by the state health officer
stating that the operator has met the requirements for the specified operator classification as
defined by the state health officer under R.S. 40:1281.3.

(2) "Committee" means the committee of certification.

(3) "Louisiana conference" means the Louisiana Conference on Water Supply,
Sewerage and Industrial Wastes.

(4) "Operator" means the individual, as determined by the committee of certification,
in attendance on site of a water supply system or a sewerage system and whose performance,
judgment, and direction affects either the safety, sanitary quality, or quantity of water or
sewage treated or delivered.

(5) "Sewage collection system" means all components of a sewerage system except
for the sewage treatment plant.

(6) "Sewage treatment plant" means the facility or group of units provided for the
treatment of wastewater and for the reduction and handling of sludge removed from such
wastewater.

(7) "Sewerage system" means a system of piping and appurtenances, including
sewage treatment facilities, for collecting and conveying wastewater from source to
discharge.

(8) "State health officer" means the surgeon general appointed by the governor as
provided in R.S. 40:2.

(9) "Wastewater" means the spent water or sewage of a community containing the
liquid or water-carried wastes from residences, commercial buildings, and institutions along
with any groundwater, surface water, or storm water that may be commingled.

(10) "Water distribution system" means that portion of the water supply system in
which water is conveyed from the water treatment plant or other supply point to the premises
of the consumer.

(11) "Water production facility" means the system of water wells, impoundments
reservoirs, aqueducts, pumps, pipelines and other appurtenances necessary to produce and
deliver the water necessary for treatment and distribution to a community.

(12) "Water supply system" means the system of pipes, structures and facilities
through which water is obtained, treated and sold, distributed or otherwise offered to the
public for household or other uses.

(13) "Water treatment plant" means that portion of the water supply system which
in some way alters the physical, chemical, or bacteriological quality of the water.

*Acts 1972, No. 538, §1; Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §§1, 2, eff. Jan. 1, 1988; Redesignated from R.S. 40:1141 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2024, No. 739, §2, eff. June 19, 2024.*

##### **§ 40:1281.2** Committee of certification; appointment; terms; powers; duties; annual report; compensation {#sec-40-1281.2 omnilex-key=us-la-statutes--rs-title-40--40:1281.2}

A. The state health officer shall appoint a committee of certification to advise and
assist him in the administration of the certification program. The committee is charged with
the responsibility of conducting all work necessary to promote the certification program to
develop examinations, examine certificate candidates, and maintain records, and shall also
suggest to the secretary rules of procedure or policies required in performing its obligations
in conformity with the provisions of the Louisiana Administrative Procedure Act.

B. The committee shall consist of the following members whose terms shall
commence on September 1, 1972:

(1) Two members from a list of six recommended by the Louisiana conference who
are currently employed waterworks operators eligible for certificates of the highest
classification issued by the department and in the employ of a municipality. One member
shall be appointed initially for a two year term and one for a three year term, respectively.

(2) Two members from a list of six recommended by the Louisiana conference who
are currently employed as waterworks or sewerage works operators eligible for a certificate
of the highest classification issued by the department and in the employ of an investor owned
water or sewerage utility. One member shall be appointed initially for a two year term and
one for a three year term, respectively.

(3) Two members from a list of six recommended by the Louisiana conference who
are currently employed municipal sewage treatment plant operators eligible for certificates
of the highest classification issued by the department. One member shall be appointed
initially for a one year term and one for a four year term, respectively.

(4) Two members from a list of six recommended by the Louisiana Municipal
Association. One member shall be appointed initially for a one year term and one for a four
year term, respectively.

(5) One ex officio member representing the department. This member will be the
state sanitary engineer or a qualified member of his staff.

C. Each member of the committee, with the exception of the ex officio member from
the department, shall be appointed for a four year term except in the case of the initial
appointments which shall be for terms of one, two, three, and four years, as set out in
Subsection B above, so that not more than two appointments will expire in any one year.
Whenever a vacancy occurs on the committee by reason of the expiration of a term of service
as herein provided, the state health officer shall appoint a successor of like qualifications
from a list of names submitted by the original nominating group for the vacated position.
Wherever a vacancy shall occur on the committee for any reason prior to expiration of the
appointment term, the state health officer shall appoint a successor for the remainder of the
term in the same manner as regular appointments.

D. The committee shall elect from its membership a chairman and other necessary
officers. The department representative of the committee shall be responsible for
maintaining records and shall act as committee secretary.

E. The committee shall hold at least one examination each year for the purpose of
examining candidates for certification at a time and place designated by the committee.
Those applicants whose competency is acceptable to the committee shall be recommended
to the state health officer for certification. Additional meetings may be called by the
chairman or the state health officer as may be necessary to carry out the provisions of this
Subpart. Five members shall constitute a quorum.

F. The committee shall fix and accept fees on a per person basis for examinations
and for issuance, renewal, reinstatement, or reciprocation of certificates according to the
schedule of fees that it may adopt. However, the fee per person collected for examinations
or certifications, including but not limited to a fifth certification in the fields of water or
sewerage, in connection with training conducted at a university shall be twenty-five dollars.
All or a portion of fees collected at a university may be retained by the university pursuant
to an agreement with the department. In no case will the total fees paid by private Louisiana-domiciled corporations exceed five hundred dollars. The fee authorized in this Subsection
shall not apply to an individual who owns an on-site individual waste water system of one
thousand five hundred gallons per day or smaller.

G. The committee shall maintain all funds collected in a separate account and shall
use these funds in the administration of this Subpart; it shall prepare an annual report to be
submitted to the undersecretary of the department, showing its financial and operational
activities. The committee may use the office of management and finance of the department
and may reimburse the department for such services as it may render.

H. The committee members shall serve without pay. Travel and subsistence
expenses incidental to attending committee meetings shall be reimbursed at the same rate as
for regular employees of the department. The domicile of the committee shall be the same
as the Louisiana Department of Health.

*Acts 1972, No. 538, §2. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Acts 2005, No. 270, §1; Redesignated from R.S. 40:1142 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.3** Classification of water and sewerage facilities {#sec-40-1281.3 omnilex-key=us-la-statutes--rs-title-40--40:1281.3}

Within one hundred twenty days of adoption of this Subpart*, the state health officer
will classify all water production facilities, water treatment plants, water distribution systems,
sewage collection systems, and sewage treatment plants actually used or intended for use by
the public with due regard to the size, type, character of water or wastewater to be treated,
and other physical conditions affecting such treatment plants and collection or distribution
systems and prescribe the skill, knowledge, and experience that the operator in charge must
have to supervise successfully the operation of the facilities so as to protect the public health,
prevent unlawful pollution, and protect the water resources of the state.

Acts 1972, No. 538, §3; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from
R.S. 40:1143 by HCR 84 of 2015 R.S.

*AS APPEARS IN ENROLLED ACT.

##### **§ 40:1281.4** Responsibility for operator certification {#sec-40-1281.4 omnilex-key=us-la-statutes--rs-title-40--40:1281.4}

The state health officer shall upon recommendations of the committee certify persons
as to their qualifications to supervise successfully the operation of such water supply and
sewerage systems.

*Acts 1972, No. 538, §4; Redesignated from R.S. 40:1144 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.5** Operator certificates; display; renewal; revocation; termination {#sec-40-1281.5 omnilex-key=us-la-statutes--rs-title-40--40:1281.5}

A. The state health officer shall issue certificates attesting to the competency of
operators based on the recommendations of the committee of certification. The certificate
shall indicate the classification of works which the operator is qualified to supervise.

B. Certificates shall be prominently displayed in the office of the operator.

C. Certificates shall continue in effect as long as renewal fees are paid and minimum
standards maintained, unless suspended or revoked by the state health officer upon due notice
and after hearing by and upon recommendation of the committee.

D. The state health officer may revoke the certificate of an operator, following a
hearing by and upon recommendation of the committee when it is found that the operator has
practiced fraud, or deception; that reasonable care, judgment or the application of his
knowledge or ability was not used in the performance of his duties; or that the operator is
incompetent or unable properly to perform his duties.

E. The certificates of operators who terminate their employment at a treatment plant
or water distribution system will remain valid for two years. After two years, the certificate
will be automatically invalidated. Operators whose certificates are invalidated under this
section may be issued new certificates of a like classification provided appropriate proof of
competency is presented to the committee. Successful completion of an examination may
be required at the discretion of the committee.

*Acts 1972, No. 538, §5; Redesignated from R.S. 40:1145 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.6** Qualification by reciprocity {#sec-40-1281.6 omnilex-key=us-la-statutes--rs-title-40--40:1281.6}

The state health officer, upon application therefor and recommendation of the
committee may issue a certificate, without examination, in a comparable classification to any
person who holds a certificate in any state, territory or possession of the United States or any
country providing the requirements for certification of operators under which the person's
certificate was issued do not conflict with the provisions of this Subpart and are of a standard
not lower than that specified by regulations adopted under this Subpart and providing further
that reciprocal privileges are granted by said state, territory, or possession to certified
operators of this state.

*Acts 1972, No. 538, §6; Redesignated from R.S. 40:1146 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.7** Certification of present practitioners; temporary certification {#sec-40-1281.7 omnilex-key=us-la-statutes--rs-title-40--40:1281.7}

A. Certificates in appropriate classification will be issued to operators, who on the
effective date of this Subpart, hold certificates of competency attained by examination under
the voluntary certification program now being administered by the Louisiana Department of
Health and the Louisiana Conference on Water Supply, Sewerage, and Industrial Wastes,
upon application to the committee within eighteen months after the effective date of this
Subpart and payment of the certification fees prescribed by the committee.

B. All operators employed in charge of water supply or sewerage systems on the
effective date of this Subpart*, and who do not hold voluntary or other qualifying certificates,
and who apply to the committee within twelve months of the effective date of this Subpart*
and pay the prescribed certificate fees, shall be granted an operator's limited certificate,
which shall be valid only for the system in which the operator is employed and for the
conditions of operation and duties involved on the effective date of this Subpart*. Limited
certificates shall be renewable upon application, provided the requirements for renewal
without reexamination for certificate of even grade are satisfied. Persons granted limited
certificates and renewals of limited certificates shall pay the same fees as are fixed for regular
certificates of like grade.

C. Any person appointed to replace or succeed a water supply system or sewage
system operator after the effective date of this Subpart may be issued a temporary certificate
upon application to the committee and payment of the same fees as are specified for limited
certificates. Any such person shall be required to obtain a regular certificate of the class
commensurate with his duties within a period of twenty four months after the date on which
a temporary certificate is issued.

Acts 1972, No. 538, §7, eff. July 26, 1972, at 12 o'clock noon. Amended by Acts
1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated
from R.S. 40:1147 by HCR 84 of 2015 R.S.

*AS APPEARS IN ENROLLED ACT.

##### **§ 40:1281.8** Rulemaking authority {#sec-40-1281.8 omnilex-key=us-la-statutes--rs-title-40--40:1281.8}

The secretary of the Louisiana Department of Health, in accordance with any other
appropriate state law, shall make such rules and regulations as are necessary to carry out the
intent of this Subpart. The rules and regulations shall include, but not be limited to,
provisions establishing the bases for classification of water production facilities, water
treatment plants, water distribution systems, sewage collection systems, and sewage
treatment plants, and prescribing the skill, knowledge, and experience that the operator in
charge must have to supervise successfully the operation of such facilities, and such other
provisions as may be necessary for the administration of this Subpart.

*Acts 1972, No. 538, §8. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from R.S. 40:1148 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.9** Certified operator required; exceptions {#sec-40-1281.9 omnilex-key=us-la-statutes--rs-title-40--40:1281.9}

A. On or after one year following the effective date of this Subpart, it shall be
unlawful for any person, firm, or corporation, both municipal and private, operating a water
supply system or sewerage system to operate same unless the competency of the operator is
duly certified to by the state health officer under the provisions of this Subpart. Furthermore,
it shall be unlawful for any person to perform the duties of an operator, as defined herein,
without being duly certified under the provisions of this Subpart.

B. Surface water systems shall have a certified operator present at all times while the
treatment facility is in operation.

C. The requirements of Subsection B of this Section shall not apply to systems which
serve less than ten thousand persons and which utilize automated operation systems which
monitor system operation, record all required readings, notify the operator in the event of a
system upset or failure, and allow the operator to remotely control or shut down the system.

D. The requirements of this Section shall not apply to municipal and public works
contractors and other related classifications of contractor properly licensed by the Louisiana
State Licensing Board for Contractors who construct water, sewer, or drainage line work.
Such contractor shall not be required by any public entity to apply for or maintain a Class IV
Certified Water System Operator Certificate or Wastewater Collection Operator Certificate
as a condition of bidding, obtaining permits, or constructing water, sewer, or drainage line
work.

E. The Sewerage and Water Board of New Orleans shall be allowed to require their
municipal and public works contractors and other related classifications of contractors
properly licensed by the Louisiana State Licensing Board of Contractors who construct,
install or repair water, sewer or drainage line work to successfully complete a course
provided and approved by the Sewerage and Water Board of New Orleans or the Louisiana
Department of Health, which includes, but is not limited to all of the following:

(1) The practices involved in the installation and the rehabilitation of the wastewater
collection system including gravity sewers, sewer service lines, sewer force mains and
manholes.

(2) Water distribution system including valves, a network of pipes, water service
lines, meters and fire hydrants.

*Acts 1972, No. 538, §9; Acts 2005, No. 236, §1; Acts 2008, No. 112, §1; Acts 2008, No. 421, §1, eff. June 21, 2008; Acts 2008, No. 551, §1, eff. June 30, 2008; Redesignated from R.S. 40:1149 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.10** Penalties {#sec-40-1281.10 omnilex-key=us-la-statutes--rs-title-40--40:1281.10}

Whoever violates any provision of this Subpart shall be guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of one hundred dollars or by imprisonment in
the parish jail for not more than ten days, or by both fine and imprisonment, and each day of
operation in violation of this Subpart shall constitute a separate offense.

*Acts 1972, No. 538, §10; Redesignated from R.S. 40:1150 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.11** Exemptions, exceptions, and exclusions {#sec-40-1281.11 omnilex-key=us-la-statutes--rs-title-40--40:1281.11}

The secretary shall provide by rule promulgated in accordance with the provisions
of the Administrative Procedure Act for exemptions from the application of this Subpart
relative to the certification of water supply and sewerage system operators. Such exemptions
shall be authorized only if and to the extent that they are in conformity with and are required
by federal guidelines pertaining to such operators.

*Acts 1972, No. 538, §11; Acts 1986, No. 983, §2, eff. Jan. 1, 1988; Acts 1991, No. 279, §1; Acts 1999, No. 394, §2; Redesignated from R.S. 40:1151 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.12** Community water systems; complaint records; review of records by state health officer {#sec-40-1281.12 omnilex-key=us-la-statutes--rs-title-40--40:1281.12}

A.(1) Each community water system shall maintain a record of each complaint it
receives by telephone, letter, or electronic mail from customers or users. The record of each
complaint shall include the date the complaint was received, the service connection to which
the complaint relates, the name of the customer or user making the complaint and associated
contact information, and a brief description of the complaint. The log containing the record
shall also include documentation of corrective actions that the community water system has
implemented with respect to the matters detailed in the complaint.

(2) The community water system shall retain the complaint records required by the
provisions of this Subsection for at least five years, and shall make the records available to
the Louisiana Department of Health upon request and without charge.

B.(1) If the state health officer or his designee reviews a complaint record provided
for in this Section and, based upon the results of the review, recommends that any board
member, owner, officer, or operator of a community water system, or any combination of
these personnel, undertake an appropriate training course incorporating topics concerning
proper customer service, customer relations, public relations, or related matters, then the
personnel identified by the state health officer or his designee shall be required to undertake
such training.

(2) The training provided for in this Subsection may be delivered by the state, a
contractor of the state, or a state-recognized trainer.

C. If the state health officer deems it necessary, he may require any community water
system to implement a demonstrated flushing program.

D. For the purposes of this Section, "community water system" shall have the
meaning ascribed in R.S. 40:5.8.

*Acts 2018, No. 292, §1.*

#### **SUBPART B** SEWAGE AND SEWERAGE

##### **§ 40:1281.21** Secretary; powers; sewage discharges; certain waters {#sec-40-1281.21 omnilex-key=us-la-statutes--rs-title-40--40:1281.21}

A. The secretary shall establish such standards, guidelines, or criteria as he deems
necessary or appropriate to prohibit, control, or abate the discharge of untreated or
improperly treated sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine
River, and their drainage basins, and into all estuaries, streams, canals, and water courses
within the state which empty into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine
River, or their drainage basins. However, the secretary may not authorize any such
discharges into the Mississippi River.

B. The secretary shall ascertain and determine the sufficiency of the sewage
treatment of commercial and residential dwellings, including camps, which drain or empty
into any of the waters described in Subsection A of this Section.

C. The secretary shall adopt and promulgate rules and regulations consistent with the
general intent and purposes of this Subpart, in accordance with the Administrative Procedure
Act, to prevent water pollution of any of the waters described in Subsection A of this
Section, from untreated or improperly treated sewage, notwithstanding any other provision
of law establishing any special sewage or water districts or commissions.

*Acts 1991, No. 300, §1; Acts 1993, No. 681, §1; Acts 1999, No. 289, §§1, 2; Redesignated from R.S. 40:1152 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.22** Sewage discharges; prohibitions; penalties {#sec-40-1281.22 omnilex-key=us-la-statutes--rs-title-40--40:1281.22}

A. No person shall cause or allow to be discharged untreated or improperly treated
sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage
basins, and into all estuaries, streams, and water courses within the state which empty or
drain into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage
basins, in contravention of any of the rules or regulations authorized and adopted pursuant
to R.S. 40:1281.21.

B.(1) When an inspection discloses a violation of this Section, the state health officer
or his duly authorized representative shall notify the responsible party of the violation and
give them an opportunity to correct the noted deficiencies. If upon reinspection, the violation
is noted to still exist, the state health officer is hereby authorized, in accordance with the
Administrative Procedure Act, to issue a civil compliance order directing the responsible
party to correct the violations noted and/or impose a fine of one hundred dollars per day for
each day the violation has not been corrected, not to exceed ten thousand dollars. If a fine
is imposed, the fine shall commence on the day following the date specified for compliance
in the civil compliance order issued by the state health officer.

(2) All fines imposed under this Section shall be payable to the office of public
health of the Louisiana Department of Health.

(3) In accordance with the Administrative Procedure Act, the aggrieved party,
following a hearing and orders issued pursuant thereto, may petition a district court for
judicial review of the administrative proceeding.

(4) If a civil action is necessary to recover fines imposed in this Section, the offender
shall be liable for the amount of the fine, legal interest from the date of assessment, and all
costs of recovery, including reasonable attorney fees and court costs. It shall be the duty of
the Bureau of Legal Services of the Louisiana Department of Health to initiate all civil action
in recovering said fines.

*Acts 1991, No. 300, §1; Acts 1993, No. 681, §1; Acts 1999, No. 289, §2; Redesignated from R.S. 40:1153 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.23** Sewage treatment systems; effluent limiters or reducers; disinfectants {#sec-40-1281.23 omnilex-key=us-la-statutes--rs-title-40--40:1281.23}

A. All new and reconditioned sewage treatment systems with a capacity up to and
including one thousand five hundred gallons per day that produce an effluent and, by design,
do not significantly limit or reduce the amount of offsite effluent, shall include an effluent
limiter or reducer approved by the Louisiana Department of Health.

B. All new and reconditioned sewage treatment systems with a capacity up to and
including one thousand five hundred gallons per day that produce an effluent shall have a
means of or device for disinfecting such effluent, approved by the Louisiana Department of
Health. Such disinfection systems shall be exempt from any requirements for minimum
contact chamber volumes unless the addition of formal disinfection is specifically required
as part of a permit issued by the Louisiana Department of Health or the Department of
Environmental Quality.

*Acts 1995, No. 505, §1, eff. June 18, 1995; Acts 1999, No. 289, §3; Acts 2001, No. 821, §1; Redesignated from R.S. 40:1154 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.24** Approval of individual sewage treatment and disposal systems {#sec-40-1281.24 omnilex-key=us-la-statutes--rs-title-40--40:1281.24}

No parish, municipality, or planning commission shall enact a sewerage permit
ordinance or similar regulation authorizing the installation of individual sewage treatment
and disposal systems without written approval by the office of public health of the Louisiana
Department of Health.

*Acts 1985, No. 569, §2, eff. July 12, 1985; Acts 1999, No. 289, §4; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1155 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.25** Installation and maintenance of individual aerobic sewage treatment systems by homeowners; waiver of fees {#sec-40-1281.25 omnilex-key=us-la-statutes--rs-title-40--40:1281.25}

A. A homeowner who wishes to perform the installation of an individual aerobic
sewage treatment system in his own home himself may do so only after satisfying any
installation education requirements, certification or licensure requirements, or any other
requirements under rules and regulations promulgated by the Louisiana Department of Health
on that subject. However, if a homeowner does so wish to become certified to safely install
an individual aerobic sewage treatment system in his own home, the department shall waive
any and all fees usually charged commercial installers of such systems.

B. A homeowner who wishes to perform maintenance of his own individual aerobic
sewage treatment system which services his home, after completing the department's
homeowner maintenance certification program and license requirements, shall be exempt
from the requirement of obtaining an endorsement from the manufacturer for the brand of
plant the homeowner wishes to maintain. However, nothing in this Section shall be
construed to exempt the homeowner from the requirement to install appropriate, approved
replacement components when such are required to maintain the performance of the system.
A homeowner who maintains his own aerobic sewage treatment system shall be responsible
for the system's proper operation.

*Acts 1999, No. 289, §1; Acts 2003, No. 8, §1; Redesignated from R.S. 40:1156 by HCR 84 of 2015 R.S.*

##### **§ 40:1281.26** Individual sewerage systems; temporary waiver; enforcement {#sec-40-1281.26 omnilex-key=us-la-statutes--rs-title-40--40:1281.26}

A. The Louisiana Department of Health, office of public health, shall temporarily
waive applicable requirements of LAC 51:XIII.101 et seq. regarding individual sewerage
systems pending the construction of a community sewerage system for properties located
within the boundaries of any parish with a population between six thousand eight hundred
and six thousand nine hundred according to the latest federal decennial census.

B. The temporary waiver of individual sewerage system regulations for properties
within a qualifying jurisdiction pursuant to Subsection A of this Section shall be granted only
under the following conditions:

(1) All permits and authorizations issued by the Louisiana Department of Health,
office of public health, for new or existing onsite sewerage treatment shall become invalid
upon completion of a community sewerage treatment system.

(2) The property owner or designated agent shall sign an agreement acknowledging
that the waiver is temporary and that the owner shall be required to connect to the community
sewerage system upon its availability.

(3) Each waiver shall require five thousand square feet of contiguous property, with
a current property survey by a Louisiana-registered land surveyor, and a minimum of four
property corners that are visibly staked.

(4) Only one habitable structure shall be authorized for parcels of property meeting
the requirements set forth in Paragraph (3) of this Subsection.

(5) Permits for new individual sewerage treatment systems shall be contingent upon
adherence to Paragraphs (3) and (4) of this Subsection, and shall require the installation of
an aerobic treatment unit that includes the appropriate required effluent reduction field.

(6) Authorization or approvals to use permitted existing individual sewerage
treatment systems shall be contingent upon the owner's providing the Louisiana Department
of Health, office of public health, with written and signed documentation from a Louisiana
licensed sewerage installer or maintenance provider which declares the system is operable
and will function as designed.

(7) Individual sewerage systems that produce a discharge shall be required to provide
appropriate effluent disinfection prior to effluent reduction field.

C. The parish or any municipality within the parish may provide appropriate
enforcement mechanisms to prohibit persons who own property within the boundaries of the
parish from doing any of the following:

(1) Connecting multiple habitable structures to an individual sewerage system.
However, two recreational vehicles, as defined in Subsection D of this Section, may connect
to one individual sewerage system if the system is permitted by the Louisiana Department
of Health and the rated capacity of the system is not exceeded.

(2) Allowing an individual sewerage system to cause or create a nuisance or public
hazard.

(3) Refusing to connect to the community sewerage system after its availability.

(4) Refusing to properly abandon an individual sewerage system upon connection
to the new completed community sewer system.

D.(1) For purposes of this Section, "recreational vehicle" means a motorized or
towable vehicle that combines transportation and temporary living quarters.

(2) For purposes of this Section, the term "recreational vehicle" shall not include a
mobile home, a dwelling known commonly as a "Katrina cottage", a dwelling known
commonly as a "tiny house", a movable house, or any other living quarters designed or
intended to have the wheels removed in connection with placement on a lot or parcel of land.

*Acts 2016, No. 439, §2; Acts 2021, No. 226, §1, eff. June 14, 2021.*

#### **SUBCHAPTER B** ENVIRONMENTAL HEALTH

#### **PART I** ENVIRONMENTAL HEALTH SURVEILLANCE SYSTEM

##### **§ 40:1283.1** Purpose {#sec-40-1283.1 omnilex-key=us-la-statutes--rs-title-40--40:1283.1}

A. It is the intent of the legislature to establish an Environmental Health Surveillance
System (EHSS) in accordance with this Part. The purpose of the EHSS shall be to establish
ongoing surveillance of the environmental factors, including physical, chemical, biological,
and social factors and diseases affecting the citizens of this state, with a focus on disease
trends and research. The Board of Regents is hereby requested to cooperate with the division
and the office in establishing the EHSS.

B. The objectives of the EHSS are as follows:

(1) To track and evaluate environmental factors, including physical, chemical,
biological, and social factors, that may play a role in the development of certain chronic
diseases.

(2) To develop data in a standardized format for optimal use with other public health
databases and to allow government, university, and public health officials to develop
hypotheses for research on the potential impact of environmental factors on chronic diseases.

(3) To provide information to the Louisiana Department of Health, the Department
of Environmental Quality, or any other relevant public or private entity for the development
of appropriate preventive strategies.

*Acts 2003, No. 666, §1; Redesignated from R.S. 40:1300.171 by HCR 84 of 2015 R.S.*

##### **§ 40:1283.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-1283.2 omnilex-key=us-la-statutes--rs-title-40--40:1283.2}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART II** LEAD POISONING PREVENTION AND CONTROL

##### **§ 40:1285.1** Establishment of lead poisoning prevention program {#sec-40-1285.1 omnilex-key=us-la-statutes--rs-title-40--40:1285.1}

The Louisiana Department of Health shall establish a program for the prevention,
screening, diagnosis, and treatment of lead poisoning in its office of public health. This
program shall, to the extent permitted by appropriations, provide for the prevention of lead
poisoning through public and professional education; shall ensure the availability of
screening, diagnosis, and treatment relative to lead poisoning of children under the age of six
years and persons deemed at risk by the state health officer; and shall advocate for the
abatement of sources of lead when appropriate. The program shall not apply to those persons
having religious objections to the examination. The office of public health shall promulgate
rules and regulations to implement this program.

*Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.21 by HCR 84 of 2015 R.S.*

##### **§ 40:1285.2** Collaboration with other organizations {#sec-40-1285.2 omnilex-key=us-la-statutes--rs-title-40--40:1285.2}

The state health officer or his designee may contract with a public agency or a
university or collaborate with any agencies, individuals, or groups for the provision of
necessary services, the development of educational programs, scientific research, and
detection and abatement of sources of lead poisoning, subject to appropriations, and shall
promulgate and from time to time amend such rules and regulations as may be necessary.

*Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.22 by HCR 84 of 2015 R.S.*

##### **§ 40:1285.3** Mandatory reporting of lead poisoning cases required; comprehensive records {#sec-40-1285.3 omnilex-key=us-la-statutes--rs-title-40--40:1285.3}

A. Any local health officer, health unit supervisor, examining physician, hospital,
public health nurse, or reporting person shall report to the state health officer or his designee
the existence and circumstances of each case of lead poisoning known to him and not
previously reported. Such reports shall be made on forms prescribed by the state health
officer or his designee. The state health officer shall by regulation, and in accordance with
current technical knowledge and guidelines of the United States Centers for Disease Control
and Prevention, United States Environmental Protection Agency, and United States
Department of Housing and Urban Development, define the terms "lead poisoning" and
"previously reported" and what constitutes hazardous lead conditions in the environment.

B. When the state health officer or his designee is informed of a case of lead
poisoning pursuant to Subsection A of this Section or otherwise, he shall strongly encourage
the examination of all other children under the age of six years, and all other persons deemed
at risk by the state health officer or his designee, residing or recently residing in the
household of the person with lead poisoning. The results of such examinations shall be
reported to the persons or agency reporting the original case pursuant to Subsection A of this
Section, and to such other persons or agencies as the state health officer or his designee
deems advisable.

*Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.23 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1285.4** Program for detection of lead poisoning sources; voluntary and compulsory inspections; posting dangerous areas; mandatory physical examinations {#sec-40-1285.4 omnilex-key=us-la-statutes--rs-title-40--40:1285.4}

A.(1) The state health officer or his designee shall establish a comprehensive
program for detection of sources of lead poisoning. Such program shall attempt, to the extent
permitted by appropriations, to locate all dwellings in which the paint, plaster, or other
accessible substance contains dangerous amounts of lead. The means of detection and the
amount of lead that produces the danger of lead poisoning shall be determined by regulation
by the state health officer in accordance with current technical knowledge and guidelines of
the United States Centers for Disease Control and Prevention, United States Environmental
Protection Agency, and United States Department of Housing and Urban Development.

(2) Such programs of detection shall, to the extent that all appropriate dwellings are
not inspected, give priority in inspections to those dwellings located in areas where
significant numbers of lead poisoning cases have recently been reported, and in which
children under the age of six years or other persons deemed at risk by the state health officer
or his designee reside.

B. When the state health officer or his designee is informed of a case of lead
poisoning pursuant to this Part, or otherwise, he shall cause to have inspected the dwelling
in which the person with lead poisoning resides, or has recently resided, if the occupants of
said dwelling consent, after reasonable notice, to such inspection. The findings of such
inspection shall be reported to the state health officer or his designee and to the appropriate
enforcement authorities provided in R.S. 40:1285.9.

C. A dangerous level of lead found in a dwelling inspected pursuant to this Section,
or otherwise, shall be reported immediately to the owner of the building or to his duly
appointed representative, all affected tenants, the appropriate enforcement authorities set out
in R.S. 40:1285.9, and the state health officer or his designee. The state health officer or his
designee shall inform such other persons or agencies as he deems advisable, and shall cause
to have prominently posted on the main entrance to said dwelling a notice that the dwelling
contains dangerous amounts of lead paint or other lead materials and that children under the
age of six years and persons deemed at risk should not be allowed to reside in said dwelling.
Such notice may not be removed until all premises have been found to comply with R.S.
40:1285.7. Unauthorized intentional removal of the notice shall subject the offender to a fine
of five hundred dollars.

D. When a dangerous level of lead is found in a dwelling inspected pursuant to this
Part, or otherwise, the state health officer or his designee shall cause to have examined all
children under the age of six years and other persons as he may find advisable to examine,
residing or who have recently resided in said dwelling. The results of such examinations
shall be reported to the state health officer or his designee, the affected individual, and his
parent or legal guardian. The state health officer or his designee shall inform such other
persons or agencies as he deems advisable.

*Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.24 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1285.5** Designation of high-risk areas {#sec-40-1285.5 omnilex-key=us-la-statutes--rs-title-40--40:1285.5}

The Louisiana Department of Health, after consultation with representatives from the
state's medical schools and analysis of childhood blood lead surveillance, housing, and
Medicaid data, shall identify geographic areas in the state and establish those areas as high-risk for lead poisoning. Based upon the analysis of data by the Louisiana Department of
Health, blood lead screening of children of certain ages residing in these identified areas shall
be mandated by rules adopted in accordance with the Administrative Procedure Act. The
office of public health shall promulgate rules and regulations to implement the specific
policies and procedures for mandated childhood blood lead screening.

*Acts 2004, No. 893, §1; Redesignated from R.S. 40:1299.25 by HCR 84 of 2015 R.S.*

##### **§ 40:1285.6** Sale and use of lead-based paint and other similar lead-based surface coating material restricted; penalties {#sec-40-1285.6 omnilex-key=us-la-statutes--rs-title-40--40:1285.6}

A. No person shall knowingly sell, offer for sale, apply or cause to be applied lead-based paint or similar surface coating material, manufactured after the effective date of this
Section, intended for use of the following surfaces or articles:

(1) Interior surfaces of any dwelling,

(2) Exterior surfaces of any dwelling such as window sills, porches, stairs or railings,
to which children under six years of age may be commonly exposed,

(3) Toys or other articles intended for use by children,

(4) Residential furniture and fixtures that can be readily chewed by children, and

(5) Cooking, eating and drinking utensils.

B.(1) No person shall knowingly sell or offer for sale any other lead-based paint or
similar surface coating material that may be purchased by the general public unless the
container is clearly labeled as to its intended use and bears on the principal display panel the
word "WARNING" and the following statement: "Contains lead. Dried film of this paint
may be harmful if eaten or chewed."

(2) The following cautionary statement, or its practical equivalent, shall be placed
on the label but need not be part of the warning statement on the principal display panel:

"Do not apply on toys and other children's articles, furniture, or interior surfaces of
any dwelling. Do not apply on those exterior surfaces of any dwelling, such as window sills,
porches, stairs, or railings, to which children may be commonly exposed. Keep Out Of The
Reach of Children."

(3) The type size of this labeling shall be in accordance with the requirements for
precautionary labeling under the Federal Hazardous Substances Act, 15 U.S.C. §1260 (1970).

C. No person shall knowingly sell, expose for sale, deliver, give away or possess
with intent to sell, deliver or give away, any toy or other article intended for use by children,
residential furniture, cooking, drinking or eating utensil manufactured after January 1, 1973
to which any lead-based paint or similar surface coating material has been applied.

D. Any paint or other similar surface coating material shall be deemed to be lead-based when it contains lead compounds in excess of the Federal standard for lead content in
residential paints established under Federal laws and regulations.

E. Any person who violates the provisions of this Section shall be punished by a fine
of not less than one hundred dollars nor more than five hundred dollars for each violation.
Any person who willfully violates the provisions of this Section shall be punished by
imprisonment for not more than three months for each violation.

F. Any article of personal property in violation of this Section may be embargoed by
the state health officer.

G. This Section shall become effective on January 1, 1973.

*Added by Acts 1972, Ex.Sess., No. 16, §2. Acts 1988, No. 626, §1; Redesignated from R.S. 40:1299.26 by HCR 84 of 2015 R.S.*

##### **§ 40:1285.7** Safety precautions; procedures for removal and repainting {#sec-40-1285.7 omnilex-key=us-la-statutes--rs-title-40--40:1285.7}

A. Whenever a child or children under six years of age or person with an intellectual
disability resides in any residential premises in which any paint, plaster, or other accessible
materials contain dangerous levels of lead as defined pursuant to the provisions of this Part,
after notification by the state health officer or his representative, the owner shall remove or
cover said paint, plaster, or other material so as to make it inaccessible to children under six
years of age or persons with intellectual disabilities. Whenever any such residential premises
containing said dangerous levels of lead undergoes a change of ownership and as a result
thereof, a child under six years of age or a person with an intellectual disability will become
a resident therein, the new owner shall remove or cover said paint, plaster, or other material
so as to make it inaccessible to such child or person.

B. Repainting with nonlead based paint, without removal of the offending paint,
plaster, or other material shall not constitute compliance with this Section. Such removal or
covering shall be performed as follows:

(1) All peeling paint, plaster or other material, on both interior and exterior surfaces
and fixtures, shall be removed or adequately covered.

(2) Paint, plaster, or other material that is not peeling shall be removed or covered
on window sills; door frames; windows, including mullions; stair rail spindles; stair treads;
doors; stair rails; porch railings, and all other exterior and interior surfaces or fixtures that
may be readily chewed by children or persons with intellectual disabilities.

C. This duty shall apply to every owner of residential premises whenever a child
under six years of age or a person with an intellectual disability resides therein or whenever
such premises undergoes a change of ownership and as a result thereof a child under six
years of age or person with an intellectual disability shall reside therein, whether or not his
premises have been inspected pursuant to R.S. 40:1285.4 or otherwise. The provisions of
this Section shall be strictly construed and enforced so as to best protect the safety of
residents of such dwellings.

D. Every owner of residential premises who violates the provisions of this Section
shall commence correction of the condition constituting the violation within fifteen days after
notification of the violation, which project shall be completed within thirty days.

*Added by Acts 1972, No. 371, §1. Acts 1988, No. 626, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.27 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

##### **§ 40:1285.8** Lead-free pipe, fitting, fixture, solder, or flux; exclusions; definitions {#sec-40-1285.8 omnilex-key=us-la-statutes--rs-title-40--40:1285.8}

A.(1) No person shall use any pipe, pipe or plumbing fitting or fixture, solder, or flux
that is not lead free in the installation or repair of any public water system or any plumbing
in a facility providing water for human consumption, except when necessary for the repair
of leaded joints of cast iron pipes.

(2) No person shall introduce into commerce any pipe, pipe or plumbing fitting, or
fixture intended to convey or dispense water for human consumption through drinking or
cooking that is not lead free, including kitchen faucets, bathroom faucets, and any other
end-use devices intended to convey or dispense water for human consumption through
drinking or cooking.

(3) The provisions of this Subsection shall not apply to the following:

(a) Pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers,
that are used exclusively for nonpotable services such as manufacturing, industrial
processing, irrigation, outdoor watering, or any other uses where the water is not anticipated
to be used for human consumption.

(b) Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves,
showers, safety shower flushes, service saddles, or water distribution main gate valves that
are two inches in diameter or larger.

(c) Materials purchased or acquired by public water systems prior to January 1, 2013.

B.(1) No person engaged in the business of selling plumbing supplies, except a
manufacturer, shall sell solder or flux that is not lead free.

(2) No person shall introduce into commerce any solder or flux that is not lead free
unless the solder or flux bears a prominent label stating that it is illegal to use the solder or
flux in the installation or repair of any plumbing providing water for human consumption.

C. For the purposes of this Section, "lead free" means not more than 0.2 percent lead
when used with respect to solder and flux and not more than a weighted average of 0.25
percent when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing
fittings, and fixtures. The weighted average lead content of a pipe and pipe fitting, plumbing
fitting, and fixture shall be calculated by using the following formula: The percentage of
lead content within each component that comes into contact with water shall be multiplied
by the percent of the total wetted surface of the entire pipe and pipe fitting, plumbing fitting,
or fixture represented in each component containing lead. These percentages shall be added
and the sum shall constitute the weighted average lead content of the pipe and pipe fitting,
plumbing fitting, or fixture.

D. All pipe, pipe or plumbing fittings or fixtures, solder, or flux shall be certified by
an independent American National Standards Institute (ANSI) accredited third party as being
in compliance with this Section.

E. The Louisiana Department of Health shall promulgate rules and regulations
implementing the provisions of this Section.

*Acts 2011, No. 362, §1, eff. Jan. 1, 2013; Redesignated from R.S. 40:1299.27.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1285.9** Violations; enforcement {#sec-40-1285.9 omnilex-key=us-la-statutes--rs-title-40--40:1285.9}

A. Any violation of R.S. 40:1285.6, 1285.7, or 1285.8 may be treated by any party
as a violation of the state, municipal, or parochial health codes and all procedures and
remedies applicable to such violations of the codes shall be available to correct, deter, or
punish violations of the provisions. The district and appellate courts shall have jurisdiction
to enforce the provisions to the same extent that the courts have jurisdiction to enforce the
codes.

B. All local health officers, health unit supervisors, or other code enforcement
agencies shall enforce R.S. 40:1285.6, 1285.7, and 1285.8 in the same manner and with the
same authority as they may enforce the health code.

C. The state health officer shall have concurrent responsibility and authority to
enforce R.S. 40:1285.6, 1285.7, and 1285.8 and in so doing shall have available to him all
powers and authority which shall be available to local health officers and health unit
supervisors. The state health officer's responsibility with respect to objects sold or placed
into commerce in violation of R.S. 40:1285.8 is limited to those instances where the state
officer or his personnel are notified of such violation.

D. Violations of R.S. 40:1285.6, 1285.7, and 1285.8 shall be treated as emergency
matters, and shall be given preference by enforcing agencies and speedy hearings by district
and appellate courts.

*Added by Acts 1972, No. 371, §1. Acts 1988, No. 626, §1; Acts 2011, No. 362, §1, eff. Jan. 1, 2013; Redesignated from R.S. 40:1299.28 by HCR 84 of 2015 R.S.*

##### **§ 40:1285.10** Liability of owners of residential property; damages {#sec-40-1285.10 omnilex-key=us-la-statutes--rs-title-40--40:1285.10}

The owner of any residential property shall be liable for all damages caused by his
failure to perform the duties required of him pursuant to R.S. 40:1285.6 or R.S. 40:1285.7.

*Added by Acts 1972, No. 371, §1; Redesignated from R.S. 40:1299.29 by HCR 84 of 2015 R.S.*

#### **PART III** SMOKE CONSUMERS

##### **§ 40:1287.1** Equipment of steam plants in certain cities; penalty {#sec-40-1287.1 omnilex-key=us-la-statutes--rs-title-40--40:1287.1}

A. The owner, manager, director, or agent of all steam plants located within
incorporated cities of fifty thousand or more inhabitants shall provide, for the use of the
steam plant, smoke consumers or other necessary appliances competent to consume not less
than seventy-five percent of the smoke resulting from the burning of fuel used in providing
motive power for the plant.

B. Whoever violates this Section shall, for each day the plant is operated without the
required appliance, be fined twenty-five dollars or imprisoned for thirty days.

*Redesignated from R.S. 40:1251 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

#### **PART IV** TOXIC SUBSTANCES

#### **SUBPART A** TOXIC MOLD TASK FORCE

##### **§ 40:1289.1** Legislative findings; declaration {#sec-40-1289.1 omnilex-key=us-la-statutes--rs-title-40--40:1289.1}

A. The legislature hereby finds the following:

(1) Certain forms of mold pose a severe and unacceptable risk to the environment
of Louisiana and the health of its people. Moreover, the legislature finds that indoor toxins,
specifically toxic mold, represent an insufficiently understood health and environmental
problem.

(2) Numerous studies indicate that adverse health effects result from mold spores,
varying from cold-like symptoms to more serious symptoms, such as allergy and asthma
outbreaks. Toxins in mold can have negative effects on humans when ingested, inhaled, or
when they come in contact with the skin. These effects can have serious health consequences
for some population subgroups, especially infants, children, pregnant women, persons who
are elderly, individuals with asthma, individuals with allergies, and individuals with
compromised immune systems. Healthcare professionals now acknowledge that molds can
cause allergies, trigger asthma attacks, detrimentally affect the function of vital human
organs, and increase susceptibility to colds and flu.

(3) Though not all molds are toxic, there are certain dangers that molds present
within buildings and structures. It is thus imperative that the toxicity of mold be determined
where it is found and a corresponding plan of action be implemented to address mold-related
hazards in buildings and structures within this state.

B. The legislature hereby declares that it is in the best interest of the public health,
welfare, and safety to establish a task force to lead development of comprehensive policies
and promote best practices concerning mitigation and remediation of toxic mold and
reducing the adverse health effects caused by this unique threat to public health.

*Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.411 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.*

##### **§ 40:1289.2** Definition {#sec-40-1289.2 omnilex-key=us-la-statutes--rs-title-40--40:1289.2}

For purposes of this Subpart, the term "mold" means any form of multicellular fungi
that live on plant or animal matter and in indoor environments. Types of mold include but
are not limited to cladosporium, alternaria, aspergillus, trichoderma, memnoniella, mucor,
and stachybotrys chartarum.

*Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.412 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.*

##### **§ 40:1289.3** Toxic Mold Task Force; creation; composition; meetings {#sec-40-1289.3 omnilex-key=us-la-statutes--rs-title-40--40:1289.3}

A. The legislature hereby creates within the Louisiana Department of Health the
Louisiana Toxic Mold Task Force, referred to hereafter in this Subpart as the "task force",
which shall be composed of the following members:

(1) One pediatric environmental health specialist appointed by the secretary of the
Louisiana Department of Health.

(2) One person with expertise in toxicology appointed by the secretary of the
Louisiana Department of Health.

(3) The assistant secretary of the office of public health of the Louisiana Department
of Health or his designee.

(4) The chancellor of the Louisiana State University Health Sciences Center at New
Orleans or his designee.

(5) The chancellor of the Louisiana State University Health Sciences Center at
Shreveport or his designee.

(6) The dean of the School of Public Health and Tropical Medicine of Tulane
University or his designee.

(7) One member appointed by the Louisiana State Medical Society.

(8) One member appointed by the Louisiana Primary Care Association.

(9) One member with expertise in consumer protection appointed by the Louisiana
attorney general.

(10) One member appointed by the Southern University Law Center.

(11) One member appointed by the Paul M. Hebert Law Center of Louisiana State
University.

(12) One member with expertise in toxic mold remediation appointed by the
Louisiana State Licensing Board for Contractors.

(13) One member appointed by the Louisiana Housing Corporation.

(14) One member appointed by the Louisiana Realtors Association.

(15) One member appointed by the Louisiana Home Builders Association.

(16) One member appointed by the Apartment Association of Louisiana.

B. The secretary of the Louisiana Department of Health shall take such actions as are
necessary to ensure that the initial convening of the task force occurs no later than October
1, 2020.

C. The task force members shall select a chairman annually, and he shall serve as
chairman without salary.

D. Task force members shall serve without compensation, except per diem or
expense reimbursement to which they may be individually entitled by their respective
employer organizations.

E. The task force shall hold at least two meetings each year at a place designated by
the chairman.

*Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.413 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.*

##### **§ 40:1289.4** Functions and duties of the task force; report to the governor and legislature {#sec-40-1289.4 omnilex-key=us-la-statutes--rs-title-40--40:1289.4}

A. The functions of the task force shall include all of the following:

(1) Serve as an advisory body to the legislature on policies and practices that protect
all people of this state, particularly tenants, consumers, and vulnerable populations, from
harm related to toxic mold.

(2) Serve as a coordinating forum between and among state agencies, local
governments, and nongovernmental groups on matters related to toxic mold.

(3) On a regular basis, research and review state regulations, guidelines, policies, and
procedures that pertain in any way to toxic mold and make recommendations to the governor,
the legislature, and the secretary of the Louisiana Department of Health as deemed necessary
and appropriate by the chairman of the task force.

B. On or before January 1, 2021, and annually thereafter, the task force shall prepare
and submit to the governor and the legislature a report on the status of public health risks
from toxic mold in Louisiana. The annual report shall include, without limitation, all of the
following:

(1) An assessment, based on scientific evidence, of the nature, scope, and magnitude
of the adverse environmental and health impacts caused by toxic mold in this state.

(2) Measurement, based on scientific evidence, of the adverse health effects of
exposure to molds on the general population, including specific effects on any subgroups
identifiable as being at greater risk of adverse health effects when exposed to molds.

(3) Identification of actions taken by the state, local governments, and any other
public or private organizations that have made a positive impact on mitigating the harm to
public health of toxic mold.

(4) Identification of best practices for the control of mold in a cost-effective and
environmentally sound manner.

C. The task force may request administrative and technical support from the
Louisiana Department of Health, office of public health, to carry out the functions and
responsibilities provided in this Section.

*Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.414 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.*

##### **§ 40:1289.5** Termination {#sec-40-1289.5 omnilex-key=us-la-statutes--rs-title-40--40:1289.5}

The provisions of this Subpart shall terminate on January 1, 2024.

*Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.415 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.*

#### **SUBPART B** TOXIC SUBSTANCES - PLANTS AND OTHER INDUSTRIAL FACILITIES

##### **§ 40:1289.11** Submission of emergency plan and reporting of toxic substances; penalties {#sec-40-1289.11 omnilex-key=us-la-statutes--rs-title-40--40:1289.11}

A.(1) Each plant or industrial facility located within the state of Louisiana wherein
any toxic substance is regularly manufactured, stored, or maintained in quantities capable of
escaping the boundaries or perimeters of such plant or industrial facility in sufficient
concentrations to cause death or serious bodily harm to persons outside said boundaries or
perimeters shall prepare and submit an emergency plan for immediate notification of the
proper public safety authority. The emergency plan shall be put into effect whenever toxic
substances escape beyond the boundaries or perimeters of each plant or industrial facility.
The plan shall be submitted to the secretary of the Department of Public Safety and
Corrections and the secretary of the Department of Environmental Quality with copies
furnished to the local sheriffs and municipal authorities concerned.

(2) The plan, including a report on toxic substances, shall be submitted on a form
prescribed by the secretary of the Department of Public Safety and Corrections with the
concurrence of the secretary of the Department of Environmental Quality in accordance with
the Administrative Procedure Act. The form shall be incorporated, wherever feasible and
practical, into the survey form implemented under the Hazardous Material Information,
Preparedness and Response Act (R.S. 30:2361 et seq.).

(3) The term "toxic substance" is hereby defined to include those substances which
are designated as toxic in rules and regulations adopted by the Department of Public Safety
and Corrections with the concurrence of the Department of Environmental Quality. The plan
or revisions thereto shall be submitted no later than January 31 of each calendar year.

B. The requirements of this Section shall be applicable to all nuclear reactors within
the state of Louisiana and the escape of radioactivity therefrom.

C. Any person or corporate entity in violation of the provisions of this Section shall
be fined not more than twenty five thousand dollars. Fines collected pursuant to this Section
shall be distributed on a pro rata basis to the governing authority of the parish or parishes
wherein the offending plant or industrial facility is located.

*Acts 1979, No. 642, §1; Acts 1980, No. 364; Acts 1983, No. 542, §1; Acts 1985, No. 435, §3, eff. July 11, 1985; Redesignated from R.S. 40:1299.100 by HCR 84 of 2015 R.S.*

##### **§ 40:1290.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1290.1 omnilex-key=us-la-statutes--rs-title-40--40:1290.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1290.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-1290.2 omnilex-key=us-la-statutes--rs-title-40--40:1290.2}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1290.3** Repealed by Acts 2022, No. 252, §3. {#sec-40-1290.3 omnilex-key=us-la-statutes--rs-title-40--40:1290.3}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1290.4** Repealed by Acts 2022, No. 252, §3. {#sec-40-1290.4 omnilex-key=us-la-statutes--rs-title-40--40:1290.4}

*Repealed by Acts 2022, No. 252, §3.*

#### **SUBCHAPTER C** SMOKING

#### **PART I** LOUISIANA SMOKEFREE AIR ACT

#### **SUBPART A** GENERAL PROVISIONS

##### **§ 40:1291.1** Short title {#sec-40-1291.1 omnilex-key=us-la-statutes--rs-title-40--40:1291.1}

This Part shall be known and may be cited as the "Louisiana Smokefree Air Act."

*Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1300.251 by HCR 84 of 2015 R.S.*

##### **§ 40:1291.2** Purpose {#sec-40-1291.2 omnilex-key=us-la-statutes--rs-title-40--40:1291.2}

The legislature finds and determines that it is in the best interest of the people of this
state to protect nonsmokers from involuntary exposure to secondhand smoke. The legislature
further finds and determines that a balance should be struck between the health concerns of
nonconsumers of tobacco products and the need to minimize unwarranted governmental
intrusion into and regulation of private spheres of conduct and choice with respect to the use
or nonuse of tobacco products in certain designated public areas and in private places.
Therefore, the legislature hereby declares that the purpose of this Part is to preserve and
improve the health, comfort, and environment of the people of this state by limiting exposure
to tobacco smoke.

*Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1300.252 by HCR 84 of 2015 R.S.*

##### **§ 40:1291.3** Definitions {#sec-40-1291.3 omnilex-key=us-la-statutes--rs-title-40--40:1291.3}

For the purposes of this Part, the following terms shall have the following meanings
unless the context clearly indicates otherwise:

(1) "Bar" means a business that holds a Class A-General retail permit and the
primary purpose of such business is to serve alcoholic beverages for consumption by guests
on the premises and in which the serving of food is only incidental to the consumption of
those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and
cabarets.

(2) "Business" means any corporation, sole proprietorship, partnership, limited
partnership, professional corporation, enterprise, franchise, association, trust, joint venture,
or other entity.

(3) "Department" means the Louisiana Department of Health.

(4) "Employer" means an individual or a business that employs one or more
individuals.

(5) "Enclosed area" means all space between a floor and ceiling that is enclosed on
all sides by solid walls or windows, exclusive of doorways, which extend from the floor to
the ceiling.

(6) "Local governing authority" means a municipal or parish governing authority.

(7) "Place of employment" means an area under the control of an employer that
employees normally frequent during the course of employment, including, but not limited
to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms,
employee cafeterias, hallways, and vehicles. A private residence is not a place of
employment unless it is used as a licensed child care, adult day care, or healthcare facility.

(8) "Public building" means any building owned or operated by any of the following:

(a) The state, including the legislative, executive, and judicial branches of state
government.

(b) Any parish, city, or town, or instrumentality thereof, or any other political
subdivision of the state, special district, authority, commission, or agency.

(c) Any other separate corporate instrumentality or entity of state or local
government.

(9) "Public place" means an enclosed area to which the public is invited or in which
the public is permitted which is not a public building, including but not limited to banks,
educational facilities, healthcare facilities, hotel and motel lobbies, laundromats, public
transportation facilities, reception areas, restaurants, retail food production and marketing
establishments, retail service establishments, retail stores, shopping malls, sports arenas,
theaters, and waiting rooms.

(10) "Restaurant" means an eating establishment, including but not limited to, coffee
shops, cafeterias, sandwich stands, and school cafeterias, which gives or offers for sale food
to the public, guests, or employees, as well as kitchens and catering facilities in which food
is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar
located within a restaurant.

(11) "Retail tobacco business" means a business utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is incidental.

(12) "School" means any elementary or secondary school building, the campus of any
school, any buildings on the campus, and all school buses.

(13) "Secondhand smoke" means smoke emitted from lighted, smoldering, or
burning tobacco when the smoker is not inhaling, smoke emitted at the mouthpiece during
puff drawing, and smoke exhaled by the smoker.

(14) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any
lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted
combustible plant material.

*Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1300.253 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.*

#### **SUBPART B** PROHIBITIONS AND EXEMPTIONS

##### **§ 40:1291.11** General smoking prohibitions; exemptions {#sec-40-1291.11 omnilex-key=us-la-statutes--rs-title-40--40:1291.11}

A. Except as permitted by Subsection B of this Section, no person shall:

(1) Smoke in any public building.

(2) Smoke in any school.

(3) Smoke in any public place and in any enclosed area within a place of
employment.

(4) Smoke in any outdoor area proximate to a state office building where smoking
is prohibited pursuant to the provisions of R.S. 40:1293.3.

(5) As an employer, knowingly permit smoking in any enclosed area within a place
of employment.

B. Nothing in this Part shall prohibit smoking in any of the following places:

(1) Private homes, private residences, and private automobiles; except that this
Subsection shall not apply if any such home, residence, or vehicle is being used for child care
or day care or if a private vehicle is being used for the public transportation of children or as
part of health care or day care transportation in which case smoking is prohibited.

(2) Limousines under private hire.

(3) A hotel or motel room designated as a smoking room and rented to a guest;
provided that a maximum of fifty percent of the hotel rooms, at the discretion of the hotel
owner or general manager, available for rent to guests in a hotel or motel may be designated
as smoking rooms.

(4) Any retail tobacco business.

(5) Any bar.

(6) The outdoor area of places of employment; except that the owner or manager of
such business may post signs prohibiting smoking in any such outdoor area, which shall have
the effect of making that outdoor area an area in which smoking is prohibited under the
provisions of this Part.

(7) Private and semiprivate rooms or apartments in assisted living residences, and
other long-term care facilities that are occupied by one or more persons, who are all smokers
and who have requested in writing to be placed in a room where smoking is permitted;
provided that smoke from such rooms or apartments does not infiltrate into areas where
smoking is prohibited under the provisions of this Part.

(8) Designated smoking areas in which gaming operations are permitted to occur
upon a riverboat, at the official gaming establishment, at a facility licensed for the operation
of electronic video draw poker devices, at an eligible facility licensed for the operation of slot
machines, by a licensed charitable organization, or at a pari-mutuel wagering facility or off-track wagering facility which is licensed for operation and regulated under the provisions of
Chapters 4 and 11 of Title 4 and Chapters 4, 5, 6, and 7 of Title 27 of the Louisiana Revised
Statutes of 1950, or any other gaming operations authorized by law, except that smoking
shall be prohibited in all restaurants, including snack bars and any other type of eating area
whether or not such area is separated from the gaming area, that are located within the
facilities where gaming operations are conducted regardless of any type of license issued
relevant to the operation of the restaurant.

(9) All workplaces of any manufacturer, importer, wholesaler or distributor of
tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities.

(10) Convention facilities during the time such facilities are being used for
professional meetings and trade shows which are not open to the public that are produced or
organized by tobacco businesses or convenience store associations where tobacco products
are displayed and limited to the location of such meetings or shows and during the time such
facilities are used by a carnival organization, traditionally known as a krewe or a courir de
Mardi Gras for the purpose of the conduct of a Mardi Gras ball and limited to the location
of such ball.

(11) Designated and well-ventilated smoking rooms in nursing homes which permit
smoking, provided that the designated smoking room is not the reception area, lobby, waiting
room, dining room, or any other room or area defined as a public place under the provisions
of this Part.

(12) A hotel or motel room operated by a casino or gaming operation which is rented
to a guest.

(13) An outdoor patio, whether or not food is served.

(14) Any state, local, or private correctional facility prior to August 15, 2009. After
August 15, 2009, smoking shall be prohibited in any state, local, or private correctional
facility.

C. An individual, person, entity, or business subject to the smoking prohibitions of
this Section shall not discriminate or retaliate in any manner against a person for making a
complaint regarding a violation of this Section or for furnishing information concerning a
violation to an enforcement authority.

D. Nothing in this Part shall be construed to restrict the power of any parish, city,
town, or village to adopt and enforce additional local laws, ordinances, or regulations that
comply with at least the minimum applicable standards to establish smokefree public places
as set forth in this Part.

*Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Acts 2008, No. 490, §1; Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1300.256 by HCR 84 of 2015 R.S.*

#### **SUBPART C** PENALTIES AND RULES AND REGULATIONS

##### **§ 40:1291.21** Notice of prohibition of smoking {#sec-40-1291.21 omnilex-key=us-la-statutes--rs-title-40--40:1291.21}

A. "No smoking" signs or the international "No smoking" symbol consisting of a
pictorial representation of a burning cigarette enclosed in a red circle with a red bar across
it shall be clearly and conspicuously posted by the owner, operator, manager, or other person
in control in every public building, public place, and place of employment where smoking
is prohibited by this Part.

B. The owner, operator, manager, or other person in control shall remove all ashtrays
from any area where smoking is prohibited by this Part.

C. The Louisiana Department of Health may treat a violation of this Section as a
deficiency to be assessed against any licensee or facility over which it has statutory
jurisdiction.

*Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1300.261 by HCR 84 of 2015 R.S.*

##### **§ 40:1291.22** Enforcement; penalties {#sec-40-1291.22 omnilex-key=us-la-statutes--rs-title-40--40:1291.22}

A.(1) Any violation of any prohibition in R.S. 40:1291.11(A) may be cited by any
law enforcement officer by the issuance of a citation and summons to appear before a court
of proper jurisdiction.

(2) Such citations shall be in a form such that there shall be retained in each book of
citations a receipt and each shall have a copy to be deposited by the law enforcement officer
with a court having jurisdiction over the alleged offense.

(3) Upon the deposit of the copy, the court shall notify the alleged violator of the
time and place of his hearing or of his opportunity to plead guilty by the payment of his
specified fine. Failure to appear, unless the fine is paid, may be punished within the
discretion of the court as contempt of court.

B.(1)(a) Any person who is guilty of a violation of the prohibition in R.S.
40:1291.11(A)(1), (2), (3), and (4) shall, upon a first offense, be fined twenty-five dollars.

(b) Any person who is guilty of violating such prohibition a second time shall be
fined fifty dollars.

(c) Any person who is guilty of violating such prohibition a third or subsequent time
shall be fined one hundred dollars.

(2)(a) Any employer who is guilty of a violation of the prohibition in R.S.
40:1291.11(A)(5) shall, upon a first offense, be fined one hundred dollars.

(b) Any employer who is guilty of violating such prohibition a second time shall be
fined two hundred fifty dollars.

(c) Any employer who is guilty of violating such prohibition a third or subsequent
time shall be fined five hundred dollars.

*Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1300.262 by HCR 84 of 2015 R.S.*

##### **§ 40:1291.23** Development of smoke-free policies {#sec-40-1291.23 omnilex-key=us-la-statutes--rs-title-40--40:1291.23}

A.(1) Public postsecondary education institutions shall develop smoke-free policies
for its campuses.

(2) For the purposes of this Section, "smoke-free" means the prohibition of smoking
as defined in R.S. 40:1291.3(14).

B.(1) Nothing in this Section shall prohibit a public postsecondary education
institution from developing a tobacco-free policy for its campus.

(2) For the purposes of this Section, "tobacco-free" means the prohibition on the use
of tobacco derived or containing products, including but not limited to cigarettes, cigars,
cigarillos, pipes, hookah-smoked products, and oral tobacco products.

C. The provisions of this Section shall not supersede the provisions of R.S.
40:1291.11(A).

Acts 2013, No. 211, §1; Redesignated from R.S. 40:1300.263 by HCR 84 of 2015
R.S; Acts 2018, No. 206, §4.

NOTE: See Acts 2013, No. 211, §2, relative to effectiveness.

##### **§ 40:1291.24** Smoking prohibited near school property; exceptions; penalty {#sec-40-1291.24 omnilex-key=us-la-statutes--rs-title-40--40:1291.24}

A. Smoking, as defined in this Part, shall not be permitted, and no person shall
smoke within two hundred feet of the entrances, exits, or outdoor areas of any public or
private elementary or secondary school.

B.(1) This Section shall not apply to smoking by a person of the legal age within
private property that is within the two hundred feet boundary or to smoking by a person of
the legal age occupying a moving vehicle in which smoking is not prohibited that is traveling
through an area within the two hundred feet boundary.

(2) This exception shall not apply to the property of a private elementary or
secondary school.

C. The state superintendent of education, with the approval of the State Board of
Elementary and Secondary Education, shall develop a method by which to mark smoke-free
areas, including the use of signs or other markings suitable to the situation. Signs or other
markings shall be located in a visible manner on or near each school indicating that such area
is a smoke-free area, and that such an area is within two hundred feet of the entrances, exits,
or outdoor areas of any public or private elementary or secondary school. The state
Department of Education shall assist each school system with providing for the posting
required in this Subsection.

D.(1) Any violation of this Section may be cited by any law enforcement officer by
the issuance of a citation and summons to appear before a court of proper jurisdiction.

(2) Such citations shall be in a form such that there shall be retained in each book of
citations a receipt and each shall have a copy to be deposited by the law enforcement officer
with a court having jurisdiction over the alleged offense.

(3) Upon the deposit of the copy, the court shall notify the alleged violator of the
time and place of his hearing or of his opportunity to plead guilty by the payment of his
specified fine. Failure to appear, unless the fine is paid, may be punished within the
discretion of the court as contempt of court.

E.(1) Any person who is guilty of a violation of this Section shall, upon a first
offense, be fined twenty-five dollars.

(2) Any person who is guilty of violating this Section a second time shall be fined
fifty dollars.

(3) Any person who is guilty of violating this Section a third or subsequent time shall
be fined one hundred dollars.

F. The provisions of this Section shall not supersede the provisions of R.S.
40:1291.11(A).

*Acts 2014, No. 581, §1, eff. June 9, 2014; Redesignated from R.S. 40:1300.264 by HCR 84 of 2015 R.S.*

#### **PART II** SMOKING REGULATION

##### **§ 40:1293.1** Louisiana Superdome; smoking regulation {#sec-40-1293.1 omnilex-key=us-la-statutes--rs-title-40--40:1293.1}

A. It is the public policy of this state to protect the health, comfort, and environment
of the people of this state.

B. Smoking shall be prohibited in all areas of the Louisiana Superdome.

C. "Smoking" means the carrying of a lighted cigar, cigarette, pipe, or any other
lighted smoking equipment, in addition to the inhalation and exhalation of smoke by a person
from any form of lighted tobacco.

D. Any person who violates the provisions of this Section shall be advised of the
prohibition by Superdome personnel. In addition, the board of commissioners of the
Louisiana Stadium and Exposition District may adopt rules to provide for ejection from the
Superdome of any person who continues such violation after being so advised of the
prohibition, such rules to be enforced by security personnel in accordance with board rules.

*Acts 1986, No. 483, §1; Acts 2003, No. 772, §1; Redesignated from R.S. 40:1261 by HCR 84 of 2015 R.S.*

##### **§ 40:1293.2** Senator Nat G. Kiefer University of New Orleans Lakefront Arena; smoking regulation {#sec-40-1293.2 omnilex-key=us-la-statutes--rs-title-40--40:1293.2}

A. It is the public policy of this state to protect the health, comfort, and environment
of the people of this state.

B. Smoking shall be prohibited in all areas of the Senator Nat G. Kiefer University
of New Orleans Lakefront Arena.

C. "Smoking" means the carrying of a lighted cigar, cigarette, pipe, or any other
lighted smoking equipment, in addition to the inhalation and exhalation of smoke by a person
from any form of lighted tobacco.

D. Any person who violates the provisions of this Section shall be advised of the
prohibition by university personnel. In addition, the Board of Supervisors for the University
of Louisiana System may adopt rules to provide for ejection from the arena of any person
who continues such violation after being so advised of the prohibition, such rules to be
enforced by security personnel in accordance with board rules.

*Acts 2004, No. 573, §1; Redesignated from R.S. 40:1262 by HCR 84 of 2015 R.S.*

##### **§ 40:1293.3** State office buildings; smoking regulation; enforcement {#sec-40-1293.3 omnilex-key=us-la-statutes--rs-title-40--40:1293.3}

A. The requirements set forth in this Section shall apply to all buildings owned by
the state which are utilized primarily as office buildings, referred to hereafter in this Part as
"state office buildings".

B. In addition to any applicable smoking prohibition as provided in the Louisiana
Smokefree Air Act (R.S. 40:1291.1 et seq.), smoking shall be prohibited in all of the
following areas:

(1) Any outdoor area proximate to a state office building that is within twenty-five
feet of an entrance of the building to which access by the public is not restricted.

(2) Any outdoor area that is within twenty-five feet of a wheelchair ramp or other
structure that facilitates access to a state office building by persons with disabilities.

C. "Smoking" means the carrying of a lighted cigar, cigarette, pipe, or any other
lighted smoking equipment, in addition to the inhalation and exhalation of smoke by a person
from any form of lighted tobacco.

D. Enforcement of the prohibition of smoking provided for in this Section shall be
conducted in accordance with the provisions of R.S. 40:1291.22.

E. Any person who violates the provisions of this Section shall be subject to the
penalties established in R.S. 40:1291.22(B)(1).

*Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1263 by HCR 84 of 2015 R.S.*

#### **PART II-A** SMOKING CESSATION

##### **§ 40:1295** Smoking cessation benefits program; medical assistance program; coverage {#sec-40-1295 omnilex-key=us-la-statutes--rs-title-40--40:1295}

A. For the purposes of this Section, the following terms have the following
meanings:

(1) "Department" means the Louisiana Department of Health.

(2) "Medical assistance program" means the medical assistance program provided
for in Title XIX of the Social Security Act as administered by the Louisiana Department of
Health.

(3) "Smoking cessation benefits" means smoking cessation treatments and services,
including individual counseling, group counseling, nicotine patches, nicotine gum, nicotine
lozenges, nicotine nasal spray, nicotine inhaler, bupropion, and varenicline.

B.(1) The smoking cessation benefits provided for in R.S. 22:1041.1 shall be a
covered service in the medical assistance program.

(2) The smoking cessation benefits coverage required by this Subsection shall not
be subject to any copayments, deductibles, or other cost-sharing mechanisms.

C. The department shall promulgate and enforce such rules, regulations, and
minimum standards as needed to carry out the provisions of this Section.

*Acts 2023, No. 281, §2.*

#### **PART III** PUBLIC INFORMATION CONCERNING SMOKING CESSATION

##### **§ 40:1295.1** Legislative findings; purpose {#sec-40-1295.1 omnilex-key=us-la-statutes--rs-title-40--40:1295.1}

A. The legislature hereby finds and declares the following:

(1) Cigarette smoking is a leading cause of preventable death in our state and nation.

(2) Though smoking-related illnesses and deaths and their associated human and
economic costs are a devastating public health problem across the United States, and billions of
dollars from sources such as cigarette taxes and tobacco-related legal settlements are available to
states for preventing and controlling tobacco use, only a fraction of these funds is put to this
public health service, and state spending on tobacco prevention and control falls below CDC
recommended levels.

(3) Though smoking is an exceptionally difficult habit to break due to the powerful
nature of addiction to cigarettes, many thousands of Americans win the battle to quit smoking
each year, often with the help of a smoking cessation program.

B. The purpose of this Part is to increase awareness of and access to smoking cessation
programs and services available in Louisiana.

*Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.*

##### **§ 40:1295.2** Definitions {#sec-40-1295.2 omnilex-key=us-la-statutes--rs-title-40--40:1295.2}

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Smoking Cessation Trust" and "trust" mean the organization of that name which
incorporated in Louisiana pursuant to the judgment rendered in *Scott v. American Tobacco Co., Inc. (2009-CA-0461 (La. App. 4 Cir. 4/23/10), 36 So. 3d 1046)* for the purpose of
operating the smoking cessation program called for in that judgment, or any successor.

*Added by Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.*

##### **§ 40:1295.3** Public information concerning smoking cessation {#sec-40-1295.3 omnilex-key=us-la-statutes--rs-title-40--40:1295.3}

A. The department shall establish and maintain on its internet website a link to the
website of the Smoking Cessation Trust, along with summary information on programs and
services offered by the trust.

B. The department may feature the link to the website of the Smoking Cessation
Trust and information on programs and services of the trust on any web page it maintains for
any program or office if the link and information are posted in a conspicuous location. Added by Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.

##### **§ 40:1295.4** Program coordination {#sec-40-1295.4 omnilex-key=us-la-statutes--rs-title-40--40:1295.4}

A. The secretary of the department is hereby authorized to coordinate, to the extent
he deems practical and appropriate, the programs of the office of public health, the Medicaid
coordinated care network program, and any other program of the department with programs
offered by the Smoking Cessation Trust.

B. On or before January 1, annually, the secretary of the department shall engage
with the executive director of the Smoking Cessation Trust to evaluate means and best
practices for promoting smoking cessation, and to identify opportunities for increasing access
to smoking cessation programs and services available in this state.

*Added by Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.*

##### **§ 40:1295.5** Termination {#sec-40-1295.5 omnilex-key=us-la-statutes--rs-title-40--40:1295.5}

The provisions of this Part shall terminate on January 1, 2022, and thereafter shall be
null, void, and without effect.

*Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.*

##### **§ 40:1296** Redesignated to R.S. 40:1267.1 by HCR 84 of 2015 R.S. {#sec-40-1296 omnilex-key=us-la-statutes--rs-title-40--40:1296}

*Redesignated to R.S. 40:1267.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1298** Redesignated to R.S. 40:1300.21 by HCR 84 of 2015 R.S. {#sec-40-1298 omnilex-key=us-la-statutes--rs-title-40--40:1298}

*Redesignated to R.S. 40:1300.21 by HCR 84 of 2015 R.S.*

##### **§ 40:1299** Redesignated to R.S. 40:1081.1 by HCR 84 of 2015 R.S. {#sec-40-1299 omnilex-key=us-la-statutes--rs-title-40--40:1299}

*Redesignated to R.S. 40:1081.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.1** Redesignated to R.S. 40:1081.2 by HCR 84 of 2015 R.S. {#sec-40-1299.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.1}

*Redesignated to R.S. 40:1081.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.2** Redesignated to R.S. 40:1081.3 by HCR 84 of 2015 R.S. {#sec-40-1299.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.2}

*Redesignated to R.S. 40:1081.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.3** Redesignated to R.S. 40:1081.4 by HCR 84 of 2015 R.S. {#sec-40-1299.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.3}

*Redesignated to R.S. 40:1081.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.4** Redesignated to R.S. 40:1081.5 by HCR 84 of 2015 R.S. {#sec-40-1299.4 omnilex-key=us-la-statutes--rs-title-40--40:1299.4}

*Redesignated to R.S. 40:1081.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.4.1** Redesignated to R.S. 40:1081.6 by HCR 84 of 2015 R.S. {#sec-40-1299.4.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.4.1}

*Redesignated to R.S. 40:1081.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.4.2** Redesignated to R.S. 40:1081.7 by HCR 84 of 2015 R.S. {#sec-40-1299.4.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.4.2}

*Redesignated to R.S. 40:1081.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.5** Redesignated to R.S. 40:1081.9 by HCR 84 of 2015 R.S. {#sec-40-1299.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.5}

*Redesignated to R.S. 40:1081.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.6** Redesignated to R.S. 40:1081.10 by HCR 84 of 2015 R.S. {#sec-40-1299.6 omnilex-key=us-la-statutes--rs-title-40--40:1299.6}

*Redesignated to R.S. 40:1081.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.11** Redesignated to R.S. 40:1300.11 by HCR 84 of 2015 R.S. {#sec-40-1299.11 omnilex-key=us-la-statutes--rs-title-40--40:1299.11}

*Redesignated to R.S. 40:1300.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.12** Redesignated to R.S. 40:1300.12 by HCR 84 of 2015 R.S. {#sec-40-1299.12 omnilex-key=us-la-statutes--rs-title-40--40:1299.12}

*Redesignated to R.S. 40:1300.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.13** Redesignated to R.S. 40:1300.13 by HCR 84 of 2015 R.S. {#sec-40-1299.13 omnilex-key=us-la-statutes--rs-title-40--40:1299.13}

*Redesignated to R.S. 40:1300.13 by HCR 84 of 2015 R.S.*

#### **PART XVII** LEAD POISONING PREVENTION AND CONTROL

##### **§ 40:1299.20** Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989. {#sec-40-1299.20 omnilex-key=us-la-statutes--rs-title-40--40:1299.20}

*Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.*

##### **§ 40:1299.21** Redesignated to R.S. 40:1285.1 by HCR 84 of 2015 R.S. {#sec-40-1299.21 omnilex-key=us-la-statutes--rs-title-40--40:1299.21}

*Redesignated to R.S. 40:1285.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.22** Redesignated to R.S. 40:1285.2 by HCR 84 of 2015 R.S. {#sec-40-1299.22 omnilex-key=us-la-statutes--rs-title-40--40:1299.22}

*Redesignated to R.S. 40:1285.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.23** Redesignated to R.S. 40:1285.3 by HCR 84 of 2015 R.S. {#sec-40-1299.23 omnilex-key=us-la-statutes--rs-title-40--40:1299.23}

*Redesignated to R.S. 40:1285.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.24** Redesignated to R.S. 40:1285.4 by HCR 84 of 2015 R.S. {#sec-40-1299.24 omnilex-key=us-la-statutes--rs-title-40--40:1299.24}

*Redesignated to R.S. 40:1285.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.25** Redesignated to R.S. 40:1285.5 by HCR 84 of 2015 R.S. {#sec-40-1299.25 omnilex-key=us-la-statutes--rs-title-40--40:1299.25}

*Redesignated to R.S. 40:1285.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.26** Redesignated to R.S. 40:1285.6 by HCR 84 of 2015 R.S. {#sec-40-1299.26 omnilex-key=us-la-statutes--rs-title-40--40:1299.26}

*Redesignated to R.S. 40:1285.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.27** Redesignated to R.S. 40:1285.7 by HCR 84 of 2015 R.S. {#sec-40-1299.27 omnilex-key=us-la-statutes--rs-title-40--40:1299.27}

*Redesignated to R.S. 40:1285.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.27.1** Redesignated to R.S. 40:1285.8 by HCR 84 of 2015 R.S. {#sec-40-1299.27.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.27.1}

*Redesignated to R.S. 40:1285.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.28** Redesignated to R.S. 40:1285.9 by HCR 84 of 2015 R.S. {#sec-40-1299.28 omnilex-key=us-la-statutes--rs-title-40--40:1299.28}

*Redesignated to R.S. 40:1285.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.29** Redesignated to R.S. 40:1285.10 by HCR 84 of 2015 R.S. {#sec-40-1299.29 omnilex-key=us-la-statutes--rs-title-40--40:1299.29}

*Redesignated to R.S. 40:1285.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.30** Redesignated to R.S. 40:1061 by HCR 84 of 2015 R.S. {#sec-40-1299.30 omnilex-key=us-la-statutes--rs-title-40--40:1299.30}

*Redesignated to R.S. 40:1061 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.30.1** Redesignated to R.S. 40:1061.1 by HCR 84 of 2015 R.S. {#sec-40-1299.30.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.30.1}

*Redesignated to R.S. 40:1061.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.31** Redesignated to R.S. 40:1061.2 by HCR 84 of 2015 R.S. {#sec-40-1299.31 omnilex-key=us-la-statutes--rs-title-40--40:1299.31}

*Redesignated to R.S. 40:1061.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.32** Redesignated to R.S. 40:1061.3 by HCR 84 of 2015 R.S. {#sec-40-1299.32 omnilex-key=us-la-statutes--rs-title-40--40:1299.32}

*Redesignated to R.S. 40:1061.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.33** Redesignated to R.S. 40:1061.4 by HCR 84 of 2015 R.S. {#sec-40-1299.33 omnilex-key=us-la-statutes--rs-title-40--40:1299.33}

*Redesignated to R.S. 40:1061.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.34** Redesignated to R.S. 40:1061.5 by HCR 84 of 2015 R.S. {#sec-40-1299.34 omnilex-key=us-la-statutes--rs-title-40--40:1299.34}

*Redesignated to R.S. 40:1061.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.34.5** Redesignated to R.S. 40:1061.6 by HCR 84 of 2015 R.S. {#sec-40-1299.34.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.34.5}

*Redesignated to R.S. 40:1061.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35** Redesignated to R.S. 40:1061.7 by HCR 84 of 2015 R.S. {#sec-40-1299.35 omnilex-key=us-la-statutes--rs-title-40--40:1299.35}

*Redesignated to R.S. 40:1061.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.0** Redesignated to R.S. 40:1061.8 by HCR 84 of 2015 R.S. {#sec-40-1299.35.0 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.0}

*Redesignated to R.S. 40:1061.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.1** Redesignated to R.S. 40:1061.9 by HCR 84 of 2015 R.S. {#sec-40-1299.35.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.1}

*Redesignated to R.S. 40:1061.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.2** Redesignated to R.S. 40:1061.10 by HCR 84 of 2015 R.S. {#sec-40-1299.35.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.2}

*Redesignated to R.S. 40:1061.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.2.1** Redesignated to R.S. 40:1061.11 by HCR 84 of 2015 R.S. {#sec-40-1299.35.2.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.2.1}

*Redesignated to R.S. 40:1061.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.3** Redesignated to R.S. 40:1061.12 by HCR 84 of 2015 R.S. {#sec-40-1299.35.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.3}

*Redesignated to R.S. 40:1061.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.4** Redesignated to R.S. 40:1061.13 by HCR 84 of 2015 R.S. {#sec-40-1299.35.4 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.4}

*Redesignated to R.S. 40:1061.13 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.5** Redesignated to R.S. 40:1061.14 by HCR 84 of 2015 R.S. {#sec-40-1299.35.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.5}

*Redesignated to R.S. 40:1061.14 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.5.1** Redesignated to R.S. 40:1061.15 by HCR 84 of 2015 R.S. {#sec-40-1299.35.5.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.5.1}

*Redesignated to R.S. 40:1061.15 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.5.2** Redesignated to R.S. 40:1061.16 by HCR 84 of 2015 R.S. {#sec-40-1299.35.5.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.5.2}

*Redesignated to R.S. 40:1061.16 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.6** Redesignated to R.S. 40:1061.17 by HCR 84 of 2015 R.S. {#sec-40-1299.35.6 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.6}

*Redesignated to R.S. 40:1061.17 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.7** Redesignated to R.S. 40:1061.18 by HCR 84 of 2015 R.S. {#sec-40-1299.35.7 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.7}

*Redesignated to R.S. 40:1061.18 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.8** Redesignated to R.S. 40:1061.19 by HCR 84 of 2015 R.S. {#sec-40-1299.35.8 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.8}

*Redesignated to R.S. 40:1061.19 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.9** Redesignated to R.S. 40:1061.20 by HCR 84 of 2015 R.S. {#sec-40-1299.35.9 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.9}

*Redesignated to R.S. 40:1061.20 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.10** Redesignated to R.S. 40:1061.21 by HCR 84 of 2015 R.S. {#sec-40-1299.35.10 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.10}

*Redesignated to R.S. 40:1061.21 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.11** Redesignated to R.S. 40:1061.22 by HCR 84 of 2015 R.S. {#sec-40-1299.35.11 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.11}

*Redesignated to R.S. 40:1061.22 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.12** Redesignated to R.S. 40:1061.23 by HCR 84 of 2015 R.S. {#sec-40-1299.35.12 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.12}

*Redesignated to R.S. 40:1061.23 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.13** Redesignated to R.S. 40:1061.24 by HCR 84 of 2015 R.S. {#sec-40-1299.35.13 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.13}

*Redesignated to R.S. 40:1061.24 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.14** Redesignated to R.S. 40:1061.25 by HCR 84 of 2015 R.S. {#sec-40-1299.35.14 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.14}

*Redesignated to R.S. 40:1061.25 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.15** Redesignated to R.S. 40:1061.26 by HCR 84 of 2015 R.S. {#sec-40-1299.35.15 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.15}

*Redesignated to R.S. 40:1061.26 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.16** Repealed by Acts 2007, No. 473, §3, and Acts 2007, No. 477, §3, eff. July 12, 2007. {#sec-40-1299.35.16 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.16}

*Repealed by Acts 2007, No. 473, §3, and Acts 2007, No. 477, §3, eff. July 12, 2007.*

##### **§ 40:1299.35.17** Redesignated to R.S. 40:1061.27 by HCR 84 of 2015 R.S. {#sec-40-1299.35.17 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.17}

*Redesignated to R.S. 40:1061.27 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.18** Redesignated to R.S. 40:1061.28 by HCR 84 of 2015 R.S. {#sec-40-1299.35.18 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.18}

*Redesignated to R.S. 40:1061.28 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.35.19** Redesignated to R.S. 40:1061.29 by HCR 84 of 2015 R.S. {#sec-40-1299.35.19 omnilex-key=us-la-statutes--rs-title-40--40:1299.35.19}

*Redesignated to R.S. 40:1061.29 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.36** Redesignated to R.S. 40:1300 by HCR 84 of 2015 R.S. {#sec-40-1299.36 omnilex-key=us-la-statutes--rs-title-40--40:1299.36}

*Redesignated to R.S. 40:1300 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.36.1** Terminated July 1, 2003, by Acts 1999, No. 788, §3. {#sec-40-1299.36.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.36.1}

##### **§ 40:1299.36.2** Terminated July 1, 2003, by Acts 1999, No. 788, §3. {#sec-40-1299.36.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.36.2}

##### **§ 40:1299.36.3** Terminated July 1, 2003, by Acts 1999, No. 788, §3. {#sec-40-1299.36.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.36.3}

##### **§ 40:1299.36.4** Terminated July 1, 2003, by Acts 1999, No. 788, §3. {#sec-40-1299.36.4 omnilex-key=us-la-statutes--rs-title-40--40:1299.36.4}

##### **§ 40:1299.36.5** Terminated July 1, 2003, by Acts 1999, No. 788, §3. {#sec-40-1299.36.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.36.5}

##### **§ 40:1299.36.6** Terminated July 1, 2003, by Acts 1999, No. 788, §3. {#sec-40-1299.36.6 omnilex-key=us-la-statutes--rs-title-40--40:1299.36.6}

##### **§ 40:1299.37** Redesignated to R.S. 40:1233.1 by HCR 84 of 2015 R.S. {#sec-40-1299.37 omnilex-key=us-la-statutes--rs-title-40--40:1299.37}

*Redesignated to R.S. 40:1233.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.38** Redesignated to R.S. 40:1235.1 by HCR 84 of 2015 R.S. {#sec-40-1299.38 omnilex-key=us-la-statutes--rs-title-40--40:1299.38}

*Redesignated to R.S. 40:1235.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.39** Redesignated to R.S. 40:1237.1 by HCR 84 of 2015 R.S. {#sec-40-1299.39 omnilex-key=us-la-statutes--rs-title-40--40:1299.39}

*Redesignated to R.S. 40:1237.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.39.1** Redesignated to R.S. 40:1237.2 by HCR 84 of 2015 R.S. {#sec-40-1299.39.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.39.1}

*Redesignated to R.S. 40:1237.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.39.2** Redesignated to R.S. 40:1237.3 by HCR 84 of 2015 R.S. {#sec-40-1299.39.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.39.2}

*Redesignated to R.S. 40:1237.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.39.3** Redesignated to R.S. 40:1237.4 by HCR 84 of 2015 R.S. {#sec-40-1299.39.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.39.3}

*Redesignated to R.S. 40:1237.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.39.5** Redesignated to R.S. 40:1157.1 by HCR 84 of 2015 R.S. {#sec-40-1299.39.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.39.5}

*Redesignated to R.S. 40:1157.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.39.6** Redesignated to R.S. 40:1157.2 by HCR 84 of 2015 R.S. {#sec-40-1299.39.6 omnilex-key=us-la-statutes--rs-title-40--40:1299.39.6}

*Redesignated to R.S. 40:1157.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.39.7** Redesignated to R.S. 40:1157.3 by HCR 84 of 2015 R.S. {#sec-40-1299.39.7 omnilex-key=us-la-statutes--rs-title-40--40:1299.39.7}

*Redesignated to R.S. 40:1157.3 by HCR 84 of 2015 R.S.*

#### **PART XXII** UNIFORM CONSENT LAW

##### **§ 40:1299.40** Repealed by Acts 2012, No. 759, §3, eff. June 12, 2012. {#sec-40-1299.40 omnilex-key=us-la-statutes--rs-title-40--40:1299.40}

*Repealed by Acts 2012, No. 759, §3, eff. June 12, 2012.*

##### **§ 40:1299.40.1** Redesignated to R.S. 40:1163.1 by HCR 84 of 2015 R.S. {#sec-40-1299.40.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.40.1}

*Redesignated to R.S. 40:1163.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.41** Redesignated to R.S. 40:1231.1 by HCR 84 of 2015 R.S. {#sec-40-1299.41 omnilex-key=us-la-statutes--rs-title-40--40:1299.41}

*Redesignated to R.S. 40:1231.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.42** Redesignated to R.S. 40:1231.2 by HCR 84 of 2015 R.S. {#sec-40-1299.42 omnilex-key=us-la-statutes--rs-title-40--40:1299.42}

*Redesignated to R.S. 40:1231.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.43** Redesignated to R.S. 40:1231.3 by HCR 84 of 2015 R.S. {#sec-40-1299.43 omnilex-key=us-la-statutes--rs-title-40--40:1299.43}

*Redesignated to R.S. 40:1231.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.44** Redesignated to R.S. 40:1231.4 by HCR 84 of 2015 R.S. {#sec-40-1299.44 omnilex-key=us-la-statutes--rs-title-40--40:1299.44}

*Redesignated to R.S. 40:1231.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.44.1** Redesignated to R.S. 40:1231.5 by HCR 84 of 2015 R.S. {#sec-40-1299.44.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.44.1}

*Redesignated to R.S. 40:1231.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.45** Redesignated to R.S. 40:1231.6 by HCR 84 of 2015 R.S. {#sec-40-1299.45 omnilex-key=us-la-statutes--rs-title-40--40:1299.45}

*Redesignated to R.S. 40:1231.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.46** Redesignated to R.S. 40:1231.7 by HCR 84 of 2015 R.S. {#sec-40-1299.46 omnilex-key=us-la-statutes--rs-title-40--40:1299.46}

*Redesignated to R.S. 40:1231.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.47** Redesignated to R.S. 40:1231.8 by HCR 84 of 2015 R.S. {#sec-40-1299.47 omnilex-key=us-la-statutes--rs-title-40--40:1299.47}

*Redesignated to R.S. 40:1231.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.48** Redesignated to R.S. 40:1231.9 by HCR 84 of 2015 R.S. {#sec-40-1299.48 omnilex-key=us-la-statutes--rs-title-40--40:1299.48}

*Redesignated to R.S. 40:1231.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.49** Redesignated to R.S. 40:1231.10 by HCR 84 of 2015 R.S. {#sec-40-1299.49 omnilex-key=us-la-statutes--rs-title-40--40:1299.49}

*Redesignated to R.S. 40:1231.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.50** Redesignated to R.S. 40:1159.1 by HCR 84 of 2015 R.S. {#sec-40-1299.50 omnilex-key=us-la-statutes--rs-title-40--40:1299.50}

*Redesignated to R.S. 40:1159.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.51** Redesignated to R.S. 40:1159.2 by HCR 84 of 2015 R.S. {#sec-40-1299.51 omnilex-key=us-la-statutes--rs-title-40--40:1299.51}

*Redesignated to R.S. 40:1159.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.52** Redesignated to R.S. 40:1159.3 by HCR 84 of 2015 R.S. {#sec-40-1299.52 omnilex-key=us-la-statutes--rs-title-40--40:1299.52}

*Redesignated to R.S. 40:1159.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.53** Redesignated to R.S. 40:1159.4 by HCR 84 of 2015 R.S. {#sec-40-1299.53 omnilex-key=us-la-statutes--rs-title-40--40:1299.53}

*Redesignated to R.S. 40:1159.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.54** Redesignated to R.S. 40:1159.5 by HCR 84 of 2015 R.S. {#sec-40-1299.54 omnilex-key=us-la-statutes--rs-title-40--40:1299.54}

*Redesignated to R.S. 40:1159.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.55** Redesignated to R.S. 40:1159.6 by HCR 84 of 2015 R.S. {#sec-40-1299.55 omnilex-key=us-la-statutes--rs-title-40--40:1299.55}

*Redesignated to R.S. 40:1159.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.56** Redesignated to R.S. 40:1159.7 by HCR 84 of 2015 R.S. {#sec-40-1299.56 omnilex-key=us-la-statutes--rs-title-40--40:1299.56}

*Redesignated to R.S. 40:1159.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.57** Redesignated to R.S. 40:1159.8 by HCR 84 of 2015 R.S. {#sec-40-1299.57 omnilex-key=us-la-statutes--rs-title-40--40:1299.57}

*Redesignated to R.S. 40:1159.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58** Redesignated to R.S. 40:1159.9 by HCR 84 of 2015 R.S. {#sec-40-1299.58 omnilex-key=us-la-statutes--rs-title-40--40:1299.58}

*Redesignated to R.S. 40:1159.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.1** Redesignated to R.S. 40:1151 by HCR 84 of 2015 R.S. {#sec-40-1299.58.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.1}

*Redesignated to R.S. 40:1151 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.2** Redesignated to R.S. 40:1151.1 by HCR 84 of 2015 R.S. {#sec-40-1299.58.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.2}

*Redesignated to R.S. 40:1151.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.3** Redesignated to R.S. 40:1151.2 by HCR 84 of 2015 R.S. {#sec-40-1299.58.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.3}

*Redesignated to R.S. 40:1151.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.4** Redesignated to R.S. 40:1151.3 by HCR 84 of 2015 R.S. {#sec-40-1299.58.4 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.4}

*Redesignated to R.S. 40:1151.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.5** Redesignated to R.S. 40:1151.4 by HCR 84 of 2015 R.S. {#sec-40-1299.58.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.5}

*Redesignated to R.S. 40:1151.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.6** Redesignated to R.S. 40:1151.5 by HCR 84 of 2015 R.S. {#sec-40-1299.58.6 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.6}

*Redesignated to R.S. 40:1151.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.7** Redesignated to R.S. 40:1151.6 by HCR 84 of 2015 R.S. {#sec-40-1299.58.7 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.7}

*Redesignated to R.S. 40:1151.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.8** Redesignated to R.S. 40:1151.7 by HCR 84 of 2015 R.S. {#sec-40-1299.58.8 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.8}

*Redesignated to R.S. 40:1151.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.9** Redesignated to R.S. 40:1151.8 by HCR 84 of 2015 R.S. {#sec-40-1299.58.9 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.9}

*Redesignated to R.S. 40:1151.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.58.10** Redesignated to R.S. 40:1151.9 by HCR 84 of 2015 R.S. {#sec-40-1299.58.10 omnilex-key=us-la-statutes--rs-title-40--40:1299.58.10}

*Redesignated to R.S. 40:1151.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.60** Redesignated to R.S. 40:1153.1 by HCR 84 of 2015 R.S. {#sec-40-1299.60 omnilex-key=us-la-statutes--rs-title-40--40:1299.60}

*Redesignated to R.S. 40:1153.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.61** Redesignated to R.S. 40:1153.2 by HCR 84 of 2015 R.S. {#sec-40-1299.61 omnilex-key=us-la-statutes--rs-title-40--40:1299.61}

*Redesignated to R.S. 40:1153.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.62** Redesignated to R.S. 40:1153.3 by HCR 84 of 2015 R.S. {#sec-40-1299.62 omnilex-key=us-la-statutes--rs-title-40--40:1299.62}

*Redesignated to R.S. 40:1153.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.63** Redesignated to R.S. 40:1153.4 by HCR 84 of 2015 R.S. {#sec-40-1299.63 omnilex-key=us-la-statutes--rs-title-40--40:1299.63}

*Redesignated to R.S. 40:1153.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.64** Redesignated to R.S. 40:1153.5 by HCR 84 of 2015 R.S. {#sec-40-1299.64 omnilex-key=us-la-statutes--rs-title-40--40:1299.64}

*Redesignated to R.S. 40:1153.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.64.1** Redesignated to R.S. 40:1155.1 by HCR 84 of 2015 R.S. {#sec-40-1299.64.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.64.1}

*Redesignated to R.S. 40:1155.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.64.2** Redesignated to R.S. 40:1155.2 by HCR 84 of 2015 R.S. {#sec-40-1299.64.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.64.2}

*Redesignated to R.S. 40:1155.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.64.3** Redesignated to R.S. 40:1155.3 by HCR 84 of 2015 R.S. {#sec-40-1299.64.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.64.3}

*Redesignated to R.S. 40:1155.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.64.4** Redesignated to R.S. 40:1155.4 by HCR 84 of 2015 R.S. {#sec-40-1299.64.4 omnilex-key=us-la-statutes--rs-title-40--40:1299.64.4}

*Redesignated to R.S. 40:1155.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.64.5** Redesignated to R.S. 40:1155.5 by HCR 84 of 2015 R.S. {#sec-40-1299.64.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.64.5}

*Redesignated to R.S. 40:1155.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.64.6** Redesignated to R.S. 40:1155.6 by HCR 84 of 2015 R.S. {#sec-40-1299.64.6 omnilex-key=us-la-statutes--rs-title-40--40:1299.64.6}

*Redesignated to R.S. 40:1155.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.65** Redesignated to R.S. 40:1175.1 by HCR 84 of 2015 R.S. {#sec-40-1299.65 omnilex-key=us-la-statutes--rs-title-40--40:1299.65}

*Redesignated to R.S. 40:1175.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.70** Blank {#sec-40-1299.70 omnilex-key=us-la-statutes--rs-title-40--40:1299.70}

*Blank*

##### **§ 40:1299.71** Redesignated to R.S. 40:1300.31 by HCR 84 of 2015 R.S. {#sec-40-1299.71 omnilex-key=us-la-statutes--rs-title-40--40:1299.71}

*Redesignated to R.S. 40:1300.31 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.72** Redesignated to R.S. 40:1300.32 by HCR 84 of 2015 R.S. {#sec-40-1299.72 omnilex-key=us-la-statutes--rs-title-40--40:1299.72}

*Redesignated to R.S. 40:1300.32 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.73** Redesignated to R.S. 40:1300.33 by HCR 84 of 2015 R.S. {#sec-40-1299.73 omnilex-key=us-la-statutes--rs-title-40--40:1299.73}

*Redesignated to R.S. 40:1300.33 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.74** Redesignated to R.S. 40:1300.34 by HCR 84 of 2015 R.S. {#sec-40-1299.74 omnilex-key=us-la-statutes--rs-title-40--40:1299.74}

*Redesignated to R.S. 40:1300.34 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.75** Redesignated to R.S. 40:1300.35 by HCR 84 of 2015 R.S. {#sec-40-1299.75 omnilex-key=us-la-statutes--rs-title-40--40:1299.75}

*Redesignated to R.S. 40:1300.35 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.76** Redesignated to R.S. 40:1300.36 by HCR 84 of 2015 R.S. {#sec-40-1299.76 omnilex-key=us-la-statutes--rs-title-40--40:1299.76}

*Redesignated to R.S. 40:1300.36 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.77** Redesignated to R.S. 40:1300.37 by HCR 84 of 2015 R.S. {#sec-40-1299.77 omnilex-key=us-la-statutes--rs-title-40--40:1299.77}

*Redesignated to R.S. 40:1300.37 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.78** Redesignated to R.S. 40:1251.1 by HCR 84 of 2015 R.S. {#sec-40-1299.78 omnilex-key=us-la-statutes--rs-title-40--40:1299.78}

*Redesignated to R.S. 40:1251.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.78.1** Redesignated to R.S. 40:1251.2 by HCR 84 of 2015 R.S. {#sec-40-1299.78.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.78.1}

*Redesignated to R.S. 40:1251.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.78.2** Redesignated to R.S. 40:1251.3 by HCR 84 of 2015 R.S. {#sec-40-1299.78.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.78.2}

*Redesignated to R.S. 40:1251.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.78.3** Redesignated to R.S. 40:1251.4 by HCR 84 of 2015 R.S. {#sec-40-1299.78.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.78.3}

*Redesignated to R.S. 40:1251.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.78.4** Redesignated to R.S. 40:1251.5 by HCR 84 of 2015 R.S. {#sec-40-1299.78.4 omnilex-key=us-la-statutes--rs-title-40--40:1299.78.4}

*Redesignated to R.S. 40:1251.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.78.5** Redesignated to R.S. 40:1251.6 by HCR 84 of 2015 R.S. {#sec-40-1299.78.5 omnilex-key=us-la-statutes--rs-title-40--40:1299.78.5}

*Redesignated to R.S. 40:1251.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.80** Redesignated to R.S. 40:1105.1 by HCR 84 of 2015 R.S. {#sec-40-1299.80 omnilex-key=us-la-statutes--rs-title-40--40:1299.80}

*Redesignated to R.S. 40:1105.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.81** Redesignated to R.S. 40:1105.2 by HCR 84 of 2015 R.S. {#sec-40-1299.81 omnilex-key=us-la-statutes--rs-title-40--40:1299.81}

*Redesignated to R.S. 40:1105.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.82** Redesignated to R.S. 40:1105.3 by HCR 84 of 2015 R.S. {#sec-40-1299.82 omnilex-key=us-la-statutes--rs-title-40--40:1299.82}

*Redesignated to R.S. 40:1105.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.83** Redesignated to R.S. 40:1105.4 by HCR 84 of 2015 R.S. {#sec-40-1299.83 omnilex-key=us-la-statutes--rs-title-40--40:1299.83}

*Redesignated to R.S. 40:1105.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.84** Redesignated to R.S. 40:1105.5 by HCR 84 of 2015 R.S. {#sec-40-1299.84 omnilex-key=us-la-statutes--rs-title-40--40:1299.84}

*Redesignated to R.S. 40:1105.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.85** Redesignated to R.S. 40:1105.6 by HCR 84 of 2015 R.S. {#sec-40-1299.85 omnilex-key=us-la-statutes--rs-title-40--40:1299.85}

*Redesignated to R.S. 40:1105.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.86** Redesignated to R.S. 40:1105.7 by HCR 84 of 2015 R.S. {#sec-40-1299.86 omnilex-key=us-la-statutes--rs-title-40--40:1299.86}

*Redesignated to R.S. 40:1105.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.87** Redesignated to R.S. 40:1105.8 by HCR 84 of 2015 R.S. {#sec-40-1299.87 omnilex-key=us-la-statutes--rs-title-40--40:1299.87}

*Redesignated to R.S. 40:1105.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.88** Redesignated to R.S. 40:1105.9 by HCR 84 of 2015 R.S. {#sec-40-1299.88 omnilex-key=us-la-statutes--rs-title-40--40:1299.88}

*Redesignated to R.S. 40:1105.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.89** Redesignated to R.S. 40:1105.10 by HCR 84 of 2015 R.S. {#sec-40-1299.89 omnilex-key=us-la-statutes--rs-title-40--40:1299.89}

*Redesignated to R.S. 40:1105.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.90** Redesignated to R.S. 40:1105.11 by HCR 84 of 2015 R.S. {#sec-40-1299.90 omnilex-key=us-la-statutes--rs-title-40--40:1299.90}

*Redesignated to R.S. 40:1105.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.90.1** Redesignated to R.S. 40:1105.12 by HCR 84 of 2015 R.S. {#sec-40-1299.90.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.90.1}

*Redesignated to R.S. 40:1105.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.90.2** Redesignated to R.S. 40:1105.13 by HCR 84 of 2015 R.S. {#sec-40-1299.90.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.90.2}

*Redesignated to R.S. 40:1105.13 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.91** Redesignated to R.S. 13:5108.2 by HCR 84 of 2015 R.S. {#sec-40-1299.91 omnilex-key=us-la-statutes--rs-title-40--40:1299.91}

*Redesignated to R.S. 13:5108.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.96** Redesignated to R.S. 40:1165.1 by HCR 84 of 2015 R.S. {#sec-40-1299.96 omnilex-key=us-la-statutes--rs-title-40--40:1299.96}

*Redesignated to R.S. 40:1165.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.96.1** Redesignated to R.S. 40:1165.2 by HCR 84 of 2015 R.S. {#sec-40-1299.96.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.96.1}

*Redesignated to R.S. 40:1165.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.97** Redesignated to R.S. 40:1165.3 by HCR 84 of 2015 R.S. {#sec-40-1299.97 omnilex-key=us-la-statutes--rs-title-40--40:1299.97}

*Redesignated to R.S. 40:1165.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.97.1** Redesignated to R.S. 40:1167.1 by HCR 84 of 2015 R.S. {#sec-40-1299.97.1 omnilex-key=us-la-statutes--rs-title-40--40:1299.97.1}

*Redesignated to R.S. 40:1167.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.97.2** Redesignated to R.S. 40:1167.2 by HCR 84 of 2015 R.S. {#sec-40-1299.97.2 omnilex-key=us-la-statutes--rs-title-40--40:1299.97.2}

*Redesignated to R.S. 40:1167.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.97.3** Redesignated to R.S. 40:1167.3 by HCR 84 of 2015 R.S. {#sec-40-1299.97.3 omnilex-key=us-la-statutes--rs-title-40--40:1299.97.3}

*Redesignated to R.S. 40:1167.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.97.4** Redesignated to R.S. 40:1167.4 by HCR 84 of 2015 R.S. {#sec-40-1299.97.4 omnilex-key=us-la-statutes--rs-title-40--40:1299.97.4}

*Redesignated to R.S. 40:1167.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.100** Redesignated to R.S. 40:1289.11 by HCR 84 of 2015 R.S. {#sec-40-1299.100 omnilex-key=us-la-statutes--rs-title-40--40:1299.100}

*Redesignated to R.S. 40:1289.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.111** Redesignated to R.S. 40:1071 by HCR 84 of 2015 R.S. {#sec-40-1299.111 omnilex-key=us-la-statutes--rs-title-40--40:1299.111}

*Redesignated to R.S. 40:1071 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.112** Redesignated to R.S. 40:1071.1 by HCR 84 of 2015 R.S. {#sec-40-1299.112 omnilex-key=us-la-statutes--rs-title-40--40:1299.112}

*Redesignated to R.S. 40:1071.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.113** Redesignated to R.S. 40:1071.2 by HCR 84 of 2015 R.S. {#sec-40-1299.113 omnilex-key=us-la-statutes--rs-title-40--40:1299.113}

*Redesignated to R.S. 40:1071.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.114** Redesignated to R.S. 40:1071.3 by HCR 84 of 2015 R.S. {#sec-40-1299.114 omnilex-key=us-la-statutes--rs-title-40--40:1299.114}

*Redesignated to R.S. 40:1071.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.115** Redesignated to R.S. 40:1071.4 by HCR 84 of 2015 R.S. {#sec-40-1299.115 omnilex-key=us-la-statutes--rs-title-40--40:1299.115}

*Redesignated to R.S. 40:1071.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.116** Redesignated to R.S. 40:1071.5 by HCR 84 of 2015 R.S. {#sec-40-1299.116 omnilex-key=us-la-statutes--rs-title-40--40:1299.116}

*Redesignated to R.S. 40:1071.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.117** Redesignated to R.S. 40:1071.6 by HCR 84 of 2015 R.S. {#sec-40-1299.117 omnilex-key=us-la-statutes--rs-title-40--40:1299.117}

*Redesignated to R.S. 40:1071.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.118** Redesignated to R.S. 40:1107.1 by HCR 84 of 2015 R.S. {#sec-40-1299.118 omnilex-key=us-la-statutes--rs-title-40--40:1299.118}

*Redesignated to R.S. 40:1107.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.119** Redesignated to R.S. 40:1107.2 by HCR 84 of 2015 R.S. {#sec-40-1299.119 omnilex-key=us-la-statutes--rs-title-40--40:1299.119}

*Redesignated to R.S. 40:1107.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.120** Redesignated to R.S. 40:1107.3 by HCR 84 of 2015 R.S. {#sec-40-1299.120 omnilex-key=us-la-statutes--rs-title-40--40:1299.120}

*Redesignated to R.S. 40:1107.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.121** Redesignated to R.S. 40:1263.1 by HCR 84 of 2015 R.S. {#sec-40-1299.121 omnilex-key=us-la-statutes--rs-title-40--40:1299.121}

*Redesignated to R.S. 40:1263.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.122** Redesignated to R.S. 40:1263.2 by HCR 84 of 2015 R.S. {#sec-40-1299.122 omnilex-key=us-la-statutes--rs-title-40--40:1299.122}

*Redesignated to R.S. 40:1263.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.123** Redesignated to R.S. 40:1263.3 by HCR 84 of 2015 R.S. {#sec-40-1299.123 omnilex-key=us-la-statutes--rs-title-40--40:1299.123}

*Redesignated to R.S. 40:1263.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.124** Redesignated to R.S. 40:1263.4 by HCR 84 of 2015 R.S. {#sec-40-1299.124 omnilex-key=us-la-statutes--rs-title-40--40:1299.124}

*Redesignated to R.S. 40:1263.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.125** Redesignated to R.S. 40:1263.5 by HCR 84 of 2015 R.S. {#sec-40-1299.125 omnilex-key=us-la-statutes--rs-title-40--40:1299.125}

*Redesignated to R.S. 40:1263.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.131** Redesignated to R.S. 40:1161.1 by HCR 84 of 2015 R.S. {#sec-40-1299.131 omnilex-key=us-la-statutes--rs-title-40--40:1299.131}

*Redesignated to R.S. 40:1161.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.141** Redesignated to R.S. 40:1113.1 by HCR 84 of 2015 R.S. {#sec-40-1299.141 omnilex-key=us-la-statutes--rs-title-40--40:1299.141}

*Redesignated to R.S. 40:1113.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.142** Redesignated to R.S. 40:1113.2 by HCR 84 of 2015 R.S. {#sec-40-1299.142 omnilex-key=us-la-statutes--rs-title-40--40:1299.142}

*Redesignated to R.S. 40:1113.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.143** Redesignated to R.S. 40:1113.3 by HCR 84 of 2015 R.S. {#sec-40-1299.143 omnilex-key=us-la-statutes--rs-title-40--40:1299.143}

*Redesignated to R.S. 40:1113.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.144** Redesignated to R.S. 40:1113.4 by HCR 84 of 2015 R.S. {#sec-40-1299.144 omnilex-key=us-la-statutes--rs-title-40--40:1299.144}

*Redesignated to R.S. 40:1113.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.145** Redesignated to R.S. 40:1113.5 by HCR 84 of 2015 R.S. {#sec-40-1299.145 omnilex-key=us-la-statutes--rs-title-40--40:1299.145}

*Redesignated to R.S. 40:1113.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.146** Redesignated to R.S. 40:1113.6 by HCR 84 of 2015 R.S. {#sec-40-1299.146 omnilex-key=us-la-statutes--rs-title-40--40:1299.146}

*Redesignated to R.S. 40:1113.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.147** Redesignated to R.S. 40:1113.7 by HCR 84 of 2015 R.S. {#sec-40-1299.147 omnilex-key=us-la-statutes--rs-title-40--40:1299.147}

*Redesignated to R.S. 40:1113.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.151** Redesignated to R.S. 40:1215.1 by HCR 84 of 2015 R.S. {#sec-40-1299.151 omnilex-key=us-la-statutes--rs-title-40--40:1299.151}

*Redesignated to R.S. 40:1215.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.152** Redesignated to R.S. 40:1215.2 by HCR 84 of 2015 R.S. {#sec-40-1299.152 omnilex-key=us-la-statutes--rs-title-40--40:1299.152}

*Redesignated to R.S. 40:1215.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.171** Redesignated to R.S. 40:1275.1 by HCR 84 of 2015 R.S. {#sec-40-1299.171 omnilex-key=us-la-statutes--rs-title-40--40:1299.171}

*Redesignated to R.S. 40:1275.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.172** Redesignated to R.S. 40:1275.2 by HCR 84 of 2015 R.S. {#sec-40-1299.172 omnilex-key=us-la-statutes--rs-title-40--40:1299.172}

*Redesignated to R.S. 40:1275.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.173** Redesignated to R.S. 40:1275.3 by HCR 84 of 2015 R.S. {#sec-40-1299.173 omnilex-key=us-la-statutes--rs-title-40--40:1299.173}

*Redesignated to R.S. 40:1275.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.174** Redesignated to R.S. 40:1275.4 by HCR 84 of 2015 R.S. {#sec-40-1299.174 omnilex-key=us-la-statutes--rs-title-40--40:1299.174}

*Redesignated to R.S. 40:1275.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.175** Repealed by Acts 1995, No. 350, §2, eff. June 16, 1995. {#sec-40-1299.175 omnilex-key=us-la-statutes--rs-title-40--40:1299.175}

*Repealed by Acts 1995, No. 350, §2, eff. June 16, 1995.*

##### **§ 40:1299.181** Redesignated to R.S. 40:1089.1 by HCR 84 of 2015 R.S. {#sec-40-1299.181 omnilex-key=us-la-statutes--rs-title-40--40:1299.181}

*Redesignated to R.S. 40:1089.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.182** Redesignated to R.S. 40:1089.2 by HCR 84 of 2015 R.S. {#sec-40-1299.182 omnilex-key=us-la-statutes--rs-title-40--40:1299.182}

*Redesignated to R.S. 40:1089.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.183** Redesignated to R.S. 40:1089.3 by HCR 84 of 2015 R.S. {#sec-40-1299.183 omnilex-key=us-la-statutes--rs-title-40--40:1299.183}

*Redesignated to R.S. 40:1089.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.184** Redesignated to R.S. 40:1089.4 by HCR 84 of 2015 R.S. {#sec-40-1299.184 omnilex-key=us-la-statutes--rs-title-40--40:1299.184}

*Redesignated to R.S. 40:1089.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.185** Redesignated to R.S. 40:1089.5 by HCR 84 of 2015 R.S. {#sec-40-1299.185 omnilex-key=us-la-statutes--rs-title-40--40:1299.185}

*Redesignated to R.S. 40:1089.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.186** Redesignated to R.S. 40:1087.1 by HCR 84 of 2015 R.S. {#sec-40-1299.186 omnilex-key=us-la-statutes--rs-title-40--40:1299.186}

*Redesignated to R.S. 40:1087.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.187** Terminated by Acts 1999, No. 1047, §1, eff. March 31, 2001. {#sec-40-1299.187 omnilex-key=us-la-statutes--rs-title-40--40:1299.187}

##### **§ 40:1299.188** Terminated by Acts 1999, No. 1047, §1, eff. March 31, 2001. {#sec-40-1299.188 omnilex-key=us-la-statutes--rs-title-40--40:1299.188}

##### **§ 40:1299.190** Blank {#sec-40-1299.190 omnilex-key=us-la-statutes--rs-title-40--40:1299.190}

*Blank*

##### **§ 40:1299.191** Redesignated to R.S. 40:1213.1 by HCR 84 of 2015 R.S. {#sec-40-1299.191 omnilex-key=us-la-statutes--rs-title-40--40:1299.191}

*Redesignated to R.S. 40:1213.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.192** Redesignated to R.S. 40:1213.2 by HCR 84 of 2015 R.S. {#sec-40-1299.192 omnilex-key=us-la-statutes--rs-title-40--40:1299.192}

*Redesignated to R.S. 40:1213.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.193** Redesignated to R.S. 40:1213.3 by HCR 84 of 2015 R.S. {#sec-40-1299.193 omnilex-key=us-la-statutes--rs-title-40--40:1299.193}

*Redesignated to R.S. 40:1213.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.194** Redesignated to R.S. 40:1213.4 by HCR 84 of 2015 R.S. {#sec-40-1299.194 omnilex-key=us-la-statutes--rs-title-40--40:1299.194}

*Redesignated to R.S. 40:1213.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1299.195** Redesignated to R.S. 40:1213.5 by HCR 84 of 2015 R.S. {#sec-40-1299.195 omnilex-key=us-la-statutes--rs-title-40--40:1299.195}

*Redesignated to R.S. 40:1213.5 by HCR 84 of 2015 R.S.*

### **CHAPTER 5-G** MISCELLANEOUS HEALTH PROVISIONS

#### **PART I** HUMAN CLONING

##### **§ 40:1300** Use of public monies for human cloning; prohibition; exceptions {#sec-40-1300 omnilex-key=us-la-statutes--rs-title-40--40:1300}

A. Notwithstanding any other provision of law to the contrary, public funds,
including tax proceeds, funds received from the federal government, or other revenues of the
state or political subdivisions thereof, shall not be used by any person or entity, including any
state-funded institution or facility, for human somatic cell nuclear transfer, commonly known
as human cloning.

B. This Section shall not prohibit areas of scientific research which are not
specifically prohibited by this Section, including research in the use of nuclear transfer or
other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than
human embryos, tissues, organs, plants, or animals other than humans nor shall this Section
prohibit the use of state, private, or federal funds for research using embryonic stem cell lines
approved for federal funding prior to August 9, 2001.

C. For purposes of this Section, "human somatic cell nuclear transfer" shall mean
human asexual reproduction that is accomplished by introducing the genetic material from
one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear
material has been removed or inactivated so as to produce an organism, at any state of
development, that is genetically virtually identical to an existing or previously existing
human organism.

*Acts 2008, No. 486, §1, eff. June 25, 2008; Redesignated from R.S. 40:1299.36 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.1** Redesignated to R.S. 40:1205.1 by HCR 84 of 2015 R.S. {#sec-40-1300.1 omnilex-key=us-la-statutes--rs-title-40--40:1300.1}

*Redesignated to R.S. 40:1205.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.2** Redesignated to R.S. 40:1205.2 by HCR 84 of 2015 R.S. {#sec-40-1300.2 omnilex-key=us-la-statutes--rs-title-40--40:1300.2}

*Redesignated to R.S. 40:1205.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.3** Redesignated to R.S. 40:1205.3 by HCR 84 of 2015 R.S. {#sec-40-1300.3 omnilex-key=us-la-statutes--rs-title-40--40:1300.3}

*Redesignated to R.S. 40:1205.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.4** Redesignated to R.S. 40:1205.4 by HCR 84 of 2015 R.S. {#sec-40-1300.4 omnilex-key=us-la-statutes--rs-title-40--40:1300.4}

*Redesignated to R.S. 40:1205.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.5** Redesignated to R.S. 40:1205.5 by HCR 84 of 2015 R.S. {#sec-40-1300.5 omnilex-key=us-la-statutes--rs-title-40--40:1300.5}

*Redesignated to R.S. 40:1205.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.6** Redesignated to R.S. 40:1205.6 by HCR 84 of 2015 R.S. {#sec-40-1300.6 omnilex-key=us-la-statutes--rs-title-40--40:1300.6}

*Redesignated to R.S. 40:1205.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.7** Redesignated to R.S. 40:1205.7 by HCR 84 of 2015 R.S. {#sec-40-1300.7 omnilex-key=us-la-statutes--rs-title-40--40:1300.7}

*Redesignated to R.S. 40:1205.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.8** Blank {#sec-40-1300.8 omnilex-key=us-la-statutes--rs-title-40--40:1300.8}

*Blank*

##### **§ 40:1300.8.1** Redesignated to R.S. 40:1207.1 by HCR 84 of 2015 R.S. {#sec-40-1300.8.1 omnilex-key=us-la-statutes--rs-title-40--40:1300.8.1}

*Redesignated to R.S. 40:1207.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.8.2** Redesignated to R.S. 40:1207.2 by HCR 84 of 2015 R.S. {#sec-40-1300.8.2 omnilex-key=us-la-statutes--rs-title-40--40:1300.8.2}

*Redesignated to R.S. 40:1207.2 by HCR 84 of 2015 R.S.*

#### **PART II** MASS MEETINGS

##### **§ 40:1300.11** Definitions {#sec-40-1300.11 omnilex-key=us-la-statutes--rs-title-40--40:1300.11}

For the purposes of this Part "mass meeting" shall mean any gathering or the
prospective gathering of over five thousand people; provided that the term "mass meeting"
shall not include meetings and assemblies of members of bona fide labor organizations when
said meetings are held in furtherance of any legitimate collective bargaining activity,
business activity, or political activity of such labor organizations.

Added by Acts 1970, No. 3, §1, eff. May 28, 1970; Redesignated from R.S.
40:1299.11 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1300.11 redesignated to R.S. 40:1171.1 by HCR 84 of 2015
R.S.

##### **§ 40:1300.12** Permits {#sec-40-1300.12 omnilex-key=us-la-statutes--rs-title-40--40:1300.12}

A. In parishes with a population of less than two hundred thousand the governing
authority may, by ordinance, provide for the regulation and issuance of permits for mass
meetings in the interest of public health and safety. Such ordinance may specify objective
and reasonable standards which may be necessary to protect the public health or safety
including requirements that the permit be conditioned on the applicant furnishing a bond of
an amount up to one hundred thousand dollars issued by a surety company authorized to
transact business in the State of Louisiana to guarantee full compliance with the ordinance
under which the permit was issued as well as the other laws of this state. The bond shall also
cover expenses of the cleanup of the site as well as all damages sustained by the governing
body issuing the permit and all damages sustained by any person as a result of the activity
of the mass gathering. In lieu of a surety bond, if required by the ordinance of the governing
authority, the person holding or promoting the mass gathering may deposit with the
governing authority of the parish a cash deposit in a like amount. Applications for permits
which meet the standards specified in the ordinance and who have posted bond in accordance
therewith shall be granted. The reason for the refusal of any such permit shall be conveyed
in writing to the applicant by the issuing authority.

B. Such ordinance may be adopted by the governing authority immediately and
without delay.

C. The provisions of this bill shall not apply or affect incorporated municipalities or
their right to grant or refuse such permits as may be permitted by other laws of this state.

Added by Acts 1970, No. 3, §1, eff. May 28, 1970. Amended by Acts 1972, No. 301;
Redesignated from R.S. 40:1299.12 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1300.12 redesignated to R.S. 40:1171.2 by HCR 84 of 2015
R.S.

##### **§ 40:1300.13** Application of Part; exceptions {#sec-40-1300.13 omnilex-key=us-la-statutes--rs-title-40--40:1300.13}

The provisions of this Part shall apply to all groups, associations or organizations,
except meetings and assemblies of the members of bona fide labor organizations when said
meetings are held in furtherance of any legitimate collective bargaining activity, business
activity, or political activity of such labor organizations, regardless of race, creed, color,
disability, as defined in R.S. 51:2232, or political beliefs of its members; however, nothing
contained herein shall apply to mass meetings held in permanent structures dedicated to the
purpose of accommodating the type of gathering in question.

Added by Acts 1970, No. 3, §1, eff. May 28, 1970. Acts 1993, No. 820, §7;
Redesignated from R.S. 40:1299.13 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1300.13 redesignated to R.S. 40:1171.3 by HCR 84 of 2015
R.S.

##### **§ 40:1300.14** Redesignated to R.S. 40:1171.4 by HCR 84 of 2015 R.S. {#sec-40-1300.14 omnilex-key=us-la-statutes--rs-title-40--40:1300.14}

*Redesignated to R.S. 40:1171.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.15** Redesignated to R.S. 40:1171.5 by HCR 84 of 2015 R.S. {#sec-40-1300.15 omnilex-key=us-la-statutes--rs-title-40--40:1300.15}

*Redesignated to R.S. 40:1171.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.16** Repealed by Acts 2007, No. 153, §2. {#sec-40-1300.16 omnilex-key=us-la-statutes--rs-title-40--40:1300.16}

*Repealed by Acts 2007, No. 153, §2.*

#### **PART III** RESUSCITATORS AT PUBLIC SWIMMING PLACES

##### **§ 40:1300.21** Furnishing and maintaining of resuscitators; penalties {#sec-40-1300.21 omnilex-key=us-la-statutes--rs-title-40--40:1300.21}

A. At each publicly supervised swimming place there shall be located at least one
resuscitator in adequate operating condition furnished and maintained by the governing
authority which operates or supervises the swimming place. Such governing authority shall
furnish resuscitators of the dual model type designed to work on two persons at the same
time, together with at least four cylinders of oxygen and at least two adult masks and two
infant masks for each such dual model. At each such swimming place such governing
authority shall provide at least one lifeguard thoroughly trained in the operation of such
resuscitators and such lifeguard shall be responsible for the maintenance thereof.

B. Whoever violates the provisions of this Section shall be fined not more than one
hundred dollars or imprisoned not more than thirty days, or both.

Acts 1960, No. 578, §1; Redesignated from R.S. 40:1298 by HCR 84 of 2015 RS;
Acts 2018, No. 206, §4.

NOTE: Former R.S. 40:1300.21 redesignated as R.S. 40:1201.1 by HCR 84 of 2015
R.S.

##### **§ 40:1300.22** Redesignated to R.S. 40:1201.2 by HCR 84 of 2015 R.S. {#sec-40-1300.22 omnilex-key=us-la-statutes--rs-title-40--40:1300.22}

*Redesignated to R.S. 40:1201.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.23** Repealed by Acts 2006, No. 815, §2, eff. Jan 1, 2007. {#sec-40-1300.23 omnilex-key=us-la-statutes--rs-title-40--40:1300.23}

*Repealed by Acts 2006, No. 815, §2, eff. Jan 1, 2007.*

##### **§ 40:1300.24** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.24 omnilex-key=us-la-statutes--rs-title-40--40:1300.24}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

##### **§ 40:1300.25** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.25 omnilex-key=us-la-statutes--rs-title-40--40:1300.25}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

##### **§ 40:1300.26** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.26 omnilex-key=us-la-statutes--rs-title-40--40:1300.26}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

##### **§ 40:1300.27** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.27 omnilex-key=us-la-statutes--rs-title-40--40:1300.27}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

##### **§ 40:1300.28** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.28 omnilex-key=us-la-statutes--rs-title-40--40:1300.28}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

#### **PART IV** UNIFORM DUTIES TO DISABLED PERSONS

##### **§ 40:1300.31** Title {#sec-40-1300.31 omnilex-key=us-la-statutes--rs-title-40--40:1300.31}

This Part may be referred to as the Uniform Duties to Disabled Persons Act.

Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.71 by HCR 84
of 2015 R.S.

NOTE: Former R.S. 40:1300.31 redesignated as R.S. 40:1191.1 by HCR 84 of 2015
R.S.

##### **§ 40:1300.32** Definitions {#sec-40-1300.32 omnilex-key=us-la-statutes--rs-title-40--40:1300.32}

As used in this Part, unless the context clearly requires otherwise:

(1) "Disabled conditions" means the condition of being unconscious, semiconscious,
incoherent, or otherwise incapacitated to communicate.

(2) "Disabled person" means a person in a disabled condition.

(3) "Emergency symbol" means the caduceus inscribed within a six-barred cross used
by the American medical association to denote emergency information.

(4) "Identifying device" means an identifying bracelet, necklace, metal tag, or similar
device bearing the emergency symbol and the information needed in an emergency.

(5) "Law enforcement officer" means a person authorized to make arrests for
violations of any laws.

(6) "Medical practitioner" means a person licensed or authorized to practice medicine
pursuant to Sections 1261 through 1290 of Title 37 of the Louisiana Revised Statutes.

*Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.72 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.33** Identifying devices for persons having certain conditions {#sec-40-1300.33 omnilex-key=us-la-statutes--rs-title-40--40:1300.33}

A. Any person who suffers from epilepsy, diabetes, a cardiac condition, or any other
type of illness which causes temporary blackouts, semiconscious periods, or complete
unconsciousness, or who suffers from a condition requiring specific medication or medical
treatment, is allergic to certain medications or items used in medical treatment, wears contact
lenses, has religious objections to certain forms of medication or medical treatment, or is
unable to communicate coherently or effectively in the English language, is authorized and
encouraged to wear an identifying device.

B. Any person may carry an identification card bearing his name, type of medical
condition, physician's name, and other medical information.

C. If any person is wearing an identifying device, such person shall be considered
as giving his consent for any law enforcement officer or medical practitioner, who finds him
in a disabled condition, to make a reasonable search of his clothing, wallet, or purse for an
identification card of the type described in Subsection B of this Section, provided that any
such search shall not be malicious or willfully and deliberately intended to harass, embarrass
or intimidate the disabled person, and further provided that the evidence seized cannot be
used in a criminal prosecution.

*Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.73 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.34** Duty of law enforcement officer {#sec-40-1300.34 omnilex-key=us-la-statutes--rs-title-40--40:1300.34}

A. Each law enforcement officer shall make a diligent effort to determine whether
any disabled person he finds suffers from epilepsy, diabetes, or some other type of illness
which would cause the condition. Whenever feasible, this effort shall be made before the
person is charged with a crime or taken to a place of detention.

B. In seeking to determine whether a disabled person suffers from an illness, each
law enforcement officer shall make a reasonable search for an identifying device and, if the
identifying device is found, may make a reasonable search for an identification card of the
type described in Section 1300.33(B). The law enforcement officer shall not search for an
identifying device or an identification card in a manner or to an extent that would appear to
a reasonable person in the circumstances to cause an unreasonable risk of worsening the
condition of the disabled person.

C. Any law enforcement officer who finds a disabled person without an identifying
device or identification card shall not be relieved of the duty to that person to make a diligent
effort to ascertain the existence of any illness causing the disabled condition, provided that
any such action of the law enforcement officer shall not be malicious or willfully and
deliberately intended to harass, embarrass or intimidate the disabled person, and further
provided that the evidence seized cannot be used in a criminal prosecution.

D. There shall be no cause of action against a law enforcement officer for making
a reasonable search of a disabled person to locate an identifying device, and if the identifying
device is found, for making a reasonable search for an identification card of the type
described in Section 1300.33(B).

E. Each law enforcement officer who determines or has reason to believe that a
disabled person is suffering from an illness causing his condition shall promptly notify the
person's physician, if practicable. If the officer is unable to ascertain the physician's identity
or to communicate with him, the officer shall make a reasonable effort to cause the disabled
person to be transported immediately to a medical practitioner or to a facility where medical
treatment is available. If the officer believes it unduly dangerous to move the disabled
person, he shall make a reasonable effort to obtain the assistance of a medical practitioner.

*Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.74 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.35** Duty of medical practitioners {#sec-40-1300.35 omnilex-key=us-la-statutes--rs-title-40--40:1300.35}

A. Any medical practitioner, in discharging his duty to a disabled person whom he
has undertaken to examine or treat, shall make a reasonable search for an identifying device,
and, if the identifying device is found, may make a reasonable search for an identification
card of the type described in Section 1300.33(B).

B. There shall be no cause of action against a medical practitioner for making a
reasonable search of a disabled person to locate an identifying device, and if the identifying
device is found, for making a reasonable search for an identification card of the type
described in Section 1300.33(B).

*Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.75 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.36** Duty of others {#sec-40-1300.36 omnilex-key=us-la-statutes--rs-title-40--40:1300.36}

A. Any person, other than a law enforcement officer or medical practitioner, who
finds a disabled person shall make a reasonable effort to notify a law enforcement officer or
medical practitioner. If a law enforcement officer or medical practitioner is not present, any
person who finds a disabled person may make a reasonable search for an identifying device,
and, if the identifying device is found, may make a reasonable search for an identification
card of the type described in Section 1300.33(B). If a device or card is located, the person
making the search shall attempt promptly to bring its contents to the attention of a law
enforcement officer or medical practitioner.

B. There shall be no cause of action arising from a reasonable search to locate an
identifying device or identification card as authorized by Subsection A of this Section.

C. The duties imposed by this Section shall be in addition to, and not in limitation
of, any other duties existing under the laws of this state.

*Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.76 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.37** Falsifying identification or misrepresenting condition {#sec-40-1300.37 omnilex-key=us-la-statutes--rs-title-40--40:1300.37}

Any person who, with intent to deceive, provides, wears, uses, or possesses a false
identifying device or identification card of the type described in Section 1300.33(B) shall be
guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the
parish jail for not more than ninety days, or by a fine of not more than three hundred dollars,
or both.

*Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.77 by HCR 84 of 2015 R.S.*

#### **PART V** RESTROOM ACCESS ACT

##### **§ 40:1300.41** Short title {#sec-40-1300.41 omnilex-key=us-la-statutes--rs-title-40--40:1300.41}

This Part shall be known and may be cited as the "Restroom Access Act".

*Acts 2021, No. 444, §1; Acts 2022, No. 271, §9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.1.*

##### **§ 40:1300.42** Definitions {#sec-40-1300.42 omnilex-key=us-la-statutes--rs-title-40--40:1300.42}

As used in this Part, the following terms have the following meanings ascribed to
them unless the context clearly indicates otherwise:

(1) "Eligible medical condition" means Crohn's disease, ulcerative colitis,
inflammatory bowel disease, irritable bowel disease, or any other medical condition that
requires the use of an ostomy device or immediate access to a restroom.

(2) "Ostomy device" means a medical device that creates an artificial passage for
elimination of body waste.

(3) "Retail establishment" means any business whether a sole proprietorship,
corporation, partnership, or otherwise that holds or stores articles, products, commodities,
items, or components for sale to the public or to other retail establishments.

*Acts 2021, No. 444, §1; Acts 2022, No. 271, §9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.2.*

##### **§ 40:1300.43** Restroom access {#sec-40-1300.43 omnilex-key=us-la-statutes--rs-title-40--40:1300.43}

A. Any retail establishment that has a restroom for employee use, which does not
permit individuals to access the employee restroom, shall allow an individual to use the
restroom during normal business hours if the restroom is maintained in a reasonably safe
manner and all of the following conditions are met:

(1) The individual requesting access to the employee restroom presents a copy of a
written statement, signed, and issued by a healthcare provider on the healthcare provider's
letterhead or of a facility with which the healthcare provider is associated, stating that the
individual suffers from an eligible medical condition as provided in R.S. 40:1123.2 or
utilizes an ostomy device.

(2) A public restroom is not immediately accessible to the individual.

(3) The employee restroom is located in an area of the retail establishment where
access would not create an obvious risk to the health or safety of the individual or create an
obvious security risk to the retail establishment.

B. This Section shall not apply to any retail establishment that meets either of the
following criteria:

(1) It sells prescription drugs, if the employee restroom is located in an area where
the individual may gain access to any prescription drugs.

(2) It maintains records or information that are subject to the Health Insurance
Portability and Accountability Act of 1996, if the employee restroom is located in an area
where the records or information may be accessed.

*Acts 2021, No. 444, §1; Acts 2022, No. 271, §§4, 9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.3.*

##### **§ 40:1300.44** Liability {#sec-40-1300.44 omnilex-key=us-la-statutes--rs-title-40--40:1300.44}

A. A retail establishment or an employee of a retail establishment shall not be liable
for any act or omission when an individual is allowed access to an employee restroom
pursuant to the provisions of this Part, if such act or omission meets all of the following
requirements:

(1) It does not constitute gross, willful, or wanton negligence on the part of the retail
establishment or an employee of the retail establishment.

(2) It occurs in an area of the retail establishment that is not otherwise accessible to
the public.

(3) It results in injury or death of the individual other than an employee
accompanying the individual to the employee restroom.

B. No retail establishment shall be required to make any physical change to an
employee restroom to effectuate the purposes of this Part.

*Acts 2021, No. 444, §1; Acts 2022, No. 271, §9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.4.*

##### **§ 40:1300.45** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.45 omnilex-key=us-la-statutes--rs-title-40--40:1300.45}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

##### **§ 40:1300.46** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.46 omnilex-key=us-la-statutes--rs-title-40--40:1300.46}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

##### **§ 40:1300.47** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.47 omnilex-key=us-la-statutes--rs-title-40--40:1300.47}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

##### **§ 40:1300.48** Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007. {#sec-40-1300.48 omnilex-key=us-la-statutes--rs-title-40--40:1300.48}

*Repealed by Acts 2006, No. 815, §2, eff. Jan. 1, 2007.*

#### **PART VI** DON SCOGGINS LAW

##### **§ 40:1300.51** Short title {#sec-40-1300.51 omnilex-key=us-la-statutes--rs-title-40--40:1300.51}

This Part shall be known and may be cited as the " Don Scoggins Law".

*Acts 2023, No. 367, §1; Acts 2024, No. 666, §1.*

##### **§ 40:1300.52** Legislative findings {#sec-40-1300.52 omnilex-key=us-la-statutes--rs-title-40--40:1300.52}

The legislature hereby finds and affirms all of the following:

(1) Leaving the safety and comfort of one's home to enter an inpatient healthcare
facility is a very scary experience for an individual regardless of the reason for entering the
facility or the expected length of stay in the facility.

(2) An inpatient healthcare facility can be a very intimidating place with new sights,
sounds, and smells; long periods of isolation; and a myriad of strangers coming quickly in
and out of your room at all hours of the day and night.

(3) Many individuals find the process of entering an inpatient healthcare facility
overwhelming, particularly children, the elderly, individuals who entered the facility under
emergency situations, and those with behavioral health challenges, intellectual disabilities,
or profound health complications.

(4) In many instances, the patient or resident of the inpatient healthcare facility is so
afraid that they are not able to adequately process the information that they are being given
such as a particular diagnosis, medication management, safety procedures, recovery
instructions, or food or liquid limitations.

(5) Being a patient or resident in an inpatient healthcare facility also yields itself to
very long, boring days of isolation which can cause depression, anxiety, diminished will to
improve or even to live, and for individuals with limited functionality, they often go for
hours without moving, speaking, or even opening their eyes.

(6) Having a reliable person visit, be it a family member or friend, serves as a source
of strength and companionship to a patient or resident in an inpatient healthcare facility,
often expressed through reassuring words or a compassionate hug or holding of one's hand,
and also allows for a fresh and focused set of eyes and ears to be aware of the totality of the
circumstances of the situation.

*Acts 2023, No. 367, §1.*

##### **§ 40:1300.53** Applicability {#sec-40-1300.53 omnilex-key=us-la-statutes--rs-title-40--40:1300.53}

The provisions of this Part shall apply to all of the following:

(1) Licensed centers that provide care for persons with developmental disabilities as
defined in R.S. 28:751.

(2) Hospitals as defined in R.S. 40:2102.

(3) Licensed facilities that provide inpatient hospice care as defined in R.S. 40:2182.

(4) Nursing homes as defined in R.S. 40:2009.2.

*Acts 2023, No. 367, §1.*

##### **§ 40:1300.54** In-person visitation policies; requirements {#sec-40-1300.54 omnilex-key=us-la-statutes--rs-title-40--40:1300.54}

A. In accordance with R.S. 40:2005, any person eighteen years or older may
designate those individuals who will not be denied access to visit him in person during any
stay in any hospital, nursing home, or other healthcare facility within the state of Louisiana.

B. In accordance with R.S. 40:2005.1, hospitals, nursing homes, and adult residential
care homes may allow members of the clergy to visit patients or residents during a public
health emergency whenever a patient or resident or the legal or designated representative of
the patient or resident requests the visit. Special consideration shall be given to patients or
residents receiving end-of-life care.

C. In accordance with R.S. 40:2009.4, licensed nursing facilities may allow
immediate family members and other designated persons to visit residents during a public
health emergency whenever a resident or the legal or designated representative of the resident
requests the visit. Special consideration shall be given to residents receiving end-of-life care.

D. In accordance with R.S. 40:2166.5, licensed adult residential care providers may
allow immediate family members and other designated persons to visit residents during a
public health emergency whenever a resident or the legal or designated representative of the
resident requests the visit. Special consideration shall be given to residents receiving
end-of-life care.

E. In accordance with R.S. 40:2180.2, licensed intermediate care facilities for people
with developmental disabilities (ICF/DD) may allow any close family member or legal
representative of a resident of an ICF/DD to visit the resident during any state of public
health emergency.

*Acts 2023, No. 367, §1.*

##### **§ 40:1300.55** Designation of an essential caregiver; circumstances for visitation {#sec-40-1300.55 omnilex-key=us-la-statutes--rs-title-40--40:1300.55}

A.(1) Any facility identified in R.S. 40:1300.53 shall allow in-person visitation by
a designated essential caregiver daily in addition to any other visitation provisions authorized
by the facility. However, the provisions of this Section shall not apply to licensed forensic
psychiatric hospitals.

(2) In accordance with this Section, a resident, client, or patient of any facility
identified in R.S. 40:1300.53 may designate at least one visitor who is a family member,
friend, guardian, or other individual as a designated essential caregiver.

(3) The designated essential caregiver shall not be required to provide advance notice
of the intent to visit the patient. The visits of the designated essential caregiver as provided
in this Section shall not be constrained for any reason other than medical necessity, which
shall include medical procedures and emergencies.

(4) The designated essential caregiver shall not be required to provide necessary care
to a resident, client, or patient of a facility. A facility providing such care shall not require
a designated essential caregiver to provide such care.

B. The visitation provisions of this Section may allow in-person visitation unless
otherwise restricted by law or by order of the court.

C. The visitation policies and procedures of any facility identified in R.S. 40:1300.53
shall require a designated essential caregiver to agree in writing to follow such policies and
procedures. A facility may suspend in-person visitation for a designated essential caregiver
if the designated essential caregiver violates the facility's visitation policies and procedures.

D. Access to a religious or spiritual support person shall be included in addition to
the designated essential caregiver and in accordance with R.S. 40:2005.1.

*Acts 2023, No. 367, §1; Acts 2024, No. 666, §1.*

##### **§ 40:1300.56** Redesignated to R.S. 40:1203.6 by HCR 84 of 2015 R.S. {#sec-40-1300.56 omnilex-key=us-la-statutes--rs-title-40--40:1300.56}

*Redesignated to R.S. 40:1203.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.57** Redesignated to R.S. 40:1203.7 by HCR 84 of 2015 R.S. {#sec-40-1300.57 omnilex-key=us-la-statutes--rs-title-40--40:1300.57}

*Redesignated to R.S. 40:1203.7 by HCR 84 of 2015 R.S.*

#### **PART VII** LOCAL OPTION FOR CONTROL OF MITRAGYNINE SPECIOSA

##### **§ 40:1300.61** Short title {#sec-40-1300.61 omnilex-key=us-la-statutes--rs-title-40--40:1300.61}

This Part shall be known and may be cited as the "Local Option for Mitragynine
Speciosa".

*Acts 2023, No. 416, §2.*

##### **§ 40:1300.62** Definitions {#sec-40-1300.62 omnilex-key=us-la-statutes--rs-title-40--40:1300.62}

As used in this Part, the following terms have the following meanings ascribed to
them unless the context clearly indicates otherwise:

(1) "Local government" means a parish or municipality, as provided pursuant to
Article VI, Sections 1 and 2 of the Constitution of Louisiana.

(2) "Mitragynine speciosa" shall have the same meaning as defined in R.S. 14:91.10.

*Acts 2023, No. 416, §2.*

##### **§ 40:1300.63** Local government prohibition or regulation {#sec-40-1300.63 omnilex-key=us-la-statutes--rs-title-40--40:1300.63}

Notwithstanding any other provision of law to the contrary, a local government may
enact an ordinance to prohibit the sale or distribution of mitragynine speciosa products or to
regulate the sale or distribution of mitragynine speciosa products in a manner that is more
restrictive than provided for in R.S. 14:91.10.

*Acts 2023, No. 416, §2.*

##### **§ 40:1300.64** Redesignated to R.S. 40:1273.4 by HCR 84 of 2015 R.S. {#sec-40-1300.64 omnilex-key=us-la-statutes--rs-title-40--40:1300.64}

*Redesignated to R.S. 40:1273.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.65** Redesignated to R.S. 40:1273.5 by HCR 84 of 2015 R.S. {#sec-40-1300.65 omnilex-key=us-la-statutes--rs-title-40--40:1300.65}

*Redesignated to R.S. 40:1273.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.66** Redesignated to R.S. 40:1273.6 by HCR 84 of 2015 R.S. {#sec-40-1300.66 omnilex-key=us-la-statutes--rs-title-40--40:1300.66}

*Redesignated to R.S. 40:1273.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.67** Redesignated to R.S. 40:1273.7 by HCR 84 of 2015 R.S. {#sec-40-1300.67 omnilex-key=us-la-statutes--rs-title-40--40:1300.67}

*Redesignated to R.S. 40:1273.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.68** Redesignated to R.S. 40:1273.8 by HCR 84 of 2015 R.S. {#sec-40-1300.68 omnilex-key=us-la-statutes--rs-title-40--40:1300.68}

*Redesignated to R.S. 40:1273.8 by HCR 84 of 2015 R.S.*

#### **PART VIII** HOPE FOR LOUISIANA PATIENTS

##### **§ 40:1300.71** Short title {#sec-40-1300.71 omnilex-key=us-la-statutes--rs-title-40--40:1300.71}

This Part shall be known and may be cited as the "Hope for Louisiana Patients Law".

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.72** Definitions {#sec-40-1300.72 omnilex-key=us-la-statutes--rs-title-40--40:1300.72}

As used in this Part, the following terms have the meanings ascribed to them:

(1) "Eligible facility" means an institution that is operating with a Federalwide
Assurance for the Protection of Human Subjects, in accordance with 42 U.S.C. 289(a) and
45 CFR Part 46, and an eligible facility that is subject to the Federalwide Assurance for the
Protection of Human Subjects laws, regulations, policies, and guidelines, including renewals
and updates.

(2) "Eligible patient" means an individual who meets all of the following conditions:

(a) Has considered all other treatment options currently approved by the United
States Food and Drug Administration.

(b) Has received a recommendation from his physician for an individualized
investigational treatment, based on analysis of the patient's genomic sequence, human
chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products such as
enzymes and other types of proteins, or metabolites.

(c) Has a life-threatening, severely debilitating illness or serious disease or condition
associated with morbidity that has a substantial impact on day-to-day functioning and is
attested to by the patient's treating physician.

(d) Has given written, informed consent for the use of the investigational drug,
biological product, or device.

(e) Has documentation from his physician that the patient meets the requirements of
this Part.

(3) "Individualized investigational treatment" means drugs, biological products, or
devices that are unique to and produced exclusively for use for an individual patient, based
on his own genetic profile.

(a) "Individualized investigational treatment" includes but is not limited to
individualized gene therapy antisense oligonucleotides and individualized neoantigen
vaccines.

(b) "Individualized investigational treatment" does not include any drug, biological
product, or device derived from human primary or secondary embryonic stem cells or cell
lines, or tissues or cells derived from abortion, but does include any drug, biological product,
or device derived from human perinatal tissues, cells, and secreted factors not obtained from
an abortion.

(4) "Life-threatening or severely debilitating illness," has the same meaning as
provided in 21 CFR 312.81, or any successor law or regulation, as applicable.

(5) "Written, informed consent" means a written document that is signed by the
patient, or if the patient is a minor, by any person authorized to consent in accordance with
the Louisiana Medical Consent Law, R.S. 40:1159.1, et seq., and attested to by the patient's
physician and a witness and that, at a minimum, includes all of the following:

(a) An explanation of the currently approved products and treatments for the illness,
disease, or condition from which the patient suffers.

(b) An attestation that the patient concurs with his physician in believing that all
currently approved and conventionally recognized treatments are unlikely to prolong the
patient's life.

(c) Clear identification of the specific proposed individualized investigational drug,
biological product, or device that the patient is seeking to use.

(d)(i) A description of the potentially best and worst outcomes of using the
individualized investigational drug, biological product, or device and a realistic description
of the most likely outcome.

(ii) The description shall include the possibility that new, unanticipated, different,
or worse symptoms might result and that death could be hastened by the proposed treatment.

(iii) The description shall be based on the physician's knowledge of the proposed
treatment in conjunction with an awareness of the patient's condition.

(e) A statement that the patient's health plan or third-party administrator and provider
are not obligated to pay for any care or treatments consequent to the use of the individualized
investigational drug, biological product, or device, unless they are specifically required to do
so by law or contract.

(f) A statement that the patient's eligibility for hospice care may be withdrawn if the
patient begins curative treatment with the individualized investigational drug, biological
product, or device and that care may be reinstated if this treatment ends and the patient meets
hospice eligibility requirements.

(g) A statement that the patient understands that the patient is liable for all expenses
consequent to the use of the individualized investigational drug, biological product, or device
and that this liability extends to the patient's estate, unless a contract between the patient and
the manufacturer of the drug, biological product, or device states otherwise.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.73** Individualized investigational drugs; facility and manufacturer abilities {#sec-40-1300.73 omnilex-key=us-la-statutes--rs-title-40--40:1300.73}

A. A manufacturer operating within an eligible facility and in accordance with all
applicable Federalwide Assurance for the Protection of Human Subjects laws and regulations
may make available an individualized investigative treatment and an eligible patient may
request an individualized investigational drug, biological product, or device from an eligible
facility or manufacturer operating within an eligible facility in accordance with this Part.
This Part shall not require a manufacturer to make available an individualized investigational
drug, biological product, or device to an eligible patient.

B. An eligible facility or manufacturer operating within an eligible facility may do
all of the following:

(1) Provide an individualized investigational drug, biological product, or device to
an eligible patient without receiving compensation.

(2) Require an eligible patient to pay the costs of, or the costs associated with, the
manufacture of the investigational drug, biological product, or device.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.74** Coverage expansion; permissible; not required {#sec-40-1300.74 omnilex-key=us-la-statutes--rs-title-40--40:1300.74}

A. This Part shall not expand the coverage required of an insurer in accordance with
any provisions of Title 22 of the Louisiana Revised Statutes of 1950.

B. A health plan, third-party administrator, or governmental agency may provide
coverage for the cost of an individualized investigational drug, biological product, or device
or the cost of services related to the use of an individualized investigational drug, biological
product, or device in accordance with this Part.

C. This Part shall not require any governmental agency to pay costs associated with
the use, care, or treatment of a patient with an individualized investigational drug, biological
product, or device.

D. This Part shall not require a hospital or facility licensed in accordance with R.S.
40:2006(A) and operating or planning to operate within the state to provide new or additional
services unless approved by the hospital or facility.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.75** Patient death; insurance provisions {#sec-40-1300.75 omnilex-key=us-la-statutes--rs-title-40--40:1300.75}

If a patient's death is proximately caused by treatment with an individualized
investigational drug, biological product, or device, the patient's estate, heirs, or devisees are
not liable for any debt remaining after payment by insurance for charges directly incurred for
the treatment. However, this provision shall not provide an exemption to liability for charges
for nonexperimental treatments provided to the patient, including nonexperimental
treatments rendered to the patient due to complications or consequences of the experimental
treatment.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.76** Prohibition of actions taken against licensure of healthcare providers {#sec-40-1300.76 omnilex-key=us-la-statutes--rs-title-40--40:1300.76}

A. A licensing board or disciplinary subcommittee shall not revoke, fail to renew,
suspend, or take any action against a healthcare provider's license issued in accordance with
Chapter 15 of Title 37 of the Louisiana Revised Statutes of 1950 based solely on the
healthcare provider's recommendations to an eligible patient regarding access to or treatment
with an individualized investigational drug, biological product, or device.

B. An entity responsible for Medicare certification shall not take action against a
healthcare provider's Medicare certification based solely on the healthcare provider's
recommendation that a patient has access to an individualized investigational drug, biological
product, or device.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.77** Eligible patient's access to individualized investigational drugs, biological products, or devices {#sec-40-1300.77 omnilex-key=us-la-statutes--rs-title-40--40:1300.77}

A. An official, employee, or agent of this state shall not block or attempt to block an
eligible patient's access to an individualized investigational drug, biological product, or
device.

B. Providing counseling, advice, or a recommendation consistent with medical
standards of care from a licensed healthcare provider shall not be a violation of this Section.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.78** Prohibition of private causes of action and insurance mandates {#sec-40-1300.78 omnilex-key=us-la-statutes--rs-title-40--40:1300.78}

A. This Part shall not create a private cause of action against a manufacturer of an
individualized investigational drug, biological product, or device or against any other person
or entity involved in the care of an eligible patient using the individualized investigational
drug, biological product, or device for any harm done to the eligible patient resulting from
the individualized investigational drug, biological product, or device, if the manufacturer or
other person or entity is complying in good faith with the terms of this Part and has exercised
reasonable care.

B. This Part shall not affect any mandatory healthcare coverage for participation in
clinical trials in accordance with any provisions provided in Title 22 of the Louisiana
Revised Statutes of 1950.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.79** Severability {#sec-40-1300.79 omnilex-key=us-la-statutes--rs-title-40--40:1300.79}

If one or more provisions of this Part or the application thereof is found to be
unconstitutional, the provision shall be declared severable, and the balance of this Part shall
remain effective notwithstanding such unconstitutionality.

*Acts 2024, No. 750, §1.*

##### **§ 40:1300.81** Redesignated to R.S. 40:1217.1 by HCR 84 of 2015 R.S. {#sec-40-1300.81 omnilex-key=us-la-statutes--rs-title-40--40:1300.81}

*Redesignated to R.S. 40:1217.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.82** Redesignated to R.S. 40:1217.2 by HCR 84 of 2015 R.S. {#sec-40-1300.82 omnilex-key=us-la-statutes--rs-title-40--40:1300.82}

*Redesignated to R.S. 40:1217.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.83** Redesignated to R.S. 40:1217.3 by HCR 84 of 2015 R.S. {#sec-40-1300.83 omnilex-key=us-la-statutes--rs-title-40--40:1300.83}

*Redesignated to R.S. 40:1217.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.84** Redesignated to R.S. 40:1217.4 by HCR 84 of 2015 R.S. {#sec-40-1300.84 omnilex-key=us-la-statutes--rs-title-40--40:1300.84}

*Redesignated to R.S. 40:1217.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.85** Redesignated to R.S. 40:1217.5 by HCR 84 of 2015 R.S. {#sec-40-1300.85 omnilex-key=us-la-statutes--rs-title-40--40:1300.85}

*Redesignated to R.S. 40:1217.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.86** Redesignated to R.S. 40:1217.6 by HCR 84 of 2015 R.S. {#sec-40-1300.86 omnilex-key=us-la-statutes--rs-title-40--40:1300.86}

*Redesignated to R.S. 40:1217.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.87** Redesignated to R.S. 40:1217.7 by HCR 84 of 2015 R.S. {#sec-40-1300.87 omnilex-key=us-la-statutes--rs-title-40--40:1300.87}

*Redesignated to R.S. 40:1217.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.88** Redesignated to R.S. 40:1217.8 by HCR 84 of 2015 R.S. {#sec-40-1300.88 omnilex-key=us-la-statutes--rs-title-40--40:1300.88}

*Redesignated to R.S. 40:1217.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.89** Redesignated to R.S. 40:1217.9 by HCR 84 of 2015 R.S. {#sec-40-1300.89 omnilex-key=us-la-statutes--rs-title-40--40:1300.89}

*Redesignated to R.S. 40:1217.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.90** Redesignated to R.S. 40:1217.10 by HCR 84 of 2015 R.S. {#sec-40-1300.90 omnilex-key=us-la-statutes--rs-title-40--40:1300.90}

*Redesignated to R.S. 40:1217.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.91** Redesignated to R.S. 40:1217.11 by HCR 84 of 2015 R.S. {#sec-40-1300.91 omnilex-key=us-la-statutes--rs-title-40--40:1300.91}

*Redesignated to R.S. 40:1217.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.92** Redesignated to R.S. 40:1217.12 by HCR 84 of 2015 R.S. {#sec-40-1300.92 omnilex-key=us-la-statutes--rs-title-40--40:1300.92}

*Redesignated to R.S. 40:1217.12 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.93** Redesignated to R.S. 40:1217.13 by HCR 84 of 2015 R.S. {#sec-40-1300.93 omnilex-key=us-la-statutes--rs-title-40--40:1300.93}

*Redesignated to R.S. 40:1217.13 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.94** Redesignated to R.S. 40:1217.14 by HCR 84 of 2015 R.S. {#sec-40-1300.94 omnilex-key=us-la-statutes--rs-title-40--40:1300.94}

*Redesignated to R.S. 40:1217.14 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.95** Redesignated to R.S. 40:1217.15 by HCR 84 of 2015 R.S. {#sec-40-1300.95 omnilex-key=us-la-statutes--rs-title-40--40:1300.95}

*Redesignated to R.S. 40:1217.15 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.96** Redesignated to R.S. 40:1217.16 by HCR 84 of 2015 R.S. {#sec-40-1300.96 omnilex-key=us-la-statutes--rs-title-40--40:1300.96}

*Redesignated to R.S. 40:1217.16 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.97** Redesignated to R.S. 40:1217.17 by HCR 84 of 2015 R.S. {#sec-40-1300.97 omnilex-key=us-la-statutes--rs-title-40--40:1300.97}

*Redesignated to R.S. 40:1217.17 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.101** Redesignated to R.S. 40:1075.1 by HCR 84 of 2015 R.S. {#sec-40-1300.101 omnilex-key=us-la-statutes--rs-title-40--40:1300.101}

*Redesignated to R.S. 40:1075.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.102** Redesignated to R.S. 40:1075.2 by HCR 84 of 2015 R.S. {#sec-40-1300.102 omnilex-key=us-la-statutes--rs-title-40--40:1300.102}

*Redesignated to R.S. 40:1075.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.103** Redesignated to R.S. 40:1075.3 by HCR 84 of 2015 R.S. {#sec-40-1300.103 omnilex-key=us-la-statutes--rs-title-40--40:1300.103}

*Redesignated to R.S. 40:1075.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.104** Redesignated to R.S. 40:1075.4 by HCR 84 of 2015 R.S. {#sec-40-1300.104 omnilex-key=us-la-statutes--rs-title-40--40:1300.104}

*Redesignated to R.S. 40:1075.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.105** Repealed by Acts 2013, No. 184, §4(B). {#sec-40-1300.105 omnilex-key=us-la-statutes--rs-title-40--40:1300.105}

*Repealed by Acts 2013, No. 184, §4(B).*

##### **§ 40:1300.106** Redesignated to R.S. 40:1075.5 by HCR 84 of 2015 R.S. {#sec-40-1300.106 omnilex-key=us-la-statutes--rs-title-40--40:1300.106}

*Redesignated to R.S. 40:1075.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.107** Redesignated to R.S. 40:1075.6 by HCR 84 of 2015 R.S. {#sec-40-1300.107 omnilex-key=us-la-statutes--rs-title-40--40:1300.107}

*Redesignated to R.S. 40:1075.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.111** Redesignated to R.S. 40:1173.1 by HCR 84 of 2015 R.S. {#sec-40-1300.111 omnilex-key=us-la-statutes--rs-title-40--40:1300.111}

*Redesignated to R.S. 40:1173.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.112** Redesignated to R.S. 40:1173.2 by HCR 84 of 2015 R.S. {#sec-40-1300.112 omnilex-key=us-la-statutes--rs-title-40--40:1300.112}

*Redesignated to R.S. 40:1173.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.113** Redesignated to R.S. 40:1173.3 by HCR 84 of 2015 R.S. {#sec-40-1300.113 omnilex-key=us-la-statutes--rs-title-40--40:1300.113}

*Redesignated to R.S. 40:1173.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.114** Redesignated to R.S. 40:1173.4 by HCR 84 of 2015 R.S. {#sec-40-1300.114 omnilex-key=us-la-statutes--rs-title-40--40:1300.114}

*Redesignated to R.S. 40:1173.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.115** Redesignated to R.S. 40:1173.5 by HCR 84 of 2015 R.S. {#sec-40-1300.115 omnilex-key=us-la-statutes--rs-title-40--40:1300.115}

*Redesignated to R.S. 40:1173.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.116** Redesignated to R.S. 40:1173.6 by HCR 84 of 2015 R.S. {#sec-40-1300.116 omnilex-key=us-la-statutes--rs-title-40--40:1300.116}

*Redesignated to R.S. 40:1173.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.121** Redesignated to R.S. 40:1101 by HCR 84 of 2015 R.S. {#sec-40-1300.121 omnilex-key=us-la-statutes--rs-title-40--40:1300.121}

*Redesignated to R.S. 40:1101 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.122** Redesignated to R.S. 40:1101.1 by HCR 84 of 2015 R.S. {#sec-40-1300.122 omnilex-key=us-la-statutes--rs-title-40--40:1300.122}

*Redesignated to R.S. 40:1101.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.123** Redesignated to R.S. 40:1101.2 by HCR 84 of 2015 R.S. {#sec-40-1300.123 omnilex-key=us-la-statutes--rs-title-40--40:1300.123}

*Redesignated to R.S. 40:1101.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.124** Redesignated to R.S. 40:1101.3 by HCR 84 of 2015 R.S. {#sec-40-1300.124 omnilex-key=us-la-statutes--rs-title-40--40:1300.124}

*Redesignated to R.S. 40:1101.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.125** Redesignated to R.S. 40:1101.4 by HCR 84 of 2015 R.S. {#sec-40-1300.125 omnilex-key=us-la-statutes--rs-title-40--40:1300.125}

*Redesignated to R.S. 40:1101.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.131** Redesignated to R.S. 40:1183.1 by HCR 84 of 2015 R.S. {#sec-40-1300.131 omnilex-key=us-la-statutes--rs-title-40--40:1300.131}

*Redesignated to R.S. 40:1183.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.132** Redesignated to R.S. 40:1183.2 by HCR 84 of 2015 R.S. {#sec-40-1300.132 omnilex-key=us-la-statutes--rs-title-40--40:1300.132}

*Redesignated to R.S. 40:1183.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.133** Redesignated to R.S. 40:1183.3 by HCR 84 of 2015 R.S. {#sec-40-1300.133 omnilex-key=us-la-statutes--rs-title-40--40:1300.133}

*Redesignated to R.S. 40:1183.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.134** Redesignated to R.S. 40:1183.4 by HCR 84 of 2015 R.S. {#sec-40-1300.134 omnilex-key=us-la-statutes--rs-title-40--40:1300.134}

*Redesignated to R.S. 40:1183.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.141** Redesignated to R.S. 40:1189.1 by HCR 84 of 2015 R.S. {#sec-40-1300.141 omnilex-key=us-la-statutes--rs-title-40--40:1300.141}

*Redesignated to R.S. 40:1189.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.142** Redesignated to R.S. 40:1189.2 by HCR 84 of 2015 R.S. {#sec-40-1300.142 omnilex-key=us-la-statutes--rs-title-40--40:1300.142}

*Redesignated to R.S. 40:1189.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.143** Redesignated to R.S. 40:1189.3 by HCR 84 of 2015 R.S. {#sec-40-1300.143 omnilex-key=us-la-statutes--rs-title-40--40:1300.143}

*Redesignated to R.S. 40:1189.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.144** Redesignated to R.S. 40:1189.4 by HCR 84 of 2015 R.S. {#sec-40-1300.144 omnilex-key=us-la-statutes--rs-title-40--40:1300.144}

*Redesignated to R.S. 40:1189.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.145** Redesignated to R.S. 40:1189.5 by HCR 84 of 2015 R.S. {#sec-40-1300.145 omnilex-key=us-la-statutes--rs-title-40--40:1300.145}

*Redesignated to R.S. 40:1189.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.146** Redesignated to R.S. 40:1189.6 by HCR 84 of 2015 R.S. {#sec-40-1300.146 omnilex-key=us-la-statutes--rs-title-40--40:1300.146}

*Redesignated to R.S. 40:1189.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.147** Redesignated to R.S. 40:1189.7 by HCR 84 of 2015 R.S. {#sec-40-1300.147 omnilex-key=us-la-statutes--rs-title-40--40:1300.147}

*Redesignated to R.S. 40:1189.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.151** Redesignated to R.S. 40:1103.1 by HCR 84 of 2015 R.S. {#sec-40-1300.151 omnilex-key=us-la-statutes--rs-title-40--40:1300.151}

*Redesignated to R.S. 40:1103.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.152** Redesignated to R.S. 40:1103.2 by HCR 84 of 2015 R.S. {#sec-40-1300.152 omnilex-key=us-la-statutes--rs-title-40--40:1300.152}

*Redesignated to R.S. 40:1103.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.153** Redesignated to R.S. 40:1103.3 by HCR 84 of 2015 R.S. {#sec-40-1300.153 omnilex-key=us-la-statutes--rs-title-40--40:1300.153}

*Redesignated to R.S. 40:1103.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.154** Redesignated to R.S. 40:1103.4 by HCR 84 of 2015 R.S. {#sec-40-1300.154 omnilex-key=us-la-statutes--rs-title-40--40:1300.154}

*Redesignated to R.S. 40:1103.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.161** Redesignated to R.S. 40:1111.1 by HCR 84 of 2015 R.S. {#sec-40-1300.161 omnilex-key=us-la-statutes--rs-title-40--40:1300.161}

*Redesignated to R.S. 40:1111.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.162** Redesignated to R.S. 40:1111.2 by HCR 84 of 2015 R.S. {#sec-40-1300.162 omnilex-key=us-la-statutes--rs-title-40--40:1300.162}

*Redesignated to R.S. 40:1111.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.163** Redesignated to R.S. 40:1111.3 by HCR 84 of 2015 R.S. {#sec-40-1300.163 omnilex-key=us-la-statutes--rs-title-40--40:1300.163}

*Redesignated to R.S. 40:1111.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.171** Redesignated to R.S. 40:1283.1 by HCR 84 of 2015 R.S. {#sec-40-1300.171 omnilex-key=us-la-statutes--rs-title-40--40:1300.171}

*Redesignated to R.S. 40:1283.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.172** Redesignated to R.S. 40:1283.2 by HCR 84 of 2015 R.S. {#sec-40-1300.172 omnilex-key=us-la-statutes--rs-title-40--40:1300.172}

*Redesignated to R.S. 40:1283.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.181** Redesignated to R.S. 40:1211.1 by HCR 84 of 2015 R.S. {#sec-40-1300.181 omnilex-key=us-la-statutes--rs-title-40--40:1300.181}

*Redesignated to R.S. 40:1211.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.182** Redesignated to R.S. 40:1211.2 by HCR 84 of 2015 R.S. {#sec-40-1300.182 omnilex-key=us-la-statutes--rs-title-40--40:1300.182}

*Redesignated to R.S. 40:1211.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.183** Redesignated to R.S. 40:1211.5 by HCR 84 of 2015 R.S. {#sec-40-1300.183 omnilex-key=us-la-statutes--rs-title-40--40:1300.183}

*Redesignated to R.S. 40:1211.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.191** Redesignated to R.S. 40:1221.1 by HCR 84 of 2015 R.S. {#sec-40-1300.191 omnilex-key=us-la-statutes--rs-title-40--40:1300.191}

*Redesignated to R.S. 40:1221.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.192** Redesignated to R.S. 40:1221.2 by HCR 84 of 2015 R.S. {#sec-40-1300.192 omnilex-key=us-la-statutes--rs-title-40--40:1300.192}

*Redesignated to R.S. 40:1221.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.193** Redesignated to R.S. 40:1221.3 by HCR 84 of 2015 R.S. {#sec-40-1300.193 omnilex-key=us-la-statutes--rs-title-40--40:1300.193}

*Redesignated to R.S. 40:1221.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.194** Redesignated to R.S. 40:1221.4 by HCR 84 of 2015 R.S. {#sec-40-1300.194 omnilex-key=us-la-statutes--rs-title-40--40:1300.194}

*Redesignated to R.S. 40:1221.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.195** Redesignated to R.S. 40:1221.5 by HCR 84 of 2015 R.S. {#sec-40-1300.195 omnilex-key=us-la-statutes--rs-title-40--40:1300.195}

*Redesignated to R.S. 40:1221.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.196** Redesignated to R.S. 40:1221.6 by HCR 84 of 2015 R.S. {#sec-40-1300.196 omnilex-key=us-la-statutes--rs-title-40--40:1300.196}

*Redesignated to R.S. 40:1221.6 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.197** Redesignated to R.S. 40:1221.7 by HCR 84 of 2015 R.S. {#sec-40-1300.197 omnilex-key=us-la-statutes--rs-title-40--40:1300.197}

*Redesignated to R.S. 40:1221.7 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.198** Redesignated to R.S. 40:1221.8 by HCR 84 of 2015 R.S. {#sec-40-1300.198 omnilex-key=us-la-statutes--rs-title-40--40:1300.198}

*Redesignated to R.S. 40:1221.8 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.199** Redesignated to R.S. 40:1221.9 by HCR 84 of 2015 R.S. {#sec-40-1300.199 omnilex-key=us-la-statutes--rs-title-40--40:1300.199}

*Redesignated to R.S. 40:1221.9 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.200** Redesignated to R.S. 40:1221.10 by HCR 84 of 2015 R.S. {#sec-40-1300.200 omnilex-key=us-la-statutes--rs-title-40--40:1300.200}

*Redesignated to R.S. 40:1221.10 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.201** Redesignated to R.S. 40:1221.11 by HCR 84 of 2015 R.S. {#sec-40-1300.201 omnilex-key=us-la-statutes--rs-title-40--40:1300.201}

*Redesignated to R.S. 40:1221.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.211** Redesignated to R.S. 40:1219.1 by HCR 84 of 2015 R.S. {#sec-40-1300.211 omnilex-key=us-la-statutes--rs-title-40--40:1300.211}

*Redesignated to R.S. 40:1219.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.212** Redesignated to R.S. 40:1219.2 by HCR 84 of 2015 R.S. {#sec-40-1300.212 omnilex-key=us-la-statutes--rs-title-40--40:1300.212}

*Redesignated to R.S. 40:1219.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.213** Redesignated to R.S. 40:1219.3 by HCR 84 of 2015 R.S. {#sec-40-1300.213 omnilex-key=us-la-statutes--rs-title-40--40:1300.213}

*Redesignated to R.S. 40:1219.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.214** Redesignated to R.S. 40:1219.4 by HCR 84 of 2015 R.S. {#sec-40-1300.214 omnilex-key=us-la-statutes--rs-title-40--40:1300.214}

*Redesignated to R.S. 40:1219.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.215** Redesignated to R.S. 40:1219.5 by HCR 84 of 2015 R.S. {#sec-40-1300.215 omnilex-key=us-la-statutes--rs-title-40--40:1300.215}

*Redesignated to R.S. 40:1219.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.216** Redesignated to R.S. 40:1219.6 by HCR 84 of 2015 R.S. {#sec-40-1300.216 omnilex-key=us-la-statutes--rs-title-40--40:1300.216}

*Redesignated to R.S. 40:1219.6 by HCR 84 of 2015 R.S.*

#### **PART LX** COMMUNITY-BASED PRIMARY HEALTH CARE INITIATIVE

##### **§ 40:1300.221** Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012. {#sec-40-1300.221 omnilex-key=us-la-statutes--rs-title-40--40:1300.221}

*Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.*

##### **§ 40:1300.231** Redesignated to R.S. 40:1185.1 by HCR 84 of 2015 R.S. {#sec-40-1300.231 omnilex-key=us-la-statutes--rs-title-40--40:1300.231}

*Redesignated to R.S. 40:1185.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.232** Redesignated to R.S. 40:1185.2 by HCR 84 of 2015 R.S. {#sec-40-1300.232 omnilex-key=us-la-statutes--rs-title-40--40:1300.232}

*Redesignated to R.S. 40:1185.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.233** Redesignated to R.S. 40:1185.3 by HCR 84 of 2015 R.S. {#sec-40-1300.233 omnilex-key=us-la-statutes--rs-title-40--40:1300.233}

*Redesignated to R.S. 40:1185.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.234** Redesignated to R.S. 40:1185.4 by HCR 84 of 2015 R.S. {#sec-40-1300.234 omnilex-key=us-la-statutes--rs-title-40--40:1300.234}

*Redesignated to R.S. 40:1185.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.235** Redesignated to R.S. 40:1185.5 by HCR 84 of 2015 R.S. {#sec-40-1300.235 omnilex-key=us-la-statutes--rs-title-40--40:1300.235}

*Redesignated to R.S. 40:1185.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.236** Redesignated to R.S. 40:1185.6 by HCR 84 of 2015 R.S. {#sec-40-1300.236 omnilex-key=us-la-statutes--rs-title-40--40:1300.236}

*Redesignated to R.S. 40:1185.6 by HCR 84 of 2015 R.S.*

#### **PART LXII** WOMEN'S HEALTH COMMISSION

##### **§ 40:1300.241** Repealed by Acts 2010, No. 743, §13, eff. July 1, 2010. {#sec-40-1300.241 omnilex-key=us-la-statutes--rs-title-40--40:1300.241}

*Repealed by Acts 2010, No. 743, §13, eff. July 1, 2010.*

##### **§ 40:1300.242** Repealed by Acts 2010, No. 743, §13, eff. July 1, 2010. {#sec-40-1300.242 omnilex-key=us-la-statutes--rs-title-40--40:1300.242}

*Repealed by Acts 2010, No. 743, §13, eff. July 1, 2010.*

##### **§ 40:1300.251** Redesignated to R.S. 40:1291.1 by HCR 84 of 2015 R.S. {#sec-40-1300.251 omnilex-key=us-la-statutes--rs-title-40--40:1300.251}

*Redesignated to R.S. 40:1291.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.252** Redesignated to R.S. 40:1291.2 by HCR 84 of 2015 R.S. {#sec-40-1300.252 omnilex-key=us-la-statutes--rs-title-40--40:1300.252}

*Redesignated to R.S. 40:1291.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.253** Redesignated to R.S. 40:1291.3 by HCR 84 of 2015 R.S. {#sec-40-1300.253 omnilex-key=us-la-statutes--rs-title-40--40:1300.253}

*Redesignated to R.S. 40:1291.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.256** Redesignated to R.S. 40:1291.11 by HCR 84 of 2015 R.S. {#sec-40-1300.256 omnilex-key=us-la-statutes--rs-title-40--40:1300.256}

*Redesignated to R.S. 40:1291.11 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.261** Redesignated to R.S. 40:1291.21 by HCR 84 of 2015 R.S. {#sec-40-1300.261 omnilex-key=us-la-statutes--rs-title-40--40:1300.261}

*Redesignated to R.S. 40:1291.21 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.262** Redesignated to R.S. 40:1291.22 by HCR 84 of 2015 R.S. {#sec-40-1300.262 omnilex-key=us-la-statutes--rs-title-40--40:1300.262}

*Redesignated to R.S. 40:1291.22 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.263** Redesignated to R.S. 40:1291.23 by HCR 84 of 2015 R.S. {#sec-40-1300.263 omnilex-key=us-la-statutes--rs-title-40--40:1300.263}

*Redesignated to R.S. 40:1291.23 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.264** Redesignated to R.S. 40:1291.24 by HCR 84 of 2015 R.S. {#sec-40-1300.264 omnilex-key=us-la-statutes--rs-title-40--40:1300.264}

*Redesignated to R.S. 40:1291.24 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.271** Redesignated to R.S. 40:1187.1 by HCR 84 of 2015 R.S. {#sec-40-1300.271 omnilex-key=us-la-statutes--rs-title-40--40:1300.271}

*Redesignated to R.S. 40:1187.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.281** Redesignated to R.S. 40:1225.1 by HCR 84 of 2015 R.S. {#sec-40-1300.281 omnilex-key=us-la-statutes--rs-title-40--40:1300.281}

*Redesignated to R.S. 40:1225.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.291** Redesignated to R.S. 40:1241 by HCR 84 of 2015 R.S. {#sec-40-1300.291 omnilex-key=us-la-statutes--rs-title-40--40:1300.291}

*Redesignated to R.S. 40:1241 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.301** Redesignated to R.S. 40:1245.1 by HCR 84 of 2015 R.S. {#sec-40-1300.301 omnilex-key=us-la-statutes--rs-title-40--40:1300.301}

*Redesignated to R.S. 40:1245.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.311** Redesignated to R.S. 40:1077.1 by HCR 84 of 2015 R.S. {#sec-40-1300.311 omnilex-key=us-la-statutes--rs-title-40--40:1300.311}

*Redesignated to R.S. 40:1077.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.312** Redesignated to R.S. 40:1077.2 by HCR 84 of 2015 R.S. {#sec-40-1300.312 omnilex-key=us-la-statutes--rs-title-40--40:1300.312}

*Redesignated to R.S. 40:1077.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.313** Redesignated to R.S. 40:1077.3 by HCR 84 of 2015 R.S. {#sec-40-1300.313 omnilex-key=us-la-statutes--rs-title-40--40:1300.313}

*Redesignated to R.S. 40:1077.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.321** Redesignated to R.S. 40:1249.1 by HCR 84 of 2015 R.S. {#sec-40-1300.321 omnilex-key=us-la-statutes--rs-title-40--40:1300.321}

*Redesignated to R.S. 40:1249.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.322** Redesignated to R.S. 40:1249.2 by HCR 84 of 2015 R.S. {#sec-40-1300.322 omnilex-key=us-la-statutes--rs-title-40--40:1300.322}

*Redesignated to R.S. 40:1249.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.323** Redesignated to R.S. 40:1249.3 by HCR 84 of 2015 R.S. {#sec-40-1300.323 omnilex-key=us-la-statutes--rs-title-40--40:1300.323}

*Redesignated to R.S. 40:1249.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.324** Redesignated to R.S. 40:1249.4 by HCR 84 of 2015 R.S. {#sec-40-1300.324 omnilex-key=us-la-statutes--rs-title-40--40:1300.324}

*Redesignated to R.S. 40:1249.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.331** Redesignated to R.S. 40:1243.1 by HCR 84 of 2015 R.S. {#sec-40-1300.331 omnilex-key=us-la-statutes--rs-title-40--40:1300.331}

*Redesignated to R.S. 40:1243.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.332** Redesignated to R.S. 40:1243.2 by HCR 84 of 2015 R.S. {#sec-40-1300.332 omnilex-key=us-la-statutes--rs-title-40--40:1300.332}

*Redesignated to R.S. 40:1243.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.333** Redesignated to R.S. 40:1243.3 by HCR 84 of 2015 R.S. {#sec-40-1300.333 omnilex-key=us-la-statutes--rs-title-40--40:1300.333}

*Redesignated to R.S. 40:1243.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.341** Redesignated to R.S. 40:1181.1 by HCR 84 of 2015 R.S. {#sec-40-1300.341 omnilex-key=us-la-statutes--rs-title-40--40:1300.341}

*Redesignated to R.S. 40:1181.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.351** Redesignated to R.S. 40:1247.1 by HCR 84 of 2015 R.S. {#sec-40-1300.351 omnilex-key=us-la-statutes--rs-title-40--40:1300.351}

*Redesignated to R.S. 40:1247.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.361** Redesignated to R.S. 40:1253.1 by HCR 84 of 2015 R.S. {#sec-40-1300.361 omnilex-key=us-la-statutes--rs-title-40--40:1300.361}

*Redesignated to R.S. 40:1253.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.362** Redesignated to R.S. 40:1253.2 by HCR 84 of 2015 R.S. {#sec-40-1300.362 omnilex-key=us-la-statutes--rs-title-40--40:1300.362}

*Redesignated to R.S. 40:1253.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.363** Redesignated to R.S. 40:1253.3 by HCR 84 of 2015 R.S. {#sec-40-1300.363 omnilex-key=us-la-statutes--rs-title-40--40:1300.363}

*Redesignated to R.S. 40:1253.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.364** Redesignated to R.S. 40:1253.4 by HCR 84 of 2015 R.S. {#sec-40-1300.364 omnilex-key=us-la-statutes--rs-title-40--40:1300.364}

*Redesignated to R.S. 40:1253.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.365** Redesignated to R.S. 40:1253.5 by HCR 84 of 2015 R.S. {#sec-40-1300.365 omnilex-key=us-la-statutes--rs-title-40--40:1300.365}

*Redesignated to R.S. 40:1253.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.371** Redesignated to R.S. 40:1083.1 by HCR 84 of 2015 R.S. {#sec-40-1300.371 omnilex-key=us-la-statutes--rs-title-40--40:1300.371}

*Redesignated to R.S. 40:1083.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.372** Redesignated to R.S. 40:1083.2 by HCR 84 of 2015 R.S. {#sec-40-1300.372 omnilex-key=us-la-statutes--rs-title-40--40:1300.372}

*Redesignated to R.S. 40:1083.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.373** Redesignated to R.S. 40:1083.3 by HCR 84 of 2015 R.S. {#sec-40-1300.373 omnilex-key=us-la-statutes--rs-title-40--40:1300.373}

*Redesignated to R.S. 40:1083.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.381** Redesignated to R.S. 40:1073.1 by HCR 84 of 2015 R.S. {#sec-40-1300.381 omnilex-key=us-la-statutes--rs-title-40--40:1300.381}

*Redesignated to R.S. 40:1073.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.382** Redesignated to R.S. 40:1073.2 by HCR 84 of 2015 R.S. {#sec-40-1300.382 omnilex-key=us-la-statutes--rs-title-40--40:1300.382}

*Redesignated to R.S. 40:1073.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.391** Redesignated to R.S. 40:1109.1 by HCR 84 of 2015 R.S. {#sec-40-1300.391 omnilex-key=us-la-statutes--rs-title-40--40:1300.391}

*Redesignated to R.S. 40:1109.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.392** Redesignated to R.S. 40:1109.2 by HCR 84 of 2015 R.S. {#sec-40-1300.392 omnilex-key=us-la-statutes--rs-title-40--40:1300.392}

*Redesignated to R.S. 40:1109.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.401** Redesignated to R.S. 40:1223.1 by HCR 84 of 2015 R.S. {#sec-40-1300.401 omnilex-key=us-la-statutes--rs-title-40--40:1300.401}

*Redesignated to R.S. 40:1223.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.402** Redesignated to R.S. 40:1223.2 by HCR 84 of 2015 R.S. {#sec-40-1300.402 omnilex-key=us-la-statutes--rs-title-40--40:1300.402}

*Redesignated to R.S. 40:1223.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.403** Redesignated to R.S. 40:1223.3 by HCR 84 of 2015 R.S. {#sec-40-1300.403 omnilex-key=us-la-statutes--rs-title-40--40:1300.403}

*Redesignated to R.S. 40:1223.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.404** Redesignated to R.S. 40:1223.4 by HCR 84 of 2015 R.S. {#sec-40-1300.404 omnilex-key=us-la-statutes--rs-title-40--40:1300.404}

*Redesignated to R.S. 40:1223.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.411** Redesignated to R.S. 40:1289.1 by HCR 84 of 2015 R.S. {#sec-40-1300.411 omnilex-key=us-la-statutes--rs-title-40--40:1300.411}

*Redesignated to R.S. 40:1289.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.412** Redesignated to R.S. 40:1289.2 by HCR 84 of 2015 R.S. {#sec-40-1300.412 omnilex-key=us-la-statutes--rs-title-40--40:1300.412}

*Redesignated to R.S. 40:1289.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.413** Redesignated to R.S. 40:1289.3 by HCR 84 of 2015 R.S. {#sec-40-1300.413 omnilex-key=us-la-statutes--rs-title-40--40:1300.413}

*Redesignated to R.S. 40:1289.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.414** Redesignated to R.S. 40:1289.4 by HCR 84 of 2015 R.S. {#sec-40-1300.414 omnilex-key=us-la-statutes--rs-title-40--40:1300.414}

*Redesignated to R.S. 40:1289.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.415** Redesignated to R.S. 40:1289.5 by HCR 84 of 2015 R.S. {#sec-40-1300.415 omnilex-key=us-la-statutes--rs-title-40--40:1300.415}

*Redesignated to R.S. 40:1289.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.421** Redesignated to R.S. 40:1169.1 by HCR 84 of 2015 R.S. {#sec-40-1300.421 omnilex-key=us-la-statutes--rs-title-40--40:1300.421}

*Redesignated to R.S. 40:1169.1 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.422** Redesignated to R.S. 40:1169.2 by HCR 84 of 2015 R.S. {#sec-40-1300.422 omnilex-key=us-la-statutes--rs-title-40--40:1300.422}

*Redesignated to R.S. 40:1169.2 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.423** Redesignated to R.S. 40:1169.3 by HCR 84 of 2015 R.S. {#sec-40-1300.423 omnilex-key=us-la-statutes--rs-title-40--40:1300.423}

*Redesignated to R.S. 40:1169.3 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.424** Redesignated to R.S. 40:1169.4 by HCR 84 of 2015 R.S. {#sec-40-1300.424 omnilex-key=us-la-statutes--rs-title-40--40:1300.424}

*Redesignated to R.S. 40:1169.4 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.425** Redesignated to R.S. 40:1169.5 by HCR 84 of 2015 R.S. {#sec-40-1300.425 omnilex-key=us-la-statutes--rs-title-40--40:1300.425}

*Redesignated to R.S. 40:1169.5 by HCR 84 of 2015 R.S.*

##### **§ 40:1300.426** Redesignated to R.S. 40:1169.6 by HCR 84 of 2015 R.S. {#sec-40-1300.426 omnilex-key=us-la-statutes--rs-title-40--40:1300.426}

*Redesignated to R.S. 40:1169.6 by HCR 84 of 2015 R.S.*

### **CHAPTER 6** DEPARTMENT OF PUBLIC SAFETY

#### **PART I** ORGANIZATION; FUNCTIONS

##### **§ 40:1301** Creation and organization of department {#sec-40-1301 omnilex-key=us-la-statutes--rs-title-40--40:1301}

The Department of Public Safety is created and consists of the position of Director of Public Safety, the Divisions of State Police and Fire Training, the Organized Crime Intelligence Division, and such other divisions as are established in accordance with this Part.

*Amended by Acts 1971, No. 159, §1.*

##### **§ 40:1302** Director of public safety head of department; appointment; compensation {#sec-40-1302 omnilex-key=us-la-statutes--rs-title-40--40:1302}

The director of public safety hereafter referred to as the director is the head of the department.

He shall be appointed by the governor, with the advice and consent of the senate, for a term of four years and until his successor has qualified. His appointment shall be made on the sole basis of his qualifications to administer the affairs of the department for which he is appointed. He shall serve on a full-time basis and be subject to removal by the governor only for cause and after public hearing.

His compensation shall be fixed by the governor.

##### **§ 40:1303** Substitute appointment for director in case of leave or vacancy {#sec-40-1303 omnilex-key=us-la-statutes--rs-title-40--40:1303}

The director shall designate the head of some division or some other employee of the department to act as head of the department in his absence or disability or in case of a vacancy, until the absence or disability is terminated or the vacancy filled. If he does not do so, the governor may make this designation.

##### **§ 40:1304** Functions of department {#sec-40-1304 omnilex-key=us-la-statutes--rs-title-40--40:1304}

The functions of the Department of Public Safety comprise all administrative functions of the state now or hereafter authorized by law to be exercised, except as otherwise expressly provided by this Chapter, in relation to:

(1) The maintenance of peace and order as involved in the services of police patrol and crime prevention and detection;

(2) Highway traffic control and highway safety;

(3) Police and fire training and investigating as conducted by the state but not the municipalities; and

(4) The enforcement of regulatory provisions of law.

Nothing in this Part affects in any manner the rights, powers, and duties of the sheriffs or constables of the various parishes or of the marshals or police of all incorporated municipalities.

##### **§ 40:1305** Exercise of department functions; acts of employees are acts of director and department {#sec-40-1305 omnilex-key=us-la-statutes--rs-title-40--40:1305}

Subject to such executive direction and control as is vested in the governor as chief magistrate of the state by the constitution and by this Part, the director has the management of the department and, subject to the provisions of this Part, shall exercise all the functions of the department through the department organization provided, in carrying out the provisions of law with respect to those functions, except any functions which are specifically assigned to any board of the department under the provisions of this Part.

Any act performed by any employee of the department under the authority of the director shall be considered an act of the department and of the director.

##### **§ 40:1306** Appointment and control of employees {#sec-40-1306 omnilex-key=us-la-statutes--rs-title-40--40:1306}

The director may, subject to the limitations of appropriations:

(1) Establish positions within the department and make appointments thereto;

(2) Abolish positions;

(3) Transfer duties between positions;

(4) Assign duties to and direct and control the work of employees; and

(5) Transfer, promote, demote, remove, and otherwise change the status of employees of the department.

All employees of the department are, to the extent practicable, interchangeable in work assignments for such temporary periods as are necessary to meet seasonal and emergency demands upon the department.

##### **§ 40:1307** Divisions and units of department; heads of divisions; distribution of work {#sec-40-1307 omnilex-key=us-la-statutes--rs-title-40--40:1307}

Except as the internal organization structure of the department and the establishment of divisions are specially provided by this Part, the governor, on recommendation of the director, may authorize the director to combine existing divisions, divide existing divisions, establish new divisions, change the names of divisions, add new functions to existing divisions, or transfer functions and staff from one division to another within the department.

The director may create, combine, or divide subordinate units within a division or otherwise alter the internal organization of a division.

The director shall appoint the heads of the divisions.

The work of the department shall be distributed among the divisions of the department and the director shall exercise the functions of the department through the divisions.

##### **§ 40:1307.1** Organized Crime Intelligence Division {#sec-40-1307.1 omnilex-key=us-la-statutes--rs-title-40--40:1307.1}

The Organized Crime Intelligence Division of the Department of Public Safety is hereby established, to be composed of such employees of the Department of Public Safety as designated by the director. The functions of this division shall be as follows:

(1) to gather information for the State of Louisiana concerning organized crime;

(2) to cooperate with the Attorney General of the State of Louisiana and with all other officials and agencies of this state having law enforcement and investigative powers;

(3) to furnish background information to the Department of Revenue, the Louisiana Alcohol and Tobacco Control Board and political subdivisions of this state concerning applicants for permits to sell beverages of high and/or low alcoholic content; and

(4) to perform such other functions as may be designated by the director.

*Added by Acts 1971, No. 159, §2; Acts 1997, No. 1370, §4.*

##### **§ 40:1308** Plan of organization and operation; practice instructions; central records bureau {#sec-40-1308 omnilex-key=us-la-statutes--rs-title-40--40:1308}

A. The director shall cause to be designed and shall prescribe a definite plan of organization and procedures of the department with a view to the most effective conduct of the work of the department. This plan shall include such elements as unified and systematic procedures, definite allocation of functions to the divisions and other component parts of the department, proper housing and layout of quarters to facilitate the carrying out and supervision of the work in process, effective routing and flow of work, and co-ordination of staff efforts in carrying out the procedures prescribed. The director shall have standard practice instructions prepared for the guidance of all concerned in the operation of the prescribed plan and the system of procedures based upon it and for placing the prescribed procedures into effect and fitting them to the established plan of organization.

B. The director shall create within the department of public safety a central records bureau. Such central records bureau shall be maintained for the principal purpose of accumulating, tabulating and recording all motor vehicle accident and traffic convictions, overtime parking convictions only excepted, occurring within the state of Louisiana.

C. The statistical information thusly obtained shall be analyzed by the central records bureau and made available to:

1. Engineers, for guidance in dealing with high frequency accident locations and for use in improving highway design standards;

2. Enforcement administrators, for use in planning the most effective use of their available manpower and equipment;

3. The driver licensing division of the department of public safety for the utilization of accident experience for driver improvement discipline;

4. Officials responsible for school safety and public information programs, for guiding and implementing their educational activities;

5. The motor vehicle safety responsibility division of the department of public safety;

6. The commissioner of insurance for his use and study in connection with automobile physical damage and bodily injury and property damage automobile insurance rates and to insurance companies which are authorized by the commissioner of insurance to write such coverages in Louisiana. The director of public safety is hereby authorized to charge such companies the actual expenses incurred in furnishing such report but not to exceed a charge of one dollar for each such report;

7. Municipalities and parishes for their use in applying the functions of engineering, education and enforcement to local traffic safety, driver and vehicle control programs;

8. Such other officials of the state, parish and municipalities as may request said analyses for official use.

D. The director of public safety shall provide for the operation of said bureau, including the purchase, installation and use of mechanical tabulating equipment.

E. The central records bureau created herein shall become effective on January 1, 1961.

*Amended by Acts 1960, No. 216, §3; Acts 2007, No. 459, §4, eff. Jan. 1, 2008.*

##### **§ 40:1309** Rules and regulations {#sec-40-1309 omnilex-key=us-la-statutes--rs-title-40--40:1309}

The governor may prescribe such general administrative rules for the conduct of the affairs of the department, not inconsistent with law, as he thinks necessary or expedient.

The director of public safety may prescribe such administrative rules as he thinks necessary or expedient for the proper conduct of the work of the department and for making effective the provisions of law, so long as these rules are not inconsistent with the law or with any general rules prescribed by the governor.

##### **§ 40:1310** Reports of director and governor {#sec-40-1310 omnilex-key=us-la-statutes--rs-title-40--40:1310}

The Department of Public Safety and Corrections shall not authorize reports and recommendations which include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.

*Acts 1986, No. 817, §1.*

##### **§ 40:1311** Repealed by Acts 1992, No. 984, §18. {#sec-40-1311 omnilex-key=us-la-statutes--rs-title-40--40:1311}

*Repealed by Acts 1992, No. 984, §18.*

##### **§ 40:1312.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.1 omnilex-key=us-la-statutes--rs-title-40--40:1312.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.2 omnilex-key=us-la-statutes--rs-title-40--40:1312.2}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.3** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.3 omnilex-key=us-la-statutes--rs-title-40--40:1312.3}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.4** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.4 omnilex-key=us-la-statutes--rs-title-40--40:1312.4}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.5** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.5 omnilex-key=us-la-statutes--rs-title-40--40:1312.5}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.6** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.6 omnilex-key=us-la-statutes--rs-title-40--40:1312.6}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.7** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.7 omnilex-key=us-la-statutes--rs-title-40--40:1312.7}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.8** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.8 omnilex-key=us-la-statutes--rs-title-40--40:1312.8}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.9** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.9 omnilex-key=us-la-statutes--rs-title-40--40:1312.9}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.10** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.10 omnilex-key=us-la-statutes--rs-title-40--40:1312.10}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.11** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.11 omnilex-key=us-la-statutes--rs-title-40--40:1312.11}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.12** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.12 omnilex-key=us-la-statutes--rs-title-40--40:1312.12}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.13** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.13 omnilex-key=us-la-statutes--rs-title-40--40:1312.13}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.14** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.14 omnilex-key=us-la-statutes--rs-title-40--40:1312.14}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.15** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.15 omnilex-key=us-la-statutes--rs-title-40--40:1312.15}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.16** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.16 omnilex-key=us-la-statutes--rs-title-40--40:1312.16}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.17** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.17 omnilex-key=us-la-statutes--rs-title-40--40:1312.17}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.18** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.18 omnilex-key=us-la-statutes--rs-title-40--40:1312.18}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.19** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.19 omnilex-key=us-la-statutes--rs-title-40--40:1312.19}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.20** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.20 omnilex-key=us-la-statutes--rs-title-40--40:1312.20}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.21** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.21 omnilex-key=us-la-statutes--rs-title-40--40:1312.21}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.22** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.22 omnilex-key=us-la-statutes--rs-title-40--40:1312.22}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.23** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.23 omnilex-key=us-la-statutes--rs-title-40--40:1312.23}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.24** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.24 omnilex-key=us-la-statutes--rs-title-40--40:1312.24}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.25** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.25 omnilex-key=us-la-statutes--rs-title-40--40:1312.25}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.26** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.26 omnilex-key=us-la-statutes--rs-title-40--40:1312.26}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1312.27** Repealed by Acts 2022, No. 252, §3. {#sec-40-1312.27 omnilex-key=us-la-statutes--rs-title-40--40:1312.27}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART I-B** MISCELLANEOUS PROVISIONS

##### **§ 40:1321** State identification cards; special identification cards; issuance; veteran designation; special needs or accommodation designations; fees; expiration and renewal; exceptions; promulgation of rules; promotion of use; persons less than twenty-one years of age; the Protect and Save our Children Program; Selective Service Registration {#sec-40-1321 omnilex-key=us-la-statutes--rs-title-40--40:1321}

A. Any Louisiana resident may obtain a special identification card from the office
of motor vehicles within the Department of Public Safety and Corrections, hereinafter
referred to as "OMV". The identifying information and documents of identification required
to obtain a special identification card shall be the same as those required to obtain a
Louisiana driver's license, as stated in R.S. 32:409.1. However, if the applicant is seventeen
years of age, the signature of the custodial parent or guardian shall not be required, provided
that the applicant has the necessary identifying information and documents. If the applicant
is fourteen to sixteen years of age and is accompanied by a person over the age of twenty-one
years with whom the applicant lives, or the applicant is accompanied by a person over the
age of twenty-one years who works for a nonprofit agency that assists children under the age
of eighteen, that person may sign in lieu of the custodial parent or guardian for the issuance
of a special identification card, provided that the applicant has the necessary identifying
information and documents and is not requesting a REAL ID.

B.(1) Each special identification card shall be accepted as valid identification of the
person to whom it was issued when it is presented physically or in the form of a digitized
special identification card for the purpose of furnishing proof of that person's identification.
Under no circumstances shall the state of Louisiana, or any of its agencies, be held liable in
any manner legally or otherwise as a result of the use or misuse of a special identification
card.

(2)(a) For purposes of this Subsection, a digitized special identification card shall
mean a data file available on any mobile device which has connectivity to the internet
through an application that allows the mobile device to download the data file from the
department or an authorized representative of the department and contains all of the data
elements visible on the face and back of the special identification card, displays the current
status of the identification card, and shall include any special identification card that
complies with the standards of REAL ID as provided for in Subsection P of this Section. For
purposes of this Subparagraph, "current status" shall include but is not limited to valid,
expired, or cancelled.

(b) A digital copy, photograph, or image of a special identification card which is not
downloaded through the application on a mobile device shall not be considered a valid
digitized special identification card as provided by this Subsection.

(c) In connection with requests for identification not associated with traffic stops or
checkpoints in Louisiana, a person may be required to produce a physical special
identification card to a law enforcement officer, a representative of a state or federal
department or agency, or a private entity when so requested and be subject to all the
applicable laws and consequences for failure to produce such identification card.

(d) The Department of Public Safety and Corrections shall promulgate rules as are
necessary to implement a digitized special identification card. No digitized special
identification card shall be valid until the department has adopted the rules.

(e) The display of a digitized special identification card shall not serve as consent or
authorization for a law enforcement officer, or any other person, to search, view, or access
any other data or application on the mobile device. If a person presents their mobile device
to a law enforcement officer for purposes of displaying their digitized special identification
card, the law enforcement officer shall promptly return the mobile device to the person once
he has had an opportunity to verify the identity of the person.

(f) The fee to install the application to display a digitized special identification card
as defined in Subparagraph (a) of this Paragraph shall not exceed six dollars.

C. This Subsection and Subsection D of this Section shall establish and be cited as
the Protect and Save our Children Program for issuance of special identification cards for
persons under the age of sixteen. The fee for the issuance or renewal of a special
identification card for persons under the age of sixteen shall be three dollars for a two-year
identification card and seven dollars and fifty cents for a six-year identification card. The
fee for the issuance or renewal of a special identification card for persons sixteen years of age
or older shall be fifteen dollars. However, this fee shall be waived for:

(1) Any person who does not have a Louisiana driver's license, upon presentation of
his voter registration card or certificate.

(2) Any child who is in foster care as defined in Children's Code Article 603.

D.(1)(a) Each special identification card issued to a person under the age of sixteen
shall expire every two years for the three-dollar identification card and every six years for the
seven-dollar-and-fifty-cents identification card and may be renewed only by personal
appearance. Each special identification card for a person sixteen years of age or older shall
expire every six years but may be renewed. The OMV may issue the special identification
card for a period of less than six years in circumstances of medical, legal presence, or other
special restriction. Where the OMV issues a special identification card to a properly
documented alien student or a nonresident alien, the special identification card shall both:

(i) Expire on the date for which the alien's immigration documents expire or six
years after issuance, whichever is sooner.

(ii) Contain a restriction code which declares that the special identification card
holder is an alien student or a nonresident alien.

(b)(i) Any United States male citizen or immigrant who is fifteen years of age, but
less than eighteen years of age, shall provide personal information, including a social security
number, if available, to the office of motor vehicles when applying to receive or renew a
special identification card for the purpose of registration with the Selective Service. Upon
the applicant attaining the age of eighteen years, the applicant shall automatically be
registered with the Selective Service. The office of motor vehicles shall forward to the
Selective Service System, in an electronic format, the necessary personal information
required for registration with the Selective Service after receiving the application to issue or
renew a special identification card. The application for issuance or renewal of a special
identification card shall include all information required according to the provisions of R.S.
32:418.

(ii) The office of motor vehicles shall not issue or renew any special identification
card to any person who refuses to provide personal information for registration with the
Selective Service.

(2) With the exception of a special identification card issued to a properly
documented alien student and nonresident alien, special identification cards which were
obtained by personal appearance at an office of OMV may be renewed by personal
appearance or may be renewed by mail. Special identification cards issued to properly
documented alien students and nonresident aliens may be renewed only by personal
appearance at an office of OMV if the alien can produce proper immigration documents
which establish that the alien is legally in the United States. Special identification cards
which were obtained by renewal by mail may be renewed only by personal appearance at an
office of OMV.

E.(1) Each special identification card shall be similar in size, shape, and design to
the Louisiana driver's license, and shall include a picture of the person to whom the card is
issued. Each special identification card shall clearly state that it does not enable the person
to whom it is issued to operate a motor vehicle. Beginning January 1, 2000, and thereafter,
special identification cards issued pursuant to this Section to applicants less than twenty-one
years of age shall contain a highly visible distinctive color to clearly indicate that the card has
been issued to an applicant less than twenty-one years of age.

(2) Beginning January 1, 2007, the office of motor vehicles of the Department of
Public Safety and Corrections shall provide for a method by which an applicant has the
option of including emergency contact information in the operating record of the special
identification card to which law enforcement and emergency personnel will have access.

F. No later than December 1, 1999, OMV shall adopt rules for the effective
implementation of the provisions of this Section, including but not limited to rules relating
to the choice of color and placement on the special identification card for cards issued to
applicants less than twenty-one years of age. All rules shall be adopted in accordance with
the Administrative Procedure Act. OMV shall utilize the various communications media
throughout the state to inform Louisiana residents of the provisions of this Section and to
encourage and promote the general public to take advantage of these provisions.

G. Any person who intentionally furnishes false information to OMV for the purpose
of obtaining a special identification card, or any person found to be in possession of a
fictitious special identification card or a special identification card which has been
intentionally altered, or which has been caused to be altered, by such person, or any person
who lends his special identification card to another person for unlawful or fraudulent
purposes, or any person who refuses to surrender the special identification card to the
department upon its lawful demand, shall be fined not less than one hundred dollars nor more
than five hundred dollars or shall be imprisoned for not more than six months, or both, and
shall surrender the special identification card for cancellation. Such person shall not be
entitled to apply for a replacement or subsequent special identification card.

H. Persons who are residents of this state and who are sixty years of age or older may
obtain a special identification card without charge. This provision shall not apply to the
special identification card required to be obtained by a sex offender pursuant to Subsection
J of this Section. Special identification cards issued under the provisions of this Subsection
shall not be subject to the expiration provisions or the renewal requirements of this Section.

I.(1) An individual may renew the special identification card issued pursuant to this
Section by appearing in person at a motor vehicle field office, by mail, and by electronic
commerce. An individual shall not make consecutive renewals of a special identification
card by mail or electronic commerce, or any combination of the two. The department shall
promulgate rules in accordance with the Administrative Procedure Act to implement the
provisions of this Subsection, including but not limited to rules providing for the following
procedures for the renewal of special identification cards by mail or electronic commerce:

(a) Procedures to be used to limit the likelihood of fraud in the renewal process.

(b) Procedures to secure payment when a renewal is made by electronic commerce.

(c) Procedures to secure the transmission of personal information electronically, or
the use of a disclaimer or warning statement to individuals who choose to use electronic
commerce.

(2) When a special identification card has been renewed pursuant to this Subsection,
and the department has complied with the requirements of this Subsection and the rules
adopted by the department, the state and the department shall not be liable for any damages
resulting from the use of a special identification card renewed pursuant to this Subsection.

J.(1) Any person required to register as a sex offender with the Louisiana Bureau of
Criminal Identification and Information, as required by R.S. 15:542 et seq., shall obtain a
special identification card issued by the Department of Public Safety and Corrections which
shall contain a restriction code declaring that the holder is a sex offender. This special
identification card shall include the words "sex offender" in all capital letters which are
orange in color and shall be valid for a period of one year from the date of issuance. This
special identification card shall be carried on the person at all times by the individual
required to register as a sex offender.

(2) Each person required to carry a special identification card pursuant to this
Subsection shall personally appear, annually, at a field office of the office of motor vehicles
to renew his or her special identification card but only after he or she has registered as an
offender pursuant to R.S. 15:542 et seq. Reregistration shall include the submission of
current information to the department and the verification of this information, which shall
include the street address and telephone number of the registrant; the name, street address
and telephone number of the registrant's employer, and any registration information that may
need to be verified by the bureau. No special identification card shall be issued or renewed
until the office of motor vehicles receives confirmation from the bureau, electronically or by
other means, that the reregistration of the sex offender has been completed.

(3) The provisions of this Subsection shall apply to all sex offenders required to
register pursuant to R.S. 15:542 et seq., regardless of the date of conviction.

(4) Whoever violates this Subsection shall be fined not less than one hundred dollars
and not more than five hundred dollars, or imprisoned for not more than six months, or both.

K. Upon request, the word "Veteran" shall be exhibited in the color black below the
person's photograph on a special identification card upon presentation of a copy of the
person's DD Form 214, issued by the United States Department of Defense, or equivalent,
as established by administrative rule. No additional fee shall be charged to include such
designation. The deputy secretary of the Department of Public Safety and Corrections,
public safety services, shall comply with the provisions of this Subsection. The deputy
secretary of the Department of Public Safety and Corrections, public safety services, shall
establish rules and regulations as are necessary to implement the provisions of this
Subsection.

L.(1) Upon request and payment of an additional fee, the designation "I'm a Cajun"
shall be exhibited in the color black below the person's photograph on the special
identification card. The deputy secretary of the Department of Public Safety and Corrections,
public safety services, shall comply with the provisions of this Subsection.

(2) The department shall collect an annual fee of five dollars for inclusion of the
designation "I'm a Cajun" on the special identification card, which fee shall be disbursed in
accordance with Paragraph (3) of this Subsection. This fee shall be in addition to the
payment of any other special identification card fee.

(3) The monies received from the additional fee shall be disbursed quarterly to the
Council for the Development of French in Louisiana. The monies received from the
additional five-dollar fee shall be disbursed solely to fund scholarships for the "La Fondation
Louisiane for the Escadrille Louisiane" scholarship program of the Council for the
Development of French in Louisiana.

(4) The deputy secretary of the Department of Public Safety and Corrections, public
safety services, shall establish such rules and regulations as are necessary to implement the
provisions of this Subsection.

M.(1) Upon request and payment of a university logo fee, if any, as established by
a Louisiana university for the use and display of its logo, the logo of the university shall be
exhibited in color on the special identification card. The deputy secretary of the Department
of Public Safety and Corrections, public safety services, shall comply with the provisions of
this Subsection.

(2) The department shall collect such university logo fee, if any, which shall be
disbursed in accordance with Paragraph (3) of this Subsection. This university logo fee shall
be in addition to the payment of any other special identification card fee.

(3) Any monies received from such university logo fee shall be disbursed quarterly
by the department to the foundation of the university.

(4) The deputy secretary of the Department of Public Safety and Corrections, public
safety services, shall establish such rules and regulations as are necessary to implement the
provisions of this Subsection.

(5) Any implementation costs shall be incurred by the foundation of the university
participating in the university logo program.

N.(1) Upon request, the special identification card holder's blood type shall be
exhibited on the back of the special identification card. No additional fee shall be charged
to include such designation. The deputy secretary of the Department of Public Safety and
Corrections, public safety services, shall promulgate, in accordance with the Administrative
Procedure Act, rules and regulations necessary to implement the provisions of this
Subsection.

(2) No action taken by any person, whether private citizen or public officer or
employee, with regard to any identification card displaying a blood type, shall create a
warranty of the reliability or accuracy of the document or electronic image, or create any
liability on the part of the state, or on the part of any department, office, or agency of the
state, or on the part of any officer, employee, or agent of the state.

O. Upon request, the words "100% DAV" shall be exhibited in the color black below
the person's photograph on a special identification card upon presentation of a copy of the
person's DD Form 214, issued by the United States Department of Defense, or equivalent,
and presentation of one hundred percent disabled veteran status as determined by the United
States Department of Veterans Affairs, as established by administrative rule. No additional
fee shall be charged to include such designation. The deputy secretary of the Department of
Public Safety and Corrections, public safety services, shall comply with the provisions of this
Subsection. The deputy secretary of the Department of Public Safety and Corrections, public
safety services, shall establish rules and regulations as are necessary to implement the
provisions of this Subsection.

P.(1) The Department of Public Safety and Corrections, office of motor vehicles,
hereinafter in this Subsection referred to as "department", shall provide for the option of the
issuance of special identification cards that are compliant with the standards of the REAL
ID Act of 2005, P. L. 109-13, and federal rules adopted pursuant thereto as of January 1,
2016, hereinafter collectively referred to as REAL ID, for official purposes, in the manner
set forth in this Subsection.

(2) Any person applying for a special identification card pursuant to the provisions
of this Section may elect to apply for a special identification card that complies with the
standards of REAL ID. If that person is eligible for a special identification card to be issued
pursuant to the provisions of this Section and meets all requirements of the United States
Department of Homeland Security for a REAL ID compliant credential, that person shall be
issued a special identification card which bears a United States Department of Homeland
Security approved security marking reflecting that such credential meets REAL ID standards.
A person who is issued a REAL ID compliant special identification card shall not be issued
a REAL ID compliant driver's license.

(3) Any person applying for a special identification card pursuant to the provisions
of this Section who elects not to apply for a special identification card that complies with
REAL ID standards and who is otherwise eligible to be issued a special identification card
pursuant to the provisions of this Section shall be issued a special identification card which
indicates the special identification card is not in compliance with REAL ID. If the person
has elected not to apply for a REAL ID compliant special identification card, the department
shall not require the applicant to comply with any REAL ID requirements that were not
required by the state as of January 1, 2016, or require the applicant to submit to a facial
image capture in connection with such application prior to determining if such applicant is
eligible to be issued a special identification card. If the person has elected not to apply for
a REAL ID compliant special identification card, the department shall not copy, scan,
maintain, or share a copy of the applicant's documents proving his identity obtained from any
person in the process of applying for the issuance or renewal of a special identification card.
Documents proving identity shall include but not be limited to the applicant's birth
certificate, social security card, or United States issued passport. If the person has elected
not to apply for a REAL ID compliant special identification card, the department shall not
scan or maintain a copy of the applicant's documents proving his identity. This includes but
is not limited to the applicant's birth certificate, social security card, or United States issued
passport.

(4)(a) Each applicant for a special identification card shall be informed that he is not
required by law to be issued a REAL ID compliant special identification card and may be
issued a special identification card which is not REAL ID compliant. Each applicant shall
be required to indicate on his special identification card application whether he is applying
for a REAL ID compliant special identification card or a special identification card that is
not REAL ID compliant. Each applicant shall also be required to indicate on his special
identification card application that he was provided the printed document as required
pursuant to Subparagraph (b) of this Paragraph.

(b) The department shall provide each applicant for a special identification card a
printed document that includes the following information:

(i) The documents that are required to be provided by the applicant to obtain a REAL
ID compliant special identification card, and the documents that are required to be provided
by the applicant to obtain a special identification card that is not REAL ID compliant.

(ii) The purposes for which a REAL ID compliant special identification card may be
utilized and the purposes for which a special identification card that is not REAL ID
compliant may be utilized.

(iii) The electronic technology incorporated into a REAL ID compliant special
identification card and the electronic technology incorporated into a special identification
card that is not REAL ID compliant.

(5) Compliance with REAL ID referenced in this Subsection shall be limited to those
standards in effect as of January 1, 2016. Any subsequent changes or additions to federal
laws or rules for implementation of REAL ID shall be implemented by the state only if such
changes are approved by the legislature by a favorable vote of a majority of the elected
members of each house.

(6) Any eligible person electing to obtain a special identification card which bears
a United States Department of Homeland Security approved security marking reflecting that
such credential meets REAL ID standards prior to the renewal date of his special
identification card may be issued such credential at the cost of a duplicate special
identification card.

(7) Upon the request of any applicant for a special identification card, the department
shall record and retain the applicant's name, date of birth, certificate numbers, date filed, and
issuing agency in lieu of retaining an image or copy of the applicant's birth certificate.

(8) The department shall not participate in any programs that exchange or allow the
access of facial biometric data of Louisiana citizens obtained in the issuance or renewal of
a Louisiana special identification card to the agencies, governments, or contractors of other
states or nations without a warrant or a court order issued for access to that data.

Q.(1) Upon the request of any person, any personal identifying source documents or
photographs of such person obtained by the department or a contractor in the process of a
person applying for or renewing a special identification card between July 7, 2008, and the
effective date of this Subsection that were not required by state law to be captured by the
department or a contractor as of July 7, 2008, shall be disposed of as follows:

(a) Personal identifying source documents shall be removed and purged from
department and contractor databases and systems.

(b) All photographs of persons obtained by the department which are in the
possession of a contractor shall be purged from the database or system of that contractor.

(2) As used in this Subsection, the following terms shall mean and include:

(a) "Contractor" shall mean and include any contractor of the department or any
affiliate or subsidiary of such contractor and any subcontractor of such contractor or any
affiliate or subsidiary of such subcontractor.

(b) "Personal identifying source documents" shall mean and include any document
provided by any person to prove his identity or residence. It shall include all copies, scans,
or digital images of such documents.

(c) "Photographs" shall mean and include any captured image, digital or otherwise,
of a person's face. It shall include all copies, scans, or digital images of such image.

R.(1) Upon request of an applicant for a special identification card who needs
accommodation, a designation that the applicant needs accommodation shall be exhibited
on the special identification card, upon presentation of a statement from a qualified medical
professional licensed in Louisiana or any other state or territory of the United States verifying
the medical reason, including any mental, physical, or developmental disability, the applicant
needs accommodation as established by administrative rule. No additional fee shall be
charged to include such designation.

(2) The deputy secretary of the Department of Public Safety and Corrections, public
safety services, shall promulgate rules and regulations to implement this Subsection,
including a waiver of liability for the release of any medical information. Such rules shall
be effective no later than July 1, 2018. Notwithstanding the provisions of R.S.
49:966(B)(12), the Senate and House committees on transportation, highways and public
works shall have oversight of the adoption of rules and regulations required by this
Subsection.

(3) The designation authorized by this Subsection shall not be available prior to the
effective date of the administrative rules required by Paragraph (2) of this Subsection.

S.(1) Upon request of an applicant for a special identification card, a designation that
the applicant has autism spectrum disorder or seizure disorder shall be exhibited on the
special identification card upon presentation of a statement from a qualified medical or
mental health professional licensed in Louisiana or any other state or territory of the United
States verifying the applicant's disability as established by administrative rule. The qualified
medical or mental health professional shall be authorized to diagnose autism spectrum
disorder or seizure disorder. No additional fee shall be charged to include such designation.

(2) Upon the renewal of a special identification card, an applicant who has autism
spectrum disorder or seizure disorder shall provide a statement from a qualified medical or
mental health professional licensed in Louisiana or any other state or territory of the United
States verifying the applicant's disability as established by administrative rule.

(3) Any person who has not been diagnosed with autism spectrum disorder or seizure
disorder who willfully and falsely represents himself as having the qualifications to obtain
the special designation authorized by this Subsection shall be fined not less than one hundred
dollars nor more than two hundred fifty dollars, or shall be imprisoned for not more than
thirty days, or both. Any subsequent offense shall result in a fine of not less than two hundred
fifty dollars nor more than five hundred dollars, or imprisonment for not more than ninety
days, or both.

(4) In addition to the training requirements contained in R.S. 40:2404.2(C), the
Department of Public Safety and Corrections, public safety services, shall establish and
implement a law enforcement training course relative to law enforcement officers' interaction
with persons who have autism spectrum disorder. The course shall instruct law enforcement
officers on sensitivity and awareness to ensure equitable treatment and how to effectively
communicate and interact with persons with autism spectrum disorder. At a minimum, the
course shall include the following:

(a) Identification of indicators that a person has autism spectrum disorder.

(b) Identification of procedures that an officer should employ when encountering a
person with autism spectrum disorder.

(c) Demonstrations of communication and interactive techniques required to
effectively interact with a person with autism spectrum disorder.

(d) Explanations that provide law enforcement officers with an understanding of the
developmental disability and examples of unexpected actions potentially taken by persons
diagnosed with autism spectrum disorder.

(e) Explanations of the resources available to assist an officer encountering a person
who has autism spectrum disorder.

(f) Descriptions of the procedures an officer should use to ensure compliance with
the Americans with Disabilities Act when encountering a person with autism spectrum
disorder.

(5) In addition to the training requirements contained in R.S. 40:2404.2(C), the
Department of Public Safety and Corrections, public safety services, shall establish and
implement a law enforcement training course relative to law enforcement officers' interaction
with persons who have a seizure disorder. The course shall instruct law enforcement officers
on sensitivity and awareness to ensure equitable treatment and how to effectively interact
with a person experiencing a seizure. At a minimum, the course shall include the following:

(a) Identification of indicators that a person is experiencing a seizure.

(b) Identification of procedures that an officer should employ when encountering a
person experiencing a seizure.

(c) Demonstrations of techniques required to effectively respond to a person
experiencing a seizure.

(d) Explanations that provide law enforcement officers with an understanding and
examples of unexpected actions potentially taken by persons experiencing a seizure.

(e) Explanations of the resources available to assist an officer encountering a person
who has seizure disorder.

(f) Descriptions of the procedures that an officer should use to ensure compliance
with the Americans with Disabilities Act when encountering a person with seizure disorder.

(6) The deputy secretary of the Department of Public Safety and Corrections, public
safety services, shall promulgate rules and regulations as necessary to implement the
provisions of this Subsection, including a waiver of liability for the release of any medical
information. Notwithstanding the provisions of R.S. 49:966(B)(12), the House and Senate
committees on transportation, highways and public works shall have oversight of the
adoption of rules and regulations required by this Subsection.

T. No fee shall be charged for transactions to issue a duplicate special identification
card to correct an address due to the renaming of a street or highway in accordance with a
parish or municipal ordinance.

U. Every state identification card issued by OMV shall include the words "Crisis
Lifeline dial 988".

*Added by Acts 1974, No. 2, §1. Amended by Acts 1981, No. 237, §2; Acts 1981, No. 537, §1; Acts 1982, No. 412, §1; Acts 1986, No. 995, §1; Acts 1987, No. 575, §2; Acts 1990, No. 263, §1; Acts 1990, No. 494, §1; Acts 1992, No. 202, §1; Acts 1992, No. 622, §1; Acts 1992, No. 984, §18; Acts 1995, No. 169, §1; Acts 1997, No. 779, §2; Acts 1999, No. 556, §2; Acts 2000, 1st Ex. Sess., No. 7, §1, eff. April 12, 2000; Acts 2001, No. 126, §1; Acts 2001, No. 601, §1; Acts 2002, 1st Ex. Sess., No. 46, §3; Acts 2003, No. 373, §2, eff. July 1, 2003; Acts 2006, No. 444, §1; Acts 2006, No. 663, §3; Acts 2009, No. 349, §2, eff. July 1, 2009; Acts 2010, No. 842, §1; Acts 2011, No. 30, §1; Acts 2012, No. 356, §2; Acts 2012, No. 398, §2; Acts 2013, No. 55, §2, eff. Jan. 1, 2014; Acts 2014, No. 451, §2, eff. Jan. 1, 2015; Acts 2015, No. 369, §2; Acts 2016, No. 394, §2; Acts 2016, No. 496, §2, eff. June 14, 2016; Acts 2016, No. 505, §2, eff. June 14, 2016; Acts 2017, No. 74, §2; Acts 2018, No. 552, §2; Acts 2021, No. 335, §2; Acts 2021, No. 348, §2; Acts 2022, No. 210, §1; Acts 2023, No. 237, §3, eff. June 9, 2023; Acts 2024, No. 100, §2; Acts 2024, No. 563, §1, eff. Jan. 1, 2025.*

##### **§ 40:1321.1** Duplicate special identification cards; lost or destroyed {#sec-40-1321.1 omnilex-key=us-la-statutes--rs-title-40--40:1321.1}

A. When a special identification card is lost or destroyed, the person who was issued
the card may apply for a duplicate special identification card at a motor vehicle office, an
authorized agent of the office of motor vehicles, or through the motor vehicle website online
application. Any application submitted pursuant to this Section shall include a statement
executed by the applicant attesting to the facts regarding the lost or destroyed special
identification card.

B. For each duplicate special identification card so issued a five dollar charge shall
be collected, except no fee shall be charged to a child who is in foster care, as defined in
Children's Code Article 603. However, if the original special identification card was stolen
as evidenced by a police report, the charge provided for in this Subsection and the handling
charge provided for in R.S. 32:412.1 shall not be collected.

C. If any special identification card which was issued to a Louisiana domiciliary or
resident who is temporarily out of state or an active member of the armed forces, or who is
a domiciliary resident dependent of a member of the active armed forces, in lieu thereof has
been lost or destroyed, the person who was issued the special identification card, or a person
who has power of attorney for the person to whom a special identification card was issued,
may submit satisfactory proof to the office of motor vehicles of the loss or destruction and
may apply for a duplicate special identification card.

D.(1) The holder of a valid special identification card may apply for a duplicate
special identification card by mail or electronic commerce, except as follows:

(a) No duplicate special identification card by mail or electronic commerce shall be
granted if a previous duplicate special identification card was issued prior to the card's
expiration.

(b) No duplicate special identification card by mail or electronic commerce shall be
granted to an alien student or nonresident alien.

(2) The department may establish rules and regulations to grant or deny a duplicate
special identification card by mail in cases where a Louisiana resident is temporarily
domiciled out of state or out of the country, or temporarily residing, employed, or attending
school in another state or foreign country, even if the resident does not meet the qualification
criteria in this Section.

(3) Upon receipt of all required statements by the department and upon the issuance
of a duplicate special identification card, the state, the department, or any department
employee shall not be liable for any property damages, injuries, or deaths that may arise from
an applicant's use of the special identification card if the special identification card was
unlawfully obtained.

(4) When a duplicate special identification card is issued by mail or electronic
commerce, the department shall issue a duplicate special identification card with the same
expiration date as the previously issued special identification card.

(5) The department shall promulgate rules and regulations necessary to implement
the provisions of this Section.

(6) Any online transaction shall be assessed the fee authorized and approved in R.S.
49:316.1.

*Acts 2021, No 239, §2.*

##### **§ 40:1321.2** Office of Motor Vehicles Special Identification Card Dedicated Fund Account {#sec-40-1321.2 omnilex-key=us-la-statutes--rs-title-40--40:1321.2}

A. There is hereby created, as a special statutorily dedicated fund account in the state
treasury, the Office of Motor Vehicles Special Identification Card Dedicated Fund Account,
hereafter referred to as the "Identification Card Account".

B. After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, the treasurer
shall pay an amount equal to one-third of the monies received by the state treasury pursuant
to the provisions of R.S. 40:1321(C) into the Identification Card Account. Monies in the
account shall be used for operational expenses of the Department of Public Safety and
Corrections, public safety services. All unexpended and unencumbered monies in the
account at the end of the fiscal year shall remain in the account. Monies in the account shall
be invested by the state treasurer in the same manner as monies in the state general fund and
shall be deposited into the state general fund.

C. Monies deposited into the Identification Card Account shall be available for
appropriation in Fiscal Years 2026, 2027, 2032, 2033, 2038, and 2039.

D. Monies deposited into the Identification Card Account shall be categorized as fees
and self-generated revenue for the sole purpose of reporting related to the executive budget,
supporting documents, and general appropriations bill and shall be available for annual
appropriation by the legislature.

E. The provisions of this Section shall be null, void, and of no effect beginning on
July 1, 2039.

*Acts 2021, No. 348, §2.*

##### **§ 40:1322** Credit card, charge card, and debit card transactions with the Department of Public Safety and Corrections; procedures for acceptance; administrative action {#sec-40-1322 omnilex-key=us-la-statutes--rs-title-40--40:1322}

A. The Department of Public Safety and Corrections, public safety services, or any
authorized agent of the department, is authorized to accept credit cards, charge cards, or debit
cards for the payment of fees, fines, taxes, penalties, and interest. The department may enter
into agreements with issuing companies and banks as are necessary to implement the use of
these cards.

B. The department may charge a convenience fee on any transaction whereby a
customer requests payment by credit card, charge card, or debit card for payment through
telephone, in person, by regular mail, or via the Internet to conduct business with the
department. Prior to charging the convenience fee, the total amount of the fee shall be
disclosed to the customer. The customer shall have the right to decline payment of the fee
and to submit payment for his transaction using another tender type. The convenience fee
may be a uniform dollar amount, a percentage of the transaction, or a tiered amount based
on the transaction amount.

C.(1) Prior to accepting the card as payment from a customer who appears in person
at the department, the department shall:

(a) Require the presentation of the card.

(b) Verify that the card has not expired and obtain the proper authorization for use
of said card.

(c) Verify that the signature on the receipt corresponds to the signature on the
signature panel on the card.

(d) Verify that the card has not been voided or revoked, or placed on a list by the
company or bank issuing the card which would require that the transaction be precleared by
the issuer. This verification may be accomplished by telephoning the issuing company or
bank or by using any device or instrument that can access information encoded on the card
and verify such encoded information through electronic or digital means.

(2) The department may also accept the card by utilizing electronic commerce which
shall include but not be limited to the use of the Internet and conversant phone systems.
Prior to accepting the card as payment when utilizing electronic commerce, the department
shall:

(a) Verify that the card has not expired.

(b) Verify that the card has not been voided or revoked, or placed on a list by the
company or bank issuing the card which would require that the transaction be precleared by
the issuer. This verification may be accomplished by telephoning the issuing company or
bank or by using any device or instrument that can access keyed information and verify such
keyed information through electronic or digital means.

D.(1) The department may determine that only specific programs or specific offices
or locations will accept credit cards, charge cards, or debit cards as payment for fees, fines,
taxes, penalties, and interest.

(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, the office
of motor vehicles within the department shall accept credit cards, charge cards, and debit
cards as payment for fees, fines, taxes, penalties, and interest as a form of payment along
with all other payment methods currently used.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the office
of motor vehicles within the department shall not be required to accept credit cards, charge
cards, and debit cards for the International Registration Plan (IRP) authorized pursuant to
R.S. 47:511(B).

E. The department shall suspend any license, permit, license plate, appointment,
authorization, or motor vehicle registration issued or renewed pursuant to a payment made
by a credit card, charge card, or debit card, if the credit, charge, or debit is refused, denied,
dishonored, or reversed by the issuing company or bank. Drivers' licenses shall be suspended
and reinstated in accordance with the provisions of R.S. 32:414. Any such license, permit,
license plate, appointment, authorization, or motor vehicle registration shall remain
suspended until such time as the card payment which was refused, denied, dishonored, or
reversed is made good by the person issued the license, permit, license plate, appointment,
authorization, or motor vehicle registration and the person pays any reinstatement fee due to
the department.

F. The department shall recall and revoke any certificate of title for a motor vehicle
issued pursuant to a payment made by a credit card, charge card, or debit card if the credit,
charge, or debit is refused, denied, dishonored, or reversed by the issuing company or bank.

G. The notice of suspension or revocation issued pursuant to this Subsection shall
inform the person that his license, permit, license plate, appointment, authorization, or motor
vehicle registration is being suspended, or certificate of title is being revoked, because the
payment with the credit card, charge card, or debit card was refused, denied, dishonored, or
reversed by the issuing company or bank. The notice shall be sent by certified mail. The
person shall have thirty days from the date the notice of suspension or revocation was mailed
to submit a written request for an administrative hearing. If a timely request for an
administrative hearing is received, the hearing shall be scheduled no later than ninety days
from the date the request for a hearing was received by the department. The department
records of the transaction including any notice from the issuing company or bank shall be
prima facie proof of the violation. Any petition for a judicial review of the administrative
hearing shall be in the same manner and under the same conditions as provided in R.S.
32:414.

H. The department may promulgate rules and regulations in accordance with the
Administrative Procedure Act as are necessary to prohibit a person who has repeatedly
submitted a credit card, charge card, or debit card for payment which was refused, denied,
dishonored, or reversed by the issuing company or bank from submitting a credit card, charge
card, or debit card for payment for a period of three years.

*Acts 1998, 1st Ex. Sess., No. 44, §1; Acts 2009, No. 229, §1, eff. June 30, 2009; Acts 2015, No. 414, §2; Acts 2023, No. 155, §1.*

##### **§ 40:1322.1** Transfer of recalled and revoked motor vehicle titles {#sec-40-1322.1 omnilex-key=us-la-statutes--rs-title-40--40:1322.1}

A. No person shall intentionally transfer or assign a certificate of title for a motor vehicle if the person knows that the certificate of title has been recalled and revoked pursuant to R.S. 40:1322.

B. Whoever violates the provisions of this Section shall be imprisoned for not more than six months, or fined not more than five hundred dollars, or both.

*Acts 1998, 1st Ex. Sess., No. 44, §1.*

#### **PART II** SAFETY WORK

##### **§ 40:1341** Safety education {#sec-40-1341 omnilex-key=us-la-statutes--rs-title-40--40:1341}

The department shall advise and instruct the people in Louisiana in accident prevention and in safety consciousness, so that the lives, limbs, and property of our citizens may be safeguarded.

##### **§ 40:1342** Repealed by Acts 1991, No. 922, §1. {#sec-40-1342 omnilex-key=us-la-statutes--rs-title-40--40:1342}

*Repealed by Acts 1991, No. 922, §1.*

#### **PART II-A** LOUISIANA MEDICAL ADVISORY BOARD

##### **§ 40:1351** Louisiana Medical Advisory Board created; membership, qualifications, vacancies {#sec-40-1351 omnilex-key=us-la-statutes--rs-title-40--40:1351}

A. The Louisiana Medical Advisory Board is hereby created. The board shall consist of eighteen members to be appointed by the governor for terms of four years. Each member of the board shall be a graduate physician or surgeon or optometrist and the members shall be selected from the following areas of specialization: (1) ophthamology or optometry, (2) psychiatry, (3) orthopedics, (4) neurology or neurological surgery, (5) general surgery, or (6) internal medicine and cardiology. The Louisiana State Medical Society shall submit the names of six persons qualified in each specialty from which the governor shall make appointments to the board, and the Louisiana State Association of Optometrists shall also submit the names of six qualified optometrists, from which the governor shall make at least one appointment to the board. All members appointed by the governor shall be confirmed by the Senate, and, beginning in 1984, be reconfirmed by the Senate every two years.

B. Vacancies in the membership of the board shall be filled by appointment by the governor.

*Added by Acts 1968, No. 281, §1. Amended by Acts 1972, No. 223, §1; Acts 1981, No. 631, §1.*

##### **§ 40:1352** Expenses of members {#sec-40-1352 omnilex-key=us-la-statutes--rs-title-40--40:1352}

The members of the board shall receive no compensation but shall be paid their necessary and actual expenses incurred in connection with attendance at meetings of the board or on business for the board assigned by it.

*Added by Acts 1968, No. 281, §1.*

##### **§ 40:1353** Officers {#sec-40-1353 omnilex-key=us-la-statutes--rs-title-40--40:1353}

The officers of the board shall be a chairman, who shall be appointed by the governor, and such other officers as the board deems necessary.

*Added by Acts 1968, No. 281, §1.*

##### **§ 40:1354** Domicile of board; meetings {#sec-40-1354 omnilex-key=us-la-statutes--rs-title-40--40:1354}

The domicile of the board shall be in Baton Rouge; but meetings may be held at other places in the state. Meetings shall be held on call of the chairman.

*Added by Acts 1968, No. 281, §1.*

##### **§ 40:1355** Powers and duties {#sec-40-1355 omnilex-key=us-la-statutes--rs-title-40--40:1355}

A. The board shall advise the Department of Public Safety and Corrections, in writing and with stated reasons, in those cases referred to it by the department with respect to the visual ability or physical condition of an applicant for a vehicle operator's license or of a licensed driver, insofar as any impairment or disability therein may hinder such person's ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

B. Pursuant to the provisions of R.S. 46:2582(4), the board shall review material and evidence submitted to it by the accessible parking privileges investigation committee within the governor's office of disability affairs. If, in the board's determination, the review of such material does indicate a possible inappropriate certification by a physician of an individual's eligibility for accessible parking privileges, the board shall submit such material along with a recommendation for appropriate disciplinary action to the Louisiana State Board of Medical Examiners.

Added by Acts 1968, No. 281, §1. Amended by Acts 1978, No. 769, §1; Acts 1995, No. 1079, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.

NOTE: Acts 1995, No. 724, §2 provided that R.S. 40:1355(B) became operative if and when HB No. 2119 was enacted and became effective (became Act 724, eff. Aug. 15, 1995).

##### **§ 40:1356** Limitation of liability; reporting impaired applicants for license or licensed drivers; confidentiality {#sec-40-1356 omnilex-key=us-la-statutes--rs-title-40--40:1356}

A. As used in this Part, "health care provider" means and includes any person defined
in R.S. 40:1231.1(A), and "board" means the Louisiana Medical Advisory Board.

B. No person shall have a cause of action for damages or loss against any health care
provider nor shall any criminal liability be imposed as a result of a report by the health care
provider to the Department of Public Safety and Corrections or the Louisiana Medical
Advisory Board of any visual ability or physical condition, impairment, or disability of an
applicant for a driver's license or of a licensed driver, which may impair such person's
general ability to exercise ordinary and reasonable control in the operation of a motor
vehicle, whether the health care provider is statutorily mandated to make such a report or
whether such report is made voluntarily, when the health care provider is acting without
malice and in the reasonable belief that such action is warranted to protect the public.

C. No person shall have a cause of action for damages or loss against any member
of the board for his actions as a result of his official duties when the member of the board is
acting without malice and in the reasonable belief that such action is warranted by the
information as presented to the board.

D. A health care provider who conducts an examination of an applicant for a driver's
license or of a licensed driver, at the board's request, relative to an individual's general ability
to exercise ordinary and reasonable control in the operation of a motor vehicle, shall not be
liable for damages or loss as a result of his report to the board nor shall such health care
provider be considered a guarantor of the applicant's or licensed driver's ability to exercise
ordinary and reasonable control in the operation of a motor vehicle.

E.(1) Any office of motor vehicles employee or agent in the performance of his
duties related to drivers' licenses, law enforcement officer, health care provider, or any family
member having first-hand knowledge of any condition of an applicant for a driver's license
or of a licensed driver may file a report with the Department of Public Safety and Corrections
stating that he believes an applicant for a driver's license or a licensed driver is unable to
safely operate a motor vehicle.

(2) The report shall state that the person reasonably and in good faith believes an
applicant for a driver's license or a licensed driver cannot safely operate a motor vehicle and
shall be based upon personal observation or physical evidence which shall be described in
the report, or the report shall be based upon an investigation by a law enforcement officer.
The report shall be a written declaration in the form prescribed by the Department of Public
Safety and Corrections and shall include the name, address, telephone number, and signature
of the person making the report.

(3) Upon receipt of the report, the Department of Public Safety and Corrections shall
send written notification to the applicant for a driver's license or the licensed driver requiring
him to submit to a medical examination. The medical examination shall be conducted, and
the completed medical examination form shall be submitted to the department not later than
thirty days after the date written notification of the need for a medical examination is sent.
Upon receipt of the examination form or lapse of the thirty days if no form is received, the
department shall take appropriate action as provided in R.S. 32:424 against the applicant for
a driver's license or the licensed driver.

(4) No person, nor the Department of Public Safety and Corrections, nor the board
shall be liable for damages or loss as a result of the failure to file a report or the failure to act
upon or investigate a report.

(5) Any person who makes a report pursuant to this Section shall be immune from
any criminal or civil liability that otherwise might result from making the report when that
person is acting without malice and in the reasonable belief that such action is warranted to
protect the public.

*Acts 1988, No. 702, §1, eff. July 15, 1988; Acts 1995, No. 1079, §1; Acts 2001, No. 806, §1; Acts 2018, No. 206, §4.*

#### **PART III** STATE POLICE

#### **SUBPART A** STATE POLICE LAW

##### **§ 40:1371** Title {#sec-40-1371 omnilex-key=us-la-statutes--rs-title-40--40:1371}

This Sub-part may be cited as the "State Police Law."

##### **§ 40:1372** Definitions {#sec-40-1372 omnilex-key=us-la-statutes--rs-title-40--40:1372}

As used in this Subpart:

(1) "Civilian employee" means any employee assigned to a position other than that
of police employee.

(2) "Department" means the Department of Public Safety and Corrections.

(3) "Division" means the division of state police in the Department of Public Safety
and Corrections.

(4) "Emergency response operator" and "emergency services dispatcher" shall
include individuals with and without the ability to provide medical advice as provided by
R.S. 40:1131(22).

(5) "Employee" means any employee of the division of state police in the Department
of Public Safety and Corrections.

(6) "First responder" means a public employee or volunteer whose duties include
responding rapidly to an emergency. The term includes any of the following:

(a) A peace officer whose duties include responding rapidly to an emergency.

(b) Fire protection personnel.

(c) A volunteer firefighter.

(d) An individual certified as emergency medical services personnel.

(e) An emergency response operator or emergency services dispatcher who provides
communication support services for an agency by responding to requests for assistance in
emergencies.

(f) Other emergency response personnel employed by a state agency.

(7) "Police employee" means any employee who is assigned to police work as a
peace officer pursuant to R.S. 40:1379.

*Acts 2021, No. 184, §3.*

##### **§ 40:1373** Five day work week for employees {#sec-40-1373 omnilex-key=us-la-statutes--rs-title-40--40:1373}

The department shall arrange the work of the office of state police so that no employee shall be required to work more than five days per calendar week without being granted compensatory time off for the period worked in excess of five days.

*Amended by Acts 1981, No. 654, §1.*

##### **§ 40:1374** Workers' compensation law; employees deemed within; coverage for posttraumatic stress injury; presumption of compensability {#sec-40-1374 omnilex-key=us-la-statutes--rs-title-40--40:1374}

A. Every employee of the division of state police, except the head thereof, shall be
considered an employee of the state within the meaning of the workers' compensation law
of this state and entitled to the benefits of all the provisions of that law applicable to state
employees.

B. Any workers' compensation policy which provides coverage for an employee of
the division of state police, pursuant to this Section, shall include coverage for posttraumatic
stress injury.

C. For purposes of this Section, the following definitions shall apply:

(1) "Posttraumatic stress injury" means those injuries which are defined as
"posttraumatic stress disorder" by the most recently published edition of the Diagnostic and
Statistical Manual of Mental Disorders by the American Psychiatric Association caused by
an event occurring in the course and scope of employment.

(2) "Psychiatrist" shall have the same meaning as it is defined pursuant to R.S.
23:1371.1.

(3) "Psychologist" shall have the same meaning as it is defined pursuant to R.S.
23:1371.1.

D.(1) Any employee of the division of state police who is diagnosed by a psychiatrist
or psychologist with posttraumatic stress injury, either during employment in the classified
service in the state of Louisiana pursuant to this Chapter or thereafter, shall be presumed,
prima facie, to have a disease or infirmity connected with his employment for purposes of
workers' compensation benefits.

(2) Once diagnosed with posttraumatic stress injury as provided for in Paragraph (1)
of this Subsection, the employee affected or his survivors shall be entitled to all rights and
benefits as granted by state workers' compensation law to one suffering an occupational
disease and is entitled as service connected in the line of duty, regardless of whether the
employee is employed at the time of diagnosis.

E.(1) Nothing in this Section shall modify the qualifications necessary to establish
eligibility to receive benefits or the calculation of benefits to be paid under any Louisiana
public pension or retirement system, plan, or fund.

(2) In case of a conflict between any provision of Title 11 of the Louisiana Revised
Statutes of 1950, including any provision in Subpart E of Part II of Chapter 4 of Title 11 of
the Louisiana Revised Statutes of 1950, and any provision of this Section, the provision of
Title 11 of the Louisiana Revised Statutes of 1950 shall control.

F. A posttraumatic stress injury that arises solely from a legitimate personnel action
such as a transfer, promotion, demotion, or termination, is not a compensable injury pursuant
to this Chapter.

*Acts 1983, 1st Ex.Sess., No. 1, §6; Acts 2019, No. 122, §3.*

##### **§ 40:1374.1** Development of hearing loss during employment in the division of state police; occupational disease {#sec-40-1374.1 omnilex-key=us-la-statutes--rs-title-40--40:1374.1}

A. For the purpose of this Section, "division" has the same meaning as
provided for in R.S. 40:1372.

B.(1) Any loss of hearing that is ten decibels or greater on average for the
frequencies that the Occupational Safety and Health Administration monitors for
noise exposure in the general population when adjusted for aging and that develops
during employment in the division shall, for purposes of this Section only, be
classified as a disease or infirmity connected with employment.

(2) The employee affected shall be entitled to medical benefits, including
hearing aids, as granted by the laws of this state to which one suffering an
occupational disease is entitled, regardless of whether the employee is on duty at the
time that the employee is stricken with the loss of hearing.

(a) Such loss of hearing shall be presumed to have developed during
employment and shall be presumed to have been caused by or to have resulted from
hazardous noise exposure when diagnostic hearing testing reveals a decrease of ten
decibels or more for the frequencies that the Occupational Safety and Health
Administration monitors for noise exposure from the baseline audiological
evaluation.

(b) This presumption shall be rebuttable by a preponderance of evidence, and
such presumption shall be overcome if the evidence does not establish that the nature
of the work performed was the predominant and major cause of the hearing loss.

(c) The presumption shall be extended to an employee following termination
of service for a period of twenty-four months.

C.(1) Each person selected for appointment to an entry level position in the
division on and after August 1, 2024, shall submit to a baseline audiology
examination, an audiological examination every five years, and a final termination
audiological evaluation at the end of service. An employee shall receive his baseline
examination not later than one year after his appointment.

(2) The appointing authority shall develop and implement policies and
procedures for the administration of such examinations.

D.(1) Nothing in this Section shall modify the qualifications necessary to
establish eligibility to receive benefits or the calculation of benefits to be paid in
accordance with any Louisiana public pension or retirement system, plan, or fund.

(2) In case of a conflict between any provision of Title 11 of the Louisiana
Revised Statutes of 1950 and any provision of this Section, the provision of Title 11
of the Louisiana Revised Statutes of 1950 shall control.

*Acts 2024, No. 687, §1.*

##### **§ 40:1375** Training school; fees {#sec-40-1375 omnilex-key=us-la-statutes--rs-title-40--40:1375}

A. The department shall organize and maintain training facilities.

B. The training facilities shall be known as the "Donald J. Thibodeaux Training Complex". Such facilities shall consist of the Training Academy at State Police Headquarters; Emergency Response Training Center near Holden, Louisiana; and Joint Emergency Services Training Center near Zachary, Louisiana.

C. No police employee of the department shall be assigned to active duty until he or she has successfully passed the course for probationers which is prescribed by the department and which is taught at the training facilities.

D. Training courses for the higher ranks, grades, and positions of the office shall be prescribed and conducted by the department for those police employees of the department who have been promoted to a higher rank, grade, or position.

E. The department shall make the training facilities available to any local government unit within this state by conducting schools at convenient centers for the training of police officers.

F.(1) Pursuant to the Administrative Procedure Act, the department may promulgate rules and regulations to charge reasonable fees for participation in its training school and courses and for the use of its training facilities.

(2) The fees received by the department shall be deposited immediately upon receipt into the state treasury.

*Acts 1985, No. 940, §1, eff. July 23, 1985; Acts 1992, No. 984, §18; Acts 1997, No. 236, §1; Acts 1999, No. 1297, §1; Acts 2006, No. 101, §1.*

##### **§ 40:1376** Uniforms, equipment, and badges {#sec-40-1376 omnilex-key=us-la-statutes--rs-title-40--40:1376}

A. The department shall provide the employees of the division, within the amount of appropriations therefor, with the uniforms and equipment necessary to the performance of their respective duties, but all such uniforms and equipment shall remain the property of the state.

B. The uniform to be used and worn by the police employees of the division shall be distinctive in color, design, material, markings, and insignia so as to be readily and easily identifiable from a reasonable distance as the uniform worn by the police employees of the division of state police of this state.

C.(1) No department, division, or agency of the state or of any municipality, parish, or other political subdivision of the state charged with law enforcement or the apprehension of violators of any state, municipal, or parochial laws or ordinances shall provide, furnish to, or permit their employees to wear a uniform of the same color, design, or markings as that worn by state policemen or which is so similar in appearance as to confuse, tend to confuse, or not be clearly distinguishable from the uniforms used and worn by the police employees of the office of state police.

(2) It shall be unlawful for any person to utilize or wear a uniform of the same color, design, or markings as that worn by state policemen or to utilize or wear a uniform which is so similar in appearance as to confuse, tend to confuse, or not be clearly distinguishable from the uniform used and worn by the police employees of the office of state police. This Paragraph does not apply to a person who first obtains the express, written consent of the deputy secretary for public safety services.

D. The department may sell equipment which becomes unfit for use. All money received therefor shall be paid into the state treasury and credited to the general fund.

E. The department shall keep an inventory and shall charge against each employee of the division the value of all property of the department issued to him and if it determines that any loss or destruction of such property was due to the carelessness or neglect of the employee, it shall cause the value of the property to be deducted from the pay of the employee.

F. No department, office, or agency of the state or of any municipality, parish, or other political subdivision of the state charged with law enforcement or the apprehension of violators of any state laws or any municipal or parochial ordinances shall provide, furnish, sell, or permit its employees to wear a badge of the same design or markings as that worn by a law enforcement officer employed by the Department of Public Safety and Corrections, an employee of the Department of Justice, an enforcement officer of the Department of Wildlife and Fisheries, an employee of the Department of Agriculture and Forestry who is commissioned by the office of state police, an employee of the Department of Environmental Quality who is commissioned by the office of state police, or the sergeant at arms or assistant sergeants at arms of the Senate or House of Representatives who are commissioned by the office of state police, or which is so similar in appearance as to confuse, tend to confuse, or not be clearly distinguishable from the badge used and worn by such officer or employee.

*Amended by Acts 1964, No. 476, §1; Acts 1992, No. 892, §1, eff. July 8, 1992; Acts 1997, No. 1080, §1; Acts 2004, No. 73, §1.*

##### **§ 40:1377** Property and equipment for use of division {#sec-40-1377 omnilex-key=us-la-statutes--rs-title-40--40:1377}

The department may, within the limits of appropriations, purchase or otherwise acquire the right to use and maintain lands and buildings, horses, motor equipment, and other commodities, equipment, and services deemed essential by it for the needs of the division or its employees in carrying out their duties.

The department may sell any property which becomes unnecessary or unfit for further use. All moneys received therefor shall be paid into the state treasury and credited to the general fund.

##### **§ 40:1378** Headquarters and stations; establishment; discontinuance {#sec-40-1378 omnilex-key=us-la-statutes--rs-title-40--40:1378}

The department shall, from time to time, establish headquarters and stations in the localities it thinks best suited to aid in the enforcement of the laws of this state.

It may also, as it sees fit, discontinue any headquarters or station.

##### **§ 40:1379** Duties and powers of police employees {#sec-40-1379 omnilex-key=us-la-statutes--rs-title-40--40:1379}

A. The police employees of the division shall prevent and detect crime, apprehend criminals, enforce the criminal and traffic laws of the state, keep the peace and good order in the state in the enforcement of the state's police powers, and perform any other related duties imposed upon them by the legislature.

B. Police employees of the division are peace officers and, any provision of the law to the contrary notwithstanding, except R.S. 40:1386, they have, in any part of the state, the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, constables, and police officers have in their respective jurisdictions. They have all the immunities and matters of defense now available or hereafter made available to sheriffs, constables, and any police officers in any suit brought against them in consequence of acts done in the course of their employment.

C. Any warrant of arrest or other process issued by the legislature or either house thereof, or any court of the state may be served and executed by any police employee of the division in any part of the state according to the tenor thereof without endorsement.

D. Other police employees of the office, including but not limited to safety enforcement officers, public safety services police officers, and officers of the weights and standards mobile police force shall be commissioned under this Section and shall have all the authority and protection afforded by the provisions of this Section.

*Acts 1960, 1st Ex. Sess., No. 16, §1; Acts 1999, No. 286, §1.*

##### **§ 40:1379.1** Special officers; powers and duties; concealed handgun permit {#sec-40-1379.1 omnilex-key=us-la-statutes--rs-title-40--40:1379.1}

A. The superintendent of state police shall be authorized to issue at his discretion a
special officer's commission from the division of state police. Any person who receives a
special officer's commission must display need for statewide police power and power to
arrest, be bonded, and adhere to all restrictive stipulations as set forth in the special officer's
commission.

B. The special officer, when performing those tasks requiring a special officer's
commission, shall have the same powers and duties as a peace officer; provided, however,
that when not performing these tasks directly related to the special officer's commission, he
shall be regarded as a private citizen and his commission shall not be in effect.

C. The superintendent of state police shall determine who is entitled to receive a
special officer's commission and may promulgate and adopt regulations providing with
respect to the issuance and use of said permits.

D. The superintendent of state police shall have the authority to revoke any special
officer's commission for cause, and is further empowered to require those holding special
officer's commissions to furnish proof of their being bonded and such other information as
may be deemed necessary for determining suitability for holding a special officer's
commission.

E. All special officer or agent commissions previously issued by the department of
public safety are rescinded upon the effective date of this Section.

F. During a declared state of emergency or disaster by the governor, the deputy
secretary of the Department of Public Safety and Corrections, public safety services, office
of state police may issue a special officer's commission to a commissioned law enforcement
officer who responds to a request for assistance pursuant to the Emergency Management
Assistance Compact, as found in R.S. 29:733 and is determined by the deputy secretary to
need statewide police power and power to arrest. Any person who receives a special officer's
commission under this Subsection shall not be required to be bonded and shall adhere to all
restrictive stipulations as set forth in the special officer's commission and regulations
promulgated and adopted pursuant to Subsection C of this Section. Such person shall have
the powers and duties of a peace officer, provided, that when he is not performing tasks
directly related to the special officer's commission, he shall be regarded as a private citizen
and his commission shall not be in effect.

G. Repealed by Acts 2013, No. 402, §3.

H. The deputy secretary of the Department of Public Safety and Corrections shall
have the authority to grant to an individual a concealed handgun permit from the office of
state police. Before the individual applies to the deputy secretary for a permit, he must have
been granted a concealed handgun permit by the chief law enforcement officer of the parish
in which he is officially domiciled. Any individual who receives a concealed handgun permit
from the office of state police must be bonded in the amount of five thousand dollars and
must adhere to all restrictive stipulations as provided in the concealed handgun permit.
Further, the deputy secretary shall have the authority to promulgate and adopt regulations
providing with respect to the issuance and use of said permit.

I. The superintendent of state police or the chief law enforcement officer of a parish
shall have the authority to revoke any concealed handgun permit, and is further empowered
to require those holding handgun permits to furnish proof of their being bonded, and such
other information as may be deemed necessary for determining suitability for holding a
concealed handgun permit.

J. Special officer commissions shall be valid only for a period of one year from the
date of their issuance. However, special officer commissions issued to employees of the
department shall be valid until revoked by the superintendent. Special officer commissions
issued to judges shall be valid for the length of their term of office.

K. For the purposes of this Section, "handgun" is defined as meaning any pistol or
revolver originally designed to be fired by the use of a single hand and which is designed to
fire or is capable of firing fixed cartridge ammunition.

L. No provision of this Section or of any regulation of the superintendent of state
police shall be construed to require persons holding bona fide law enforcement officer
commissions to possess a handgun permit.

M. Anyone in possession of a concealed handgun permit issued by the
superintendent who uses a handgun in a task not directly related to the stipulations set forth
in the permit shall be fined not more than five hundred dollars, or imprisoned for not more
than six months, or both.

N.(1) Notwithstanding the provisions of Subsections A, B, C, and D of this Section,
the deputy secretary of public safety services shall issue a special officer's commission to the
sergeant at arms or assistant sergeants at arms of the Senate or the House of Representatives
or a capitol security officer when directed to do so by the president of the Senate or the
speaker of the House of Representatives. The deputy secretary shall not determine eligibility
for a special officer's commission under this Subsection, which determination shall be made
solely by the president of the Senate or the speaker of the House of Representatives.

(2) Commissions under this Subsection shall not exceed the term of the president of
the Senate or the speaker of the House of Representatives, according to the length of the
remaining term of the respective party.

*Added by Acts 1975, No. 412, §1. Amended by Acts 1982, No. 663, §1; Acts 1991, No. 562, §1; Acts 1992, No. 892, §1, eff. July 8, 1992; Acts 1993, No. 942, §1; Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996; Acts 1999, No. 1367, §1; Acts 2006, No. 317, §1, eff. June 13, 2006; Acts 2013, No. 402, §3; Acts 2017, No. 246, §2, eff. June 14, 2017; Acts 2022, No. 507, §2, eff. June 16, 2022.*

##### **§ 40:1379.1.1** Concealed handgun permit issued by sheriffs; reciprocity; contiguous parishes {#sec-40-1379.1.1 omnilex-key=us-la-statutes--rs-title-40--40:1379.1.1}

A.(1) The sheriff of a parish shall have the authority to issue a concealed handgun permit to any person. The permit shall be valid only within the boundaries of the parish in which the sheriff has jurisdiction, unless the sheriff has entered into a reciprocity agreement as provided for in Subsection B of this Section.

(2) Upon application, the sheriff 's office shall perform a standard criminal record check. The officer who performed the standard criminal record check shall not be liable for acts committed by the permittee, unless the officer had actual personal knowledge at the time he issued the permit that the permittee was mentally unstable or disqualified by law from possessing a firearm.

B.(1) A sheriff may enter into a reciprocity agreement with any sheriff of a contiguous parish that shall authorize both sheriffs to issue concealed handgun permits to persons meeting the criteria provided for in Subsection C of this Section. Those permits issued pursuant to this Subsection shall be valid within the boundaries of the participating contiguous parishes. The agreement shall specify the terms of use regarding the issuance of the concealed handgun permits and any other restrictions deemed appropriate by the sheriffs.

(2) If a sheriff enters into a reciprocity agreement with any sheriff in a contiguous parish, no concealed handgun permits shall be issued to any person pursuant to Subsection A of this Section.

(3) Any concealed handgun permit issued pursuant to this Subsection shall be null, void, and of no effect if the permittee does not meet the criteria provided for in Subsection C of this Section.

C. To qualify for a concealed handgun permit issued by a sheriff who has entered into a reciprocity agreement with a sheriff of a contiguous parish, the applicant shall meet all of the following requirements:

(1) Make sworn application to the sheriff in the same manner provided for in R.S. 40:1379.3(C)(1) in which a concealed weapons permit application is made to the secretary of public safety services of the Department of Public Safety and Corrections.

(2) Meet the same qualifications for the issuance of a concealed handgun permit pursuant to the provisions of R.S. 40:1379.3(C).

(3) Demonstrate competence with a handgun in the same manner provided for in R.S. 40:1379.3(D) in which a concealed weapons permit application is made to the secretary of public safety services of the Department of Public Safety and Corrections.

D.(1) Any information in an application for a concealed handgun permit or any information provided in connection with the application submitted to the sheriff's office pursuant to the provisions of this Section shall be held confidential and shall not be subject to any public records request nor shall the information be considered as a public record pursuant to R.S. 44:1 et seq. The sheriff shall not be required to release any list of persons who applied for or received a permit for a concealed handgun pursuant to this Section; however, nothing in this Section shall limit or impede the exchange of information between law enforcement agencies, prohibit the sheriff from releasing information necessary to perform a background investigation, provide statistical information that does not identify individual applicants or permittees, or release information in response to an appropriate law enforcement function as determined by the issuing sheriff.

(2) Absent a valid court order requiring the release of information, or unless an applicant or a recipient of a concealed handgun permit is charged with a felony offense involving the use of a handgun, it shall be unlawful for any employee of the sheriff's office to intentionally release or disseminate for publication any information contained in an application for a concealed handgun permit or any information regarding the identity of any person who applied for or received a concealed handgun permit issued pursuant to this Section. A person who violates the provisions of this Paragraph shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

(3)(a) Subject to the provisions of Paragraph (2) of this Subsection, it shall be unlawful for any person to intentionally release, disseminate, or make public in any manner any information contained in an application for a concealed handgun permit or any information regarding the identity of any person who applied for or received a concealed handgun permit issued pursuant to this Section. Any person except as provided for in Paragraph (2) of this Subsection, who violates the provisions of this Paragraph shall be fined ten thousand dollars and may be imprisoned for not more than six months.

(b) The provisions of this Paragraph shall not apply to the release of information under any of the following circumstances:

(i) A valid court order requires the release of the information.

(ii) The information released identifies a concealed handgun permit holder or applicant who is charged with a felony offense involving the use of a handgun.

(iii) The information regarding a concealed handgun permit applicant or holder is released pursuant to the express approval for the release of such information by that permit applicant or holder.

(iv) The information regarding a concealed handgun permit holder or applicant has been made public by that concealed handgun permit holder or applicant.

E.(1) A sheriff who issues a concealed handgun permit pursuant to the provisions of Subsection B of this Section shall require an applicant to comply with the requirements of Subsection C of this Section and shall charge the fee in the amount set forth in R.S. 40:1379.3(H)(2).

(2) A sheriff who issues a concealed handgun permit pursuant to this Section shall revoke the permit if the permit holder violates any provision as provided for in R.S. 40:1379.3(F).

F. The provisions of this Section shall not invalidate any permit to carry a concealed handgun that was issued by a sheriff prior to August 1, 2013.

*Acts 2013, No. 402, §1.*

##### **§ 40:1379.1.2** Special officers commission; rail police officers {#sec-40-1379.1.2 omnilex-key=us-la-statutes--rs-title-40--40:1379.1.2}

A. The superintendent of state police shall be authorized to issue at his discretion a special officer's commission from the division of state police to any person who is employed by a rail carrier as a rail police officer in accordance with 49 U.S.C. §28101.

B. A rail police officer issued a special officer's commission shall maintain current certification pursuant to the Council on Peace Officer Standards and Training.

C. The superintendent of state police shall be authorized to perform any of the following acts:

(1) Determine eligibility to receive a special officer's commission.

(2) Revoke any special officer's commission for cause.

(3) Require those rail police officers holding special officer's commissions to furnish proof of being bonded.

(4) Require submission of any information that is deemed necessary for determining suitability for holding a special officer's commission.

D. A special officer's commission issued to a rail police officer pursuant to the provisions of this Section shall be in effect at all times and to the extent of the authority of a certified or commissioned police officer pursuant to the laws of this state for the purpose of enforcing the laws in any jurisdiction in which the rail carrier owns property and provides protection for the following:

(1) Employees, passengers, or patrons of the rail carrier.

(2) Property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier.

(3) Property moving in interstate or foreign commerce in the possession of the rail carrier.

(4) Personnel, equipment, and material moving by rail that are vital to national defense.

E. Special officer commissions issued pursuant to the provisions of this Section shall be valid for a period of one year from the date of their issuance.

F. The Department of Public Safety and Corrections may promulgate and adopt regulations with respect to the issuance of the special officer's commissions for rail police officers.

*Acts 2014, No. 361, §1.*

##### **§ 40:1379.1.3** Carrying of concealed firearms by qualified law enforcement officers {#sec-40-1379.1.3 omnilex-key=us-la-statutes--rs-title-40--40:1379.1.3}

A. Notwithstanding any other provision of state law or any ordinance of any political
subdivision and subject to the rules and regulations or policies of the agency or office
employing the individual, an individual who is a qualified law enforcement officer and who
is carrying the identification required by his office as a law enforcement officer, may carry
a concealed firearm anywhere in the state, including any place open to the public, whether
the officer is on duty or not, and regardless of whether the officer is engaged in the actual
discharge of his duties.

B. As used in this Section, the term "qualified law enforcement officer" means a law
enforcement officer who meets all of the following requirements:

(1) Is an active, full-time employee of a state or municipal law enforcement agency
or sheriff's office and is certified in the use of firearms by the Peace Officer Standards and
Training Council.

(2) Is authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person for, any violation of law,
and has statutory powers of arrest or apprehension.

(3) Is authorized by the employing agency to carry a firearm in accordance with the
agency's rules and regulations.

(4) Is not the subject of any disciplinary action by the agency which could result in
suspension or loss of police powers.

(5) Meets standards, if any, established by the agency which require the employee
to regularly qualify in the use of a firearm.

(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug
or substance.

(7) Is not prohibited by federal law from receiving a firearm.

C. The identification required by this Section is the photographic identification
credential issued by the law enforcement agency for which the individual is employed that
identifies the employee as a law enforcement officer of the agency.

D. No business organization shall deny entry or otherwise prohibit a qualified law
enforcement officer who is lawfully carrying a concealed firearm from entering a venue.

E. As used in this Section:

(1) "Business organization" means a sole proprietorship, partnership, corporation,
limited liability company, or other business association recognized by the Internal Revenue
Service.

(2) "Venue" means a physical location open to the public that is operated, managed,
owned by, or otherwise under the control or authority of a business organization.

F. A business organization operating a venue shall be subject to a civil fine of one
thousand dollars per occurrence to be paid to the Department of Justice for each violation of
the provisions of Subsection D of this Section. Each violation of Subsection D of this Section
shall constitute a separate offense. The attorney general shall have the authority to bring a
civil action arising out of any violation of the provisions of Subsection D of this Section, in
addition to any other authority granted by the Constitution of Louisiana and laws of this state.

G. The court shall assess all court costs, including attorney fees, incurred in the
institution of the action authorized by Subsection F of this Section against the subject of the
action for any violation of the provisions of Subsection D of this Section.

*Acts 2014, No. 603, §1; Acts 2024, No. 38, §2.*

##### **§ 40:1379.1.4** Carrying of concealed firearms by qualified retired law enforcement officers {#sec-40-1379.1.4 omnilex-key=us-la-statutes--rs-title-40--40:1379.1.4}

A. Notwithstanding any other provision of state law or any ordinance of any political
subdivision and subject to the rules and regulations or policies of the agency or office from
which the individual has retired, an individual who is retired from service as a qualified law
enforcement officer and who was commissioned by the agency or office from which he
retired and is carrying the identification required by his office as a retired law enforcement
officer, may carry a concealed firearm anywhere in the state, including any place open to the
public.

B. As used in this Section, the term "qualified retired law enforcement officer"
means an individual who meets all of the following:

(1) Separated from service in good standing from a law enforcement agency as a
qualified law enforcement officer. For purposes of this Section, an officer is in "good
standing" unless the officer is the subject of an internal investigation for which the
presumptive penalty, if the investigation is disposed of as "sustained", is termination.

(2) Before such separation, was an active, full-time employee or reserve officer of a
state or municipal law enforcement agency or sheriff's office and is certified in the use of
firearms by the Peace Officer Standards and Training Council.

(3) Was authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person for, any violation of law,
and had statutory powers of arrest.

(4)(a) Before such separation, served as a law enforcement officer for an aggregate
of twelve years or more; or

(b) Separated from service with such agency after completing any applicable
probationary period of such service due to a service-connected disability, as determined by
such agency.

(5) Qualifies annually in the use of firearms by the Peace Officer Standards and
Training Council and has proof of such certification or was properly certified by the Council
on Peace Officer Standards and Training at the time of retirement, in accordance with R.S.
40:1379.3(D)(1)(f).

(6)(a) Has not been officially found by a qualified medical professional employed
by the agency to be unqualified for reasons relating to mental or physical health and as a
result of this finding will not be issued the photographic identification as described in
Subsection C of this Section; or

(b) Has not entered into an agreement with the agency from which the individual
separated from service in which that individual acknowledged he or she was not qualified
under this Section for reasons relating to mental or physical health and for those reasons did
not receive or accept the photographic identification as described in Subsection C of this
Section.

(7) Is not under the influence of alcohol or another intoxicating or hallucinatory drug
or substance.

(8) Is not prohibited by federal law from receiving a firearm.

C. The identification required by this Section is the photographic identification
credential issued by the agency from which the individual separated from service as a law
enforcement officer that identifies the person as having been employed as a law enforcement
officer.

D. The sheriff, chief law enforcement officer, or head of the office or agency from
which the individual has retired shall issue identification required by the provisions of this
Section to each individual who meets the qualifications set forth in Subsection B of this
Section.

E. The provisions of this Section shall not permit an individual who is retired from
service as a qualified law enforcement officer the ability to carry a concealed firearm in
another state without proper qualification under the provisions of 18 U.S.C. 926C.

F. For the purposes of this Section, "reserve officer" means a reserve or auxiliary
municipal police officer who meets all of the qualifications provided in R.S. 14:95(G)(3).

G. No business organization shall deny entry or otherwise prohibit a qualified retired
law enforcement officer who is lawfully carrying a concealed firearm from entering a venue.

H. As used in this Section:

(1) "Business organization" means a sole proprietorship, partnership, corporation,
limited liability company, or other business association recognized by the Internal Revenue
Service.

(2) "Venue" means a physical location open to the public that is operated, managed,
owned by, or otherwise under the control or authority of a business organization.

I. A business organization operating a venue shall be subject to a civil fine of one
thousand dollars per occurrence to be paid to the Department of Justice for each violation of
the provisions of Subsection G of this Section. Each violation of Subsection G of this Section
shall constitute a separate offense. The attorney general shall have the authority to bring a
civil action arising out of any violation of the provisions of Subsection G of this Section, in
addition to any other authority granted by the Constitution of Louisiana and laws of this state.

J. The court shall assess all court costs, including attorney fees, incurred in the
institution of the action authorized by Subsection I of this Section against the subject of the
action for any violation of the provisions of Subsection G of this Section.

Acts 2014, No. 603, §1; Acts 2018, No. 507, §1; Acts 2021, No. 191, §1; Acts 2023,
No. 385, §1; Acts 2024, No. 30, §1; Acts 2024, No. 38, §2.

NOTE: See Acts 2021, No. 191, §2, relative to retroactive and prospective
application.

##### **§ 40:1379.1.5** Conflict provision {#sec-40-1379.1.5 omnilex-key=us-la-statutes--rs-title-40--40:1379.1.5}

Nothing in the provisions of R.S. 40:1379.1.3 and 1379.1.4 shall be construed to
supersede the provisions of R.S. 40:1797, and in case of any conflict, the provisions of R.S.
40:1797 shall control.

*Acts 2014, No. 603, §1.*

##### **§ 40:1379.1.6** Tactical medical professionals {#sec-40-1379.1.6 omnilex-key=us-la-statutes--rs-title-40--40:1379.1.6}

A. As used in this Section, "tactical medical professional" means a licensed
paramedic or physician as defined in R.S. 37:1262, who is employed or contracted by a law
enforcement agency to provide direct support to a tactical law enforcement unit by providing
medical services at high-risk incidents, including but not limited to hostage incidents,
narcotics raids, hazardous surveillance, sniper incidents, armed suicidal persons, barricaded
suspects, high-risk felony warrant services, fugitives refusing to surrender, and active shooter
incidents.

B. While actively operating in direct support of a tactical operation by a tactical law
enforcement unit, a tactical medical professional may carry a firearm in the same manner as
a law enforcement officer at any place a tactical law enforcement operation occurs if all of
the following conditions are met:

(1) The tactical medical professional is lawfully able to possess firearms and has an
active concealed weapons permit issued pursuant to R.S. 40:1379.3.

(2) The tactical medical professional is appointed to a tactical law enforcement unit
of a law enforcement agency by the head of the law enforcement agency.

(3) The law enforcement agency has an established policy providing for the
appointment, training, and deployment of the tactical medical professional.

(4) The tactical medical professional has successfully completed firearm safety
training and tactical training as established or designated by the appointing law enforcement
agency.

(5) The law enforcement agency provides, and the tactical medical professional
participates in, annual firearm training and tactical training.

C. While actively operating in direct support of a tactical operation by a tactical law
enforcement unit, a tactical medical professional:

(1) Has no duty to retreat and is justified in the use of any force which he reasonably
believes is necessary to defend himself or another from bodily harm.

(2) Has the same immunities and privileges as a law enforcement officer in any civil
or criminal action arising out of a tactical law enforcement unit operation when acting within
the scope of his official duties.

D. The provisions of this Section shall not be construed to authorize a tactical
medical professional to carry, transport, or store any firearm or ammunition on any fire
apparatus or EMS vehicle.

E. The appointing law enforcement agency shall issue any firearm or ammunition that
the tactical medical professional carries in accordance with this Section.

*Acts 2025, No. 336, §1.*

##### **§ 40:1379.2** Civil defense officers' commissions for local civil defense directors; powers and duties {#sec-40-1379.2 omnilex-key=us-la-statutes--rs-title-40--40:1379.2}

A. The deputy secretary for public safety services of the Department of Public Safety and Corrections shall issue a special officer's commission from the office of state police through the Military Department, State of Louisiana, to each director of a local organization for civil defense appointed under the provisions of R.S. 29:608 which shall be termed a civil defense officer's commission. Such civil defense officer's commission shall be valid only during emergency situations in which the assistance of the civil defense organization is necessary.

B. The civil defense officer shall have the same powers and duties as a peace officer except for the power to arrest or utilize a weapon in carrying out his duties; provided, however, that when not performing those tasks directly related to the civil defense officer's commission, he shall be regarded as a private citizen and his commission shall not be in effect.

C. The deputy secretary of the Department of Public Safety may promulgate and adopt regulations providing with respect to the issuance and use of a civil defense officer's commission which shall not be inconsistent with the duties of a civil defense director. Every civil defense officer's commission issued under the provisions of this Section shall expire whenever any person who has received such commission ceases to be the director of a local organization for civil defense appointed under the provisions of R.S. 29:608.

*Added by Acts 1978, No. 324, §1; Acts 1990, No. 2, §3, eff. July 1, 1990.*

##### **§ 40:1379.3** Statewide permits for concealed handguns; application procedures; definitions {#sec-40-1379.3 omnilex-key=us-la-statutes--rs-title-40--40:1379.3}

A.(1) Notwithstanding any other provision of law to the contrary, the deputy
secretary of public safety services of the Department of Public Safety and Corrections shall
issue a concealed handgun permit to any person who qualifies for a permit under the
provisions of this Section and may promulgate rules and adopt regulations regarding
concealed handgun permits in accordance with the Administrative Procedure Act. The
permit shall contain a permit number, expiration date, photograph, and the name, address,
and date of birth of the permittee.

(2) Any information in any application for a concealed handgun permit or any
information provided in connection with the application submitted to the deputy secretary
of public safety services of the Department of Public Safety and Corrections under the
provisions of this Section shall be held confidential and shall not be subject to any public
records request nor shall the information be considered as a public record pursuant to R.S.
44:1 et seq. The Department of Public Safety and Corrections shall not release any list of
persons who applied for or received a permit for a concealed handgun pursuant to this
Section. However, nothing contained herein shall limit or impede the free flow of
information between law enforcement agencies, prohibit the department from releasing
information necessary to perform the background investigation, or provide statistical
information which does not identify individual applicants or permittees.

(3)(a) Absent a valid court order requiring the release of information, or unless an
applicant or a recipient of a concealed handgun permit is charged with a felony offense
involving the use of a handgun, it shall be unlawful for any employee of the Department of
Public Safety and Corrections or any law enforcement officer to intentionally release or
disseminate for publication any information contained in an application for a concealed
handgun permit or any information regarding the identity of any person who applied for or
received a concealed handgun permit issued pursuant to this Section. A person who violates
the provisions of this Subparagraph shall be fined not more than five hundred dollars,
imprisoned for not more than six months, or both.

(b)(i) It shall be unlawful for any person other than an employee of the Department
of Public Safety and Corrections or a law enforcement officer to intentionally release,
disseminate, or make public in any manner any information contained in an application for
a concealed handgun permit or any information regarding the identity of any person who
applied for or received a concealed handgun permit issued pursuant to this Section. Any
person who violates the provisions of this Subparagraph shall be fined ten thousand dollars
and may be imprisoned for not more than six months.

(ii) The provisions of this Subparagraph shall not apply to the release of information
under any of the following circumstances:

(aa) A valid court order requires the release of the information.

(bb) The information released identifies a concealed handgun permit holder or
applicant who is charged with a felony offense involving the use of a handgun.

(cc) The information regarding a concealed handgun permit applicant or holder is
released pursuant to the express approval for the release of such information by that permit
applicant or holder.

(dd) The information regarding a concealed handgun permit holder or applicant has
been made public by that concealed handgun permit holder or applicant.

B.(1) A concealed handgun permit shall be issued only to a person who qualifies for
a permit under the provisions of this Section. A concealed handgun permit issued pursuant
to the provisions of this Section shall grant authority to a person to carry a concealed
handgun on his person.

(2)(a) A person who meets the qualifications of R.S. 14:95(M) shall not be required
to possess a valid concealed handgun permit issued by the state of Louisiana pursuant to the
provisions of this Section in order to carry a concealed handgun in the state of Louisiana.

(b) Any person carrying a concealed firearm pursuant to this Paragraph shall be
deemed to have certified that he meets all of the conditions required in R.S. 14:95(M).

C. To qualify for a concealed handgun permit, a person shall:

(1)(a) Make sworn application to the deputy secretary of public safety services of the
Department of Public Safety and Corrections. The providing of false or misleading
information on the application or any documents submitted with the application shall be
grounds for the denial or revocation of a concealed handgun permit. The application shall
reflect training in pistols, revolvers, or both. Any permittee under this Section shall notify
the department of any address or name change within thirty days of the change. Failure to
timely notify the department of a name or address change may result in suspension of the
permit for up to thirty days.

(b) In the case of an applicant who is not a United States citizen, the applicant shall
provide any alien or admission number issued by the United States Bureau of Immigration
and Customs Enforcement and any basis, if applicable, for an exception to the prohibitions
of 18 U.S.C. 922(g)(5)(B).

(2) Agree in writing to hold harmless and indemnify the department, the state, or any
peace officer for any and all liability arising out of the issuance or use of the concealed
handgun permit.

(3) Repealed by Acts 2025, No. 273, §2.

(4) Be twenty-one years of age or older.

(5) Not suffer from a mental or physical infirmity due to disease, illness, or
intellectual disability which prevents the safe handling of a handgun.

(6) Not be ineligible to possess a firearm by virtue of having been convicted of a
felony. A conviction for a felony offense which has been expunged prior to August 1, 2014,
pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title
XXXIV of the Code of Criminal Procedure shall not be considered a conviction for the
purposes of this Paragraph if ten years have elapsed since the completion of the person's
probation, parole, or suspended sentence. However, the provisions of this Paragraph shall
not apply to a conviction for a crime of violence as defined in R.S. 14:2(B) even if that
conviction has been expunged. A conviction for which a person has been pardoned by the
governor shall not be considered a conviction for purposes of this Paragraph, unless that
pardon expressly provides that the person may not ship, transport, possess, or receive
firearms.

(7) Not have been committed, either voluntarily or involuntarily, for the abuse of a
controlled dangerous substance, as defined by R.S. 40:961 and 964, or been found guilty of,
or entered a plea of guilty or nolo contendere to a misdemeanor under the laws of this state
or similar laws of any other state relating to a controlled dangerous substance within a five-year period immediately preceding the date on which the application is submitted, or be
presently charged under indictment or a bill of information for such an offense.

(8) Not chronically and habitually use alcoholic beverages to the extent that his
normal faculties are impaired. It shall be presumed that an applicant or permittee chronically
and habitually uses alcoholic beverages to the extent that his normal faculties are impaired
if the applicant has been admitted, either voluntarily or involuntarily, for treatment as an
alcoholic within the five-year period immediately preceding the date on which the
application is submitted, or at any time after the application has been submitted.

(9) Not have entered a plea of guilty or nolo contendere to or been found guilty of
a crime of violence as defined in R.S. 14:2 at the misdemeanor level, unless five years have
elapsed since completion of sentence or any other conditions set by the court have been
fulfilled, or unless the conviction was set aside and the prosecution dismissed, prior to the
date on which the application is submitted.

(10) Not have been convicted of, have entered a plea of guilty or nolo contendere to,
or not be charged under indictment or a bill of information for any crime of violence or any
crime punishable by imprisonment for a term of one year or greater. However, a person who
has been convicted of a violation of 18 U.S.C. 491(a) shall be permitted to qualify for a
concealed handgun permit if fifteen or more years has elapsed between the date of
application and the successful completion or service of any sentence, deferred adjudication,
or period of probation or parole. A conviction for a felony offense which has been expunged
prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1,
2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered
a conviction for the purposes of this Paragraph if ten years have elapsed since the completion
of the person's probation, parole, or suspended sentence. However, the provisions of this
Paragraph shall not apply to a conviction for a crime of violence as defined in R.S. 14:2(B)
even if that conviction has been expunged. A conviction for which a person has been
pardoned by the governor shall not be considered a conviction for purposes of this Paragraph,
unless that pardon expressly provides that the person may not ship, transport, possess, or
receive firearms.

(11) Not be a fugitive from justice.

(12) Not be an unlawful user of, or addicted to, marijuana, depressants, stimulants,
or narcotic drugs.

(13) Not have been adjudicated to be mentally deficient or been committed to a
mental institution, unless the person's right to possess a firearm has been restored pursuant
to R.S. 28:57.

(14) Not be an illegal alien in the United States.

(15) Not have been discharged from the Armed Forces of the United States with a
discharge characterized as "Under Other than Honorable Conditions", a "Bad Conduct
Discharge", or a "Dishonorable Discharge". In the case of Commissioned Officers and
Warrant Officers of the United States Armed Forces, the punishment of "Dismissal" rendered
subject to a verdict of "guilty" at a trial by military court-martial is deemed to be
disqualifying under this Paragraph. For the purposes of this Paragraph, the United States
Coast Guard is considered an armed force.

(16) Not have a history of engaging in violent behavior. There shall be a rebuttable
presumption that an applicant has a history of engaging in violent behavior upon proof that,
within a ten-year period immediately preceding the date of the application, the applicant has
been arrested or charged on three or more occasions for any crime of violence as defined in
R.S. 14:2(B), or has been arrested or charged on two or more occasions for any crime of
violence that may be punished by death.

(17) Not be ineligible to possess or receive a firearm under 18 U.S.C. 922(g) or (n).

(18) Not have had a permit denied within one year prior to the most recent
application.

(19) Not have had a permit revoked within four years prior to the most recent
application.

D.(1) In addition to the requirements of Subsection C of this Section, an applicant
shall demonstrate competence with a handgun by any one of the following:

(a) Completion of any National Rifle Association handguns safety or training course
conducted by a National Rifle Association certified instructor within the preceding twelve
months.

(b) Completion of any Department of Public Safety and Corrections approved
firearms safety or training course or class available to the general public offered by a law
enforcement agency, college, or private or public institution or organization or firearms
training school within the preceding twelve months.

(c) Completion of any law enforcement firearms safety or training course or class
approved by the Department of Public Safety and Corrections and offered for correctional
officers, investigators, special deputies, or any division or subdivision of law enforcement
or security enforcement within the preceding twelve months.

(d) Possession of a current valid license to carry a concealed weapon issued by a
parish law enforcement officer.

(e) Completion of any firearms training or safety course or class approved by the
Department of Public Safety and Corrections within the preceding twelve months.

(f) Completion of a law enforcement training academy program certified by the
Council on Peace Officer Standards and Training. However, any person retired from full-time service as a Louisiana peace officer need only demonstrate that he was properly certified
by the Council on Peace Officer Standards and Training at the time of retirement.

(g) Completion of small arms training within the preceding sixty months while
serving with the armed forces of the United States as evidenced by any of the following:

(i) For personnel released or retired from active duty, possession of an "Honorable
Discharge" or "General Discharge Under Honorable Conditions" as evidenced by a
Department of Defense Form 214 (DD-214).

(ii) For personnel on active duty or serving in one of the National Guard or reserve
components of the Armed Forces, possession of certification of completion of basic training
with service record evidence of having successfully completed small arms training and
qualification.

(h) The National Rifle Association's personal protection course.

(i) For personnel released or retired from active duty or the National Guard or reserve
components of the Armed Forces for more than sixty months, possession of proof indicating
combat service and an "Honorable Discharge" or "General Discharge Under Honorable
Conditions" as evidenced by a Department of Defense Form 214 (DD-214) and completion
of the following:

(i) A three-hour course of instruction on the use of deadly force and conflict
resolution which shall include a review of R.S. 14:18 through 22 and which may include a
review of any other laws relating to the use of deadly force within the preceding sixty
months.

(ii) A one-hour course of instruction on child access prevention within the preceding
sixty months.

(j) Completion of any United States Concealed Carry Association handgun safety or
training course conducted by a United States Concealed Carry Association certified instructor
within the preceding twelve months.

(2)(a) Instructors for any class, training, or course of instruction authorized by this
Subsection, except for small arms training in military service as provided in Subparagraph
(1)(g) of this Subsection, shall be certified by any of the following:

(i) The Council on Peace Officer Standards and Training as a firearms instructor.

(ii) The National Rifle Association as an instructor for Basic Pistol Shooting,
Personal Protection in the Home, Carrying a Concealed Weapon, or Personal Protection
Outside the Home.

(iii) The National Rifle Association Law Enforcement Division as an instructor for
courses involving the teaching of handguns.

(iv) The United States Concealed Carry Association as an instructor for Home
Defense and Concealed Carry Fundamentals or Defensive Shooting Fundamentals.

(v) The Federal Law Enforcement Training Center's Firearms Instructor Training
Program or other federal agency firearms instructor course consisting of at least forty hours
of instruction.

(vi) Other instructor certification programs approved by the Department of Public
Safety and Corrections.

(b) Any safety or training course or class as described in this Subsection, except for
basic handgun training in military service provided in Subparagraph (1)(g) of this
Subsection, shall include instruction in child access prevention, a demonstration by the
applicant of shooting proficiency, and safe handling of a handgun.

(3) Any live range fire training required to demonstrate competency as authorized
by the provisions of this Subsection may use live ammunition or fixed-case marking
projectiles capable of being fired from a handgun.

E.(1) A photocopy of a certificate of completion of any of the courses or classes, or
an affidavit from the instructor, school, club, organization, or group that conducted or taught
said course or class attesting to the completion of the course or class by the applicant, or a
copy of any document which shows completion of the course or class or confirms
participation in firearms competition or honorable discharge shall constitute evidence of
qualification pursuant to Subsection D of this Section.

(2) It shall be illegal to intentionally present false, fraudulent, altered, or counterfeit
documents to prove training in handguns in order to obtain a concealed handgun permit.
Whoever intentionally presents false, fraudulent, altered, or counterfeit documents to prove
training in handguns in order to obtain a concealed handgun permit shall be fined not more
than one thousand dollars or imprisoned for not more than six months, or both. In addition,
no person convicted of a violation of this Subsection shall be eligible to obtain a permit.

F.(1) The deputy secretary shall revoke the permit if at any time during the permit
period the permittee fails to satisfy any one of the qualification requirements provided for in
Subsection C of this Section.

(2) The deputy secretary shall revoke the permit for a violation of Subsection I of this
Section or R.S. 40:1382.

G. Neither the state, the deputy secretary of public safety services, nor any applicable
permitting process employee of the Department of Public Safety and Corrections shall be
liable for acts committed by the permittee, unless the deputy secretary or applicable
permitting process employee had actual knowledge at the time the permit was issued that the
permittee was disqualified by law from carrying a concealed handgun.

H.(1) The deputy secretary of public safety services of the Department of Public
Safety and Corrections shall, within two working days of the initial application, notify the
chief of police of the municipality and the chief law enforcement officer of the parish in
which the applicant is domiciled of such application. Those officers shall have ten days to
forward to the deputy secretary any information relating to the applicant's legal qualification
to receive a permit.

(2) The deputy secretary of public safety services of the Department of Public Safety
and Corrections shall issue timely and without delay the concealed handgun permit to all
qualified applicants, which permit shall be for a term of five years, at a cost of twenty-five
dollars per year, and which shall be valid in all parishes statewide. The division may
promulgate rules for the purpose of providing for permits and fees for fewer than five years
to the applicants requesting a shorter time period. Fees may be reduced proportionately for
terms of fewer than five years. The permit shall be retained by the permittee who shall
immediately produce it upon the request of any law enforcement officer.

(3) Anyone who violates the provisions of this Subsection shall be fined not more
than one hundred dollars.

I.(1) No individual to whom a concealed handgun permit is issued or a person
carrying a weapon pursuant to R.S. 14:95(M) may carry and conceal such handgun while
under the influence of alcohol or a controlled dangerous substance. While a permittee is
under the influence of alcohol or a controlled dangerous substance, an otherwise lawful
permit is considered automatically suspended and is not valid. A permittee or any person
carrying a concealed handgun shall be considered under the influence as evidenced by a
blood alcohol reading of.05 percent or greater by weight of alcohol in the blood, or when a
blood test or urine test shows any confirmed presence of a controlled dangerous substance
as defined in R.S. 40:961 and 964.

(2) A permittee armed with a handgun in accordance with this Section or a person
carrying a weapon pursuant to R.S. 14:95(M) shall notify any police officer who approaches
the individual in an official manner or with an identified official purpose that the individual
has a weapon on his person, submit to a pat down, and allow the officer to temporarily
disarm him. Whenever a law enforcement officer is made aware that an individual is carrying
a concealed handgun and the law enforcement officer has reasonable grounds to suspect that
the individual is under the influence of either alcohol or a controlled dangerous substance,
the law enforcement officer may take temporary possession of the handgun, reasonably
detain the individual, and request submission of the individual to a department-certified
chemical test for determination of the chemical status of the individual. Whenever a law
enforcement officer reasonably suspects or is made aware that an individual is behaving in
a criminally negligent manner as defined under the provisions of this Section, or is negligent
in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement
officer may frisk for and seize the handgun, until adjudication by a judge, if the individual
is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the
permittee to comply with the provisions of this Paragraph shall result in a six-month
automatic suspension of the permit. A person carrying a concealed handgun pursuant to R.S.
14:95(M) who fails to comply with the provisions of this Paragraph shall be subject to the
penalties provided in Subsection L of this Section.

(3) The permit to carry a concealed handgun shall be revoked by the deputy secretary
when the permittee is carrying and concealing a handgun under any of the following
circumstances:

(a) The blood alcohol reading of a permittee is .05 percent or greater by weight of
alcohol in the blood.

(b) A permittee's blood test or urine test shows the confirmed presence of a
controlled dangerous substance as defined in R.S. 40:961 and 964.

(c) A permittee refuses to submit to a department-certified chemical test when
requested to do so by a law enforcement officer pursuant to Paragraph (2) of this Subsection.

(d) An individual is found guilty of negligent carrying of a concealed handgun as
provided for in R.S. 40:1382.

(4) The person tested may have a physician or a qualified technician, chemist,
registered nurse, or other qualified person of his own choosing administer a chemical test or
tests in addition to any administered at the direction of a law enforcement officer, and he
shall be given the opportunity to telephone and request the qualified person to administer
such test.

(5) Whenever a peace officer determines that grounds under this Subsection exist for
the revocation of a concealed handgun permit, he shall prepare an affidavit, on a form
provided by the Department of Public Safety and Corrections, indicating the reasons for the
revocation and all other information regarding the revocation available to the officer. A copy
of the peace officer's report relating to the incident shall be attached to the affidavit when
submitted to the department.

(6) No permit shall be suspended or revoked solely upon the basis of an arrest for a
violation of R.S. 14:98.1.

J. For the purposes of this Section, the following terms shall have the meanings
ascribed herein:

(1) "Crime of violence" means a crime as defined in R.S. 14:2(B).

(2) "Criminal negligence" means there exists such disregard of the interest of others
that the license holder's conduct amounts to a gross deviation below the standard of care
expected to be maintained by a reasonably careful man under like circumstances.

(3) "Handgun" means a type of firearm commonly referred to as a pistol or revolver
originally designed to be fired by the use of a single hand and which is designed to fire or is
capable of firing fixed cartridge ammunition. The term "handgun" shall not include shotguns
or rifles that have been altered by having their stocks or barrels cut or shortened.

(4) "Resident" means a person who is legally domiciled in Louisiana. An individual
shall prove legal domicile by providing a copy of a valid Louisiana driver's license or an
official Louisiana identification card. Notwithstanding anything in this Section to the
contrary, a person who maintains a dwelling in this state but is residing elsewhere as a
member of the United States military or as a student is still considered to be a resident for
the purposes of this Section.

K. The department shall execute a thorough background investigation, including a
criminal history check, of every applicant for the purpose of verifying the qualifications of
the applicant pursuant to the requirements of this Section. For purposes of this Subsection,
a background check shall be defined as a computer check of available on-line state records,
and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation
for a national criminal history record check. In addition, the department shall submit an
inquiry on every applicant to the National Instant Criminal Background Check System of the
Federal Bureau of Investigation.

L.(1) Anyone who carries and conceals a handgun in violation of any provision of this
Section, unless authorized to do so by another provision of the law, shall be fined not more
than five hundred dollars, or imprisoned for not more than six months, or both.

(2) Anyone who carries a concealed handgun in violation of any provision of this
Section in the area within the boundaries of the French Quarter Management District as
established in R.S. 25:799 shall be fined not less than five hundred dollars nor more than one
thousand dollars, or be imprisoned for not more than six months, or both.

M. No concealed handgun may be carried into and no concealed handgun permit
shall be valid or entitle any permittee to carry a concealed handgun in any facility, building,
location, zone, or area in which firearms are banned by state or federal law.

N. No concealed handgun may be carried into and no concealed handgun permit
issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed
handgun in any of the following:

(1) A law enforcement office, station, or building.

(2) A detention facility, prison, or jail.

(3) A courthouse or courtroom, provided that a judge may carry such a weapon in
his own courtroom.

(4) A polling place.

(5) A municipal building or other public building or structure, only if the building
or structure is utilized as the meeting place of the governing authority of a political
subdivision.

(6) The state capitol building.

(7) Any portion of an airport facility where the carrying of firearms is prohibited
under federal law, except that no person shall be prohibited from carrying any legal firearm
into the terminal, if the firearm is encased for shipment, for the purpose of checking such
firearm as lawful baggage.

(8) Any church, synagogue, mosque, or other similar place of worship, eligible for
qualification as a tax-exempt organization under 26 U.S.C. 501, unless authorized by the
person who has authority over the administration of the church, synagogue, mosque, or other
similar place of worship.

(9)(a) A parade or demonstration for which a permit is issued by a governmental
entity when the permittee or person is an active participant in such parade or demonstration.

(b) The provisions of this Paragraph shall not apply to a bystander or spectator who
attends a parade or demonstration for which a permit is issued by a governmental entity.

(10) Any portion of the permitted area of an establishment that has been granted a
Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of
Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for
consumption on the premises.

(11) Any school, school campus, or school bus as defined in R.S. 14:95.6.

O.(1) The provisions of Subsection N of this Section shall not limit the right of a
property owner, lessee, or other lawful custodian to prohibit or restrict access of those
persons possessing a concealed handgun pursuant to a permit issued under this Section or a
person lawfully carrying a handgun pursuant to R.S. 14:95(M).

(2) No individual to whom a concealed handgun permit is issued or who is lawfully
carrying a handgun pursuant to R.S. 14:95(M) may carry a concealed handgun into the
private residence of another without first receiving the consent of that person.

P. Within three months of April 19, 1996, the Department of Public Safety and
Corrections shall promulgate rules and regulations in accordance with the Administrative
Procedure Act to provide an appeal process in the event that an applicant is denied issuance
of a permit. The department may also promulgate educational requirements for renewal of
concealed handgun permits.

Q. The provisions of this Section shall not apply to commissioned law enforcement
officers.

R.(1) Each permittee, within fifteen days of a misdemeanor or a felony arrest, other
than a minor traffic violation, in this state or any other state, shall notify the deputy secretary
of public safety services by certified mail. The deputy secretary may suspend, for up to
ninety days, the permit of any permittee who fails to meet the notification requirements of
this Section.

(2) The Department of Public Safety and Corrections shall submit a report by March
thirty-first of each year to the Senate Committee on Judiciary C and the House Committee
on the Administration of Criminal Justice relative to concealed handgun permits. The report
shall include information on the number of licenses issued, denied, revoked, or suspended
and the reasons for such denial, revocation, or suspension to be categorized by age, sex, race,
and zip code of the applicant or licensee. The report shall include data concerning any
known accidents or deaths involving permittees.

S. Notwithstanding any other provision of law to the contrary, the department may
develop, print, and distribute an informational newsletter relative to concealed handgun
permittees, safety training, and related matters.

T.(1) Possession of a current and valid concealed handgun permit issued pursuant
to this Section shall constitute sufficient evidence of the background check required pursuant
to 18 U.S.C. 922(t) provided that the appropriate waiver has been granted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives. A person whose permit has been suspended or
revoked by the department and who uses that permit to purchase a firearm from a licensed
dealer knowing that the permit has been suspended or revoked shall be fined not more than
five hundred dollars or imprisoned for not more than six months, or both.

(2) A current and valid concealed handgun permit issued by another state to an
individual having attained the age of twenty-one years shall be deemed to be valid for the
out-of-state permit holder to carry a concealed weapon within this state if a current and valid
concealed handgun permit issued by Louisiana is valid in those states.

(3) An out-of-state permit holder carrying a concealed handgun pursuant to this
Paragraph is bound by the laws of this state regarding carrying a concealed handgun pursuant
to a permit issued in accordance with this Section.

(4) A concealed handgun permit issued by another state is invalid in the state of
Louisiana for the purpose of authorizing a Louisiana resident to carry a concealed handgun
in the state of Louisiana.

(5) The deputy secretary for public safety services shall also have the authority to
enter into reciprocity agreements with other states so that full-time active peace officers
commissioned in another state shall have the same authority as a person issued a concealed
handgun permit pursuant to this Section to carry a concealed handgun while in this state,
regardless of whether or not they are in the official discharge of their duties, and full-time
active law enforcement officers commissioned in this state shall have the authority to carry
a concealed handgun in those states whether or not they are in the official discharge of their
duties. An out-of-state law enforcement officer carrying a concealed handgun pursuant to
this Paragraph is bound by the laws of this state regarding carrying a concealed handgun
pursuant to a permit issued in accordance with this Section.

U. Repealed by Acts 2020, No. 186, §2.

V.(1) Notwithstanding any other provision of law to the contrary, a person who
meets the provisions of this Section may be issued a lifetime concealed handgun permit. The
term for the lifetime concealed handgun permit shall be for the life of the permit holder.

(2) A person issued a lifetime concealed handgun permit shall be required to meet
the qualifications and competency requirements for the issuance of a concealed handgun
permit pursuant to the provisions of Subsections C and D of this Section.

(3) A person issued a lifetime concealed handgun permit shall have a continuing
obligation to comply with the provisions of this Section and any other rules or provisions of
law regarding the carrying of concealed handguns.

(4)(a) A lifetime concealed handgun permit holder shall provide the division with
proof of completion of educational training every five years. The educational training shall
include all of the following:

(i) Instruction on handgun nomenclature and safe handling procedures for a revolver
and a semiautomatic pistol.

(ii) Instruction on ammunition knowledge and fundamentals of pistol shooting.

(iii) Instruction on handgun shooting positions.

(iv) Instruction on the use of deadly force and conflict resolution which shall include
a review of R.S. 14:18 through 22 and which may include a review of any other laws relating
to use of deadly force.

(v) Instruction on child access prevention.

(vi) Actual live range fire and proper handgun cleaning procedures:

(aa) Live range fire shall include twelve rounds each at six feet, ten feet, and fifteen
feet for a total of thirty-six rounds.

(bb) Each applicant or permittee must perform at least one safe reload of the handgun
at each distance.

(cc) Each applicant or permittee must score one hundred percent hits within the
silhouette portion of a N.R.A. B-27 type silhouette target with at least thirty-six rounds.

(b) Failure to submit proof of completion of the educational training pursuant to the
provisions of this Paragraph shall result in the suspension of the lifetime concealed handgun
permit until such time as the lifetime concealed handgun permit holder submits proof of the
educational training required in the provisions of this Paragraph.

(5) The deputy secretary of the department shall revoke the lifetime concealed
handgun permit if the permittee fails to satisfy the qualifications and requirements of
Subsection C of this Section or violates the provisions of Subsection I of this Section.

(6) Repealed by Acts 2025, No. 273, §2.

(7) An applicant for a lifetime concealed handgun permit shall pay the yearly fee
provided for in Paragraph (H)(2) of this Section but shall prepay that fee for a total of twenty
years at the time the application is made. If the applicant is sixty-five years of age or older,
he shall pay the yearly fee provided for in Paragraph (H)(2) of this Section but shall prepay
that fee for a total of ten years at the time the application is made.

W.(1) Notwithstanding any provision of law to the contrary, an active duty member
or reserve member of the armed forces of the United States shall pay one half of the annual
fee provided for in Paragraph (H)(2) of this Section for a five-year permit, or if applying for
a lifetime concealed handgun permit, he shall prepay that fee for a total of ten years at the
time the application for the lifetime concealed handgun permit is made.

(2) A veteran of the armed forces of the United States shall be exempt from all fees
associated with the five-year permit or lifetime concealed carry permit.

(3) For the purposes of this Subsection, "veteran" shall mean any honorably
discharged veteran of the armed forces of the United States including reserve components
of the armed forces, the Army National Guard, the Air National Guard, the United States
Public Health Service Commissioned Corps, and any other category of persons designated
by the president in time of war or emergency.

*Added by Acts 1979, No. 322, §1; Acts 1985, No. 822, §1; Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996; Acts 1997, No. 841, §1; Acts 1997, No. 1081, §1; Acts 1997, No. 1082, §1; Acts 1999, No. 924, §2; Acts 1999, No. 1290, §1; Acts 2001, No. 574, §1; H.C.R. No. 127, 2001 R.S; Acts 2004, No. 470, §1; Acts 2008, No. 487, §1; Acts 2010, No. 341, §1; Acts 2010, No. 346, §1; Acts 2010, No. 354, §1; Acts 2010, No. 771, §1; Acts 2010, No. 925, §§1, 2; Acts 2010, No. 944, §1; Acts 2011, No. 242, §1; Acts 2013, No. 84, §1; Acts 2013, No. 401, §1; Acts 2013, No. 403, §1, eff. Jan. 1, 2014; Acts 2013, No. 404, §4, eff. Jan. 1, 2014; Acts 2014, No. 221, §1; Acts 2014, No. 614, §1, eff. July 4, 2014; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2016, No. 44, §1; Acts 2016, No. 212, §1; Acts 2018, No. 414, §1; Acts 2020, No. 186, §§1, 2; Acts 2020, No. 299, §1; Acts 2021, No. 463, §1; Acts 2022, No. 680, §2; Acts 2023, No. 295, §1; Acts 2024, 2nd Ex. Sess., No. 1, §1, eff. July 4, 2024; Acts 2024, No. 6, §4, eff. July 4, 2024; Acts 2024, No. 535, §2, eff. July 4, 2024; Acts 2025, No. 271, §1; Acts 2025, No. 273, §§1, 2.*

##### **§ 40:1379.3.1** Concealed Handgun Permit Dedicated Fund Account; assessment and disposition of fees {#sec-40-1379.3.1 omnilex-key=us-la-statutes--rs-title-40--40:1379.3.1}

A.(1) The Department of Public Safety and Corrections shall assess a fee not to
exceed one hundred dollars for a concealed handgun permit with a term of four years, to be
submitted with the application to cover the administrative costs of the investigation and other
services required to process and issue the permit. An additional fee of fifty dollars may be
assessed to cover costs associated with the background check of any individual who resided
outside of the state of Louisiana at any time during the fifteen years prior to submission of
the application.

(2) Whenever the applicant is sixty-five years of age or older, the fees assessed
pursuant to this Subsection shall be one-half of the amount otherwise assessed by the
department.

(3) No fee authorized under the provisions of this Section shall be assessed on or
collected from any law enforcement officer who is retired from full-time active law
enforcement service with at least twelve years service upon retirement, nor assessed on or
collected from any enforcement officer of the office of state parks, in the Department of
Culture, Recreation and Tourism who is retired from full-time active duty as an enforcement
officer provided the retired officer is annually qualified in the use of firearms by the Council
on Peace Officer Standards and Training and has on his or her person proof of such
qualification. This exception shall not apply to any officer who is medically retired based
upon any mental impairment.

B. Fees received by the Department of Public Safety and Corrections as authorized
in this Section and fines collected pursuant to R.S. 40:1379.3(L) shall be deposited
immediately upon receipt into the state treasury.

C. After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
monies being placed in the state general fund, an amount equal to that deposited as required
by Subsection B of this Section shall be credited to a special statutorily dedicated fund
account hereby created in the state treasury to be known as the "Concealed Handgun Permit
Dedicated Fund Account", hereafter referred to in this Section as the "account". The monies
in the account shall be used solely as provided for in Subsection D of this Section and only
in the amounts appropriated by the legislature. All unexpended and unencumbered monies
in the account at the end of the fiscal year shall remain in the account. The monies in the
account shall be invested by the state treasurer in the same manner as monies in the state
general fund and interest earned on the investment of these monies shall be credited to the
account after compliance with the requirement of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund. Monies
deposited into the account shall be categorized as fees and self-generated revenue for the sole
purpose of reporting related to the executive budget, supporting documents, and general
appropriation bills and shall be available for annual appropriation by the legislature.

D. The monies in the account shall be used solely for administration of the concealed
handgun permit process and for special law enforcement initiatives.

*Acts 1996, 1st Ex. Sess., No. 28, §1, eff. May 7, 1996; Acts 1999, No. 1082, §1; Acts 2006, No. 589, §2; Acts 2014, No. 524, §4; Acts 2021, No. 114, §10, eff. July 1, 2022.*

##### **§ 40:1379.3.2** Temporary concealed handgun permit; protective order; time limitations {#sec-40-1379.3.2 omnilex-key=us-la-statutes--rs-title-40--40:1379.3.2}

A. A person on whose behalf the court has issued a permanent injunction or a
protective order to bring about the cessation of abuse by one family member, household
member, or dating partner pursuant to a court-approved consent agreement or pursuant to the
provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code
Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal Procedure
Articles 30, 320, or 871.1 and which prohibits the subject of the order from possessing a
firearm for the duration of the injunction or protective order pursuant to the provisions of
R.S. 46:2136.3 may apply to the deputy secretary of public safety services of the Department
of Public Safety and Corrections for the issuance of a temporary concealed handgun permit.

B. When submitting an application for a temporary concealed handgun permit, the
applicant shall:

(1) Make sworn application in person or electronically to the deputy secretary of
public safety services of the Department of Public Safety and Corrections. The providing
of false or misleading information on the application or any documents submitted with the
application shall be grounds for the denial or revocation of a temporary concealed handgun
permit.

(2) Agree in writing to hold harmless and indemnify the department, the state, or any
peace officer for any and all liability arising out of the issuance or use of the temporary
concealed handgun permit.

(3) Meet the qualifications for the issuance of a concealed handgun permit as
provided for in R.S. 40:1379.3(C); however, an applicant for a temporary concealed handgun
permit shall not be required to comply with the provisions of R.S. 40:1379.3(D) upon
application.

(4) Pay the twenty-five dollar fee authorized in R.S. 40:1379.3(H)(2).

C.(1) The holder of a temporary concealed handgun permit shall not be subject to
the provisions of R.S. 40:1379.3(D) pending completion of the requisite training for a
concealed handgun permit issued pursuant to the provisions of R.S. 40:1379.3, but shall
otherwise comply with all other restrictions and provisions of R.S. 40:1379.3.

(2) If the applicant for a temporary concealed handgun permit applies for a concealed
handgun permit issued pursuant to the provisions of R.S. 40:1379.3, the twenty-five dollar
fee paid shall be applied to the cost of a concealed handgun permit as provided for in R.S.
40:1379.3(H)(2) issued once the temporary concealed handgun permittee completes the
requisite training pursuant to R.S. 40:1379.3(D).

D. The temporary concealed handgun permit:

(1) Is valid only in Louisiana and shall not be considered as satisfying the
requirements of reciprocity with any other state concealed firearm provisions.

(2) Shall not be construed to constitute evidence of a background check required
pursuant to 18 U.S.C. 922 prior to the transfer of a firearm as authorized by the provisions
of R.S. 40:1379.3(T).

(3) Shall expire forty-five days from the date of issuance.

E. The person issued a temporary concealed handgun permit as provided by the
provisions of this Section is authorized to carry a concealed handgun for a period of forty-five days from issuance or until the concealed handgun permit issued pursuant to the
provisions of R.S. 40:1379.3 is issued, whichever is less.

F. Failure to carry a copy of the permanent injunction or the protective order at all
times the person is carrying the concealed handgun shall render the temporary concealed
handgun permit invalid.

G. The department shall conduct a background check as provided for in R.S.
40:1379.3(K) prior to the issuance of a temporary concealed handgun permit.

H. The office of state police shall promulgate rules to implement the provisions of
this Section.

*Acts 2016, No. 465, §1.*

##### **§ 40:1379.3.3** Louisiana Firearm Safety Awareness Act {#sec-40-1379.3.3 omnilex-key=us-la-statutes--rs-title-40--40:1379.3.3}

A. This Section shall be known and may be cited as the "Louisiana Firearm Safety
Awareness Act".

B. The Department of Public Safety and Corrections, office of state police, shall
provide a two-hour-and-fifteen-minute online handgun education course at no cost to
Louisiana residents.

C. The purpose of this online education course is to educate the public on firearm
safety and use. The course is optional and shall not be a requirement for obtaining a
concealed handgun permit under R.S. 40:1379.3. Completion of this course shall not grant
any person the right to carry a concealed handgun unless otherwise provided by law.

D. The online handgun education course shall include instruction on all of the
following topics:

(1) Handgun basics and nomenclature, including handling procedures for a revolver
and a semiautomatic pistol.

(2) Firearm-free zones.

(3) Use of deadly force.

(4) Interactions with law enforcement officers.

(5) Conflict resolution.

(6) Accident prevention, including safe storage of firearms.

(7) Unauthorized access prevention.

(8) Safe handling of a handgun.

(9) Suicide prevention with an emphasis on the impact of firearm-related suicides
involving veterans and current service members of the United States Armed Forces.

E. State police shall maintain an online database of all licensed handgun and firearm
instructors to allow the public to search for classes.

F.(1) The content, structure, accessibility, and all other related matters of the online
handgun education course shall be developed and promulgated by the Department of Public
Safety and Corrections, office of state police, in accordance with the rules and regulations
of the Administrative Procedure Act.

(2) In accordance with Paragraph (1) of this Subsection, the Department of Public
Safety and Corrections, office of state police, shall divide the topics provided in Subsection
D of this Section into nine video segments that shall broadcast for no less than fifteen
minutes per segment.

*Acts 2022, No. 518, §1; Acts 2023, No. 295, §1.*

##### **§ 40:1379.3.4** Louisiana permitless carry {#sec-40-1379.3.4 omnilex-key=us-la-statutes--rs-title-40--40:1379.3.4}

A. The Department of Public Safety and Corrections, office of state police, shall
provide a two-hour online concealed handgun education course at no cost to Louisiana
residents.

B. The purpose of this online education course is to educate the public on firearm
safety and use. The course is optional and shall not be a requirement for obtaining a
concealed handgun permit under R.S. 40:1379.3. Completion of this course shall not grant
any person the right to carry a concealed handgun unless otherwise provided by law.

C. The concealed handgun education course shall include instruction on the
following topics:

(1) Concealed handgun basics and nomenclature.

(2) Firearm-free zones.

(3) Use of deadly force.

(4) Interactions with law enforcement officers.

(5) Conflict resolution.

(6) Accident prevention.

(7) Unauthorized access prevention.

(8) Safe handling of a handgun.

D. State police shall maintain an online database of all licensed handgun and firearm
instructors to allow the public to search for classes.

E. State police shall post prominently on its website all conditions required to be met
to authorize the carrying of a concealed handgun without a valid concealed handgun permit
pursuant to R.S. 14:95(M) and R.S. 40:1379.3(B)(2).

F.(1) The content, structure, accessibility, and all other related matters of the online
handgun education shall be developed and promulgated by the Department of Public Safety
and Corrections, office of state police, in accordance with the rules and regulations of the
Administrative Procedure Act.

(2) In accordance with Paragraph (1) of this Subsection, the Department of Public
Safety and Corrections, office of state police, shall divide the topics provided in Subsection
C of this Section into eight video segments that shall broadcast for no less than fifteen
minutes per segment.

*Acts 2022, No. 680, §2.*

##### **§ 40:1379.4** Reserve officer's commission; powers and duties {#sec-40-1379.4 omnilex-key=us-la-statutes--rs-title-40--40:1379.4}

A. It is expressly recognized that there is a need to use the training, experience, and skills of retired state police officers to aid in the enforcement of the laws and protection of the people of the state of Louisiana. For this reason, the following provisions are hereby set forth.

B. The deputy secretary of the Department of Public Safety shall be authorized to issue at his discretion a reserve officer's commission to peace officers who have retired from the division of state police. Any person who receives a reserve officer's commission must be bonded and adhere to all restrictive stipulations as set forth in the reserve officer's commission.

C. The reserve officer, when performing those tasks requiring a reserve officer's commission, shall have the same powers and duties as a peace officer in the division of state police.

D. The deputy secretary of the Department of Public Safety shall determine who is entitled to receive a commission and may promulgate and adopt regulations providing with respect thereto.

E. The deputy secretary of the Department of Public Safety shall have the authority to revoke any reserve officer's commission, and is further empowered to require those holding a reserve officer's commission to furnish proof of their being bonded and such other information as may be deemed necessary for determining suitability for holding a reserve officer's commission.

F. Reserve officers' commissions shall only be valid for a period of one year from the date of their issuance.

G. No provision of this Section or of any regulation of the deputy secretary of the Department of Public Safety shall be construed to require persons holding bona fide law enforcement officer commissions to possess a handgun permit.

*Added by Acts 1981, No. 532, §1.*

##### **§ 40:1379.5** State capitol complex; provision of police protection; maintenance of peace and order {#sec-40-1379.5 omnilex-key=us-la-statutes--rs-title-40--40:1379.5}

A.(1) The deputy secretary for public safety services of the Department of Public
Safety and Corrections shall provide that public safety services police officers regularly
patrol all areas within the state capitol complex to maintain peace and order and to prevent
and detect crime.

(2) Within the areas in the state capitol complex that are occupied and utilized by the
members, officers, and staff of the legislative branch of state government, all public safety
services police officers shall coordinate with and be subject to the direction of the director
of capitol security in accordance with Chapter 12 of Title 24 of the Louisiana Revised
Statutes of 1950.

B. Nothing in this Section shall be construed or interpreted in any manner as to affect
the rights, powers, and duties of any sheriff, constable, police officer, or other law
enforcement officer with jurisdiction over any area within the state capitol complex.

C. For the purposes of this Section, the term "state capitol complex" shall mean that
area in the city of Baton Rouge, containing the state capitol building and bounded on the
south by Main Street, on the west by the Mississippi River, on the north by Choctaw Drive,
and on the east by the Kansas City Southern Railway tracks.

*Acts 2004, No. 569, §1; Acts 2022, No. 507, §2, eff. June 16, 2022.*

##### **§ 40:1379.6** Aviation unit; powers and duties {#sec-40-1379.6 omnilex-key=us-la-statutes--rs-title-40--40:1379.6}

A. There is hereby created an aviation unit in the office of state police. The unit created herein shall have authority of ownership, control, maintenance, and operation of all state-owned aircraft, including helicopters and fixed-wing aircraft, used by the office of state police. The deputy secretary for public safety services is authorized to appoint as many police and civilian employees to the unit as may be permitted by legislative appropriation.

B. The police employees of the unit shall have the same duties and powers as are provided for other police employees of the office in R.S. 40:1379 and such other duties and rank as are assigned by the deputy secretary.

*Acts 1985, No. 507, §1.*

##### **§ 40:1379.7** Public Safety DWI Testing, Maintenance, and Training Dedicated Fund Account; uses {#sec-40-1379.7 omnilex-key=us-la-statutes--rs-title-40--40:1379.7}

A. When the office of state police has performed or participated in a blood, breath,
or urine analysis for which special costs are assessed in accordance with Code of Criminal
Procedure Article 887(C) such costs shall be forwarded, on or before the twenty-fifth day of
each month following their collection, to the state treasurer for immediate deposit in the state
treasury.

B. After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
monies being placed in the state general fund, the treasurer shall credit an amount equal to
the total amount of such costs received to a special statutorily dedicated fund account which
is hereby created in the state treasury and designated as the Public Safety DWI Testing,
Maintenance, and Training Dedicated Fund Account. The monies in the account shall be
used solely to fund activities of the office of state police in executing its responsibilities in
the purchase and maintenance of equipment and supplies for use in breath, blood, or urine
analysis as related to violations of R.S. 14:98 or 98.1; training in the maintenance and usage
of testing equipment; other such related expenses as may be necessary in the efficient and
effective administration of those duties; and for special law enforcement initiatives. The
monies in the account shall be used only in the amounts appropriated by the legislature. All
unexpended and unencumbered monies in the account at the end of the fiscal year shall
remain in the account. The monies in the account shall be invested by the treasurer in the
same manner as monies in the state general fund. All interest earned on monies in the
account invested by the treasurer shall be credited to the account. Monies deposited into the
account shall be categorized as fees and self-generated revenue for the sole purpose of
reporting related to the executive budget, supporting documents, and general appropriation
bills and shall be available for annual appropriation by the legislature.

*Acts 1987, No. 331, §2; Acts 1990, No. 320, §2; Acts 1997, No. 1296, §4, eff. July 15, 1997; Acts 2014, No. 524, §4, Acts 2021, No. 114, §10, eff. July 1, 2022.*

##### **§ 40:1379.8** Weights and Standards Mobile Police Force {#sec-40-1379.8 omnilex-key=us-la-statutes--rs-title-40--40:1379.8}

A. The Weights and Standards Mobile Police Force is hereby created within the
Department of Public Safety and Corrections, public safety services.

B. Members of the Weights and Standards Mobile Police Force of the Department
of Public Safety and Corrections who receive P.O.S.T. certification training, are considered
peace officers and shall have the authority to enforce the criminal and traffic laws of the
state, apprehend criminals and make arrests, and perform other related duties imposed upon
them by the legislature. As peace officers, they shall also have, in any part of the state, the
same powers with respect to criminal matters and the enforcement of the law relating thereto
as sheriffs, constables, and police officers have in their respective jurisdictions. No member
of the Weights and Standards Mobile Police Force shall be authorized to carry a weapon until
the member has received P.O.S.T. certification training.

*Acts 1997, No. 1186, §3; Acts 1999, No. 842, §1; Acts 2010, No. 320, §3, eff. July 1, 2010; Acts 2021, No. 384, §§3, 5, eff. July 1, 2022.*

##### **§ 40:1380** Fish and game, conservation; enforcement of laws relating to {#sec-40-1380 omnilex-key=us-la-statutes--rs-title-40--40:1380}

The members of the division shall co-operate with game wardens and shall enforce the fish and game laws of the state and the laws enacted for the protection and conservation of forests, woods, and other natural resources.

##### **§ 40:1381** Concealed weapons; employees; highway patrol {#sec-40-1381 omnilex-key=us-la-statutes--rs-title-40--40:1381}

A. All employees, officers, or agents of the division of state police may carry arms and weapons, concealed or openly, while in the actual performance of any duty or while under assignment to any duty under this Subpart.

B. The police employees of the division shall be the highway patrol of the state and as such shall perform only real police duties as provided by R.S. 40:1379.

*Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996.*

##### **§ 40:1382** Negligent carrying of a concealed handgun {#sec-40-1382 omnilex-key=us-la-statutes--rs-title-40--40:1382}

A. Negligent carrying of a concealed handgun is the intentional or criminally
negligent carrying by any person, whether or not authorized or licensed to carry or
possess a concealed handgun, under the following circumstances:

(1) When it is foreseeable that the handgun may discharge, or when a law
enforcement officer or others are placed in reasonable apprehension or the law
enforcement officer has a reasonable suspicion that the handgun may discharge.

(2) When the handgun is being carried, brandished, or displayed under
circumstances that create a reasonable apprehension on the part of members of the
public or a law enforcement official that a crime is being committed or is about to be
committed.

B. It shall be within the discretion of the law enforcement officer to issue a
summons to a person accused of committing this offense in lieu of making a physical
arrest. The seizure of the handgun pending resolution of the offense shall only be
discretionary in the instance where the law enforcement officer issues a summons to
the person accused. If the law enforcement officer makes a physical arrest of the
person accused, the handgun and the person's license to carry such handgun shall be
seized.

C.(1) Whoever commits the offense of negligent carrying of a concealed
handgun shall be fined not more than five hundred dollars, or imprisoned for not
more than six months, or both.

(2) Whoever commits the offense of negligent carrying of a concealed
handgun in the area within the boundaries of the French Quarter Management
District as established in R.S. 25:799 shall be fined not less than five hundred dollars
nor more than one thousand dollars, or imprisoned for not more than six months, or
both.

(3) In addition to the penalties provided in Paragraphs (1) and (2) of this
Subsection, the court may order the forfeiture of the handgun and may suspend or
revoke any permit or license authorizing the concealed carrying of the handgun.

D. Notwithstanding the provisions of R.S. 40:1798, a handgun forfeited under
Paragraph (C)(3) of this Section shall be returned to the defendant if the defendant
satisfies all of the following:

(1) The instant conviction is the defendant's first offense for a violation of this
Section.

(2) The defendant is not otherwise prohibited by state or federal law from
possessing a firearm.

(3) The defendant successfully completes the eight-hour National Rifle
Association Basics Pistol Shooting course taught in person by a National Rifle
Association certified instructor within one year of conviction.

*Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996; Acts 2024, No. 535, §2, eff. July 4, 2024; Acts 2024, No. 535, §2, eff. July 4, 2024.*

##### **§ 40:1383** Incarceration of persons arrested; penalty for failure to comply {#sec-40-1383 omnilex-key=us-la-statutes--rs-title-40--40:1383}

Any police employee of the division, in executing any warrant of arrest issued by any magistrate of the state or in making any other arrest, shall, immediately after the arrest, place the person arrested in the parish jail of the parish in which the arrest was made.

Whoever wilfully violates this Section shall be fined not more than twenty-five dollars or imprisoned for not more than thirty days, or both.

##### **§ 40:1384** Prisoners; place of detention; how released; penalty {#sec-40-1384 omnilex-key=us-la-statutes--rs-title-40--40:1384}

Any person having charge of a jail or other place of detention shall, provided sufficient facilities are available, receive any prisoner arrested by a police employee of the division and shall detain him in custody until otherwise ordered by a court, by the department, or by the police employee from whom the prisoner was received.

Whoever violates this Section shall be fined not more than twenty-five dollars or imprisoned for not more than thirty days, or both.

##### **§ 40:1385** Fingerprints and other identification data {#sec-40-1385 omnilex-key=us-la-statutes--rs-title-40--40:1385}

The employees of the division shall take fingerprints and such other identification data as is prescribed by the department of all persons taken into custody by them for offenses other than those arising solely out of violations of fish, game, conservation, or traffic laws.

##### **§ 40:1386** Industrial disputes {#sec-40-1386 omnilex-key=us-la-statutes--rs-title-40--40:1386}

The police employees of the division shall not be used or called upon for service within any municipality in any industrial dispute unless actual violence has occurred therein or the threat of violence exists and then only by order of the superintendent of state police. It shall be the duty of the superintendent of state police to notify the chief executive officer of the municipality wherein the dispute has occurred or, if unavailable, the highest ranking municipal law enforcement official available, of the issuance of the order prior to the execution thereof. The provisions of this Section do not apply in the case of a municipality which has elected to operate under a contract pursuant to R.S. 40:1388.

*Amended by Acts 1976, No. 635, §1.*

##### **§ 40:1387** Control of officers; municipalities {#sec-40-1387 omnilex-key=us-la-statutes--rs-title-40--40:1387}

When a situation develops in a municipality which, in the judgment of the chief law enforcement official of such municipality, constitutes an emergency, then the said chief law enforcement officer of the municipality shall have the sole authority, command and control of all peace officers or police officers within the municipality during the said emergency; provided that the governor may supercede the chief law enforcement officer at any time during such emergency as he deems appropriate.

*Amended by Acts 1958, No. 120, §1; Acts 1972, No. 386, §1; Acts 1974, No. 256, §1, eff. Jan. 1, 1975.*

##### **§ 40:1388** Contracts with municipalities for police protection {#sec-40-1388 omnilex-key=us-la-statutes--rs-title-40--40:1388}

The mayor or chief police officer of any municipality and the sheriff of any parish within this state may contract with the department, acting on behalf of the state, for the regular assignment of an agreed number of employees of the division of state police to the municipality or parish, as the case may be, so as to provide police protection therein and to enforce both state laws and local ordinances, in consideration of the payment by the municipality, parish, or other unit of government of a sum agreed upon by them and the department. The department may enter into such a contract or contracts or may refuse to do so for the good of the service.

Any police employee of the division so assigned shall continue to have all the powers and duties granted and bestowed in this Sub-part but he shall not be subject to the restrictions contained in R.S. 40:1386 and 40:1387 with reference to the municipality to which he has been assigned.

The department may, at all times, withdraw any employee of the division so assigned and assign another employee in his place.

##### **§ 40:1389** Police protection for certain companies {#sec-40-1389 omnilex-key=us-la-statutes--rs-title-40--40:1389}

Upon the application of the collector of revenue or any railroad company, shipping transportation company, or armored car company transporting money or other valuables within this state for the appointment of police officers, the department may appoint persons whom it thinks qualified and competent for purposes of protection. The department may also appoint any other officers, agents, and employees necessary for the rendition of efficient service. Every person so appointed shall have the rank and title of special agent and shall be governed by this Sub-part when so designated by the department.

The department may revoke the commission and authority of any person appointed under this Section.

##### **§ 40:1390** Resisting arrest and interference with officers; penalty {#sec-40-1390 omnilex-key=us-la-statutes--rs-title-40--40:1390}

Any person who resists arrest by any officer or agent of the division or who interferes with or obstructs the head of the division or any officer or agent thereof in the lawful performance of any duty imposed on him by this Sub-part or any duty assigned to him under authority of this Sub-part shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than thirty days nor more than six months, or both.

##### **§ 40:1391** Exchange of information; interstate compacts for police protection {#sec-40-1391 omnilex-key=us-la-statutes--rs-title-40--40:1391}

The employees of the division shall cooperate and exchange information with any department or authority of the state or with other police forces, both within this state and outside it and with federal police forces, toward the end of achieving greater success in preventing and detecting crimes and apprehending criminals.

The department of public safety may, on request of any chief police officer of any local government unit in the state, assist such officer in the investigation of the circumstances of any crime and in the identification, apprehension, and conviction of the perpetrators thereof. For this purpose it may detail such employees of the division of state police for such length of time as it sees fit.

The department may, when so authorized by the governor, negotiate with appropriate officials of other states in the preparation of interstate compacts for police protection as authorized by the Act of June 6, 1934 (48 Stat. 909, c. 406; U.S. Code, Title 18, section 420),* or other Acts of Congress. Such compacts as are negotiated shall be submitted to the governor and legislature for approval.

*Now 4 U.S.C.A. §112.

##### **§ 40:1392** Free and unhampered passage on bridges and ferries {#sec-40-1392 omnilex-key=us-la-statutes--rs-title-40--40:1392}

A. State police, in uniform or in civilian clothes, with state police equipment, have free and unhampered passage, at all times, on and over toll-bridges and ferries in this state.

B. All law enforcement personnel, with law enforcement agency equipment, who are employed within this state shall have unhampered passage at all times on and over toll-bridges and ferries in this state, regardless of whether the personnel are in uniform or in civilian clothes. Procedures currently in effect for Louisiana state police to sign a register when granted an exemption from tolls, shall also apply to all other law enforcement personnel in the state.

C.(1) Notwithstanding the provisions of Subsections A and B of this Section, the right of free passage on and over the Crescent City Connection Bridge at New Orleans for state police and law enforcement personnel shall be exercised only by means of automatic vehicular identification toll tags.

(2)(a) Upon the written request of the superintendent of state police or the head of a law enforcement agency and payment of the deposit required by Subparagraph (b) of this Paragraph, the Crescent City Connection Division of the Department of Transportation and Development shall issue the number of automatic vehicular identification toll tags requested for use in connection with the exemption granted by this Section.

(b) Each state policeman and law enforcement personnel shall be charged a deposit of twenty-five dollars for the issuance of his tag. The deposit shall be refunded to such state policeman and law enforcement personnel upon the return of the tag to the division.

(3) The use of the automatic vehicular identification toll tags provided shall be limited to bridge crossings made by state police with state police equipment and by designated law enforcement personnel with law enforcement agency equipment. The appropriate law enforcement agency shall be responsible for any crossing made using the automatic vehicular identification toll tag outside the scope of the exemption granted by this Section.

D. The Department of Transportation and Development shall adopt rules and regulations in accordance with the Administrative Procedure Act for the administration of the provisions of this Section on those toll bridges and ferries under their jurisdiction.

*Acts 1991, No. 867, §1; Acts 2001, No. 1021, §2, eff. June 27, 2001.*

##### **§ 40:1393** Fees and rewards not to be accepted by employees {#sec-40-1393 omnilex-key=us-la-statutes--rs-title-40--40:1393}

No employee of the division shall accept any fee for the performance of an act in line of duty or any reward offered for the apprehension or conviction of any person or for the recovery of any property. Any fee or reward to which the employee would be entitled except for the foregoing provision shall be paid into the state treasury and credited to the State Police Retirement Fund.

##### **§ 40:1394** Salary scale; vouchers in payment of expenses; allowances {#sec-40-1394 omnilex-key=us-la-statutes--rs-title-40--40:1394}

The salary scale of the enumerated troopers and officers of the Division of State Police, whether under civil service or otherwise, shall be as follows:

Trooper, minimum salary $565.00 per month;

Sergeant, minimum salary $675.00 per month;

Lieutenant, minimum salary $760.00 per month;

Captain, minimum salary $850.00 per month;

Major, minimum salary $965 per month;

Lt. Colonel, minimum salary $1,120 per month.

All troopers shall maintain grade for a minimum period of three years. All sergeants shall maintain grade for a minimum period of two years. All lieutenants shall maintain grade for a minimum period of two years. At the end of the respective periods in grade, they shall be paid at the maximum rate prescribed for the respective grades and be eligible for promotion to the next higher grade as vacancies occur.

The department may approve vouchers in payment of expenses incurred by employees of the division in the discharge of their duties.

Allowance for lodging and subsistence may be paid to the employees of the division under such terms and conditions as the department prescribes. The department may provide lodging and subsistence for employees of the division at their official stations.

*Amended by Acts 1952, No. 299, §1; Acts 1970, No. 33, §1.*

##### **§ 40:1394.1** Annual salary schedule {#sec-40-1394.1 omnilex-key=us-la-statutes--rs-title-40--40:1394.1}

The deputy secretary of public safety services of the Department of Public Safety and Corrections, office of state police, shall prepare and submit a report of salary schedules for troopers and officers of the state police service, whether classified or unclassified, to the governor, the commissioner of administration, and the speaker of the House of Representatives and the president of the Senate for distribution by them to the members of each house of the legislature not later than the fifteenth day of November prior to the regular session held pursuant to Article III, Section 2(A)(4) of the Constitution of Louisiana. The report shall include a comparison of the salaries of troopers and officers of the division of state police, with the salaries of local law enforcement officers in the state in addition to other matters deemed pertinent by the superintendent. The report may contain such other information as deemed appropriate by the deputy secretary.

*Acts 2005, No. 207, §1; Acts 2008, No. 60, §1.*

##### **§ 40:1395** Counsel for employees and division in certain litigations {#sec-40-1395 omnilex-key=us-la-statutes--rs-title-40--40:1395}

The attorney general may defend any criminal or civil action in which any employee of the division is a party by reason of acts performed in the course of duty, which, in his opinion, requires his services to protect the interests of the state. The department may, with the approval of the governor, appoint an attorney for the division.

##### **§ 40:1395.1** Repealed by Acts 1999, No. 1119, §1. {#sec-40-1395.1 omnilex-key=us-la-statutes--rs-title-40--40:1395.1}

*Repealed by Acts 1999, No. 1119, §1.*

##### **§ 40:1396** Length of service of Division of State Police employees computed {#sec-40-1396 omnilex-key=us-la-statutes--rs-title-40--40:1396}

Members of the Division of State Police shall be credited with service credit in the following manner:

Any state police employee who was transferred or assigned by the superintendent of the division of state police to perform police duty at any war plant or at the establishment of any employer who, in the opinion of the superintendent of state police, contributed to the war effort during World War II, shall have credited to his service record in the department all of the actual time served by him at such plant or establishment.

*Added by Acts 1960, No. 128, §1.*

##### **§ 40:1397** Police employees, persons ineligible {#sec-40-1397 omnilex-key=us-la-statutes--rs-title-40--40:1397}

No individual shall be eligible to become a state police officer who is a member of an organization which advocates the violation of the laws of the United States of America and/or the State of Louisiana.

*Added by Acts 1968, No. 297, §1.*

##### **§ 40:1398** Reimbursement for use, damage or destruction of property by state police {#sec-40-1398 omnilex-key=us-la-statutes--rs-title-40--40:1398}

The Department of Public Safety may reimburse the owner of property for the use, damage or destruction of property by the Division of State Police without the necessity of suit. The amount of such reimbursement shall be determined by an appraisal of the damages sustained as estimated by three appraisers engaged in the business of repairing or supplying the type of item seized. Compensation shall also be paid for the actual pecuniary loss suffered because of such use, damage or destruction. Reimbursement to the Department of Public Safety shall be obtained by supplemental appropriation by the legislature in the session following the department's payment of damages. The director of the Department of Public Safety shall establish rules and regulations to effectuate the purposes of this section. If the owner of property elects to accept the payment authorized by this section, such payment shall be in lieu of other actions for damages against the state.

*Added by Acts 1974, No. 263, §1.*

##### **§ 40:1399** Police protection for the governor or other authorized persons {#sec-40-1399 omnilex-key=us-la-statutes--rs-title-40--40:1399}

A. The office of state police shall provide and maintain the security for the governor, the governor's immediate family, other persons authorized by the governor, and the governor's office and mansion, and the grounds thereof.

B. The office of state police may employ personnel necessary to carry out this responsibility, including uniformed and nonuniformed commissioned state police officers, pursuant to R.S. 40:1375, who shall have authority to bear arms and make arrests, with or without warrant, for violations of any of the criminal laws of the state, under the same terms and conditions as investigative personnel of the office, and who shall be considered peace officers for all purposes.

C. The deputy secretary for public safety services, in accordance with R.S. 36:405(A)(2), shall assign commissioned state police officers for the performance of the duties prescribed in this Section. Upon request of the governor, the deputy secretary shall reassign a commissioned state police officer from continued performance of such duties.

D. Per diem and subsistence allowance for security personnel traveling with the governor or his family away from Baton Rouge shall be computed by payment of a sum not exceeding the amounts permitted for meals, plus actual expenses for lodging, to be substantiated by paid bills therefor.

E. The office of state police may provide security or transportation to visiting governors and their families upon request by the governor.

F. The office of state police may coordinate transportation and protective services provided herein with other law enforcement agencies and may request the assistance of other law enforcement agencies to carry out the duties required herein. The other law enforcement agencies of the state may provide such assistance as may be requested by the office of state police under this Section.

G. The office of state police shall coordinate all protective services with the United States Department of State and the United States Secret Service when requested to do so by such agencies or by the governor.

*Acts 1988, No. 681, §1.*

##### **§ 40:1400** Accessible parking enforcement {#sec-40-1400 omnilex-key=us-la-statutes--rs-title-40--40:1400}

A. There is hereby established within the office of state police of the Department of Public Safety and Corrections an accessible parking enforcement program. The purpose of the program shall be training and utilizing volunteers in the enforcement of accessible parking restrictions, particularly those established pursuant to R.S. 40:1742. The office shall operate the program in the manner and subject to the limitations and provisions of this Section.

B. The program shall become operative if and when funds are transferred to the office of state police from the office of disability affairs for such purpose.

C. The program shall incorporate a training program, to be offered at each troop headquarters, incorporating matters relevant to volunteers recognizing and collecting evidence on violations of accessible parking restrictions. Such training shall include training in legal matters with respect to violations of accessible parking restrictions and personal safety matters. Volunteers shall be trained to identify violators and to collect information necessary to provide evidence of violation, including vehicle identification information, all legal matters relevant to identifying a properly marked restricted parking area and a violation thereof, the collection of photographic information which would be sufficient to establish a presumption of a violation, and matters of personal safety and ethics. The training course may be offered as often as the police troop deems necessary to serve potential volunteers who have requested enrollment in the course.

D. Upon completion of such training, an individual volunteer who identifies an apparent violation of accessible parking restrictions may collect information on such violation, including vehicle identification information and photographs of the violation and may then submit such information to the appropriate office at the respective state police troop headquarters in accordance with procedures established for the program by the office of state police.

E. Upon identification of the owner of the vehicle, the state police shall send by registered mail, return receipt requested, to the owner a citation for the parking violation. Such citation shall include information on the submission of fines and how the individual may contest the citation. Each troop of the state police may train and utilize volunteers in any aspect of the program which it deems appropriate and for which volunteers offer their services, including clerical responsibilities associated with the processing of information relative to violations of accessible parking restrictions and in the dissemination of citations.

F. The office of state police shall establish and promulgate rules and regulations necessary for the operation of the program in accordance with the Administrative Procedure Act. Such rules may include the establishment of a minimum number of participants who must enroll in the training course before such course is offered, criteria for successful completion of the course, certification of successful completion, procedures for identification of persons who have completed the course and who are thereby authorized to submit information relative to violations of accessible parking restrictions, procedures for the submission and processing of such information, and any other matter which the office deems necessary or convenient for successful operation of the program.

G. The office of state police may utilize funds to promote the program for the purpose of soliciting volunteers, for salaries of police personnel involved in the program, materials, and supplies necessary for operation of the program, and any other purpose authorized by the office of disability affairs.

H. Neither the office of state police nor any troop or office thereof shall be liable for any injury to any volunteer participating in the program. The office of state police may provide for a waiver to such effect to be signed by volunteers in the program.

I. The office of state police shall annually submit a report to the office of disability affairs describing the activities of the program including number of volunteers trained, number of citations issued pursuant to the program, expenses incurred by the state police in the implementation of the program, and any other information required by the office of disability affairs.

*Acts 1995, No. 812, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:1401** Release of personal information {#sec-40-1401 omnilex-key=us-la-statutes--rs-title-40--40:1401}

No person, agency, or department shall release to the news media, press, or any other public information agency the home address, photograph, or any information that may be deemed otherwise confidential of an employee, officer, or agent of the Department of Public Safety and Corrections, office of state police, without the express written consent of that employee, officer, or agent with respect to an investigation of the employee, officer, or agent.

*Acts 2003, No. 144, §1.*

##### **§ 40:1402** Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020. {#sec-40-1402 omnilex-key=us-la-statutes--rs-title-40--40:1402}

*Repealed by Acts 2018, No. 612, §22, eff. July 1, 2020.*

#### **SUBPART B** INSURANCE FRAUD INVESTIGATION UNIT

##### **§ 40:1421** Definitions {#sec-40-1421 omnilex-key=us-la-statutes--rs-title-40--40:1421}

As used in this Chapter, the following words shall have the following meanings:

(1) "Commissioner" means commissioner of insurance.

(2) "Fraud unit" or "unit" means the insurance fraud investigation unit within the
Department of Public Safety and Corrections, office of state police.

(3) "Fraud support unit" means the insurance fraud support unit within the
Department of Justice.

(4) "Insurance fraud" means any commission or attempted commission of criminal
acts or practices as provided in R.S. 22:1923, 1924, or 1925 which involves any type of
insurance as provided in R.S. 22:47.

(5) "Insurance fraud section" means the insurance fraud section within the Louisiana
Department of Insurance.

(6) "Insurance policy" means a contract or other written instrument between an
insured and insurer setting forth the obligations and responsibilities of each party.

(7) "Insurance premium finance company" means a person engaged or purporting to
engage in the business of advancing money, directly or indirectly, to an insurer or producer
at the request of an insured pursuant to the terms of a premium finance agreement, including
but not limited to loan contracts, notes, agreements, or obligations, wherein the insured has
assigned the unearned premiums, accrued dividends, or loss payments as security for such
advancement in payment of premiums on insurance policies only, and does not include the
financing of insurance premiums purchased in connection with the financing of goods and
services.

(8) "Insurance professional" means an adjuster, agent, managing general agent,
surplus lines broker, reinsurance intermediary, insurance consultant, broker, or attorney-in-fact.

(9) "Insurance transaction", "insurance business", and "business of insurance"
include solicitation, negotiations preliminary to execution of an insurance contract, execution
of an insurance contract and the transaction of matters subsequent to execution of a contract
and arising out of it, and matters arising out of any relationship among or between an insured,
an insurer, and a third party for which an insurance policy provides coverage.

(10) "Insured" means any person covered by an insurance policy.

(11) "Insurer" means any person or company subject to regulation pursuant to Title
22 of the Louisiana Revised Statutes of 1950.

(12) Repealed by Acts 2024, No. 339, §5.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2010, No. 1013, §2, eff. July 1, 2010; Acts 2024, No. 339, §5.*

##### **§ 40:1422** Insurance fraud investigation unit; powers and duties {#sec-40-1422 omnilex-key=us-la-statutes--rs-title-40--40:1422}

A. There is hereby created an insurance fraud investigation unit in the Department
of Public Safety and Corrections, public safety services, office of state police, and the unit
shall be solely dedicated to the investigation of property and casualty, worker's
compensation, life, and health insurance fraud. The purposes of this unit shall be to:

(1) Initiate independent inquiries and conduct independent investigations into
allegations of insurance fraud in any municipality or parish of the state of Louisiana and
perform other related law enforcement duties.

(2) Respond to notification or complaints alleging insurance fraud generated by
federal, state, and local police, other law enforcement authorities, governmental agencies or
units, and any other person.

(3) Review notices and reports of insurance fraud, select the incidents of suspected
fraud that, in its judgment, require further detailed investigation, and conduct the
investigations.

B. The insurance fraud investigation unit shall have the authority to:

(1) Issue subpoenas to examine any person under oath and to compel the production
of records, books, papers, contracts, and other documents. Subpoenas shall be served in the
same manner as if issued by a district court. If any person fails to obey a subpoena issued
and served pursuant to this Subsection, upon application of the insurance fraud investigation
unit, the Nineteenth Judicial District Court or the district court in the judicial district where
the subpoena was served may issue an order requiring the person to comply with the
subpoena. Any failure to obey the order of the court may be punished by the court as
contempt.

(2) Administer oaths and affirmation.

(3) Share records and evidence with federal, state, or local law enforcement or
regulatory agencies.

(4) Make criminal referrals to prosecuting authorities. The district attorney of the
judicial district where a criminal referral has been made shall, for the purpose of assisting in
such prosecution, have the authority to appoint as special deputy district attorneys, licensed
attorneys in the employment of the insurance fraud investigation unit. The district attorney
shall have the right and discretion to proceed against any person or organization on criminal
referrals.

(5) Conduct investigations outside of this state. If the information the fraud unit
seeks to obtain is located outside this state, the person from whom the information is sought
may make the information available to the fraud unit to examine at the place where the
information is located. The fraud unit may designate representatives, including officials of
the state in which the matter is located, to inspect the information on behalf of the fraud unit,
and the fraud unit may respond to similar requests from officials of other states.

C. The police employees of the unit shall have the same duties and powers as are
provided for other police employees of the office in R.S. 40:1379 and such other duties as
are assigned by the deputy secretary of public safety services of the Department of Public
Safety and Corrections. The police employees of the unit shall complete the National
Insurance Crime Training Academy, phases 1, 2, and 3, and Fraud Claims Law Specialist
program, within the first two years of assignment to the unit.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2010, No. 1013, §2, eff. July 1, 2010.*

##### **§ 40:1423** Access to evidence, documentation, and related materials {#sec-40-1423 omnilex-key=us-la-statutes--rs-title-40--40:1423}

A. The insurance investigation fraud unit is authorized to have direct access
to information compiled by the Federal Bureau of Investigation, as contained in the
National Crime Identification Center.

B. The unit is authorized to request access to evidence, documentation, and
related materials located within this state pertinent to an investigation or examination
and in the possession or control of an insurer or an insurance professional. The
person so requested shall either make the material available to the unit or shall make
the material available for inspection or examination by a designated representative
of the unit.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000.*

##### **§ 40:1424** Reporting suspected fraud {#sec-40-1424 omnilex-key=us-la-statutes--rs-title-40--40:1424}

A. If any person or any insurer, any employee thereof, or any insurance professional
has knowledge of or has reason to believe that a violation of R.S. 22:1923, 1924, or 1925
will be, is being, or has been committed, that person shall notify the section of insurance
fraud in the Department of Insurance, in accordance with R.S. 22:1926.

B. All applications for insurance and all claim forms provided and required by an
insurer or required by law as a condition of payment of a claim shall contain a statement,
permanently affixed to or included as a part of the application or claim form, that clearly
states in substance the following:

"Any person who knowingly presents a false or fraudulent claim for payment
of a loss or benefit or knowingly presents false information in an application
for insurance is guilty of a crime and may be subject to fines and confinement
in prison."

C. The lack of the statement required by Subsection B of this Section shall not
constitute a defense in any criminal prosecution. The statement shall not be required to
appear on applications and forms relating to reinsurance.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2001, No. 598, §2; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.*

##### **§ 40:1425** Receipt of information; immunity from liability {#sec-40-1425 omnilex-key=us-la-statutes--rs-title-40--40:1425}

A. Any insurer providing information to an authorized representative of the unit
pursuant to this Subpart shall have the right to request relevant information and receive the
information requested within thirty days.

B. There shall be no cause of action in the nature of defamation, libel, slander,
invasion of privacy, negligence, or any other cause of action against any person furnishing
information concerning any suspected, anticipated, or completed criminal or fraudulent
insurance act as described in this Subpart which involve any type of insurance as defined in
R.S. 22:47. This immunity from liability shall apply when the information is provided to or
received from a person employed by or authorized by an insurer whose activities include the
investigation or reporting of suspected fraudulent insurance acts. The immunity shall apply
to furnishing, disclosing, or requesting information on such suspected fraudulent insurance
acts to or from the unit as to a person employed by or authorized by other insurers or insurer
organizations acting in the same capacity including the National Association of Insurance
Commissioners, another insurer, any federal or state governmental entity established for the
purposes of detecting and preventing insurance fraud, or the National Insurance Crime
Bureau.

C. No insurer, its officers or employees, or insurance professional, nor any other
person shall be subject to such cause of action for cooperating with or furnishing evidence
or information regarding any suspected criminal violation to the unit.

D. This Section shall not provide immunity for those disclosing or furnishing false
information with actual malice or willful intent to injure any person.

E. This Section shall not abrogate or modify in any way jurisprudential or statutory
privileges or immunities heretofore enjoyed by any person or entity described in this Section,
nor shall it authorize the unit to make public insurance company records which are
proprietary in nature.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.*

##### **§ 40:1426** Reward fund {#sec-40-1426 omnilex-key=us-la-statutes--rs-title-40--40:1426}

The Department of Public Safety and Corrections, office of state police, in
cooperation with and with voluntarily funding by authorized insurers and insurance
professionals, may establish and operate a fund to offer monetary rewards for
information sufficient to procure conviction in a court of appropriate jurisdiction of
a person or persons responsible for insurance fraud. No law enforcement officer,
employee of the office of commissioner of insurance, employee of an insurance
company, or any insurance professional shall be eligible to receive such reward.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000.*

##### **§ 40:1427** Reports {#sec-40-1427 omnilex-key=us-la-statutes--rs-title-40--40:1427}

The insurance fraud investigation unit, fraud support unit, and insurance fraud section
shall submit a combined annual report to the governor and the insurance committees of each
house of the legislature no later than February fifteenth of each year on the progress made
in deterring insurance fraud. Such report shall detail:

(1) All expenditures and receipts of the insurance fraud investigation unit, fraud
support unit, and insurance fraud section.

(2) The uses to which these funds were put, including payment of salaries and
expenses, purchases of equipment and supplies, and other expenditures by type.

(3) The results achieved as a consequence of such expenditures, including the
number of notifications or inquiries received, the number of inquiries and investigations
undertaken, the number of inquiries to which an investigation was not initiated, the number
of arrests, the number of files presented to prosecutors, the number of prosecutions, the
number of convictions, and the total dollar amount of restitution resulting from the operation
of the insurance fraud investigation unit, fraud support unit, and insurance fraud section, as
applicable to each.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2010, No. 1013, §2, eff. July 1, 2010.*

##### **§ 40:1428** Special assessment; creation of dedicated fund account {#sec-40-1428 omnilex-key=us-la-statutes--rs-title-40--40:1428}

A.(1) Except as provided in Paragraph (2) of this Subsection, the commissioner of
insurance may assess a fee on the direct premiums received by each insurer licensed by the
Department of Insurance to conduct business in this state. Such fee shall be imposed by rule
adopted by the commissioner in accordance with the Administrative Procedure Act. The
total fees assessed for any year shall not exceed the amount necessary to pay the costs of
investigation, enforcement, public education and public awareness, and prosecution of
insurance fraud in this state by the programs to which funds are allocated in Paragraph (4)
of this Subsection. The total fee assessed in any year shall not exceed an amount equal to
0.000375 multiplied times the annual direct premium dollars received that are subject to the
fee.

(2) The fee shall not be assessed on premiums received on life insurance policies,
annuities, credit insurance, crop and livestock insurance, federal flood insurance policies,
reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. The fee
shall not be assessed on fifty percent of the premiums received on health and accident
insurance policies.

(3) Repealed by Acts 2025, No. 83, §2, eff. June 4, 2025.

(4)(a) Prior to making the allocations specified in Subparagraph (b) of this Paragraph,
the commissioner of insurance is authorized to withhold the sum of thirty thousand dollars
per year from the fees collected pursuant to this Section to defray the expense of collection
of the fees, enforcement of this Subpart, and operation of the Department of Insurance and
shall withhold one hundred eighty-seven thousand dollars to fund insurance fraud detection,
investigation, and public awareness.

(b) Except as otherwise provided in Subparagraph (a) of this Paragraph, the fees
collected shall be used solely for the purposes of this Subpart and shall be allocated to the
insurance fraud investigation unit within the office of state police, the insurance fraud
support unit within the Department of Justice, the section of insurance fraud within the
Department of Insurance, and other state agencies in accordance with a written agreement
entered into by the superintendent of state police, the attorney general, and the commissioner
of insurance.

(c) Except as otherwise provided in Subparagraph (a) of this Paragraph, if a written
agreement is not entered into pursuant to Subparagraph (b) of this Paragraph no later than
September thirtieth, the fees collected in the next fiscal year shall be used solely for the
purposes of this Subpart and shall be allocated as follows:

(i) Seventy-five percent of the fees collected shall be allocated to the insurance fraud
investigation unit within the office of state police.

(ii) Fifteen percent of the fees collected shall be allocated to the Department of
Justice to be used solely for the insurance fraud support unit.

(iii) Ten percent of the fees collected shall be allocated to the Department of
Insurance to be used solely for the section of insurance fraud.

B. The fee established in this Section shall be paid to commissioner of insurance and
shall be deposited immediately upon receipt into the state treasury.

C. After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, an amount
equal to that deposited as required by Subsection B of this Section shall be credited to a
special statutorily dedicated fund account created in the state treasury to be known as the
Insurance Fraud Investigation Dedicated Fund Account, hereafter referred to in this
Subsection as the "account". The monies shall be irrevocably dedicated and deposited in the
account and shall be used solely as provided in Subsection A of this Section and only in the
amounts appropriated by the legislature. Monies in the account shall be appropriated,
administered, and used solely and exclusively for purposes of the fraud unit, fraud support
unit, insurance fraud section, and as further provided in this Section. All unexpended and
unencumbered monies in the account at the end of the fiscal year shall remain in the account.
Monies deposited into the account shall be categorized as fees and self-generated revenue
for the sole purpose of reporting related to the executive budget, supporting documents, and
general appropriation bills and shall be available for annual appropriation by the legislature.

D. The commissioner of insurance may levy a fine on any insurer who fails to pay
the fee assessed pursuant to this Section when due. Such fine shall not exceed five percent
of the fee per month; however, no fine shall be less than one hundred dollars per month.

*Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2001, No. 369, §1; Acts 2003, No. 293, §2; Acts 2010, No. 1013, §2, eff. July 1, 2010; Acts 2021, No. 114, §10, eff. July 1, 2022; Acts 2024, No. 339, §4; Acts 2024, No. 340, §2, eff. Sept. 1, 2024; Acts 2025, No. 83, §§1, 2, eff. June 4, 2025.*

##### **§ 40:1429** Repealed by Acts 2024, No. 235, §1, eff. May 23, 2024, and Acts 2024, No. 340, §3, eff. May 28, 2024. {#sec-40-1429 omnilex-key=us-la-statutes--rs-title-40--40:1429}

*Repealed by Acts 2024, No. 235, §1, eff. May 23, 2024, and Acts 2024, No. 340, §3, eff. May 28, 2024.*

#### **SUBPART B** STATE POLICE RETIREMENT FUND

##### **§ 40:1430** §§1430 to 1430.3 Repealed by Acts 1978, No. 727, §11, eff. Jan. 1, 1979. {#sec-40-1430 omnilex-key=us-la-statutes--rs-title-40--40:1430}

*§§1430 to 1430.3 Repealed by Acts 1978, No. 727, §11, eff. Jan. 1, 1979.*

#### **SUBPART C** ADDITIONAL COMPENSATION FOR STATE POLICE OFFICERS AND DRIVERS LICENSE EXAMINERS

##### **§ 40:1451** Purpose {#sec-40-1451 omnilex-key=us-la-statutes--rs-title-40--40:1451}

This law is enacted by the legislature in the exercise of the police power of the state, to promote the public peace and safety by providing better enforcement of the law.

Added by Acts 1959, No. 50, §1.

{{NOTE: §§1451-1459 WERE REPEALED SUBJECT TO THE CONDITION IN SECTION 3 OF ACTS 1989, NO. 337 WHICH STATES:

"Section 3. This Act shall become effective if and when the base salary of each person entitled to a supplement pursuant to Subpart D of Part III of Chapter 6 of Title 40 and Part XII of Chapter 1 of Title 56 of the Louisiana Revised Statutes of 1950 is increased by an amount equal to the supplement to which the person is entitled on the date that this Act becomes law." }}

##### **§ 40:1452** Rate of compensation {#sec-40-1452 omnilex-key=us-la-statutes--rs-title-40--40:1452}

A. In addition to the compensation paid by the State Department of Public Safety, Division of State Police, to any state police officer, and in addition to that which said police officers may receive as compensation under civil service rules and regulations or otherwise, every state police officer employed by the Division of State Police of the Department of Public Safety shall be paid by the state extra compensation as follows:

(1) $16.66 per month for each state police officer who has completed or hereafter completes one year of service;

(2) $33.32 per month for each state police officer who has completed or who hereafter completes three years of service;

(3) $50.00 per month for each state police officer who has completed or who hereafter completes six years of service.

B. In computing the period of service required by Sub-section A of this Section, service as a state police officer shall include prior service for those police officers who have returned or hereafter return to such service.

C. In addition to the compensation paid by the State Department of Public Safety, Division of State Police, to any drivers license examiner, and in addition to that which said drivers license examiners may receive as compensation under civil service rules and regulations or otherwise, every drivers license examiner employed by the Division of State Police of the Department of Public Safety shall be paid by the state extra compensation as follows:

(1) $15.00 per month to those classified as Drivers License Examiner I;

(2) $20.00 per month to those classified as Drivers License Examiner II;

(3) $25.00 per month to those classified as Drivers License Examiner III;

(4) $30.00 per month to those classified as Drivers License Examiner IV.

Added by Acts 1959, No. 50, §1.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}

##### **§ 40:1453** Credit to special fund {#sec-40-1453 omnilex-key=us-la-statutes--rs-title-40--40:1453}

All appropriations made for the payment of the supplemental salaries provided by this Sub-part shall be credited to the special fund in the state treasury created by R.S. 40:1667.2, and the funds so credited shall be and remain dedicated to the payment of the supplemental salaries provided in R.S. 40:1452.

Added by Acts 1959, No. 50, §1; Acts 2014, No. 158, §§3 and 7.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}

##### **§ 40:1454** Disbursement of funds {#sec-40-1454 omnilex-key=us-la-statutes--rs-title-40--40:1454}

A. The funds credited and dedicated as provided in R.S. 40:1453 shall be disbursed upon warrants drawn by the Director of the Department of Public Safety, which warrants shall have attached to them a detailed list of the names of the officers for whose benefit any particular warrant is drawn, together with the completed years of service of such officers and such other information as the State Comptroller or the State Treasurer may require. A list of the names of the drivers license examiners together with their classifications shall also be attached to the warrants.

B. The Director of the Department of Public Safety, on the basis of such warrants, shall prepare and sign individual checks representing the amount to be paid out of the special fund created by R.S. 40:1667.2 to each person in accordance with the provisions of this Sub-part. Each such check shall show the legislative appropriation from which payment is made and shall note that it represents additional compensation paid by the state under the provisions of this Sub-part. The Director of the Department of Public Safety shall deliver the checks to the individual person in whose favor drawn, by mail or by such other means as he shall determine.

C. The Director of the Department of Public Safety shall include the additional compensation paid by the individuals in accordance with the provisions of this Sub-part in the calculation and deduction from the pay of such individuals of sums required by state or federal laws to be withheld by an employer, such as federal income tax and social security tax or contribution to a state retirement system. The Director of the Department of Public Safety shall be further charged with the responsibility for transmitting the sums so withheld in accordance with the law or laws requiring the withholding.

D. The additional compensation paid by the state to state police officers and drivers license examiners in accordance with the provisions of this Sub-part shall be included in the calculation and computation of the total wages paid to a state police officer or drivers license examiner in the determination of employer contributions to any retirement system or pension fund of which the individual may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the individual under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the individual might be entitled.

Added by Acts 1959, No. 50, §1; Acts 2014, No. 158, §§3 and 7.

{{NOTE: FOR CONDITIONAL REPEAL, SEE NOTE AT §1451.}}

##### **§ 40:1455** Salary deductions void {#sec-40-1455 omnilex-key=us-la-statutes--rs-title-40--40:1455}

Any reduction of the salary of any police officer or drivers license examiner in effect on July 1, 1959, whether by the Director of the Department of Public Safety or by any pay plan under the provisions of any civil service law or regulation, or otherwise, shall be void where it is made solely by reason of the additional compensation provided for in this Sub-part.

Added by Acts 1959, No. 50, §1.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}

#### **SUBPART D** ADDITIONAL SALARY FOR STATE POLICE OFFICERS

##### **§ 40:1456** Purpose {#sec-40-1456 omnilex-key=us-la-statutes--rs-title-40--40:1456}

This law is enacted by the legislature pursuant to Article X, Section 10(A)(1) of the Louisiana Constitution of 1974 in the exercise of the police power of the state, to promote the public peace and safety by providing better enforcement of the law.

Added by Acts 1975, No. 320, §1, eff. July 1, 1975.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}

##### **§ 40:1457** Amount of additional salary {#sec-40-1457 omnilex-key=us-la-statutes--rs-title-40--40:1457}

Every sworn, commissioned state police officer, who is a graduate of the state police training academy, and who is employed by the office of state police of the Department of Public Safety shall be paid by the state additional salary in the amount of two hundred sixty dollars per month, provided funds are available. The salary provided for by this Section shall be in addition and supplemental to any uniform state civil service pay plan. In the event that supplemental pay for deputy sheriffs is increased, then supplemental pay for state police shall be increased in the same amount, provided that funds are available.

Added by Acts 1975, No. 320, §1, eff. July 1, 1975. Acts 1983, No. 243, §1.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}

##### **§ 40:1458** Special fund {#sec-40-1458 omnilex-key=us-la-statutes--rs-title-40--40:1458}

For the payment of the additional salary provided by R.S. 40:1457, there is hereby created a special fund in the treasury of the state of Louisiana, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be used solely for the payment of such additional salary as provided in R.S. 40:1457.

Added by Acts 1975, No. 320, §1, eff. July 1, 1975.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}

##### **§ 40:1459** Disbursement of funds {#sec-40-1459 omnilex-key=us-la-statutes--rs-title-40--40:1459}

A. The funds disbursed to each individual shall be included as part of his regular payroll check. The additional salary paid to individuals in accordance with this Subpart shall be subject to the deductions normally withheld by the employer.

B. The additional salary paid by the state to state police officers in accordance with the provisions of this Subpart shall be included in the calculation and computation of the total wages paid to a state police officer in the determination of employer contributions to any retirement system or pension fund of which the individual may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the individual under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the individual might be entitled.

Added by Acts 1975, No. 320, §1, eff. July 1, 1975; Acts 1985, No. 193, §1; Acts 1986, No. 790, §1, eff. July 10, 1986.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}

##### **§ 40:1460.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-1460.1 omnilex-key=us-la-statutes--rs-title-40--40:1460.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:1460.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-1460.2 omnilex-key=us-la-statutes--rs-title-40--40:1460.2}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART IV** DRIVER TRAINING

##### **§ 40:1461** Requirements for private training and driving instructor schools {#sec-40-1461 omnilex-key=us-la-statutes--rs-title-40--40:1461}

A.(1) Every person engaged in the business of operating a private driving instructor
training school or agency, or providing driving courses, shall apply for and procure a license
from the Department of Public Safety and Corrections, public safety services. No person
shall advertise or otherwise hold himself before the public, for remuneration, as qualified,
licensed, or otherwise approved to train or instruct without having first obtained a license or
contract with the Department of Public Safety and Corrections, public safety services.

(2) Every person engaged in the business of operating a private driving instructor
training school or agency, or providing driving courses, who has or is seeking a contract or
license with the Department of Public Safety and Corrections, public safety services, shall
consent to, pass, and pay the costs of a criminal history background check pursuant to R.S.
15:587.

B. Every person desiring to train or instruct in driving courses shall file a written
application with the commissioner.

C. The commissioner of the office of motor vehicles shall establish rules and
regulations in accordance with the Administrative Procedure Act subject to oversight review
by the House and Senate committees on transportation, highways, and public works, for the
following:

(1) The issuance, suspension, or revocation of licenses.

(2) The requirements and qualifications of each applicant for a contract.

(3) The establishment of the terms, manner, and location of instruction and testing.

(4) The establishment of the causes of suspension or revocation of the license and
contract and the imposition of a fine not to exceed one thousand five hundred dollars,
pursuant to a schedule, for any violation of statutory law, rules, and regulations or the terms
of the contract.

D. The commissioner shall charge a fee of twenty-five dollars for each school or
agency. The commissioner shall charge a fee of ten dollars for each additional instructor that
the school or agency may employ.

E. The fees collected under this Section shall be paid to the office of motor vehicles
of the Department of Public Safety and Corrections and used for its maintenance, operation,
and supervision.

F. Every person properly licensed pursuant to this Section on or after June 30, 2012,
shall administer in accordance with law and administrative rules promulgated by the
Department of Public Safety and Corrections, as a third-party examiner, both the knowledge
and on-road driving skills tests required for the issuance of a Class "D" or "E" license in
Louisiana.

G. For purposes of this Section as it relates to a driving instructor training school or
agency for a Class "D" or "E" license, or a person providing driving courses for a Class "D"
or "E" license, the following words and phrases shall have the meaning ascribed to them in
this Section, unless the context clearly indicates a different meaning:

(1) "Engaged in the business of operating a private driving instructor training school
or agency" means any person or entity who applies to or contracts with the office of motor
vehicles to operate a driving instructor training school or agency pursuant to R.S. 32:408.1
or this Section and any current or prospective employee who works the business including
but not limited to an instructor, an examiner, or any staff member who has access to the
students' records.

(2) "Principal" means a person or provider who has the primary responsibility for a
driver education program at a school or agency.

(3) "Third-party examiner" means a person employed by a third-party tester who is
licensed as an instructor and is also authorized by a contract with the state to administer the
knowledge and road-skills test for Class "D" and "E" licenses.

(4) "Third-party tester" means a person or entity licensed to provide driving courses
who has executed a contract with the department to administer knowledge and road-skills
tests required by Louisiana law for driver's license issuance.

*Added by Acts 1983, No. 665, §1; Acts 2011, No. 294, §3; Acts 2011, No. 307, §2; Acts 2022, No. 347, §3; Acts 2023, No. 176, §§2,3, eff. June 7, 2023; Acts 2024, No. 579, §1.*

##### **§ 40:1462** Bond requirement {#sec-40-1462 omnilex-key=us-la-statutes--rs-title-40--40:1462}

A. Each private driving school shall execute a good and sufficient surety bond with
a surety company qualified to do business in Louisiana as surety, in the sum of twenty
thousand dollars if such surety bond is available for purchase. Such bond shall name the
Department of Public Safety and Corrections, office of motor vehicles, as obligee and shall
be subject to the condition that, if the private driving school or any of the private driving
school's instructors fail to perform any services the school agreed to provide to a student or
a student's parent, that student, or the parent in case the student is a minor, may recover the
private driving school fees from the bond by filing a claim through the department against
the bond. If the company fails to meet the conditions of the bond, the obligation of the surety
shall remain in full force and effect. A private driving school with multiple locations shall
furnish only a single surety bond.

B. The surety bond furnished as required in this Section shall be delivered to and
filed with the Department of Public Safety and Corrections, office of motor vehicles.

*Acts 2014, No. 307, §1; Acts 2015, No. 99, §1.*

##### **§ 40:1463** Cease and desist orders {#sec-40-1463 omnilex-key=us-la-statutes--rs-title-40--40:1463}

A. It shall be unlawful for any person to operate a driving school or to offer instruction as a driving school instructor unless both the school and the instructor are currently licensed as a driving school by the department, or for a licensed driving school to engage in any prohibited activity.

B. For the purpose of this Section, "prohibited activity" means:

(1) Activity normally conducted by a driving school such as classroom instruction, behind the wheel instruction, issuing certificates of successful completion to be used by an applicant to apply for a driver's license, advertising as a licensed, authorized, or approved driving school, or holding oneself out as an authorized or approved driving school or instructor without a license, authorization, or approval by the department.

(2) Activity conducted by a driving school or an instructor, whether licensed or not, in which a student of the school is requested to go to, or is taken to, a hotel room, a private residence, or any other location not appropriate for a person of the student's age.

C. The Department of Public Safety and Corrections, office of motor vehicles may issue a cease and desist order to any person or business which is operating in violation of this Section. Any such cease and desist order shall be served either by regular mail with a proof of mailing issued by the United States Postal Service, or by hand delivery by a representative of the department. If the cease and desist order is served by mail with proof of mailing, it shall be deemed delivered on the seventh calendar day after the date affixed by the post office on the certificate or proof of mailing. The presumption of delivery in this Subsection shall not apply if the postal service returns the cease and desist order as undeliverable.

D. If the person or business subject to the cease and desist order in this Section cannot be served, or does not comply with the cease and desist order, the department may file a petition for injunctive relief as provided in the Code of Civil Procedure in district court. There shall be no suspensive appeal or stay of an order or judgment of the district court granting the department a preliminary or permanent injunction.

E. The department shall promulgate rules as it determines are necessary to aid in the implementation and enforcement of this Section, in accordance with the Administrative Procedure Act.

*Acts 2014, No. 307, §1.*

##### **§ 40:1464** Commercial driver's curriculum; human trafficking training {#sec-40-1464 omnilex-key=us-la-statutes--rs-title-40--40:1464}

A. Beginning January 1, 2025, any trade school, community college, agency,
public or private school, or person offering instruction in the operation of commercial
motor vehicles as part of a commercial motor vehicle driving course curriculum shall
include a minimum of thirty minutes of industry-specific anti-trafficking training on
the recognition, prevention, and reporting of human trafficking.

B. The Board of Regents shall identify and establish industry-specific anti-trafficking training materials for use in instruction on the recognition, prevention, and
effective reporting of human trafficking by applicants as a requirement to obtain a
Class "A", "B", or "C" commercial driver's license. The board may collaborate with
organizations that specialize in and offer training materials on the recognition,
prevention, and reporting of human trafficking for commercial truckers. The board
shall review and update the training materials to account for changes and trends in
human trafficking once every three years, at minimum. The provisions contained in
this Subsection shall become effective on August 1, 2024.

*Acts 2024, No. 132, §1.*

##### **§ 40:1466** Repealed by Acts 1981, No. 656, §2 {#sec-40-1466 omnilex-key=us-la-statutes--rs-title-40--40:1466}

*Repealed by Acts 1981, No. 656, §2*

#### **PART V** REGULATION OF EXPLOSIVES

##### **§ 40:1471.1** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.1 omnilex-key=us-la-statutes--rs-title-40--40:1471.1}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.2** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.2 omnilex-key=us-la-statutes--rs-title-40--40:1471.2}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.3** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.3 omnilex-key=us-la-statutes--rs-title-40--40:1471.3}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.4** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.4 omnilex-key=us-la-statutes--rs-title-40--40:1471.4}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.5** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.5 omnilex-key=us-la-statutes--rs-title-40--40:1471.5}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.6** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.6 omnilex-key=us-la-statutes--rs-title-40--40:1471.6}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.7** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.7 omnilex-key=us-la-statutes--rs-title-40--40:1471.7}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.8** Repealed by Acts 1989, No. 330, §2. {#sec-40-1471.8 omnilex-key=us-la-statutes--rs-title-40--40:1471.8}

*Repealed by Acts 1989, No. 330, §2.*

##### **§ 40:1471.9** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.9 omnilex-key=us-la-statutes--rs-title-40--40:1471.9}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.10** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.10 omnilex-key=us-la-statutes--rs-title-40--40:1471.10}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.11** §§1471.11, 1471.12 Repealed by Acts 1974, No. 376, §1 {#sec-40-1471.11 omnilex-key=us-la-statutes--rs-title-40--40:1471.11}

*§§1471.11, 1471.12 Repealed by Acts 1974, No. 376, §1*

##### **§ 40:1471.13** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.13 omnilex-key=us-la-statutes--rs-title-40--40:1471.13}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.14** §§1471.14 to 1471.16 Repealed by Acts 1979, No. 721, §3 {#sec-40-1471.14 omnilex-key=us-la-statutes--rs-title-40--40:1471.14}

*§§1471.14 to 1471.16 Repealed by Acts 1979, No. 721, §3*

##### **§ 40:1471.17** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.17 omnilex-key=us-la-statutes--rs-title-40--40:1471.17}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.18** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.18 omnilex-key=us-la-statutes--rs-title-40--40:1471.18}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.18.1** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.18.1 omnilex-key=us-la-statutes--rs-title-40--40:1471.18.1}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.19** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.19 omnilex-key=us-la-statutes--rs-title-40--40:1471.19}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.20** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.20 omnilex-key=us-la-statutes--rs-title-40--40:1471.20}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.21** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.21 omnilex-key=us-la-statutes--rs-title-40--40:1471.21}

*Repealed by Acts 1995, No. 1139, §2.*

##### **§ 40:1471.22** Repealed by Acts 1995, No. 1139, §2. {#sec-40-1471.22 omnilex-key=us-la-statutes--rs-title-40--40:1471.22}

*Repealed by Acts 1995, No. 1139, §2.*

#### **PART V-A** REGULATION OF EXPLOSIVES

##### **§ 40:1472.1** Construction of Part {#sec-40-1472.1 omnilex-key=us-la-statutes--rs-title-40--40:1472.1}

A. The provisions of this Part are cumulative and shall not be construed as repealing or affecting any powers, duties, or authorities of the deputy secretary for public safety services of the Department of Public Safety and Corrections under any other law of this state; provided that with respect to the regulations of explosives as herein provided, in instances where the provisions of this Part may conflict with any other such law, the provisions of this Part control.

B. The provisions of this Part and regulations promulgated by the deputy secretary do not apply to the lawful purchase by a non-licensee or non-permittee twenty-one years of age or older of commercially manufactured black powder in quantities not to exceed five pounds, or quantities not to exceed twenty-five pounds if purchased by a member of a bona fide artillery unit of historical reenactors, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16) or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2009, No. 391, §1.*

##### **§ 40:1472.2** Definitions {#sec-40-1472.2 omnilex-key=us-la-statutes--rs-title-40--40:1472.2}

The following words used in this Part shall have the meanings respectively ascribed to them in this Section, including singular as follows:

(1) "Approved" shall mean approved by the office of the deputy secretary for public safety services of the Department of Public Safety and Corrections.

(2) "Artificial barricade" shall mean an artificial mound or revetted wall of earth of a minimum thickness of three feet.

(3) "Barricaded" shall mean that building containing explosives is effectively screened from a magazine, building, railway, or highway, either by a natural barricade or by an artificial barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine or building, or to a point twelve feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade.

(4) "Blaster" shall mean a person employed by a primary licensee who detonates or otherwise effects the explosion of an explosive or who is in immediate personal charge and supervision of one or more other persons engaged in such activity.

(5) "Combustible" means any material with a flash point above 140° F and less than 200° F.

(6) "Dealer-distributor" means a person engaged in the wholesale or retail business of buying and selling or distribution of explosives, provided that should a manufacturer make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer.

(6.1) "Deputy secretary" means the deputy secretary for public safety services of the Department of Public Safety and Corrections.

(7) "Explosives" means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. The term includes but is not limited to dynamite and other high explosives, black powder in quantities in excess of five pounds, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The term "explosives" further includes but is not limited to the following:

(a) "Binary" (phosphoric) means two or more unmixed, commercially manufactured prepackaged chemical substances including oxidizers, flammable liquids or solids, or similar substances that are not independently classified as explosives but which when mixed or combined form a mixture that is classified as an explosive and that is intended for blasting.

(b) "Blasting agent" means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive; provided, that the finished product, as mixed for use or shipment, cannot be detonated by means of a number eight test blasting cap when unconfined.

(c) "Detonator" means any device containing an initiating or primary explosive that is used for initiating detonation in another explosive material. A detonator may not contain more than ten grams of total explosives by weight, excluding ignition or delay charges. The term includes but is not limited to electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps which use detonating cord, shock tube, or any other replacement for electric leg wires.

(d) Except as provided for in Subparagraph (e) of this Paragraph the term "explosive" shall not include smokeless powder when used in sporting arms.

(e) "Exploding or explosive target" means two or more mixed, commercially manufactured prepackaged chemical substances including oxidizers, flammable liquids or solids, or similar substances that are not independently classified as explosives but which when mixed or combined in quantities greater than five pounds form a mixture that is classified as an explosive and designed primarily as a target for firearms practice.

(8) "Factory building" shall mean any building or other structure, except magazines, containing explosives in which the manufacture of explosives or any processing involving explosives is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device. The definition does not include private residences or shop buildings where the handloading of small arms ammunition is being carried on.

(9) "Flammable" means any material with a flash point of 140° F or less.

(9.1) "Handler" shall mean a person who touches, moves, or otherwise handles explosives but does not detonate or otherwise effect the explosion of explosives or explosives materials. The license issued to a handler shall not be used by a blaster or user who uses explosives as an ultimate consumer.

(10) "Highway" shall mean any public street or public road, public highway, alley, or thoroughfare. Public highways of Class A to D as applied to the American Table of Distances for Storage of Explosives are highways with an average traffic volume of three thousand or less vehicles per day as specified in American Civil Engineering Practice (Abbett, Vol. 1, Table 46, Section 3-74, 1956 Edition, John Wiley and Sons).

(11) "Inhabited building" shall mean any building or structure regularly used in whole or part as a place of human habitation, also any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excluding buildings or structures occupied in connection with the manufacture, transportation, storage, and use of explosives.

(12) "Local office" as applies to a user, means a structure, place of rental, such as an apartment or motel, or a movable such as a barge, ship, or vehicle, in the vicinity of the storage container.

(13) "Magazine" shall mean any building, structure, or device used for temporary or permanent storage of explosives. There shall be five types of magazines built and/or constructed in accordance with the rules and regulations promulgated pursuant to this Part. This definition does not apply to the storage of explosives in underground mining operations.

(14) "Manufacturer" means a person engaged in the manufacture, compounding, or combining of explosives.

(15) "Natural barricade" shall mean natural features of the ground such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen when the trees are bare of leaves.

(16) "Offshore" shall apply to any work performed at locations accessible only by air or water when the work location is totally surrounded by water and explosives are secured and attended.

(17) "Oxidizer" means a material that may, generally by yielding oxygen, cause or enhance the combustion of other materials.

(18) "Person" means any individual, corporation, company, association, firm, partnership, society, or joint stock company.

(19) "Primary licensee" is the responsible party holding a valid manufacturer, dealer-distributor, or user license.

(20) "Purchase" and its various forms as used shall include acquisition of any explosive by a person with or without consideration.

(21) "Railroad" shall mean any steam, electric, diesel electric, or other railroad or railway which carries passengers for hire.

(22) "Sale" and its various forms as used shall include delivery of an explosive with or without consideration.

(23) "Secured area" means any location that is either locked or under the immediate control of a licensee.

(24) "Temporary" shall mean no more than forty-eight hours.

(25) "Unauthorized persons" means those persons not employed by the licensed company or authorized by the licensed manufacturer, dealer-distributor, or user.

(26) "User" means a person who, as an ultimate consumer of an explosive, purchases the same from a dealer-distributor or manufacturer or means a dealer or manufacturer who uses an explosive as an ultimate consumer.

(27) "Vessel" means any description of watercraft used or capable of being used as a means of transportation on water.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1; Acts 2014, No. 151, §1.*

##### **§ 40:1472.3** License; manufacturer, dealer-distributor, user, blaster, or handler of explosives {#sec-40-1472.3 omnilex-key=us-la-statutes--rs-title-40--40:1472.3}

A.(1) It shall be unlawful for any person or business to acquire, sell, possess, store,
engage in the use of, or otherwise handle explosives in this state, except in conformity with
the provisions of this Part. Each manufacturer, dealer-distributor, user, blaster, or handler,
as such words are defined in R.S. 40:1472.2, shall possess a valid and subsisting license
issued by the deputy secretary. An applicant employed by a licensed manufacturer, shall be
permitted to work and to perform duties that would otherwise require a license pursuant to
this Part provided the following conditions are all met:

(a) The applicant has submitted a complete application for a handler license.

(b) The applicant has successfully completed the required training.

(c) The applicant has been drug screened and found free of controlled dangerous
substances.

(d) The applicant is found to meet the suitability requirements for licensing as
provided for in this Chapter.

(e) When the conditions in Subparagraphs (a), (b), and (c) of this Paragraph have
been fulfilled and the department has preliminarily determined the applicant to be suitable
for licensing, the department shall, within five days from receipt of application unless exigent
circumstances dictate otherwise, inform the applicant as to his provisional status to begin
work.

(f) During the period as provided for in Subparagraph (e) of this Paragraph a
currently licensed manufacturer shall be responsible to ensure the applicant performs all
activities regulated by this Chapter under their direct supervision or the supervision of a
licensed designee in their employ. Such licensee shall direct, coordinate and control all
activities of the applicant at all times while at work and shall not permit the applicant to work
independently with explosives until fully licensed by the Department of Public Safety and
Corrections.

(2) Any person who is solely engaged in the initiation of fireworks for public display
and holds a valid pyrotechnic operator license or a pyrotechnic special effects operator
license issued by the state fire marshal in accordance with R.S. 51:650 et seq. shall not be
required to obtain a blaster's license issued pursuant to this Part.

(3) License holders shall be required to receive additional training as prescribed by
the deputy secretary who shall approve all courses of instruction and all instructors of such
courses in accordance with regulations adopted pursuant to this Part.

(4) The Department of Public Safety and Corrections is authorized to inspect all
facilities under the control of an explosives licensee when the license is issued pursuant to
the provisions of this Section.

(5) Persons under twenty-one years of age who possess a blaster license issued
pursuant to the provisions of this Section shall be supervised by a licensed blaster who is at
least twenty-one years of age.

B.(1) Each manufacturer, dealer-distributor, and user shall possess a valid United
States Bureau of Alcohol, Tobacco, Firearms and Explosives, explosives license or permit.

(2) Each manufacturer, dealer-distributor, and user maintaining a Type 1, Type 2,
Type 4, or Type 5 storage magazine as defined by regulations promulgated pursuant to this
Part shall possess an additional license, as set forth in this Paragraph, for each magazine.
Type 3 portable magazines or "day boxes" used for taking detonators and other explosives
from storage magazines to the blasting area are exempt from the licensing and location
reporting requirements of this Paragraph. The department shall assign to each magazine
licensed pursuant to this Part a license number which shall be posted on the magazine in a
manner prescribed by the department. The exact location of such magazines shall be
reported to the deputy secretary in the application for such license. Any change in such
magazine locations shall be reported to the Department of Public Safety and Corrections,
explosives control unit, in advance of the actual change in a manner prescribed by the
department. Written notice of such location change shall be filed with the Department of
Public Safety and Corrections, explosives control unit and the deputy secretary, not later than
seven calendar days after such change is effected.

C.(1) Licenses shall be required for the following and the fees therefor are as
follows:

1 yr. 2 yr. 3 yr. 4 yr.

(a) Manufacturer $200 $400 $550 $700

(b) Dealer-distributor $200 $400 $550 $700

(c) User $100 $200 $250 $300

(d) Magazine $50 $100 $150 $200

(e) Blaster $50 $100 $150 $200

(f) Handler $50 $100 $125 $150

(2) License holders may renew their licenses ninety days prior to expiration. The
department shall notify license holders of the expiration of their licenses at least sixty days
prior to expiration.

(3) The nonrefundable fees in Paragraph (1) of this Subsection shall be submitted
with the license application but shall not apply to Type 3 Magazines.

D. Such licenses shall be issued by the deputy secretary for a period not to exceed
four years from the date of issuance. The department may issue blaster and handler licenses
to qualified individuals who seek such a license and who are not, at the time of application,
employed by a licensed manufacturer, dealer-distributor, or user.

E.(1) The forms of such licenses and applications shall be prescribed by the deputy
secretary and shall require a photo of the applicant as well as such other information and data
as the deputy secretary deems appropriate.

(2) To qualify for a license, an applicant shall:

(a) Make sworn application to the department. The providing of false or misleading
information in the application or any documents submitted with the application shall be
grounds for the denial or revocation of a license and shall subject the applicant to criminal
prosecution. Any license holder under this Section shall notify the department of any name
or address change within thirty days of the change. Failure to timely notify the department
of a name or address change may result in suspension of the license for up to thirty days.

(b) Agree in writing to hold harmless and indemnify the department, the state, or any
peace officer for any and all liability arising out of the issuance or use of a license issued
pursuant to this Part.

(c) Be twenty-one years of age or older, except licenses for blasters and handlers for
which an applicant shall be eighteen years of age or older to qualify.

(d) Not suffer from a mental or physical infirmity due to disease, illness, or
intellectual disability which prevents the safe handling of explosives.

(e) Not be ineligible to possess an explosives license by virtue of having been
convicted of a felony.

(f) Not have been committed, either voluntarily or involuntarily, for the abuse of a
controlled dangerous substance, as defined by R.S. 40:961 and 964, or been found guilty of
or entered a plea of guilty or nolo contendere to a misdemeanor under the laws of this state
or similar laws of any other state relating to a controlled dangerous substance within a five-year period immediately preceding the date on which the application is submitted, or be
presently charged under indictment or a bill of information for such an offense.

(g) Not have entered a plea of guilty or nolo contendere to or been found guilty of
a crime of violence as defined in R.S. 14:2 at the misdemeanor level, unless five years have
elapsed since completion of sentence or any other conditions set by the court have been
fulfilled, or unless the conviction was set aside and the prosecution dismissed prior to the
date on which the application is submitted.

(h) Not have been convicted of, have entered a plea of guilty or nolo contendere to,
or not be charged under indictment or a bill of information for any crime of violence or any
crime punishable by imprisonment for a term of one year or greater. A conviction, plea of
guilty, or plea of nolo contendere for the purposes of this Paragraph shall include a dismissal
and conviction set aside under the provisions of Code of Criminal Procedure Article 893.

(i) Not be a fugitive from justice.

(j) Not be a person whose prior activities, arrest or arrests, criminal record,
reputation, habits, and associations pose a threat to public safety.

(k) Not be an unlawful user of or addicted to marijuana, depressants, stimulants, or
narcotic drugs.

(l) Not have been adjudicated to be mentally deficient or been committed to a mental
institution.

(m) Be a legal resident of the United States.

(n) Not have been discharged from the Armed Forces of the United States with a
discharge characterized as "Under Other than Honorable Conditions", a "Bad Conduct
Discharge", or a "Dishonorable Discharge". In the case of commissioned officers and
warrant officers of the United States Armed Forces, the punishment of "Dismissal" rendered
subject to a verdict of "guilty" at a trial by military court-martial is deemed to be
disqualifying under this Paragraph. For the purposes of this Subparagraph, the United States
Coast Guard is considered an armed force.

(o) Not have a history of engaging in violent behavior. There shall be a rebuttable
presumption that an applicant has a history of engaging in violent behavior upon proof that,
within a ten-year period immediately preceding the date of the application, the applicant has
been arrested or charged on three or more occasions for any crime of violence as defined in
R.S. 14:2(B), or has been arrested or charged on two or more occasions for any crime of
violence that may be punished by death.

(p) Not have been determined by a judge of this state or any other state to be a
credible threat to the physical safety of another, nor a person who is subjected to the
provisions of an active protective order, or prohibited from possessing or receiving a firearm
by law.

(3)(a) The deputy secretary shall revoke the license if at any time during the license
period the license holder fails to satisfy any one of the qualification requirements provided
for in Paragraph (2) of this Subsection.

(b) The department shall execute a thorough background investigation, including a
criminal history records check, of every applicant for the purpose of verifying or renewing
the qualifications of the applicant pursuant to the requirements of this Section. For purposes
of this Subparagraph, a background check shall be defined as all state records of arrest,
prosecution, or conviction and all expunged information and dismissed convictions pursuant
to Code of Criminal Procedure Articles 893 and 894, as well as national records which shall
include fingerprints of the applicant and other identifying information, that shall be requested
by the department. The department shall require any current or prospective manufacturer,
dealer-distributor, user, blaster, or handler as defined in R.S. 40:1472.2 to submit to a
criminal history records check to be conducted by the Louisiana Bureau of Criminal
Identification and Information. Fingerprints and other identifying information from the
current or prospective manufacturer, dealer-distributor, user, blaster, or handler shall be
submitted to the bureau. In addition, when the department requests a national criminal
history records check, the bureau shall forward the fingerprints to the Federal Bureau of
Investigation for a national criminal history records check and shall provide the department
with the national criminal history record information of the current or prospective
manufacturer, dealer-distributor, user, blaster, or handler.

(c) Cost incurred by the department for conducting a background investigation and
criminal history records check shall be borne by the applicant.

(4)(a) Anyone who handles, moves, uses, manipulates, or otherwise detonates
explosives and does so with a blood alcohol concentration of 0.02 percent or greater by
weight of alcohol in the blood or when a blood or urine test confirms the presence of any
abused or controlled substance that has been prescribed by a licensed medical practitioner
shall constitute a violation of careless use of explosives as found in R.S. 40:1472.18 and
shall be cause for the immediate suspension of the person's explosive license issued pursuant
to this Chapter.

(b) Anyone who handles, moves, uses, manipulates, or otherwise detonates
explosives and does so with a blood alcohol concentration of 0.08 percent or greater by
weight of alcohol in the blood or when a blood or urine test confirms the presence of any
abused or controlled dangerous substance that was not prescribed by a licensed medical
practitioner shall constitute a violation of reckless use of explosives as found in R.S.
40:1472.19 and shall be cause for the person's explosives license issued pursuant to this
Chapter to be revoked for life.

(5) The tested license holder may have a physician or a qualified technician, chemist,
registered nurse, or other qualified person of his own choosing administer a chemical test or
tests in addition to any administered at the direction of a law enforcement officer. The
license holder shall be given the opportunity to telephone and request the qualified person
to administer such test.

F. Repealed by Acts 2003, No. 161, §1.

G. No license shall be issued by the deputy secretary pursuant to an application
therefor unless it shall be determined that the purpose for which the applicant seeks a license
falls within the purview of this Part and that such purpose is not violative of any other laws
of this state.

H. All explosives licensing fees collected pursuant to this Section shall be dedicated
to the Explosives Trust Dedicated Fund Account for the use of the deputy secretary in the
administration of this Part, and shall be deposited in a special account to be established in
the office of the state treasurer pursuant to the provisions of R.S. 40:1472.20.

I. It shall be unlawful for any person in an application for a license required by
Subsection A or B of this Section to knowingly make a false statement therein. Whoever is
convicted of violating the provisions of this Subsection shall be fined not less than fifteen
hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor
for not less than two years nor more than five years, or both.

J. Whoever is convicted of violating Subsection A of this Section shall be fined not
less than five thousand dollars nor more than twenty thousand dollars or imprisoned with or
without hard labor for not less than five years nor more than ten years, or both.

K. Whoever is convicted of violating Subsection B of this Section shall be fined not
less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned
with or without hard labor for not less than two years nor more than five years, or both.

L.(1) The provisions of this Part shall not apply to the use of commercially
manufactured black powder by historical and cultural reenactors sixteen years of age or older
or the acquisition and use of commercially manufactured black powder by historical and
cultural reenactors twenty-one years of age or older, who have completed the Louisiana State
Parks Black Powder Certification. The acquisition and possession of black powder shall be
limited to quantities not to exceed the following:

(a) Twenty-five pounds for historical and cultural reenactors who hold artillery
designation with a bona fide unit of historical reenactors.

(b) Five pounds for all other lawful purchasers.

(2) Persons acquiring commercially manufactured black powder in quantities in
excess of five pounds shall produce evidence of current certification from Louisiana State
Parks for participation in Louisiana historical and cultural reenactments.

(3) Black powder in excess of five pounds that is stored at a private residence shall
be reported in writing by the homeowner, occupant, or resident, as the case may be, to the
chief of a fire district or department of competent jurisdiction.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2003, No. 160, §1; Acts 2003, No. 161, §1; Acts 2003, No. 398, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1; Acts 2014, No. 1, §1, eff. April 23, 2014; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 315, §1; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 610, §1; Acts 2025, No. 424, §2.*

##### **§ 40:1472.4** Possession without license prohibited; exceptions {#sec-40-1472.4 omnilex-key=us-la-statutes--rs-title-40--40:1472.4}

A. No person shall possess an explosive unless he is the holder of a valid license required by the provisions of this Part, and possesses such explosives for the purpose set forth by the license.

B. There are hereby made the following exceptions:

(1) Contract and private carriers operating in interstate and intrastate commerce.

(2) Cultural and historical reenactors who are members of a bona fide artillery unit and who have completed the Louisiana State Parks Black Powder Certification and possess commercially manufactured black powder in quantities of twenty-five pounds or less.

C. Whoever is charged and convicted of violating Subsection A of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

*Acts 1995, No. 1139, §1; Acts 2003, No. 161, §1; Acts 2009, No. 391, §1.*

##### **§ 40:1472.5** Maintenance of records; inspection; notice of sale or delivery {#sec-40-1472.5 omnilex-key=us-la-statutes--rs-title-40--40:1472.5}

A. All explosives manufactured in this state or transported into this state for distribution or sale in this state shall be legibly identified by marking all explosive material. The marks required by this Section must identify the manufacturer and the location, date, and shift of manufacture. The manufacturer shall place on each cartridge, bag, or other immediate container of explosives manufactured for sale or distribution the required mark which shall also be placed on the outside container, if any, used for their packaging.

B. Manufacturers and dealer-distributors shall keep accurate accounts of all inventories and sales of explosives.

C. All such sales shall be evidenced by an "Explosive Bill of Sale". The manufacturer or dealer-distributor shall retain the original and shall provide one copy to the purchaser, one copy to the deputy secretary, and one copy to the explosives control unit. Such bills of sale so delivered to purchasers shall bear the name of the manufacturer or dealer-distributor and the purchaser, date of sale, quantity sold, use for which the explosive is purchased, the address of the purchaser, and the date-shift code.

D. Should the purchase of explosives occur outside the state of Louisiana, then the purchaser shall notify the Department of Public Safety and Corrections, explosives control unit, of such delivery by forwarding thereto a copy of the bill of sale or bill of lading.

E. Manufacturers and dealer-distributors shall retain all records of inventories, invoices, sales tickets, and copies thereof and shall make the same available to any peace officer of this state, and the deputy secretary or his duly authorized representative at such intervals as the secretary shall deem appropriate.

F. Each user, as defined in this Part, shall keep an accurate written inventory of all explosives possessed by him and a record of the use of such explosives in a format approved by the deputy secretary. Such inventory and record of use shall be made available to any peace officer of this state, or the deputy secretary or his duly authorized representative at such intervals as the secretary shall deem appropriate.

G. All records required to be maintained under Subsections E and F of this Section shall require approval by the deputy secretary before they may be disposed of, and shall be turned over to the Department of Public Safety and Corrections upon the termination of the operations of a business which is required to keep such records.

H. Whoever is charged and convicted of violating any provision of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

I. All sales made to historical and cultural reenactors shall bear upon the sales invoice the roster or unit number of the individuals to be assigned by the dealer-distributor, for which a current roster must be maintained by the dealer-distributor and provided to the deputy secretary annually.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.*

##### **§ 40:1472.6** Sales authorized only to licensees {#sec-40-1472.6 omnilex-key=us-la-statutes--rs-title-40--40:1472.6}

A. No manufacturer or dealer-distributor shall sell any explosive unless the purchaser thereof is duly licensed under the provisions of this Part and authorized to purchase same and the explosives are to be used by the purchaser for a purpose covered by the purchaser's license, except that the provisions of this Subsection do not apply to lawful purchases by a non-licensee or non-permittee of commercially manufactured black powder in quantities not to exceed five pounds, or twenty-five pounds by a member of a bona fide unit of historical reenactors, if the black powder is intended to be used solely for sporting, recreational or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).

B. Whoever is charged and convicted of violating Subsection A of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

*Acts 1995, No. 1139, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.*

##### **§ 40:1472.7** Reports of losses or thefts; illegal use or illegal possession {#sec-40-1472.7 omnilex-key=us-la-statutes--rs-title-40--40:1472.7}

A. Any sheriff, police department, or peace officer of this state shall give immediate notice to the deputy secretary of any losses, thefts, illegal uses, or illegal possession of explosives within the purview of this Part, coming to his attention, and shall forward a copy of his final written report to the deputy secretary. Any manufacturer, dealer-distributor, user, blaster, handler, or historical and cultural reenactor who knows that explosives in his possession have been lost, stolen, or otherwise misappropriated shall immediately notify the nearest sheriff's office or police department and the deputy secretary of such fact. In addition, each manufacturer, dealer-distributor, and user shall physically inspect all magazines at least one time every seven days to ensure security of the explosives.

B. Whoever is convicted of violating this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.*

##### **§ 40:1472.8** Promulgation of regulations {#sec-40-1472.8 omnilex-key=us-la-statutes--rs-title-40--40:1472.8}

A. The deputy secretary shall adopt, promulgate, and enforce rules and regulations setting forth minimum general standards covering manufacture, transportation including loading and unloading, use, sale, handling, and storage of explosives. The regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act and shall be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and persons possessing, handling, and using such materials and shall be in substantial conformity with generally accepted standards of safety concerning such subject matters. It is hereby declared that regulations in substantial conformity with the published rules and suggested standards of the Institute of Makers of Explosives in relation to said subject matters shall be deemed to be in substantial conformity with accepted standards of safety concerning such subject matters. All procedures with regard to the revocation, suspension, or denial of licenses shall be in accordance with the Administrative Procedure Act.

B.(1) The licensee, with the specific written approval of the deputy secretary, may use an alternate method or procedure in lieu of a method or procedure specifically prescribed in this Part and rules and regulations adopted pursuant to this Part.

(2) The deputy secretary may approve an alternate method or procedure, subject to certain conditions, when he finds that all of the following are true:

(a) Good cause is shown for the use of the alternate method or procedure.

(b) The alternate method or procedure is within the purpose of, and consistent with the effect intended by, the specifically prescribed method or procedure and that the alternate method or procedure is substantially equivalent to that specifically prescribed method or procedure.

(c) The alternate method or procedure will not be contrary to any provision of law and will not result in an increase in cost to the state of Louisiana or hinder the effective administration of this Part.

(3) When the licensee desires to employ an alternate method or procedure, he shall submit a written application to the deputy secretary. The application shall specifically describe the proposed alternate method or procedure and shall set forth the reasons for it. Alternate methods or procedures may not be employed until the application is approved by the deputy secretary. The licensee shall, during the period of authorization of an alternate method or procedure, comply with the terms of the approved application. Authorization of any alternate method or procedure may be withdrawn whenever, in the judgment of the deputy secretary, the effective administration of this Part is hindered by the continuation of the authorization. As used in this Paragraph, alternate methods or procedures include alternate construction or equipment.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.*

##### **§ 40:1472.9** Civil penalties {#sec-40-1472.9 omnilex-key=us-la-statutes--rs-title-40--40:1472.9}

A. After notice and an opportunity for a hearing held in accordance with the
Administrative Procedure Act, the deputy secretary may assess a civil penalty not to
exceed ten thousand dollars for each violation against any person he determines to
have violated any rule or regulation adopted pursuant to this Part. In determining the
amount of the penalty the deputy secretary shall take into account the nature,
circumstances, extent, and gravity of the violation, the degree of culpability of the
person violating the rule or regulation, the person's history of previous offenses, the
person's ability to pay and the effect of the penalty on his ability to continue to
operate, and any other matter that justice requires.

B. The secretary may refer any civil penalty assessed pursuant to this Section
to the attorney general for collection. Before referral for collection, the secretary may
compromise any penalty.

C. The secretary may deduct all or part of any civil penalty assessed under
the provisions of this Section from any other monies owed by the department to the
person assessed with the penalty.

D. All civil penalties collected pursuant to this Section shall be dedicated to
the Explosives Trust Dedicated Fund Account, as provided in R.S. 40:1472.20.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.*

##### **§ 40:1472.10** Denial, revocation, suspension of license {#sec-40-1472.10 omnilex-key=us-la-statutes--rs-title-40--40:1472.10}

A. A license may be revoked, suspended, or denied by the deputy secretary because of but not limited to the following:

(1) Noncompliance with any order issued by the deputy secretary.

(2) Licensee convicted of a felony.

(3) Licensee advocates or knowingly belongs to any organization or group which advocates violent overthrow of or violent action against any federal, state, or local government or institution.

(4) Licensee suffers from a mental or physical defect and in the judgment of the deputy secretary may be hazardous to himself or the public.

(5) Violation by the licensee of the terms specified on the license or essential changes in the condition under which the license was issued.

(6) Violation by the licensee of any of the provisions of this Part; however, except for violations deemed to constitute an immediate threat to public safety as provided under R.S. 40:1472.11. It shall be the policy of the deputy secretary to issue a ninety-day letter of noncompliance for such violations. Should a licensee receive two such letters of noncompliance within a period of twelve months, revocation or suspension procedures can be invoked.

(7) The giving of any false information or the making of a misrepresentation to obtain a license.

(8) Any violation of this Part deemed to constitute an immediate threat to public safety as provided in R.S. 40:1472.11.

(9) The applicant for a license is a person who is currently under investigation for, or who has been criminally charged with, terrorist activity, a crime of violence as defined in R.S. 14:2(B)(1) through (16), (18) through (23), and (25) through (30), a crime involving the possession or use of a dangerous weapon as defined in R.S. 14:2(A), or a crime involving the manufacture or distribution of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law.

B. The deputy secretary may invoke suspension of a license pending disposition of a felony charge which involves the use of explosives brought against a licensee.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2003, No. 272, §1.*

##### **§ 40:1472.11** Confiscation and disposal of explosives {#sec-40-1472.11 omnilex-key=us-la-statutes--rs-title-40--40:1472.11}

A. Upon the violation of any provision of this Part which is deemed by the deputy secretary to constitute an immediate threat to public safety, the secretary shall have the power to:

(1) Order the licensee to immediately correct such violation; or

(2) Confiscate such explosives and dispose of them in any manner deemed appropriate to insure the safety of the public.

B. Such violation shall be cause for revocation or suspension of the violator's license without the issuance of a ninety-day noncompliance letter as provided in R.S. 40:1472.10(A)(6).

C. All costs incurred in the confiscation and disposal of unsafe explosives as provided in Subsection A of this Section shall be paid by the licensee.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.*

##### **§ 40:1472.12** Unlawful storage of explosives {#sec-40-1472.12 omnilex-key=us-la-statutes--rs-title-40--40:1472.12}

A. It is unlawful to store explosives within the boundaries of the state of Louisiana unless in a storage magazine properly licensed under R.S. 40:1472.3, except that the storage of commercially manufactured black powder by historical and cultural reenactors of twenty-five pounds or less as authorized in this Part shall be stored in the factory-provided packages and boxes or in an approved day-box portable magazine.

B. Any person who violates the provisions of this Section shall upon conviction be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or be imprisoned with or without hard labor for not less than two years nor more than five years, or both.

*Acts 1995, No. 1139, §1; Acts 2009, No. 391, §1.*

##### **§ 40:1472.13** Abandonment of explosives {#sec-40-1472.13 omnilex-key=us-la-statutes--rs-title-40--40:1472.13}

A. It is unlawful to abandon explosives or blasting caps in any field, culvert, ditch, waterway, or similar place.

B. Any person who violates the provisions of this Section shall upon conviction be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or be imprisoned with or without hard labor for not less than two years nor more than five years, or both.

*Acts 1995, No. 1139, §1.*

##### **§ 40:1472.14** Injunction {#sec-40-1472.14 omnilex-key=us-la-statutes--rs-title-40--40:1472.14}

In addition to the penalties and other enforcement provisions of this Part, if a person is engaged in any of the businesses covered by this Part or any rule or regulation adopted or promulgated in pursuance thereto, the deputy secretary is authorized to resort to proceedings for injunction in the district court of the parish where such person shall reside or have his or its principal place of business, and therein apply for such temporary and permanent orders as the deputy secretary may deem necessary to restrain such person from engaging in any such businesses until such person shall have complied with the provisions of this Part and such rules and regulations.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.*

##### **§ 40:1472.15** Exceptions {#sec-40-1472.15 omnilex-key=us-la-statutes--rs-title-40--40:1472.15}

Nothing contained in this Part shall apply to the regular military forces of the United States, or to the duly organized military force of any state or territory thereof, or to police or fire departments in this state, provided they are acting within their respective official capacities and in the performance of their duties.

*Acts 1995, No. 1139, §1.*

##### **§ 40:1472.16** Municipal ordinances, rules, and regulations {#sec-40-1472.16 omnilex-key=us-la-statutes--rs-title-40--40:1472.16}

A. Nothing contained in this Part shall affect any existing ordinances, rules, and regulations pertaining to explosives of any incorporated city or town in this state which are not less restrictive than the provisions of this Part and the rules and regulations promulgated pursuant thereto, or affect, modify, or limit the power of such incorporated city or town to adopt ordinances, rules, and regulations pertaining to explosives within the respective corporate limits.

B. Every holder of a license issued by the deputy secretary shall obtain the specific approval of the explosives control unit before detonating any explosives in any congested area of the state, whether within the corporate limits of a city or town or not.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.*

##### **§ 40:1472.17** Administration of Part; personnel {#sec-40-1472.17 omnilex-key=us-la-statutes--rs-title-40--40:1472.17}

The deputy secretary is authorized to employ such persons as he may deem qualified, consistent with applicable civil service regulations, and incur such other expenses as may be required in connection with the administration of this Part.

*Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.*

##### **§ 40:1472.18** Careless use of explosives {#sec-40-1472.18 omnilex-key=us-la-statutes--rs-title-40--40:1472.18}

A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a careless or imprudent manner without regard for the hazards or circumstances in which the explosives or blasting agents are being stored, handled, disposed, transported, transferred, loaded, unloaded, or used.

B. Whoever is convicted of violating this Section shall be guilty of a misdemeanor and fined not less than five hundred dollars and not more than two thousand dollars or imprisoned for not more than ninety days.

C. Any person in possession of an explosive license issued under R.S. 40:1472.3 upon conviction shall have such license revoked for one year from date of conviction.

*Acts 1995, No. 1139, §1.*

##### **§ 40:1472.19** Reckless use of explosives {#sec-40-1472.19 omnilex-key=us-la-statutes--rs-title-40--40:1472.19}

A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a manner that endangers or could endanger human life, health, or property.

B. Whoever is convicted of violating this Section shall be guilty of a felony and fined not less than five thousand dollars nor more than twenty thousand dollars or imprisoned with or without hard labor for not less than five years nor more than ten years, or both.

*Acts 1995, No. 1139, §1.*

##### **§ 40:1472.20** Explosives Trust Dedicated Fund Account {#sec-40-1472.20 omnilex-key=us-la-statutes--rs-title-40--40:1472.20}

A. The Explosives Trust Dedicated Fund Account is hereby established as a special
statutorily dedicated fund account in the state treasury to support the efforts of the
Department of Public Safety and Corrections, office of state police, explosives control unit.
After deposit into the Bond Security and Redemption Fund, all funds collected pursuant to
R.S. 40:1472.3(H) and 1472.9(D) shall be deposited in and credited to the Explosives Trust
Dedicated Fund Account. Monies deposited into the account shall be categorized as fees and
self-generated revenue for the sole purpose of reporting related to the executive budget,
supporting documents, and general appropriation bills and shall be available for annual
appropriation by the legislature.

B. The funds as specified in Subsection A of this Section shall be appropriated by
the legislature and shall be used solely to support staffing, training, and the acquisition of
equipment necessary for the handling of incidents involving the threat of or actual use of
explosive or explosive devices which threaten the safety of the citizens of Louisiana. The
amount of money deposited out of that collected pursuant to R.S. 40:1472.3(H) and
1472.9(D) shall not exceed one million dollars annually.

*Acts 1999, No. 1202, §1; Acts 2021, No. 114, §10, eff. July 1, 2022.*

#### **PART VI** REGULATION OF TRANSPORTATION OF OIL AND OIL FIELD EQUIPMENT

##### **§ 40:1481** Purpose {#sec-40-1481 omnilex-key=us-la-statutes--rs-title-40--40:1481}

The legislature finds that the production of oil for the energy needs of the state and the nation is of vital concern and that a serious problem of theft of both the production and the means of production increases both the cost to the public and the danger to the public on the roads of the state. Therefore, the legislature imposes certain requirements upon the transportation of oil and oil field equipment.

*Added by Acts 1982, No. 550, §1.*

##### **§ 40:1482** Documentation for transport {#sec-40-1482 omnilex-key=us-la-statutes--rs-title-40--40:1482}

A. Any person in possession of crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas, or both, for transportation by motor vehicle from or to storage, disposal, processing, or refining shall possess specific documentation required by regulation of the secretary of the Department of Public Safety which substantiates his right to be in possession of the estimated volume of crude petroleum oil carried in that vehicle. The regulation shall require the documentation to include:

(1) The identity of the operator and the location of the lease from which originated the crude petroleum oil or any sediment, water, or brine produced in association with the production of oil or gas, or both, if it is purportedly being transported from a lease; and

(2) The identity of the operator of and the location of the storage facility from which or to which the crude petroleum oil or any sediment, water or brine produced in association with the production of oil or gas, or both, is being transported; and

(3) The identity of the operator of and the location of the disposal, processing, or refining facility to which the crude petroleum oil or any sediment, water, or brine produced in association with the production of oil or gas, or both, is being transported; and

(4) The estimated percentage of crude petroleum oil in the sediment, water, or brine produced in association with the production of oil or gas, or both, which is being transported; or

(5) The volume of crude petroleum oil being transported; and

(6) Any additional information the secretary finds necessary or appropriate.

B. Any common carrier transporting oil field equipment, defined as any oil or gas equipment necessary for or incidental to the drilling, production, or maintenance of an oil or gas well, shall possess specific documentation required by regulation of the secretary which substantiates his right to be transporting the equipment. Such regulation shall require the documentation to include:

(1) The equipment owner's name and address;

(2) The point of origin for transporting and the destination;

(3) The name and address of the transporter, if different from the owner;

(4) A brief description of the equipment being transported, including identification marks or numbers if they exist.

*Added by Acts 1982, No. 550, §1.*

##### **§ 40:1483** Impoundment {#sec-40-1483 omnilex-key=us-la-statutes--rs-title-40--40:1483}

A law enforcement officer may impound oil or oil field equipment and the vehicle transporting it, pending being furnished with the correct documentation or other proof of ownership or right to possession, whenever: (1) he has reasonable cause to examine the documentation; and (2) the transporter lacks it or the documentation is substantially in variance with the facts.

*Added by Acts 1982, No. 550, §1.*

#### **PART VII** REGULATION OF AMUSEMENT ATTRACTIONS AND RIDES

#### **SUBPART A** REGULATION

##### **§ 40:1484.1** Short title {#sec-40-1484.1 omnilex-key=us-la-statutes--rs-title-40--40:1484.1}

This Part shall be known and may be cited as the Amusement Rides Safety Law.

*Added by Acts 1985, No. 733, §1; Acts 2003, No. 928, §2; Acts 2016, No. 462, §2.*

##### **§ 40:1484.2** Purpose; administration and enforcement {#sec-40-1484.2 omnilex-key=us-la-statutes--rs-title-40--40:1484.2}

A. The purpose of this Part is to regulate the testing, inspection, and operation of
inflatable amusement devices, amusement attractions, and amusement rides to prohibit the
use of such devices, attractions, and rides when they have not been properly registered, have
not received a proper and timely certificate of inspection, and have not received a set-up
inspection as provided for in this Part.

B. The state fire marshal shall administer and enforce the provisions of this Part and
may promulgate rules and regulations which he considers necessary to such administration
and enforcement pursuant to the Administrative Procedure Act. In formulating necessary
rules and regulations, the state fire marshal may use recognized standards, including but not
limited to those of the ANSI, ASTM, those recognized by federal law or regulation, those
published by nationally recognized standards-making organizations, those industry standards
established by accepted practices or trade associations, or those contained in manufacturers'
installation manuals.

C. The state fire marshal has the authority to charge and collect fees as provided for
in this Part.

*Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 413, §1; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2003, No. 488, §1; Acts 2003, No. 490, §1; Acts 2005, No. 389, §1; Acts 2016, No. 462, §2.*

##### **§ 40:1484.3** Definitions {#sec-40-1484.3 omnilex-key=us-la-statutes--rs-title-40--40:1484.3}

As used in this Part, the following terms have the meanings specified in this Section
except where the context expressly indicates otherwise:

(1) "Adult amusement attraction or amusement ride" means an attraction that is not
a "child amusement attraction or amusement ride" or "kiddie amusement attraction or
amusement ride".

(2) "Amusement attraction" means any building or structure around, over, or through
which people may move or walk, without the aid of any moving device integral to the
building or structure, that provides amusement, pleasure, thrills, or excitement. "Amusement
attraction" does not include any enterprise principally devoted to the exhibition of products
of agriculture, industry, education, science, religion, or the arts.

(3) "Amusement ride" means any mechanized device or combination of devices
which carries passengers along, around, or over a fixed or restricted course for the purpose
of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" also
includes any mechanized device or combination of devices of a permanent nature even
though such device or combination of devices is subject to building regulations issued by
cities or parishes and existing applicable safety orders. "Amusement rides" also include the
following:

(a) Bungee rides or bungee operations which utilize as a component a bungee cord,
which is an elastic rope made of rubber, latex, or other elastic-type materials whether natural
or synthetic.

(b) Go-karts, which means a ride in which a vehicle is controlled or driven by
patrons on a fixed course.

(c) Any wave pool, water slide, or other similar attraction that totally or partially
immerses a patron in water.

(d) Artificial climbing walls.

(e) Zip lines.

(4) "ANSI" means the American National Standards Institute.

(5) "ASTM" means the American Society for Testing and Materials or ASTM
International.

(6) "Audit" means an official inspection of an operator's actions and documentation
as it relates to the coordination of inflatable amusement devices, amusement rides, and
amusement attractions at an event and a set-up inspector's actions, documentation, and
tagging as it relates to the set-up inspection of inflatable amusement devices, amusement
rides, and amusement attractions at an event, including each operator's and set-up inspector's
adherence to applicable statutes and rules.

(7) "Certificate of inspection" means a certificate or report prepared by a third-party
inspector pursuant to his inspection which verifies that the inflatable amusement device,
amusement attraction, or amusement ride complies with all applicable adopted laws, rules,
standards, and its corresponding manufacturer's installation manuals, maintenance and
service bulletins, and notices.

(8) "Certificate of registration" means a certificate issued by the office of state fire
marshal upon receipt of a completed registration application, valid insurance as required by
this Part, and a certificate of inspection.

(9) "Child amusement attraction or amusement ride" or "kiddie amusement attraction
or amusement ride" means an amusement attraction or amusement ride designed primarily
for use by children weighing ninety pounds or less per passenger unit.

(10) "Compliance inspection" means a type of inspection performed as deemed
necessary by the state fire marshal or his designee, usually in conjunction with an audit or
investigation, or in response to a complaint.

(11) "Employee" means a person who performs services for wages or salary from his
employer.

(12) "Event" means a private or public organized occasion, where people and
entertainment are usually present, which may be celebratory in nature and occurs at a
temporary operation location. This shall include but not be limited to fairs, festivals,
carnivals, parties, or gatherings.

(13) "Firm" means a sole proprietorship, corporation, limited liability company, or
similar type of business entity.

(14) "Fixed operation location" means an operating location wherein amusement
devices, amusement attractions, or amusement rides are operated for an indefinite period of
time and are not often disassembled and reassembled.

(15) "Inflatable amusement device" means any amusement attraction that
incorporates a structural and mechanical system that employs a high-strength fabric or film
that achieves its strength, shape, and stability by pretensioning with internal air pressure for
activities including, but not limited to bouncing, climbing, sliding, or interactive play, which
may or may not be enclosed.

(16) "Inspect" or "inspection" means the thorough physical examination and
functional testing of an inflatable amusement device, amusement attraction, or amusement
ride and its component parts necessary to ensure that the device, attraction, or ride complies
with all applicable adopted laws, rules, standards, and corresponding manufacturer's
installation manuals, maintenance and service repair bulletins, or notices.

(17) "Investigate" or "investigation" means the thorough physical examination of an
inflatable amusement device, amusement attraction, or amusement ride and its component
parts by the office of state fire marshal in response to a complaint or an accident, which may
or may not have resulted in injury or death, to determine the cause of the accident.

(18) "NAARSO" means the National Association of Amusement Ride Safety
Officials.

(19) "Operate" means to manage and coordinate an inflatable amusement device,
amusement attraction, or amusement ride at an event or a fixed operation location. The term
includes management or coordination which may or may not be performed by the owner of
the inflatable amusements device, amusement attraction, or amusement ride.

(20) "Operator" means a person or firm who may or may not own the inflatable
amusements devices, amusement attractions, or amusement rides who is managing,
coordinating, or has the duty to control the operation of the inflatable amusements devices,
amusement attractions, or amusement rides at an event or a fixed operation location.

(21) "Owner" means a person or firm, or the agent of a person or firm, who owns an
amusement attraction, amusement ride, or more than two inflatable amusement devices, and
at least one of the person's or firm's inflatable amusement devices, amusement attractions,
or amusement rides is utilized in this state.

(22) "Ride operator" means the person or persons responsible for directly
supervising, monitoring, and attending to the inflatable amusement device, amusement
attraction, or amusement ride, including but not limited to collecting tickets or money,
ensuring the appropriate number of patrons are boarding and deboarding a ride, ensuring
riders are the appropriate height, latching and securing passengers, operating a ride, starting
and stopping a ride, and monitoring patrons' activities during a ride's operation to ensure their
safety.

(23) "Set-up inspection" means a review of all necessary documents, including
service and repair documents, the observation of and examination of the assembly, set-up,
and operation of an inflatable amusement device, amusement attraction, or amusement ride,
and an inspection of the foundation, blocking, fuel containers, and mechanical and electrical
conditions of such a device, attraction, or ride.

(24) "Set-up inspector" means the person licensed by the office of state fire marshal
to conduct the set-up inspection prior to the opening of an amusement attraction or prior to
the operation of an inflatable amusement device or amusement ride at each event.

(25) "Temporary operation location" means an operating location where inflatable
amusement devices, amusement attractions, or amusement rides are operated for a finite
period of time not to exceed thirty days.

(26) "Testing" means the set-up and activation of an inflatable amusement device,
amusement attraction, or amusement ride for the purpose of analyzing such device,
attraction, or ride and its component parts for safety. This may be done in conjunction with
an inspection.

(27) "Third-party inspector" means a person licensed by the office of state fire
marshal to test and inspect inflatable amusement devices, amusement attractions, and
amusement rides.

*Added by Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.4** Registration of inflatable amusement devices, amusement attractions, and amusement rides; requirements {#sec-40-1484.4 omnilex-key=us-la-statutes--rs-title-40--40:1484.4}

A. Any owner of an inflatable amusement device, amusement attraction, or
amusement ride shall register each of his inflatable amusement devices, amusement
attractions, or amusement rides with the office of state fire marshal prior to its use in this
state. An owner shall renew the registration each year for each inflatable amusement device,
amusement attraction, or amusement ride being used in this state.

B. To register the inflatable amusement device, amusement attraction, or amusement
ride, the owner shall submit all of the following to the office of state fire marshal for
approval:

(1) A registration application.

(2) A certificate of inspection dated no earlier than sixty days prior to the date of
submission of a registration application.

(3) A copy of the general liability insurance in which all inflatable amusement
devices, amusement attractions, or amusement rides being registered are listed on the
submitted insurance declaration page.

C. Upon approval by the state fire marshal, a certificate of registration shall be issued
as follows:

(1) Initial registration. Initial registration can occur at any time. A registration plate
shall be issued bearing a permanent registration number. The registration plate shall be
permanently affixed to the inflatable amusement device, amusement attraction, or
amusement ride in a conspicuous location.

(2) Annual registration renewal. A decal bearing the month and year of the annual
renewal shall be issued and affixed to the plate to indicate its current registration with the
state fire marshal.

D. An owner shall notify the office of state fire marshal if a plate or decal is lost or
damaged. Any plate or decal that is lost or damaged shall be decommissioned. Prior to
receiving a new plate or decal, the owner shall return the damaged plate or decal to the office
of state fire marshal and pay the required fee. The fee to replace a lost or damaged plate or
decal is thirty dollars.

*Added by Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 347, §§1, 2, eff. June 16, 1999; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2003, No. 465, §1; Acts 2003, No. 488, §1; Acts 2003, No. 490, §1; Acts 2004, No. 640, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.5** Third-party inspection of inflatable amusement devices, amusement attractions, and amusement rides; certificate of inspection required; cease and desist orders {#sec-40-1484.5 omnilex-key=us-la-statutes--rs-title-40--40:1484.5}

A. Except for the purpose of testing, training, or inspection, no inflatable amusement
device, amusement attraction, or amusement ride shall be operated in this state without a
current certificate of registration, valid registration plate, and registration decal issued by the
office of state fire marshal.

B.(1) Each inflatable amusement device, amusement attraction, or amusement ride
shall be inspected by a third-party inspector for safety and subjected to nondestructive
testing, according to the manufacturer's recommendations, if any, at least annually, in
accordance with ASTM-F-24, as promulgated by the state fire marshal in conformity with
the Administrative Procedure Act, and other applicable standards, regulations, manuals,
manufacturers' specifications, service bulletins, and notices.

(2) Upon completion of each inspection as required in this Section, the third-party
inspector shall submit a certificate of inspection to the office of state fire marshal and the
owner. The certificate shall be valid for not more than twelve months from the date of
issuance.

(3) If the third-party inspection shows that an inflatable amusement device,
amusement attraction, or amusement ride does not comply with all relevant provisions of this
Part and the adopted standards, regulations, and applicable manuals, service bulletins, and
notices, the third-party inspector shall notify and submit the findings to the state fire marshal
within ten days of the inspection. The office of state fire marshal shall issue a cease and
desist order to the operator or owner indicating that operation of the inflatable amusement
device, amusement attraction, or amusement ride, which does not comply, is to immediately
cease in the state. The state fire marshal shall lift any cease and desist order and issue
registration plates or registration decals, if applicable, for the inflatable amusement devices,
amusement attractions, or amusement rides only when the deficiencies have been remedied
to the satisfaction of a third-party inspector and proof of satisfaction is submitted to and
approved by the state fire marshal.

*Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 347, §1, eff. June 16, 1999; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.6** Operation of amusement rides and amusement attractions; notice; changes in schedule; certain required annual inspections; fines {#sec-40-1484.6 omnilex-key=us-la-statutes--rs-title-40--40:1484.6}

A. At least five days prior to commencing operation of any amusement ride or
amusement attraction, except for the purpose of testing, training, and inspection, the operator
shall give written or electronic notification to the office of state fire marshal of his intent to
commence operation of the amusement ride or amusement attraction.

B.(1) Any operator who gives written or electronic notification to the office of state
fire marshal of his intent to commence operation of the amusement ride or amusement
attraction fewer than five days prior to commencing operation shall be fined as follows:

(a) Fifty dollars per ride or attraction for the first offense.

(b) Seventy-five dollars per ride or attraction for the second offense.

(c) Two hundred dollars per ride or attraction for the third offense.

(d) Two hundred fifty dollars per ride or attraction for each additional offense
thereafter.

(2) In determining the number of offenses that have occurred, only offenses
occurring over the three-year period preceding the offense at issue shall be considered.

C. If, after the notification, the operator changes his schedule of locations or dates,
he shall immediately notify the office of state fire marshal of the change. An operator shall
pay a fine of two hundred fifty dollars for any change in schedule of location or date that
occurs less than five days prior to the commencement of operation of the amusement ride or
amusement attraction.

D. Prior to operating any new amusement ride or amusement attraction, the operator
shall notify the office of state fire marshal of his intent to commence operation, but shall not
operate the amusement ride or amusement attraction until the owner has registered the
amusement ride or amusement attraction as required in this Part.

E.(1) The state fire marshal or his designee may inspect all amusement rides or
amusement attractions operating in the state at least once during the duration of the event at
which the amusement ride or amusement attraction is being operated.

(2) During an office of state fire marshal inspection or audit, the operator shall
submit to the state fire marshal or his designee the set-up inspection report and any other
documentation relating to the set-up inspection or an annual inspection.

(3) In the case of amusement rides or amusement attractions operating at a fixed
operation location, the state fire marshal or his designee shall inspect the amusement rides
or amusement attractions no more than once annually, except in furtherance of an
investigation arising from a reported ride accident or pursuant to a complaint. The inspection
is to ensure compliance with the provisions of this Part and adopted standards, rules,
regulations, and applicable manuals, service bulletins, and notices.

(4) The state fire marshal or his designee has free access to any premises in the state
where an amusement ride or amusement attraction is being installed, built, repaired, or
operated for the purpose of ascertaining whether such amusement ride or amusement
attraction is being installed, built, repaired, or operated in accordance with the provisions of
this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins,
and notices.

F. The state fire marshal or his designee has the authority to publish a listing of all
noncompliant operators and make such list available to the public upon written demand.

*Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.7** Operation of inflatable amusement devices; notice; changes in schedule; fines {#sec-40-1484.7 omnilex-key=us-la-statutes--rs-title-40--40:1484.7}

A. At least five days prior to commencing operation of any inflatable amusement
device, except for the purpose of testing, training, and inspection, the operator shall give
written or electronic notification to the office of state fire marshal of his intent to commence
operation of the inflatable amusement device.

B.(1) Any operator who gives written or electronic notification to the office of state
fire marshal of his intent to commence operation of the inflatable amusement device fewer
than five days prior to commencing operation shall be fined as follows:

(a) Twenty-five dollars per ride or attraction for the first offense.

(b) Fifty dollars per ride or attraction for the second offense.

(c) One hundred fifty dollars per ride or attraction for the third offense.

(d) Two hundred dollars per ride or attraction for each additional offense thereafter.

(2) In determining the number of offenses that have occurred, only offenses
occurring over the three-year period preceding the offense at issue shall be considered.

C. If, after the notification, the operator changes his schedule of locations or dates,
he shall immediately notify the office of state fire marshal of the change. An operator shall
pay a fine of two hundred dollars for any change in schedule of location or date that occurs
less than five days prior to the commencement of operation of the inflatable amusement
device.

D. Prior to operating any new inflatable amusement device, the operator shall notify
the office of state fire marshal of his intent to commence operations, but shall not operate the
inflatable amusement device until the owner has registered the inflatable amusement device
as required in this Part.

E.(1) The fire marshal or his designee may inspect all inflatable amusement devices
operating in this state during the duration of the event at which the inflatable amusement
device is being operated.

(2) During an office of state fire marshal inspection or audit, the operator shall
submit to the state fire marshal or his designee the set-up inspection report and any other
documentation relating to the set-up inspection or an annual inspection.

(3) In the case of inflatable amusement devices operating at a fixed operation
location, the fire marshal or his designee shall inspect the inflatable amusement devices no
more than once annually, except in furtherance of an investigation arising from a reported
ride accident or pursuant to a complaint. The inspection is to ensure compliance with the
provisions of this Part and adopted standards, rules, regulations, and applicable manuals,
service bulletins, and notices.

(4) The state fire marshal or his designee has free access to any premises in the state
where an inflatable amusement device is being installed, built, repaired, or operated for the
purpose of ascertaining whether such inflatable amusement device is being installed, built,
repaired, or operated in accordance with the provisions of this Part and adopted standards,
rules, regulations, and applicable manuals, service bulletins, and notices.

F. The provisions of this Part apply only to inflatable amusement devices which are
all of the following:

(1) Open to public.

(2) Located on grounds other than those of a one- or two-family dwelling.

(3) Co-located with other inflatable amusement devices, attractions, or rides
governed by this Part.

G. The state fire marshal or his designee has the authority to publish a listing of all
noncompliant operators and make such list available to the public upon written demand.

*Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.8** Set-up inspection; requirements; notification to the fire marshal {#sec-40-1484.8 omnilex-key=us-la-statutes--rs-title-40--40:1484.8}

A. An operator shall have a set-up inspection conducted on all inflatable amusement
devices, amusement attractions, and amusement rides at least once prior to their operation
at each event in the state.

B. The set-up inspection may be conducted by a third-party inspector or an employee
of the operator of the inflatable amusement device, amusement attraction, or amusement ride
who is specially trained to perform a set-up inspection.

C. If an inflatable amusement device, amusement attraction, or amusement ride is
in compliance pursuant to the findings of a set-up inspection and corresponding adopted rules
and regulations, the third-party inspector or set-up inspector shall affix a tag to the inflatable
amusement device, amusement attraction, or amusement ride.

D. If an inflatable amusement device, amusement attraction, or amusement ride is
not in compliance pursuant to the findings of a set-up inspection and corresponding adopted
rules and regulations, a third-party inspector or set-up inspector shall cease operation of the
inflatable amusement device, amusement attraction, or amusement ride and notify the office
of state fire marshal within two hours of the determination, and tag it accordingly.

E. The office of state fire marshal shall specifically adopt rules and regulations in
accordance with the Administrative Procedure Act for enforcement of this Section.

*Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.9** License required to inspect inflatable amusement devices, amusement attractions, and amusement rides; prohibitions {#sec-40-1484.9 omnilex-key=us-la-statutes--rs-title-40--40:1484.9}

A. A person or firm shall not engage in the testing or inspection of an inflatable
amusement device, amusement attraction, or amusement ride for the purpose of providing
an annual third-party inspection as required by this Part, unless the person or firm holds a
current and valid license issued by the state fire marshal as provided in this Part.

B. No person or firm shall aid, abet, facilitate, or otherwise assist any unlicensed
person or firm in the engagement of any testing or inspecting of an inflatable amusement
device, amusement attraction, or amusement ride when such person or firm knew or should
have known the latter person or firm was unlicensed.

C. A person or firm shall not test or inspect an inflatable amusement device,
amusement attraction, or amusement ride if such person or firm is also the owner or operator
of the same.

*Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2005, No. 389, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.10** Third-party inspector; educational and certification requirements {#sec-40-1484.10 omnilex-key=us-la-statutes--rs-title-40--40:1484.10}

A third-party inspector shall not engage in third-party inspections as described in R.S.
40:1484.5 unless the inspector is one of the following:

(1) A licensed engineer experienced in materials testing.

(2) Currently certified by NAARSO with a Level 1 or greater certification.

(3) Currently certified with an equivalent to NAARSO Level 1 or greater
certification as determined by rules promulgated by the state fire marshal pursuant to this
Part.

*Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §2; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.11** License required to operate inflatable amusement devices, amusement rides, and amusement attractions; service and repairs by owners; prohibitions {#sec-40-1484.11 omnilex-key=us-la-statutes--rs-title-40--40:1484.11}

A. A person or firm, not to include a ride operator as defined in this Part, shall not
engage in the operation of an inflatable amusement device, amusement attraction, or
amusement ride unless the person or firm holds a current and valid license issued by the state
fire marshal as provided in this Part.

B. No person or firm shall aid, abet, facilitate, or otherwise assist any unlicensed
person or firm in the operation of an inflatable amusement device, amusement attraction, or
amusement ride when the person or firm knew or should have known the latter person or
firm was unlicensed.

C. The state fire marshal may, by rule, allow the owner of an inflatable amusement
device, amusement attraction, or amusement ride, or an employee of the owner, to perform
minor service and repairs of the inflatable amusement device, amusement ride, or amusement
attraction. The owner shall document such service or repair and assume responsibility for
all such service or repair.

*Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1999, No. 413, §1; Acts 2000, 1st Ex. Sess., No. 59, §2; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.12** Exemptions from licensure {#sec-40-1484.12 omnilex-key=us-la-statutes--rs-title-40--40:1484.12}

The requirements of licensure as provided in this Part are not applicable to an officer
or employee of the United States, this state, or any political subdivision of either, while
engaged in the performance of his official duties within the course and scope of his
employment with the United States, this state, or any political subdivision of either.

*Added by Acts 1985, No. 733, §1; Acts 2016, No. 462, §2.*

##### **§ 40:1484.13** Application for firm license; third-party inspection firm license; operating firm license; requirements to maintain; prohibitions; penalties {#sec-40-1484.13 omnilex-key=us-la-statutes--rs-title-40--40:1484.13}

A. To engage in the inspection or operation of an inflatable amusement device,
amusement attraction, or amusement ride, a firm shall apply for and obtain a license and the
respective relevant endorsement for inspection or operation. The inspection endorsement
authorizes the licensee to conduct any necessary testing.

B. An applicant for a third-party inspection firm license shall submit all of the
following to the state fire marshal:

(1) A completed firm application including the names of all owners, managers, or
members.

(2) Documentation that the firm is an entity duly authorized to conduct business
within this state. If the firm is physically located in Louisiana, documentation shall be in the
form of a local or parish occupational license, if such license exists, and if incorporated, a
certificate of good standing issued by the secretary of state. If the firm is physically located
outside of the state, documentation shall be in the form of a certificate of good standing
issued by the secretary of state as a foreign corporation including the name of the firm's
registered agent of service.

(3) An original certificate of insurance documenting that the firm has general liability
coverage in a minimum amount of one million dollars.

(4) An original certificate of insurance documenting that the firm has "Errors and
Omissions" coverage in a minimum amount of one million dollars.

(5) An original certificate of insurance documenting that the firm has a current and
valid worker's compensation insurance policy as required by state law.

(6) The name of the person who will serve as the contact for the firm.

(7) The application fee authorized by this Part.

(8) Proof of employment of a qualified individual with proper certification and
training at each of its operating locations.

C. An applicant for an operating firm license shall submit the following to the state
fire marshal:

(1) A completed firm application including the names of all owners, managers, or
members.

(2) An original certificate of insurance documenting that the firm has general liability
coverage in a minimum amount of one million dollars and in which all inflatable amusement
devices, amusement attractions, or amusement rides subject to coverage are listed on the
declarations page.

(3) An original certificate of insurance documenting that the firm has a current and
valid workers' compensation insurance policy as required by state law.

(4) The name of the person who will serve as the contact for the firm.

(5) The application fee authorized by this Part.

D. As a condition of licensure, each firm shall be open for inspection by the state fire
marshal or his designated representative at any reasonable time for the purpose of
observation and collection of facts and data relating to proper enforcement of this Part. No
person acting on behalf of the firm shall refuse to admit the state fire marshal or his
designated representative to an operating location or its business location where the firm
keeps records. A firm physically located outside of Louisiana may be charged for the travel
expenses of the state fire marshal to conduct such an inspection.

E. As a further condition of licensure, the acceptance of a license by a firm is deemed
as the firm's consent to submit to reasonable requests for documentation by the state fire
marshal or his designated representatives and to cooperate in a lawful investigation by the
office of state fire marshal. A firm refusing to cooperate with any lawful investigation by the
office of state fire marshal is subject to any applicable penalty as provided in this Part,
including suspension or revocation of a license.

F. Each firm shall clearly display its license in a conspicuous location at its place of
business.

G. The firm shall notify the state fire marshal within ten days of the following:

(1) A change in the business address of the firm.

(2) A change in ownership of or interest in the firm.

(3) The termination of a licensed employee.

*Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.14** Application for an individual license; requirements to maintain; prohibitions; penalties {#sec-40-1484.14 omnilex-key=us-la-statutes--rs-title-40--40:1484.14}

A. To engage in the inspection or operation of an inflatable amusement device,
amusement attraction, or amusement ride, an individual shall apply for and obtain a license
and the respective relevant endorsement for inspection or operation. The inspection
endorsement authorizes the licensee to conduct any necessary testing. Each individual license
holder shall maintain his license on his person while engaging in any such activity and
present his license for inspection upon demand of any employee of the office of state fire
marshal, a fire department, or any law enforcement officer.

B. As a condition of licensure, the acceptance of a license by an individual is deemed
as the individual's consent to submit to reasonable requests for documentation by the office
of state fire marshal or his designated representatives and to cooperate in a lawful
investigation by the office of state fire marshal. Any person refusing to cooperate with any
lawful investigation by the office of state fire marshal is subject to any applicable penalty as
described in this Part, including suspension or revocation of a license.

C. Each individual license holder shall notify the state fire marshal, as specified by
the state fire marshal, within ten days of the following:

(1) A change in business or home address.

(2) A separation from an employer or change in employer.

D. An individual licensed as provided in this Section shall not contract his services
as an independent contractor or agent with any other firm, whether such firm is engaged in
testing, inspection, or operation.

E. An individual licensed as provided in this Section shall meet all certification,
continuing education, training, and testing requirements as established by this Part and
related adopted rule or regulation.

*Acts 2005, No. 389, §1; Acts 2016, No. 462, §2.*

##### **§ 40:1484.15** Set-up inspection; license endorsement {#sec-40-1484.15 omnilex-key=us-la-statutes--rs-title-40--40:1484.15}

A. To perform the set-up inspection of an inflatable amusement device, amusement
attraction, or amusement ride, an individual shall apply for and obtain a license and a set-up
inspection endorsement which authorizes its holder to perform the set-up inspection.

B. Third-party inspectors, as licensed by this Part, may perform set-up inspections
as required by this Part, under their third-party inspector endorsement.

C. Employees of the operators of an inflatable amusement device, amusement
attraction, or amusement ride may become licensed as specified by this Part to perform the
set-up inspection of an inflatable amusement device, amusement attraction, or amusement
ride owned or operated by his employer.

D. In conformity with the Administrative Procedure Act, the state fire marshal shall
promulgate rules for qualifications, including required training, for the administration and
enforcement of this Section.

*Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.16** Powers and duties of the state fire marshal {#sec-40-1484.16 omnilex-key=us-la-statutes--rs-title-40--40:1484.16}

The state fire marshal shall:

(1) Formulate and administer such rules as may be determined essentially necessary
for the enforcement of this Part.

(2) Evaluate the qualifications of firms or persons applying for or maintaining a
license pursuant to this Part.

(3) Have authority to set qualifications and fitness of applicants for a license as
provided in this Part, which may include conducting examinations.

(4) Issue full or provisional licenses to firms and persons meeting the qualifications
established by this Part.

(5) Have authority, after notice and opportunity for hearing, to increase or decrease
the limits of insurance coverage and authorize acceptance of surplus lines coverage if the
state fire marshal determines that due to loss experience, market conditions, or other good
reason, the liability insurance coverage required by this Part is unavailable to applicants for
or holders of licenses.

(6) Have authority to conduct inspections of licensed firms, whether in state or out
of state, for the purpose of observation and collection of facts and data relating to proper
enforcement of this Part.

(7) Conduct inspections and perform audits to ensure compliance with this Part and
investigate at reasonable times, and within reasonable limits and manner, inflatable
amusement devices, amusement attractions, or amusement rides in any area where they are
assembled, maintained, stored, serviced, or in use. The state fire marshal or his designee,
upon presenting credentials to an owner or operator, is authorized to act as described in this
Paragraph without prior notice.

(8) Employ such persons as he may deem qualified, consistent with applicable civil
service regulations, and incur expenses as may be necessary in connection with the
administration of this Part.

(9) Investigate all written complaints lodged against firms or individuals alleged to
have violated provisions of this Part or related promulgated rules and pursue administrative
action against the firms or individuals.

(10) Investigate all accidents related to an inflatable amusement device, amusement
attraction, or amusement ride resulting in injury or death, or as requested by an operator,
customer, patron, rider, or user.

*Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.17** Notice; hearing; revocation of certificate or license {#sec-40-1484.17 omnilex-key=us-la-statutes--rs-title-40--40:1484.17}

Licenses, as provided for in this Part, may be revoked or suspended after notice and
hearing in accordance with the Administrative Procedure Act and upon a finding that a
person or firm acted in any of the following manners:

(1) Willfully violated any provision of this Part or any rule, regulation, or adopted
order.

(2) Used deceit or false or misleading information to obtain any certificate or license
pursuant to this Part.

(3) Demonstrated professional incompetence or gross negligence.

(4) Assisted any person attempting to evade the provisions of this Part or any related
adopted rules or regulations.

*Acts 2016, No. 462, §2.*

##### **§ 40:1484.18** Fees; required renewal; penalties {#sec-40-1484.18 omnilex-key=us-la-statutes--rs-title-40--40:1484.18}

A. The fire marshal is authorized to assess and collect fees as provided in this Part.

B. Fees for the registration of each inflatable amusement device, amusement
attraction, or amusement ride are as follows:

(1) Initial Registration Fee:

(a) Inflatable amusement device: $100.00

(b) Child or "Kiddie" amusement attraction or amusement ride: $100.00

(c) Adult amusement attraction or amusement ride: $200.00

(2) Annual Renewal Fee:

(a) Inflatable amusement device: $100.00

(b) Child or "Kiddie" amusement attraction or amusement ride: $100.00

(c) Adult amusement attraction or amusement ride: $200.00

C. The licensing fees for a firm are as follows:

(1) Initial Fee:

(a) Inspection endorsement: $500.00

(b) Operation endorsement: $500.00

(2) Renewal Fee:

(a) Inspection endorsement: $100.00

(b) Operation endorsement: $100.00

D. The licensing fees for an individual's license are as follows:

(1) Initial Fee:

(a) Third-party inspector endorsement: $250.00

(b) Operator or Owner endorsement: $250.00

(c) Set-up inspector endorsement: $250.00

(2) Renewal Fee:

(a) Third-Party inspector endorsement: $50.00

(b) Operator or Owner endorsement: $50.00

(c) Set-up inspector endorsement: $50.00

E. All licenses are valid for one year, unless a multi-year license is created, and shall
be renewed by the license holder within the thirty days prior to the license expiration date.
The state fire marshal may create a prorated fee system to allow employee license renewal
dates to coincide with the firm license renewal date.

F. Any license not renewed within the thirty days prior to its expiration date is past
due for renewal and subject to late fees. The license holder shall pay a late fee penalty of
twenty-five dollars for a license renewed within the first forty-five days past the license
expiration date. The license holder shall pay a late fee penalty of fifty dollars for a license
renewed between forty-six and sixty days past the license expiration date.

G. The state fire marshal shall suspend a license if the license is not renewed within
sixty days past its expiration date or if the license holder has not maintained the license. The
cost to reinstate a suspended license is the cost of the respective license holder's initial fee
plus twenty dollars.

H. The cost for a duplicate or replacement firm or individual license is twenty
dollars, regardless of how many endorsements are carried.

I. The cost to transfer an individual license from one firm to another is twenty
dollars.

J. The fees established in this Section are not refundable, except when certain
conditions apply as the state fire marshal may establish.

K. There are no fees associated with any inspections and audits performed by the
office of state fire marshal, unless otherwise indicated by this Part.

L. All fees collected pursuant to this Part shall be used exclusively for the operation
and maintenance of the amusement rides and safety division within the office of state fire
marshal, code enforcement and building safety.

*Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.19** Prohibited acts; operator {#sec-40-1484.19 omnilex-key=us-la-statutes--rs-title-40--40:1484.19}

No person or firm shall do any of the following:

(1) Engage in the operation of an inflatable amusement device, amusement
attraction, or amusement ride without a valid license issued as provided in this Part.

(2) Aid and abet an unlicensed individual, employee, or firm in the testing,
inspection, or operation of an inflatable amusement device, amusement attraction, or
amusement ride without a valid license.

(3) Operate an inflatable amusement device, amusement attraction, or amusement
ride contrary to manufacturer's specifications or codes or standards adopted in rules
promulgated by the state fire marshal without specific written authorization from the office
of state fire marshal.

(4) Submit an application or any other document to the office of state fire marshal
when the person reasonably should have known the document contained false or misleading
information.

(5) Engage in false, misleading, or deceptive acts or practices.

(6) Fail to maintain a valid license as required by this Part.

(7) Fail to maintain a valid insurance policy as required by this Part.

(8) Refuse to admit the state fire marshal or his designated representative to any
operating location or refuse to cooperate in the purposes of such admittance as required by
this Part.

(9) Fail to maintain his license on his person and present it for inspection as required
by this Part.

(10) Refuse to cooperate with any lawful investigation by the office of state fire
marshal.

(11) Fail to abide by the administrative rules promulgated pursuant to this Part.

*Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.20** Prohibited acts; third-party inspector {#sec-40-1484.20 omnilex-key=us-la-statutes--rs-title-40--40:1484.20}

No person or firm shall do any of the following:

(1) Engage in the inspection or testing of an inflatable amusement device,
amusement ride, or amusement attraction without a valid license issued as provided in this
Part.

(2) Aid and abet an unlicensed operator in the operation of an inflatable amusement
device, amusement attraction, or amusement ride.

(3) Aid and abet an unlicensed individual or firm in the inspection or testing of an
inflatable amusement device, amusement ride, or amusement attraction.

(4) Certify, test, or inspect an inflatable amusement device, amusement attraction,
or amusement ride contrary to the provisions of this Part and adopted standards, regulations,
and applicable manuals, service bulletins, and notices.

(5) Submit an application or any other document to the office of state fire marshal
when the third-party inspector reasonably should have known the document contained false
or misleading information.

(6) Engage in false, misleading, or deceptive acts or practices.

(7) Fail to maintain a valid license as required by this Part.

(8) Fail to maintain a valid insurance policy as required by this Part.

(9) Refuse to admit the state fire marshal or his designated representative to any
operating location or refuse to cooperate in the purposes of such admittance as required by
this Part.

(10) Fail to maintain his license on his person and present it for inspection as
required by this Part.

(11) Refuse to cooperate with any lawful investigation by the office of state fire
marshal.

(12) Fail to abide by the administrative rules promulgated pursuant to this Part.

*Acts 2016, No. 462, §2.*

##### **§ 40:1484.21** Prohibited acts; set-up inspector {#sec-40-1484.21 omnilex-key=us-la-statutes--rs-title-40--40:1484.21}

No person or firm shall do any of the following:

(1) Engage in the set-up inspection of an inflatable amusement device, amusement
ride, or amusement attraction without a valid license issued as provided in this Part.

(2) Aid and abet an unlicensed operator in the operation of an inflatable amusement
device, amusement ride, or amusement attraction.

(3) Certify or inspect inflatable amusement devices, amusement rides, or amusement
attractions contrary to the provisions of this Part and adopted standards, regulations, and
applicable manuals, service bulletins, and notices.

(4) Submit an application or any other document to the office of state fire marshal
when the person or firm reasonably should have known the document contained false or
misleading information.

(5) Engage in false, misleading, or deceptive acts or practices.

(6) Fail to maintain a valid license as required by this Part.

(7) Refuse to admit the state fire marshal or his designated representative to any
operating location or refuse to cooperate in the purposes of such admittance as required by
this Part.

(8) Fail to maintain his license on his person and to present it for inspection as
required by this Part.

(9) Refuse to cooperate with any lawful investigation by the office of state fire
marshal.

(10) Fail to abide by the administrative rules promulgated pursuant to this Part.

*Acts 2016, No. 462, §2.*

##### **§ 40:1484.22** Notice of violation of standard; cease and desist order {#sec-40-1484.22 omnilex-key=us-la-statutes--rs-title-40--40:1484.22}

A. If after an inspection, investigation, or audit of any inflatable amusement device,
amusement ride, or amusement attraction, the office of state fire marshal determines that the
respective device, ride, or attraction is in violation of any standard promulgated pursuant to
the provisions of this Part, and that there may be a substantial probability of death or physical
injury to the public from its continued use, a notice of violation may be given to both the
owner and operator of the device, ride, or attraction, and a red tag shall be attached to the
device, ride, or attraction. The attached red tag constitutes a cease and desist order.

B. After the red tag is attached, the use of the inflatable amusement device,
amusement ride, or amusement attraction is prohibited. The red tag shall not be removed
until the device, ride, or attraction is made safe for public use, in accordance with R.S.
40:1484.5(B)(3), and the required safeguards are provided. The tag shall not be removed
except by the state fire marshal or his designee.

*Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.23** Insurance; bond {#sec-40-1484.23 omnilex-key=us-la-statutes--rs-title-40--40:1484.23}

A. No operator shall operate an amusement attraction or amusement ride unless the
operator has either of the following:

(1) An insurance policy in an amount of not less than one million dollars insuring
the operator against liability for injury suffered by persons riding the amusement attraction
or ride.

(2) A bond in a like amount, provided the aggregate liability of the surety of any such
bond shall not exceed the face amount.

B. A certificate verifying coverage shall be filed with the office of state fire marshal,
code enforcement and building safety.

C. In the event of cancellation of the policy or bond, the office of state fire marshal
shall be notified by either the insurer or the bond holder no later than ten days prior to
cancellation.

D. Upon request, the operator shall provide to any sponsor, lessor, landowner, or
other person responsible for the offering of an amusement ride or attraction for public use
a copy of the required insurance policy or bond and the certificate of registration issued by
the state fire marshal.

E. The provisions of this Section shall also apply to operators of inflatable
amusement devices. However, the policy of liability insurance or bond amount required of
such operators shall be in an amount of not less than three hundred thousand dollars.

*Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.24** Violations and penalties; cease and desist order; injunctive relief {#sec-40-1484.24 omnilex-key=us-la-statutes--rs-title-40--40:1484.24}

A. If the state fire marshal finds that any person, operator, inspector, or firm has
violated any provision of this Part or any regulation, rule, or issued order, he may impose
upon that person, operator, inspector, or firm a fine in an amount not to exceed five thousand
dollars for each violation. Each day on which the violation occurs is considered a separate
offense.

B.(1) In addition to or in lieu of administrative sanctions and civil penalties provided
in this Part, the state fire marshal is empowered to issue an order to any person, operator,
inspector, or firm engaged in any activity, conduct, or practice constituting a violation of any
provision of this Part, directing the person, operator, inspector, or firm to cease and desist
from the activity, conduct, or practice. The order shall be issued in the name of the state of
Louisiana under the official seal of the state fire marshal.

(2) If the person, operator, inspector, or firm to whom the state fire marshal directs
a cease and desist order does not cease and desist the prohibited activity, conduct, or practice
immediately after service of the cease and desist order by certified mail or personal service,
the state fire marshal may seek, in any court of competent jurisdiction and proper venue, a
writ of injunction enjoining the person, operator, inspector, or firm from engaging in any
activity, conduct, or practice prohibited by this Part.

(3) Upon a proper showing by the state fire marshal that a person, operator,
inspector, or firm has engaged in any activity, conduct, or practice prohibited by this Part,
the court shall issue a temporary restraining order restraining the person, operator, inspector,
or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a
preliminary injunction, and in due course a permanent injunction shall be issued after a
hearing, commanding the cessation of the unlawful activity, conduct, or practices.

(4) A temporary restraining order, preliminary injunction, or permanent injunction
issued as provided in this Part is not subject to being released upon bond.

(5) In the suit for an injunction, the state fire marshal may demand of the defendant
a penalty of fifty dollars per day for each violation, reasonable attorney fees, and court costs.
Judgment for penalty, attorney fees, and court costs may be rendered in the same judgment
in which the injunction is made final.

C. In addition to the foregoing provisions, the state fire marshal may assess civil
penalties attributable to the operator of an inflatable amusement device, amusement ride, or
amusement attraction to the owner or lessee of the site on which the inflatable amusement
device, amusement attraction, or amusement ride is located, if the owner or lessee of the site
failed to reasonably determine that the operator of the inflatable amusement device,
amusement ride, or amusement attraction is in proper compliance with the requirements of
this Part.

D. Procedures for the imposition of fines and appeals of such fines shall be governed
in accordance to the Administrative Procedure Act.

*Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.*

##### **§ 40:1484.25** Exemptions {#sec-40-1484.25 omnilex-key=us-la-statutes--rs-title-40--40:1484.25}

The following inflatable amusement devices, amusement attractions, or amusement
rides are exempt from the provisions of this Part:

(1) Non-mechanized playground equipment including but not limited to swings,
seesaws, stationary spring-mounted animal features, underpropelled merry-go-rounds,
climbers, slides, trampolines, swinging gates, and physical fitness devices except where an
admission fee is charged for usage or an admission fee is charged to areas where such
equipment is located.

(2) An inflatable amusement device, amusement attraction, or amusement ride which
is owned and operated by a nonprofit religious, educational, or charitable institution or
association if such attraction or ride is located within a building subject to inspection by the
state fire marshal or his designee.

(3) Coin-operated mechanical devices occupying less than thirty-six square feet of
floor space.

(4) Non-motorized rides and attractions.

*Acts 2016, No. 462, §2.*

##### **§ 40:1484.26** Local regulation {#sec-40-1484.26 omnilex-key=us-la-statutes--rs-title-40--40:1484.26}

Nothing contained in this Part shall prevent any local governmental subdivision of
this state from licensing or regulating any inflatable amusement device, amusement
attraction, or amusement ride, carnival, or circus as otherwise provided by law.

*Acts 2016, No. 462, §2.*

##### **§ 40:1484.27** Waiver of inspection {#sec-40-1484.27 omnilex-key=us-la-statutes--rs-title-40--40:1484.27}

The state fire marshal may waive the requirement that an inflatable amusement
device, amusement attraction, amusement ride, or any component part be inspected before
being operated in this state if an operator gives satisfactory proof to the office of state fire
marshal that such device, amusement attraction, ride, or any component part has passed an
inspection conducted by a public agency whose inspection standards and requirements are
at least equal to those requirements and standards established by the state fire marshal
pursuant to the provisions of this Part.

*Acts 2016, No. 462, §2.*

##### **§ 40:1484.28** Rules adopted {#sec-40-1484.28 omnilex-key=us-la-statutes--rs-title-40--40:1484.28}

The state fire marshal shall adopt and issue rules, in accordance with the provisions
of the Administrative Procedure Act, establishing standards for the installation, repair,
maintenance, use, operation, and inspection of inflatable amusement devices, amusement
attractions, and amusement rides for the protection of the public. The rules shall be based
upon generally accepted engineering standards and shall be concerned with but not
necessarily limited to engineering force stresses, safety devices, and preventive maintenance.
The rules shall provide for the reporting of accidents and injuries incurred from the operation
of inflatable amusement devices, amusement attractions, or amusement rides.

*Acts 2016, No. 462, §2.*

#### **SUBPART B** LOUISIANA CARNIVAL AND AMUSEMENT RIDER SAFETY ACT

##### **§ 40:1485.1** Legislative findings {#sec-40-1485.1 omnilex-key=us-la-statutes--rs-title-40--40:1485.1}

The legislature hereby finds and declares that:

(1) Carnival or amusement rides are used by a large number of citizens of this state and also attract to this state a large number of nonresidents, significantly contributing to the tourism industry and tax base of this state.

(2) The safety of the public using carnival or amusement rides is an important matter of public policy.

(3) There are inherent risks associated with all machinery, equipment, or animals that are impractical or impossible for an amusement owner to eliminate with all reasonable safety precautions, and an informed rider is in the best position to avoid those risks.

(4) The safety of carnival or amusement rides will be greatly improved at minimal cost if riders are subject to minimum safety standards for their own protection and the protection of others.

*Acts 2003, No. 928, §1.*

##### **§ 40:1485.2** Definitions {#sec-40-1485.2 omnilex-key=us-la-statutes--rs-title-40--40:1485.2}

For the purposes of this Subpart, the following terms and phrases have the meanings
ascribed to them:

(1) "Carnival or amusement ride" means either of the following:

(a) A device that is intended to give amusement, excitement, pleasure, or thrills to
riders whom the device carries along or around a fixed or restricted course or within a
defined area.

(b) A structure that gives amusement, excitement, pleasure, or thrills to people who
move around, over, or through the structure without the aid of a moving device integral to
the structure.

(2) "Firm" means a sole proprietorship, corporation, limited liability company, or
similar type of business entity.

(3) "Owner" means a person, a firm, the state, or a political subdivision of the state
that owns an amusement ride or, if the ride is leased, the lessee of the ride.

(4) "Parent or guardian" means each parent, custodian, or guardian responsible for
the control, safety, training, or education of a rider who is a minor, has a disability, or is
incompetent.

(5)(a) "Rider" means any person who is:

(i) Waiting in the immediate vicinity to enter a carnival or amusement ride.

(ii) Entering a carnival or amusement ride.

(iii) Using a carnival or amusement ride.

(iv) Exiting a carnival or amusement ride.

(v) Leaving a carnival or amusement ride and still in the immediate vicinity of the
ride.

(b) The term "rider" does not include employees or agents of the owner while
engaged in the duties of their employment.

(6) "Sign" means any symbol or language reasonably calculated to communicate
information to riders or their parents or guardians, including but not limited to placards,
prerecorded messages, live public addresses, stickers, pictures, pictograms, guidebooks,
brochures, video, verbal information, and visual signals.

*Acts 2003, No. 928, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2016, No. 462, §2.*

##### **§ 40:1485.3** Reporting rider injury {#sec-40-1485.3 omnilex-key=us-la-statutes--rs-title-40--40:1485.3}

A. A rider, or his parent or guardian on the rider's behalf, shall report in writing to the owner any injury sustained on a carnival or amusement ride before leaving the owner's premises, including:

(1) The name, address, and phone number of the injured person.

(2) A full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury.

(3) The cause of the injury, if known.

(4) The names, addresses, and phone numbers of any witnesses to the incident.

B. If the rider, or his parent or guardian on a rider's behalf, is unable to file a report because of the severity of his injuries, he shall file the report as soon as reasonably possible.

C. The failure of a rider, or his parent or guardian on a rider's behalf, to report an injury as required by this Section shall have no effect on the rider's right to commence a civil action.

*Acts 2003, No. 928, §1.*

##### **§ 40:1485.4** Code of rider conduct {#sec-40-1485.4 omnilex-key=us-la-statutes--rs-title-40--40:1485.4}

A. A rider shall obey the posted rules, warnings, and oral instructions for a carnival or amusement ride issued by the owner or his employee or agent.

B. A rider shall refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:

(1) Exceeding the limits of the rider's ability.

(2) Interfering with the safe operation of the carnival or amusement ride.

(3) Failing to engage any safety devices provided for the rider's safety.

(4) Disconnecting or disabling a safety device except at the express instruction of the owner's agent or employee.

(5) Altering or enhancing the intended speed, course, or direction of a carnival or amusement ride.

(6) Using the controls of a carnival or amusement ride designed solely to be operated by the owner's agent or employee.

(7) Extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee.

(8) Throwing, dropping, or expelling an object from or toward a carnival or amusement ride except as permitted by the owner's agent or employee.

(9) Entering or exiting a carnival or amusement ride except at the designated time and area, if any, at the direction of the owner's agent or employee.

(10) Unreasonably controlling the speed or direction of the carnival or amusement ride that requires the rider to control or direct himself or a ride.

(11) Overloading a carnival or amusement ride beyond its designated capacity.

*Acts 2003, No. 928, §1.*

##### **§ 40:1485.5** Rider qualifications {#sec-40-1485.5 omnilex-key=us-la-statutes--rs-title-40--40:1485.5}

A rider shall not enter or attempt to enter a carnival or amusement ride unless the rider, or his parent or guardian on a rider's behalf, reasonably determines that, at a minimum:

(1) The rider has sufficient knowledge to use, enter, or exit the carnival or amusement ride safely without instruction or has requested and received, before entering the carnival or amusement ride, sufficient information to enter, use, or exit the ride safely.

(2) The rider has located, reviewed, and understood any signs in the vicinity of the carnival or amusement ride and has satisfied any posted height or other restrictions.

(3) The rider knows the range and limits of his ability and knows the requirements of the carnival or amusement ride will not exceed those limits.

(4) The rider is not under influence of alcohol or any drug that affects his ability to safely use the carnival or amusement ride or obey the posted rules or oral instructions.

(5) The rider is authorized by the owner's authorized agent or employee to enter the carnival or amusement ride.

*Acts 2003, No. 928, §1.*

##### **§ 40:1485.6** Parent or guardian conduct {#sec-40-1485.6 omnilex-key=us-la-statutes--rs-title-40--40:1485.6}

Parents or guardians of riders have a duty to ensure that a rider complies with all provisions of this Subpart.

*Acts 2003, No. 928, §1.*

##### **§ 40:1485.7** Notice to riders {#sec-40-1485.7 omnilex-key=us-la-statutes--rs-title-40--40:1485.7}

A. The owner shall display signs at the following places:

(1) Any station for reporting an injury.

(2) Any first aid station.

(3) Either of the following places:

(a) Any entrance or exit to or from the premises designated for riders.

(b) Any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement ride.

B. All signs required by this Section shall include a legend providing that "STATE LAW REQUIRES RIDERS TO OBEY ALL WARNINGS AND DIRECTIONS AND BEHAVE IN A MANNER THAT WILL NOT CAUSE OR CONTRIBUTE TO INJURING THEMSELVES OR OTHERS. RIDERS SHOULD REPORT ALL INJURIES BEFORE LEAVING THE EVENT PREMISES."

*Acts 2003, No. 928, §1.*

##### **§ 40:1485.8** Criminal penalty {#sec-40-1485.8 omnilex-key=us-la-statutes--rs-title-40--40:1485.8}

If a person willfully violates any provision of this Subpart, the person shall be guilty of a misdemeanor and, upon conviction of the first offense, shall be subject to a fine not to exceed twenty-five dollars and for subsequent convictions, up to one hundred dollars.

*Acts 2003, No. 928, §1.*

##### **§ 40:1485.9** Applicability {#sec-40-1485.9 omnilex-key=us-la-statutes--rs-title-40--40:1485.9}

The provisions of Subpart A of Part VII of Title 40 of the Louisiana Revised Statutes
of 1950, comprised of R.S. 1484.1 through 1484.28, are applicable in their entirety to the
provisions of this Subpart.

*Acts 2016, No. 462, §2.*

##### **§ 40:1485.10** Repealed by Acts 1999, No. 568, §4, eff. June 30, 1999. {#sec-40-1485.10 omnilex-key=us-la-statutes--rs-title-40--40:1485.10}

*Repealed by Acts 1999, No. 568, §4, eff. June 30, 1999.*

##### **§ 40:1485.11** Repealed by Acts 1999, No. 568, §4, eff. June 30, 1999. {#sec-40-1485.11 omnilex-key=us-la-statutes--rs-title-40--40:1485.11}

*Repealed by Acts 1999, No. 568, §4, eff. June 30, 1999.*

#### **PART VIII** [BLANK]

##### **§ 40:1486** [Blank] {#sec-40-1486 omnilex-key=us-la-statutes--rs-title-40--40:1486}

*[Blank]*

#### **PART VIII** MONITORING OF TRANSPORTATION OF OFFSHORE OIL PLATFORM WORKERS

##### **§ 40:1486.1** Purpose {#sec-40-1486.1 omnilex-key=us-la-statutes--rs-title-40--40:1486.1}

The legislature finds that the production of oil for the energy needs of the state and the nation is of vital concern, and the safety of those who work in the offshore industry and those who transport those workers is also of vital concern; therefore, the legislature directs the director of aviation of the aviation section of the Department of Transportation and Development to participate in education, communication, and promotion of aviation safety in the offshore oil and gas industry. The legislature's goal is to reduce to as low as reasonably practicable the instances of helicopter accidents in the oil and gas industry by promotion of the adoption of safe practices in such operations. The legislature recognizes that Congress has delegated the responsibility for regulation of such operators to the Federal Aviation Administration ("FAA"), which has promulgated regulations as published in the Code of Federal Regulations to all Part 133 and Part 135 operators, and which has further, by its issuance of Operations Specifications to such operators, required them to conduct such operations with the highest degree of safety in the public interest.

*Acts 2010, No. 572, §1, eff. June 25, 2010; Acts 2011, No. 147, §1, eff. June 24, 2011.*

##### **§ 40:1486.2** State participation in and promotion of transportation of oil and gas workers over water {#sec-40-1486.2 omnilex-key=us-la-statutes--rs-title-40--40:1486.2}

A. The director of aviation ("DA") of the aviation section of the Department of
Transportation and Development ("DOTD") shall request membership to the Helicopter
Safety Advisory Conference ("HSAC"), attend regularly scheduled meetings of HSAC for
the purpose of education, understanding, and dissemination of information developed for the
purpose of the promotion of safety through cooperation, and encourage all operators who
provide over water flight services to the oil and gas industry to adopt and incorporate the
recommended practices of HSAC into their daily operations.

B. The DA or his designated representative may attend and secure all writings in the
form of recommended practices that result from HSAC conferences that relate to safe over
water helicopter operations, and disseminate such writings in such a way that over water
flight service providers in the state or adjacent to its shores are made aware of its content.

C. Among considerations for helicopter safety in over water flight services in the oil
and gas industry, the DA or his designated representative may identify, evaluate, and
maintain current knowledge of available feasible technology for all of the following:

(1) Personal locator beacons ("PLBs") capable of transmitting a digital coded distress
signal and a permanent homing signal suitable for use in over water flight services utilized
in the oil and gas industry.

(2) Incorporation into the daily operations of all Part 91, Part 133 and Part 135
operators, a system for satellite tracking of helicopters conducting over water flights,
including maintaining a command center to monitor the status of such flights.

(3) Improvement of flight safety over water services by adoption of emerging
advances in aviation. The DA or his designated representative shall also promote
enhancements of required pre-flight briefings that maximize passenger awareness of
passenger safety, and emergency procedures. Where appropriate, the DA shall provide
information and recommendations to HSAC for consideration of recommended practices for
industry use of such systems and devices.

D. Notwithstanding any provision of law to the contrary, any aircraft used to
transport offshore platform workers to and from the platform shall require each person being
transported to wear a life jacket equipped with a personal locator beacon, as described in
Paragraph (C)(1) of this Section.

E. The DA or his designated representative shall maintain familiarity with all Part
91, Part 133, and Part 135 regulations promulgated by the FAA pertaining to over water
helicopter operations and may obtain and review all advisory circulars of the FAA that relate
to such over water helicopter operations in the state or adjacent to its shores issued under
those parts of the Federal Aviation Regulations ("FAR"). Where appropriate, the DA or his
designated representative shall promote the adherence to the regulations and adoption of the
HSAC recommended practices.

F. The DA shall facilitate, as he deems necessary, information to the director of
operations of operators who provide over water flight services in the state or adjacent to its
shores, through publication on the internet through an identifiable link on the DOTD website,
summaries or text of relevant new FAR and Advisory Circulars published by the FAA or
Recommended Practices published by HSAC.

G.(1) The DA shall publish a report to the legislature, directed to the chairs of the
House and Senate committees on transportation, highways and public works, wherein the DA
shall summarize and comment upon all of the following:

(a) The previous year's developments in safe practices for operators who provide
over water flight services in the state or adjacent to its shores, as such safe practices have
evolved over the previous twelve months, through the federal and industry organizations
referenced in this Part.

(b) Efforts made by the DA to ensure knowledge of all such practices by operators
within the industry.

(2) The report shall be delivered to the committees no later than the first of
September annually. A copy of the report shall also be sent to the director of operations of
each helicopter operator known by the DA to be engaged in providing over water flight
services in the offshore oil and gas industry.

*Acts 2010, No. 572, §1, eff. June 25, 2010; Acts 2011, No. 147, §1, eff. June 24, 2011; Acts 2023, No. 168, §1, eff. Jan. 1, 2024.*

#### **PART X** THE LOUISIANA PUBLIC FACILITIES AUTHORITY

##### **§ 40:1487** Authorization of bonds {#sec-40-1487 omnilex-key=us-la-statutes--rs-title-40--40:1487}

A.(1) A public trust and public corporation organized and existing by, under, and
pursuant to the provisions of the Louisiana public trust law whose beneficiary is the state of
Louisiana is authorized to issue bonds, notes, certificates, or other evidences of indebtedness,
hereafter, "the bonds", pursuant to the provisions of the Louisiana public trust law, being
R.S. 9:2341 through 2347, on behalf of the Department of Public Safety and Corrections.
Additionally, any public trust, political subdivision, district, corporation, or instrumentality
authorized to issue revenue bonds on behalf of the state is authorized to issue bonds on
behalf of the department in accordance with the provisions of this Section and the
constitutional and statutory provisions governing the issuance of bonds by such entities.

(2) The revenue bonds may be issued in order to obtain funds for the relocation,
planning, acquisition, construction, and equipping of a Joint Emergency Services Training
Center in the parish of East Baton Rouge, a public safety complex, including without
limitation a crime lab and the state fire marshal's project at Independence Park in the parish
of East Baton Rouge, and troop or regional headquarters throughout the state, and to fund the
cost of issuance, credit enhancements, or other obligations related to the issuance of such
bonds.

(3) The bonds and any necessary or proper ancillary instruments shall be secured by
an irrevocable pledge and dedication of any reinstatement fee, handling fee, or other fees,
rates, rentals, charges, grants, or other receipts or income derived by or in connection with
an undertaking, facility, project, or any combination thereof, without a pledge of the full faith
and credit of the state, hereinafter referred to as "revenues".

(4) The bonds shall be entitled to such priorities on the revenues of the Department
of Public Safety and Corrections as provided in a loan agreement, trust indenture, or other
instrument.

B. In addition to the pledge of revenues to secure the bonds, the department may, in
its discretion, further secure their payment by a mortgage upon the land or facilities acquired
by or for the department with the proceeds of the sale of the bonds, with such mortgage
subject to such provisions for the making and enforcement of such mortgage and the
provisions to be contained therein as may be deemed fit by the department. However, in no
event shall the bonds constitute a claim against any property or revenue of the department
not specifically pledged or mortgaged for payment of such bonds.

C.(1) When any bonds have been issued and secured as provided in this Section,
neither the issuer of the bonds, the department, the state, nor any other entity may act to
impair any obligation or contract for the benefit of the holders of the bonds or discontinue
or decrease any fee, rate, or other revenue in anticipation of the collection of which the bonds
have been issued until all of the bonds have been retired as to principal and interest or
irrevocable provision otherwise made for their complete redemption and payment in
principal, interest, and redemption premium, if any, and the complete payment of all amounts
due under the trust agreement, or other instrument, pursuant to which the bonds are issued.
There is hereby vested in the holders from time to time of such bonds a contract right in the
provisions of this Paragraph.

(2) Any pledge of revenues for the security of the bonds shall be valid and binding
from the time the pledge is made and shall be subject to the lien of such pledge without any
physical delivery thereof or further act, and the lien of any such pledge shall be valid and
binding as against all parties having claims of any kind in tort, contract, or otherwise against
the state or the department whether or not such parties have notice thereof. Any trust
agreement, or other instrument, by which a pledge is created need not be filed or recorded
except in the official records of the department and of the State Bond Commission.

(3) The deputy secretary, or the undersecretary, is hereby authorized on behalf of the
department to execute loan agreements, reimbursement agreements, investment agreements,
bond purchase agreements, and all such documents as may be necessary to carry out and
comply with the provisions thereof and the provisions of this Section, and is further
authorized to take any and all further actions and execute and deliver all other documents as
it may deem to be necessary in connection with the issuance of any bonds, notes, certificates,
reimbursement obligations, or other evidences of indebtedness referred to in this Section.
The provisions of R.S. 9:2347(J) shall not apply to bonds or any contractual obligation,
including the pledge of state funds, to be undertaken or incurred in connection therewith.

(4) The department is authorized to create such funds and/or accounts for the deposit
of the revenues or the proceeds of the bonds including state funds described above or other
revenues and monies pledged in connection therewith or respect thereto.

(5) The department and the issuer of the bonds are authorized to enter into any and
all agreements or contracts, execute any and all instruments, and do and perform any and all
acts necessary, convenient, or desirable for the issuance of the bonds or to carry out any
power expressly given in this Section.

D. Any other provision of law to the contrary notwithstanding, any revenues received
by the department that are pledged to the repayment of any bonds issued in accordance with
this Section may be collected and disbursed in accordance with the documents pursuant to
which such bonds were issued.

*Acts 1998, 1st Ex. Sess., No. 158, §1, eff. May 7, 1998; Acts 2001, No. 539, §1; Acts 2023, No. 252, §1, eff. June 12, 2023.*

### **CHAPTER 7** FIRE PREVENTION OR PROTECTION

#### **PART I** FIRE PROTECTION DISTRICTS

##### **§ 40:1491** Definitions {#sec-40-1491 omnilex-key=us-la-statutes--rs-title-40--40:1491}

When used in this Part, the following terms have these meanings:

(1) "District" means a fire protection district created under the provisions of this Part.

(2) "Board" means a board of commissioners, governing a fire protection district.

*Amended by Acts 1975, No. 17, §1.*

##### **§ 40:1492** Power to create; boundaries constitute state subdivisions for tax and bond purposes {#sec-40-1492 omnilex-key=us-la-statutes--rs-title-40--40:1492}

A. Parish governing authorities may create or enlarge fire protection districts in the manner and subject to the limitations and restrictions contained in this Part.

B. Any fire protection district may include all or part of the territory in the parish whether contiguous or noncontiguous. With the concurrence of the governing authorities of the affected parishes, it may include all or part of two or more parishes in a single fire protection district, provided that any municipality which is to be included is included in its entirety. However, before any municipality may be included within the territory of the fire protection district, the governing authority of the municipality shall first concur by proper resolution in its inclusion and in the boundaries to be fixed for the district.

C. Fire protection districts so created are subdivisions of the state within the meaning of the laws of this state relating to the voting and levying of special maintenance taxes, incurring debt, and issuing bonds therefor, including particularly but without limitation the provisions of Subtitle II, Chapter 4, of Title 39 of the Louisiana Revised Statutes of 1950. However, the governing authority of the district shall be without authority to levy any previously authorized taxes in the new territory included within the boundaries of the districts as enlarged, unless such enlargement has occurred after petition therefor of a majority of the qualified electors of the area to be included and/or the question of such tax levy has been approved by a majority of the electors of the new territory so included voting in an election held for such purpose.

*Amended by Acts 1975, No. 17, §1; Acts 1976, No. 267, §1; Acts 1981, No. 116, §1; Acts 1988, No. 310, §1.*

##### **§ 40:1492.1** Fire protection districts of DeSoto Parish; general purpose political subdivision; Louisiana Community Block Grant program {#sec-40-1492.1 omnilex-key=us-la-statutes--rs-title-40--40:1492.1}

For purposes of 42 U.S.C. 5302 and the Louisiana Community Development Block Grant program, fire protection districts of the parish of DeSoto are hereby designated as general purpose political subdivisions, and accordingly, each such fire protection district may apply directly to the division of administration for funding under such program.

*Acts 1991, No. 724, §1, eff. July 18, 1991.*

##### **§ 40:1493** Notice of intention to create, enlarge, or redistrict; resolution {#sec-40-1493 omnilex-key=us-la-statutes--rs-title-40--40:1493}

A. No fire protection district shall be created, enlarged, or redistricted under this Part until the notice prescribed in this Section has been given.

B. Notice of intention to create, enlarge, or redistrict a fire protection district shall be ordered by resolution of the governing authority of each parish to be included in the proposed district and concurred in by the governing authority of any municipality or municipalities to be included in the district. The resolution shall state the boundaries proposed for the contemplated fire protection district. The notice shall state that the parish governing authority ordering its publication will, in open session, on a date and at an hour and place named, proceed to create the proposed district.

C. This notice shall be published once a week for two successive weeks, the first publication being not less than fifteen days before the date fixed for the hearing, in a newspaper having general circulation in the parish.

*Amended by Acts 1975, No. 17, §1; Acts 1976, No. 267, §1; Acts 1981, No. 116, §1.*

##### **§ 40:1493.1** Fire District Number 2 of Rapides Parish; extension of boundaries {#sec-40-1493.1 omnilex-key=us-la-statutes--rs-title-40--40:1493.1}

Notwithstanding any provision of law to the contrary, the governing authority of Rapides Parish is authorized to extend the boundaries of Fire District Number 2 of Rapides Parish so that it includes all of Wards 1 and 8 outside the city of Alexandria and Wards 2, 3, 5, and 7.

Acts 1984, No. 536, §2, eff. Sept. 1, 1984.

{{NOTE: SEE ACTS 1984, NO. 536, §4.}}

##### **§ 40:1493.2** Fire District Number One of Ouachita Parish; extension of boundaries; board of commissioners {#sec-40-1493.2 omnilex-key=us-la-statutes--rs-title-40--40:1493.2}

Notwithstanding any provision of law to the contrary, the governing authority of Ouachita Parish, with the concurrence of the governing authority of the town of Sterlington, is authorized to extend the boundaries of Fire Protection District Number One of Ouachita Parish so that said district includes the town of Sterlington. Upon inclusion of said town, the board of commissioners of said fire protection district shall consist of the members of the governing authority of Ouachita Parish. The board of commissioners of the district shall perform all duties, functions, and powers provided in this Part and shall have responsibility for the operation and maintenance of the district. Members of the board shall receive no per diem but may be reimbursed for expenses incurred in performing the duties imposed on them by such membership.

*Acts 1986, No. 174, §1.*

##### **§ 40:1494** Hearing; objections; resolution fixing boundaries; publication of notice {#sec-40-1494 omnilex-key=us-la-statutes--rs-title-40--40:1494}

At the place and time specified in the notice provided for in R.S. 40:1493, the governing authority of the parish shall hear all objections which may be interposed to the boundaries of the district and to the inclusion of the property proposed to be included in the district. It may adjourn the meeting from time to time. At this hearing the parish governing authority may change the boundaries of the proposed district by excluding therefrom the lands of persons objecting or by including therein the lands of persons petitioning to be included therein. After disposing of all objections, the parish governing authority, if it approves the creation of such district, shall adopt a resolution fixing the boundaries of the territory within the parish to be included in such district. However, as provided in R.S. 40:1492, the governing authority of any municipal corporation which is included in the district must, by resolution adopted after the boundaries of the territory of the parish to be included in the district are fixed, concur in the fixing of the boundaries before the action of the parish governing authority becomes final. The decision of the parish governing authority, concurred in by any municipality as provided, is final and conclusive as regards that parish. Notice of the formation of the district shall be given immediately by one publication in any newspaper in which the original notice of hearing was published.

*Amended by Acts 1975, No. 17, §1; Acts 1976, No. 267, §1; Acts 1981, No. 116, §1.*

##### **§ 40:1495** Governing body of district {#sec-40-1495 omnilex-key=us-la-statutes--rs-title-40--40:1495}

A. If no municipal corporation is included within the boundaries of a district comprising all or part of a single parish, the parish governing authority may be the governing body of the district or may appoint a board of commissioners to serve as the governing body for the district.

B.(1) If a municipal corporation is included within the boundaries of a district, or if the boundaries of a district comprise all or part of two or more parishes, the governing body of the district shall consist of a board of commissioners of the district.

(2) However, the parish governing authority may in its discretion continue to be the governing body of the district in those instances where a municipal corporation lying within the boundaries of the district is created after the creation of the district and after 1970.

*Acts 1983, No. 145, §1. Acts 1984, No. 72, §2.*

##### **§ 40:1495.1** Concordia Parish Monterey Fire Protection District Number One {#sec-40-1495.1 omnilex-key=us-la-statutes--rs-title-40--40:1495.1}

Notwithstanding the provisions of R.S. 40:1495, a board of commissioners of the Concordia Parish Monterey Fire Protection District Number One is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall have responsibility for the operation and maintenance of the district. Members shall receive no per diem but may be reimbursed any expenses incurred in performing the duties imposed upon them by virtue of their serving as members. The board shall consist of five members appointed by the governing authority for the parish of Concordia and each member shall be a resident and elector of the Concordia Parish Monterey Fire Protection District Number One and shall serve on such board at the pleasure of the governing authority of the parish of Concordia.

*Added by Acts 1981, No. 138, §1.*

##### **§ 40:1496** Appointment of members of board; term; vacancies {#sec-40-1496 omnilex-key=us-la-statutes--rs-title-40--40:1496}

A. The board of commissioners shall consist of five members, except as provided
in Paragraph (B)(5) of this Section.

B. In the case of a district comprising all or part of a single parish, members shall be
appointed as follows:

(1) In the case where no municipality is included within the boundaries of a district
lying within a single parish, the parish governing authority shall appoint the five members.
The members so appointed shall elect the chairman of the board.

(2) In the case where one municipality is included within the boundaries of a district
lying within a single parish:

(a) Two members shall be appointed by the parish governing authority.

(b) Two members shall be appointed by the governing authority of the municipality;
and

(c) One shall be selected by the other four members and shall serve as chairman of
the board.

(3) In the case where two municipalities are included within the boundaries of a
district lying within a single parish:

(a) The parish governing authority shall appoint two members.

(b) The governing authority of each municipality shall appoint one member; and

(c) One member shall be selected by the other four members and shall serve as
chairman of the board.

(4) In any case where three or more municipalities are included within the boundaries
of a district lying within a single parish, the parish governing authority shall appoint two
members and the governing authority of each municipality shall appoint one member
notwithstanding the provisions of Subsection A herein. The members so appointed shall
elect the chairman of the board.

(5)(a) Notwithstanding any provision of this Part or any other law to the contrary,
the board of commissioners of Caddo Parish Fire District Number Five shall consist of six
members. The Caddo Parish Commission shall appoint the additional member of the board
of commissioners. The additional member shall serve a term of two years.

(b) Notwithstanding any provision of this Part or any other law to the contrary, the
board of commissioners of Caddo Parish Fire District Number One shall consist of seven
members. The Caddo Parish governing authority shall appoint the additional members of
the board. The parish governing authority shall set the initial terms of the two additional
members. Such initial terms shall not exceed two years and shall be set so as to retain an
orderly and balanced staggering of terms of commissioners. Thereafter, each member shall
serve a term of two years.

(c) Notwithstanding any provision of this Section or any other law to the contrary,
the governing authority of Terrebonne Parish may, by ordinance, provide that the board of
commissioners of the Bayou Cane Fire Protection District shall consist of seven members.
An ordinance adopted pursuant to this Subparagraph shall provide that the parish governing
authority appoints the two additional members and shall provide for the initial terms of such
additional members.

(d) Notwithstanding any provision of this Part or any other law to the contrary, the
board of commissioners of Ward 5 Fire Protection District of the Parish of Evangeline may
consist of seven members. The parish governing authority shall appoint the additional
members of the board.

(e) The board of commissioners of St. Landry Parish Fire District No. 7 shall consist
of seven members. The parish governing authority shall appoint the additional members of
the board and shall set the initial terms of the two additional members.

C. In districts comprising all or part of two or more parishes, members shall be
appointed as follows:

(1) In the case of a district comprising all or part of two or more parishes, but
excluding any municipality, the parish governing authority of each such parish shall appoint
two members, and the last member, shall be selected by the other four members and shall
serve as chairman of the board.

(2) In the case of a district comprising all or part of two or more parishes, and which
includes one municipality, the parish governing authority of each such parish shall appoint
two members, and the last member shall be selected by the governing authority body of the
municipal corporation in the district. The members shall elect the chairman of such board.

(3) In any case where more than one municipality is included within the boundaries
of any district, the governing authority of each parish affected shall appoint two members and
each municipality shall appoint one member to the board notwithstanding the provisions of
Subsection A herein. The members so appointed shall elect the chairman of such board.

D.(1) Each member of the board shall be a resident property taxpayer of the district.

(2) Paragraph (1) of this Subsection shall not apply to a district that comprises all or
part of two or more parishes and in which district there are no resident property taxpayers.
Each member of the board of commissioners of such a district shall reside within fifty miles
of the district.

E. Two of the initial members of the board shall hold office until one year from the
January first immediately succeeding their appointment and three members shall hold office
until two years from the January first immediately succeeding their appointment, the
respective terms to be determined by lot. Thereafter, each member appointed shall serve for
a term of two years. Members are eligible for reappointment. If a vacancy occurs, it shall
be filled for the unexpired term by the body originally making the appointment so vacated.

F. Notwithstanding any provision of this Section to the contrary, the board of
commissioners of Terrebonne Parish Fire Protection District Number Six shall consist of five
members to be appointed as follows provided that the governing authority of Terrebonne
Parish and the governing authority of Lafourche Parish have respectively authorized the
extension of the boundaries of Terrebonne Parish Fire Protection District Number Six into
Lafourche Parish as such an extension is provided for by R.S. 40:1493 and 1494:

(1) Four members shall be appointed by the governing authority of Terrebonne
Parish. Such commissioners shall be electors of the area of Terrebonne Parish lying within
the boundaries of the district.

(2) One commissioner shall be appointed by the governing authority of Lafourche
Parish. Such commissioner shall be an elector of the area lying within the boundaries of the
district.

(3) The commissioners so appointed shall elect from their number a chairman of the
board.

(4) The term of office for each commissioner shall be two years.

G.(1) When four or more municipalities are included within the boundaries of a
district lying within the parish of Claiborne, Grant, or Winn, in addition to the membership
provided in Paragraph (B)(4) of this Section, the respective parish governing authority may
appoint up to three additional members to the board.

(2) Of the additional members appointed pursuant to Paragraph (1), the first initial
member shall hold office until one year from the January first immediately succeeding his
appointment, the second initial member shall hold office until two years from the January
first immediately succeeding his appointment, and the third initial member shall hold office
until one year from the January first immediately succeeding his appointment. Thereafter,
each additional member appointed shall serve for a term of two years.

H. Notwithstanding any provision of this Section to the contrary, the board of
commissioners of the Bayou Blue Fire Protection District shall consist of seven members,
to be appointed as follows, provided that the governing authority of Terrebonne Parish and
the governing authority of Lafourche Parish have respectively authorized the extension of
the boundaries of the Bayou Blue Fire Protection District into Lafourche Parish as such an
extension is provided for by R.S. 40:1493 and 1494:

(1) Three members shall be appointed by the governing authority of Terrebonne
Parish. Such commissioners shall be electors and resident property taxpayers of the area of
Terrebonne Parish lying within the boundaries of the district.

(2) Four commissioners shall be appointed by the governing authority of Lafourche
Parish. Such commissioners shall be electors and resident property taxpayers of the area of
Lafourche Parish lying within the boundaries of the district.

(3) The commissioners so appointed shall elect from their number a chairman of the
board.

(4) Initial terms of two of the commissioners from Lafourche Parish and one of the
commissioners from Terrebonne Parish shall be one year, and the initial terms of the
remaining commissioners shall be two years as determined by lot. All subsequent terms of
commissioners shall be two years.

I. Notwithstanding any provision of this Section to the contrary, the board of
commissioners of the Terrebonne Parish Fire District No. Five shall consist of seven
members, to be appointed as follows, provided that the governing authority of Terrebonne
Parish and the governing authority of Lafourche Parish have respectively authorized the
extension of the boundaries of the Terrebonne Parish Fire District No. Five into Lafourche
Parish as such an extension is provided for by R.S. 40:1493 and 1494:

(1) Six members shall be appointed by the governing authority of Terrebonne Parish.
Such commissioners shall be electors and resident property taxpayers of the area of
Terrebonne Parish lying within the boundaries of the district.

(2) One commissioner shall be appointed by the governing authority of Lafourche
Parish. The commissioner shall be an elector and resident property taxpayer of the area of
Lafourche Parish lying within the boundaries of the district.

(3) The commissioners so appointed shall elect from their number a chairman of the
board.

(4) Initial terms of four of the commissioners from Terrebonne Parish shall be one
year, and the initial terms of the remaining commissioners shall be two years as determined
by lot. The term of the Lafourche Parish commissioner and all subsequent terms of any
commissioners shall be two years.

J.(1) Notwithstanding any provision of law to the contrary, the board of
commissioners of the St. George Fire Protection District shall consist of five members. The
St. George City Council shall appoint the two members of the board of commissioners. The
East Baton Rouge Metropolitan Council shall appoint two members to the board of
commissioners, one whom shall be selected by the member representing council district No.
3 of the Metropolitan Council of the parish of East Baton Rouge and the city of Baton Rouge
and one whom shall be selected by the member representing council district No. 9 of the
Metropolitan Council of the parish of East Baton Rouge and the city of Baton Rouge. The
four appointed members of the board of commissioners shall appoint the fifth member. Initial
terms of three of the commissioners shall be one year and the initial terms of two
commissioners shall be two years as determined by lot. All subsequent terms of
commissioners shall be two years.

(2)(a) The members who are appointed by the St. George City Council shall reside
within the boundaries of the city of St. George and within the boundaries of the St. George
Fire Protection District.

(b) The members who are appointed by the East Baton Rouge Metropolitan Council
shall reside within the boundaries of the St. George Fire Protection District.

(c) The fifth member who is appointed by the four members of the board of
commissioners shall reside within the boundaries of the St. George Fire Protection District.

*Amended by Acts 1975, No. 17, §1; Acts 1981, No. 116, §1, eff. July 3, 1981; Acts 1984, No. 72, §2; Acts 1995, No. 259, §1, eff. June 14, 1995; Acts 1999, No. 1198, §1; Acts 2001, No. 102, §1, eff. May 24, 2001; Acts 2003, No. 481, §1, eff. June 20, 2003; Acts 2005, No. 60, §1, eff. June 16, 2005; Acts 2007, No. 88, §1, eff. June 22, 2007; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011; Acts 2011, No. 69, §1; Acts 2013, No. 135, §1; Acts 2013, No. 146, §1; Acts 2018, No. 58, §1; Acts 2022, No. 368, §1, eff. June 10, 2022; Acts 2025, No. 444, §1.*

##### **§ 40:1496.1** Calcasieu Parish Ward Four Fire Protection District No. 2 {#sec-40-1496.1 omnilex-key=us-la-statutes--rs-title-40--40:1496.1}

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Ward Four Fire Protection District Number Two is hereby created. The board of commissioners shall perform all duties, functions and powers provided in this Part as well as responsibility for the operation and maintenance of the district, and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu, and each member shall be a resident and elector of the parish of Calcasieu and shall serve on such board at the pleasure of the governing authority of the parish of Calcasieu.

*Added by Acts 1977, No. 112, §1.*

##### **§ 40:1496.2** Calcasieu Parish Ward Four Fire Protection District Number Three {#sec-40-1496.2 omnilex-key=us-la-statutes--rs-title-40--40:1496.2}

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Calcasieu Parish Ward Four Fire Protection District Number Three is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part; be responsible for the operation and maintenance of the district; and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu, and each member shall be a resident and elector of the parish of Calcasieu. One of such members shall be a resident of the city of Westlake and shall act as liaison between the board and the town of Westlake. All board members shall serve on such board at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Calcasieu Parish Ward Four Fire Protection District Number Three shall be administered through the parish treasurer's office.

*Added by Acts 1979, No. 218, §1.*

##### **§ 40:1496.3** Calcasieu Parish Ward Seven Fire Protection District Number One {#sec-40-1496.3 omnilex-key=us-la-statutes--rs-title-40--40:1496.3}

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Calcasieu Parish Ward Seven Fire Protection District Number One is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and be responsible for the operation and maintenance of the district, and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu, and each member shall be a resident and elector of the parish of Calcasieu and shall serve on such board at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Calcasieu Parish Ward Seven Fire Protection District Number One shall be administered by the board.

*Added by Acts 1979, No. 217, §1. Amended by Acts 1980, No. 581, §1.*

##### **§ 40:1496.4** Calcasieu Parish Ward One Fire Protection District Number One {#sec-40-1496.4 omnilex-key=us-la-statutes--rs-title-40--40:1496.4}

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Calcasieu Parish Ward One Fire Protection District Number One is hereby created. The board of commissioners shall perform all duties, functions and powers provided in this Part and be responsible for the operation and maintenance of the district, and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu, and each member shall be a resident and elector of the parish of Calcasieu and shall serve on such board at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Calcasieu Parish Ward One Fire Protection District Number One shall be administered through the Calcasieu Parish Treasurer's Office.

*Added by Acts 1979, No. 363, §1.*

##### **§ 40:1496.5** Beauregard Parish Fire Protection District Number Two; creation, membership {#sec-40-1496.5 omnilex-key=us-la-statutes--rs-title-40--40:1496.5}

A.(1) Notwithstanding the provisions of R.S. 40:1495 and 1496, a board of commissioners of the Beauregard Parish Fire Protection District Number Two is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part, and shall be responsible for the operation and maintenance of the district.

(2) The members of the board of commissioners shall receive compensation as provided by R.S. 40:1498.

(3) The board shall consist of six members appointed by the governing authority for the parish of Beauregard, and each member shall be a resident and elector of the parish of Beauregard and shall serve on such board at the pleasure of the governing authority for the parish of Beauregard.

B. All funds of the Beauregard Parish Fire Protection District Number Two shall be administered through the Beauregard Parish treasurer's office.

*Added by Acts 1980, No. 736, §1; Acts 2012, No. 58, §1, eff. July 1, 2012.*

##### **§ 40:1496.6** St. Mary Parish Ward Four Fire Protection District {#sec-40-1496.6 omnilex-key=us-la-statutes--rs-title-40--40:1496.6}

Notwithstanding the provisions of R.S. 40:1495 and R.S. 40:1496, a board of commissioners of the St. Mary Parish Ward Four Fire Protection District is hereby created. The board of commissioners shall exercise and perform all duties, functions, and powers provided in this Part and shall have responsibility for the operation and maintenance of the district. Members shall receive compensation as provided by R.S. 40:1498. The board shall be composed of five members appointed by the governing authority of the parish of St. Mary, and each member shall be a resident and elector of Ward Four of St. Mary Parish. No member of the parish governing authority shall serve on the board. Members shall serve staggered terms as fixed by the governing authority of the parish of St. Mary. The governing authority shall determine the length of such terms for initial members and their successors. All funds of the St. Mary Parish Ward Four Fire Protection District shall be administered by the board.

*Added by Acts 1983, No. 9, §1. Acts 1986, No. 295, §1.*

##### **§ 40:1496.7** Caddo Parish Fire District Number Two {#sec-40-1496.7 omnilex-key=us-la-statutes--rs-title-40--40:1496.7}

Notwithstanding the provisions of R.S. 40:1495 and R.S. 40:1496, a board of commissioners of the Caddo Parish Fire District Number Two is hereby created. The board of commissioners shall perform and exercise all duties, functions, and powers provided in this Part, and shall be responsible for the operation and maintenance of the district. The members of the board of commissioners shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority of the parish of Caddo, and each member shall be a resident and elector of the parish of Caddo and shall serve on such board at the pleasure of the governing authority of the parish of Caddo. All funds of the Caddo Parish Fire District Number Two shall be administered by the board.

*Acts 1983, No. 69, §1.*

##### **§ 40:1496.8** Calcasieu Parish; Ward Four-Ward Six Fire Protection District Number One {#sec-40-1496.8 omnilex-key=us-la-statutes--rs-title-40--40:1496.8}

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Ward Four-Ward Six Fire Protection District Number One of Calcasieu Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part; shall be responsible for the operation and maintenance of the district; and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu. Each member shall be an elector of the parish of Calcasieu. Three members shall reside within the fire district in Ward Four, and two members shall reside within the fire district of Ward Six. The commissioners shall serve at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Ward Four-Ward Six Fire Protection District Number One of Calcasieu Parish shall be administered by the Calcasieu Parish Treasurer's Office.

*Acts 1984, No. 395, §1.*

##### **§ 40:1496.9** Calcasieu Parish; Ward Eight Fire Protection District Number Two {#sec-40-1496.9 omnilex-key=us-la-statutes--rs-title-40--40:1496.9}

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Ward Eight Fire Protection District Number Two of Calcasieu Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and be responsible for the operation and maintenance of the district and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu. Each member shall be an elector of the parish of Calcasieu and a resident of the district. The commissioners shall serve at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Ward Eight Fire Protection District Number Two of Calcasieu Parish shall be administered by the Calcasieu Parish Treasurer's Office.

*Acts 1984, No. 396, §1.*

##### **§ 40:1496.10** Ward Four Fire Protection District Number Four of Calcasieu Parish {#sec-40-1496.10 omnilex-key=us-la-statutes--rs-title-40--40:1496.10}

Notwithstanding the provisions of R.S. 40:1496, the board of commissioners of the Ward Four Fire Protection District Number Four of Calcasieu Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Calcasieu Parish. Each member shall be an elector of Calcasieu Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Calcasieu Parish. All funds of the Ward Four Fire Protection District Number Four of Calcasieu Parish shall be administered by the parish treasurer's office.

*Added by Acts 1985, No. 759, §1, eff. July 17, 1985.*

##### **§ 40:1496.11** Calcasieu Parish; Ward Six Fire Protection District Number One {#sec-40-1496.11 omnilex-key=us-la-statutes--rs-title-40--40:1496.11}

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Ward Six Fire Protection District Number One of Calcasieu Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and be responsible for the operation and maintenance of the district and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu. Each member shall be an elector of the parish of Calcasieu and a resident of the district. The commissioners shall serve at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Ward Six Fire Protection District Number One of Calcasieu Parish shall be administered by the Calcasieu Parish treasurer's office.

*Acts 1986, No. 127, §1, eff. Oct. 1, 1986.*

##### **§ 40:1496.12** Washington Parish; Fire Protection District Numbers One through Eight {#sec-40-1496.12 omnilex-key=us-la-statutes--rs-title-40--40:1496.12}

A. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number One of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number One of Washington Parish shall be administered by the board of commissioners.

B. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Two of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Two of Washington Parish shall be administered by the board of commissioners.

C. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Three of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Three of Washington Parish shall be administered by the board of commissioners.

D. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Four of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Four of Washington Parish shall be administered by the board of commissioners.

E. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Five of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Five of Washington Parish shall be administered by the board of commissioners.

F. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Seven of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of not more than eight members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Seven of Washington Parish shall be administered by the board of commissioners.

G. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Six of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Six of Washington Parish shall be administered by the board of commissioners.

H. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Eight of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Eight of Washington Parish shall be administered by the board of commissioners.

*Acts 1986, No. 940, §1; Acts 1988, No. 394, §1; Acts 1992, No. 994, §1; Acts 1995, No. 75, §1.*

##### **§ 40:1496.13** Natchitoches Parish Fire Protection Districts; additional members on board of commissioners {#sec-40-1496.13 omnilex-key=us-la-statutes--rs-title-40--40:1496.13}

Notwithstanding any provision of this Part or other law to the contrary, but otherwise in accordance with the provisions of this Part, the police jury of the parish of Natchitoches is authorized to appoint two additional members to the board of commissioners of each fire protection district within the parish.

*Acts 1987, No. 195, §1.*

##### **§ 40:1496.14** Repealed by Acts 2011, No. 68, §1. {#sec-40-1496.14 omnilex-key=us-la-statutes--rs-title-40--40:1496.14}

*Repealed by Acts 2011, No. 68, §1.*

##### **§ 40:1496.15** Assumption Parish fire protection districts; parish governing authority to constitute governing authority {#sec-40-1496.15 omnilex-key=us-la-statutes--rs-title-40--40:1496.15}

Notwithstanding any provision of this Part or any other law to the contrary, the governing authority of the parish of Assumption shall be the governing authority of each fire protection district within the parish and shall have all powers and duties provided by law for governing authorities of fire protection districts. No member of the parish governing authority shall receive any compensation, in addition to compensation as a member of the parish governing authority, for service in such capacity.

*Added by Acts 1989, No. 44, §1.*

##### **§ 40:1496.16** Ward Five Fire Protection District Number One of Calcasieu Parish {#sec-40-1496.16 omnilex-key=us-la-statutes--rs-title-40--40:1496.16}

Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Ward Five Fire Protection District Number One of Calcasieu Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Calcasieu Parish. Each member shall be an elector of Calcasieu Parish and a resident of the district. The members shall receive compensation as provided by R.S. 40:1498(A) and shall serve at the pleasure of the governing authority of Calcasieu Parish. All funds of the Ward Five Fire Protection District Number One of Calcasieu Parish shall be administered by the office of the treasurer of Calcasieu Parish.

*Added by Acts 1989, No. 57, §1.*

##### **§ 40:1496.17** Parishwide Fire Protection District of Red River Parish {#sec-40-1496.17 omnilex-key=us-la-statutes--rs-title-40--40:1496.17}

A. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Parishwide Fire Protection District of Red River Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of eight members appointed by the governing authority of Red River Parish as follows: two from the Coushatta Fire District and one from each of the other six fire districts within Red River Parish. Each such member shall be a resident and elector of his respective fire district and of Red River Parish.

B.(1) The initial members of the board shall serve terms as follows: two shall serve terms ending one year from January first of the year immediately following their appointment; three shall serve terms ending two years from January first of the year immediately following their appointment; and three shall serve terms ending three years from January first of the year immediately following their appointments. The length of the term of each such member shall be determined by lot. The terms of subsequent members of the board shall be two years.

(2) Members of the board may be removed from office by a majority vote of the governing authority of Red River Parish.

(3) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by the governing authority of Red River Parish for the remainder of the term in the same manner as the original appointment.

(4) Members of the board shall be eligible for reappointment to the board.

(5) No member of the governing authority of Red River Parish shall serve on the board.

C. Notwithstanding the provisions of R.S. 40:1498, members of the board shall receive no per diem but may be reimbursed for expenses incurred in performance of their duties.

D. All funds of the Parishwide Fire Protection District of Red River Parish shall be administered by the board of commissioners of the district.

Added by Acts 1989, No. 210, §1; Acts 2003, No. 851, §1, eff. July 1, 2003.

NOTE: See Acts 2003, No. 851, §3, relative to implementation and intent.

##### **§ 40:1496.18** Evangeline Parish; Ward One Fire Protection District No. 2 of Ville Platte {#sec-40-1496.18 omnilex-key=us-la-statutes--rs-title-40--40:1496.18}

Notwithstanding the provisions of R.S. 40:1496, the board of commissioners of Ward One Fire Protection District No. 2 of Ville Platte is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Evangeline Parish. Each member of the board shall be a resident property taxpayer of the district.

*Acts 1997, No. 197, §1.*

##### **§ 40:1497** First meeting; organization; election of secretary and treasurer {#sec-40-1497 omnilex-key=us-la-statutes--rs-title-40--40:1497}

The parish governing authority shall fix the time and place for the first meeting of the board. At this meeting the board shall organize and shall elect a secretary and a treasurer or a combined secretary-treasurer. The persons filling these offices may, but need not, be members of the board.

*Amended by Acts 1975, No. 17, §1.*

##### **§ 40:1498** Compensation of board members {#sec-40-1498 omnilex-key=us-la-statutes--rs-title-40--40:1498}

A.(1) Members of the governing boards of fire protection districts, including
members of police juries serving ex officio, may be paid a per diem of thirty dollars for
attending meetings of the board, not to exceed two meetings in any one calendar month, and
may be reimbursed any expenses incurred in performing the duties imposed upon them by
virtue of their serving as members. The amounts paid by virtue of this Section shall be paid
from funds of the respective fire protection districts. Per diem payments under this Section
to members of police juries serving ex officio as members of the governing boards of fire
protection districts shall be in addition to per diem paid them as members of the police juries.

(2) If a member is elected secretary or treasurer or secretary-treasurer of the board,
he may be compensated additionally for such office.

(3) Notwithstanding the provisions of Paragraphs (1) and (2) of this Subsection, the
governing board of the Fire Protection District No. 7 of Vermilion Parish may choose to
provide compensation for the elected president of its board. Only one officer shall receive
compensation and the remaining board members shall receive only the per diem and
reimbursed expenses provided for in Paragraphs (1) and (2) of this Subsection.

B.(1) Notwithstanding the provisions of Subsection A hereof, all members of the
governing board of Tangipahoa Parish Fire Protection District No. 1, including any members
who are members of the Tangipahoa Parish Police Jury, shall be paid a per diem of thirty
dollars for attending meetings of the board, not to exceed two meetings in any one calendar
month, and may be reimbursed any expenses incurred in performing the duties imposed upon
them by virtue of their serving as members of the board. The amount paid by virtue of this
Subsection shall be paid from funds of the said protection district.

(2) If a member is elected secretary or treasurer or secretary-treasurer of the board,
he may be compensated additionally for such services.

C.(1) Notwithstanding the provisions of Subsection A hereof, all members of the
governing boards of St. Landry Parish fire protection districts, except for St. Landry Parish
Fire Protection District Number Two, may be paid a per diem of fifty dollars for attending
meetings of the board, not to exceed two meetings in any one calendar month, and may be
reimbursed any expenses incurred in performing the duties imposed upon them by virtue of
their serving as members of the board.

(2) All members of the governing board of St. Landry Fire Protection District
Number Two may be paid a per diem of seventy-five dollars for attending meetings of the
board, not to exceed two meetings in any one calendar month, and may be reimbursed any
expenses incurred in performing the duties imposed upon them by virtue of their serving as
members of the board.

(3) The amount paid by virtue of this Subsection shall be paid from funds of the
respective protection district.

(4) If a member is elected secretary or treasurer or secretary-treasurer of the board,
he may be compensated additionally for such services.

D. Notwithstanding the per diem rate set by Subsection A of this Section but
otherwise in accordance therewith, members of the governing authority of any fire protection
district wholly within Calcasieu Parish may be paid a per diem not to exceed one hundred
dollars. However, no increase in per diem pursuant to this Subsection shall be paid to
members of any such governing authority until a per diem rate for the particular district has
been approved by the parish governing authority.

E. Notwithstanding the amount of the per diem authorized by Subsection A of this
Section but otherwise in accordance therewith, all members of the governing board of any
fire protection district located wholly within the parish of St. Landry may be paid a per diem
of eighty dollars for attending meetings of the board, not to exceed two meetings in any one
calendar month, and thirty dollars for attending committee meetings, not to exceed two in
any month.

F. Notwithstanding the provisions of Subsection A of this Section, all members of
the governing board of any fire protection district located wholly within the parish of St.
Tammany may be paid a per diem of one hundred dollars for attending meetings of the board,
not to exceed two meetings in any one calendar month, and fifty dollars for attending
committee meetings, not to exceed two meetings in any one calendar month.

G. Notwithstanding the provisions of Subsection A of this Section, all members of
the governing board of Jefferson Davis Parish Fire District #2 may be paid a per diem of one
hundred dollars for attending meetings of the board, not to exceed two meetings in any
calendar month.

H. Notwithstanding the provisions of Subsection A of this Section, members of the
governing board of the Vermilion Parish Fire Protection District No. 7 may be paid a per
diem not to exceed one hundred dollars per meeting, not to exceed twelve meetings per year.
No increase in taxes, assessments, charges, or fees is authorized after August 1, 2012 for the
purpose of paying the increased per diem authorized by this Subsection.

I. Notwithstanding the provisions of Subsection A of this Section, members of the
governing board of Bienville Parish Ward 4 and 5 Fire Protection District may be paid a per
diem not to exceed fifty dollars per meeting, not to exceed fourteen meetings per year. A
member who serves as chairman of the board may be paid a per diem not to exceed two
hundred fifty dollars per meeting, not to exceed fourteen meetings per year.

J. Notwithstanding the provisions of Subsection A of this Section, members of the
governing board of the Ward Five Fire Protection District of Evangeline Parish may be paid
a per diem not to exceed one hundred dollars per meeting, not to exceed two meetings in any
calendar month.

K.(1) Notwithstanding the per diem rate set by Subsection A of this Section but
otherwise in accordance therewith and subject to the provisions of Paragraph (2) of this
Subsection, members of the governing board of Fire Protection District No. 5 of the Parish
of Allen, State of Louisiana may be paid a per diem of one hundred dollars, and the district
president may be paid a per diem of one hundred fifty dollars.

(2) The district's governing board may increase the per diem its members receive
above the amount provided for in Paragraph (1) of this Subsection, but the per diem shall not
exceed three hundred dollars.

*Amended by Acts 1954, No. 519, §1; Acts 1960, No. 397, §1; Acts 1968, No. 583, §1; Acts 1969, No. 84, §1; Acts 1970, No. 534, §1; Acts 1972, No. 196, §1; Acts 1975, No. 17, §1; Acts 1980, No. 218, §1; Acts 1990, No. 154, §1; Acts 1999, No. 521, §1; Acts 1999, No. 1016, §1; Acts 2001, No. 110, §1, eff. May 24, 2001; Acts 2001, No. 708, §1; Acts 2004, No. 615, §1; Acts 2009, No. 119, §1; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011; Acts 2012, No. 611, §1; Acts 2013, No. 98, §1; Acts 2013, No. 107, §1; Acts 2021, No. 148, §1; Acts 2023, No. 115, §1.*

##### **§ 40:1499** General powers and duties of board {#sec-40-1499 omnilex-key=us-la-statutes--rs-title-40--40:1499}

The board shall adopt its rules and procedure and fix the time and place of its regular meetings. Generally, it has such powers and shall perform such duties as are customary for the governing bodies of taxing districts and political subdivisions, including the right to levy taxes and to operate and control the property acquired by the district. It may do all things necessary to carry out the purposes for which the district was created.

*Amended by Acts 1975, No. 17, §1.*

##### **§ 40:1500** Districts as public corporations; powers {#sec-40-1500 omnilex-key=us-la-statutes--rs-title-40--40:1500}

A. Fire protection districts shall constitute public corporations and as such shall have all the powers of public corporations, including perpetual existence and the right and power to incur debt and contract obligations, to sue and be sued, and to have a corporate seal. Such districts shall also be authorized to do and perform all acts in their corporate capacity and in their corporate names necessary and proper for the purposes of acquiring, maintaining, and operating buildings, machinery, equipment, water tanks, water hydrants, water lines, and such other things, including both movable and immovable property, as might be necessary or proper for effective fire prevention and control or considered necessary by the governing body of the district for the protection of the property within the limits of the district against fire. However, districts may not own and operate systems of waterworks.

B. Districts may utilize their equipment to transport any injured or ill person to a hospital or other place of medical care in an emergency situation where there is no reasonable expectation of the prompt response of an ambulance or industrial ambulance.

C. Districts may enter into such contracts as they consider necessary or desirable to carry out the purposes for which they were created, including, specifically, contracts with private or public entities pursuant to which water for fire protection purposes shall be made available and paid for by the districts.

D. Districts may do such things and enter into such contracts and agreements with the United States or with any state or federal agency or instrumentality as are necessary to procure aid and grants to assist them in carrying out the purposes for which they were created.

*Amended by Acts 1962, No. 470, §1; Acts 1975, No. 17, §1; Acts 1987, No. 90, §1.*

##### **§ 40:1500.1** Emergency medical services and emergency medical transportation in the parishes of Caddo, Cameron, and Morehouse {#sec-40-1500.1 omnilex-key=us-la-statutes--rs-title-40--40:1500.1}

Any fire protection district in the parishes of Caddo, Cameron, or Morehouse may enter into public service contracts with other public service entities for emergency medical services or emergency medical transportation; or in the absence of public service entities, the fire protection district may provide such services.

*Acts 1991, No. 908, §1; Acts 1992, No. 20, eff. May 18, 1992; Acts 1995, No. 15, §1; Acts 1995, No. 22, §1.*

##### **§ 40:1501** Maintenance tax; submission to vote at certain election; additional tax {#sec-40-1501 omnilex-key=us-la-statutes--rs-title-40--40:1501}

A.(1) Notwithstanding any other provision of law, the governing authority of a fire protection district may submit to the electors of the district a proposition to levy ad valorem taxes for any of the following purposes: acquiring, constructing, improving, maintaining or operating fire protection or emergency medical service facilities, vehicles, and equipment, including both movable and immovable property, that are to be used by the district directly or indirectly to provide fire protection or emergency medical service, as defined in Paragraph (3) of this Subsection. The specific purposes of any such tax, as well as the rate and duration of the tax, shall be as determined by the governing authority of the district and specified in the proposition. Any facilities, vehicles, and equipment, whether movable or immovable, that are used directly or indirectly to provide fire protection or emergency medical service shall be deemed to be works of public improvement within the meaning of Article VI, Section 32 of the Constitution of Louisiana. The cost of maintaining or operating facilities, vehicles, and equipment shall include, without limitation, salaries and benefits of fire district personnel, the cost of obtaining water, communication, equipment, uniforms and other materials and supplies, the cost of fire hydrant rentals and service, the cost of fuel, insurance and maintenance for vehicles and equipment, the cost of insurance, utilities, upkeep of buildings and grounds, and all other maintenance and operating costs necessary to carry out the public purposes for which fire protection districts are created.

(2) Notwithstanding any other law to the contrary, the fire protection district may provide emergency medical service itself. Any district which provides such service shall have all authority granted to ambulance service districts by R.S. 33:9053 et seq. and any other provision of law.

(3) For purposes of this Subsection "emergency medical service" shall mean emergency medical services provided by fire protection districts.

(4) The Legislature of Louisiana recognizes that providing fire protection and emergency medical service by fire protection districts is a governmental purpose essential to the public health, safety and protection of citizens and property in the state. Accordingly, the provisions of this Section shall be construed liberally in order to allow fire protection districts the broadest discretion in determining the appropriate uses for their funds subject to any express constitutional limitations.

B. Whenever the governing body of the parish in which the state capitol is situated calls an election for the purpose of submitting to the qualified electors of the district the question of levying a special tax or for such purpose it may call a special election on the question of the levy of an additional five mills on the dollar of assessed valuation for a period of not to exceed ten years, in excess of and in addition to the tax authorized in the foregoing Subsection, for the purpose of maintaining and operating the district's fire protection facilities and paying the cost of obtaining water for fire protection purposes and more particularly for salaries of firemen. Whenever the governing authority of Tangipahoa Fire Protection District No. 1 calls an election for the purpose of submitting to the qualified electors of the district the question of levying a special tax or for such purpose, it may call a special election on the question of the levy of an additional five mills on the dollar of assessed valuation for a period of not to exceed ten years, in excess of and in addition to the tax authorized in the foregoing paragraph, for the purpose of purchasing fire protection equipment, maintaining and operating the district's fire protection facilities and equipment, paying the cost of water, and for salaries of firemen. An election on the question of a levy of the additional tax as herein provided shall be in accordance with and subject to the requirements provided for in the foregoing Subsection.

C.(1) The governing authority of the Ouachita Parish Fire Protection District No. 1 may call an election for the purpose of submitting to the qualified electors of the district the question of levying an additional tax of twenty mills on the dollar of assessed valuation for a period not to exceed ten years.

(2) This tax shall be in addition to the tax authorized in Subsection A of this Section and shall be for the purpose of purchasing fire protection equipment, maintaining and operating the district's fire protection facilities and equipment, paying the cost of water, and for salaries of firemen.

(3) An election on the question of a levy of the additional tax as herein provided shall be in accordance with and subject to the requirements provided for in Subsection A of this Section.

D.(1) The governing authority of Fire Protection District Number One of Caddo Parish may call an election for the purpose of submitting to the qualified electors of the district the question of levying an additional tax of ten mills on the dollar of assessed valuation for a period not to exceed ten years; if the question of levying such tax is approved by a majority of the electors of the district voting in that election, said governing authority may levy such tax by majority vote of its members. Such tax shall be in addition to the tax authorized in Subsection A of this Section and shall be for the purpose of purchasing fire protection equipment, maintaining, and operating the fire protection facilities and equipment of the district, paying the cost of water, and for salaries of firemen. An election on the question of a levy of the additional tax as herein provided shall be in accordance with and subject to the requirements of Subsection A of this Section.

(2) The governing authority of Fire Protection District No. 3 of Caddo Parish may call an election for the purpose of submitting to the qualified electors of the district the question of levying an additional tax of ten mills on the dollar of assessed valuation for a period not to exceed ten years; if the question of levying such tax is approved by a majority of the electors of the district voting in that election, said governing authority may levy such tax by majority vote of its members. Such tax shall be in addition to the tax authorized in Subsection A of this Section and shall be for the purpose of maintaining and operating the fire protection district. An election on the question of the levy of the additional tax as herein provided shall be in accordance with and subject to the requirements of Subsection A of this Section. The avails of such tax may also be used for emergency medical transportation and emergency services of the district.

(3) The governing authority of District 6 Fire Protection District of East Baton Rouge Parish may call an election for the purpose of submitting to the qualified electors of the district the question of levying an additional tax not to exceed twenty-five mills on the dollar of assessed valuation for a period not to exceed ten years; if the question of levying such tax is approved by the electors of the district voting in that election, said governing authority may levy such tax by majority vote of its members. Such tax shall be in addition to the tax authorized in Subsection A of this Section and shall be for the purpose of purchasing fire protection trucks and equipment, maintaining, and operating the fire protection facilities, paying the cost of obtaining water for fire protection purposes, including charges for fire hydrant rentals, and for personnel salaries. An election on the question of a levy of the additional tax as herein provided shall be in accordance with and subject to the requirements of Subsection A of this Section.

E.(1) In addition to the tax provided for in Subsection A of this Section, the board of commissioners of Fire Protection District No. 1, St. Tammany Parish is hereby authorized to levy an additional tax not to exceed thirty-five mills on the dollar of assessed valuation for a period not to exceed ten years if the question of levying such tax is approved by the electors of the district voting in an election called for that purpose. The purpose of the additional tax shall be to maintain and operate the district's fire protection facilities, to purchase fire trucks and other fire fighting equipment, and to pay the cost of obtaining water for fire protection purposes, including hydrant rentals and service.

(2) In addition to the tax provided for in Subsection A of this Section, the board of commissioners for Caddo Parish Fire Protection District No. Six is hereby authorized to levy an additional tax not to exceed ten mills on the dollar of assessed valuation for a period not to exceed ten years if the question of levying such tax is approved by the electors of the district voting in an election called for that purpose. The purpose of the additional tax shall be to maintain and operate the district's fire protection facilities, to purchase fire trucks and other fire fighting equipment, and to pay the cost of obtaining water for fire protection purposes, including hydrant rentals and service.

(3) In addition to the tax provided for in Subsection A of this Section, the governing authority of any fire district whose boundaries are wholly within the boundaries of Jefferson Parish is hereby authorized to levy an additional tax not to exceed twenty-five mills on the dollar of assessed valuation for a period not to exceed ten years if the question of levying such tax is approved by the electors of the district voting in an election called for that purpose. The purpose of the additional tax shall be to maintain and operate the fire protection facilities, including operating expenses and capital improvements of those facilities.

(4) In addition to the tax provided for in Subsection A of this Section and for the purposes provided therein, the governing authorities of Fire Protection District No. 4-A of Terrebonne Parish, Fire Protection District No. 5 of Terrebonne Parish, Fire Protection District No. 6 of Terrebonne Parish, Fire Protection District No. 9 of Terrebonne Parish, Fire Protection District No. 10 of Terrebonne Parish, and Village East Fire Protection District of Terrebonne Parish, respectively, are hereby authorized to levy an additional tax, not to exceed five mills on the dollar of assessed valuation and for a period not to exceed ten years, if the question of levying such tax is approved by a majority of the electors of the district voting in an election called for that purpose.

(5) In addition to the tax provided for in Subsection A of this Section and for the purposes provided therein, the governing authority of Rural Fire Protection District No. 2 of Tangipahoa Parish is hereby authorized to levy an additional tax, not to exceed twenty mills on the dollar of assessed valuation and for a period not to exceed ten years, if the question of levying such tax is approved by a majority of the electors of the district voting in an election called for that purpose.

(6) In addition to the tax provided for in Subsection A of this Section, the governing authority of the Ward 4 Fire Protection District of Jackson Parish is hereby authorized to levy an additional tax not to exceed five mills on the dollar of assessed valuation for a period not to exceed ten years if the question of levying such tax is approved by the electors of the district voting in an election called for that purpose. The purpose of the additional tax shall be to maintain and operate the district's fire protection facilities, to purchase fire trucks and other fire fighting equipment, and to pay the cost of obtaining water for fire protection purposes, including hydrant rentals and service.

(7) In addition to the tax provided for in Subsection A of this Section and for the purposes provided therein, the governing authority of Benton Fire Protection District No. 4 of Bossier Parish is hereby authorized to levy an additional tax, not to exceed ten mills on the dollar of assessed valuation and for a period not to exceed ten years, if the question of levying such tax is approved by a majority of the electors of the district voting in an election called for that purpose.

(8) In addition to the tax provided for in Subsection A of this Section and for the purposes provided therein, the governing authority of East-Central Bossier Parish Fire District No. 1 is hereby authorized to levy an additional tax, not to exceed ten mills on the dollar of assessed valuation and for a period not to exceed ten years, if the question of levying such tax is approved by a majority of the electors of the district voting in an election called for that purpose.

(9) In addition to the tax provided for in Subsection A of this Section and for the purposes provided therein, the governing authority of any fire protection district whose boundaries are wholly within the boundaries of Rapides Parish is hereby authorized to levy an additional tax, not to exceed forty mills on the dollar of assessed valuation and for a period not to exceed ten years, if the question of levying such tax is approved by a majority of the electors of the district voting in an election called for that purpose.

Amended by Acts 1952, No. 123, §1; Acts 1970, No. 556, §1; Acts 1975, No. 17, §1; Acts 1977, No. 95, §1; Acts 1978, No. 206, §1; Acts 1984, No. 87, §1, eff. June 15, 1984; Acts 1988, No. 395, §1, eff. July 10, 1988; Acts 1989, No. 690, §1, eff. July 7, 1989; Acts 1989, 2nd Ex. Sess., No. 7, §1, eff. July 14, 1989; Acts 1989, 2nd Ex. Sess., No. 16, §2, eff. July 24, 1989; Acts 1992, No. 18, §1, eff. May 19, 1992; Acts 1992, No. 21, §1, eff. May 18, 1992; Acts 1992, No. 151, §1, eff. June 5, 1992; Acts 1995, No. 23, §1, eff. May 25, 1995; Acts 1995, No. 1176, §1, eff. June 29, 1995; Acts 1996, 1st Ex. Sess., No. 10, §1, eff. May 1, 1996; Acts 1997, No. 20, §1, eff. May 14, 1997; Acts 1997, No. 192, §1; Acts 1997, No. 566, §1; Acts 1998, No. 14, §1; Acts 1999, No. 414, §1, eff. June 18, 1999*; Acts 1999, No. 1198, §1.

NOTE: *See Acts 1999, No. 414, §3, relative to retroactive application.

##### **§ 40:1501.1** Tangipahoa Parish Fire Protection District No. 1 {#sec-40-1501.1 omnilex-key=us-la-statutes--rs-title-40--40:1501.1}

As an alternative to the provisions of R.S. 40:1501, the governing authority of Tangipahoa Parish Fire Protection District No. 1 may call an election for the purpose of submitting to the qualified electors of the district the question of levying a tax of not more than twenty mills on the dollar for a period of not more than ten years to be used to acquire fire trucks and other fire fighting equipment and for the purpose of maintaining and operating the district's fire protection facilities and paying the cost of obtaining water for fire protection purposes, including charges for fire hydrant rentals and service. The election shall be held in accordance with the provisions of R.S. 18:1281 et seq.

*Added by Acts 1977, No. 94, §1; Acts 1998, No. 69, §1, eff. June 24, 1998.*

##### **§ 40:1501.2** Fire protection districts; DeSoto Parish; tax collections not to be reduced {#sec-40-1501.2 omnilex-key=us-la-statutes--rs-title-40--40:1501.2}

Notwithstanding any other law to the contrary, the entirety of the collection of any tax imposed under authority of R.S. 40:1501, relative to any fire protection district within the parish of DeSoto, shall be made available to the relevant fire protection district, and shall not be reduced by being diverted for any other purpose.

*Acts 1990, No. 533, §1, eff. July 19, 1990.*

##### **§ 40:1501.3** Ouachita Parish Fire Protection District No. 1; authority to levy additional sales and use tax {#sec-40-1501.3 omnilex-key=us-la-statutes--rs-title-40--40:1501.3}

A. The Ouachita Parish Fire Protection District No. 1 is hereby authorized to levy and collect an additional one-half of one percent sales and use tax within the Ouachita Parish Fire Protection District No. 1 pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana.

B. The proceeds of the tax herein authorized shall be used for maintaining and operating fire protection facilities and obtaining water for fire protection purposes.

C. The sales and use tax so levied shall be imposed by an ordinance of the Board of Commissioners of Ouachita Parish Fire Protection District No. 1 and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the storage for use or consumption of tangible personal property, and on sales of services in the district, all as defined in Chapter 2 of Subtitle II, Title 47 of the Louisiana Revised Statutes of 1950; said tax being previously approved by a majority of the electors of Ouachita Parish voting in an election conducted in accordance with the election laws of the state of Louisiana on October 21, 1995.

D. This tax shall be in addition to all other taxes and shall be collected at the same time and in the same manner as set forth in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950.

*Acts 1996, 1st Ex. Sess., No. 25, §1, eff. May 6, 1996.*

##### **§ 40:1501.4** Calcasieu Parish; taxes in annexed areas {#sec-40-1501.4 omnilex-key=us-la-statutes--rs-title-40--40:1501.4}

A.(1) Notwithstanding the provisions of R.S. 40:1501 or any other provision of law which authorizes fire protection districts to levy ad valorem taxes, no fire protection district shall levy or collect ad valorem taxes, except as provided in Paragraph (2) of this Subsection, in any area to which both of the following apply:

(a) The area is in Calcasieu Parish and has been annexed into a municipality.

(b) Pursuant to a contract between the municipality and the fire protection district, the municipality provided regular fire protection to the area prior to annexation in exchange for revenues of the fire protection district received from the levy of ad valorem taxes.

(2) The fire protection district shall continue to levy and collect any ad valorem taxes or portion thereof the avails of which are pledged as security for bonded indebtedness until the avails of such taxes are sufficient to pay off such indebtedness.

B. If at any time an area in which a fire protection district has been authorized to levy and collect ad valorem taxes is annexed and such area meets the criteria set forth in Paragraph A(1) of this Section, the authority of the district to levy and collect such taxes in the area, except any taxes collected pursuant to Paragraph A(2) of this Section, shall expire at the time and for the year in which the annexation ordinance becomes effective. The authority of the district to levy and collect taxes pursuant to Paragraph A(2) of this Section shall expire at the time and for the year in which the indebtedness is paid off.

*Acts 1998, No. 15, §1; Acts 1999, No. 1105, §1.*

##### **§ 40:1501.5** Fire protection districts in the parish of Tangipahoa; authority to levy sales and use tax {#sec-40-1501.5 omnilex-key=us-la-statutes--rs-title-40--40:1501.5}

A. Fire protection districts in the parish of Tangipahoa are hereby authorized to levy and collect a one-half of one percent sales and use tax within each parish fire protection district pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana.

B. The proceeds of the tax herein authorized shall be used for maintaining and operating fire protection facilities and obtaining water for fire protection purposes.

C. The sales and use tax so levied shall be imposed by a resolution of the board of commissioners of each district and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the storage for use or consumption of tangible personal property, and on sales of services in the district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950^1^; said tax shall be levied only after approval by a majority of the electors of the district voting in an election conducted in accordance with the election laws of the state of Louisiana.

D. This tax shall be in addition to all other taxes and shall be collected at the same time and in the same manner as set forth in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950^1^.

Acts 2002, No. 82, §1, eff. June 25, 2002; Acts 2011, 1^st^ Ex. Sess., No. 12, §1, eff. June 12, 2011.

^1^R.S. 47:301 et seq.

##### **§ 40:1501.6** St. Tammany Parish; taxes in areas annexed into the city of Covington {#sec-40-1501.6 omnilex-key=us-la-statutes--rs-title-40--40:1501.6}

A.(1) Notwithstanding the provisions of R.S. 40:1501 or any other provision of law which authorizes fire protection districts to levy ad valorem taxes, Fire Protection District No. 12 of St. Tammany Parish shall not levy or collect ad valorem taxes in any area which is within the corporate limits of the city of Covington on January 1, 2007, unless an agreement between the city and the fire protection district is executed pursuant to R.S. 33:221 granting the fire protection district the exclusive right to serve the annexed area.

(2) The fire protection district shall continue to levy and collect any ad valorem taxes or portion thereof, the avails of which are pledged as security for bonded indebtedness. The authority of the district to levy and collect taxes pursuant to this Paragraph shall expire at the time and for the year in which the indebtedness is paid off.

B. Fire protection services for all property within the corporate limits of the city of Covington on January 1, 2007, shall be the sole responsibility of the city except as may be provided by an agreement between the city and one or more affected fire protection districts.

C. Any property situated within the growth boundary areas 1, 2, or 3, as described in the Growth Management and Revenue Sharing Agreement Supplementing and Amending the 1990 Sales Tax Enhancement Plan, Instrument # 1365867,which may be annexed by the city, fire protection services for such property shall be the sole responsibility of the city. However, prior to such annexation, an agreement for fire protection services shall be entered into by the city and each affected fire protection district.

D. Notwithstanding any provisions to the contrary, nothing in this Section shall prevent the city of Covington and any affected fire protection district from entering into a mutually acceptable agreement for fire protection services.

E. The provisions of this Section shall not affect the provisions of Act No. 102 of the 2000 First Extraordinary Session^1^ of the Louisiana Legislature, which Act shall remain in effect.

Acts 2006, No. 831, §1, eff. January 1, 2007.

^1^Acts 2000, 1^st^ Ex. Sess., enacted §1501.5. The Section was declassified by the Law Institute and placed in the Local and Special Acts.

##### **§ 40:1501.7** Caddo Parish Fire District No. 1; authority to levy sales and use tax {#sec-40-1501.7 omnilex-key=us-la-statutes--rs-title-40--40:1501.7}

A. Notwithstanding any other provision of law to the contrary, Caddo Parish Fire District No. 1 may levy and collect a sales and use tax not to exceed one percent pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire District No. 1 may levy the tax only if the levy of the tax is approved by a majority of the electors in the district who vote on a proposition authorizing the levy of the tax.

B. The proceeds of the tax authorized by this Section shall be used for maintaining and operating fire protection facilities, for obtaining water for fire protection purposes, or for any other lawful purpose as determined by the governing board.

C. The sales and use tax so levied shall be imposed by an ordinance of the district and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the storage for use or consumption of tangible personal property, and on sales of services in the district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950.

D. The tax shall be in addition to all other authorized sales and use taxes and shall be collected at the same time and in the same manner as other local sales and use taxes.

*Acts 2014, No. 232, §1, eff. May 28, 2014.*

##### **§ 40:1501.8** Caddo Parish Fire District No. 3; authority to levy sales and use tax {#sec-40-1501.8 omnilex-key=us-la-statutes--rs-title-40--40:1501.8}

A. Notwithstanding any other provision of law to the contrary, Caddo Parish Fire
District No. 3 may levy and collect a sales and use tax not to exceed one percent pursuant to
the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire
District No. 3 may levy the tax only if the levy of the tax is approved by a majority of the
electors in the district who vote on a proposition authorizing the levy of the tax.

B. The proceeds of the tax authorized by this Section shall be used for maintaining
and operating fire protection facilities, for obtaining water for fire protection purposes, or for
any other lawful purpose as determined by the governing board.

C. The sales and use tax so levied shall be imposed by an ordinance of the district
and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the
storage for use or consumption of tangible personal property, and on sales of services in the
district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes
of 1950.

D. The tax shall be in addition to all other authorized sales and use taxes and shall
be collected at the same time and in the same manner as other local sales and use taxes.

*Acts 2019, No. 149, §1, eff. June 6, 2019.*

##### **§ 40:1501.9** Caddo Parish Fire District No. 4; authority to levy sales and use tax {#sec-40-1501.9 omnilex-key=us-la-statutes--rs-title-40--40:1501.9}

A. Notwithstanding any other provision of law to the contrary, Caddo Parish Fire
District No. 4 may levy and collect a sales and use tax not to exceed one percent pursuant to
the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire
District No. 4 may levy the tax only if the levy of the tax is approved by a majority of the
qualified electors of the district voting on the proposition at an election held for that purpose
and conducted in accordance with the Louisiana Election Code and held on a date that
corresponds with an election date provided by R.S. 18:402(A)(1) or (B)(1).

B. The proceeds of the tax authorized by this Section shall be used for maintaining
and operating fire protection facilities, for obtaining water for fire protection purposes, or for
any other lawful purpose as determined by the governing board.

C. The sales and use tax so levied shall be imposed by an ordinance of the district
and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the
storage for use or consumption of tangible personal property, and on sales of services in the
district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes
of 1950.

D. The tax shall be in addition to all other authorized sales and use taxes and shall
be collected at the same time and in the same manner as other local sales and use taxes.

*Acts 2024, No. 206, §1.*

##### **§ 40:1501.10** Caddo Parish Fire District No. 6; authority to levy sales and use tax {#sec-40-1501.10 omnilex-key=us-la-statutes--rs-title-40--40:1501.10}

A. Notwithstanding any other provision of law to the contrary, Caddo Parish Fire
District No. 6 may levy and collect a sales and use tax not to exceed one percent pursuant to
the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire
District No. 6 may levy the tax only if the levy of the tax is approved by a majority of the
qualified electors of the district voting on the proposition at an election held for that purpose
and conducted in accordance with the Louisiana Election Code and held on a date that
corresponds with an election date provided by R.S. 18:402(A)(1) or (B)(1).

B. The proceeds of the tax authorized by this Section shall be used for maintaining
and operating fire protection facilities, for obtaining water for fire protection purposes, or for
any other lawful purpose as determined by the governing board.

C. The sales and use tax so levied shall be imposed by an ordinance of the district
and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the
storage for use or consumption of tangible personal property, and on sales of services in the
district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes
of 1950.

D. The tax shall be in addition to all other authorized sales and use taxes and shall
be collected at the same time and in the same manner as other local sales and use taxes.

*Acts 2024, No. 388, §1.*

##### **§ 40:1502** Service charge authorized for DeSoto Parish; assessment and collection {#sec-40-1502 omnilex-key=us-la-statutes--rs-title-40--40:1502}

A.(1) The governing authority of any fire protection district situated wholly within the geographical boundaries of DeSoto Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge to be assessed persons owning property located wholly or partly within the boundaries of the fire protection district as customers of the district, subject to the provisions of Subsection B of this Section. Such service charges shall be equal for all customers and shall be framed so as to cover the costs of any or all of the following components of fire protection services:

(a) The purchase of fire protection equipment.

(b) The maintenance and operation of fire protection facilities and equipment.

(c) Obtaining water for fire protection purchases.

(2) The fire protection district shall provide a receipt to each property owner paying the service charge. All insurers and all insurance agents shall have proof of a current service charge receipt before considering any reduced rates because of fire district protection.

B. Service charges so established shall be assessed by resolution of the governing authority of the fire protection district. However, the resolution assessing said service charges shall be adopted by the governing authority only after the question of the assessment and the amount of the service charge established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the general election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.

C. The governing authority of any fire protection district assessing a service charge for fire protection services to customers of the district as provided in this Section shall also have the authority to use any necessary and proper means to collect and enforce the collection of such service charges, including contracting with another political subdivision within DeSoto Parish or any official of said parish to effect such collection. However, liens shall not be placed on property for failure to pay such service charge.

*Added by Acts 1985, No. 117, §1, eff. June 29, 1985; Acts 1992, No. 93, §1.*

##### **§ 40:1502.1** Service charges authorized; assessment and collection {#sec-40-1502.1 omnilex-key=us-la-statutes--rs-title-40--40:1502.1}

A.(1)(a) The governing authority of any fire protection district situated wholly within
the geographical boundaries of Rapides Parish, Lincoln Parish, Claiborne Parish, Union
Parish, Morehouse Parish, East Carroll Parish, or West Carroll Parish is hereby authorized
to establish, by majority vote of the members of the authority, a service charge or rates of
service charges for each residential or commercial structure for a term not to exceed ten years
to be assessed persons owning each such structure, whether occupied or unoccupied, located
wholly or partly within the boundaries of the fire protection district, subject to the provisions
of Subsection B of this Section.

(b) The governing authority of any fire protection district situated wholly within the
geographical boundaries of St. Mary Parish, the governing authority of any fire protection
district situated wholly within the geographical boundaries of East Baton Rouge Parish, the
governing authority of any fire protection district situated wholly within the geographical
boundaries of Livingston Parish, the governing authority of Fire Protection District No. 2 of
St. Helena Parish, the governing authority of any fire protection district situated wholly
within the geographical boundaries of Caddo Parish, the governing authority of Ward One
Fire Protection District No. 1 of Calcasieu Parish, and the governing authority of Fire
Protection District No. 1 of Tangipahoa Parish is hereby authorized to establish, by majority
vote of the members of the authority, a service charge or rates of service charges for each
residential or commercial structure for a term not to exceed ten years to be assessed persons
owning each such structure, whether occupied or unoccupied, located wholly or partly within
the boundaries of the fire protection district, and the persons owning the ground upon which
each such structure is situated subject to the provisions of Subsection B of this Section.

(2)(a) For purposes of this Section as it relates to any fire protection district situated
wholly within the geographical boundaries of Rapides, Lincoln, Claiborne, Union,
Morehouse, East Carroll, or West Carroll Parish, each residential or commercial unit in a
structure shall be considered a separate structure, and a factory-built home as defined in R.S.
9:1149.2 shall be considered a structure. The service charges or rates of service charges shall
be equal for all structures of a given class and shall be framed to cover and shall be used for
the costs of any or all fire protection services; however, in Lincoln, Claiborne, Union,
Morehouse, East Carroll, and West Carroll parishes, the service charges or rates of service
charges for each class of structure shall be framed to cover and shall be used for the costs of
any or all fire protection and emergency services.

(b) For purposes of this Section as it relates to any fire protection district situated
wholly within the geographical boundaries of St. Mary, East Baton Rouge, Livingston, or
Caddo Parish, Fire Protection District No. 2 of St. Helena Parish, Ward One Fire Protection
District No. 1 of Calcasieu Parish, and Fire Protection District No. 1 of Tangipahoa Parish,
each residential, commercial, occupancy, or tenant unit in a structure shall be considered a
separate structure, and a factory-built home as defined in R.S. 9:1149.2 shall be considered
a structure. The service charges or rates of service charges shall be equal for all structures of
a given class and shall be framed to cover and shall be used for the costs of any or all fire
protection services; however, in Ward One Fire Protection District No. 1 of Calcasieu Parish,
and in Fire Protection District No. 1 of Tangipahoa Parish, the service charges or rates of
service charges for each class of structure shall be framed to cover and shall be used for the
costs of any or all fire protection and emergency services.

(3) The governing authority of the Spencer-West Sterlington Fire Protection District
may exempt outbuildings and similar structures which are not operable commercial
structures or livable residential structures, as defined or identified by the governing authority
of the district, from any service charge assessed pursuant to this Section.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment, its duration, and the amount of the service charge or rates of
service charges established have been submitted to and approved by a majority of electors
of the district voting at an election held for that purpose. Such election shall be conducted
in accordance with the election laws of the state and shall be held at the same time that an
election authorized by the provisions of R.S. 18:402 is held.

C.(1)(a) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes.

(b) For the Old Ward Seven Fire Protection District of Union Parish, such means
shall include the assessor carrying the fire protection service charges on the tax rolls for
Union Parish and the sheriff of Union Parish collecting such service charges at the same time
as ad valorem taxes are collected and with the same authority with which such taxes are
collected.

(c) For the Spencer/West Sterlington Fire Protection District of Union Parish such
means shall include the assessor carrying the fire protection service charges on the tax rolls
for Union Parish and the sheriff of Union Parish collecting such service charges at the same
time as ad valorem taxes are collected and with the same authority with which such taxes are
collected.

(d) In Lincoln Parish, such means shall include the assessor carrying the fire
protection service charges on the tax rolls for Lincoln Parish and the sheriff of Lincoln Parish
collecting such service charges at the time ad valorem taxes are collected. If any fire
protection service charge becomes delinquent and unpaid, the sheriff shall send "Final
Notices" to the delinquent property owners by registered or certified mail. He shall also
publish the delinquent property owners' names and addresses in the parish journal setting
forth the date and place of property sale to enforce collection in the same manner as for ad
valorem taxes. Such fire protection service charge obligations shall prime all other liens,
mortgages, and privileges against the property except those for taxes and prior recorded local
and special assessments. The governing authority shall compensate the sheriff and tax
assessor for such services and collection upon mutual agreement of the governing authority
and the sheriff and tax assessor.

(2)(a)(i) The governing authority of any district referred to in Subparagraph A(1)(a)
shall also have the authority to place liens for fire protection service charges upon the
structure subject to the charge, upon the building, if any, in which the structure is located if
it is owned by the owner of the structure, and upon the lot of ground not exceeding one acre
on which the structure is situated if such lot of ground belongs to the person who owns such
structure. However, if such structure or building is owned by a lessee of the lot of ground,
the lien shall exist only against the lease and shall not affect the owner of the lot. Such lien
shall be placed upon property only in the event of the refusal of the owner of a structure to
pay said service charges when requested to do so by said governing authority within thirty
days of receipt by the owner of such a request by registered or certified letter.

(ii) The governing authority of any district referred to in Subparagraph A(1)(b) shall
also have the authority to place liens for fire protection service charges upon the structure
subject to the charge, upon the building, if any, in which the structure is located if it is owned
by the owner of the structure, and upon the lot of ground on which the structure is situated.
Such lien shall be placed upon property only in the event of the failure or refusal of the
owner of a structure to pay said service charges when requested to do so by said governing
authority within thirty days of receipt by the owner of such a request by registered or certified
letter. When the owner of the structure is not the owner of the ground upon which the
structure is situated, the lien shall not affect the ground unless the owner of the ground fails
or refuses to pay said service charges within thirty days after receipt of request, made by
registered or certified letter, from the governing authority for such payment.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of the parish, which, when so filed and recorded, shall operate
as a lien and privilege in favor of the district against property as provided herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said charges, together with all costs of court and attorney fees, by ordinary process
in the Ninth Judicial District for Rapides Parish, in the Second Judicial District for Claiborne
Parish, in the Third Judicial District for Lincoln Parish and Union Parish, in the Sixth
Judicial District for East Carroll Parish, in the Fifth Judicial District for West Carroll Parish,
in the Fourth Judicial District for Morehouse Parish, in the Nineteenth Judicial District for
East Baton Rouge Parish, in the Twenty-first Judicial District for Livingston Parish, St.
Helena Parish, and Tangipahoa Parish, in the Sixteenth Judicial District for St. Mary Parish,
the First Judicial District for Caddo Parish, the Fourteenth Judicial District for Calcasieu
Parish, or any other court of competent jurisdiction in Calcasieu Parish.

(d) Said governing authority may also provide, by resolution, for interest on the
amount of said charges, which shall be paid prior to cancellation of the lien. The rate of
interest charged shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and
such interest shall be computed from the date of recordation of the lien until paid.

D. The clerk for the Nineteenth Judicial District Court for the parish of East Baton
Rouge shall exempt all fire protection districts wholly situated within the parish of East
Baton Rouge from all costs, fees, and expenses related to the recordation, preservation, and
enforcement of liens under this Section.

E.(1) In addition to all other means of collection, the governing authority of fire
protection districts situated wholly within the parish of East Baton Rouge are hereby
authorized to collect service charges by use of any means authorized by law for the collection
of taxes. The governing authority of a fire protection district may submit to the assessor a
certified list, either in hard or electronic form, reflecting the service charge amounts due, the
property upon which each amount is levied, and the last owner of record of such property.
Upon receipt of such information, the assessor shall place the service charges on the tax roll.
If the list is received by the assessor on or before October fifteenth, then the service charges
shall be placed on the roll for the current year. If the list is received by the assessor after
October fifteenth, then the service charges shall be placed on the roll for the next tax year.
Upon filing with the recorder of mortgages, the roll shall operate as a lien against all property
against which the service charges have been assessed as provided by Chapter 3 of Subtitle
III of Title 47 of the Louisiana Revised Statutes of 1950. All service charge amounts
reflected on the roll shall be subject to interest in the same manner as ad valorem taxes. The
assessor shall be reimbursed in the same manner as provided in R.S. 47:1993.1(C), but the
governing authority of a fire protection district shall not be required to pay such
reimbursement in advance. The sheriff, as ex officio tax collector, shall collect and remit all
service charges in the same manner as all other ad valorem taxes are collected and shall
retain the same commission as he receives for the collection of ad valorem taxes. Such
means of collection shall include but are not limited to tax sales as provided for in Chapter
5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950.

(2) Fire protection service charge liens in East Baton Rouge Parish shall prime all
other liens, mortgages, and privileges against the property, except those for prior recorded
taxes and local and special assessments.

*Acts 1986, No. 937, §1; Acts 1987, No. 822, §1, eff. July 20, 1987; Acts 1987, No. 941, §1, eff. July 20, 1987; Acts 1988, No. 870, §1, eff. July 18, 1988; Acts 1990, No. 157, §1, eff. July 1, 1990; Acts 1991, No. 604, §1, eff. July 16, 1991; Acts 1992, No. 17, §1, eff. May 19, 1992; Acts 1993, No. 75, §1; Acts 1993, No. 210, §1; Acts 1995, No. 17, §1, eff. July 1, 1995; Acts 1995, No. 37, §1, eff. Jan. 1, 1996; Acts 1995, No. 360, §1, eff. June 16, 1995; Acts 1995, No. 361, §1, eff. June 16, 1995; Acts 1995, No. 510, §1; Acts 1995, No. 764, §1; Acts 1997, No. 131, §1; Acts 1999, No. 1163, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.2** Service charge authorized for Fire Protection District Number Three of Beauregard Parish; assessment and collection {#sec-40-1502.2 omnilex-key=us-la-statutes--rs-title-40--40:1502.2}

A. The governing authority of Fire Protection District Number Three of
Beauregard Parish is hereby authorized to establish, by majority vote of the members
of the authority, a service charge of fifty dollars for each residential or commercial
structure for a term not to exceed ten years to be assessed persons owning each
structure, whether occupied or unoccupied, located wholly or partly within the
boundaries of the fire protection district, subject to the provisions of Subsection B
of this Section. For purposes of this Section, each residential or commercial unit in
a structure shall be considered a separate structure, and a factory-built home as
defined in R.S. 9:1149.2 shall be considered a structure. The service charges shall be
used for the costs of any or all fire protection services.

B. Service charges so established shall be assessed by resolution of the
governing authority of the fire protection district. However, the resolution assessing
said service charges shall be adopted by the governing authority only after the
question of the assessment and its duration have been submitted to and approved by
a majority of electors of the district voting at an election held for that purpose. Such
election shall be conducted in accordance with the election laws of the state and shall
be held at the same time that an election authorized by the provisions of R.S. 18:402
is held.

C. Service charges assessed for fire protection services as provided in this
Section shall become due and delinquent at the same time as ad valorem taxes
become due and delinquent. The sheriff of Beauregard Parish may use any
reasonable means to collect and enforce the collection of such service charges,
including any means authorized by law for collection of taxes.

*Acts 1987, No. 145, §1, eff. June 18, 1987; Acts 2024, No. 287, §7.*

##### **§ 40:1502.3** Service charge authorized for Richland Parish; assessment and collection {#sec-40-1502.3 omnilex-key=us-la-statutes--rs-title-40--40:1502.3}

A. The governing authority of any fire protection district situated wholly within the
geographical boundaries of Richland Parish is hereby authorized to establish, by majority
vote of the members of the authority, a service charge or rates of service charges to be
assessed persons owning each residential or commercial structure, whether occupied or
unoccupied, located wholly or partly within the boundaries of the fire protection district,
subject to the provisions of Subsection B of this Section. For purposes of this Section, each
residential or commercial unit and each housing unit within a multiple dwelling structure
shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2
shall be considered a structure. The service charges or rates of service charges shall be equal
for all structures, except that factory-built homes shall be charged no less than fifty percent
and no more than eighty percent of the service charge, and shall be framed to cover and shall
be used for the costs of any or all fire protection services. The fire protection district shall
provide a receipt to each property owner paying the service charge. All insurers and all
insurance agents shall have proof of a current service charge receipt before considering any
reduced rates because of fire district protection.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charge or rates of service charges
established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes.

(2) The governing authority of any such district shall also have the authority to place
liens for fire protection service charges upon the structure subject to the charge, upon the
building, if any, in which the structure is located if it is owned by the owner of the structure,
and upon the lot of ground not exceeding one acre on which the structure is situated if such
lot of ground belongs to the person who owns such structure; however, if such structure or
building is owned by a lessee of the lot of ground, the lien shall exist only against the lease
and shall not affect the owner of the lot. Such lien shall be placed upon property only in the
event of the refusal of the owner of a structure to pay said service charges when requested
to do so by said governing authority within thirty days of receipt by the owner of such a
request by registered or certified letter. The governing authority may file a statement
reflecting the amount of the unpaid charges in the mortgage office of Richland Parish, which,
when so filed and recorded, shall operate as a lien and privilege in favor of the district against
property as provided herein. In addition, the governing authority of the district shall be
entitled to recover the amount of said charges, together with all costs of court and attorney
fees, by ordinary process in the Fifth Judicial District. Said governing authority may also
provide, by resolution, for interest on the amount of said charges, which shall be paid prior
to cancellation of the lien. The rate of interest charged shall not exceed the rate of legal
interest, as provided in R.S. 9:3500, and shall be computed from the date of recordation of
the lien until paid.

*Acts 1987, No. 142, §1, eff. June 18, 1987; Acts 1988, No. 568, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.4** Service charge authorized for Madison Parish, Caldwell Parish, and Franklin Parish {#sec-40-1502.4 omnilex-key=us-la-statutes--rs-title-40--40:1502.4}

A.(1) The governing authority of any fire protection district situated wholly within
the geographical boundaries of Madison Parish, the governing authority of any fire protection
district situated wholly within Caldwell Parish, and the governing authority of any fire
protection district situated wholly within Franklin Parish are hereby authorized to establish,
by majority vote of the members of the authority, a service charge or rates of service charges
to be assessed persons owning each residential or commercial structure, whether occupied
or unoccupied, located wholly or partly within the boundaries of the fire protection district,
subject to the provisions of Subsection B of this Section. For purposes of this Section, each
residential or commercial unit and each housing unit within a multiple dwelling structure
shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2
shall be considered a structure. The service charges or rates of service charges shall be equal
for all structures, except that factory-built homes shall be charged eighty percent of the
service charge, and shall be framed to cover and shall be used for the costs of any or all fire
protection services. The fire protection district shall provide a receipt to each property owner
paying the service charge.

(2) The requirement in Paragraph (1) of this Subsection that factory-built homes be
charged eighty percent of the service charge is not applicable to Crowville Fire District #1.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charge or rates of service charges
established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes.

(2)(a) The governing authority of any such district shall also have the authority to
place liens for fire protection service charges upon the structure subject to the charge, upon
the building, if any, in which the structure is located if it is owned by the owner of the
structure, and upon the lot of ground not exceeding one acre on which the structure is
situated if such lot of ground belongs to the person who owns such structure; however, if
such structure or building is owned by a lessee of the lot of ground, the lien shall exist only
against the lease and shall not affect the owner of the lot. Such lien shall be placed upon
property only in the event of the refusal of the owner of a structure to pay said service
charges when requested to do so by said governing authority within thirty days of receipt by
the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of Madison Parish, Caldwell Parish, or Franklin Parish,
which, when so filed and recorded shall operate as a lien and privilege in favor of the district
against property as provided herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said charges, together with all costs of court and attorney fees, by ordinary process
in the Sixth Judicial District for Madison Parish, the Thirty-Seventh Judicial District for
Caldwell Parish, and the Fifth Judicial District for Franklin Parish. Said governing authority
may also provide, by resolution, for interest on the amount of said charges, which shall be
paid prior to cancellation of the lien. The rate of interest charged shall not exceed the rate
of legal interest, as provided in R.S. 9:3500, and shall be computed from the date of
recordation of the lien until paid.

*Acts 1988, No. 799, §1; Acts 1989, No. 80, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2012, No. 273, §1, eff. May 25, 2012; Acts 2024, No. 287, §7.*

##### **§ 40:1502.5** Service charge authorized for West Carroll Parish; assessment and collection {#sec-40-1502.5 omnilex-key=us-la-statutes--rs-title-40--40:1502.5}

A. The governing authority of any fire protection district situated wholly within the
geographical boundaries of West Carroll Parish is hereby authorized to establish, by majority
vote of the members of the authority, a service charge or rates of service charges to be
assessed persons owning each residential or commercial structure, whether occupied or
unoccupied, located wholly or partly within the boundaries of the fire protection district,
subject to the provisions of Subsection B of this Section. For purposes of this Section, each
residential or commercial unit and each housing unit within a multiple dwelling structure
shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2
shall be considered a structure. The service charges or rates of service charges shall be equal
for all structures, except that factory-built homes shall be charged no less than fifty percent
and no more than eighty percent of the service charge, and shall be framed to cover and shall
be used for the costs of any or all fire protection services. The fire protection district shall
provide a receipt to each property owner paying the service charge. All insurers and all
insurance agents shall have proof of a current service charge receipt before considering any
reduced rates because of fire district protection.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charge or rates of service charges
established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes.

(2)(a) The governing authority of any such district shall also have the authority to
place liens for fire protection service charges upon the structure subject to the charge, upon
the building, if any, in which the structure is located if it is owned by the owner of the
structure, and upon the lot of ground not exceeding one acre on which the structure is
situated if such lot of ground belongs to the person who owns such structure; however, if
such structure or building is owned by a lessee of the lot of ground, the lien shall exist only
against the lease and shall not affect the owner of the lot. Such lien shall be placed upon
property only in the event of the refusal of the owner of a structure to pay said service
charges when requested to do so by said governing authority within thirty days of receipt by
the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of West Carroll Parish, which, when so filed and recorded,
shall operate as a lien and privilege in favor of the district against property as provided
herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said charges, together with all costs of court and attorney fees, by ordinary process
in the Sixth Judicial District. Said governing authority may also provide, by resolution, for
interest on the amount of said charges, which shall be paid prior to cancellation of the lien.
The rate of interest charged shall not exceed the rate of legal interest, as provided in R.S.
9:3500, and shall be computed from the date of recordation of the lien until paid.

(d) Alternatively, the lien authorized by this Paragraph may be enforced by assessing
the amount of the lien against the immovable as a tax against the immovable, to be enforced
and collected as any ordinary property tax lien to be assessed against the property. Said lien
may be collected in the manner fixed for collection of taxes and shall be subject to the same
civil penalties for delinquencies. After the governing authority of the fire protection district
has incurred such costs and expenses as constitute the lien on the property, including any
costs of court, attorney fees, and interest, said governing authority may send an attested bill
of said costs and expenses to the assessor of West Carroll Parish, who shall add the amount
of said bill to the next tax bill of the owner. Such lien shall prime all other liens or privileges
against the property, except other tax liens, filed after the statement specified in this
Paragraph is filed with the recorder of mortgages, regardless of the date on which said lien
is perfected.

*Acts 1988, No. 571, §1; Acts 1989, No. 802, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.6** Service charge authorized for Morehouse Parish; assessment and collection {#sec-40-1502.6 omnilex-key=us-la-statutes--rs-title-40--40:1502.6}

A. The governing authority of any fire protection district situated wholly within the
geographical boundaries of Morehouse Parish is hereby authorized to establish, by majority
vote of the members of the authority, a service charge or rates of service charges to be
assessed persons owning each residential or commercial structure, whether occupied or
unoccupied, located wholly or partly within the boundaries of the fire protection district,
subject to the provisions of Subsection B of this Section. For purposes of this Section, each
residential or commercial unit and each housing unit within a multiple dwelling structure
shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2
shall be considered a structure. The service charges or rates of service charges shall be
framed by the governing authority of the district to cover and shall be used for the costs of
any or all fire protection services. The fire protection district shall provide a receipt to each
property owner paying the service charge. All insurers and all insurance agents shall have
proof of a current service charge receipt before considering any reduced rates because of fire
district protection.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charge or rates of service charges
established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes. Such
means shall include the assessor carrying the fire protection service charges on the tax rolls
for Morehouse Parish and the sheriff of Morehouse Parish collecting such service charges
at the time ad valorem taxes are collected and with the same authority with which such taxes
are collected. If any fire protection service charge becomes delinquent and unpaid, the
sheriff shall send "Final Notices" to the delinquent property owners by registered or certified
mail. He shall also publish the delinquent property owners' names and addresses in the
parish journal setting forth the date and place of property sale to enforce collection in the
same manner as ad valorem taxes. Such fire protection service charge obligations shall
prime all other liens, mortgages, and privileges against the property except those for taxes
and prior recorded local and special assessments. The governing authority may compensate
the sheriff and tax assessor for such collection upon mutual agreement of the governing
authority and the sheriff and tax assessor.

(2)(a) The governing authority of any such district shall also have the authority to
place liens for fire protection service charges upon the structure subject to the charge, upon
the building, if any, in which the structure is located if it is owned by the owner of the
structure, and upon the lot of ground not exceeding one acre on which the structure is
situated if such lot of ground belongs to the person who owns such structure; however, if
such structure or building is owned by a lessee of the lot of ground, the lien shall exist only
against the lease and shall not affect the owner of the lot. Such lien shall be placed upon
property only in the event of the refusal of the owner of a structure to pay said service
charges when requested to do so by said governing authority within thirty days of receipt by
the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of Morehouse Parish, which, when so filed and recorded, shall
operate as a lien and privilege in favor of the district against property as provided herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said charges, together with all costs of court and attorney fees, by ordinary process
in the Fourth Judicial District. Said governing authority may also provide, by resolution, for
interest on the amount of said charges, which shall be paid prior to cancellation of the lien.
The rate of interest charged shall not exceed the rate of legal interest, as provided in R.S.
9:3500, and shall be computed from the date of recordation of the lien until paid.

(d) Alternatively, the lien authorized by this Paragraph may be enforced by assessing
the amount of the lien against the immovable as a tax against the immovable, to be enforced
and collected as any ordinary property tax lien to be assessed against the property. Said lien
may be collected in the manner fixed for collection of taxes and shall be subject to the same
civil penalties for delinquencies. After the governing authority of the fire protection district
has incurred such costs and expenses as constitute the lien on the property, including any
costs of court, attorney fees, and interest, said governing authority may send an attested bill
of said costs and expenses to the assessor of Morehouse Parish, who shall add the amount
of said bill to the next tax bill of the owner. Such liens shall prime all other liens or
privileges against the property, except other tax liens, filed after the statement specified in
this Subsection is filed with the recorder of mortgages, regardless of the date on which said
lien is perfected.

*Acts 1988, No. 744, §1; Acts 1989, No. 802, §1; Acts 1990, No. 814, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.7** Service charge authorized for East Carroll Parish; assessment and collection {#sec-40-1502.7 omnilex-key=us-la-statutes--rs-title-40--40:1502.7}

A. The governing authority of any fire protection district situated wholly within the
geographical boundaries of East Carroll Parish is hereby authorized to establish, by majority
vote of the members of the authority, a service charge or rates of service charges to be
assessed persons owning each residential or commercial structure, whether occupied or
unoccupied, located wholly or partly within the boundaries of the fire protection district,
subject to the provisions of Subsection B of this Section. For purposes of this Section, each
residential or commercial unit and each housing unit within a multiple dwelling structure
shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2
shall be considered a structure. The service charges or rates of service charges shall be equal
for all structures, except that factory-built homes shall be charged no less than fifty percent
and no more than eighty percent of the service charge, and shall be framed to cover and shall
be used for the costs of any or all fire protection services. The fire protection district shall
provide a receipt to each property owner paying the service charge. All insurers and all
insurance agents shall have proof of a current service charge receipt before considering any
reduced rates because of fire district protection.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charge or rates of service charges
established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes.

(2)(a) The governing authority of any such district shall also have the authority to
place liens for fire protection service charges upon the structure subject to the charge, upon
the building, if any, in which the structure is located if it is owned by the owner of the
structure, and upon the lot of ground not exceeding one acre on which the structure is
situated if such lot of ground belongs to the person who owns such structure; however, if
such structure or building is owned by a lessee of the lot of ground, the lien shall exist only
against the lease and shall not affect the owner of the lot. Such lien shall be placed upon
property only in the event of the refusal of the owner of a structure to pay said service
charges when requested to do so by said governing authority within thirty days of receipt by
the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of East Carroll Parish, which, when so filed and recorded,
shall operate as a lien and privilege in favor of the district against property as provided
herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said charges, together with all costs of court and attorney fees, by ordinary process
in the Sixth Judicial District. Said governing authority may also provide, by resolution, for
interest on the amount of said charges, which shall be paid prior to cancellation of the lien.
The rate of interest charged shall not exceed the rate of legal interest, as provided in R.S.
9:3500, and shall be computed from the date of recordation of the lien until paid.

(d) Alternatively, the lien authorized by this Paragraph may be enforced by assessing
the amount of the lien against the immovable as a tax against the immovable, to be enforced
and collected as any ordinary property tax lien to be assessed against the property. Said lien
may be collected in the manner fixed for collection of taxes and shall be subject to the same
civil penalties for delinquencies. After the governing authority of the fire protection district
has incurred such costs and expenses as constitute the lien on the property, including any
costs of court, attorney fees, and interest, said governing authority may send an attested bill
of said costs and expenses to the assessor of East Carroll Parish, who shall add the amount
of said bill to the next tax bill of the owner. Such lien shall prime all other liens or privileges
against the property, except other tax liens, filed after the statement specified in this
Paragraph is filed with the recorder of mortgages, regardless of the date on which said lien
is perfected.

*Acts 1988, No. 567, §1; Acts 1989, No. 802, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.8** Service charge authorized for Grant Parish; assessment and collection {#sec-40-1502.8 omnilex-key=us-la-statutes--rs-title-40--40:1502.8}

A. The governing authority of any fire protection district situated wholly within the
geographical boundaries of Grant Parish is hereby authorized to establish, by majority vote
of the members of the authority, a service charge or rates of service charges to be assessed
persons owning each residential or commercial structure, whether occupied or unoccupied,
located wholly or partly within the boundaries of the fire protection district, subject to the
provisions of Subsection B of this Section. For purposes of this Section, each residential or
commercial unit within a structure and each housing unit within a multiple dwelling structure
shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2
shall be considered a structure. The service charges or rates of service charges shall be equal
for all structures, except that factory-built homes shall be charged no less than fifty percent
and no more than eighty percent of the service charge, and shall be framed to cover and shall
be used for the costs of any or all fire protection services. The fire protection district shall
provide a receipt to each property owner paying the service charge. All insurers and all
insurance agents shall have proof of a current service charge receipt from owners so assessed
before considering any reduced rates because of fire district protection.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charge or rates of service charges
established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes.

(2)(a) The governing authority of any such district shall also have the authority to
place liens for fire protection service charges upon the structure subject to the charge, upon
the building, if any, in which the structure is located if it is owned by the owner of the
structure, and upon the lot of ground not exceeding one acre on which the structure is
situated if such lot of ground belongs to the person who owns such structure; however, if
such structure or building is owned by a lessee of the lot of ground, the lien shall exist only
against the lease and shall not affect the owner of the lot. Such lien shall be placed upon
property only in the event of the refusal of the owner of a structure to pay said service
charges when requested to do so by said governing authority within thirty days of receipt by
the owner of such a request by registered or certified mail.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of Grant Parish, which, when so filed and recorded, shall
operate as a lien and privilege in favor of the district and against the property as provided
herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said charges, together with all costs of court and attorney fees, by ordinary process
in the Thirty-fifth Judicial District Court. Said governing authority may also provide, by
resolution, for interest on the amount of said charges, which shall be paid prior to
cancellation of the lien. The rate of interest charged shall not exceed the rate of legal
interest, as provided in R.S. 9:3500, and shall be computed from the date of recordation of
the lien until paid.

*Added by Acts 1989, No. 80, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.9** Service charge authorized for Red River Parish; assessment and collection {#sec-40-1502.9 omnilex-key=us-la-statutes--rs-title-40--40:1502.9}

A. The governing authority of any fire protection district situated wholly within the
geographical boundaries of Red River Parish is hereby authorized to establish, by majority
vote of the members of the authority, a service charge or rates of service charges to be
assessed persons owning each residential structure, whether occupied or unoccupied, located
wholly or partly within the boundaries of the fire protection district, subject to the provisions
of Subsection B of this Section. For purposes of this Section, each residential unit and a
factory-built home as defined in R.S. 9:1149.2 shall be considered a structure, and each
multiple dwelling structure, regardless of the number of separate housing units contained
within the structure, shall be considered as one structure and not as separate structures. The
service charges or rates of service charges shall be equal for all structures, except that
factory-built homes shall be charged no less than fifty percent and no more than eighty
percent of the service charge, and shall be framed to cover and shall be used for the costs of
any or all fire protection services. The fire protection district shall provide a receipt to each
property owner paying the service charge. All insurers and all insurance agents shall have
proof of a current service charge receipt before considering any reduced rates because of fire
district protection.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district. However, the resolution
assessing said service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charge or rates of service charges
established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service
charge or rates of service charges for fire protection services as provided in this Section shall
also have the authority to use any reasonable means to collect and enforce the collection of
such service charges, including any means authorized by law for collection of taxes.

(2) The governing authority of any such district shall also have the authority to place
liens for fire protection service charges upon the structure subject to the charge, upon the
building, if any, in which the structure is located if it is owned by the owner of the structure,
and upon the lot of ground not exceeding one acre on which the structure is situated if such
lot of ground belongs to the person who owns such structure; however, if such structure or
building is owned by a lessee of the lot of ground, the lien shall exist only against the lease
and shall not affect the owner of the lot. Such lien shall be placed upon property only in the
event of the refusal of the owner of a structure to pay said service charges when requested
to do so by said governing authority within thirty days of receipt by the owner of such a
request by registered or certified letter. The governing authority may file a statement
reflecting the amount of the unpaid charges in the mortgage office of Red River Parish,
which, when so filed and recorded, shall operate as a lien and privilege in favor of the district
against property as provided herein. In addition, the governing authority of the district shall
be entitled to recover the amount of said charges, together with all costs of court and attorney
fees, by ordinary process in the Thirty-ninth Judicial District. Said governing authority may
also provide, by resolution, for interest on the amount of said charges, which shall be paid
prior to cancellation of the lien. The rate of interest charged shall not exceed the rate of legal
interest, as provided in R.S. 9:3500, and shall be computed from the date of recordation of
the lien until paid.

*Acts 1989, No. 97, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.10** Service charge authorized for Fire Protection District No. 1, Fire Protection District No. 3, and Fire Protection District No. 7 of Caddo Parish; assessment and collection {#sec-40-1502.10 omnilex-key=us-la-statutes--rs-title-40--40:1502.10}

A. The governing authority of Fire Protection District No. 1, the governing
authority of Fire Protection District No. 3, and the governing authority of Fire
Protection District No. 7 of Caddo Parish are hereby authorized to establish, by
majority vote of the members of the authority, a service charge or rates of service
charges to be assessed persons owning each residential or commercial structure,
whether occupied or unoccupied, located wholly or partly within the boundaries of
the fire protection district, subject to the provisions of Subsection B of this Section.
For purposes of this Section, each residential or commercial unit in a structure and
each housing unit within a multiple dwelling structure shall be considered a separate
structure, and a factory-built home as defined in R.S. 9:1149.2 shall be considered
a structure. The service charges or rates of service charges shall be established by the
governing authority of the district and shall be framed to cover and shall be used for
the costs of any or all fire protection, emergency medical transportation, and all
emergency services incidental thereto.

B. Service charges or rates of service charges so established shall be assessed
by resolution of the governing authority of the fire protection district. However, the
resolution assessing said service charges shall be adopted by the governing authority
only after the question of the assessment and the amount of the service charges or
rates of service charges to be established have been submitted to and approved by a
majority of electors of the district voting at an election held for that purpose. Such
election shall be conducted in accordance with the election laws of the state and shall
be held at the same time that an election authorized by the provisions of R.S. 18:402
is held, or the governing authority may call a special election at a date determined
upon its own initiative.

C.(1) The governing authority of the fire protection district assessing a
service charge or rates of service charges for fire protection services and emergency
services as provided in this Section shall also have the authority to use any reasonable
means to collect and enforce the collection of such service charges, including any
means authorized by law for the collection of taxes. Such means shall include the
assessor carrying the fire protection service charges on the tax rolls for Caddo Parish
and the sheriff of Caddo Parish collecting such service charges at the same time as
ad valorem taxes are collected and with the same authority with which such taxes are
collected. If any fire protection service charge becomes delinquent and unpaid, the
sheriff shall send a "Final Notice" to the delinquent property owner by registered or
certified mail. The sheriff shall also publish notice of the pending delinquent
property sale in the parish journal, setting forth the names and addresses of the
delinquent property owners and the date and place of the sale to enforce collection
and he shall enforce the collection in the same manner as ad valorem taxes are
collected. Such fire protection and emergency service charge obligations shall prime
all other liens, mortgages, and privileges against the property, except those for taxes
and prior recorded local and special assessments. The governing authority may
compensate the sheriff and the tax assessor for such collection upon mutual
agreement of the governing authority and the sheriff and tax assessor.

(2)(a) The governing authority of the district shall also have the authority to
place liens for fire protection service charges upon the structure subject to the charge,
upon the building, if any, in which the structure is located if it is owned by the owner
of the structure, and upon the lot of ground not exceeding one acre on which the
structure is situated if such lot of ground belongs to the person who owns such
structure; however, if such structure or building is owned by a lessee of the lot of
ground, the lien shall exist only against the lease and shall not affect the owner of the
lot. Such lien shall be placed upon property only in the event of refusal of the owner
of a structure to pay said service charges when requested to do so by said governing
authority within thirty days of receipt by the owner of such a request by registered or
certified letter.

(b) The governing authority may file a statement reflecting the amount of the
unpaid charges in the mortgage office of the parish, which, when so filed and
recorded, shall operate as a lien and privilege in favor of the district against property
as provided herein.

(c) In addition, the governing authority of the district shall be entitled to
recover the amount of said charges, together with all costs of court and attorney fees,
by ordinary process in the First Judicial District Court of Caddo Parish.

(d) Said governing authority may also provide, by resolution for interest on
the amount of said charges, which shall be paid prior to cancellation of the lien.

*Acts 1992, No. 19, §1, eff. May 18, 1992; Acts 2003, No. 150, §1; Acts 2003, No. 851, §2, eff. July 1, 2003; Acts 2024, No. 287, §7.*

##### **§ 40:1502.11** Springhill Fire Protection District No. 11; fire service charge {#sec-40-1502.11 omnilex-key=us-la-statutes--rs-title-40--40:1502.11}

A. Notwithstanding any provision of law to the contrary, the governing
authority of Springhill Fire Protection District No. 11 is hereby authorized to
establish, by majority vote of the members of the authority, a fire service charge not
to exceed four dollars. The person owning or occupying each residential or
commercial structure located wholly or partly within the boundaries of the fire
protection district who has made a deposit for the water service for the structure shall
be assessed the service charge, subject to the provisions of Subsection B of this
Section. The service charge shall be used for the costs of fire protection services. For
purposes of this Section, each residential or commercial unit within a structure and
each housing unit within a multiple dwelling structure shall be considered a separate
structure, and a factory-built home as defined in R.S. 9:1149.2 shall be considered
a separate structure.

B. The governing authority of the fire protection district may use any legal,
proper, necessary, and expedient means to collect and enforce the collection of such
charge, including contracting with the city of Springhill water department and the
Dorcheat Acres Water System. Any water company, as collection agency for the fire
service charge, may add the charge levied by said fire protection district to the water
bills of its customers. On or before the tenth day of the month following the
collection of the charge the collection agency shall remit to the fire protection district
all funds collected for the purposes of fire protection, less a small and reasonable
service charge for administrative purposes of collection.

C. The governing authority of the district, acting through its collection
agency, shall have the authority to discontinue the water service connected to any
structure upon refusal of the owner to pay charges levied against said structure in
accordance with the provisions of this Section. Water service shall be discontinued
upon the expiration of a three-day period following receipt of a written delinquency
notice.

*Acts 1992, No. 99, §1; Acts 2024, No. 287, §7.*

##### **§ 40:1502.12** Tangipahoa Parish Rural Fire Protection District No. 2; assessment and collection {#sec-40-1502.12 omnilex-key=us-la-statutes--rs-title-40--40:1502.12}

A.(1) The governing authority of Tangipahoa Parish Rural Fire Protection District
No. 2, hereinafter referred to as the "district", may establish, by majority vote of the
members of the authority, a fire protection tax for each residential or commercial structure
for a term not to exceed ten years to be assessed persons owning each such structure, whether
occupied or unoccupied, located wholly or partly within the boundaries of the district, subject
to the provisions of Subsection B of this Section.

(2) For purposes of this Section, each residential or commercial unit in a structure
shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2
shall be considered a structure. The fire protection tax shall be equal for all structures of a
given class and shall be framed to cover and shall be used for the costs of any or all fire
protection services or emergency services.

B. Fire protection taxes or the various rates thereof so established shall be assessed
by resolution of the governing authority of the district. However, the resolution assessing
said tax shall be adopted by the governing authority only after the question of the levy, its
duration, and the amount of the taxes established have been submitted to and approved by
a majority of electors of the district voting at an election held for that purpose. Such election
shall be conducted in accordance with the election laws of the state and shall be held at the
same time that an election authorized by the provisions of R.S. 18:402 is held.

C.(1) In levying a fire protection tax as provided in this Section, the governing
authority of the district may use any reasonable means to collect and enforce the collection
of such tax, including any means authorized by law for collection of other taxes.

(2)(a) The governing authority of the district may place liens for fire protection taxes
upon the structure subject to the charge, upon the building, if any, in which the structure is
located if it is owned by the owner of the structure, and upon the lot of ground not exceeding
one acre on which the structure is situated if such lot of ground belongs to the person who
owns such structure; however, if such structure or building is owned by a lessee of the lot of
ground, the lien shall exist only against the lease and shall not affect the owner of the lot.
Such lien shall be placed upon property only in the event of the refusal of the owner of a
structure to pay said service charges when requested to do so by said governing authority
within thirty days of receipt by the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
taxes in the mortgage office of Tangipahoa Parish, which, when so filed and recorded, shall
operate as a lien and privilege in favor of the district against property as provided herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said taxes, together with all costs of court and attorney fees, by ordinary process
in any court having proper jurisdiction.

(d) The governing authority may also provide, by resolution, for interest on the
amount of said taxes, which shall be paid prior to cancellation of the lien. The rate of interest
charged shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and such
interest shall be computed from the date of recordation of the lien until paid.

*Acts 1994, No. 3, §1, eff. June 1, 1994; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.13** Fire protection districts within East Feliciana Parish; assessment and collection {#sec-40-1502.13 omnilex-key=us-la-statutes--rs-title-40--40:1502.13}

A.(1) The governing authority of any fire protection district situated wholly within
the geographical boundaries of East Feliciana Parish may establish, by majority vote of the
members of the authority of the district, a fire protection tax for a term not to exceed ten
years to be assessed persons owning each residential or commercial structure, whether
occupied or unoccupied, located wholly or partly within the boundaries of the fire protection
district, subject to the provisions of Subsection B of this Section.

(2) For purposes of this Section, each residential or commercial unit and each housing
unit within a multiple dwelling structure shall be considered a separate structure, and a
factory-built home as defined in R.S. 9:1149.2 shall be considered a structure. The fire
protection tax shall be equal for all structures, except that factory-built homes shall be taxed
at a rate no less than fifty percent and no more than eighty percent of the general tax rate, and
shall be framed to cover and shall be used for the costs of any or all fire protection services
and emergency services provided by the district, including the acquisition, maintenance, and
operation of equipment and facilities therefor.

B. Fire protection taxes or the various rates thereof so established shall be levied by
resolution of the governing authority of the district. However, the resolution levying the tax
shall be adopted by the governing authority only after the question of the levy, its duration,
and the amount of the taxes established have been submitted to and approved by a majority
of electors of the district voting at an election held for that purpose. Such election shall be
conducted in accordance with the election laws of the state and shall be held at the same time
that an election authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district levying a fire protection
tax as provided in this Section may use any reasonable means to collect and enforce the
collection of such tax, including any means authorized by law for collection of other taxes.

(2)(a) The governing authority of any such district may place liens for fire protection
taxes upon the structure subject to the charge, upon the building, if any, in which the
structure is located if it is owned by the owner of the structure, and upon the lot of ground
on which the structure is situated if such lot of ground belongs to the person who owns such
structure; however, if such structure or building is owned by a lessee of the lot of ground, the
lien shall exist only against the lease and/or the structure and shall not affect the owner of the
lot. Such lien shall be placed upon property only in the event of the refusal of the owner of
a structure to pay said tax when requested to do so by said governing authority within thirty
days of receipt by the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
taxes in the mortgage office of East Feliciana Parish, which, when so filed and recorded,
shall operate as a lien and privilege in favor of the district against property as provided
herein.

(c) In addition, the governing authority of the district may recover the amount of said
taxes, together with all costs of court and attorney fees, by ordinary process in the Twentieth
Judicial District.

(d) The governing authority may also provide, by resolution, for interest on the
amount of said taxes, which shall be paid prior to cancellation of the lien. The rate of interest
charged shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and shall be
computed from the date of recordation of the lien until paid.

(e) Alternatively, the lien authorized by this Paragraph may be enforced by assessing
the amount of the lien against the immovable as a tax against the immovable, to be enforced
and collected as any ordinary property tax lien to be assessed against the property. The lien
may be collected in the manner fixed for collection of taxes and shall be subject to the same
civil penalties for delinquencies. After the governing authority of the district has incurred
such costs and expenses as constitute the lien on the property, including any costs of court,
attorney fees, and interest, the governing authority may send an attested bill of said costs and
expenses to the assessor of East Feliciana Parish, who shall add the amount of said bill to the
next tax bill of the owner. Such lien shall prime all other liens or privileges against the
property, except other tax liens, filed after the statement specified in this Paragraph is filed
with the recorder of mortgages, regardless of the date on which the lien is perfected.

*Acts 1994, No. 14, §1, eff. June 7, 1994; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.*

##### **§ 40:1502.14** Exemption from proof of service charge receipts in the parish of Morehouse {#sec-40-1502.14 omnilex-key=us-la-statutes--rs-title-40--40:1502.14}

Notwithstanding any provision to the contrary applicable to any fire protection district, any requirement that insurers and insurance agents have proof of a current service charge receipt from an insured prior to considering granting any reduced rate because of fire district protection to the insured shall not apply in the parish of Morehouse.

*Acts 1997, No. 711, §1, eff. July 1, 1997; Acts 2001, No. 723, §1, eff. June 25, 2001; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.*

##### **§ 40:1502.15** Service charge authorized for fire protection districts in the parish of Caddo; assessment and collection {#sec-40-1502.15 omnilex-key=us-la-statutes--rs-title-40--40:1502.15}

A. The governing authority of any fire protection district located within the parish of
Caddo is hereby authorized to establish, by majority vote of the members of the authority,
a service charge or rates of service charges to be assessed persons owning each residential
or commercial structure, whether occupied or unoccupied, located wholly or partly within
the boundaries of the district, subject to the provisions of Subsection B of this Section. For
purposes of this Section, each residential or commercial unit in a structure and each housing
unit within a multiple dwelling structure shall be considered a separate structure, and a
factory-built home as defined in R.S. 9:1149.2 shall be considered a structure. The service
charges or rates of service charges shall be established by the governing authority of the
district and shall be framed to cover and shall be used for the costs either incurred or for
contracting of any or all fire protection, emergency medical transportation, and all emergency
services incidental thereto.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the district. However, the resolution assessing said
service charges shall be adopted by the governing authority only after the question of the
assessment and the amount of the service charges or rates of service charges to be established
have been submitted to and approved by a majority of electors of the district voting at an
election held for that purpose. Such election shall be conducted in accordance with the
election laws of the state and shall be held at the same time that an election authorized by the
provisions of R.S. 18:402 is held, or the governing authority may call a special election at
a date determined upon its own initiative.

C.(1) The governing authority of the district assessing a service charge or rates of
service charges for fire protection services and emergency services as provided in this
Section shall also have the authority to use any reasonable means to collect and enforce the
collection of such service charges, including any means authorized by law for the collection
of taxes. Such means shall include the assessor carrying the fire protection service charges
on the tax rolls for the parish and the sheriff of the parish collecting such service charges at
the same time as ad valorem taxes are collected and with the same authority with which such
taxes are collected. If any fire protection service charge becomes delinquent and unpaid, the
sheriff shall send a "Final Notice" to the delinquent property owner by registered or certified
mail. The sheriff shall also publish notice of the pending delinquent property sale in the
parish journal, setting forth the names and addresses of the delinquent property owners and
the date and place of the sale to enforce collection and he shall enforce the collection in the
same manner as ad valorem taxes are collected. The governing authority may compensate
the sheriff and the tax assessor for such collection upon mutual agreement of the governing
authority and the sheriff and tax assessor.

(2)(a) The governing authority of the district shall also have the authority to place
liens for fire protection service charges upon the structure subject to the charge, upon the
building, if any, in which the structure is located if it is owned by the owner of the structure,
and upon the lot of ground not exceeding one acre on which the structure is situated if such
lot of ground belongs to the person who owns such structure; however, if such structure or
building is owned by a lessee of the lot of ground, the lien shall exist only against the lease
and shall not affect the owner of the lot. Such lien shall be placed upon property only in the
event of refusal of the owner of a structure to pay said service charges when requested to do
so by said governing authority within thirty days of receipt by the owner of such a request
by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of the parish, which, when so filed and recorded, shall operate
as a lien and privilege in favor of the district against property as provided herein.

(c) In addition, the governing authority of the district shall be entitled to recover the
amount of said charges, together with all costs of court and attorney fees, by ordinary process
in the district court of the parish.

(d) The governing authority may also provide, by resolution for interest on the
amount of said charges, which shall be paid prior to cancellation of the lien.

*Acts 2005, No. 327, §1, eff. June 30, 2005; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011; Acts 2024, No. 287, §7.*

##### **§ 40:1502.16** Service charge authorized for DeSoto Parish; assessment and collection {#sec-40-1502.16 omnilex-key=us-la-statutes--rs-title-40--40:1502.16}

A. In addition to the authority granted pursuant to R.S. 40:1502, the governing
authority of DeSoto Parish Fire Protection District No. 2 and DeSoto Parish Fire Protection
District No. 3 may establish a service charge or rates of service charges to be assessed
persons owning each residential or commercial structure, whether occupied or unoccupied,
located wholly or partly within the boundaries of the respective fire protection district,
subject to the provisions of Subsection B of this Section. For purposes of this Section, each
residential or commercial unit in a structure and each housing unit within a multiple dwelling
structure shall be considered a separate structure, and a factory-built home as defined in R.S.
9:1149.2 shall be considered a structure. The service charges or rates of service charges shall
be framed to cover and shall be used for the costs of any or all fire protection and emergency
medical transportation and emergency services incidental thereto.

B. Service charges or rates of service charges so established shall be assessed by
resolution of the governing authority of the fire protection district; however, the resolution
assessing the service charges shall be adopted by the governing authority only after the
question of the assessment and the amount of the service charges or rates of service charges
to be established have been submitted to and approved by a majority of electors of the district
voting at an election held for that purpose. Such election shall be conducted in accordance
with the election laws of the state and shall be held at the same time that an election
authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of the fire protection district assessing a service charge
or rates of service charges as provided in this Section may also use any reasonable means to
collect and enforce the collection of such service charges, including any means authorized
by law for the collection of taxes. Such means shall include the assessor carrying the fire
protection service charges on the tax rolls for DeSoto Parish and the sheriff of DeSoto Parish
collecting such service charges at the same time as ad valorem taxes are collected and with
the same authority with which such taxes are collected. If any fire protection service charge
becomes delinquent and unpaid, the sheriff shall send a "Final Notice" to the delinquent
property owner by registered or certified mail. The sheriff shall also publish notice of the
pending delinquent property sale in the parish journal, setting forth the names and addresses
of the delinquent property owners and the date and place of the sale to enforce collection, and
he shall enforce the collection in the same manner as ad valorem taxes are collected. The
governing authority may compensate the sheriff and the tax assessor for such collection upon
mutual agreement of the governing authority and the sheriff and tax assessor.

(2)(a) The governing authority of the district may also place liens for fire protection
service charges upon the structure subject to the charge, upon the building, if any, in which
the structure is located if it is owned by the owner of the structure, and upon the lot of ground
not exceeding one acre on which the structure is situated if such lot of ground belongs to the
person who owns such structure; however, if such structure or building is owned by a lessee
of the lot of ground, the lien shall exist only against the lease and shall not affect the owner
of the lot. Such lien shall be placed upon property only if the owner of a structure refuses
to pay the service charges when requested to do so by the governing authority within thirty
days after receipt by the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid
charges in the mortgage office of the parish, which, when so filed and recorded, shall operate
as a lien and privilege in favor of the district against property as provided by this Subsection.

(c) Such fire protection and emergency service charge obligations shall prime all
other liens, mortgages, and privileges against the property, except those for taxes and prior
recorded local and special assessments.

(d) In addition, the governing authority of the district may recover the unpaid
charges, together with all costs of court and attorney fees, by ordinary process in the Forty-Second Judicial District Court.

(e) The governing authority may also provide, by resolution for interest on the unpaid
charges, which shall be paid prior to cancellation of the lien.

*Acts 2015, No. 52, §1; Acts 2018, No. 48, §1; Acts 2024, No. 287, §7.*

##### **§ 40:1503** West Baton Rouge Parish Fire Protection District No. 1; creation; subdistricts; boards; powers, duties, and functions {#sec-40-1503 omnilex-key=us-la-statutes--rs-title-40--40:1503}

A. When used in this Section, the following terms have these meanings:

(1) "Council" means the West Baton Rouge Parish Council.

(2) "District" means West Baton Rouge Parish Fire Protection District No. 1.

(3) "Fire protection service" means, but is not necessarily limited to:

(a) Acquiring and maintaining land for a fire station site.

(b) Acquiring, constructing, maintaining, and operating fire protection facilities.

(c) Acquiring, maintaining, and operating fire trucks and other fire protection or emergency equipment.

(d) Obtaining water for fire protection purposes, including charges for fire hydrant rentals and service.

(e) Paying salaries of firemen.

(4) "Parish" means West Baton Rouge Parish.

B. In addition to other authority granted by law, the West Baton Rouge Parish Council may create a fire protection district in the manner and subject to the limitations and restrictions contained in this Section. The district shall be designated as "West Baton Rouge Parish Fire Protection District No. 1" and may include two or more fire protection subdistricts.

C. The boundaries of the district shall be coterminous with the boundaries of the parish.

D. Subject to the provisions of this Section, the district shall be a political subdivision within the meaning of the laws of the state relating to voting and levying of special maintenance taxes, voting and levying of service charges or fees, incurring debt, and issuing bonds therefor, including but not limited to the provisions of Subtitle II, Chapter 4, of Title 39 of the Louisiana Revised Statutes of 1950.

E.(1) Notice of intention to create the district shall be ordered by resolution of the council only if concurred in, by resolution, by each municipal governing authority in the parish. The resolution shall state that all of the parish shall be within the district and set forth the boundaries proposed for the subdistricts. The notice shall state that the council shall, in open session, on a date and at an hour and place named, proceed to create the proposed district.

(2) This notice shall be published once a week for two successive weeks, the first publication being not less than fifteen days before the date fixed for the hearing, in the parish's official journal.

F. At the place and time specified in the notice provided for in Subsection E of this Section, the council shall hold a public hearing concerning the creation of the proposed district.

G-L. Repealed by Acts 2013, No. 129, §2, eff. June 5, 2013.

*Acts 1987, No. 212, §1, eff. July 2, 1987. Amended by Acts 1989, 1st Ex. Sess., No. 14, §1; Acts 2008, No. 286, §1, eff. June 16, 2008; Acts 2013, No. 129, §§1, 2, eff. June 5, 2013.*

##### **§ 40:1503.1** Fort Pike Fire Protection District {#sec-40-1503.1 omnilex-key=us-la-statutes--rs-title-40--40:1503.1}

A. Creation. There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Fort Pike Fire Protection District, referred to in this Section as the "district". The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.

B. Boundaries. The boundaries of the district shall be defined as that area east of Chef Menteur Pass and west of the Rigolets Pass.

C. Purpose. The purpose and intent of this Section is to provide additional fire protection personnel and services within the boundaries of the district which shall be supplemental to and not in lieu of personnel and services provided in the district by the city of New Orleans.

D. Governance. (1) In order for the orderly development and effectuation of the services to be furnished by the district and to provide for the representation in the affairs of the district of those persons and interests immediately concerned with and affected by the purposes and development of the area included within the district, the affairs of the district shall be managed by the members of the governing board of the Fort Pike Volunteer Fire Department District One, referred to in this Section as the "board".

(2) The board may adopt bylaws or such other rules and regulations as it deems necessary for conducting its business affairs. The board may appoint and retain all employees it deems advisable and fix the powers, duties, and compensation of such employees. The board shall hold regular meetings and may hold special meetings as shall be provided in the bylaws.

(3) The members of the board shall select from among themselves a president and a secretary and such other officers as they deem appropriate. The duties of the officers shall be fixed by bylaws adopted by the board.

(4) A majority of the members of the board shall constitute a quorum for the transaction of business. The minute books and archives of the district shall be maintained by the board's secretary. The monies, funds, and accounts of the district shall be in the official custody of the board.

(5) The members of the board shall serve without compensation.

E. Powers and duties. The district, acting through the board, shall have the following powers and duties:

(1) To sue and be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To receive and expend funds collected pursuant to Subsection F of this Section and in accordance with a budget adopted as provided by Subsection H of this Section.

(4) To enter into contracts with individuals or entities, private or public.

(5) To engage in the operation of firefighting equipment, the prevention of fire hazards, and the extinguishing of fires within the district.

(6) To acquire by gift, grant, purchase, lease, or otherwise such property as may be necessary or desirable for carrying out the objectives and purposes of the district and to mortgage or sell such property.

(7) To procure and maintain liability insurance against any personal or legal liability of a board member that may be asserted or incurred based upon his service as a member of the board or that may arise as a result of his actions taken within the scope and discharge of his duties as a member of the board.

(8) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes of the district.

F. Funding. (1) The board may, when necessary, levy annually an ad valorem tax not to exceed five mills on the dollar of assessed valuation of all property, provided that the amount, term, and purpose of the tax, as set out in a proposition submitted to a vote in accordance with the Louisiana Election Code, shall be approved by a majority of the qualified electors in the district voting in an election held for that purpose.

(2) The proceeds of the tax shall be used solely and exclusively for the purpose and benefit of the district.

G. Additional contributions. The district may solicit and accept additional voluntary contributions and grants to further the purposes of the district.

H. Budget. (1) The board shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq.

(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513(B).

I. The provisions of this Section shall not be construed as changing or affecting the structure and organization or the distribution and redistribution of the powers and functions of the city of New Orleans. The city of New Orleans shall continue to provide fire protection personnel and services as authorized by applicable general and local laws and the powers granted to the district pursuant to the provisions of this Section shall be supplemental to and shall not supercede the powers granted to the city by any such general or local law.

*Acts 2013, No. 114, §1, eff. June 5, 2013.*

##### **§ 40:1504** Fire protection districts within Pointe Coupee Parish; governance {#sec-40-1504 omnilex-key=us-la-statutes--rs-title-40--40:1504}

The governing authority of Pointe Coupee Parish may provide, by ordinance, for the
governance of fire protection districts created by the parish. Any such ordinance may provide
for the creation of one or more supervising boards to govern such districts. Any ordinance
that creates a supervising board shall provide for the appointment and compensation of board
members.

*Acts 2021, No. 42, §1, eff. June 1, 2021.*

##### **§ 40:1505** Parcel fee; submission to voters {#sec-40-1505 omnilex-key=us-la-statutes--rs-title-40--40:1505}

A.(1) Each district may levy and collect a parcel fee within its boundaries which
shall not exceed one hundred dollars per parcel per year, which parcel fee shall be imposed
by resolution or ordinance of the governing authority of the district only after the question
of the imposition of the parcel fee and the purpose, rate, and duration of the parcel fee has
been approved by a majority of the voters of the district voting at an election held therein.
The proceeds of such parcel fee shall be expended for the purposes of acquiring,
constructing, maintaining and operating fire protection facilities and equipment, including
the cost of obtaining water for fire protection purposes and salaries of firemen, and all
purposes incidental thereto. Any parcel fee imposed pursuant to this Section shall be levied
and collected and be due and owing annually. Such fee may be carried on the tax rolls for
the parish in which such district is located and collected at the same time as parish ad
valorem taxes.

(2) If any parcel fee is not paid when due, such district shall proceed against the
parcel for the collection of the amount of the fee unpaid and delinquent, any collection costs
incurred by such district plus interest at a rate not exceeding twelve percent on the unpaid
amount of the parcel fee, and in the event legal proceedings are necessary to effect collection,
court costs and reasonable attorney's fees. However, attorney's fees shall be payable by the
parcel owner only if demand by the governing authority of such district has been made on
the parcel owner by registered or certified mail, and such parcel owner has failed to pay the
amount due within ten days after such demand.

(3) A judgment obtained for nonpayment of a parcel fee, upon being recorded in the
mortgage records in the parish in which a district is located, shall prime all other liens except
those for taxes and prior recorded local or special assessments. If there are one or more
property mortgages on such parcel and the mortgage holder or holders have notified the tax
collector in the parish of such recorded mortgage in accordance with the requirements of R.S.
47:2180.1, the district, prior to proceeding against such parcel for failure to pay a parcel fee,
shall give notice to each mortgagee of the amount of the parcel fee due and owing on such
parcel and that such parcel fee must be paid within twenty days after the mailing of the notice
or proceedings will be commenced against the parcel. The notice shall be sent to each such
mortgage holder by certified mail, return receipt requested, or made by personal or
domiciliary service on such mortgage holder.

(4) Alternatively, the lien authorized by this Subsection may be enforced by
assessing the amount of the lien against the immovable as a tax against the immovable, to
be enforced and collected as any ordinary property tax lien to be assessed against the
property. The lien may be collected in the manner fixed for collection of taxes and shall be
subject to the same civil penalties for delinquencies. After the governing authority of a fire
protection district has incurred such costs and expenses as constitute the lien on the property,
including any cost of court, attorney fees, and interest, the governing authority may send an
attested bill of such costs and expenses to the assessor of the parish in which such district is
located, who shall add the amount of the bill to the next tax bill of the property owner. The
lien shall prime all other liens or privileges against the property, except other tax liens, filed
after the statement specified in this Subsection is filed with the recorder of mortgages,
regardless of the date on which the lien is perfected.

B.(1) Each district may incur debt and issue bonds payable from an irrevocable
pledge and dedication of all or a portion of the proceeds of a parcel fee, provided, however,
that the question of funding said proceeds into bonds shall have been approved by a majority
of the voters of the district voting at an election held therein and the State Bond Commission
has approved the issuance of the bonds. The question or proposition with respect to the
funding of the proceeds of the parcel fee into bonds may be voted upon at the election held
to authorize the imposition of the parcel fee or may be submitted at a separate election held
for that purpose. The maturities of the bonds shall be so arranged that the total amount of
principal and interest falling due in any year, together with that falling due in such year on
all bonds theretofore issued payable from such parcel fee, shall not exceed eighty percent of
the estimated proceeds to be received from the levy of such parcel fee in the calendar year
in which the bonds are issued.

(2) The bonds may be sold at public or private sale and shall be issued pursuant to
the provisions of a resolution adopted by the governing authority of the district, provided,
however, the bonds shall mature over a period not to exceed the period for which the parcel
fee, the proceeds of which are to be used to pay principal and interest on the bonds, is
authorized. The bonds and the income therefrom shall be exempt from taxation by the state
and by any parish, municipality, or political subdivision thereof.

C. Each district may incur debt and issue certificates of indebtedness pursuant to the
provisions of R.S. 33:2921 to R.S. 33:2925, inclusive, subject to the approval of the State
Bond Commission.

D.(1) A "parcel" as used in this Section shall mean a lot, a subdivided portion of
ground or an individual tract upon which is located, either in whole or in part, a residential
or commercial structure, regardless of the structure's being occupied or unoccupied.

(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, within
Fire Protection District 8-C in Lafourche Parish, the term "parcel" shall also mean each
improved portion of ground upon which a residential or commercial structure has been or
may be situated and to which a mailing address has been assigned by a local governmental
subdivision, a landowner, or a lessor.

(b) In the case of mobile home parks or other commercial property where spaces are
leased for residential or commercial structures, the landowner is responsible for the parcel
fee for each portion of ground described in Subparagraph (a) of this Paragraph.

(c) No parcel fee shall be levied on any parcel defined in this Paragraph unless the
question of levying such fee has been approved by a majority of the registered voters of the
district who vote on the proposition at an election held for that purpose in accordance with
the Louisiana Election Code. Any such parcel fee shall be imposed by resolution or
ordinance of the governing authority of the district.

*Acts 1988, No. 402, §1, eff. July 10, 1988; Acts 1992, No. 538, §1; Acts 2015, No. 292, §1.*

##### **§ 40:1505.1** Richland Parish; additional parcel fee in certain districts {#sec-40-1505.1 omnilex-key=us-la-statutes--rs-title-40--40:1505.1}

A. In addition to the parcel fee authorized by R.S. 40:1505, any fire protection district which is created by the governing authority of Richland Parish and in which fire protection services are to be provided by the city of Rayville pursuant to a local services agreement may levy a parcel fee, not to exceed one hundred fifty dollars per parcel per year, for purposes of securing such services by means of such an agreement.

B. The parcel fee shall be imposed by resolution or ordinance of the governing authority of the district only after the question of the imposition of the parcel fee and its purpose, rate, and duration have been approved by a majority of the voters of the district voting at an election held for such purpose in accordance with the elections laws of the state.

C.(1) Any such parcel fee shall be levied, collected, and enforced in the manner provided by R.S. 40:1505(A).

(2) "Parcel" shall have the same meaning as provided by R.S. 40:1505(D).

*Acts 1998, No. 57, §1, eff. June 24, 1998.*

##### **§ 40:1505.2** City of Springhill; additional parcel fee {#sec-40-1505.2 omnilex-key=us-la-statutes--rs-title-40--40:1505.2}

A. Notwithstanding any other provision of law to the contrary, the Springhill Fire Protection District No. 11 in Webster Parish, pursuant to a local services agreement, may levy a parcel fee, not to exceed six dollars per parcel per year, for purposes of securing such services by means of such an agreement.

B. The parcel fee shall be imposed by resolution or ordinance of the governing authority of the district only after the question of the imposition of the parcel fee and its purpose, rate, and duration have been approved by a majority of the voters of the district voting at an election held for such purpose in accordance with the elections laws of the state.

C.(1) Any such parcel fee shall be levied, collected, and enforced in the manner provided by R.S. 40:1505(A).

(2) "Parcel" shall have the same meaning as provided by R.S. 40:1505(D).

*Acts 2007, No. 168, §1, eff. June 27, 2007.*

##### **§ 40:1506** Special fire protection districts; creation; subdistricts; boards; powers, duties, and functions {#sec-40-1506 omnilex-key=us-la-statutes--rs-title-40--40:1506}

A. When used in this Section, the following terms have these meanings:

(1) "Board" means the board of commissioners of a district created pursuant to this Section.

(2) "District" means a fire protection district created pursuant to this Section.

(3) "Fire protection service" means but is not necessarily limited to the following:

(a) Acquiring and maintaining land for a fire station site.

(b) Acquiring, constructing, maintaining, and operating fire protection facilities.

(c) Acquiring, maintaining, and operating fire trucks and other fire protection or emergency equipment.

(d) Obtaining water for fire protection purposes, including charges for fire hydrant rentals and service.

(e) Paying salaries of firemen.

(4) "Subdistrict" means any subdistrict of a district.

B. In addition to other authority granted by law, a parish governing authority may create a fire protection district in the manner and subject to the limitations and restrictions contained in this Section. The district shall include two or more fire protection subdistricts.

C. The district shall include:

(1) The nonincorporated area of the parish, excluding any area created as an industrial area; and

(2) The area within the corporate limits of each municipality which concurs in being included in the district.

D. Subject to this Section, the district shall be a political subdivision within the meaning of the laws of the state relating to voting and levying of special maintenance taxes, and service charges or fees, incurring debt, and issuing bonds therefor, including but not limited to the provisions of Subtitle II, Chapter 4, of Title 39 of the Louisiana Revised Statutes of 1950.

E.(1) Notice of intention to create the district shall be ordered by resolution of the parish governing authority only if concurred in, by resolution, by the municipal governing authority of each municipality to be included in the district. The resolution shall state the boundaries proposed for the district and the boundaries proposed for the subdistricts. The notice shall state that the parish governing authority shall, in open session, on a day and at an hour and place named, proceed to create the proposed district.

(2) This notice shall be published once a week for two successive weeks, the first publication being not less than fifteen days before the date fixed for the hearing, in the parish's official journal.

F.(1) At the place and time specified in the notice provided for in Subsection E, the parish governing authority shall hold a public hearing concerning the creation of the proposed district and the proposed boundaries of the subdistricts. At this hearing, the parish governing authority may change the boundaries of the proposed subdistricts.

(2) After the hearing, the parish governing authority may adopt an ordinance creating the district and fixing the boundaries of each subdistrict.

(3) The ordinance shall:

(a) Contain the method or formula by which the district's revenues shall be allocated to the subdistricts for fire protection purposes.

(b) Provide that any subsequent revision of the method or formula of allocation, or termination thereof, shall occur only upon adoption of an ordinance setting forth the proposed action by the parish governing authority and upon concurrence, by resolution, of the governing authority of each municipality included in the district.

(c) Provide that the entire area of any municipality within the district shall be included within one subdistrict.

(d) Provide that any area annexed by a municipality, which is included in the district, that is not within the same subdistrict as the annexing municipality shall be included within the same subdistrict as the municipality. The parish governing authority shall adopt an ordinance changing the boundaries of the subdistricts only to the extent necessary to comply with this Subparagraph.

(e) Not become effective until it has been concurred in, by resolution, by the governing authority of each municipality in the district.

(4) Thereafter, notice of the formation of the district and the subdistricts shall be given immediately by one publication in the parish's official journal.

G.(1) The district shall be governed by a board of commissioners consisting of one representative of each subdistrict appointed by the governing body of the subdistrict. Each subdistrict representative on the board shall be a resident of the subdistrict and may be a member of the governing body of the subdistrict.

(2) Each board member shall serve at the pleasure of the governing body making the appointment.

(3) Annually, the board shall elect a chairman and may elect such other officers as the board may deem necessary.

(4) The board shall select a secretary and a treasurer, or a combined secretary-treasurer, who may be members of the board.

H. The board, as governing body of the district, shall:

(1) Fix the time and place of its regular meetings.

(2) Deposit all funds collected or otherwise received by the district in a separate account with the board's fiscal agent and disburse such funds in accordance with law.

(3) Allocate funds to the subdistricts as provided by ordinance.

(4) Adopt a procedure by which a subdistrict may make application for and receive supplemental funding from the district.

(5) Have the district's books and records audited by the legislative auditor under the provisions contained in R.S. 24:513. The audit report shall be made available to the board, to the parish governing authority, and to the governing authority of each municipality in the district.

(6) Prepare a budget for its operations in the ensuing year. Upon receipt of funds sufficient to finance its budget, the board may proceed to act thereunder.

I. The board, as governing body of the district may:

(1) Incur debt and contract obligations.

(2) Sue and be sued.

(3) Accept grants or donations of any type.

(4) Enter into contracts necessary or desirable to fund fire protection service within the district, including entering into contracts and agreements with any federal, state, or local agency or instrumentality as is necessary to procure aid and grants.

(5) With the concurrence of the parish governing authority and the governing authority of each municipality in the district, levy a special tax of not more than ten mills on the dollar of a period of not more than ten years for the purpose of providing fire protection service within the district. However, the resolution levying the tax shall be adopted by the board only after the question of the levy and the amount of the tax have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. The cost of the election shall be borne by the district.

(6)(a) With the concurrence of the parish governing authority and the governing authority of each municipality in the district, establish, by majority vote of the members of the board, a service charge or rates of service charges to be assessed persons occupying residential or nonresidential structures and persons owning unoccupied structures located wholly or partly within the district as customers of the district, subject to Subparagraph (b) of this Paragraph. The service charges or rates of service charges shall be equal for all customers and shall be framed so as to cover and shall be used for the costs of fire protection service within the district.

(b) Service charges or rates of service charges shall be assessed by resolution of the board. However, the resolution assessing the service charges shall be adopted by the board only after the question of the assessment and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. The cost of the election shall be borne by the district.

(7)(a) With the concurrence of the parish governing authority and the governing authority of each municipality in the district, levy within the district a sales and use tax not exceeding one percent, which tax may exceed the limitation set forth in Article VI, Section 29(A) of the Constitution of Louisiana. However, the levy shall be adopted by the board only after the question of the levy and the amount of the tax have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. The cost of the election shall be borne by the district.

(b) The tax shall be imposed by resolution of the board and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the distribution and storage for use or consumption of tangible personal property, and upon the sales of services within the district, all as presently or hereafter defined in R.S. 47:301 et seq.

(c) Except where inapplicable, the procedure established by R.S. 47:301 et seq. shall be followed in the imposition, collection, and enforcement of the tax, and procedural details necessary to supplement the provisions of those Sections and to make said provisions applicable to the tax herein authorized shall be fixed in the resolution of the board imposing the tax.

(d) The tax shall be imposed and collected uniformly throughout the district.

(e) The proceeds of the tax may be used by the board for fire protection purposes within the district, but the proceeds of the tax shall be dedicated solely for the purposes approved by the electorate, including the funding of the proceeds of such tax into bonds in the manner provided by Subpart F, Part III, Chapter 4, Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, which funding may be submitted to the voters in the same proposition the tax is submitted.

(f) The resolution imposing the tax herein authorized shall be adopted by the board only after the question of the imposition of the tax shall have been submitted to the qualified electors of the district at an election conducted in accordance with the election laws of the state and a majority of those voting in the election shall have voted in favor of the imposition of the tax. All expenses of the election shall be borne by the district.

(8) The board may use any necessary and proper means to collect and enforce the collection of any tax or service charge, including contracting with any political subdivision within the parish or any official or agency of the parish to effect the collection.

(9) Adopt rules and procedures.

(10) Do and perform all acts necessary and proper for the purpose of providing funding for fire protection service within the district.

J. The district and any subdistrict may be revised or dissolved only in the manner and subject to the limitations and restrictions applicable to the creation of the district and the subdistricts.

K.(1) If no municipality is included within a subdistrict, the parish governing authority shall be the governing body of the subdistrict.

(2) If a municipality is included within a subdistrict, the governing body of the municipality shall be the governing body of the subdistrict.

(3) The governing body of each subdistrict shall:

(a) Fix the time and place of its regular meetings.

(b) Deposit and maintain all funds received for the use of the subdistrict in a separate account with the governing body's fiscal agent and disburse such in accordance with law.

(c) The subdistrict's books and records shall be audited by the legislative auditor under the provisions contained in R.S. 24:513. The audit report shall be made available to the board, to the parish governing authority, and to the governing authority of each municipality in the district.

(d) Prepare a budget for its operations in the ensuing year.

(4) Upon receipt of funds sufficient to finance its budget, the governing body may proceed to act thereunder.

(5) The governing body of each subdistrict may:

(a) Sue and be sued.

(b) Accept grants or donations of every type.

(c) Enter into contracts necessary or desirable to carry out the purpose of the subdistrict, including entering into contracts and agreements with any federal, state, or local agency or instrumentality as is necessary to procure aid and grants to assist the subdistrict in carrying out the purpose for which it was created.

(d) Adopt rules and procedures and fix the time and place of its regular meetings.

(e) Do and perform all acts necessary and proper for the purpose of providing fire protection service within the subdistrict.

(f) If and only if there is being levied and collected a special tax pursuant to Paragraph I(5) of this Section, a service charge pursuant to Paragraph I(6) of this Section, or a sales and use tax pursuant to Paragraph I(7) of this Section, levy a special tax of not more than ten mills on the dollar for a period of not more than ten years or the termination of all district levies and assessments, whichever occurs first, for the purpose of providing fire protection service within the subdistrict. However, the resolution levying the tax shall be adopted by the governing body only after the question of the levy and the amount of the tax have been submitted to and approved by a majority of electors of the subdistrict voting at an election held for that purpose. The cost of the election shall be borne by the subdistrict.

(g)(i) If and only if there is being levied and collected a special tax pursuant to Paragraph I(5) of this Section or a service charge pursuant to Paragraph I(6) of this Section, establish, by majority vote of the members of the governing body, a service charge or rates of service charges to be assessed persons occupying residential or nonresidential structures and persons owning unoccupied structures located wholly or partly within the subdistrict as customers of the subdistrict, subject to the provisions of Subparagraph (ii) of this Subparagraph. The service charges or rates of service charges shall be equal for all customers and shall be used for the costs of fire protection service within the subdistrict.

(ii) Service charges or rates of service charges shall be assessed by resolution of the governing body. However, the resolution assessing the service charges shall be adopted by the governing body only after the question of the assessment and the amount of the service charges or rates of service charges established shall have been submitted to and approved by a majority of electors of the subdistrict voting at an election held for that purpose. The cost of the election shall be borne by the subdistrict.

(iii) The service charge authorized pursuant to this Subparagraph shall automatically terminate upon the cessation of all district levies and assessments.

(h) The governing body may use any necessary and proper means to collect and enforce the collection of any tax or service charge, including contracting with another political subdivision within the parish or any official of the parish to effect the collection.

L. If any area is transferred from one subdistrict to another, whether through annexation or otherwise, the governing body of the subdistrict from which the area is taken shall continue to levy existing taxes in that area for the retirement of any outstanding tax secured or revenue-secured bonds and may continue to levy any maintenance tax or service charge previously authorized for the full period of the authorization. However, the governing body of that subdistrict shall not thereafter levy any new maintenance tax or assess any new service charges in the area which has been transferred to another subdistrict. If the subdistrict thereafter issues any tax secured bonds, the assessed value of that area shall not be used in computing the bonding capacity of the subdistrict and no tax shall be levied in that area for the retirement of new bonds of the subdistrict.

Acts 1990, No. 791, §1, eff. July 24, 1990; Acts 1991, No. 185, §1, eff. July 2, 1991.

{{NOTE: SEE ACTS 1991, NO. 185, §§2-5.}}

##### **§ 40:1508** Limitation of authority to levy fire service charge without vote of electorate; 1992 Regular Session {#sec-40-1508 omnilex-key=us-la-statutes--rs-title-40--40:1508}

A. Notwithstanding any Act of the 1992 Regular Session of the Legislature, no governing authority of a fire protection district manned with any volunteer fireman may, solely by majority vote of the authority, without approval by a vote of the electorate of the district, levy a fire service charge of more than one dollar for each housing unit within a hotel or motel. Further, for the purposes of levying any fire service charge authorized by any Act of the 1992 Regular Session without approval by a vote of the electorate of the district, no residential unit within a structure or individual housing unit within a multiple dwelling structure may be considered a separate structure, rather the entire structure containing the residence or housing unit shall be considered as one structure.

B. This Section shall supersede any Act of the 1992 Regular Session of the Legislature to the extent that the provisions of this Section conflict with the provisions of such Act.

*Acts 1992, No. 610, §2, eff. July 2, 1992.*

##### **§ 40:1509** Appointment of board of commissioners of certain fire protection districts {#sec-40-1509 omnilex-key=us-la-statutes--rs-title-40--40:1509}

Notwithstanding any provision of law to the contrary, the board of commissioners of a fire protection district in the parishes of Avoyelles, Lincoln, St. John the Baptist, and Webster shall be comprised of at least one member from each ward located within the boundaries of the district. The respective parish governing authorities shall implement this Section by providing for appointment of members, including those from municipalities, in such manner, and by adding such members, as shall be necessary to implement these provisions.

*Acts 1993, No. 808, §1; Acts 2001, No. 722, §1, eff. June 25, 2001; Acts 2011, 1st Ex. Sess., No. 12, §1, eff. June 12, 2011.*

##### **§ 40:1510** Expenditure of public funds for awards, recognition, and meals {#sec-40-1510 omnilex-key=us-la-statutes--rs-title-40--40:1510}

A. Notwithstanding any provision of law to the contrary, a fire protection district,
municipal fire department, or volunteer fire department may expend public funds in
connection with the following activities:

(1) The purchase of a plaque, trophy, certificate, medal, or similar memento to
acknowledge outstanding achievement or valiant act of personnel not to exceed one hundred
dollars.

(2) Meals, snacks, or refreshments for firefighters involved in fire department related
meetings, workshops, training programs, or performing of emergency services not to exceed
twenty-five dollars per person.

(3) The implementation and execution of a length of service awards program. For
the purposes of this Paragraph, a length of service awards program means a program
established by the fire protection district, municipal fire department, or volunteer fire
department that provides a monetary benefit, based upon service, to eligible firefighters as
determined by the fire protection district, municipal fire department, or volunteer fire
department. The length of service awards program shall not be considered a vested right nor
entitle the recipient to any other benefit not directly related to the program's monetary
benefit. The length of service award shall not be considered permanent and may be
discontinued at any time.

B. The provisions of this Section shall not be construed to prohibit or restrict the use
of public funds to pay or defray the reasonable expenses of travel and lodging required for
attendance at any conference or convention for the purpose of educating or training fire
department personnel with regard to their public duties and responsibilities.

*Acts 2012, No. 349, §1; Acts 2013, No. 262, §1; Acts 2024, No. 238, §1.*

#### **PART II** STATE FIRE COLLEGE

##### **§ 40:1531** Administration; sessions; subjects of instruction {#sec-40-1531 omnilex-key=us-la-statutes--rs-title-40--40:1531}

The State Fire College is created. It shall be administered by the Department of Public Safety.

The fire college shall hold annual sessions at a time and place determined by the department. At these sessions it shall instruct the representatives of the paid, part-paid, and volunteer fire departments of the state who are sent there in all the approved modern methods of fire-fighting, rendering first aid in case of drowning or asphyxiation, etc., and in all the modern methods of preserving life and property.

##### **§ 40:1532** Transfer of administration {#sec-40-1532 omnilex-key=us-la-statutes--rs-title-40--40:1532}

The administration of the State Fire College is hereby transferred from the Department of Public Safety to the Louisiana State University and Agricultural and Mechanical College and the expenses of the same shall be included in the annual budget submitted by the Louisiana State University and Agricultural and Mechanical College.

*Acts 1963, No. 84, §3.*

#### **PART II-A** FIREFIGHTER; TRAINING AND CERTIFICATION; LOUISIANA FIRE AND EMERGENCY TRAINING COMMISSION

##### **§ 40:1541** State fire marshal; official agency for training {#sec-40-1541 omnilex-key=us-la-statutes--rs-title-40--40:1541}

A. The office of state fire marshal is hereby officially designated as the agency of this
state to conduct training for in-service firefighters on a statewide basis in which firefighters
from any and all duly constituted fire departments and private or commercial industrial and
allied emergency services may participate, and to coordinate and conduct other firefighter
training programs at other training locations as provided in this Part and transfer such
training to the office of state fire marshal. This Part shall not be construed as affecting the
authority of any fire department to conduct training for its own personnel.

B. The office of state fire marshal shall conduct training programs and perform its
functions as provided in this Part with the advice and guidance of the Louisiana Fire and
Emergency Training Commission created by this Section.

C.(1) The Louisiana Fire and Emergency Training Commission, referred to in this
Part as the "commission", is hereby created.

(2) The commission shall be composed of eleven members as follows:

(a) One member shall be the state fire marshal or his designee.

(b) One member shall be the Louisiana State University-Baton Rouge chancellor or
his designee.

(c) Two members shall be selected by the Louisiana State Firemen's Association.

(d) Two members shall be selected by the Louisiana Fire Chiefs Association.

(e) Two members shall be selected by the Professional Firefighters' Association of
Louisiana.

(f) One member shall be a Louisiana citizen with knowledge and experience in the
field of fire and emergency services appointed by the governor.

(g) One member shall be a person who is currently in active service with a Louisiana
fire department and has been active for at least ten years, appointed by the governor upon
recommendation of the commission.

(h) One member shall be a person with knowledge and experience and active in the
field of industrial fire and emergency services, appointed by the governor upon
recommendation of the commission.

(3) Members shall serve at the pleasure of the appointing authority. A vacancy shall
be filled in the manner of the original appointment.

(4) Members shall serve without compensation or reimbursement for expenses.

(5) The commission annually, at the first meeting of the calendar year, shall elect
from its members a chairman and vice chairman. The chairman and vice chairman shall
serve as such for a period of one year from the date of election.

(6) Commission members shall be considered state officers for purposes of R.S.
9:2798.1 and Chapter 16-A of Subtitle III of Title 39 of the Louisiana Revised Statutes of
1950.

(7) The commission shall meet at least quarterly. Other meetings may be called by
the chairman on his own initiative and shall be called by him at the request of three or more
members of the commission within fourteen days of such request. Each member shall be
notified by the chairman in writing of the time and place of a meeting at least seven days
before the meeting.

(8) The commission shall adopt rules for the conduct of commission functions. Any
decision of the commission may be made only by the favorable vote of at least two-thirds of
those members in attendance at the meeting provided that a quorum is established prior to
the vote. A majority of members of the commission shall constitute a quorum.

D. The commission shall provide advice, guidance, and recommendations to the
office of state fire marshal relative to the approval of matters including but not limited to the
following:

(1) Approval of an organizational chart outlining the arrangement of personnel
needed for the conduct of the office of state fire marshal's functions pursuant to this Part.

(2) All aspects of the conduct of fire and emergency training and training programs,
including curricula and performance of the office of state fire marshal's functions pursuant
to this Part.

(3) Prioritization of training throughout the state.

(4) Recommendations to be made by the office of state fire marshal to the legislature
relative to the office of state fire marshal's functions pursuant to this Part.

(5) The acceptance of any and all appropriate donations and grants of money,
equipment, supplies, materials, and services and their receipt, use, and disposal. The
commission shall be apprised of all grant opportunities available to the office of state fire
marshal Fire and Emergency Training Academy and all grant applications submitted on
behalf of the academy individually or in conjunction with other institutions or programs of
the office of state fire marshal.

E. The state fire marshal, subject to the approval of the commission, shall appoint
a qualified person to serve as the superintendent of the Louisiana Fire and Emergency
Training Academy.

F. Notwithstanding any provision of law to the contrary, the commission may certify
educators to conduct fire-based emergency medical services training in preparation for
licensure, and such training shall be accepted by the Bureau of Emergency Medical Services.

*Acts 1970, No. 481, §1. Amended by Acts 1979, No. 528, §1, eff. July 18, 1979; Acts 2012, No. 596, §2, eff. July 1, 2012; Acts 2020, No. 268, §1; Acts 2022, No. 231, §3.*

##### **§ 40:1542** Standards {#sec-40-1542 omnilex-key=us-la-statutes--rs-title-40--40:1542}

The National Firefighting Standards shall be used as the basis for classroom instruction and testing for certification of firemen.

*Acts 1970, No. 481, §2. Amended by Acts 1972, No. 19, §1; Acts 1975, No. 576, §1; Acts 1979, No. 528, §1, eff. July 18, 1979.*

##### **§ 40:1543** Certification {#sec-40-1543 omnilex-key=us-la-statutes--rs-title-40--40:1543}

A. Certification for successful completion of prescribed courses shall be issued by
the office of state fire marshal.

B. The office of state fire marshal shall develop a program to issue a reciprocity
certification to a person who has been timely certified by an accreditation by the International
Fire Service Accreditation Congress, at the appropriate accredited certification level.

*Acts 1970, No. 481, §3. Amended by Acts 1975, No. 576, §1; Acts 1979, No. 528, §1, eff. July 18, 1979; Acts 2001, No. 212, §1; Acts 2022, No. 231, §3.*

##### **§ 40:1544** Administration of federal funds {#sec-40-1544 omnilex-key=us-la-statutes--rs-title-40--40:1544}

The office of state fire marshal is designated as administrator for all federal fire
training and education funds; however, this Section shall not prohibit local governmental
subdivisions or Delgado Community College from applying for, receiving, and administering
federal funds for fire training and education.

*Acts 1970, No. 481, §4. Amended by Acts 1975, No. 576, §1; Acts 1979, No. 528, §1, eff. July 18, 1979; Acts 2001, No. 212, §1; Acts 2022, No. 231, §3.*

##### **§ 40:1545** Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989. {#sec-40-1545 omnilex-key=us-la-statutes--rs-title-40--40:1545}

*Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.*

##### **§ 40:1546** Coordination of state, private, and federal efforts {#sec-40-1546 omnilex-key=us-la-statutes--rs-title-40--40:1546}

Each state institution, state agency, or private agency providing training for the fire
service shall coordinate such efforts with the firefighter training program through the office
of state fire marshal to prevent duplication of efforts, duplication of cost, and to ensure
standardization. The office of state fire marshal is hereby designated as the state agency for
the coordination of training for the fire service provided by any federal government agency.

*Acts 1970, No. 481, §6. Amended by Acts 1979, No. 528, §1, eff. July 18, 1979; Acts 2001, No. 212, §1; Acts 2022, No. 231, §3.*

##### **§ 40:1547** Office of state fire marshal Fire and Emergency Training Academy Film Library Fund; creation {#sec-40-1547 omnilex-key=us-la-statutes--rs-title-40--40:1547}

A. The office of state fire marshal Fire and Emergency Training Academy located
at Baton Rouge is hereby authorized to create an office of state fire marshal Fire and
Emergency Training Academy Film Library Fund for the establishment of a film library.

B. Out of the funds remaining in the Bond Security and Redemption Fund after a
sufficient amount is allocated to pay all obligations secured by the full faith and credit of the
state which become due and payable within a fiscal year, the treasurer in each fiscal year
shall pay into a special fund, which is hereby created in the state treasury and designated as
the office of state fire marshal Fire and Emergency Training Program Film Library Fund, the
sum of fifty thousand dollars to be appropriated by the legislature. The sum appropriated in
this Subsection shall be in addition to any other appropriations made to the office of state fire
marshal Fire and Emergency Training Academy.

C. The Film Library created by this Section shall provide training films, public
education fire service films, and fire prevention films to be used by the volunteer fire
departments, paid fire departments, and industrial fire brigades of the state of Louisiana. The
library shall be operated by and under the jurisdiction of the Fire and Emergency Training
Program of the office of state fire marshal located at Baton Rouge.

*Added by Acts 1981, No. 941, §1; Acts 2022, No. 231, §3.*

#### **PART II-B** FIRE AND EMERGENCY TRAINING SERVICES DISTRICTS

##### **§ 40:1551** Creation; authority of parish governing authorities; purpose {#sec-40-1551 omnilex-key=us-la-statutes--rs-title-40--40:1551}

A. The governing authority of any parish or the governing authorities of any group
of parishes are hereby authorized and empowered, upon their own initiative, to form and
create a fire and emergency training services district as a political subdivision of the state.

B. The purpose of a fire and emergency training services district, hereinafter
sometimes referred to as "district" and the governing bodies created pursuant to this Chapter
shall be to maintain and operate a well-equipped educational and training institution or
facility to teach and train fire fighting and emergency services personnel. The production of
well-qualified personnel will serve only to enhance the state's fire protection and emergency
services provision efforts, which in turn shall benefit all of the citizens of this state.

C. In providing training for the fire service, the district shall coordinate such efforts
with the office of state fire marshal Fire and Emergency Training Academy to prevent
duplication of efforts and duplication of cost, and to ensure standardization in accordance
with R.S. 40:1541 et seq. In addition, all aspects of the training, including but not limited
to personnel, participants, programs, and courses, shall be certified by and through the Fire
and Emergency Training Academy of the office of state fire marshal.

*Acts 2001, No. 188, §1, eff. May 31, 2001; Acts 2022, No. 231, §3.*

##### **§ 40:1552** Board of commissioners; membership; qualifications; appointment; terms; vacancies; removal; officers; meetings {#sec-40-1552 omnilex-key=us-la-statutes--rs-title-40--40:1552}

A. A fire and emergency training services district created pursuant to the provisions of this Chapter shall be governed by a board of commissioners composed of qualified voters of the district, all to be appointed by the parish governing authority or parish governing authorities, in the instance of a multiparish district. The board shall be comprised of such number as determined by the parish governing authority or governing authorities but shall not be less than five. The appointing authorities shall determine the terms the board members shall serve.

B. Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Any commissioner may be removed from office for cause and his appointment rescinded by a two-thirds vote of the elected membership of the appointing parish governing authority.

C. The first meeting of the board of commissioners shall be within sixty days of the date of the appointment of all the members. At that time, a chairman and vice chairman of the board shall be elected, and a director of the district shall be appointed. Thereafter, the board of commissioners shall hold a minimum of three meetings annually. The parish governing authority or governing authorities or the chairman of the board of commissioners may call additional meetings of the board.

*Acts 2001, No. 188, §1, eff. May 31, 2001.*

##### **§ 40:1553** Corporate status of district; authority of board {#sec-40-1553 omnilex-key=us-la-statutes--rs-title-40--40:1553}

A. A fire and emergency training services district created pursuant to the provisions of this Chapter shall constitute a body corporate in law with all the power and right to incur debts and contract obligations, to sue and be sued, and to do and perform any and all acts in its corporate capacity and its corporate name necessary and proper for the carrying out of the purposes for which the district was created. Any obligation, debt, or liability incurred by the district shall not constitute or create an obligation, either general or special, debt, or liability of the parish or parishes or the state of Louisiana within the meaning of any constitutional or statutory provision whatsoever.

B. The district shall be domiciled as designated by the parish governing authority or authorities and the board of commissioners of the district shall have the following authority:

(1) To operate and maintain a well-equipped, state-of-the-art fire fighting and emergency services training center.

(2) To represent the public interest in providing fire fighting and emergency training services in the district.

(3) To make, alter, amend, and promulgate rules and regulations governing the conduct of the district.

(4) To conduct hearings and pass on complaints by or against any officer or employee of the district.

(5) To review and modify or to set aside any action of the officers or employees of the district as the board determines to be desirable or necessary in the public interest.

(6) To appoint a director and staff of the district, as further provided in R.S. 40:1554.

(7) To appoint the standing and special committees which may be necessary to carry out the purposes of this Chapter.

(8) To establish charges or rates of pay for the use of facilities provided by the district.

(9) To designate a bank to act as agent for depositing funds.

(10) To designate rules and regulations for safekeeping of the funds acquired, collected, or loaned by or to the district and to provide for regular audits of the accounts of the district.

(11) To purchase, construct, or improve educational and training facilities and other educational- and training-related facilities.

(12) To acquire necessary or desirable equipment and furnishings therefor, including but not limited to technology and computer equipment and software.

(13) To repair, maintain, and rehabilitate existing educational or training facilities.

(14) To acquire or improve lands for building sites.

(15) To perform such other duties as are required and authorized by law.

C. All lands, buildings, and facilities acquired either by donation, purchase, exchange, or otherwise shall be owned, in full, by the district.

*Acts 2001, No. 188, §1, eff. May 31, 2001.*

##### **§ 40:1554** Director; staff {#sec-40-1554 omnilex-key=us-la-statutes--rs-title-40--40:1554}

A. The board of commissioners shall appoint a director of the district. The director shall serve as secretary-treasurer of the board. The director shall assume full responsibilities as director of the district, shall receive a salary fixed by the board, and shall serve at the pleasure of the board.

B. The board shall appoint such staff as is necessary to assist the director in the operation of the district.

*Acts 2001, No. 188, §1, eff. May 31, 2001.*

##### **§ 40:1555** Federal, state, and private aid and grants {#sec-40-1555 omnilex-key=us-la-statutes--rs-title-40--40:1555}

A district created pursuant to the provisions of this Chapter shall have full power to do such things and enter into such contracts and agreements with the federal government, the state, or other public or private sources as may be necessary to procure aid and grants to assist the district in carrying out the purpose for which it was created.

*Acts 2001, No. 188, §1, eff. May 31, 2001.*

#### **PART II-C** VOLUNTEER FIREFIGHTERS' TUITION REIMBURSEMENT FUND

##### **§ 40:1558.1** Purpose {#sec-40-1558.1 omnilex-key=us-la-statutes--rs-title-40--40:1558.1}

A. The legislature finds and declares that volunteer fire departments make up the vast majority of fire departments in the state, and the number of volunteers is declining. Participation in volunteer fire departments is vital to public safety; therefore, it is crucial to the future of emergency services in this state to encourage participation in volunteer fire departments.

B. It is the purpose of this Part to provide for the creation of the Volunteer Firefighters' Tuition Reimbursement Fund, wherein the state may financially reimburse eligible students who volunteer with volunteer fire departments.

*Acts 2013, No. 310, §2.*

##### **§ 40:1558.2** Definitions {#sec-40-1558.2 omnilex-key=us-la-statutes--rs-title-40--40:1558.2}

As used in this Part, the following words shall have the following meanings:

(1) "Board" means the Volunteer Firefighters' Tuition Reimbursement Board.

(2) "Combination fire department" means a department whose personnel is composed of both volunteer and professional firefighters.

(3) "Recipient" means a person who has met the eligibility requirements and is awarded tuition reimbursement from the Volunteer Firefighters' Tuition Reimbursement Fund.

*Acts 2013, No. 310, §2.*

##### **§ 40:1558.3** Volunteer Firefighters' Tuition Reimbursement Fund {#sec-40-1558.3 omnilex-key=us-la-statutes--rs-title-40--40:1558.3}

A. There is hereby established a special fund in the state treasury to be known as the Volunteer Firefighters' Tuition Reimbursement Fund, hereinafter referred to as the "fund", which shall consist of monies appropriated annually by the legislature for the purpose set forth in this Part to the extent that state general funds are available; federal funds; public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund; and any other monies that may be provided by law.

B.(1) Notwithstanding any other provision of law to the contrary, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from the Bond Security and Redemption Fund to pay all of the obligations secured by the full faith and credit of the state that become due and payable within any fiscal year, the treasurer shall pay into the Volunteer Firefighters' Tuition Reimbursement Fund an amount equal to the amount provided for in Subsection A of this Section.

(2) Monies appropriated from the fund shall be used solely as provided by Subsection C of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.

C. Subject to annual appropriation by the legislature, the monies in the Volunteer Firefighters' Tuition Reimbursement Fund shall be used solely for providing tuition reimbursement to eligible volunteer firefighters attending a state funded public college, university, or vocational or technical school.

D. Notwithstanding any provision of law to the contrary, no monies from the state general fund (direct) shall be deposited or appropriated to the fund unless and until two-thirds of the elected members of each house of the legislature consent to such deposit or appropriation.

*Acts 2013, No. 310, §2.*

##### **§ 40:1558.4** Volunteer Firefighters' Tuition Reimbursement Board; creation; membership {#sec-40-1558.4 omnilex-key=us-la-statutes--rs-title-40--40:1558.4}

A. There is hereby created the Volunteer Firefighters' Tuition Reimbursement Board within the Department of Public Safety and Corrections, office of state fire marshal, code enforcement and building safety.

B. The Volunteer Firefighters' Tuition Reimbursement Board shall be composed of seven members as follows:

(1) The state fire marshal or his designee.

(2) The president of the Senate or his designee.

(3) The speaker of the House of Representatives or his designee.

(4) One member appointed by the governor.

(5) One member appointed by the Louisiana State Firemen's Association.

(6) Two members appointed by the Louisiana Fire Chiefs Association, one of whom shall be the chief of a predominantly volunteer fire department.

C. Each board member shall serve without compensation.

D. The board shall adopt rules and regulations providing for the governance of the board, including but not limited to the following:

(1) Procedures for the election of board officers and terms of office.

(2) Methods and grounds for removal of board members, which shall include but not be limited to conviction of a felony and failure to meet attendance rules.

(3) Procedures for filling vacancies created by removal, resignation, or death of any member prior to the end of the member's term, which shall follow those used for the initial appointment of members to the board.

E. Four members shall constitute a quorum and shall be required to conduct the business of the board. A majority vote of the members constituting a quorum shall be necessary for any action taken by the board.

*Acts 2013, No. 310, §2.*

##### **§ 40:1558.5** Powers and duties of the board {#sec-40-1558.5 omnilex-key=us-la-statutes--rs-title-40--40:1558.5}

A. The board shall:

(1) Create an application and develop application procedures.

(2) Determine which applications meet the eligibility requirements provided for in R.S. 40:1558.6 and any rules or regulations promulgated by the board.

(3) Disburse to recipients an amount equal to the tuition charged by the state funded college, university, or vocational or technical school selected by the recipient.

(4) Require the fire chiefs of recipients to file voluntary status affidavits with the board for each semester for each recipient.

(5) Require recipients to file education progress reports with the board after each semester.

B. The board shall determine recipients based on eligible applicants in the order in which the applications were received by the board.

*Acts 2013, No. 310, §2.*

##### **§ 40:1558.6** Eligibility of applicants {#sec-40-1558.6 omnilex-key=us-la-statutes--rs-title-40--40:1558.6}

A. Eligible applicants shall have met, at a minimum, the following requirements:

(1) Resided in the state for at least one year prior to application.

(2) Completed a two-year associate degree program or completed two years of a four-year degree program at a public college or university or completed one year at a public vocational or technical school.

(3) Volunteered for a minimum of two years with a volunteer or combination fire department prior to application and, at the time of application, is serving as a volunteer firefighter.

B. A recipient shall be disqualified from receiving tuition reimbursement from the fund if the board determines either of the following:

(1) That the recipient has failed to maintain good standing with the attending college, university, or vocational or technical school.

(2) That the recipient has discontinued service as a volunteer firefighter.

*Acts 2013, No. 310, §2.*

##### **§ 40:1558.7** Rules and regulations {#sec-40-1558.7 omnilex-key=us-la-statutes--rs-title-40--40:1558.7}

The board shall adopt such rules and regulations as are necessary to implement the provisions of this Part in accordance with the Administrative Procedure Act.

*Acts 2013, No. 310, §2.*

#### **PART III** STATE FIRE MARSHAL

#### **SUBPART A** GENERAL PROVISIONS

##### **§ 40:1561** Recognition; appointment; term; compensation; qualifications {#sec-40-1561 omnilex-key=us-la-statutes--rs-title-40--40:1561}

A. There shall be a fire marshal of the state of Louisiana who shall be appointed by the governor for a term coextensive with his own. The state fire marshal shall have the following qualifications:

(1) have a college degree or have at least ten years experience in the fire service with five of such years as a district chief or higher position or chief of a fire prevention bureau or equivalent experience;

(2) have at least two years experience in management and personnel supervision;

(3) have been continuously engaged in the fire protection field for at least five years; and

(4) has demonstrated through his past endeavors his ability to perform the functions assigned to his office.

B. The office of fire marshal of the State of Louisiana shall be subject to and regulated by the provisions of Chapter 1 of Title 39 and particularly with respect to the requirements of budgetary control and central purchasing.

C. The state fire marshal shall receive a minimum annual salary of seventeen thousand five hundred dollars. The qualifications set forth in this section shall take effect as of the day beginning the next gubernatorial term.

*Amended by Acts 1956, No. 94, §1; Acts 1965, No. 53, §1; Acts 1967, No. 86, §1; Acts 1968, No. 479, §1; Acts 1970, No. 419, §1; Acts 1974, No. 222, §1.*

##### **§ 40:1562** Assistants and deputies {#sec-40-1562 omnilex-key=us-la-statutes--rs-title-40--40:1562}

A. The fire marshal may appoint a first assistant at a salary that he deems reasonable. The first assistant shall have the same qualifications as are required of the state fire marshal.

B. The fire marshal may also appoint such deputies, counsel, and other officers and employees as he thinks necessary for the proper performance of the duties imposed upon him by the provisions of this part. In these appointments, the fire marshal shall use the funds necessary for such purpose and available to him from the fire marshal fund in the state treasury and from appropriations made by the legislature.

*Amended by Acts 1956, No. 94, §1; Acts 1970, No. 419, §1; Acts 1974, No. 230, §1; Acts 1981, No. 655, §1.*

##### **§ 40:1562.1** Organization of fire marshal's office {#sec-40-1562.1 omnilex-key=us-la-statutes--rs-title-40--40:1562.1}

The fire marshal's office shall be organized into the following sections:

(1) Administrative.

(2) Engineering.

(3) Inspection.

(4) Investigation.

(5) Fire and emergency training.

*Added by Acts 1974, No. 231, §1; Acts 2022, No. 231, §3.*

##### **§ 40:1563** Powers and duties generally; use of deputies; responsibilities of local governing authorities with fire prevention bureaus; open structures and process structures; fees {#sec-40-1563 omnilex-key=us-la-statutes--rs-title-40--40:1563}

A. The fire marshal shall take all steps necessary and proper to protect life and
property from the hazards of fire and of panic which may arise from fire or from the threat
of fire or explosion.

B. Except for those open structures and process structures as defined in Subsection
J of this Section the fire marshal shall supervise the following:

(1) The construction and maintenance of exits, including fire escapes, exit doors, and
emergency lighting.

(2) The installation and operation of heating, air conditioning, and ventilating
systems.

(3) The use of flammable materials for decorative purposes in places of public
assembly.

(4) The inspection of all structures, except one- and two-family dwellings and
movables, for the purpose of reducing or eliminating fire hazards.

C.(1) The fire marshal shall not conduct or supervise inspections pursuant to the
provisions of Paragraphs (B)(1), (2), (3), and (4) of this Section within the jurisdiction of any
local governing authority in which a fire prevention bureau has been properly established by
special ordinance and accompanying resolution as provided in this Section, except as
provided in Paragraph (5) of this Subsection.

(2) The local governing authority may properly establish a fire prevention bureau by
special ordinance and accompanying resolution as provided in this Section and a fire
prevention bureau thus established may apply for certification by the fire marshal to perform
inspections on behalf of the fire marshal solely through adoption of the special ordinance
which conforms to the following requirements which are applicable to existing fire
prevention bureaus:

(a) The fire prevention bureau must be headed by a chief of a fire department or a
person designated by the chief of a fire department.

(b) The fire prevention bureau shall be staffed with qualified individuals whose
credentials have been reviewed by the fire marshal and who have successfully completed,
according to criteria established by the fire marshal, special training in fire inspection and
fire codes in a course approved by the fire marshal at the office of state fire marshal Fire and
Emergency Training Academy or a course deemed equivalent or superseding by the fire
marshal.

(c) Requiring adoption as a minimum standard those codes as adopted and enforced
by the state fire marshal.

(d) Requiring copies of inspection reports to be filed with the state fire marshal's
office on forms acceptable to the fire marshal.

(e) Requiring continuing education as necessary to maintain standing through a
training program recognized by the fire marshal.

(f) Recognizing the authority of the fire marshal to monitor the performance of the
fire prevention bureau in the performance of those functions which would otherwise be
performed by the fire marshal.

(3) The fire marshal shall revoke certification of a local fire prevention bureau for
cause, including but not limited to failure to submit reports of inspections for six consecutive
months, after notice and an administrative hearing, in accordance with the Administrative
Procedure Act.

(4) The fire marshal shall remain responsible for all institutional occupancies
requiring a state or federal license, detention, colleges, universities, state-owned and state-leased buildings, and schools where applicable, and the applicable federal and state life
safety codes shall be the codes applying to these facilities. Nothing contained herein shall
limit the right of the local fire department to consult with the fire marshal or otherwise
restrict the authority of the local fire department to conduct fire preplanning for any
occupancy within its jurisdiction.

(5) The fire marshal shall not conduct or supervise inspections in all remaining
matters where a fire prevention bureau is properly certified unless specifically requested by
the fire prevention bureau or the local governing body of that jurisdiction or upon complaint
of any citizen. The fire marshal may, at his discretion, report any complaint received from
a citizen to the appropriate fire prevention bureau and the fire marshal may conduct a joint
inspection with the fire prevention bureau.

(6) The monitoring function conferred upon the fire marshal by this Section is solely
intended to achieve the equal, effective enforcement of the state's adopted fire protection, life
safety, and accessibility laws, codes, rules, and regulations. It is not intended that the fire
marshal shall retain or assume responsibility or liability for inspections performed by fire
prevention bureaus. The local governing authority shall, by specific resolution
accompanying the ordinance creating the fire protection bureau, assume the responsibility
for and release the fire marshal and any other state entity from responsibility or liability for
those inspections performed by the fire prevention bureau, or the consequences thereof,
within the jurisdiction of the governing authority.

D. For the purpose of this Part, a "fire prevention bureau" is defined as any agency
of a locally governed jurisdiction staffed by qualified individuals whose qualifications have
been reviewed by the fire marshal whose responsibility it is under the laws or ordinances of
that locally governed jurisdiction to inspect structures, watercraft, and movables for
compliance with the appropriate fire code applicable as provided in R.S. 40:1578.6 and
equivalencies as determined by the fire marshal pursuant to R.S. 40:1574(K) and to conduct
investigations of fires in accordance with the provisions of R.S. 40:1566 and 1568.

E. In the execution of the duties imposed upon him by this Part, the fire marshal may
designate any of his regular, salaried deputies to act for him except with respect to matters
of appeal from notices for the abatement of hazardous conditions, as provided in R.S.
40:1577.

F. The fire marshal shall have the authority in order to carry out the purposes of this
Part or any other law for which he is given responsibility for supervision or enforcement,
including but not limited to R.S. 40:1561 et seq., R.S. 49:148 et seq., R.S. 51:650 et seq., and
R.S. 51:911.21 et seq., to prepare, adopt, and promulgate rules and regulations in accordance
with the Administrative Procedure Act, and he shall compile a written set of current rules and
regulations setting forth state laws and regulations governing fire hazards and life safety
requirements and shall distribute to building owners copies of such compilation upon
request. He shall also have available copies of said regulations for release upon request of
any interested person and copies of state laws and regulations shall be distributed to all fire
fighting agencies within the state.

G.(1) The fire marshal shall have authority to charge fees for conducting inspections,
both as to private persons, and the state. Such fees shall be designed to cover, but not
exceed, the actual cost of the inspections. The inspection fee shall be based on the time
required for the inspection multiplied by 2.5 times the average hourly pay rate for inspectors;
provided however, all nonpublic elementary and secondary schools shall be exempt from the
payment of such fees imposed herein.

(2) As used in this Subsection, the following definitions shall apply:

(a) "Inspection" (INSP) means a survey of a single-story building, each floor of a
multi-story building, or buildings having multiple occupancies or multiple building additions
separated by horizontal two-hour fire rated construction which require separate surveys.

(b) "Reinspection" (REINSP) means a follow-up to an inspection or final inspection
to determine if proper remedial action was taken to correct deficiencies.

(c) "Final inspection" (FINAL INSP) means an inspection to determine if a new
construction, renovation, remodeling, addition, or change of occupancy in accordance with
R.S. 40:1574 is in compliance with applicable state laws and regulations.

H.(1) The fire marshal, in order to carry out the purposes of this Part or any other law
for which he is given responsibility for supervision, enforcement, licensure, or regulation,
including but not limited to R.S. 40:1662.1 et seq., R.S. 51:650 et seq., R.S. 51:911.21 et
seq., and R.S. 40:1484.1 et seq., upon reasonable suspicion that a violation of the foregoing
has occurred or is about to occur, shall have the authority to swear out and, upon issuance
by a judge, execute search warrants.

(2) A court may issue search warrants on application of the fire marshal, in
accordance with law, which warrant shall authorize the search for and seizure of anything
within the territorial jurisdiction of the court in aid of the enforcement of the laws under the
supervision, enforcement, licensure, or regulation of the office of fire marshal.

(3) The search warrant shall be directed to the fire marshal or his designated
representative and shall describe the premises to be searched. The fire marshal or his
designated representative to whom the warrant is directed shall make proper return thereon
of the action taken on it and shall describe all property or records seized, if any. Any
property or records seized shall be retained under the custody and control of the fire marshal
or his designated representative until further order of the court or as may be provided by law.

I.(1) The fire marshal, in order to carry out the purposes of this Part or any other law
for which he is given responsibility for supervision, enforcement, licensure, or regulation,
including but not limited to R.S. 40:1662.1 et seq., R.S. 51:650 et seq., R.S. 51:911.21 et
seq., and R.S. 40:1484.1 et seq., shall have the authority to request the issuance of subpoenas
to compel the attendance of witnesses and the production of documents, papers, books,
records, and other evidence before him in any matter over which he has jurisdiction.

(2) A court, upon application and acceptable presentation, may order a subpoena or
subpoena duces tecum to be issued requiring a witness to appear before the fire marshal to
give testimony or to produce evidence. Upon filing such order in the office of the clerk of
the appropriate court, the clerk shall issue the subpoena or the subpoena duces tecum
according to law.

(3) Punishment for failure to comply with a subpoena or a subpoena duces tecum,
proof of service of which appears of record, shall be subject to the sanctions available by law
to the issuing court.

J.(1) Process structures as defined herein shall conform to the requirements of the
National Fire Protection Association's Life Safety Code as provided in R.S. 40:1578.6,
except that stairs, guard rails, and hand rails shall comply with the applicable worker safety
requirements of the Occupational Safety and Health Administration.

(2) "Open structure" means a structure that supports equipment and operations not
enclosed within building walls, but which may include a roof or canopy, found in oil
refining, chemical processing plants, power plants, pulp and paper mills.

(3) "Process structure" means a naturally ventilated structure enclosed within
building walls whose primary function is to protect equipment from the environment in oil
refining, chemical processing plants, power plants, pulp and paper mills, and which structure
is normally not occupied.

K. The fire marshal shall take steps that are necessary and proper to perform services
as required by the state emergency operations plan.

L.(1) The state fire marshal shall have the authority to conduct plan reviews for plans
or specifications of a facility licensed, certified, or seeking licensure or certification by the
Louisiana Department of Health.

(2) In consultation with the Louisiana Department of Health, the state fire marshal
shall develop and promulgate rules in accordance with the Administrative Procedure Act to
implement the provisions of this Subsection. The rules shall be applicable to both public and
private entities.

M. The state fire marshal or his designee shall, as an approved third-party inspector
by the Louisiana Gaming Control Board, have the authority to conduct inspections of a
riverboat landside facility licensed or seeking licensure or certificates of compliance by the
Louisiana Gaming Control Board pursuant to R.S. 27:44.2.

N.(1) The fire marshal or his designee shall have the authority to require the owner
or lessee of a structure that was in existence as of August 1, 2014, and is utilized as a hotel
to install a carbon monoxide alarm system when he determines, as a result of a plan review,
investigation, or inspection, that a carbon monoxide source within or attached to the building
or structure poses a threat of carbon monoxide poisoning. The source of carbon monoxide
may include but not be limited to an attached enclosed garage or fossil-fuel burning
appliance or appliances.

(2) For purposes of this Subsection, the following terms mean:

(a) "Attached enclosed garage" means a structure or portion of a structure without
openings or openings on only one side that is used for the parking or storage of private motor
vehicles.

(b) "Hotel" means a building or structure that was in existence as of August 1, 2014,
which is utilized as a residential occupancy building containing sleeping units where the
occupants are primarily transient in nature, including boarding houses, hotels, and motels.

O. The fire marshal shall take all steps necessary and proper to perform inspections
as required by R.S. 40:2009.25.

*Amended by Acts 1952, No. 340, §1; Acts 1974, No. 232, §1; Acts 1977, No. 348, §1; Acts 1981, No. 781, §1; Acts 1984, No. 231, §1; Acts 1984, No. 421, §1, eff. July 6, 1984; Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1984, No. 410, §1, eff. July 6, 1984; Acts 1990, No. 268, §1; Acts 1990, No. 356, §1; Acts 1991, No. 278, §1; Acts 1991, No. 664, §1; Acts 1995, No. 1054, §2, eff. Aug. 1, 1995; Acts 1997, No. 954, §1; Acts 1999, No. 173, §1, eff. June 9, 1999; Acts 2001, No. 393, §1, eff. June 13, 2001; Acts 2003, No. 414, §1; Acts 2003, No. 426, §1; Acts 2009, No. 130, §1; Acts 2012, No. 745, §1, eff. June 12, 2012; Acts 2014, No. 277, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2016, No. 157, §1; Acts 2019, No. 214, §1; Acts 2022, No. 231, §3; Acts 2022, No. 597, §1, eff. June 18, 2022; Acts 2023, No. 126, §2.*

##### **§ 40:1563.1** Authority to make arrests and carry firearms; arson task force {#sec-40-1563.1 omnilex-key=us-la-statutes--rs-title-40--40:1563.1}

A. The fire marshal, the first assistant fire marshal, each deputy fire marshal,
certified local authorities, and state or municipal arson investigators, while engaged in the
performance of their duties as such, shall have the authority to investigate and cause the
arrest of individuals suspected of having violated the following criminal laws:

(1) R.S. 14:51, aggravated arson.

(2) R.S. 14:52, simple arson.

(3) R.S. 14:52.1, simple arson of a religious building.

(4) R.S. 14:53, arson with intent to defraud.

(5) R.S. 14:54, placing combustible material.

(6) R.S. 14:54.1, communicating false information of planned arson.

(7) R.S. 14:54.2, manufacture and possession of delayed action incendiary devices.

(8) R.S. 14:54.3, manufacture and possession of a bomb.

(9) R.S. 14:54.5, fake explosive devices.

(10) R.S. 14:59(A)(2), criminal mischief relating to the giving of any false alarm of
fire.

(11) R.S. 14:204, fire-raising on lands of another by criminal negligence.

(12) R.S. 14:205, fire-raising on lands of another with malice.

(13) R.S. 14:206, fire prevention interference.

(14) R.S. 14:327, obstructing a fireman.

(15) R.S. 22:1924, insurance fraud.

(16) R.S. 22:1925, insurance fraud.

(17) R.S. 14.51.1, injury by arson.

(18) R.S. 15:562.5, failure to register.

(19) R.S. 40:1621, violation of fire marshal's orders. This Paragraph shall be limited
to fire marshal orders related to activities or instances determined by the fire marshal to pose
an immediate danger to life.

(20) R.S. 14:206.1, engaging in life safety and property protection contracting
without authority.

(21) Any other criminal laws making unlawful an attempt or conspiracy to commit
the foregoing offenses.

B. The officials enumerated in this Section shall also have the power to seize
contraband subject to forfeiture as described in R.S. 14:54.4, in accordance with the
procedure established in that provision.

C. The fire marshal, the first assistant fire marshal, and each deputy fire marshal shall
have the authority to investigate and cause the arrest of any person suspected of having
committed any offense connected to the investigation of any of the offenses enumerated in
Subsection A of this Section, or connected to the investigation of a burn injury report
submitted to the office of state fire marshal in accordance with R.S. 14:403.4.

D. The fire marshal shall issue a commission to any state arson investigator who
qualifies as P.O.S.T. certified to carry firearms allowing him to carry and use firearms and
to arrest individuals suspected of violating the crimes enumerated in this Section.

E. The governing authority of a political subdivision may authorize the chief of each
fire protection district, each fire department, and each volunteer fire department which is
within that political subdivision to issue a commission to any local arson investigator
allowing him to carry and use firearms and to arrest individuals suspected of violating crimes
enumerated in this Section. The issuance of a commission pursuant to this Subsection, the
powers granted by those commissions, and the use of firearms by the persons to whom those
commissions are issued shall be subject to all of the following provisions:

(1) The chief of each fire protection district, each fire department, and each volunteer
fire department who issues a commission to a local arson investigator may require that the
local arson investigator be certified by the Council on Peace Officer Standards and Training
or be qualified by the Council on Peace Officer Standards and Training, or both.

(2) The chief of each fire protection district, each fire department, and each volunteer
fire department who requires that local arson investigators to whom that chief issues
commissions be P.O.S.T. certified or P.O.S.T. qualified, or both, shall pay the cost of
providing to those local arson investigators the training necessary to obtain the P.O.S.T.
certification or the P.O.S.T. qualification, or both.

(3) Local arson investigators who are required by their chief to be P.O.S.T. certified
or P.O.S.T. qualified, or both, are specifically authorized to attend any school or training
course which is operated by a commercial entity or which is operated by a public agency and
which is open to peace officers from more than one law enforcement agency. Each person
or agency operating a school or a training course which is attended by local arson
investigators shall award the appropriate document or documents to each local arson
investigator who successfully completes the requirements for P.O.S.T. certification or for
P.O.S.T. qualification, or both. The Louisiana Commission on Law Enforcement and
Administration of Criminal Justice and the Council on Peace Officer Standards and Training
shall make the provisions which are necessary to enable local arson investigators to attend
the required schools and training courses and for those local arson investigators who
successfully complete the requirements for P.O.S.T. certification or P.O.S.T. qualification,
or for both, to receive the appropriate documents to demonstrate the P.O.S.T. certification
or P.O.S.T. qualification, or both.

(4) Possession of a P.O.S.T. certification or P.O.S.T. qualification, or both, by a local
arson investigator shall not grant to that local arson investigator any authority other than the
authority granted by a commission issued pursuant to this Subsection.

(5) The authority granted by a commission which is issued under the provisions of
this Subsection shall be limited to the powers, functions, duties, and responsibilities which
are set forth for local arson investigators in this Section. A commission which is issued
under the provisions of this Subsection shall not grant any authority other than the powers,
functions, duties, and responsibilities which are set forth for local arson investigators in this
Section.

(6) The authority to carry and use firearms which is granted to local arson
investigators by a commission which is issued under the provisions of this Subsection is
limited to the power to carry weapons while acting in the course and scope of their duties as
local arson investigators. Local arson investigators may carry concealed weapons while
acting in the course and scope of their duties, and the provisions of R.S. 14:95 shall not apply
to local arson investigators who carry concealed weapons while acting in the course and
scope of their duties.

F. The fire marshal shall have the authority to commission local certified arson
investigators to serve on a multi-jurisdictional arson task force operated by the fire marshal.
The fire marshal shall have the power to promulgate rules and regulations to accomplish the
operations and functions of the task force and to issue orders for the enforcement of such
rules and regulations.

*Added by Acts 1970, No. 539, §1. Amended by Acts 1974, No. 233, §1; Acts 1981, No. 841, §1; Acts 1997, No. 973, §1; Acts 1997, No. 973, §1; Acts 1999, No. 173, §1, eff. June 9, 1999; Acts 2003, No. 737, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2009, No. 130, §1; Acts 2010, No. 972, §2; Acts 2013, No. 190, §1; Acts 2014, No. 791, §14; Acts 2014, No. 820, §1; Acts 2017, No. 170, §2.*

##### **§ 40:1563.2** Inspection of family child care providers; inspection fees {#sec-40-1563.2 omnilex-key=us-la-statutes--rs-title-40--40:1563.2}

A. The state fire marshal or his designee shall inspect family child care providers as
defined in R.S. 17:407.62.

B.(1) The state fire marshal shall collect a fee for all required inspections pursuant
to R.S. 17:407.66. The state fire marshal shall not collect any other fees for the inspections,
and all fees collected shall be used to employ personnel to perform the inspections and audits
and to implement and maintain supportive technologies.

(2) All inspections shall be conducted on an annual basis.

(3) The inspections shall assure that the family child care provider meets the
minimum requirements set forth by the Department of Children and Family Services and the
Department of Education.

C. All fees collected by the office of state fire marshal for these inspections shall be
deposited immediately upon receipt into the state treasury.

*Acts 1986, No. 616, §1, eff. July 1, 1986; Acts 1992, No. 984, §18; Acts 1997, No. 1187, §2; Acts 1999, No. 558, §§1 and 2; Acts 2022, No. 585, §2.*

##### **§ 40:1563.3** Restriction on the use of the titles "fire marshal" and "deputy fire marshal" {#sec-40-1563.3 omnilex-key=us-la-statutes--rs-title-40--40:1563.3}

No employee of any department, division, or agency of the state or any municipality, parish, or other political subdivision of the state except employees of the office of state fire marshal, code enforcement and building safety, Department of Public Safety and Corrections, shall use or allow to be used the title of "fire marshal" or "deputy fire marshal".

*Acts 1989, No. 181, §1; Acts 1997, No. 1187, §2.*

##### **§ 40:1563.4** Imposition of civil penalties by the state fire marshal for violations {#sec-40-1563.4 omnilex-key=us-la-statutes--rs-title-40--40:1563.4}

A. The state fire marshal, in addition to any other provision of law providing penalties for violations, may impose a civil fine of up to one thousand dollars, for violation of any statute, rule promulgated through the Administrative Procedure Act, regulation, or code for which he is responsible for enforcing or any lawful order issued by him in writing and only after deadlines imposed in the order have expired. Where applicable, each day of violation shall constitute a separate violation. The state fire marshal shall, in accordance with the Administrative Procedure Act, promulgate a schedule of fines to be applicable to each area of enforcement responsibility.

B. All such penalties imposed may be appealed in accordance with the provisions of the Administrative Procedure Act.

C. All monies collected pursuant to a fine imposed under this Section shall be made payable to the office of state fire marshal, code enforcement and building safety and shall be deposited immediately upon receipt into the state treasury.

*Acts 1991, No. 956, §1; Acts 1997, No. 789, §1.*

##### **§ 40:1563.5** Inspection fees {#sec-40-1563.5 omnilex-key=us-la-statutes--rs-title-40--40:1563.5}

The state fire marshal may charge inspection fees pursuant to R.S. 23:537 and 541,
R.S. 27:44.2, and R.S. 51:911.22, 911.28, and 911.32.

*Acts 1993, No. 687, §2; Acts 2023, No. 126, §2.*

##### **§ 40:1564** Cost of performing functions {#sec-40-1564 omnilex-key=us-la-statutes--rs-title-40--40:1564}

The cost of performing the functions assigned to the fire marshal under the provisions of this part shall be borne by the fire marshal fund in the state treasury, created by R.S. 22:835 and with other such funds as may be appropriated by the legislature for such purposes.

*Amended by Acts 1968, No. 418, §1; Acts 1974, No. 234, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.*

##### **§ 40:1565** Account of money; audit {#sec-40-1565 omnilex-key=us-la-statutes--rs-title-40--40:1565}

The fire marshal shall keep an accurate account of all money received and disbursed by him under the provisions of this part and shall include a statement thereof in his annual report.

The legislative auditor or other appropriate officer shall annually audit the transaction of the fire marshal's office.

*Amended by Acts 1974, No. 234, §1.*

##### **§ 40:1566** Investigation of fires; reports; records of fires {#sec-40-1566 omnilex-key=us-la-statutes--rs-title-40--40:1566}

Under the direction of the fire marshal, the chief of the fire department in each municipality where a fire department is established, the chief officer of each special fire protection district created under Part I of this chapter, the town marshal of towns and villages which have no fire department, or the sheriff of each parish, insofar as the territory outside the limits of any incorporated municipality or of any special fire protection district is concerned, shall investigate the cause, origin, and circumstances of every fire occurring within their respective jurisdictions. This investigation shall specifically determine, insofar as possible, the cause of and circumstances surrounding the fire. The investigation shall be made at the earliest possible time following the start of the fire. The officer making the investigation shall immediately notify the fire marshal if the circumstances indicate that the possible cause of the fire is human design or criminal neglect. Upon receiving such a report of possible arson or fire caused by design or criminal neglect, the fire marshal shall assign one or more deputies to direct the investigation.

Local officers making investigations hereunder shall transmit monthly a written statement of all facts relating to the cause and the origin of the fire, the kind, value, and ownership of the property destroyed or damaged, the amount of insurance which may have been in force upon the property at the time of the fire, and any other information called for by the fire marshal.

The fire marshal shall keep in his office a record of each fire occurring in the state, together with all facts, statistics, and circumstances thereof, including the origin of the fire, that have been determined by the investigations provided for in this section or otherwise.

*Amended by Acts 1974, No. 235, §1.*

##### **§ 40:1566.1** Fire safety inspection {#sec-40-1566.1 omnilex-key=us-la-statutes--rs-title-40--40:1566.1}

When the fire marshal directs the inspection of a building and the marshal or his authorized agent is refused permission to conduct such inspection, the marshal or his authorized agent may petition the local district court to order that he be allowed to make such inspection. This order shall be granted immediately where the fire marshal demonstrates an immediate need to inspect the premises to guarantee the safety and welfare of the public from any possible hazards. The owner and/or leasee shall be served with a petition to show cause why the inspection should not be conducted.

*Added by Acts 1976, No. 380, §1.*

##### **§ 40:1567** Fire departments; fire department identification number; fire reports {#sec-40-1567 omnilex-key=us-la-statutes--rs-title-40--40:1567}

A.(1)(a) Every municipal fire department, fire protection district, and volunteer fire
department, as recognized by its local governing authority, shall obtain a fire department
identification (FDID) number from the state fire marshal.

(b) If an individual, organization, or other entity is not recognized by the local
governing authority to conduct traditional fire department-related activities, the state fire
marshal shall not issue the organization an FDID number.

(c) Any individual, organization, or other entity engaged in traditional fire
department activities without an FDID number shall be in violation of R.S. 14:112.2.

(2) For purposes of this Subsection, "traditional fire department-related activities"
includes firefighting, fire prevention, fire investigation, fire protection, and emergency duties
and services.

B. Organizations which have been issued an FDID number shall submit structural
fire reports electronically pursuant to the standards set by the state fire marshal.

C. Annual implementation of the standards prescribed by the fire marshal regarding
the fires which require investigation or inspection reports and the content of those reports
shall be subject to review by the board of review established by R.S. 40:1578.1.

*Amended by Acts 1974, No. 235, §1; Acts 1978, No. 679, §1; Acts 1982, No. 28, §1; Acts 2014, No. 158, §§3 and 7; Acts 2019, No. 11, §1.*

##### **§ 40:1567.1** Fees for copies of fire and investigation reports {#sec-40-1567.1 omnilex-key=us-la-statutes--rs-title-40--40:1567.1}

The fire marshal shall furnish copies of fire and investigation reports to any person upon the payment of two dollars per page for fire reports and other reports on letter size paper and five dollars per page for investigation reports and other reports on legal size paper.

*Added by Acts 1977, No. 524, §1, eff. July 19, 1977.*

##### **§ 40:1568** Special investigations of fires of suspicious origin {#sec-40-1568 omnilex-key=us-la-statutes--rs-title-40--40:1568}

A. The fire marshal shall make or cause to be made a special examination of the circumstances surrounding each fire of suspicious origin and of any fire reported to have been caused by design.

B. In the performance of this duty, the fire marshal or his authorized representative may take or cause to be taken testimony from persons supposed to be cognizant of any fact which may relate to the cause of any fire. To this end, he may secure testimony under oath and have it reduced to writing. In the furtherance of this investigation, the fire marshal or his authorized representative has the power to issue subpoenas and subpoenas duces tecum to compel the testimony of witnesses and the production of documents, papers, books, records, and other evidence, and to administer oaths and affirmations to those persons subpoenaed. Any fire marshal employee shall serve any subpoena or subpoena duces tecum directed to him by the fire marshal or his authorized representative.

C. If, after this investigation, the fire marshal or his authorized representative is of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall have the person arrested and so charged and shall furnish to the district attorney of the judicial district in which the fire occurred all the evidence, together with the names of the witnesses and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case.

D.(1) If any person refuses to obey any such subpoena, to give testimony, or to produce evidence as required thereby, any judge of the district court for the parish of East Baton Rouge may, upon ex parte application and proof of such refusal, make an order awarding process of subpoena or subpoena duces tecum out of the district court for the witness to appear before the fire marshal or his authorized representative and to give testimony and to produce evidence. Upon filing such order in the office of the clerk of the district court, the clerk shall issue process of subpoena, as directed under the seal of the court requiring the person to whom it is directed, to appear at the time and place therein designated.

(2) If any person served with any such subpoena refuses to obey the order and to give testimony and to produce evidence as required by the order, the fire marshal or his authorized representative may apply to any judge of the district court for an attachment against such person for contempt. The judge, upon satisfactory proof of such refusal, may issue an attachment, directed to any sheriff, constable, or law enforcement officer, for the arrest of such person and, upon his being brought before such judge, proceed to a hearing on the matter. The judge shall have the power to enforce obedience to such subpoena, the answering of any question, and the production of any evidence that may be proper, by a fine not exceeding one hundred dollars, by imprisonment, or by both fine and imprisonment, and to compel such witness to pay the costs of such proceeding.

(3) Proceedings held pursuant to the provisions of this Subsection shall be summary in nature.

(4) Any violation of a subpoena issued by the clerk or of any order issued by the judge may be punishable by the judge as contempt.

*Amended by Acts 1952, No. 340, §2; Acts 1974, No. 235, §1; Acts 1999, No. 173, §1, eff. June 9, 1999; Acts 2010, No. 822, §1.*

##### **§ 40:1568.1** Investigation {#sec-40-1568.1 omnilex-key=us-la-statutes--rs-title-40--40:1568.1}

The fire marshal shall order a special investigation of any fire resulting in any human death within this state.

*Acts 1974, No. 235, §2; Acts 2003, No. 290, §1.*

##### **§ 40:1568.2** Investigation of fires; duty to disclose by insurance companies, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association and the Louisiana Insurance Underwriting Association; protection from liability {#sec-40-1568.2 omnilex-key=us-la-statutes--rs-title-40--40:1568.2}

A.(1) In the course of an examination of a fire of suspicious origin, conducted pursuant to R.S. 40:1568 or other lawful authority, the fire marshal or his authorized representative or any lawfully constituted law enforcement agency or investigative unit of any lawfully constituted fire department may request any insurance company investigating a loss of immovable or movable property, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association to release any information in its possession relative to that loss.

(2) The company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association shall release the information and cooperate with the investigating officer requesting such information.

(3) The information shall include but is not limited to:

(a) Any insurance policy relevant to a loss under investigation and any application for such a policy.

(b) Policy premium payment records.

(c) History of previous claims made by the insured for fire loss; and

(d) Material relating to the investigation of the loss including statements of any person, proof of loss, and any other relevant evidence.

B. An insurance company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association having reason to believe that a loss to its insured's real or personal property was caused by incendiary means shall notify the fire marshal, and may additionally notify the chief executive officer of a lawfully constituted law enforcement agency or fire department, and furnish him or them with all relevant material acquired during its investigation of the loss, cooperate with and take such action as may be requested of it by any law enforcement agency, and permit any person ordered by a court to inspect any of its records pertaining to its policy and the loss.

C. No person who furnishes information on behalf of an insurance company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association is or shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement or statements made or any other action taken to supply information required pursuant to this Section, and all such insurance companies, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, the Louisiana Insurance Underwriting Association, and persons shall be granted civil and criminal immunity for any such information furnished in good faith in the absence of fraud or malice to the fire marshal or law enforcement agency or fire department during the course of the investigation.

D.(1) Investigating officers and other state officials receiving information furnished pursuant to this Section shall hold the information in confidence until such time as its release is required pursuant to criminal or civil proceedings.

(2) The fire marshal, his authorized representative, or the appropriate law enforcement or fire department officials and personnel may be required to testify as to any information in his or their possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association for the fire loss.

*Added by Acts 1978, No. 488, §1. Acts 1984, No. 226, §1.*

##### **§ 40:1569** Repealed by Acts 1999, No. 173, §2, eff. June 9, 1999. {#sec-40-1569 omnilex-key=us-la-statutes--rs-title-40--40:1569}

*Repealed by Acts 1999, No. 173, §2, eff. June 9, 1999.*

##### **§ 40:1570** Examination of premises; searches and seizures {#sec-40-1570 omnilex-key=us-la-statutes--rs-title-40--40:1570}

The fire marshal or his authorized representative may, at all times of day or night, in the performance of the duties imposed by the provisions of this Part, enter upon and examine any building or premises where any fire has occurred and other buildings or premises adjoining or near thereto. He, or his authorized representative, may make an affidavit before any justice of the peace in the state or any other officer authorized by law to issue search warrants that he believes or has reason to believe that by a search of certain premises, designated in the affidavit, he will obtain evidence tending to show the origin of a fire to have been incendiary. Upon receiving this affidavit, the justice of the peace, or other officer shall issue a warrant authorizing the fire marshal or his representative to search the premises named in the affidavit and designated in the warrant.

##### **§ 40:1571** Investigations may be private {#sec-40-1571 omnilex-key=us-la-statutes--rs-title-40--40:1571}

All investigations held by or under the direction of the fire marshal or his authorized representative may, in his discretion, be private. Persons other than those required to be present by the provisions of this Part may be excluded from the place where the investigation is held.

##### **§ 40:1572** Separation of witnesses {#sec-40-1572 omnilex-key=us-la-statutes--rs-title-40--40:1572}

In investigations held by or under the direction of the fire marshal or his authorized representative, witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.

##### **§ 40:1573** Definitions {#sec-40-1573 omnilex-key=us-la-statutes--rs-title-40--40:1573}

For the purposes of this Part, the term:

(1) "Movable" means any movable facility or enclosure in which fifty or more people may assemble.

(2) "One- or two-family dwelling" means a building containing not more than two dwelling units in which one or each dwelling unit is occupied by members of a single family with not more than three outsiders, if any, accommodated in rented rooms.

(3) "Structure" means any building or structure of any nature or kind whatsoever except the interior of a single private and one- or two-family dwelling as defined by the Louisiana State Uniform Construction Code.

(4) "Watercraft" means any vessel, boat, or other watercraft of any size, nature, or kind except ocean-going vessels, commercial fishing vessels, or coastwise vessels, or private pleasure craft.

*Acts 2003, No. 414, §1; Acts 2008, No. 126, §1; Acts 2009, No. 163, §1.*

##### **§ 40:1573.1** Historic buildings renovation initiative {#sec-40-1573.1 omnilex-key=us-la-statutes--rs-title-40--40:1573.1}

A. In order to encourage historic preservation and the preservation of Louisiana's architectural heritage, when applying the requirements of the adopted fire, life safety, or accessibility regulations and when implementing the applicable provisions of R.S. 40:1574, the state fire marshal shall have the authority to take into consideration the impact of these requirements on the historic integrity of existing facilities.

B. Where it is determined by the state fire marshal that public safety is not jeopardized and a minimum acceptable level of safety is achieved, the state fire marshal shall have the authority to consider alternatives to the specific requirements of the adopted laws, codes, rules, and regulations.

*Acts 1997, No. 961, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:1574** Construction or repair of structures {#sec-40-1574 omnilex-key=us-la-statutes--rs-title-40--40:1574}

A. No structure, watercraft, or movable shall be constructed until building plans and specifications therefor have been submitted to and reviewed by the fire marshal and appear to him to satisfactorily comply with the laws, rules, regulations, and codes of the state.

B. No repair, remodeling, or addition shall be made to any structure, watercraft, or movable affecting the exits, stairs, seating arrangement, fire protection, or other details of construction covered by this Part until plans and specifications therefor have been submitted to and reviewed by the fire marshal and appear to him to satisfactorily comply with the laws, rules, regulations, and codes of the state.

C. If within any twelve month period, alterations or repairs costing in excess of fifty percent of the then physical value of the building are made to an existing building, such building shall be made to conform to the requirements of the code for new construction.

D. Where an entire floor of a facility, building, or structure is substantially renovated, that floor shall be made to conform with the requirements of the code for new construction to such extent as the state fire marshal may determine to be practicably feasible, provided however, and notwithstanding the provisions of R.S. 40:1578.1(A), the board of review shall be the final authority on issues of practical feasibility.

E. Altered elements in existing facilities shall be made to conform to the requirements of the code for new construction to such extent as the state fire marshal may determine is practicably feasible, provided however, and notwithstanding the provisions of R.S. 40:1578.1(A), the board of review shall be the final authority on issues of practical feasibility.

F. The physical value of a building in Subsection C of this Section may be established by an appraisal not more than three years old, provided that said appraisal was performed by a certified appraiser, or by the tax assessor in the parish where the building is located. In the absence of such an appraisal, the physical value of the building in Subsection C of this Section shall be established by the state fire marshal.

G. The cost of alterations or repairs in Subsection C of this Section may be established by an estimate signed by a licensed architect, by a licensed general contractor, or in the absence of either such licensed person, by the state fire marshal.

H. Persons who wish to appeal a decision of the state fire marshal relative to the physical values of buildings or the estimations of the cost of alterations or repairs in Subsection C of this Section may request an opinion from the board of review as provided in R.S. 40:1578.1 through 1578.5.

I. If the occupancy of an existing building is entirely changed, the building shall be made to conform to the requirements of the code for the new occupancy. If the occupancy of only a portion of an existing building is changed, and that portion is properly separated from the remainder, then only such portion need be made to conform.

J. Repairs and alterations, not covered by the preceding Subsections of this Section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of the code will be made in such manner as will not extend or increase an existing nonconformity or hazard.

K. The state fire marshal shall have the authority to take into consideration practical difficulties and unreasonable economic hardships before applying the strict requirements of this Section. In cases of practical difficulty or unreasonable economic hardship, the state fire marshal may upon appeal allow alternative arrangements provided a minimum acceptable level of life safety is achieved to the satisfaction of the state fire marshal.

L. An owner or lessee of a hotel, as defined by R.S. 40:1563(M), or the agent of such owner or lessee, shall declare the presence of a carbon monoxide source or the attachment of a parking garage to the hotel at the time building plans and specifications for the hotel are submitted to the fire marshal for review.

*Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1991, No. 582, §1; Acts 1997, No. 961, §1; Acts 2014, No. 277, §1.*

##### **§ 40:1574.1** Costs of handling plans {#sec-40-1574.1 omnilex-key=us-la-statutes--rs-title-40--40:1574.1}

A. In addition to a postage and handling fee of five dollars, the owner of the project who submits the plans and specifications shall pay to the office of state fire marshal, code enforcement and building safety a plan review or document fee based on the following schedule:

(1)

Assembly occupancy

Area in square feet

Fee

0 - 2500

$

30.00

2501 - 4500

60.00

4501 - 10,000

180.00

10,001 - 50,000

280.00

50,001 - 100,000

380.00

100,001+

530.00

(2)

Educational

Area in square feet

Fee

0 - 5,000

$

30.00

5001 - 10,000

60.00

10,001 - 30,000

100.00

30,001 - 80,000

200.00

80,001 - 150,000

300.00

150,001+

400.00

(3)

Health care/detention

(a) Area in square feet

Fee

0 - 10,000

$

180.00

10,001 - 20,000

280.00

20,001 - 50,000

380.00

50,001 - 100,000

480.00

100,001+

680.00

(b) High rise (all new)

830.00

(4)

Hotels, dormitories, apartments, lodgings,

rooming houses, residential & board

care facilities

(a) Area in square feet

Fee

0 - 2500

$

30.00

2501 - 10,000

60.00

10,001 - 30,000

180.00

30,001 - 80,000

280.00

80,001 - 150,000

380.00

150,001+

480.00

(b) High rise (all new)

680.00

(5)

Mercantile/business

(a) Area in square feet

Fee

0 - 3000

$

30.00

3001 - 10,000

60.00

10,001 - 30,000

90.00

30,001 - 50,000

150.00

50,001 - 150,000

200.00

150,001+

300.00

(b) High rise (all new)

500.00

(6)

Industrial, storage, special structures

Area in square feet

Fee

0 - 10,000

$

30.00

10,001 - 20,000

60.00

20,001 - 50,000

90.00

50,001 - 100,000

120.00

100,001+

200.00

(7)

Storage tank (tank installation only)

Single tank

$

50.00

Plus $30.00 for each additional tank

(8)

Sprinkler systems

(a)

Number of sprinkler heads per floor

(Tenant spaces submitted separately are

considered a floor for fee purposes)

1 - 50

$

30.00

51 - 300

60.00

301 - 450

120.00

451+

150.00

(b)

Hydraulic calculations

40.00

(c)

20 head or less shop drawing

exemption request

10.00

(9)

Fire suppression systems, other than

sprinkler systems

(a)

Number of devices

0 - 10

$

30.00

11 - 25

60.00

26 - 50

120.00

51 - 75

180.00

76 - 100

200.00

101+

300.00

(b)

Calculations

40.00

(10)

Fire detection and alarm systems

Number of devices

Fee

(Tenant spaces submitted separately are

considered a floor for fee purposes)

0 - 25

$

50.00

26 - 50

80.00

51 - 75

110.00

76 - 100

140.00

101+

140.00

Plus $30.00 for each additional 25 devices above 101

(11)

Exemptions/Go-to-Work Requests

(industrial plant temporary trailers/modulars,

nonrequired/nonconforming fire protection

system requests, architectural modifications)

Per request

$

20.00

(12)(a) Facsimile transmissions and record requests

Fee

Paper copies per page

$

2.00

Fax per page

4.00

Electronic copies (per floppy diskette)

25.00

Database report (plus $100.00 per every

1000 records)

500.00

(b)

However, postage and handling fees

shall not apply to exemption requests and

facsimile transmissions.

(13)

Appeal requests

Fee

(a)

Accessibility

$

25.00

(b)

Life safety/fire code appeals:

(i)

Smoke control reviews ($50.00 for

resubmission)

100.00

(ii)

Timed egress ($50.00 for resubmission)

100.00

(iii)

Other appeals ($50.00 for resubmission)

100.00

(14)

The fee for performance-based reviews shall be

twice the amount of the review fees imposed by

this Subsection, plus an additional fee of $100.00

($50.00 for resubmission) for smoke control reviews

and timed egress.

B.(1) In order to comply with the requirements of R.S. 40:1574, only one set of plans shall be submitted to the state fire marshal for review.

(2) When the plans are reviewed by the office of state fire marshal, code enforcement and building safety, the original set of plans properly stamped "Reviewed" by the state fire marshal shall be retained by the contractor for the construction, renovation, or remodeling for the project in question as long as the structure, watercraft, or movable is in the process of construction, renovation, or remodeling.

(3) Upon final completion of the project the contractor shall turn the plans over to the owner.

(4)(a) The state fire marshal shall furnish to the parties submitting the plans which appear to him to satisfactorily comply with the laws, rules, regulations, and codes of the state and the regulations of the state fire marshal the original set of plans, blueprints, or both stamped reviewed along with a letter which shall state that the plans appear to him to satisfactorily comply with the laws, rules, regulations, and codes of the state and the regulations of the fire marshal.

(b) This letter from the fire marshal stating that the plans and specifications for the construction, renovation, or remodeling for the project in question appear to satisfactorily comply with the laws, rules, regulations, and codes of the state, in no way permits and authorizes any omission or deviation from those laws, rules, regulations, and codes so that in no way does this review procedure permit, authorize, or otherwise increase or incur any liability by the state for failure to recognize and point out any such omission or deviation in those requirements.

(c) The letter and reviewed plans of the fire marshal shall be kept at the site of the project for inspection by the fire marshal or his deputies for as long as the structure, watercraft, or movable is in the process of construction, renovation, or remodeling.

(5) The office of state fire marshal, code enforcement and building safety shall no longer retain any copy of the reviewed plans or blueprints and is hereby authorized to destroy all such plans and blueprints currently in the archives of the state fire marshal after one year has passed from the effective date of this Section.

(6) The owners of all structures, watercraft, and movables shall retain blueprints including the original building plans and specifications which have been stamped "Reviewed" by the state fire marshal in a safe place for as long as the structure, watercraft, or movable is occupied, used, or both.

C.(1) In the event that plans do not appear to the fire marshal to satisfactorily comply with the laws, regulations, and codes of Louisiana and the regulations of the state fire marshal, the state fire marshal shall furnish a letter to the party submitting the plans which shall list the particular requirements of the state fire marshal which must be met before the plans can be stamped "Reviewed" and before construction or renovation or remodeling can begin. However, where plans for projects are submitted in violation of R.S. 37:155(A)(4), no list of requirements shall be provided.

(2) Review of the plans submitted constitutes compliance with this Section if construction begins within one hundred eighty days of the review.

(3) State and local political subdivisions shall be exempt from the payment of all other charges provided herein, for the first submission only. Thereafter, for all subsequent submissions, state and local political subdivisions shall pay the required fees.

D. All fees collected pursuant to Subsection A of this Section shall be used exclusively for the maintenance and operation of the planning review section of the office of the state fire marshal, code enforcement and building safety.

*Added by Acts 1977, No. 507, §1. Amended by Acts 1979, No. 493, §1; Acts 1982, No. 210, §1, eff. July 15, 1982; Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1986, No. 386, §1, eff. July 2, 1986; Acts 1986, No. 294, §1, eff. June 30, 1986; Acts 1988, No. 423, §1; Acts 1990, No. 371, §1; Acts 1997, No. 964, §1; Acts 1997, No. 1187, §2; Acts 2000, 1st Ex. Sess., No. 89, §1; Acts 2009, No. 130, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:1575** Inspection of premises; orders for repair or removal of dangerous conditions {#sec-40-1575 omnilex-key=us-la-statutes--rs-title-40--40:1575}

A. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any structure, watercraft, or movable within the state except the interiors of private and one- or two-family dwellings.

B. Whenever the inspecting officer finds any such structure, watercraft, or movable, which, for any cause, is especially liable to fire or dangerous to life or which is so situated as to endanger other property or the occupants thereof, he shall order the dangerous materials removed, the condition of the premises remedied, or the premises razed. The occupant of the structure, watercraft, or movable shall not permit it to be used until the fire marshal certifies that the hazardous conditions have been eliminated.

C. Among the causes which render a structure, watercraft, or movable especially liable to fire or dangerous to life are the following:

(1) Want of repairs.

(2) Age or deteriorated condition.

(3) Lack of sufficient fire alarm or fire extinguishing apparatus.

(4) Lack of adequate means of ingress and egress.

(5) Lack of adequate, unrestricted passageways to the entrances and exits.

(6) Presence of combustible, explosive, or inflammable material.

*Amended by Acts 1952, No. 340, §5; Acts 2003, No. 414, §1.*

##### **§ 40:1576** Service of order {#sec-40-1576 omnilex-key=us-la-statutes--rs-title-40--40:1576}

Any order for removal or remedying issued pursuant to R.S. 40:1575 may be served upon the occupant of the premises to which it is directed by delivering a copy to the occupant personally or by registered or certified mail, or to any person in charge of the premises. If no person is found upon the premises, the order may be served by affixing a copy thereof in a conspicuous place on the door at the entrance to the premises. Whenever it is necessary to serve an order upon the owner of the premises, it may be served either by delivering a copy to the person as herein provided or, if the owner is absent from the jurisdiction of the officer making the order, by mailing the copy to the owner's last known post office address.

*Amended by Acts 1968, No. 418, §1.*

##### **§ 40:1577** Appeal from order {#sec-40-1577 omnilex-key=us-la-statutes--rs-title-40--40:1577}

When an order is made by one of the deputies or representatives of the fire marshal, the owner or occupant of the building or premises may, within three days, appeal to the fire marshal. The fire marshal shall, within five days, review the order and advise the owner or occupant of his decision thereon. The owner or occupant may, within five days after the making or affirming of any such order of the fire marshal, file an application with the board of review as provided in R.S. 40:1578.1 in accordance with the regulations promulgated for application by that board, praying for a review of the order or such other relief as is provided by law. The board of review shall render its decision within five calendar days, excluding Saturdays, Sundays, and legal holidays, of the review of the order. If, and only if, the order of the fire marshal is not appealable to the fire marshal board of review under R.S. 40:1578.1, within the time period set forth in this Section, the owner or occupant may file his petition with the district court of the district in which the premises or building affected by the orders is situated, praying for a review of the order or such other relief as is provided by law.

*Amended by Acts 1982, No. 336, §1.*

##### **§ 40:1578** Compliance with order {#sec-40-1578 omnilex-key=us-la-statutes--rs-title-40--40:1578}

If no review is requested of or an appeal taken from an order of the fire marshal or an authorized representative, the order shall be complied with immediately, or within the period specified in the order, by the owner or occupant of the premises or building.

If an appeal is taken or a review petitioned for, pursuant to the provisions of R.S. 40:1577, the order, unless revoked, shall be complied with, as last modified, after it becomes final, either immediately or, if a time is specified, within the period specified in the order, or in the decision of the fire marshal, or in the decision of the court, as the case may be.

##### **§ 40:1578.1** Board of review {#sec-40-1578.1 omnilex-key=us-la-statutes--rs-title-40--40:1578.1}

A. A board of review shall be established to evaluate alternatives to fire
prevention or protection laws and regulations established by the fire marshal
when a request of review is properly submitted. The board of review shall not
have the power to waive fire prevention and protection requirements, but shall
determine whether the suggested alternative provides equivalent or better
protection within the context of the intent of the law. The board of review
shall be composed of the following membership:

(1) One chief of a fire department which is predominantly volunteer;

(2) One chief of a fire department with predominantly full-time
personnel;

(3) One registered architect;

(4) One registered engineer;

(5) One individual representing building owners-managers interests;

(6) One individual representing mercantile-industrial interests;

(7) One representative of the Louisiana Rating and Fire Prevention
bureau selected by the bureau;

(8) Two individuals to represent the general public who have no vested
interests directly or indirectly in the construction industry, or the ownership or
management of commercial buildings; and

(9) One representative of the fire marshal's office, ex officio and non
voting selected by the fire marshal;

(10) The fire marshal, ex officio and non voting.

Those members designated in Paragraphs 1 through 6 shall be appointed by the
governor for a term of four years. A voting member of the board shall be
elected by its membership as chairman for a term of one year.

B. Five members of the board shall constitute a quorum. No board
member shall act in any case in which he has a personal pecuniary interest.

C. A complete record shall be made of all proceedings before the board
including a complete verbatim transcript of all testimony; upon appeal of a
decision of the board or the fire marshal after review to a court of competent
jurisdiction, the record made of the proceeding before the board shall be the
only record allowed in the appeal to the court which shall not try the matter de
novo but only as an appeal. All decisions shall include reasons for the
decisions. The vote of each member participating shall be recorded.

D. The board shall establish rules and regulations for its own
procedures not inconsistent with the provisions of this part of the
Administrative Procedure Act, R.S. 49:950 et seq. The board shall meet at
regular intervals to be determined by the chairman, or in any event, the board
shall meet within ten days after notice of review has been received. The board
shall issue a decision within a period of twenty days after the board meets on
such matter.

E. Members of the board who are not ex officio members shall receive
a per diem of fifty dollars per day plus actual and reasonable expenses incurred
in the performance of the duties imposed upon them by the provisions of this
Act.

F. In order to stagger terms of the board membership, the chiefs of the
volunteer and full paid fire departments shall originally be appointed for a
period of one year; the registered engineer and architect for two years; and the
owners-managers member and mercantile industrial member for three years.
Thereafter, all members shall serve a term of four years.

*Added by Acts 1974, No. 236, §1.*

##### **§ 40:1578.2** Appeal to board {#sec-40-1578.2 omnilex-key=us-la-statutes--rs-title-40--40:1578.2}

If an order of the fire marshal issued pursuant to R.S. 40:1578.6 or R.S. 40:1615.14^1^ is appealed to the board of review, except as is provided in R.S. 40:1578.3, the order shall be suspended without posting of security until such time as the board renders a final decision.

Added by Acts 1974, No. 236, §1.

^1^House Bill No. 295 and Senate Bill No. 127 of the 1974 regular session of the Legislature adding R.S. 40:1615.1 through 40:1615.14 failed to be adopted.

##### **§ 40:1578.3** Emergency closure during appeal {#sec-40-1578.3 omnilex-key=us-la-statutes--rs-title-40--40:1578.3}

The fire marshal may bring a summary proceeding in accordance with the provisions of Code of Civil Procedure Articles 2591 through 2596 in the district court which has jurisdiction over the structure or movable to require closure of such during the pendency of proceedings before the board of review or after the board renders a final decision. The court shall order such immediate closure if it finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to such effect in its order. These proceedings shall be promptly instituted and determined.

*Added by Acts 1974, No. 236, §1.*

##### **§ 40:1578.4** If no appeal taken {#sec-40-1578.4 omnilex-key=us-la-statutes--rs-title-40--40:1578.4}

If an order appealable to the board of review is issued and appeal is not taken, the owner or occupant must comply with the order within such time as is set in the discretion of the fire marshal after all necessary delays for appeal have expired.

*Added by Acts 1974, No. 236, §1.*

##### **§ 40:1578.5** Appeals from decision of board of review {#sec-40-1578.5 omnilex-key=us-la-statutes--rs-title-40--40:1578.5}

Any interested person may appeal a decision of the board of review as provided in R.S. 40:1578.1 to a court of competent jurisdiction within five days of the rendering of the decision of the board of review.

*Added by Acts 1974, No. 236, §1.*

##### **§ 40:1578.6** Louisiana State Uniform Construction Code; applicability to structures; minimum standards; existing hazardous buildings; appeal {#sec-40-1578.6 omnilex-key=us-la-statutes--rs-title-40--40:1578.6}

A. Adequate protection for life safety shall be afforded in every structure or
movable as those terms are defined in R.S. 40:1573. To afford such protection, all
newly constructed structures and movables shall comply with the rules and
regulations to be promulgated by the Louisiana Uniform Construction Code
Commission in conformity with the Administrative Procedure Act which shall
establish as minimum standards the provisions of the Louisiana State Uniform
Construction Code as applicable to structures, including high rise buildings, as both
are periodically amended, and the fire marshal shall be the authority having
jurisdiction to enforce compliance with the fire protection, egress, and accessibility
provisions of such regulations.

B. In addition to the provisions of Subsection A of this Section, the facilities
provided for in R.S. 40:1563(C)(4) shall comply with the provisions of the Life
Safety Code of the National Fire Protection Association as promulgated by the fire
marshal in conformity with the Administrative Procedure Act.

C. A parish or municipality which, prior to January 1, 1975, had adopted and
is enforcing a nationally recognized model building code or fire prevention code or
a code equal to a nationally recognized building code or fire prevention code may
continue to enforce such codes in place of the codes required in the paragraph above;
however, such codes shall contain requirements that are substantially equal to the fire
marshal's code with respect to high rise buildings, mandatory automatic sprinkler and
extinguishment systems, and fire detection systems.

D.(1) This Section shall not apply to existing buildings, except as provided
for by R.S. 40:1641 et seq., which were lawfully constructed and maintained unless
the fire marshal deems that a serious life hazard exists due to a particular condition,
at which time the fire marshal can require the institution of proper fire protection
measures to alleviate the particular hazards noted according to either of the
following:

(a) The chapter on existing buildings of the 2015 edition of the N.F.P.A. Life
Safety Code for facilities pursuant to R.S. 40:1563(C)(4) and structures that are
permitted for construction prior to January 1, 2026.

(b) The International Code Council's International Existing Building Code
as adopted by the Louisiana Uniform Construction Code Commission in accordance
with R.S. 40:1730.28 for structures that are permitted for construction on or after
January 1, 2026.

(2) Such directives of the fire marshal may be appealed to the board of
review.

(3) "Lawfully constructed and maintained" as used in this Subsection means
in conformance with the laws, codes, rules, and regulations in force at the time of
original construction.

*Added by Acts 1974, No. 656, §1, eff. Jan. 1, 1975. Amended by Acts 1979, No. 495, §2, eff. July 13, 1979; Acts 1985, No. 987, §1; Acts 1988, No. 422, §1; Acts 1995, No. 353, §1; Acts 1997, No. 343, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1578.7** State Uniform Fire Prevention Code {#sec-40-1578.7 omnilex-key=us-la-statutes--rs-title-40--40:1578.7}

A. It is hereby found and declared by the legislature that the protection of life and
property will be enhanced by adoption of the National Fire Prevention Code, as it is
published by the National Fire Protection Association, or the International Fire Code, as it
is published by the International Code Council.

B. The National Fire Prevention Code, known as NFPA 1, or the International Fire
Code, known as the IFC, is hereby adopted as the State Uniform Fire Prevention Code.

C. If a fire prevention code is adopted by any political subdivision of the state, it shall
adopt the State Uniform Fire Prevention Code.

D. Nothing in this Section shall be construed to prevent the state fire marshal from
enforcing the fire protection, egress, and accessibility provisions of the Louisiana State
Uniform Construction Code, excluding the provisions for one- and two-family dwellings, as
adopted by the Louisiana Uniform Code Commission in accordance with R.S. 40:1730.28,
nor any other laws of the state, the enforcement of which are his statutory and regulatory
responsibility.

E. The state fire marshal shall have the power and authority to promulgate those rules
and regulations as may be necessary to incorporate or adopt any subsequent amendments or
additions to the State Uniform Fire Prevention Code to conform to NFPA 1 or the IFC, as
they are subsequently amended or issued as a new edition by the National Fire Protection
Association or by the International Code Council.

F. If the governing authority of any municipality or parish finds that the State
Uniform Fire Prevention Code does not meet its minimum needs, that local governing
authority may provide more stringent requirements than those specified in the State Uniform
Fire Prevention Code when such requirements are based upon local climatic, geologic,
topographic, or public safety factors after prior review and approval by the state fire marshal
to ensure that such variances achieve equivalent or enhanced levels of protection as the State
Uniform Fire Prevention Code.

G. Nothing contained in this Section shall be construed as requiring any political
subdivision to establish an office or any other kind of governmental unit in order to enforce
provisions of the State Uniform Fire Prevention Code.

H. Nothing contained in this Section shall be construed as imposing any new or
additional requirements upon any petroleum refining or chemical manufacturing facility
which is subject to the United States Occupational Safety and Health Administration Hazard
Communication Standard, 29 CFR 1910.1200.

I. The provisions of this Section shall not apply to any political subdivision that has
adopted a model fire prevention code as of July 9, 1999, including review and approval by
the state fire marshal of any future amendments, additions, or new editions of the model fire
prevention code adopted by the political subdivision.

*Acts 1999, No. 1137, §1, eff. July 9, 1999; Acts 2008, No. 126, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1579** Ingress by firemen {#sec-40-1579 omnilex-key=us-la-statutes--rs-title-40--40:1579}

For ingress by firemen, every structure, watercraft, or movable shall have at least one window or other device in each story of the building on a street front or on an alleyway or court accessible to a street, which can be opened from the outside in case of fire in the structure, watercraft, or movable so as to furnish immediate ingress to the story or stories of the structure, watercraft, or movable.

##### **§ 40:1580** Fire exit maps; hotel or motel rooms {#sec-40-1580 omnilex-key=us-la-statutes--rs-title-40--40:1580}

Every hotel or motel room shall have posted on the back of the main entry door to the room a map indicating where the exits are located in case of fire or other emergency.

*Added by Acts 1981, No. 593, §1.*

##### **§ 40:1580.1** Fire alarms; hotel or motel rooms {#sec-40-1580.1 omnilex-key=us-la-statutes--rs-title-40--40:1580.1}

A. Every new or renovated hotel or motel room shall have sleeping rooms equipped
with approved fire detection and alarm systems for the deaf or hard of hearing in case of fire
in accordance with the requirements of Section 9 of the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) table 9.1.2 and 9.1.3.

B. In hotels or motels not covered by Subsection A which have fewer than fifty
rooms one system shall be available. In such hotels or motels with more than fifty but fewer
than one hundred rooms at least two systems shall be available. In such hotels or motels with
more than one hundred rooms four systems shall be available. The availability of such
system shall be posted in every room.

*Acts 1997, No. 894, §1; Acts 2017, No. 146, §8.*

##### **§ 40:1581** Smoke detectors; carbon monoxide detectors; one- or two-family dwellings {#sec-40-1581 omnilex-key=us-la-statutes--rs-title-40--40:1581}

A. All existing one- or two-family dwellings at the time of sale or lease shall contain,
at a minimum, an operable ten-year, sealed lithium battery smoke detector.

B. All existing one- or two-family dwellings at the time of sale or lease shall contain,
at a minimum, an operable carbon monoxide detector with a long-life, sealed battery. The
carbon monoxide detector may be combined with smoke detection.

C. Professional installers who install generators in one- or two-family dwellings shall
include with installation of a home generator, at minimum, an operable carbon monoxide
detector with a long-life, sealed battery. The carbon monoxide detector may be combined
with smoke detection.

D. Failure to comply with the provisions of this Section shall not be a reason for
nonpayment of any insurance claims.

E. Failure to comply with the provisions of this Section shall not cause a delay or a
stoppage in the transfer of the property.

F. The real estate agent shall not be liable for the seller's failure to comply with the
provisions of this Section.

*Acts 1991, No. 701, §1; Acts 2009, No. 163, §1; Acts 2022, No. 458, §1.*

##### **§ 40:1582** Emergency elevator access; master key; substitute emergency measures; enforcement; penalty; rulemaking authority {#sec-40-1582 omnilex-key=us-la-statutes--rs-title-40--40:1582}

A. For each building in this state which is six or more stories in height, including but not limited to hotels and condominiums, which is constructed or substantially renovated after January 1, 2009, all of the keys for elevators that allow public access, including but not limited to service and freight elevators, shall be keyed so as to allow all elevators to operate in fire emergency situations with one master elevator key.

B. Each existing building in this state which is six or more stories in height shall comply with Subsection A of this Section before January 1, 2012. Each building in this state, except for one- and two-family dwellings, which is five or fewer stories in height in which a new elevator is installed after January 1, 2013, shall comply with Subsection A of this Section.

C. In addition to elevator owners, owners' agents, elevator contractors, state-certified inspectors, and state agency representatives, master elevator keys shall be issued only to the fire department in whose jurisdiction the building is located and shall not be issued to any other emergency response agency. A person shall not duplicate a master elevator key for issuance to, or issue such a key to, anyone other than the authorized fire department personnel. Each master elevator key shall be marked "DO NOT DUPLICATE".

D. If it is technically, financially, or physically impossible to bring a building into compliance with this Section, the state fire marshal may allow substitute emergency measures that will provide reasonable emergency elevator access.

E. The office of state fire marshal shall enforce this Section. Any person who fails to comply with the requirements of this Section is subject to an administrative fine of not more than one thousand dollars, in addition to any other penalty provided by law. All administrative fines shall be deposited into the Louisiana Fire Marshal Fund.

F. Architects and builders shall make every effort to use new technology and developments in keying systems which make it possible to convert existing equipment so as to provide efficient emergency elevator access.

G. The office of state fire marshal shall adopt rules, pursuant to the Administrative Procedure Act, to implement the provisions of this Section.

H. For the purposes of this Section, "substantially renovated" means an existing building which has alterations or repairs costing in excess of fifty percent of the then physical value of the building. The cost of alterations or repairs shall be established by an estimate signed by a licensed architect, by a licensed general contractor, or in the absence of either such licensed person, by the state fire marshal.

*Acts 2008, No. 749, §1; Acts 2010, No. 367, §1.*

##### **§ 40:1583** Locking, bolting, or obstructing exits or passageways {#sec-40-1583 omnilex-key=us-la-statutes--rs-title-40--40:1583}

No persons shall bolt, lock, obstruct, or block any exit or any passageway, or permit anyone else to do so, while the structure, watercraft, or moveable is in use for public assemblage.

*Added by Acts 1982, No. 335, §1, eff. July 18, 1982.*

##### **§ 40:1584** §§1584 to 1590 Repealed by Acts 1978, No. 567, §1 {#sec-40-1584 omnilex-key=us-la-statutes--rs-title-40--40:1584}

*§§1584 to 1590 Repealed by Acts 1978, No. 567, §1*

##### **§ 40:1591** Enforcement of Part {#sec-40-1591 omnilex-key=us-la-statutes--rs-title-40--40:1591}

A. The enforcement personnel of the state fire marshal shall enforce this Part and all other laws under the jurisdiction of the state fire marshal and other lawful orders of the state fire marshal, the violation of which would constitute a misdemeanor offense. The state fire marshal may delegate some or all of such enforcement authority to the chief of a fire department of a political subdivision and his authorized representatives. This enforcement authority shall include the power to issue misdemeanor summons.

B. The law enforcement officers of each political subdivision of the state shall enforce this Part and all other laws under the jurisdiction of the state fire marshal and other lawful orders of the state fire marshal.

*Acts 1991, No. 33, §1.*

##### **§ 40:1592** Application of Part {#sec-40-1592 omnilex-key=us-la-statutes--rs-title-40--40:1592}

The requirements contained in this Part apply to all structures, watercraft, and movables. However, the fire marshal may limit their application insofar as they affect structures existing on or before July 28, 1948, whenever he determines that reasonable steps have been taken in connection therewith to protect life and property from the hazards of fire and of panic which may arise from fire or from the threat of fire or explosion.

##### **§ 40:1593** Volunteer firefighters; medical and life insurance {#sec-40-1593 omnilex-key=us-la-statutes--rs-title-40--40:1593}

The state fire marshal is authorized to negotiate for and to purchase out of funds available for such purpose in the Two Percent Fire Insurance Fund provided for in R.S. 22:347(A) a group insurance policy to provide medical benefits, death benefits, and burial benefits for volunteer firefighters of the state suffering injury or death while engaged in the scope of their duties as volunteer firefighters. Such policy shall cover all bona fide volunteers starting the day upon which their membership begins without any prior certification to the state fire marshal's office or to the insurer. The state fire marshal shall deliver to each volunteer unit a printed notice concerning the policy requirements as to written notice of claim and written proof of loss including the period in which such must be filed. The volunteer unit shall post such notice in a conspicuous place at its facilities.

*Acts 1966, No. 522, §1. Amended by Acts 1974, No. 124, §1; Acts 1987, No. 898, §1, eff. July 20, 1987; Acts 1990, No. 759, §2; Acts 2001, No. 189, §2, eff. May 31, 2001; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.*

##### **§ 40:1593.1** Volunteer members of fire companies; legislative findings; insurance; applicability; limitations; procedure {#sec-40-1593.1 omnilex-key=us-la-statutes--rs-title-40--40:1593.1}

A. As used in this Section, the following terms and phrases have the meanings
hereinafter ascribed to them:

(1) "Fire company" means any organization established to provide fire prevention
and suppression services for the general public.

(2) "Volunteer member" means any individual who is carried on the membership list
of the fire company as an active participant in the normal functions of the organization and
who receives either nominal or no remuneration for his services.

B. The legislature of the state of Louisiana finds all of the following:

(1) That the fire prevention and suppression services provided by volunteer fire
companies are vital to the protection of the citizens of the state.

(2) That the provisions of this Section are intended to empower the state fire marshal
with a means by which he may provide insurance coverage to volunteer members of fire
companies for the treatment of heart and lung disease, stroke, and certain types of cancer.

(3) That the remedies provided for by this Section shall constitute the exclusive
remedy, as described in R.S. 23:1032, available to any volunteer member against a fire
company.

C. For the purposes of this Section, the state fire marshal is authorized to negotiate
for and purchase out of funds available in the Two Percent Fire Insurance Fund, provided for
in R.S. 22:347, a group critical illness policy to provide for a lump sum benefit for volunteer
members.

D.(1) When a volunteer member is diagnosed with any disease or infirmity of the
heart or lungs, stroke, or cancer, the disease, infirmity, stroke, or cancer shall be presumed
to have been caused by or to have resulted from his service as a volunteer member of a fire
company due to exposure to heat, smoke, fumes, or other carcinogenic, poisonous, toxic, or
chemical substances. This presumption shall be rebuttable by evidence meeting the
appropriate legal standard.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
provisions of this Section shall be applicable only to certain types of cancer. Any type of
cancer meeting all of the following criteria shall be deemed to meet the requirements of this
Subsection:

(a) Diagnosed as leukemia, lymphoma, or multiple myeloma or any other type of
cancer that may be caused by exposure to heat, smoke, radiation, or a known or suspected
carcinogen as defined by the International Agency for Research on Cancer.

(b) Diagnosed as originating in the bladder, brain, breast, colon, liver, lungs,
pancreas, reproductive tract, skin, kidney, testicle, or gastrointestinal tract.

E.(1) In the event that a volunteer member is diagnosed with heart or lung disease,
stroke, or a type of cancer meeting the requirements of Subsection D of this Section, all of
the following criteria shall apply in determination of the eligibility of the volunteer member
for receiving the benefits provided pursuant to the group policy described in Subsection C
of this Section:

(a) The volunteer member shall have completed five or more years of service with
the fire company.

(b) The name of the member must have been carried on the membership list of the
fire company immediately prior to when his membership with the fire company ceased.

(2)(a) In the event a volunteer member is determined to be eligible to receive a
benefit pursuant to this Section, the option to enroll for this benefit shall be offered to the
volunteer member for no less than ninety days from the date his membership ceased as a
volunteer member with the fire company.

(b) Any eligible volunteer member who enrolls to receive the benefit shall be entitled
to receive the benefit through the age of seventy with coverage terminating when the
volunteer member attains the age of seventy-one.

F.(1) The state fire marshal shall deliver to each fire company a printed or electronic
notice concerning the policy requirements as to written notice of claim and written proof of
loss including the period in which a claim must be filed. The fire company shall post such
notice in a conspicuous place at its facilities.

(2) A fire company shall provide to the state fire marshal, upon request and within
a reasonable time period, any documents, materials, or other information necessary to
administer the provisions of this Section.

(3) The state fire marshal is authorized to promulgate any rules or regulations
necessary to administer the provisions of this Section in accordance with the Administrative
Procedure Act, R.S. 49:950, et seq.

*Acts 2017, No. 346, §2.*

#### **SUBPART A-1** TIME LIMITS FOR RETENTION OF BLUEPRINTS AND OTHER RECORDS

##### **§ 40:1596.1** Purpose {#sec-40-1596.1 omnilex-key=us-la-statutes--rs-title-40--40:1596.1}

The purpose of this Subpart is to regulate the retention and storage of records of the office of state fire protection of the Department of Public Safety, formerly known as the State Fire Marshal, by establishing specific time limits during which said records shall be retained and after which such records may be destroyed.

*Added by Acts 1979, No. 495, §1, eff. July 13, 1979.*

##### **§ 40:1596.2** Administration {#sec-40-1596.2 omnilex-key=us-la-statutes--rs-title-40--40:1596.2}

The assistant secretary of the Department of Public Safety in charge of the office of state fire protection, commonly known as the State Fire Marshal, shall administer this Subpart and may issue rules and regulations which he considers necessary to its administration.

*Added by Acts 1979, No. 495, §1, eff. July 13, 1979.*

##### **§ 40:1596.3** Definitions {#sec-40-1596.3 omnilex-key=us-la-statutes--rs-title-40--40:1596.3}

As used in this Subpart, the following terms have the meanings specified unless the context clearly indicates otherwise:

(1) "Blueprints" means any set of drawings, plans, and specifications submitted to the fire marshal for approval in accordance with R.S. 40:1574.

(2) "Inspection reports" means all reports of inspections and other documents attached or pertaining thereto made, developed, and collected by the office of state fire protection pursuant to the inspections required by R.S. 40:1575.

(3) "Investigation reports" means all documents made, developed and collected by the office of state fire protection pursuant to R.S. 40:1566 through R.S. 40:1575.

(4) "Records of proceedings" means all records of any proceedings held pursuant to R.S. 40:1578.1 through R.S. 40:1578.6 and R.S. 40:1666 through R.S. 40:1666.8.

(5) "Records" means all of the documents defined in Paragraphs (1), (2), (3) and (4) above, and all other documents made, developed or collected by the office of state fire protection.

(6) "Time limitation" means the period of time during which the records or documents in question shall be retained by the office of state fire protection of the Department of Public Safety, and upon the expiration of which such records may be destroyed.

(7) "Types of occupancies" shall be as defined in the Life Safety Code in Pamphlet No. 101 published by the National Fire Protection Association, 1973 edition.

*Added by Acts 1979, No. 495, §1, eff. July 13, 1979; Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1596.4** Specific time limits {#sec-40-1596.4 omnilex-key=us-la-statutes--rs-title-40--40:1596.4}

The office of state fire protection shall retain all records for the following specific time limits according to the types of occupancies:

(1) Educational, institutional, and residential occupancies--twenty years.

(2) Places of public assembly and mercantile occupancies--ten years.

(3) Business, industrial, and storage occupancies--five years.

(4) All other occupancies and records--one year.

*Added by Acts 1979, No. 495, §1, eff. July 13, 1979.*

##### **§ 40:1596.5** Method of retention {#sec-40-1596.5 omnilex-key=us-la-statutes--rs-title-40--40:1596.5}

The office of state fire protection is hereby authorized to microfilm or use any other generally accepted method of recording for preservation of written documents for the purpose of retaining the records, however, no original record may be destroyed until at least one year has elapsed from the date of the making of such record or final disposition of the matter involving the record, whichever is longer.

*Added by Acts 1979, No. 495, §1, eff. July 13, 1979.*

#### **SUBPART A-2** CONVEYANCE DEVICES

##### **§ 40:1597.1** Short title {#sec-40-1597.1 omnilex-key=us-la-statutes--rs-title-40--40:1597.1}

This Subpart shall be known and may be cited as the "Conveyance Devices Safety Act".

*Acts 2014, No. 784, §1.*

##### **§ 40:1597.2** Purpose; administration and enforcement; initial study {#sec-40-1597.2 omnilex-key=us-la-statutes--rs-title-40--40:1597.2}

A.(1) The purpose of this Subpart is to provide for the safety of the persons utilizing
and working with conveyance devices, as well as to promote public safety awareness by
requiring conveyance device inspections by licensed elevator inspectors.

(2) The use of unsafe and defective conveyance devices increases the probability of
injury to the persons exposed to these unsafe devices. The prevention of these injuries is in
the best interest of the people of this state.

(3) Adequate protection for safety should be afforded in every conveyance device to
which this Subpart applies. The study shall include a determination of whether such
protection standards shall comply with the latest editions of the American Society of
Mechanical Engineers (ASME) Safety Code for Elevators and Escalators, ASME A17.1;
ASME Performance-Based Safety Code for Elevators and Escalators, A17.7; the ASME
Safety Code for Existing Elevators and Escalators, A17.3; the ASME Safety Standards for
Platform Lifts and Stairway Chairlifts, A18.1; ASME Standard for the Qualification of
Elevator Inspectors, QEI-1; and Automated People Mover Standards, ASCE 21.

B. Repealed by Acts 2022, No. 252, §3.

*Acts 2014, No. 784, §1; Acts 2022, No. 252, §3.*

#### **SUBPART B** SPECIAL HAZARDS

##### **§ 40:1601** Novelty lighters {#sec-40-1601 omnilex-key=us-la-statutes--rs-title-40--40:1601}

A. For the purposes of this Section, the following definitions shall apply unless
otherwise indicated:

(1) "Lighter" means a flame-producing device commonly used by consumers to
ignite tobacco products and mechanical devices primarily used to ignite fuel for fireplaces
or for charcoal or gas grills. The term does not include matches. This term includes novelty
lighters.

(2) "Novelty lighter" means a lighter that has a toylike appearance, has entertaining
audio or visual effects, or resembles in any way in form or function an item that is commonly
recognized as appealing, attractive, or intended for use by young children, particularly those
ten years of age or younger, including such a device that takes toylike physical forms,
including but not limited to toy animals, cartoon characters, cars, boats, airplanes, common
household items, weapons, cell phones, batteries, food, beverages, musical instruments, and
watches or has flashing lights or other entertaining features. Novelty lighters may operate
on any fuel, including butane or liquid fuel.

B. The retail, sale, offer of retail sale, gift, or distribution of any novelty lighter in
the state of Louisiana is prohibited.

C. This Section shall not apply to:

(1) Novelty lighters that were made before January 1, 1980.

(2) Novelty lighters that are considered to be collectable items.

(3) Repealed by Acts 2013, No. 147, §2.

(4) Lighters incapable of being fueled or lacking a device necessary to produce
combustion or flame.

(5) The active transportation of novelty lighters through this state.

(6) The storage of novelty lighters in a warehouse or distribution center in this state
that is closed to the public for purposes of retail sales.

(7) Wholesale or retail dealers selling their existing inventory of novelty lighters
before January 1, 2010, where such inventory was purchased prior to August 15, 2009.

(8) Novelty lighters that are in compliance with 16 CFR Part 1210 et seq.

D.(1) The fire marshal shall adopt such rules and regulations as are necessary to
implement and enforce the provisions of this Section.

(2) The fire marshal or an authorized representative, upon oral or written demand,
may inspect the inventory of novelty lighter manufacturers, wholesale or retail dealers, and
transporters as the fire marshal or the authorized representative deems necessary to ensure
compliance with this Section.

(3) Whenever the fire marshal or an authorized representative, law enforcement
personnel, or any authorized personnel discover novelty lighters for retail or sale or offered
for retail sale, gift, or distribution, such personnel are hereby authorized and empowered to
seize and take possession of such lighters. The confiscated lighters shall be turned over to
the fire marshal and shall be forfeited to the state as contraband. Novelty lighters seized
pursuant to this Section shall be destroyed. Destruction shall be witnessed by at least two
employees of the fire marshal and documentation of such destruction shall be made which
describes the contraband, time and location of the destruction, witnesses to the destruction,
and such other information as required by the fire marshal.

(4) Any person who knowingly violates the provisions of this Section shall be fined
not more than two hundred fifty dollars per violation.

(5) The penalties collected as provided in this Section shall be deposited into the
Louisiana Life Safety and Property Protection Trust Dedicated Fund Account within the state
treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the credit of the
account and shall, in addition to any other monies available for such purpose, be available
to the state fire marshal to support fire safety and prevention programs.

*Acts 2009, No. 89, §1, eff. Jan. 1, 2010; Acts 2013, No. 147, §§1, 2; Acts 2021, No. 114, §18, eff. July 1, 2022.*

##### **§ 40:1602** Burn ban; authority of the state fire marshal; civil citation {#sec-40-1602 omnilex-key=us-la-statutes--rs-title-40--40:1602}

A. The state fire marshal may issue an order to prohibit or limit the private outdoor
burning of materials in any area of this state.

B.(1) The state fire marshal or his representative or the commissioner of the
Department of Agriculture and Forestry or his representative may impose a civil fine of two
hundred fifty dollars for the violation of an order issued pursuant to this Section.

(2) Any penalties imposed pursuant to this Subsection may be appealed in
accordance with the provisions of the Administrative Procedure Act.

(3) The penalties collected pursuant to this Subsection shall be deposited into the
Louisiana Life Safety and Property Protection Trust Dedicated Fund Account within the state
treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the credit of the
account and shall, in addition to any other monies available for such purpose, be available
to the state fire marshal to support fire safety and prevention programs.

C. This Section shall not apply to prescribed burning as defined in R.S. 3:17.

*Acts 2012, No. 371, §1, eff. May 31, 2012; Acts 2021, No. 114, §18, eff. July 1, 2022.*

##### **§ 40:1603** Fire-resistant material applicators; registration; fines {#sec-40-1603 omnilex-key=us-la-statutes--rs-title-40--40:1603}

A. As used in this Section, the following terms shall have the meaning ascribed as
follows:

(1) "Fire-resistant material" means cementitious or fibrous materials that are sprayed
onto a surface to provide fire-resistant protection of the substrate.

(2) "Fire-resistant material applicator" means an individual who applies fire-resistant
material.

B.(1) Every fire-resistant material applicator shall undergo training to apply fire-resistant material according to manufacturer specifications.

(2) Every fire-resistant material applicator shall annually register with the office of
the state fire marshal.

(3) When a fire-resistant material applicator satisfactorily completes training and
registers as required by this Subsection, the state fire marshal shall issue a certificate which
indicates that the fire-resistant material applicator is certified to apply fire-resistant material.

C. Any person applying fire-resistant material who does not receive the training,
register, and obtain a certificate as required in Subsection B of this Section shall be fined up
to two hundred fifty dollars per violation.

D. The provisions of this Section shall be implemented, including a procedure for
the appeal of penalties, and enforced pursuant to the Administrative Procedure Act.

*Acts 2019, No. 114, §1.*

##### **§ 40:1604** Repealed by Acts 1985, No. 977, §1, eff. July 23, 1985. {#sec-40-1604 omnilex-key=us-la-statutes--rs-title-40--40:1604}

*Repealed by Acts 1985, No. 977, §1, eff. July 23, 1985.*

##### **§ 40:1605** Rubbish {#sec-40-1605 omnilex-key=us-la-statutes--rs-title-40--40:1605}

No person shall allow any empty boxes or barrels or any rubbish, trash, waste paper, excelsior, or other similar combustible materials not incident to or necessary in his trade to remain in any alley or sidewalk or on any premises within thirty feet of a building longer than twelve hours or overnight.

##### **§ 40:1606** §§1606 to 1612 Repealed by Acts 1978, No. 567, §1 {#sec-40-1606 omnilex-key=us-la-statutes--rs-title-40--40:1606}

*§§1606 to 1612 Repealed by Acts 1978, No. 567, §1*

##### **§ 40:1613** Tents; fire resistant {#sec-40-1613 omnilex-key=us-la-statutes--rs-title-40--40:1613}

A. No person shall offer for sale or manufacture within this state, after January 1, 1975, any tent, regardless of the size or description thereof, unless such tent is made of a fire resistant material or has been treated to render it fire resistant. The fire marshal may prescribe specific requirements to carry out the purpose of this section.

B. The fire marshal shall be responsible for the enforcement of this section. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any tent being offered for sale or sold in this state or the premises of any establishment engaged in the manufacture of tents in this state for the purpose of determining compliance with this section. Whenever the inspecting officer finds any incidence of noncompliance with this section he shall issue an appropriate order to assure compliance, to have the tents removed from the premise or to remedy the incidence of noncompliance in whatever manner he may deem appropriate.

C. Whoever fails to comply with an order of the fire marshal under the provisions of this section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each violation hereunder shall constitute a separate offense.

*Added by Acts 1974, No. 264, §1.*

##### **§ 40:1614** Mattresses and box springs; fire retardant {#sec-40-1614 omnilex-key=us-la-statutes--rs-title-40--40:1614}

A. After January 1, 2007, no person shall offer for sale at retail within this state, any mattress or box spring unless it is made of a fire retardant material or has been treated to render it fire retardant such that it meets the standards of resistance to open flames. This Subsection shall not apply to any mattress or box spring manufactured prior to January 1, 2007. The fire marshal may promulgate regulations to implement the purpose of this Section.

B. The fire marshal shall be responsible for the enforcement of this Section. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any mattress or box spring being offered for sale or sold in this state or the premises of any establishment engaged in the manufacture of mattresses or box springs in this state for the purpose of determining compliance with this Section. Whenever the inspecting officer finds any incidence of noncompliance with this Section he shall issue an appropriate order to assure compliance, to have the mattresses or box springs removed from the premises or to remedy the incidence of noncompliance in whatever manner he may deem appropriate.

C. Whoever fails to comply with an order of the fire marshal under the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each violation hereunder shall constitute a separate offense.

D. Upon the enactment of a federal statute, rule, or regulation which requires that mattresses and box springs be flame resistant, this provision shall be null and void.

*Acts 2006, No. 557, §1.*

##### **§ 40:1615** Class B fire fighting foam containing fluorinated organic chemicals {#sec-40-1615 omnilex-key=us-la-statutes--rs-title-40--40:1615}

A. As used in this Part, the following terms have the meaning ascribed to them in
this Section, unless the context clearly indicates otherwise:

(1) "Class B fire fighting foam" means any foam designed to extinguish flammable
liquid fires.

(2) "Person" means an individual, association, joint venture, partnership, corporation,
limited liability company, political subdivision, municipality, or public or private
organization of any character, including any agency, department, board, bureau, office,
commission, district, corporation, and quasi-public corporation of the federal, state,
municipal, or local government.

(3) "PFAS chemicals" means a class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl
substances, and designed to be fully functional in Class B fire fighting foam formulations.

(4) "Testing" means calibration testing, conformance testing, or fixed system testing.

B. On and after January 1, 2022, no person shall discharge or otherwise use Class
B fire fighting foam that contains intentionally added PFAS chemicals unless such discharge
or other use occurs in fire prevention or in response to an emergency fire fighting operation.

C. Nothing in this Section shall be construed to do any of the following:

(1) Restrict the manufacture, sale, or distribution of Class B fire fighting foam that
contains intentionally added PFAS chemicals or restrict the discharge or other use of Class
B fire fighting foam in response to an emergency fire fighting operation.

(2) Prevent the use of nonfluorinated foams, including other Class B fire fighting
foams, for the purposes of training or testing for fire fighting operations at a facility that has
implemented containment, treatment, and disposal measures to prevent the uncontrolled
releases of such fire fighting foam into the environment.

*Acts 2021, No. 232, §1, eff. June 11, 2021.*

#### **SUBPART C** PENALTIES

##### **§ 40:1621** Violation of fire marshal's orders; penalty {#sec-40-1621 omnilex-key=us-la-statutes--rs-title-40--40:1621}

Whoever fails to comply with any order issued by the fire marshal or his authorized representative, under any provisions of Part III of Chapter 7 of Title 40, R.S. 40:1569 excepted, shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each day's violation of an order constitutes a separate offense and may be punished as such at the discretion of the court.

*Acts 1989, No. 181, §1; Acts 1990, No. 86, §1.*

##### **§ 40:1622** Violation of Part; criminal and civil liability {#sec-40-1622 omnilex-key=us-la-statutes--rs-title-40--40:1622}

A. If the fire marshal or a representative of his office inspects a structure, watercraft, or movable and finds a violation of this Part, for which a compliance order is issued, and that violation is the proximate cause of an incident giving rise to response by firemen or first response personnel who suffer loss of life or bodily injury while responding to the incident, then the person or entity responsible for compliance with the order shall be liable for all damages resulting from the loss of life or bodily injury suffered by any such firemen or first response personnel if the compliance order has not been complied with within the time period stated in the compliance order.

B. Notwithstanding any provision to the contrary, for any loss of life suffered by firemen or first response personnel under the conditions described in this Section, there shall be a rebuttable presumption that the death resulted from criminal negligence.

*Acts 2003, No. 1099, §1.*

##### **§ 40:1625** Repealed by Acts 2006, No. 307, §3 eff. Jan. 1, 2007. {#sec-40-1625 omnilex-key=us-la-statutes--rs-title-40--40:1625}

*Repealed by Acts 2006, No. 307, §3 eff. Jan. 1, 2007.*

#### **SUBPART D** CIGARETTE FIRE SAFETY AND FIREFIGHTER PROTECTION

##### **§ 40:1626** Title {#sec-40-1626 omnilex-key=us-la-statutes--rs-title-40--40:1626}

This Act shall be known and may be cited as the "Cigarette Fire Safety and Firefighter Protection Act".

*Acts 2007, No. 409, §1, eff. Aug. 31, 2009.*

##### **§ 40:1627** Definitions {#sec-40-1627 omnilex-key=us-la-statutes--rs-title-40--40:1627}

As used in this Act*, the following terms shall have the meaning indicated unless the context clearly indicates otherwise:

(1) "Agent" means any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes.

(2) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance, regardless of size or shape, and whether or not such tobacco or substance is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other material except where the wrapper is wholly or in greater part made of tobacco.

(3) "Manufacturer" means any of the following:

(a) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer.

(b) The first purchaser anywhere that intends to resell in the United States cigarettes, manufactured anywhere, that the original manufacturer or maker does not intend to be sold in the United States.

(c) Any entity that becomes a successor of an entity described in Subparagraph (a) or (b) of this Paragraph.

(4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values pursuant to R.S. 40:1628(A) for all test trials used to certify cigarettes in accordance with this Act.

(5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.

(6) "Retail dealer" includes every dealer other than a wholesale dealer, or manufacturer who sells or offers for sale cigars, cigarettes, or other tobacco products, irrespective of quantity or the number of sales.

(7) "Sale" means any transfer of title or possession or both, exchange, or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts and the exchanging of cigarettes for any consideration other than money are considered sales.

(8) "Sell" means an act of selling, or to offer or agree to sell.

(9) "Wholesale dealer" means a dealer whose principal business is that of a wholesaler, who sells cigarettes, cigars, or other tobacco products to retail dealers for purpose of resale, who is a bona fide wholesaler, and fifty percent of whose total tobacco sales are to retail stores other than its own or its subsidiaries within Louisiana. Wholesale dealer shall include any person in the state who acquires cigarettes solely for the purpose of resale in vending machines, provided such person services fifty or more cigarette vending machines in Louisiana other than his own, and a Louisiana dealer who was affixing cigarette and tobacco stamps as of January 1, 1974. Wholesale dealer also shall include a bona fide tobacconist engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1628** Test method and performance standard {#sec-40-1628 omnilex-key=us-la-statutes--rs-title-40--40:1628}

A. Except as provided in Subsection G of this Section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standards specified in this Section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with R.S. 40:1629, and the cigarettes have been marked in accordance with R.S. 40:1630.

(1) Testing of cigarettes shall be conducted in accordance with the American Society for Testing and Materials (ASTM) standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes".

(2) Testing shall be conducted on ten layers of filter paper.

(3) No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this Section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.

(4) The performance standard required by this Section shall only be applied to a complete test trial.

(5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the state fire marshal.

(6) Laboratories conducting testing in accordance with this Section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than nineteen-hundredths.

(7) This Section does not require additional testing if cigarettes are tested consistent with this Act for any other purpose.

(8) Testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this Section.

B. Each cigarette listed in a certification submitted pursuant to R.S. 40:1629 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standards set forth in this Section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for non-filtered cigarettes.

C. A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in this Section shall propose a test method and performance standards for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in this Section, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to R.S. 40:1629. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standards that are the same as those contained in this Act*, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standards for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's laws or regulations under a legal provision comparable to this Section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standards to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted under this Act*. All other applicable requirements of this Section shall apply to the manufacturer.

D.(1) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal or the attorney general upon written request.

(2) Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request shall be subject to a civil penalty not to exceed five thousand dollars for each day after the sixtieth day that the manufacturer does not make such copies available.

E. The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standards in this Section.

F. The state fire marshal shall review the effectiveness of this Section and report every three years to the legislature its findings and, if appropriate, recommendations for legislation to improve the effectiveness of this Act*. The report and legislative recommendations shall be submitted no later than June thirtieth following the conclusion of each three-year period.

G. The requirements of this Section shall not prohibit:

(1) A wholesale dealer or retail dealer from selling its existing inventory of cigarettes on or after August 31, 2009, if the wholesale dealer's inventory was purchased prior to August 31, 2009.

(2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this Subsection, the term "consumer testing" means an assessment of cigarettes that is conducted directly by, or under the direction and control of, a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.

H. This Section shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.

Acts 2007, No. 409, §1, eff. August 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1629** Certification and product change {#sec-40-1629 omnilex-key=us-la-statutes--rs-title-40--40:1629}

A. Each manufacturer shall submit to the state fire marshal and the attorney general a written certification attesting that:

(1) Each cigarette listed in the certification has been tested in accordance with R.S. 40:1628.

(2) Each cigarette listed in the certification meets the performance standards set forth in R.S. 40:1628.

B. Each cigarette listed in the certification shall be described with the following information:

(1) Brand or trade name on the package.

(2) Style, such as light or ultra light.

(3) Length in millimeters.

(4) Circumference in millimeters.

(5) Flavor, such as menthol or chocolate, if applicable.

(6) Filter or non-filter.

(7) Package description, such as soft pack or box.

(8) Marking pursuant to R.S. 40:1630.

(9) The name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test.

(10) The date that the testing occurred.

C. Copies of the certifications shall be made available to the Department of Revenue for the purposes of ensuring compliance with this Section.

D. Each cigarette certified under this Section shall be recertified every three years.

E. For each certification, a manufacturer shall pay to the state fire marshal a maximum fee of two hundred fifty dollars.

F. If a manufacturer has certified a cigarette pursuant to this Section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this Act, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in R.S. 40:1628 and maintains records of that retesting as required by this Act. Any altered cigarette which does not meet the performance standards set forth in this Act may not be sold in this state.

*Acts 2007, No. 409, §1, eff. Aug. 31, 2009; Acts 2010, No. 529, §1.*

##### **§ 40:1630** Marking of cigarette packaging {#sec-40-1630 omnilex-key=us-la-statutes--rs-title-40--40:1630}

A. Cigarettes that are certified by a manufacturer in accordance with R.S. 40:1629 shall be marked to indicate compliance with the requirements of R.S. 40:1628. The marking shall be in eight-point type or larger and consist of one of the following:

(1) Modification of the UPC Code to include a visible mark printed at or around the area of the UPC Code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC.

(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap.

(3) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards set forth in this Act*.

B. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, or cases, or brands marketed by that manufacturer.

C. The state fire marshal shall be notified in writing as to the marking that is selected.

D. Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except the state fire marshal shall approve the following:

(1) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes.

(2) The letters "FSC", which signifies Fire Standards Compliant appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.

E. Proposed markings shall be deemed approved if the state fire marshal fails to act within ten business days of receiving a request for approval.

F. No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this Section.

G. Manufacturers certifying cigarettes in accordance with this Section shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the Department of Revenue, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this Section.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1631** Implementation {#sec-40-1631 omnilex-key=us-la-statutes--rs-title-40--40:1631}

The state fire marshal may promulgate rules and regulations, pursuant to the Administrative Procedure Act, necessary to effectuate the purposes of this Act*.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1632** Inspection; seizure {#sec-40-1632 omnilex-key=us-la-statutes--rs-title-40--40:1632}

A. To enforce the provisions of this Act*, the attorney general, the Department of Revenue, the office of alcohol and tobacco control, and the state fire marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the attorney general, the Department of Revenue, the office of alcohol and tobacco control, and the state fire marshal, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this Section.

B. The Department of Revenue, the office of alcohol and tobacco control, the attorney general, and the state fire marshal, or their duly authorized representatives, and other law enforcement personnel in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, may inspect cigarettes to determine if the cigarettes are marked as required by R.S. 40:1630.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1633** Penalties; forfeiture {#sec-40-1633 omnilex-key=us-la-statutes--rs-title-40--40:1633}

A. A manufacturer, who knowingly sells or offers to sell cigarettes, in violation of this Act*, shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed fifty thousand dollars during any thirty-day period.

B. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to R.S. 40:1629 shall be subject to a civil penalty not less than twenty-five thousand dollars and not to exceed one hundred thousand dollars for each such false certification.

C. Any person violating any other provision of this Act shall be subject to a civil penalty for a first offense not to exceed one thousand dollars. The penalty for any subsequent violation shall not exceed five thousand dollars.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1634** Remedy {#sec-40-1634 omnilex-key=us-la-statutes--rs-title-40--40:1634}

A. It shall be a rebuttable presumption that the retailer or wholesaler receives cigarettes from the manufacturer in good faith.

B. In addition to any other remedy provided by law, the state fire marshal, the Department of Revenue, the office of alcohol and tobacco control, or attorney general may file an action in a court of competent jurisdiction for a violation of this Act*, including petitioning for injunctive relief, for recovery of any costs or damages suffered by the state because of a violation of this Act, for enforcement costs relating to the specific violation, and for court costs and attorney fees. Each violation of this Act or of rules or regulations adopted under this Act constitutes a separate civil violation for which the state fire marshal, the Department of Revenue, the office of alcohol and tobacco control, or attorney general may obtain relief.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1635** Deposit of penalties; existing account {#sec-40-1635 omnilex-key=us-la-statutes--rs-title-40--40:1635}

The penalties collected as provided for in R.S. 40:1633 shall be deposited into the Louisiana
Life Safety and Property Protection Trust Dedicated Fund Account within the state treasury as
provided for in R.S. 40:1664.9. The monies shall be deposited to the credit of the account and shall,
in addition to any other monies available for such purpose, be available to the state fire marshal to
support fire safety and prevention programs.

*Acts 2007, No. 409, §1, eff. Aug. 31, 2009; Acts 2021, No. 114, §18, eff. July 1, 2022.*

##### **§ 40:1636** Out-of-state sales {#sec-40-1636 omnilex-key=us-la-statutes--rs-title-40--40:1636}

Nothing in this Act* shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements set forth in this Act if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409

##### **§ 40:1637** Repealed by Acts 2006, No. 307, §3 eff. Jan. 1, 2007. {#sec-40-1637 omnilex-key=us-la-statutes--rs-title-40--40:1637}

*Repealed by Acts 2006, No. 307, §3 eff. Jan. 1, 2007.*

##### **§ 40:1638** Repealed by Acts 2006, No. 307, §3 eff. Jan 1, 2007. {#sec-40-1638 omnilex-key=us-la-statutes--rs-title-40--40:1638}

*Repealed by Acts 2006, No. 307, §3 eff. Jan 1, 2007.*

#### **SUBPART D-1** FIRE SPRINKLER SYSTEMS IN EXISTING BUILDINGS

##### **§ 40:1641** Purpose {#sec-40-1641 omnilex-key=us-la-statutes--rs-title-40--40:1641}

A. The legislature hereby finds that existing high rise buildings which do not have fire protection sprinkler systems represent a serious threat to life and property. High rise building fires are particularly dangerous due to the fact that present fire fighting apparatus can only reach floor levels below seventy-five feet in height, leaving upper floors in high rise facilities vulnerable to the unchecked spread of fire, thereby endangering the occupants of those upper floor levels.

B. It is therefore the policy of this state in order to protect life and property from the hazards of fire and panic which may arise from fire or from the threat of fire in high rise buildings to require existing high rise buildings to be protected throughout by an approved fire protection sprinkler system.

*Acts 1988, No. 422, §2.*

##### **§ 40:1642** Definitions {#sec-40-1642 omnilex-key=us-la-statutes--rs-title-40--40:1642}

As used in this Subpart, the following terms have these meanings:

(1) "Fire protection sprinkler system" means a system of overhead piping designed in accordance with fire protection engineering standards. The system must be supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir or pressure tank, or connection by underground piping to a city main or any combination of these. The portion of the sprinkler system above ground is considered the fire protection sprinkler system for purposes of this Subpart and is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler system, dry-pipe systems, preaction systems, deluge systems, combined dry-pipe and preaction systems, antifreeze systems, and circulating closed loop systems, have meanings as defined and continuously revised in National Fire Protection Association Pamphlet 13, entitled Standard for the Installation of Sprinkler Systems.

(2) "Existing high rise buildings" means any building having floor surfaces used for human occupation located more than seventy-five feet above the lowest level of fire department vehicle access constructed before January 1, 1975.

(3) "Master plan" means a specific scheme or plan detailing the number of floors, total square footage, present occupancy and a proposed completion date of each phase and completion date of total compliance with the requirement of this Subpart.

*Acts 1988, No. 422, §2.*

##### **§ 40:1643** Fire protection sprinkler system required in existing high-rise buildings; exceptions {#sec-40-1643 omnilex-key=us-la-statutes--rs-title-40--40:1643}

A. All existing high-rise buildings as defined in this Subpart shall be protected throughout by an approved fire protection sprinkler system.

B. All existing high-rise buildings shall comply with the rules and regulations to be promulgated by the fire marshal in conformity with the Administrative Procedure Act, which shall establish as minimum standards the provisions of NFPA 13 as published by National Fire Protection Association, and the fire marshal shall be the authority having jurisdiction to enforce compliance with such regulations.

C.(1) Notwithstanding any provision to the contrary, all existing high-rise buildings as defined in this Subpart shall be protected throughout by an approved fire protection sprinkler system by January 1, 1999. However, if the state fire marshal determines that an extension can be granted without creating an undue risk to human safety, the fire marshal may grant a one-year extension to those building owners who have made a good faith effort to comply with the fire protection sprinkler system requirement.

(2) The fire marshal may grant one-year extensions of time to complete the installation of a fire protection sprinkler system to those existing high-rise buildings that were not in compliance with the fire protection sprinkler system requirement on January 1, 1999, but which have a written plan to install such a system that has been approved by the fire marshal including but not limited to shop drawings, contracts, or architectural engineering design documents, provided that the building has sufficient and adequate fire protection systems to assure that undue risk to human life and safety is not created by occupancy above the seventy-five foot level.

(3) The fire marshal may grant a reasonable extension of time for compliance with the fire protection sprinkler system requirement upon a showing of each of the following:

(a) A statement of certification that such building shall be demolished or substantially remodeled within five years after July 14, 1999.

(b) Sufficient and adequate fire protection systems to assure that undue risk to human life and safety is not created by occupancy above the seventy-five foot level.

(4) Any state-owned building utilized as a state hospital or parish prison shall have until January 1, 2005, to complete installation of the required fire sprinkler system, provided the building has sufficient and adequate fire protection systems such that human occupancy above the seventy-five foot level does not create an undue risk to human life and safety.

(5) For the purposes of this Subpart, the following shall be sufficient and adequate fire protection systems such that undue risk to human life and safety are not created:

(a) Twice the number of fire extinguishers as requested by the NFPA 10.

(b) A fire watch in accordance with the NFPA 601.

(c) A method of occupant notification of emergency conditions.

(d) Persons designated as fire wardens who have access to two-way communication systems, who are trained to use portable fire extinguishing equipment, and who know the emergency evacuation rules and procedures.

(e) Compliance with the means of egress, protection of vertical openings, emergency lighting, and alarm and detection requirements specified by the 1967 edition of the NFPA 101 Life Safety Code.

D. The owners of existing high-rise buildings which are not, as of September 1, 1988, protected throughout by an approved fire protection sprinkler system shall submit a written master plan to the state fire marshal on or before January 1, 1991, detailing with specificity a schedule for compliance with this Subpart.

E. Notwithstanding any other provision of law to the contrary, the state fire marshal may authorize alternative approaches for existing high-rise telephone equipment buildings occupied solely by telecommunications service providers which were not, as of September 1, 1988, protected throughout by an approved fire protection sprinkler system but which will provide an equivalent level of safety as provided by an approved automatic sprinkler system. Such alternative approaches shall be implemented on or before January 1, 1999. To obtain such approval, the telecommunications service provider shall submit a written master plan or a completed fire safety evaluation form, as published by the National Fire Protection Association, to the state fire marshal on or before January 1, 1993. Upon receipt, such master plan or fire safety evaluation shall be evaluated by the state fire marshal to ensure that the building complies with either:

(1) The 1967 edition of the NFPA 101 (Life Safety Code). Such plan or evaluation shall also indicate that an equivalent level of safety is achieved by the proposed alternative.

(2) The compartmentation exception of Section 506 of the 1988 Standard Building Code. Such compliance shall be documented by a certificate signed by a licensed architect or civil engineer.

*Acts 1988, No. 422, §2; H.C.R. No. 23, 1990 R.S.; Acts 1992, No. 28, §1; Acts 1998, 1st Ex. Sess., No. 92, §1; Acts 1999, No. 306, §1, eff. June 14, 1999.*

##### **§ 40:1644** Cost {#sec-40-1644 omnilex-key=us-la-statutes--rs-title-40--40:1644}

A. No work shall begin until the plans and specifications have been submitted and reviewed by the state fire marshal's office as required by R.S. 40:1574.

B. There shall be a review charge assessed by the state fire marshal as detailed in R.S. 40:1574.1.

*Acts 1988, No. 422, §2.*

##### **§ 40:1645** Penalty {#sec-40-1645 omnilex-key=us-la-statutes--rs-title-40--40:1645}

Whoever violates the provisions of this Subpart shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars or more than five hundred dollars or to imprisonment of not more than six months, or both.

*Acts 1988, No. 422, §2.*

#### **SUBPART D-2** INSPECTION OF LIFE SAFETY SYSTEMS AND EQUIPMENT

##### **§ 40:1646** State fire marshal; owners; life safety systems and equipment inspections; penalties; exceptions {#sec-40-1646 omnilex-key=us-la-statutes--rs-title-40--40:1646}

A. The fire marshal or his designated representative is authorized to cause the
inspection, certification, and testing of all life safety systems and equipment in the state,
whether in public or private buildings, upon receipt of a complaint, during installation, or
after installation to determine compliance with applicable codes, standards, and manufacturer
specifications.

B.(1) Except as provided in Paragraph (2) of this Subsection, the owner of any
building containing a life safety system and equipment, or the owner's designated
representative, shall cause at a minimum an annual inspection and certification to be made
of the life safety system and equipment in that building to assure compliance with applicable
safety standards and to determine whether structural changes in the building or in the
contents of the building mandate alteration of a system.

(2)(a) The provisions of this Subsection shall not apply to the owner of a building
with two stories occupied by a single tenant wherein employees of the tenant are regularly
inside of the building. The building described in this Paragraph shall not be construed to
include a one- or two-family dwelling as defined in R.S. 40:1573.

NOTE: Subparagraph (B)(2)(b) eff. July 1, 2028. See Acts 2025, No. 297.

*(b) The owner of a building described in this Paragraph shall cause, at a minimum, a full-load safety test of the conveyance device in five-year intervals to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of the conveyance device.*

(3) The owner of any building containing a conveyance device shall cause at a
minimum an annual inspection and certification, as outlined in Paragraph (1) of this
Subsection, to be physically witnessed by an inspector appointed by the fire marshal.

C. Life safety systems and equipment includes but is not limited to fire sprinkler, fire
alarm, fire suppression, special locking systems and equipment, portable fire extinguishers,
and conveyance devices.

D. The installing contractor of new life safety systems and equipment shall be on-site
for the final inspection by the fire marshal or his designated representative.

E.(1) Whenever the inspecting officer finds that the owner has failed to comply with
the provisions of this Section, he shall order the owner to comply with the requirements of
this Section.

(2) Whenever the inspecting officer finds life safety systems and equipment to be
inoperable or not in compliance with applicable safety standards, the inspecting officer shall
order the owner to have the life safety systems and equipment inspected and brought into
compliance with applicable safety standards.

(3)(a) Whoever fails to comply with an order issued by the fire marshal may be
issued a first warning and ordered to comply with the initial order.

(b) Whoever fails to comply with a second order issued by the fire marshal may be
fined not more than five hundred dollars or imprisoned for not more than six months, or
both.

(4) The fire marshal may authorize a fire prevention bureau to enforce the provisions
of this Section. Nothing in this Section shall be construed to prevent the fire marshal from
enforcing the provisions of R.S. 40:1621.

F. A licensed conveyance device mechanic shall be onsite for the final acceptance
inspection by a conveyance device inspector.

G.(1) The provisions of this Subsection apply only to inspections of conveyance
devices.

(2) When the fire marshal finds that the owner has failed to comply with the
provisions of this Section, he shall order the owner's compliance.

(3) When the fire marshal receives a report from an inspector licensed by the office
that a conveyance device is inoperable or not in compliance with applicable safety standards,
he shall order the owner to have the conveyance device inspected and brought into
compliance with applicable safety standards.

(4) Whoever fails to comply with an order issued by the fire marshal shall be first
issued a warning and ordered to comply with such order.

(5) The fire marshal may promulgate rules and regulation in accordance with the
Administrative Procedure Act to implement to provisions of this Subsection.

H. This Section shall not apply to private outdoor recreational structures pursuant
to R.S. 40:1730.30.

Acts 1991, No. 664, §1; Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2009, No.
130, §1; Acts 2018, No. 92, §1; Acts 2018, No. 598, §1, see Act; Acts 2020, No. 339, §1, eff.
June 13, 2020, §2, eff. July 1, 2024, see Act; Acts 2024, No. 753, §1, eff. June 19, 2024;
Acts 2025, No. 297, §1, eff. See Act.

NOTE: See Acts 2025, No. 297, §7 regarding superseding of Acts 2018, No. 598.

NOTE: See Acts 2025, No. 297, §8 regarding superseding of Acts 2018, No. 598; Acts
2020, No. 339; Acts 2024, No. 753.

##### **§ 40:1646.1** Inspectors {#sec-40-1646.1 omnilex-key=us-la-statutes--rs-title-40--40:1646.1}

The inspections and tests conducted pursuant to the provisions of this Subpart may be conducted by employees of the fire marshal, who may be reimbursed at reasonable rates determined by the fire marshal, or by qualified employees of certified fire protection sprinkler contractors, as such term is defined in R.S. 40:1625(2), or by licensed engineers or licensed architects as provided by law.

*Acts 1991, No. 664, §1.*

##### **§ 40:1646.2** Inspection and test reports; attachment to system {#sec-40-1646.2 omnilex-key=us-la-statutes--rs-title-40--40:1646.2}

A. The fire marshal shall prepare and promulgate specifications establishing the size, shape, color, information, and data, all in accordance with current National Fire Protection Association standards, to be included on all inspection and test reports.

B. One copy of the inspection and test report shall be attached by the inspector in a conspicuous place on the fire sprinkler system. One copy shall be retained by the inspector. One copy shall be retained by the owner of the building or his authorized representative. One copy shall be forwarded to the Property Insurance Association of Louisiana. The original shall be forwarded to the office of the fire marshal.

*Acts 1991, No. 664, §1.*

##### **§ 40:1646.3** Inoperative or deficient systems; remediation; hearings {#sec-40-1646.3 omnilex-key=us-la-statutes--rs-title-40--40:1646.3}

A. If the inspector determines that the fire sprinkler system is inoperative or deficient, he shall describe these facts in detail on his report.

B. The fire marshal, as soon as practicable after receipt of this report, shall notify the building owner by certified mail or hand delivery of the date by which remediation must be made.

C. If the owner disputes the findings of the report, he may request, within fifteen days of the date on which the fire marshal's notice was posted or delivered, a hearing to resolve the dispute. The hearing shall be conducted as soon as possible and in accordance with the Administrative Procedure Act.

D. A final determination by the fire marshal may be appealed to any court of competent jurisdiction.

E. If remedial action is finally determined to be necessary, the owner shall cause an inspection to be made after completion of the remediation in the same manner as other inspections required by this Subpart.

*Acts 1991, No. 664, §1.*

##### **§ 40:1651** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1651 omnilex-key=us-la-statutes--rs-title-40--40:1651}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1652** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1652 omnilex-key=us-la-statutes--rs-title-40--40:1652}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1653** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1653 omnilex-key=us-la-statutes--rs-title-40--40:1653}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1654** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1654 omnilex-key=us-la-statutes--rs-title-40--40:1654}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1655** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1655 omnilex-key=us-la-statutes--rs-title-40--40:1655}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1656** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1656 omnilex-key=us-la-statutes--rs-title-40--40:1656}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1657** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1657 omnilex-key=us-la-statutes--rs-title-40--40:1657}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1658** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1658 omnilex-key=us-la-statutes--rs-title-40--40:1658}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1659** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1659 omnilex-key=us-la-statutes--rs-title-40--40:1659}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1660** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1660 omnilex-key=us-la-statutes--rs-title-40--40:1660}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1660.1** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1660.1 omnilex-key=us-la-statutes--rs-title-40--40:1660.1}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1660.2** Repealed by Acts 2003, No. 512, §2. {#sec-40-1660.2 omnilex-key=us-la-statutes--rs-title-40--40:1660.2}

*Repealed by Acts 2003, No. 512, §2.*

##### **§ 40:1661** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1661 omnilex-key=us-la-statutes--rs-title-40--40:1661}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.1** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.1 omnilex-key=us-la-statutes--rs-title-40--40:1662.1}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.2** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.2 omnilex-key=us-la-statutes--rs-title-40--40:1662.2}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.3** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.3 omnilex-key=us-la-statutes--rs-title-40--40:1662.3}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.4** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.4 omnilex-key=us-la-statutes--rs-title-40--40:1662.4}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.5** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.5 omnilex-key=us-la-statutes--rs-title-40--40:1662.5}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.6** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.6 omnilex-key=us-la-statutes--rs-title-40--40:1662.6}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.7** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.7 omnilex-key=us-la-statutes--rs-title-40--40:1662.7}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.8** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.8 omnilex-key=us-la-statutes--rs-title-40--40:1662.8}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.9** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.9 omnilex-key=us-la-statutes--rs-title-40--40:1662.9}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.10** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.10 omnilex-key=us-la-statutes--rs-title-40--40:1662.10}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.11** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.11 omnilex-key=us-la-statutes--rs-title-40--40:1662.11}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.12** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.12 omnilex-key=us-la-statutes--rs-title-40--40:1662.12}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.13** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.13 omnilex-key=us-la-statutes--rs-title-40--40:1662.13}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.14** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.14 omnilex-key=us-la-statutes--rs-title-40--40:1662.14}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.15** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.15 omnilex-key=us-la-statutes--rs-title-40--40:1662.15}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.16** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.16 omnilex-key=us-la-statutes--rs-title-40--40:1662.16}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.17** Repealed b y Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.17 omnilex-key=us-la-statutes--rs-title-40--40:1662.17}

*Repealed b y Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.18** Repealed by Acts. 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.18 omnilex-key=us-la-statutes--rs-title-40--40:1662.18}

*Repealed by Acts. 2006, No. 307, §3, eff. Jan. 1, 2007.*

##### **§ 40:1662.19** Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007. {#sec-40-1662.19 omnilex-key=us-la-statutes--rs-title-40--40:1662.19}

*Repealed by Acts 2006, No. 307, §3, eff. Jan. 1, 2007.*

#### **SUBPART D-3** LIFE SAFETY AND PROPERTY PROTECTION LICENSING

##### **§ 40:1664.1** Short title {#sec-40-1664.1 omnilex-key=us-la-statutes--rs-title-40--40:1664.1}

This Subpart shall be known as and may be cited as the "Life Safety and Property Protection Licensing Act".

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007.*

##### **§ 40:1664.2** Purpose; administration and enforcement {#sec-40-1664.2 omnilex-key=us-la-statutes--rs-title-40--40:1664.2}

A. The purpose of this Subpart is to regulate the certifying, inspecting, installation, integrating, selling, and servicing of life safety and property protection systems and equipment and to prohibit the use of life safety and property protection systems and equipment which are not properly labeled in accordance with the rules adopted by the state fire marshal in the interest of safeguarding lives and property.

B. The state fire marshal shall administer and enforce the provisions of this Subpart and may issue rules and regulations which he considers necessary to such administration and enforcement pursuant to the Administrative Procedure Act. In formulating necessary rules and regulations, the state fire marshal may use recognized standards, including those of the National Fire Protection Association, those recognized by federal law or regulation, those published by nationally recognized standards-making organizations, those industry standards established by accepted practices or trade associations, or those contained in manufacturers' installation manuals.

C. The state fire marshal shall have the authority to charge and collect such fees as provided for in this Subpart.

D. The Louisiana Life Safety and Property Protection Advisory Board shall advise the state fire marshal with respect to administration and enforcement of the provisions of this Subpart and shall exercise those functions specified in this Subpart.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.*

##### **§ 40:1664.3** Definitions {#sec-40-1664.3 omnilex-key=us-la-statutes--rs-title-40--40:1664.3}

As used in this Subpart, the following terms have the meanings specified in this
Section:

(1) "ANSI" means the American National Standards Institute.

(2) "Apprentice" means a person who is licensed to work under the direct supervision
and accompaniment of a technician who is licensed to the same firm and holding a valid
license to perform the same acts.

(3) "ASCE" means the American Society of Civil Engineers.

(4) "ASME" means the American Society of Mechanical Engineers.

(5) "Automotive" means concerned with or related to, but not limited to, motor
vehicles, automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles,
snowmobiles, campers, boats, and other watercraft.

(6) "Automotive locksmith endorsement" means the document issued by the state
fire marshal to a firm or employee authorizing either to engage in property protection activity
of automotive locks and equipment, including programming of automotive key fobs and
transponder devices.

(7) "Automotive locksmith technician" means an individual who sells, repairs,
rebuilds, recodes, rekeys, programs, services, adjusts, installs, manipulates, or bypasses
automotive locks and equipment, which includes key fobs and automotive transponder
devices, and the creation and duplication of automotive keys.

(8) "Bank-locking specialist" means an individual licensed to certify, inspect, install,
integrate, sell, and service mechanical or electronic locks within the confines of a bank,
credit union, or other financial institution.

(9) "Bank-locking system" means locking systems and equipment within a financial
institution. The term includes but is not limited to safes, vaults, time locks, safety deposit
box locks, combination and electronic locks, key operated locks, teller under counter
equipment, master key systems, interchangeable cores, cash dispensers, drive-up systems,
money tubes, and other commercial bank furnishings. The scope of work includes selling,
installing, and servicing these systems and equipment. Bank-locking systems are a
subclassification of locksmith. The term does not include special locking or security systems
and equipment as defined in this Subpart.

(10) "Board" means the Louisiana Life Safety and Property Protection Education
Board.

(11) "Builders' hardware" or " architectural hardware" or "door hardware" means
stand alone electro/mechanical locks, latches, exit hardware, closures, and hinges mounted
onto doors intended to operate and secure the door properly. The term does not include
special locking systems.

(12) "Certify" means to attest to the proper functionality, inspection, installation,
integration, programming, and service of life safety and property protection systems and
equipment in accordance with all applicable engineered specifications, manufacturer
specifications, and submitted plans and per the inspection, testing and maintenance chapters
as set forth in the applicable NFPA, ASME, ANSI, and ASCE codes, standards, and
manufacturer specifications.

(13) "Closed circuit television alarm specialist" means an individual licensed to
certify, inspect, install, integrate, sell, and service closed circuit television alarm systems.

(14) "Closed circuit television alarm system" means a system that provides video
surveillance of events, primarily by means of transmission, recording, or transmission and
recording of visual signals through the use of cameras, receivers, monitors, computer, and
other visual imaging systems. Closed circuit television alarm systems are a subclassification
of security.

(15) "Conveyance" or "conveyance device" means any of the following, except those
located in one- or two-family dwellings as defined in R.S. 40:1573:

(a) Hoisting and lowering mechanisms, including elevators, platform lifts, and
stairway chair lifts equipped with a car or platform, which move between two or more
landings.

(b) Power-driven stairways and walkways, including escalators and moving walks,
for carrying persons between landings.

(c) Hoisting and lowering mechanisms, including dumbwaiters and material lifts
with dumbwaiters with automatic transfer devices equipped with a car, and which serve two
or more landings, and are restricted to the carrying of material by their limited size or limited
access.

(16) "Conveyance device inspector" means any person engaged in the certification
or inspection of a conveyance device.

(17) "Conveyance device mechanic" means any person engaged in the erecting,
constructing, installing, altering, servicing, dismantling, maintaining, or testing of a
conveyance device.

(18) "Designated agent" means an owner or a manager of an alarm contracting
company or single station fire alarm contracting company, a locksmithing services company,
or closed circuit television alarm system contracting company who has been assigned the
responsibility of submitting any notice required by this Subpart to the state fire marshal.

(19) "Detention locking specialist" means an individual licensed to certify, inspect,
install, integrate, and service locks and locking systems within the confines of a penal
institution only.

(20) "Detention locking system" means locking systems and equipment within a
penal institution. The term includes but is not limited to doors, frames, high security locking,
and commercial locking systems. The term also includes locks of various types including
pin tumbler-standard and mogul types, lever and wafer tumbler mechanical locks,
electromechanical, full electronic, and pneumatic controlled locks. Detention locking
systems are a subclassification of locksmith. The term does not include special locking,
security, or closed circuit television alarm systems and equipment as defined in this Subpart.

(21) "Direct supervision" means oversight of a firm's operations by a qualifier or
onsite supervision by a licensed technician or specialist of an apprentice or consultant. The
technician or specialist can supervise an apprentice or consultant only in areas he is licensed
to perform. Both the technician and apprentice must be licensed to the same firm.

(22) "Door hardware specialist" means an individual who consults and provides
technical advice regarding builders' hardware, architectural hardware, or door hardware.

(23) "DOT" means the United States Department of Transportation.

(24) "DOT hydrostatic testing" means pressure testing fire protection cylinders by
approved hydrostatic methods and in accordance with NFPA codes and the U.S. Department
of Transportation.

(25) "DOT hydrostatic testing specialist" means an individual licensed to certify,
inspect, and service fire protection cylinders by approved hydrostatic methods and in
accordance with NFPA codes and the United States Department of Transportation.

(26) "Employee" means a person who performs services for wages or salary and
receives a W-2 tax form from his employer.

(27) "Engineered fire suppression system" means fire suppression systems
individually integrated or altered in accordance with nationally recognized fire protection
system design standards and manufacturer's guidelines.

(28) "False alarm" means a security alarm signal eliciting a response by police when
a situation requiring such a response does not exist, including but not limited to the
activation or transmission of any alarm signal caused by human error, mechanical or
electronic malfunction, negligence of the alarm system user or user's agent or employee,
whether or not the exact cause of the alarm activation is determined, or any other activation
or transmission of any alarm signal where no actual police emergency exists.

(29) "Fire detection and alarm systems" means those assemblies of wiring, electronic
transmitting devices, detection devices, and related equipment for the detection of products
of combustion or flammable gases, heat and for alerting occupants, including fire department
personnel, of a fire emergency.

(30) "Fire detection and alarm system owner specialist" means an individual who is
employed by the owner of a fire detection and alarm system and who is licensed only to
perform routine inspection and minor service and repair of fire detection and alarm systems
within his employer facilities.

(31) "Fire detection and alarm system specialist" means an individual licensed to
certify, inspect, install, integrate, and service nonrequired fire detection and alarm systems.

(32) "Fire detection and alarm system technician" means an individual licensed to
certify, inspect, install, integrate, and service both required and nonrequired fire detection
and alarm systems.

(33) "Fire hose" means a flexible conduit used to convey water.

(34) "Fire protection systems and equipment" means those life safety and property
loss systems, whether commercial or residential, intended to protect a structure's occupants
or property from the risk and dangers of fire or explosion. Fire protection systems and
equipment include but are not limited to portable fire extinguishers, fire detection and alarm
systems, fire suppression systems, fire hoses, kitchen hood, and duct installation and
cleaning. However, the term "fire protection system and equipment" shall not include a
single station smoke or heat detector installed in a private residence by a fire department, the
state fire marshal, a public agency, a volunteer association, or their designated representatives
where no compensation is received for such installation.

(35) "Fire sprinkler systems and equipment" means those life safety systems intended
to protect a structure's occupants or property from the risk and dangers of fire or explosion.
Fire sprinkler systems and equipment include but are not limited to water-based fire
protection systems, fire pumps, standpipe systems, and hose stations.

(36) "Fire sprinkler systems and equipment inspector" means an individual licensed
to certify and inspect water-based fire protection systems, fire pumps, standpipe systems, fire
hoses, and hose stations.

(37) "Firm" means a sole proprietorship, partnership, corporation, limited liability
company, or any other entity.

(38) "Firm license" means that document authorizing a firm to perform life safety
and property protection contracting for those endorsements held.

(39) "Fixed fire suppression systems" means those assemblies of piping, conduits,
or containers that convey liquid, powder, or gases to dispersal openings or devices protecting
one or more hazards by suppressing or extinguishing fires, but shall not include fire sprinkler
systems, as defined in this Subpart.

(40) "Fixed fire suppression systems technician" means an individual licensed to
certify, inspect, install, integrate, and service fixed fire suppression systems.

(41) "General endorsement" means a broad category of license authorizing its holder
to perform multiple aspects of life safety and property protection contracting.

(42) "Household fire warning system" means a fire alarm, fire alarm system, or
portion of such an alarm or system intended to detect or warn of smoke or fire and intended
for use in a residential one- or two-family dwelling or wholly within the confines of an
individual living unit in a residential multifamily structure. Household fire warning systems
are a subclassification of security.

(43) "Household fire warning system specialist" means an individual licensed to
certify, inspect, install, integrate, and service household fire warning systems.

(44) "Individual license" means that document authorizing an individual to perform
life safety and property protection contracting for those endorsements held.

(45) "Inspect" means a visual examination of life safety and property protection
systems or equipment to verify that it appears to be in operating condition and is free of
physical damage.

(46) "Install" means the initial placement of life safety and property protection
systems or equipment or an extension of such after initial placement.

(47) "Integrate" means the act of utilizing accepted and approved life safety and
property protection systems or equipment and components in accordance with manufacturers'
direction to develop a unified and functioning system meeting applicable NFPA codes and
standards.

(48) "Intrusion alarm" or "intrusion alarm system" means an alarm, alarm system,
or portion of such an alarm or system intended to detect an unauthorized entry or other
emergency, not including a fire, in a structure.

(49) "Kitchen suppression specialist" means an individual licensed to certify, inspect,
install, integrate, and service pre-engineered fire suppression systems protecting kitchen
appliances.

(50)(a) "Life safety and property protection contracting" means performing
certification, inspection, installation, integration, programming, sale, or service of systems
and equipment designed to protect life and property. Life safety and property protection
systems and equipment include but are not limited to mechanical or electronic locks, special
locking systems and equipment, security systems and equipment, fire sprinkler systems and
equipment, fire detection and alarm systems and equipment, fire suppression systems and
equipment, portable fire extinguishers, fire hoses, and conveyance devices. Life safety and
property protection contracting includes but is not limited to the sale, lease, rent, planning
with the intent to prewire, prewiring, hydrostatic testing, erection, construction, dismantling,
maintenance, repair, testing, modification, improvement, or alteration of life safety systems
and equipment, holding oneself or one's firm out for hire to perform any such task, or
otherwise offering to perform any such task for compensation, either directly or indirectly.
(b) Notwithstanding any other provision of this Subpart, a person licensed as
provided in this Subpart shall not install primary power sources of one hundred volts or
greater when such power source is being installed to operate low voltage systems, unless the
person is licensed by the State Licensing Board for Contractors to perform such installations.

(51) "Limited conveyance device mechanic" means an individual who is licensed
through the state fire marshal and erects, constructs, installs, alters, services, repairs, or
maintains only platform lifts, stairway chairlifts, and limited-use-limited-application, or
LULA, elevators in commercial and industrial structures.

(52) "Limited conveyance device mechanic endorsement" means an endorsement
that allows the holder to erect, construct, install, alter, service, repair, or maintain only
platform lifts, stairway chairlifts, and limited-use-limited-application, or LULA, elevators
in commercial and industrial structures.

(53) "Limited locksmith endorsement" means the document issued by the state fire
marshal to a firm or employee authorizing either to engage in property protection activity of
automotive locks and equipment, including programming of automotive transponder devices,
and mechanical locks in commercial and residential structures that are nonpowered, whether
by electrical current or battery. This endorsement does not authorize the holder to engage
in property protection activity of special locking systems or equipment.

(54) "Limited locksmith technician" means an individual who sells, repairs, rebuilds,
recodes, rekeys, programs, services, adjusts, installs, manipulates, or bypasses automotive
locks, stand-alone electro-mechanical locking systems, and mechanical locking systems or
devices for controlled access to automobiles or egress to premises, safes, vaults, doors, lock
boxes, or other nonpowered locking systems and equipment and devices for safeguarding
automobiles or commercial or residential structures or areas. This activity includes the
creation and duplication of keys for automotive locks and mechanical locking systems or
devices. This endorsement does not authorize the holder to engage in property protection
activity of special locking systems or equipment.

(55) "Limited security endorsement" means the document issued by the state fire
marshal to a firm or employee authorizing either to engage in property protection activity of
security, household fire warning, or closed circuit television systems and equipment. This
endorsement does not authorize the holder to engage in property protection activity of special
locking systems or equipment.

(56) "Limited security technician" means an individual who engages in property
protection activity of security, household fire warning, or closed circuit television systems
and equipment. This endorsement does not authorize the holder to engage in property
protection activity of special locking systems or equipment.

(57) "Locksmith technician" means an individual who sells, repairs, rebuilds,
recodes, services, adjusts, installs, manipulates, or bypasses a special locking system,
mechanical locking device or electronic locking devices for controlled access or egress to
premises, safes, vaults, safe doors, lock boxes, automatic teller machines, or other devices
for safeguarding areas or certifies, inspects, installs, integrates, sells and services closed
circuit television alarm systems.

(58) "Mechanical locks" means a mechanical device or door hardware intended to
control access or egress to or from a structure or area.

(59) "NFPA" means the National Fire Protection Association.

(60) "Officer" means the president, vice president, secretary, treasurer, comptroller,
or any other person who performs functions for a life safety and property protection
contracting firm corresponding to those performed by those officers.

(61) "Operating location" means a physical address that houses an entity that
performs life safety and property protection contracting. All business records including but
not limited to payroll records, sales invoices, inspection reports, and service records shall be
maintained at the operating location. The operating location shall be open during normal
business hours for the inspection of records. The use of a storage facility, telephone
answering service, or post office box shall not constitute a location for purposes of this
Subpart.

(62) "Person" means a natural person or individual.

(63) "Portable fire extinguisher" means any portable device that contains liquid,
powder, or gases for suppressing or extinguishing fires.

(64) "Portable fire extinguisher and fire hose technician" means an individual
licensed to certify, inspect, install, and service portable fire extinguishers and fire hoses.

(65) "Pre-engineered fire suppression specialist" means an individual licensed to
certify, inspect, install, integrate, and service pre-engineered fire suppression systems.

(66) "Pre-engineered fire suppression system" means packaged fire suppression
systems which consist of system components intended to be installed according to pre-tested
limitations as approved or listed by a testing laboratory.

(67) "Principal" means a person or entity that has a controlling interest of a life safety
and property protection firm regardless of the form of organization. "Principal" includes a
person or entity entitled to exercise the prerogatives or indicia of ownership or control of a
property protection firm whether by direct action, assignment, or any other kind of
substitution or subrogation.

(68) "Property protection systems and equipment" means those life safety and
property protection systems intended to protect lives and property from the risk of theft,
unauthorized entry, or other physical harm to a structure's occupants or property. Property
protection systems and equipment include but are not limited to intrusion alarms, closed
circuit television, automotive locks, mechanical locks, and electronic locks.

(69) "Qualifier" means a person who possesses the appropriate training or experience
credentials enabling a firm to obtain a life safety and property protection license. A qualifier
shall be a paid employee of the firm for which he qualifies and works a minimum of thirty-two hours per week. A qualifier shall be actively involved in overseeing the life safety and
property protection contracting for the firm for which he qualifies. An individual may only
qualify one firm.

(70) "Security sales specialist" means an individual licensed to sell or specify
security systems and equipment.

(71) "Security systems and equipment" means those life safety and property
protection systems intended to protect lives and property from the risk of theft, unauthorized
entry, or other physical harm to a structure's occupants or property. Security systems and
equipment include but are not limited to intrusion alarms, closed circuit television, household
fire alarm, and special locking systems.

(72) "Security technician" means an individual licensed to certify, inspect, install,
integrate, sell, and service security systems and equipment or special locking systems.

(73) "Sell" means to solicit another on behalf of a property protection firm by any
means, including but not limited to telephone or electronic device, public notice or
advertisement, door-to-door or any other type of personal interaction. The term includes
designing property protection systems.

(74) "Service" means to repair or maintain.

(75) "Specialist" means an individual who is trained and certified to perform life
safety and property protection contracting within a specific limited endorsement.

(76) "Special locking specialist" means an individual who certifies, designs, inspects,
installs, integrates, sells, or services a special locking system protecting a controlled access
area or egress to premises.

(77) "Special locking systems" means an electro-mechanical lock, electronic lock,
or electronic locking arrangement intended to control access or egress to a structure or area.

(78) "Specialty endorsement" means a narrow category of license authorizing its
holder to perform only one aspect of life safety and property protection contracting.

(79) "State fire marshal" means the Department of Public Safety and Corrections,
office of state fire marshal, code enforcement and building safety, and its authorized
representatives empowered to enforce the provisions of this Subpart.

(80) "Technical endorsement" means a broad category of license authorizing its
holder to perform multiple aspects of life safety and property protection contracting within
a certain endorsement.

(81) "Technician" means an individual who is trained and certified to perform life
safety and property protection contracting within a technical endorsement.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §§1, 2; Acts 2018, No. 598, §1, eff. Jan. 1, 2019; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2024, No. 385, §1, eff. Jan. 1, 2025.*

##### **§ 40:1664.4** License required {#sec-40-1664.4 omnilex-key=us-la-statutes--rs-title-40--40:1664.4}

A. No person or firm shall engage in life safety and property protection contracting without holding a current and valid license issued by the state fire marshal as provided in this Subpart. Each operating location of a firm shall hold a separate firm license.

B. No person or company shall aid, abet, facilitate, or otherwise assist any unlicensed person or firm in engaging in life safety and property protection contracting as defined in this Subpart when such person or firm knew or should have known that the person or firm assisted was unlicensed.

C. The state fire marshal may, by rule, license the owner of a life safety and property protection system or equipment and an employee of the owner to allow such employee to perform routine inspections and minor service and repairs of the life safety systems or equipment solely within the facilities of the owner. The owner shall document such service or repair and assume responsibility for all such service or repair. Such employee shall not engage in certifying, installing, or integrating such systems or equipment.

D. Each person who acts as an apprentice performing life safety and property protection contracting shall apply to the state fire marshal for an apprentice license. The state fire marshal shall establish the qualifications of an apprentice by rule. An apprentice may perform such services only under the direct supervision of a technician holding a valid license pursuant to this Subpart who works for the same firm as the apprentice.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.*

##### **§ 40:1664.5** Exemptions to licensure and equipment {#sec-40-1664.5 omnilex-key=us-la-statutes--rs-title-40--40:1664.5}

A. The requirements for licensure shall not apply to any of the following persons or
entities:

(1) An officer or employee of the United States, this state, or any political
subdivision of either, while engaged in the performance of his official duties within the
course and scope of his employment with the United States, this state, or any political
subdivision of either. However, no person or entity excepted from licensure pursuant to this
Subpart shall engage in the certification, inspection, installation, integration, sale, or service
of special locking, fire detection and alarm, fire sprinkler, fire suppression systems, or
portable fire extinguishers and fire hoses.

(2) Any sworn police, fire, or other peace officer or certified medical technician may
open any lock or locked motor vehicle while engaged in the performance of his official duties
within the course and scope of his employment, provided that he receives no additional
compensation for such services.

(3) Any owner, management firm, or public institution and such person's or entity's
employees while such person or entity is certifying, inspecting, installing, integrating, selling,
and servicing mechanical locks, intrusion alarm systems, or closed circuit television alarm
systems, only on the premises of the owner or public institution during the normal course and
scope of his duties.

(4) A general contractor licensed by the State Licensing Board for Contractors and
his direct employees or a building owner and his direct employees performing the installation
or removal of complete mechanical lock sets when doing so in the course of residential or
commercial new construction or remodeling.

(5) Any automotive service dealer, lock manufacturer, or manufacturer's employee
engaged in servicing, installing, repairing, or rebuilding automotive locks.

(6) Any employee of a towing service, or an automobile club, while such person is
opening automotive locks in the normal course of his duties.

(7) Any merchant or retail store that is in the business of selling, servicing, or
installing intrusion alarms for motor vehicles. This exception from licensure shall also apply
to the employees of the merchant or retail store but only as to work performed by them on
behalf of the exempted employer.

(8) Any merchant or retail store that is in the business of selling intrusion alarm
systems or closed circuit television systems or household fire warning systems at retail to an
individual end user for self-installation. This exception from licensure shall also apply to the
employees of the merchant or retail store but only as to work performed by them on behalf
of the exempted employer.

(9) Any merchant or retail store that is in the business of re-coding new locks on the
retail premises only or duplicating keys, except for those keys which are proprietary and
those marked "do not duplicate" or "master key". This exception from licensure shall also
apply to the employees of the merchant or retail store but only as to work performed by them
on behalf of the exempted employer.

(10) Any manufacturer, and his employee or representative, who acts as a consultant
to a licensed firm in the certifying, inspecting, installation, integrating, programming, selling,
and servicing of life safety and property protection systems regulated by this Subpart while
under the direct supervision of the licensed firm.

(11) Any gate manufacturer or merchant that is in the business of installing,
servicing, repairing, rebuilding, reprogramming, or maintaining electronic garage door
devices. This exception from licensure shall also apply to the employees of the manufacturer
or merchant but only as to work performed by them on behalf of the exempted employer.

(12) Repealed by Acts 2020, No. 339, §3, eff. June 13, 2020.

(13) A mechanical contractor licensed by the State Licensing Board for Contractors
and holding a statewide mechanical work license classification issued by that board or, where
applicable, a plumber licensed by the State Plumbing Board who only certifies, inspects,
installs, and services water supply piping supplying sprinkler systems, stand pipe, and hose
station systems, or fire pumps.

(14) A mechanical contractor licensed by the State Licensing Board for Contractors
and holding a statewide mechanical work license classification issued by that board or, where
applicable, a plumber licensed by the State Plumbing Board who only installs piping within
a fixed fire suppression system.

B. The provisions of this Subpart shall not apply to a conveyance device located
within a one- or two-family dwelling as defined in R.S. 40:1573.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019; Acts 2020, No. 339, §3, eff. June 13, 2020.*

##### **§ 40:1664.5.1** Limited exemption to licensure; electrical contractors {#sec-40-1664.5.1 omnilex-key=us-la-statutes--rs-title-40--40:1664.5.1}

A.(1) A firm or person holding a license with the classification of electrical work
statewide by the State Licensing Board for Contractors pursuant to R.S. 37:2156.1 and
2156.2 shall be authorized only to install wire, conduit, or other wire raceways, its associated
boxes or fittings, and fire alarm initiating and notification devices or intrusion alarm systems
or closed circuit television systems or special locking systems in either commercial or
residential property without a license issued pursuant to this Subpart. The activity specified
in this Paragraph shall not include final termination in a fire alarm control panel, security
control panel, access control panel, or closed circuit television systems controls, which shall
be performed only by a firm and individual holding a valid license issued pursuant to this
Subpart. This limited exemption shall also apply to an employee of a firm or person who
performs work on behalf of the electrical contractor, as defined by R.S. 37:2150.1.

(2) The provisions of Paragraph (1) of this Subsection shall not apply to a person or
entity selling, installing, servicing, or maintaining wireless security and fire systems.

B. Electrical contractors are not permitted to certify, inspect, or service any life safety
and property protection system or equipment.

*Acts 2020, No. 339, §1, eff. June 13, 2020.*

##### **§ 40:1664.6** Application for a firm license; requirements to maintain {#sec-40-1664.6 omnilex-key=us-la-statutes--rs-title-40--40:1664.6}

A. In order to engage in life safety and property protection contracting, a firm shall apply for and obtain a license for each operating location doing business in the state and the firm must apply for each discipline for which it shall perform life safety and property protection contracting.

B. An applicant for a firm license shall submit the following to the state fire marshal:

(1) A completed firm application.

(2) Documentation that the firm is an entity duly authorized to conduct business within this state. If the firm is physically located in Louisiana, documentation shall be in the form of a local or parish occupational license and if incorporated, registration with the secretary of state. If the firm is physically located outside of the state, documentation shall be in the form of registration with the secretary of state as a foreign corporation including the name of the firm's registered agent of service.

(3) An original certificate of insurance documenting that the firm has a minimum of five hundred thousand dollars general liability coverage.

(4) An original certificate of insurance documenting that the firm has a current and valid worker's compensation insurance policy as required by state law.

(5) The name of the person who will serve as the designated agent of the company.

(6) Proof of employment of a qualifying individual with the proper certification and training at each of its operating locations for each endorsement held.

(7) The application fee authorized by this Subpart.

C. A firm holding a property protection endorsement must be located within the physical boundaries of the state.

D. A firm holding a security endorsement must provide the name of each firm providing monitoring services.

E. Each firm as a condition of licensure shall be open for inspection by the state fire marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this Subpart. No person acting on behalf of the firm shall refuse to admit the state fire marshal or his designated representative to an operating location. Firms physically located outside of Louisiana may be charged for the travel expenses of the state fire marshal to conduct such an inspection.

F. As a further condition of licensure, the acceptance of a license by a firm shall be deemed as consent to submit to the reasonable requests for documentation by the office of the state fire marshal, code enforcement and building safety, or his designated representatives and to cooperate in a lawful investigation by the office of the state fire marshal, code enforcement and building safety. Refusal to cooperate with any lawful investigation by the office of the state fire marshal, code enforcement and building safety, shall be subject to any penalty as outlined in this Section, including suspension or revocation of license.

G. Each firm shall clearly display its license in a conspicuous location at its place of business.

H. The designated agent of a life safety and property protection firm shall notify the state fire marshal within ten days of the following:

(1) Any change in the business address of the firm.

(2) Any change in ownership of or interest in the firm.

(3) Any change in the employment of a person holding an individual license.

(4) For firms with a property protection endorsement, any owner, partner, or other principal with an interest in the firm who has been convicted of a felony or entered a plea of guilty or nolo contendere to a felony charge or received a first-time offender pardon. A felony that has been dismissed pursuant to Code of Criminal Procedure Article 893 or equivalent judicial dismissal shall not apply to this Paragraph.

(5) For firms with a security endorsement only, a change of the firm providing monitoring services.

I. No life safety and property protection firm shall contract for the independent services of a holder of an individual license under this Section.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.*

##### **§ 40:1664.7** Application for an individual license; requirements to maintain {#sec-40-1664.7 omnilex-key=us-la-statutes--rs-title-40--40:1664.7}

A. In order to engage in life safety and property protection contracting, an individual shall apply for and obtain a license for each discipline for which he shall perform life safety and property protection contracting. Such license shall authorize its holder to engage in life safety and property protection contracting for the endorsements listed. Each individual license holder shall maintain his license on his person while engaging in life safety and property protection contracting. Each such license holder shall present his license for inspection upon demand by an employee of the office of the state fire marshal, fire department, or a law enforcement officer.

B. As a further condition of licensure, the acceptance of a license by a firm shall be deemed as consent to submit to the reasonable requests for documentation by the office of the state fire marshal or his designated representatives and to cooperate in a lawful investigation by the office of the state fire marshal. Any person refusing to cooperate with any lawful investigation by the office of the state fire marshal shall be subject to any penalty as outlined in this Section, including suspension or revocation of license.

C. Each individual license holder shall notify the state fire marshal, on a form specified and provided by the state fire marshal, within ten days of the following:

(1) Any change in business or home address.

(2) Any separation from an employer or change in employer.

(3) For a person holding a property protection endorsement, any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon.

D. No individual licensed under this Section shall contract for his services as an independent contractor or agent with any life safety and property protection firm or with any other license holder under this Section.

E. Meet all certification, continuing education, training, and testing requirements as established by the board.

F. An individual may act as a temporary apprentice for a thirty-day calendar period commencing on the date the fire marshal receives an application from the applicant. Applications for property protection endorsements shall be accompanied by a criminal record check of the applicant. Such license shall expire on the thirtieth calendar day after its commencement or on the date of issuance of an apprentice or technician license, whichever is earlier.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.*

##### **§ 40:1664.8** Criminal background checks; provisional license {#sec-40-1664.8 omnilex-key=us-la-statutes--rs-title-40--40:1664.8}

A. Each principal or officer of a firm holding a property protection endorsement shall
undergo and pass a criminal background check prior to the firm receiving a license pursuant
to this Subpart.

B. Each person holding a property protection endorsement shall undergo and pass
a criminal background check prior to receiving a license pursuant to this Subpart, except as
provided in R.S. 40:1664.7(F).

C. No person or officer or principal of a firm applying for a property protection
license shall have been convicted of a felony, received a first-time offender pardon for a
felony, or entered a plea of guilty or nolo contendere to a felony charge. A person whose
felony conviction has been dismissed pursuant to Code of Criminal Procedure Article 893
or the equivalent judicial dismissal shall be eligible for property protection licensure if the
conviction was not a felony crime of violence specifically enumerated in R.S. 14:2(B), a sex
offense as defined in R.S. 15:541(24)(a), with the exception of R.S. 14:92(A)(7) and R.S.
14:80, or a felony offense against property as enumerated in R.S. 14:51 through 62.8.

D. A conviction or a plea of guilty or nolo contendere to a felony charge or receipt
of a first-time offender pardon shall not constitute an automatic disqualification as otherwise
required pursuant to Subsection C of this Section if ten or more years has elapsed between
the date of application and the date of successful completion or service of any sentence,
deferred adjudication, or period of probation or parole.

E. Subsection D of this Section shall not apply to any person convicted of a felony
crime of violence specifically enumerated in R.S. 14:2(B), a sex offense as defined in R.S.
15:541(24)(a), with the exception of R.S. 14:92(A)(7) and R.S. 14:80, or a felony offense
against property as enumerated in R.S. 14:51 through 62.8.

F. A felony conviction for any offense includes a conviction for the offense under
the laws of another state or military, territorial, foreign, tribal, or federal law which is the
equivalent to an offense in this state.

G. The office of state fire marshal, code enforcement and building safety, may
consider the seriousness and circumstances of the offense and subsequent arrests pursuant
to this Section.

H. The state fire marshal is authorized to order fingerprint analysis or any other
analysis or documents deemed necessary by the state fire marshal for the purpose of verifying
the criminal history of a person or named officer or principal of a firm applying for a license.
The state fire marshal shall have the authority to conduct criminal history verification on a
local, state, or national level. All costs for verifying criminal history shall be borne by the
applicant.

I.(1) The state fire marshal may issue a provisional license to a property protection
applicant for a period not to exceed sixty days from the date of issuance while verification
of the applicant's criminal history is pending. The issuance of this provisional license is
contingent upon the applicant's attestation that he has never been convicted of a felony,
received a first-time offender pardon for a felony, or entered a plea of guilty or nolo
contendre to a felony charge. Any person with a provisional license issued pursuant to this
Subsection shall work under the direct supervision and accompaniment of a technician who
is licensed to the same firm and holding a valid license to perform the same acts.

(2) The fire marshal shall revoke the provisional license issued pursuant to Paragraph
(1) of this Subsection if the applicant fails to pass the criminal background check or is in
violation of R.S. 14:133.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2016, No. 229, §1; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2020, 2nd Ex. Sess., No. 54, §1, eff. Nov. 5, 2020.*

##### **§ 40:1664.9** Fees; license endorsements for firms and persons; certifications; Louisiana Life Safety and Property Protection Trust Dedicated Fund Account {#sec-40-1664.9 omnilex-key=us-la-statutes--rs-title-40--40:1664.9}

A. The state fire marshal is authorized to assess and collect fees pursuant to this
Subpart. License endorsements are separated into the two general categories of Property
Protection and Life Safety. The Property Protection category is subdivided into the
Technical Endorsements of Locksmith, Door Hardware, and Security. The Life Safety
category is subdivided into the Technical Endorsements of Fire Sprinkler, Fire Suppression,
Fire Alarm, Portable Fire Extinguishers and Hoses, Conveyance Devices, and DOT
Hydrostatic Testing. Technical endorsements may further be divided into specialty
endorsements. A technical endorsement holder is authorized to perform all life safety and
property protection contracting authorized by the specialty endorsements within the specific
technical endorsement category. Specialty endorsement holders are limited to only life safety
and property protection contracting authorized by that specialty endorsement.

B. The amount of licensing fees for a firm shall be as follows:

Firm endorsement Initial fee Renewal fee

(1)(a) Technical Endorsement-Locksmith $250 $50

(b) Specialty Endorsement:

(i) Bank locking $250 $50

(ii) Detention locking $250 $50

(iii) Limited Locksmith $250 $50

(iv) Automotive Locksmith $250 $50

(2) Technical Endorsement-Door hardware $250 $50

(3)(a) Technical Endorsement-Security $250 $50

(b) Specialty Endorsement:

(i) Closed Circuit Television $250 $50

(ii) Household fire $250 $50

(iii) Special Locking $250 $50

(iv) Limited Security $250 $50

(4) Technical Endorsement-Fire Sprinkler $500 $250

(5)(a) Technical Endorsement- $350 $100

Fixed Fire Suppression

(b) Specialty Endorsement:

(i) Pre-engineered $350 $100

(ii) Kitchen suppression $350 $50

(6)(a) Technical Endorsement-Fire Alarm $350 $100

(b) Specialty Endorsement:

(i) Fire alarm (Non-required) $350 $50

(ii) Fire alarm owner $350 $50

(7) Technical Endorsement- $350 $150

Portable Fire Extinguishers/Hoses

(8) Technical Endorsement- $350 $50

DOT hydrostatic testing

C. The amount of licensing fees for a person are as follows: Employee endorsementInitial feeRenewal fee

(1)(a) Technical Endorsement-Locksmith $100 $50

(b) Specialty Endorsement:

(i) Bank locking $100 $50

(ii) Detention locking $100 $50

(iii) Limited Locksmith $100 $50

(iv) Automotive Locksmith $100 $50

(2) Technical Endorsement-Door hardware

specialist $100 $50

(3)(a) Technical Endorsement-Security $100 $50

(b) Specialty Endorsement:

(i) Closed Circuit Television $100 $50

(ii) Household fire $100 $50

(iii) Security sales $100 $50

(iv) Special Locking $100 $50

(v) Limited Locksmith $100 $50

(vi) Limited Security $100 $50

(4) Technical Endorsement- $100 $50

Fire Sprinkler Qualifier

(5) Technical Endorsement- $100 $50

Fire Sprinkler Inspector

(6)(a) Technical Endorsement- $50 $50

Fixed Fire Suppression

(b) Specialty Endorsement:

(i) Pre-engineered $50 $50

(ii) Kitchen suppression $50 $50

(7)(a) Technical Endorsement-Fire Alarm $50 $50

(b) Specialty Endorsement:

(i) Fire alarm (Non-required) $50 $50

(ii) Fire alarm owner $50 $50

(8) Technical Endorsement- $50 $50

Portable Fire Extinguishers/Hoses

(9) Technical Endorsement- $25 $25

DOT hydrostatic testing

(10) Specialty Endorsement-Apprentice $50 $50

(11) Technical Endorsement - Conveyance Device

(a) Conveyance Device Inspector $100 $50

(b) Conveyance Device Mechanic $100 $50

(12) Speciality Endorsement-

Limited Conveyance Device Mechanic $100 $50

(13) Conveyance device inspection fee $150 $150

D.(1) The technical endorsements provided for in Paragraph (C)(11) of this Section
shall be issued to a person who has received certification developed and approved in
accordance with R.S. 40:1664.11(G) or (H), or one of the following as applicable:

(a) Certified Elevator Technician (CET) certification provided by the National
Association of Elevator Contractors.

(b) Certification provided by the National Elevator Industry Educational Program.

(c) Qualified Elevator Inspectors (QEI) certification provided by the National
Association of Elevator Safety Authorities or the Qualified Elevator Inspectors Training
Fund.

NOTE: Paragraph (D)(2) ceased to be effective Jan. 1, 2022. See Acts 2018, No.
598, §6.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, a person may
obtain a technical endorsement as provided for in Paragraph (C)(11) of this Section and shall
not be prohibited from actively working pursuant to the issuance of the license endorsement;
however, such person shall obtain the certification as required in Paragraph (1) of this
Subsection within one year from the date the technical endorsement was issued.

(3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, a
conveyance device mechanic license shall be issued to a person who, through his licensed
conveyance device firm, submits an application for licensure to the office of state fire
marshal, with either of the following:

(i) An attestation submitted in the form of notarized affidavit that the person who
seeks licensure has worked as a conveyance device mechanic, as defined in this Subpart, for
not less than four years and six thousand hours, within the last five years, without immediate
or direct supervision prior to application for licensure.

(ii) An attestation submitted in the form of notarized affidavit that the person who
seeks licensure has worked as a conveyance device mechanic, as defined in this Subpart, for
not less than two years and three thousand hours, within the last three years, without
immediate or direct supervision prior to application for licensure and that the person has
received a National Association of Elevator Contractors Associate Elevator Technician
(AET), or Level 1 certification or equivalent, or is enrolled in the National Association of
Elevator Contractors Certified Elevator Technician (CET) program.

(b) A conveyance device mechanic firm shall submit an application for licensure
pursuant to this Subsection on or before July 1, 2025.

(4) All continuing education requirements developed and approved for persons who
hold technical endorsements provided for in Paragraph (C)(11) of this Section shall be in
accordance with R.S. 40:1664.11(G) or (H).

E. All licenses are valid for one year, unless a multi-year license is created, and shall
be renewed within thirty days of its expiration date to remain valid. The state fire marshal
may create a prorated fee system to allow employee license renewal dates to coincide with
the firm license renewal date.

F. A license not renewed within thirty days of its expiration date shall be considered
past due and subject to late fees. The late fee penalty shall be twenty-five dollars for a
license not renewed before thirty-one to forty-five days past the expiration date and fifty
dollars for a license not renewed before forty-six to sixty days past the expiration date.

G. A license shall be suspended if not renewed within sixty days of its expiration
date or if the license holder has not maintained the license. The cost to reinstate a suspended
license shall be the cost of the initial fees plus twenty dollars.

H. The cost for a duplicate or replacement firm or individual license is twenty
dollars, regardless of how many endorsements are carried.

I. The cost to transfer an individual license from one firm to another is twenty
dollars.

J. The cost of a Quick Response (QR) code decal or hanging tag for purposes of
electronically tagging life safety and property protection systems and equipment, with the
exception of portable fire extinguishers and hoses, is one dollar and fifty cents.

K. The fees established in this Section shall not be refundable except under such
conditions as the state fire marshal may establish.

L.(1) A temporary conveyance device mechanic license may be issued by the office
of state fire marshal upon receipt of either the following:

(a) An attestation from the requesting licensed conveyance device mechanic firm
that, despite its best efforts, there is an insufficient number of licensed conveyance device
mechanics needed to perform conveyance device mechanic activities or an imminent increase
in conveyance device mechanic activities.

(b) An attestation from the requesting licensed conveyance device mechanic firm
certifying that the person who seeks temporary licensure has an acceptable combination of
documented experience and education to perform conveyance device mechanic activities
without direct or immediate supervision as determined by the office of state fire marshal.

(2) All attestations shall be submitted in the form of notarized affidavit.

(3) A temporary conveyance device mechanic license shall be valid for a period of
one hundred eighty days from the date of issuance and is valid only for the work performed
for the licensed conveyance device mechanic firm that requested the temporary license
pursuant to this Section.

(4) Temporary licenses may be approved by the office of state fire marshal for
renewal. The requesting licensed conveyance device mechanic firm shall provide a notarized
attestation to the office of state fire marshal certifying that, despite its best efforts, there
continues to be an insufficient number of licensed conveyance device mechanics needed to
perform conveyance device mechanic activities or an imminent increase in conveyance
device mechanic activities.

(5) The office of state fire marshal may refuse to renew a temporary license for a
person that the office determines has had adequate opportunity to obtain a license pursuant
to the provisions of this Subpart.

(6) Initial and renewal fees for temporary licenses shall be in accordance with
Subparagraphs (C)(11)(a) and (b) of this Section.

M.(1) An emergency conveyance device mechanic license may be issued by the
office of state fire marshal when an emergency exists in the state due to a natural disaster,
as declared by the president of the United States or the governor, or major work stoppage,
and the requesting licensed conveyance device mechanic firm submits an attestation to the
office of state fire marshal certifying each of the following:

(a) The number of licensed conveyance device mechanics in the state is insufficient
to cope with the emergency or work stoppage, creating a shortage.

(b) The shortage of licensed conveyance device mechanics in the state jeopardizes
the safety of the public.

(2) The requesting licensed conveyance device mechanic firm shall submit an
attestation to the office of state fire marshal certifying that the person who seeks emergency
licensure has an acceptable combination of documented experience and education to perform
conveyance device mechanic activities without direct or immediate supervision as
determined by the office of state fire marshal.

(3) The emergency license shall be valid for a minimum period of sixty days from
the date of issuance, shall entitle the licensee to the rights and privileges of a licensed
conveyance device mechanic, and is valid only for the work performed for the licensed
conveyance device mechanic firm that made the request pursuant to this Section. The
emergency license may be extended but shall not exceed three hundred sixty-five days from
the date of initial issuance, unless mitigating circumstances regarding the emergency
declaration or work stoppage exist and are formally recognized by the state fire marshal and
an extension of the emergency license is determined to be necessary.

(4) All attestations shall be submitted in the form of a notarized affidavit.

(5) Initial and renewal fees for emergency licenses shall be in accordance with
Subparagraphs (C)(11)(a) and (b) of this Section.

N.(1) The owner or his designee of an installed conveyance device, except those
exempt pursuant to R.S. 40:1664.5, shall register the conveyance device with the office of
state fire marshal.

(2) A firm that installs a conveyance device shall register the conveyance device with
the office of state fire marshal within thirty days of its installation.

(3) The owner or his designee of an installed conveyance device, except those
exempt pursuant to R.S. 40:1664.5, shall have the conveyance device inspected yearly by a
conveyance device inspector. A conveyance device inspector shall pay the fees established
in Paragraph (C)(13) of this Section in exchange for a certificate of operation provided by
the office of the fire marshal which will then be attributed to a conveyance device that has
passed inspection.

O.(1) Subject to the exceptions contained in Article VII, Section 9 of the
Constitution of Louisiana, all monies received by the state fire marshal pursuant to this
Subpart, including but not limited to fees and fines, shall be deposited immediately upon
receipt in the state treasury and shall be credited to the Bond Security and Redemption Fund.
Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient
amount is allocated from that fund to pay all obligations secured by the full faith and credit
of the state which become due and payable within any fiscal year, the treasurer, prior to
placing such remaining funds in the state general fund, shall pay an amount equal to the total
amount of funds paid into the state treasury by the state fire marshal pursuant to this Subpart
into a special statutorily dedicated fund account which is hereby created in the state treasury
and designated as the Louisiana Life Safety and Property Protection Trust Dedicated Fund
Account.

(2) The monies in the Louisiana Life Safety and Property Protection Trust Dedicated
Fund Account shall be used solely for implementation, administration, and enforcement of
this Subpart, and thereafter, for fire education or emergency response by the state fire
marshal and only in the amounts appropriated each year to the state fire marshal or the board
by the legislature. Any surplus monies and interest remaining to the credit of the account on
June thirtieth of each year after all such appropriations of the preceding fiscal year have been
made shall remain to the credit of the account, and no part thereof shall revert to the state
general fund. Monies deposited into the account shall be categorized as fees and
self-generated revenue for the sole purpose of reporting related to the executive budget,
supporting documents, and general appropriation bills and shall be available for annual
appropriation by the legislature.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No.
598, §1, see Act; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2021, No. 114, §10, eff.
July 1, 2022; Acts 2022, No. 579, §1, eff. June 17, 2022; Acts 2022, No. 579, §2, eff. July
1, 2022; Acts 2024, No. 385, §1, eff. Jan. 1, 2025; Acts 2025, No. 297, §1, eff. June 11,
2025.

NOTE: See Acts 2018, No. 598, §§2 and 3, regarding applicability.

##### **§ 40:1664.10** Powers and duties of state fire marshal {#sec-40-1664.10 omnilex-key=us-la-statutes--rs-title-40--40:1664.10}

The state fire marshal shall:

(1) Formulate and administer such rules as may be determined essentially necessary
for the protection and preservation of life and property and for the enforcement of this
Subpart.

(2) Evaluate the qualifications of firms or persons applying for or maintaining a
license pursuant to this Subpart.

(3) Have authority to conduct examinations to ascertain the qualifications and fitness
of applicants for a license pursuant to this Subpart.

(4) Issue full or provisional licenses to firms and persons that meet the qualifications
established by this Subpart.

(5) Evaluate the qualifications of firms seeking approval as testing laboratories.

(6) Have authority, after notice and opportunity for hearing, to increase or decrease
the limits of insurance coverage and authorize acceptance of surplus lines coverage if the
state fire marshal determines that due to loss experience, market conditions, or other good
reason, the liability insurance coverage required by this Subpart is unavailable to applicants
for or holders of licenses.

(7) Have authority to conduct inspections of licensed firms, whether in state or out
of state, for the purpose of observation and collection of facts and data relating to proper
enforcement of this Subpart.

(8) Investigate all written complaints lodged against firms or individuals who are
alleged to have violated this Subpart and pursue administrative action against the firms or
individuals.

(9) Upon notification by a fire chief or his designee, order a special investigation of
any conveyance device accident resulting in any human injury or death within this state.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019.*

##### **§ 40:1664.11** Life Safety and Property Protection Education Board {#sec-40-1664.11 omnilex-key=us-la-statutes--rs-title-40--40:1664.11}

A. The Life Safety and Property Protection Education Board is hereby created and
placed within the Department of Public Safety and Corrections as further provided by R.S.
36:409(E)(4). The board shall be composed of fifteen members, as follows:

(1)(a) Fourteen members shall be appointed by the governor from a list of nominees
submitted to the governor by any licensed firm, the Louisiana Life Safety and Security
Association, the Louisiana Fire Sprinkler Association, the Louisiana Automatic Fire Alarm
Association, or any conveyance device trade association.

(b) The board shall consist of members representing all aspects of life safety and
property protection. Each of the technical endorsements shall be represented by at least one
board member licensed for such. Members who have only a specialty endorsement may be
appointed if all the technical endorsements have representation.

(c) Any person appointed to the board shall be licensed pursuant to this Subpart and
shall have been engaged in life safety and property protection contracting for a minimum of
four years prior to his appointment, except that two members may be from an associate
industry to life safety and property protection for which no license is required but shall be
legally registered to do business in Louisiana.

(2)(a) One member shall be an employee of the office of the state fire marshal
designated by the state fire marshal.

(b) Such member shall serve as the chairman of the board but shall not vote except
in the event of a tie vote of the members present and voting.

B.(1) Each appointed member shall serve a term of four years.

(2) The member designated by the state fire marshal shall serve a term concurrent
with the term of the state fire marshal making such designation.

(3) No member shall serve more than two consecutive terms except the member
designated by the state fire marshal.

(4) A vacancy on the board occurring prior to expiration of a term shall be filled in
the manner of the original appointment for the remainder of the term.

C. The board shall meet upon the call of the chairman or upon the written request of
any three members of the board. Notice of any such meeting shall be given to board
members and the public at least seven days in advance.

D. Eight members of the board shall constitute a quorum for the transaction of
business. The board may take action by a majority vote of its members present and voting.

E. Each appointed member of the board may be reimbursed for travel and related
expenses incurred, not to exceed those expenses authorized for reimbursement by the State
Travel Guide, for each day that the member engages in board business.

F. No member of the board shall be liable in a civil action for any act performed in
good faith in the execution of his duties as a board member.

G. The board shall have the authority to approve all training, certification, and
examination requirements for licensure under this Subpart. The board shall have the
authority to approve written training programs as acceptable equivalents for meeting the
training or examination requirements of this Subpart. The board may also accept, as such
an equivalent, licensure of a firm or person by a jurisdiction outside this state which has
standards and requirements of practice which substantially conform to the provisions of this
Subpart. The board shall also establish continuing education requirements.

H. In the absence of an appointed board, the state fire marshal shall determine and
approve licensing equivalencies, written training programs, examination requirements, and
continuing education requirements.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2022, No. 623, §5, eff. July 1, 2022.*

##### **§ 40:1664.12** Prohibited acts {#sec-40-1664.12 omnilex-key=us-la-statutes--rs-title-40--40:1664.12}

A person or firm shall not do any of the following:

(1) Engage in life safety and property protection contracting without a valid license.

(2) Aid and abet an unlicensed individual, employee, or firm in life safety and
property protection contracting.

(3) Certify, dismantle, inspect, install, integrate, program, sell, or service life safety
and property protection systems contrary to plans submitted for review, applicable NFPA,
ASME, ANSI, or ASCE codes, standards, or manufacturer specifications without specific
written authorization from the office of the state fire marshal.

(4) Submit an application or any other document to the office of the state fire
marshal when the person reasonably should have known that the document contained false
or misleading information.

(5) Engage in false, misleading, or deceptive acts or practices.

(6) Fail to maintain a valid license as required by this Subpart.

(7) Fail to maintain a valid insurance policy as required by this Subpart.

(8) Refuse to admit the state fire marshal or his designated representative to an
operating location or refuse to cooperate in the purposes of such admittance as required by
this Subpart.

(9) Fail to maintain his license on his person and to present it for inspection as
required by this Subpart.

(10) Fail to return the lockout, installer, or programming code of a life safety or
property protection system to the factory default setting.

(11) Refuse to cooperate with any lawful investigation by the office of the state fire
marshal.

(12) Fail to abide by the administrative rules promulgated pursuant to this Subpart.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019.*

##### **§ 40:1664.13** Notice, hearing, and revocation of certificate or license {#sec-40-1664.13 omnilex-key=us-la-statutes--rs-title-40--40:1664.13}

The license as provided for in this Subpart may be revoked or suspended after notice and hearing in accordance with the Administrative Procedure Act and upon a finding that a person or firm:

(1) Willfully violated any provision of this Subpart or any rule, regulation, or order adopted hereunder.

(2) Used deceit or false or misleading information in obtaining any certificate or license pursuant to this Subpart.

(3) Has been professionally incompetent or grossly negligent.

(4) Has assisted any person attempting to evade the provisions of this Subpart, or any rules or regulations adopted hereunder.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007.*

##### **§ 40:1664.14** Penalties {#sec-40-1664.14 omnilex-key=us-la-statutes--rs-title-40--40:1664.14}

A.(1) In addition to or in lieu of administrative sanctions provided in this Subpart, the state fire marshal is empowered to issue an order to any person or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Subpart, directing such person or firm to cease and desist from such activity, conduct, or practice. Such order shall be issued in the name of the state of Louisiana under the official seal of the state fire marshal.

(2) If the person or firm to whom the state fire marshal directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice immediately after service of such cease and desist order by certified mail or personal service, the state fire marshal may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining such person or firm from engaging in any activity, conduct, or practice prohibited by this Subpart.

(3) Upon a proper showing by the state fire marshal that such person or firm has engaged in any activity, conduct, or practice prohibited by this Subpart, the court shall issue a temporary restraining order restraining the person or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity, conduct, or practices.

(4) A temporary restraining order, preliminary injunction, or permanent injunction issued under this Subpart shall not be subject to being released upon bond.

(5) In the suit for an injunction, the state fire marshal may demand of the defendant a penalty of fifty dollars per day for each violation, reasonable attorney fees, and court costs. Judgment for penalty, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made absolute.

B. If the state fire marshal finds that any person or firm has violated any provision of this Subpart or any regulation, rule, or order issued hereunder, he may impose upon that person or firm a fine in an amount not to exceed five thousand dollars for each violation.

C. Procedures for the imposition of fines and appeals of such fines shall be governed by the Administrative Procedure Act.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.*

##### **§ 40:1664.15** Purchased life safety and property protection system {#sec-40-1664.15 omnilex-key=us-la-statutes--rs-title-40--40:1664.15}

A. Each firm engaged in life safety and property protection contracting who sells a life safety or property protection system to a consumer shall return the lockout, installer, or programming code of the system to the factory default setting within five business days following notification when the consumer cancels the contract with the firm provided all original contractual obligations are fulfilled.

B. In addition to the penalties provided in this Subpart, any life safety and property protection contracting firm who violates this Section shall have its license revoked and be subject to a civil fine pursuant to this Subpart.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.*

##### **§ 40:1664.16** Effect on local regulation, effective date {#sec-40-1664.16 omnilex-key=us-la-statutes--rs-title-40--40:1664.16}

A. Except for requirements which pertain to all types of businesses generally, no
parish or municipality shall enact any new ordinance, rule, or regulation regulating firms and
persons subject to licensure pursuant to this Subpart.

B. This Subpart shall supersede any existing parish or municipal ordinance, rule, or
regulation requiring certification or licensure of firms and persons engaged in life safety and
property protection contracting and such ordinances, rules, and regulations shall be null and
void and have no effect.

C. This Subpart shall not prevent local governing authorities of any municipality or
parish from enacting ordinances governing false alarm activations and responses. However,
security firms and its employees and security monitoring firms and its employees shall not
be subjected to or liable for civil penalties and fines assessed or imposed by a municipality
or parish for false alarms.

*Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2018, No. 598, §1, eff. May 31, 2018.*

##### **§ 40:1664.17** Local governing authorities; exemption {#sec-40-1664.17 omnilex-key=us-la-statutes--rs-title-40--40:1664.17}

A municipality or parish that has adopted and is enforcing a nationally recognized
standard or code for conveyance devices may continue to enforce such standard or code, and
in such instances, no additional inspections shall be required under the provisions of this
Subpart; however, such standard or code shall contain requirements that are substantially
equal to the fire marshal's code with respect to conveyance devices.

*Acts 2018, No. 598, §1, eff. January 1, 2019.*

### **CHAPTER 7-A** FIREMEN AND LAW ENFORCEMENT OFFICERS - SURVIVOR BENEFITS

##### **§ 40:1665** Financial security for surviving spouses and children of firemen in certain cases {#sec-40-1665 omnilex-key=us-la-statutes--rs-title-40--40:1665}

A. It is hereby declared to be the public policy of this state, under its police power,
to provide for the financial security of surviving spouses and dependent children of firemen
when firemen suffer death as a result of any injury arising out of and in the course of the
performance of their official duties as firemen, or arising out of any activity while on or off
duty in the protection of life or property or as provided in Paragraph (C)(3) of this Section.

B. Firemen, within the meaning of this Section, shall include all paid, regularly
employed firemen and all volunteer firemen of any municipality, parish, federally or state-
recognized Indian tribe or tribal unit, or fire protection district maintaining a fire department,
or of any volunteer fire department. Firemen shall also include any firefighter who is a
Louisiana resident and is employed by or under the control of one of the following federal
agencies if the injury resulting in death occurred in Louisiana: the Department of Defense,
the Department of Veterans Affairs, the Department of Agriculture, the Department of the
Interior, or the Federal Emergency Management Administration.

C.(1) In any case in which a fireman suffers death as a result of an injury arising out
of and in the course of the performance of his official duties as a fireman, or arising out of
any activity while on or off duty, in his capacity as a fireman, in the protection of life and
property, the sum of two hundred fifty thousand dollars shall be paid to the surviving spouse
of the fireman or, if not survived by a spouse, the sum of two hundred fifty thousand dollars
shall be paid to the surviving child or children or, if not survived by a spouse nor a child or
children, then the sum of two hundred fifty thousand dollars shall be paid to the named
beneficiary listed on the fireman's designation form or, if there is no beneficiary designation
form at the time of the fireman's death, and no surviving spouse nor a child or children, then
the sum of two hundred fifty thousand dollars shall be paid to the fireman's estate. Each
fireman shall complete a beneficiary designation form. In addition, if the fireman is survived
by a dependent child or children, the sum of fifty thousand dollars shall be paid for each of
the dependent children, such sums to be paid to the duly appointed and qualified tutor or the
legal representative of the child or children. Payment shall be made by the state risk manager
out of the Self-Insurance Fund created in R.S. 39:1533(A).

(2) In order to facilitate the operation of this Section, within one year after the
employing authority has knowledge of the death of a fireman under circumstances covered
by this Section or under circumstances believed by him or by the surviving spouse, parent
or parents, or the legal representative of an eligible surviving child or children to be covered
by the provisions of this Section, he shall notify the Law Enforcement Officers and Firemen's
Survivor Benefit Review Board of the death, the date thereof, and the circumstances
surrounding the death, and shall furnish such other information as may be requested by the
Law Enforcement Officers and Firemen's Survivor Benefit Review Board.

(3) If a fireman is engaged in extinguishing a fire, or protecting and saving life or
property due to a fire or other emergency, and such activities would be considered to be
within the course and scope of his employment, except for the fact that the fireman was off
duty or that the location of the fire was outside of the jurisdiction within which the fireman
was employed or his area of responsibility, such activities are considered to be within the
scope of the performance of his official duties for purposes of Paragraph (1) of this
Subsection. This Paragraph shall not apply if the fireman is performing activities for which
he is paid by another employer or contractor.

(4) If, at the time of his death, the fireman is not married to the other natural parent
of any minor child or children who are entitled to receive a payment pursuant to this Section,
the payment shall be made to any person designated as a trustee by the fireman on a form
provided by his employer.

D-F. Repealed by Acts 1989, No. 308, §3.

Added by Acts 1968, No. 387, §1. Amended by Acts 1970, No. 479, §1; Acts 1975,
1st Ex.Sess., No. 27, §1, eff. Feb. 20, 1975; Acts 1980, No. 638, §1; Acts 1982, No. 595, §1,
eff. July 22, 1982; Acts 1989, No. 308, §§1, 3; Acts 1992, No. 505, §1, eff. June 22, 1992;
Acts 1999, No. 623, §1, eff. June 30, 1999.; Acts 2004, No. 272, §1; Acts 2005, No. 321, §1;
Acts 2005, No. 407, §1; Acts 2006, No. 480, §1; Acts 2008, No. 475, §1, eff. June 25, 2008;
Acts 2013, No. 238, §1; Redesignated from R.S. 33:1981. See Acts 2014, No. 158, §§3 and
7; Acts 2024, No. 283, §1; Acts 2024, No. 559, §2.

NOTE: See Acts 2006, No. 480, §2, relative to retroactive and prospective
application.

##### **§ 40:1665.1** Financial security for surviving spouses and children of firemen and law enforcement officers; death by heart attack or stroke; presumption {#sec-40-1665.1 omnilex-key=us-la-statutes--rs-title-40--40:1665.1}

A. In addition to the qualifying events enumerated in R.S. 40:1665 and 1665.2, a
fireman or law enforcement officer, as defined in R.S. 40:1665.2(B) whose death is the direct
and proximate result of a heart attack or a stroke shall be presumed to have died as the direct
and proximate result of an injury sustained in the performance of his official duties for the
purposes of R.S. 40:1665 and 1665.2 if:

(1) While on duty, the fireman or law enforcement officer engaged in an activity
which was stressful or physical including but not limited to fire suppression, rescue,
hazardous material response, foot pursuits, use of force encounters, hostage and victim
rescues, tactical missions, emergency medical services, disaster relief, or other emergency
response activity, or participated in a training exercise that involved stressful or strenuous
physical activity.

(2) The fireman or law enforcement officer died as a result of a heart attack or stroke
suffered while engaging or participating, or on duty after engaging or participating, in the
activities or exercises described in Paragraph (1) of this Subsection or no later than twenty-four hours after engaging or participating in the activities or exercises described in Paragraph
(1) of this Subsection.

B. The presumption created by this Section shall be irrebuttable despite medical
evidence to the contrary.

C. The surviving spouse and children of a fireman or law enforcement officer whose
death meets the requirements under Subsection A of this Section shall be eligible for the
payment of benefits enumerated in R.S. 40:1665 for firemen or R.S. 40:1665.2 for law
enforcement officers.

D. Payment of benefits pursuant to this Section shall be made according to the
provisions of R.S. 40:1665 and 1665.2 and shall be subject to review by the Law
Enforcement Officers and Firemen's Survivor Benefit Review Board.

E. Payments pursuant to this Section shall be made by the state risk manager from
the Self-Insurance Fund provided for in R.S. 39:1533.

*Acts 2014, No. 246, §1; Redesignated from R.S. 33:1981.1. See Acts 2014, No. 158, §§3 and 7; Acts 2021, No. 171, §1.*

#### **SUBPART A-1** PAYMENT TO SURVIVING SPOUSE AND CHILDREN

##### **§ 40:1665.2** Financial security for surviving spouses and children of law enforcement officers in certain cases {#sec-40-1665.2 omnilex-key=us-la-statutes--rs-title-40--40:1665.2}

A. It is hereby declared to be the public policy of this state, under its police power,
to provide for the financial security of surviving spouses and dependent children of law
enforcement officers where such officers suffer death as a result of any injury arising out of
and in the course of the performance of his official duties as such officer, or arising out of
any activity, while on or off duty, in the protection of life or property.

B. Law enforcement officers, within the meaning of this Section, shall include the
following:

(1) All sheriffs and deputy sheriffs in the state employed on a full time basis.

(2) All members of the state police thus employed including any cadet participating
in the Louisiana State Police Training Academy on or after July 1, 2018, when the cadet has
been assigned and is performing police duties or training, even though the cadet has not been
commissioned as an enforcement agent.

(3) All municipal police officers employed on a full-time basis.

(4) All enforcement personnel of the Louisiana Wildlife and Fisheries Commission
including any cadet participating in the Department of Wildlife and Fisheries Enforcement
Training Academy on or after July 1, 2018, when the cadet has been assigned and is
performing wildlife enforcement duties or training, even though the cadet has not been
commissioned as an enforcement agent.

(5) All state probation and parole officers, including juvenile probation and parole
officers.

(6) All security personnel and cottage parents working at state adult and juvenile
correctional institutions.

(7) Any police cadet of a political subdivision, as defined in Article VI, Section 44
of the Constitution of Louisiana of 1974, when such cadet has been assigned and is
performing police duties, even though said cadet has not been commissioned as a police
officer therein.

(8) All correctional officers and cottage parents employed at any facility under the
jurisdiction of the Department of Public Safety and Corrections.

(9) All members of the Capitol Police.

(10) All reserve or auxiliary law enforcement officers. For the purposes of this
Paragraph, a reserve or auxiliary law enforcement officer shall be defined as a volunteer,
non-regular, sworn member of a law enforcement agency who serves with or without
compensation and has regular police powers while functioning as an agency's representative,
and who participates on a regular basis in agency activities including, but not limited to those
pertaining to crime prevention or control, and the preservation of the peace and enforcement
of the law.

(11) All full-time harbor police of any port, harbor and/or terminal district of this
state.

(12) All members of the Louisiana National Guard who are killed in the line of duty
while on active state duty with the National Guard providing assistance during a period of
civil disturbance or natural disaster or imminent danger thereof.

(13) Commissioned Security officers of the Department of Public Safety.

(14) All commissioned state park wardens.

(15) All investigators of the investigation division of the Louisiana Department of
Justice and the Elections Compliance Unit of the Louisiana Department of State.

(16) All city marshals and city constables and their deputies and all constables of
justice of the peace courts and their deputies.

(17) Federal law enforcement officers or employees whose permanent duties include
making arrests, performing searches and seizures, executing criminal arrest warrants, and
executing civil seizure warrants.

(18) University and college police officers at state universities and colleges.

(19) Personnel who are employed as police officers by educational institutions which
are members of the Louisiana Association of Independent Colleges and Universities.

(20) On and after January 1, 2011, all state employees conducting investigations,
serving subpoenas, warrants, pleadings, or other orders of the court, or collecting evidence
concerning the affairs of a person upon a reasonable belief that the person has engaged in,
or is engaging in, an act or practice that violates state law.

(21) All full-time tribal law enforcement officers regularly employed by a federally
or state-recognized Indian tribe or tribal unit.

(22) All enforcement and emergency services personnel of the office of the state fire
marshal.

C.(1) In any case in which a law enforcement officer suffers death as a result of any
injury arising out of and in the course of the performance of his official duties as such officer,
or arising out of any activity, while on or off duty, in his capacity as a law enforcement
officer, in the protection of life or property, the sum of two hundred fifty thousand dollars
shall be paid to the surviving spouse of each officer or, if not survived by a spouse, the sum
of two hundred fifty thousand dollars shall be paid to the surviving child or children or, if not
survived by a spouse nor a child or children, then the sum of two hundred fifty thousand
dollars shall be paid to the named beneficiary listed on the officer's beneficiary designation
form or, if there is no designation form at the time of the officer's death, and no surviving
spouse nor a child or children, then the sum of two hundred fifty thousand dollars shall be
paid to the officer's estate. Each officer shall complete a beneficiary designation form. In
addition, if the officer is survived by a dependent child or children, the sum of fifty thousand
dollars shall be paid for each of the dependent children, such sums to be paid to the duly
appointed and qualified tutor or the legal representative of the child or children. Payment
shall be made by the state risk manager out of the Self-Insurance Fund created in R.S.
39:1533(A).

(2) In order to facilitate the operation of this Section, within one year after the
employing authority has knowledge of the death of a law enforcement officer under
circumstances covered by this Section or under circumstances believed by the employing
authority or by the surviving spouse or the legal representative of an eligible surviving child
or children to be covered by the provisions of this Section, he shall notify the Law
Enforcement Officers and Firemen's Survivor Benefit Review Board of the death, the date
thereof, and the circumstances surrounding the death, and shall furnish such other
information as may be requested by the Law Enforcement Officers and Firemen's Survivor
Benefit Review Board.

(3) If, at the time of his death, the officer is not married to the other natural parent
of any minor child or children who are entitled to receive a payment pursuant to this Section,
the payment shall be made to any person designated as a trustee by the officer on a form
provided by his employer.

(4) The provisions of Paragraph (1) of this Subsection apply to a law enforcement
officer identified in Paragraph (B)(17) of this Section only if the injury was sustained in
Louisiana while the officer was participating in the enforcement of Louisiana laws.

D. Notwithstanding the provisions of R.S. 49:112 or of any other law to the contrary,
any person or persons who were entitled to claim benefits under the provisions of Article
XIV, Section 15.2, of the Constitution of Louisiana of 1921^1^, for a surviving spouse and
dependent children of a law enforcement officer, who suffered death from physical violence
while engaged in the direct apprehension of a person during the course of the performance
of his duties, may assert such claim according to the procedures provided by this Section^1^ but
according to the factual criteria required and limited to the amount of the benefits provided
for such survivors under said Article XIV, Section 15.2, at the time of the officer's death.

E. Honorary law enforcement officers shall not be considered or interpreted to be law
enforcement officers under this Section.

F. In addition to the provisions of Subsection A of this Section, the surviving spouse
or child of a law enforcement officer who is a commissioned law enforcement officer and
who is certified by the Council on Peace Officers Standards and Training at the time of his
death shall be entitled to the payments provided for in Paragraph (C)(1) of this Section, if
either of the following occur:

(1) The officer was traveling to or from a public safety emergency or was responding
to a request for law enforcement assistance regarding the health, safety, or welfare of the
public.

(2) The officer was traveling to or from his residence and his authorized work area
while using a law enforcement vehicle provided by his employing agency.

G.(1) The employer of a law enforcement officer who suffers death as a result of any
injury arising out of and in the course of the performance of his official duties as an officer,
or arising out of any activity while on or off duty in his capacity as a law enforcement officer
in the protection of life or property shall provide and pay for health insurance coverage for
the law enforcement officer's surviving spouse for two years following the death of the law
enforcement officer.

(2)(a) The employer of a law enforcement officer who suffers death as a result of any
injury arising out of and in the course of the performance of his official duties as an officer,
or arising out of any activity while on or off duty in his capacity as a law enforcement officer
in the protection of life or property shall provide and pay for health insurance coverage for
the law enforcement officer's child, stepchild, or adopted child who is either:

(i) Under the age of eighteen.

(ii) Under the age of twenty-three and enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or university.

(iii) Physically or mentally disabled.

(b) The employer shall provide and pay for the health insurance provided pursuant
to this Paragraph for two years following the death of the law enforcement officer or until
the child no longer meets the qualifications provided in this Paragraph, whichever comes
first.

(3) If health insurance coverage is offered by the employer to active members, the
health insurance provided to a surviving spouse or child pursuant to this Subsection shall be
equal in coverage to that offered to active members.

(4)(a) The surviving spouse shall have the option to decline the health insurance
coverage provided in Paragraph (1) of this Subsection.

(b) The surviving parent or legal guardian of each child, stepchild, or adopted child
of the deceased law enforcement officer shall have the option to decline the health insurance
coverage provided in Paragraph (2) of this Subsection for the child.

Added by Acts 1975, 1st Ex.Sess., No. 26, §1, eff. Feb. 20, 1975. Amended by Acts
1975, No. 448, §1; Acts 1975, No. 806, §1; Acts 1976, No. 532, §1; Acts 1976, No. 666, §1;
Acts 1979, No. 382, §1; Acts 1979, No. 418, §1; Acts 1980, No. 638, §1; Acts 1981, No.
377, §1; Acts 1982, No. 507, §1, eff. July 22, 1982; Acts 1982, No. 595, §1, eff. July 22,
1982; Acts 1983, No. 206, §1; Acts 1988, No. 595, §1, eff. July 14, 1988; Acts 1989, No.
308, §§1, 3; Acts 1992, No. 88, §1; Acts 1992, No. 175, §1; Acts 1993, No. 422, §1; Acts
1995, No. 852, §1; Acts 1999, No. 288, §1; Acts 1999, No. 623, §1, eff. June 30, 1999; Acts
2004, No. 816, §1; Acts 2005, No. 35, §1; Acts 2005, No. 321, §1; Acts 2005, No. 407, §1;
Acts 2006, No. 480, §1; Acts 2008, No. 475, §1, eff. June 25, 2008; Acts 2011, No. 157, §1,
eff. June 24, 2011; Acts 2012, No. 280, §1, eff. May 25, 2012; Acts 2012, No. 866, §3, eff.
Jan. 1, 2013; Acts 2013, No. 238, §1; Acts 2014, No. 246, §1; Redesignated to R.S.
40:1665.2. See Acts 2014, No. 158, §§3 and 7; Acts 2018, No. 558, §1; Acts 2018, No. 617,
§2, eff. May 30, 2018; Acts 2019, No. 378, §1; Acts 2024, No. 283, §1.

^1^As appears in enrolled bill.

NOTE: See Acts 1999, No. 1021 relative to a suspension of the prescriptive
period for a minor to establish filiation for the purpose of survivor benefits.

NOTE: See Acts 2006, No. 480, §2, relative to retroactive and prospective
application.

NOTE: See Acts 2012, No. 280, §3 regarding retroactive effect of
Subsection F as enacted by the Act.

##### **§ 40:1665.3** Law Enforcement Officers and Firemen's Survivor Benefit Review Board; payment of claims {#sec-40-1665.3 omnilex-key=us-la-statutes--rs-title-40--40:1665.3}

A. There is hereby created, within the Department of Justice, the Law Enforcement Officers and Firemen's Survivor Benefit Review Board, hereinafter referred to as the "board", which shall consist of the attorney general, the legislative auditor, and the state risk manager or their named designees. The board shall also include an active P.O.S.T.-certified peace officer as defined in R.S. 40:2402, to be appointed by the governor. The board shall hear and decide by unanimous vote all claims for survivor benefits within sixty days after documentation is received. The board may request any information necessary to make a determination of eligibility for survivor benefits. Nothing in this Section shall prevent the board from initiating proceedings before being notified by the employing authority.

B. Within ten days after the board has reached its decision, it shall notify the spouse and/or dependent children of its decision by certified mail. If the board denies the claim, the spouse and/or dependent children shall have one year from the date of denial to file suit against the state through the board in the parish where the incident that brought about the death occurred. The date of denial shall be calculated as one year from date of receipt of the decision from the board.

C.(1) "Spouse", as used in this Section, means the lawfully married spouse of any law enforcement officer or fireman from whom there has not been obtained a judicial separation of bed and board or divorce at the time of the law enforcement officer's or fireman's death.

(2) "Child" or "children", as used in this Section, means any unmarried child under the age of eighteen years, or an unmarried student under the age of twenty-three years, who is the issue of a marriage of a law enforcement officer or fireman; the legally adopted child of a law enforcement officer or fireman; the natural child of a female law enforcement officer or fireman; the child of a law enforcement officer or fireman if a court of competent jurisdiction has made an order of filiation declaring the paternity of such law enforcement officer or fireman for the child; or the child of a male law enforcement officer or fireman who has been acknowledged in accordance with law by the male law enforcement officer or fireman. In addition, the term "child" or "children" shall include a child of any age who meets the definition of "child" or "children", excepting the age requirement, who has a physical or mental disability, if medical or psychological information indicates such child is totally and permanently disabled and who is solely dependent upon the law enforcement officer or fireman for support.

Acts 1989, No. 308, §1; Acts 1993, No. 940, §1; Acts 2004, No. 26, §12; Acts 2012, No. 280, §1, eff. May 25, 2012; Redesignated from R.S. 33:1947. See Acts 2014, No. 158, §§3 and 7.

NOTE: See Acts 1999, No. 1021 relative to a suspension of the prescriptive period for a minor to establish filiation for the purpose of survivor benefits.

##### **§ 40:1665.4** Duty firearm of deceased law enforcement officer {#sec-40-1665.4 omnilex-key=us-la-statutes--rs-title-40--40:1665.4}

A. An immediate family member listed in Subsection B of this Section of a law
enforcement officer as defined by R.S. 40:1665.2(B)(1), (2), (3), and (18) who suffers death
has the right of first refusal to purchase his duty firearm at fair market value, subject to the
approval of the head of the law enforcement agency, unless the family member is prohibited
from possessing a firearm under the provisions of R.S. 14:95.1 or any other state or federal
law.

B. Unless the deceased officer has designated a specific immediate family member
as the beneficiary to purchase his firearm upon his death, the following immediate family
members have the right of first refusal to purchase the firearm in the following order of
precedence:

(1) The surviving spouse of the deceased officer.

(2) A child of the deceased officer. If more than one child seeks to purchase the
firearm, the oldest child who seeks to purchase the firearm precedes all other children who
seek to purchase the firearm in the right of first refusal.

(3) A parent of the deceased officer.

(4) A sibling of the deceased officer. If more than one sibling seeks to purchase the
firearm, the oldest sibling who seeks to purchase the firearm precedes all other siblings who
seek to purchase the firearm in the right of first refusal.

C. If the firearm is part of an ongoing investigation or is being used or is needed as
evidence, the provisions of this Subsection do not apply until the firearm is no longer part
of the investigation or is no longer needed or being used as evidence. In such case, the
immediate family member with the right of first refusal to purchase the firearm may request
the release of the firearm pursuant to R.S. 15:41.

*Acts 2017, No. 332, §2; Acts 2019, No. 162, §1.*

### **CHAPTER 7-B** FIREMEN AND LAW ENFORCEMENT OFFICERS - SUPPLEMENTAL SALARIES

#### **PART I** FIREMEN - SUPPLEMENTAL SALARIES

##### **§ 40:1666** Purpose of law {#sec-40-1666 omnilex-key=us-la-statutes--rs-title-40--40:1666}

This law is enacted by the legislature in the exercise of the police power of the state, to promote the public welfare and safety, by providing better protection from fire and other conflagrations.

*Acts 1963, No. 82, §1; Redesignated from R.S. 33:2001. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1666.1** Extra compensation {#sec-40-1666.1 omnilex-key=us-la-statutes--rs-title-40--40:1666.1}

A.(1) In addition to the compensation now paid by any municipality, parish, fire
protection district, or other political subdivision maintaining a fire department, or by the
Chitimacha Tribe of Louisiana or the Coushatta Tribe of Louisiana, hereinafter referred to
as "tribe", or by any nonprofit corporation contracting with any such political subdivision to
provide fire protection services to every paid, regularly employed employee, as distinguished
from part-time employees and volunteers of such fire department, who are carried on the
payroll of such fire department, and every employee as defined in this Subsection who is paid
from funds of the parish or municipality or tribe obtained through lawfully adopted bond
issues, lawfully assessed taxes, or other funds available for such purpose, either directly or
through a board or commission set up by law or ordinance of the parish or municipality or
tribe, shall be paid extra compensation by the state in the amount of six hundred dollars per
month for each such paid employee who has completed or who hereafter completes one year
of service. The provisions of Paragraph (5) of this Subsection shall govern the requirements
for length of service for employees who were ordered to active military duty in the armed
services of the United States during their initial term of employment.

(2) The term "employee" as used herein expressly excludes any person hired
primarily to perform secretarial and clerical duties, switchboard operators, secretaries, record
clerks, maintenance personnel, and mechanics; it shall expressly exclude employees hired
after March 31, 1986, who have not completed and passed a certified fireman's training
program from a Pro Board accredited agency or an International Fire Service Accreditation
Congress approved entity equal to National Fire Protection Association Standard 1010 or
1001 Firefighter I Certification validated by the Louisiana Fire and Emergency Training
Academy in accordance with R.S. 40:1541 et seq.; and it shall also expressly exclude
part-time employees and volunteers of such municipal, parish, tribe, or fire protection district
fire departments.

(3)(a) A municipality, parish, fire protection district, or other political subdivision
maintaining a fire department, or the Chitimacha Tribe of Louisiana or the Coushatta Indian
Tribe of Louisiana, or any nonprofit corporation contracting with any such political
subdivision to provide fire protection services may enhance the first-year salary of every
paid, regularly employed employee in the amount equivalent to the state supplemental pay,
or any portion thereof, that the employee shall be entitled to be paid after one year of service
pursuant to this Part, so long as the first-year salary, exclusive of the enhancement, meets the
minimum wage obligations of the Fair Labor Standards Act, 29 U.S.C. 201 et seq.

(b) Any such municipality, parish, fire protection district, or other political
subdivision maintaining a fire department, or the Chitimacha Tribe of Louisiana or the
Coushatta Indian Tribe of Louisiana, or nonprofit corporation contracting to provide fire
protection services shall disclose, in writing, at the time the employee is hired that such
enhancement shall be paid only during the first year of employment.

(c) Notwithstanding any other provision of law to the contrary, no municipality,
parish, fire protection district, or other political subdivision maintaining a fire department,
or the Chitimacha Tribe of Louisiana or the Coushatta Indian Tribe of Louisiana, or any such
nonprofit corporation contracting to provide fire protection services, shall be subject to
penalty for reducing the salary of any employee whose salary has been enhanced pursuant
to this Paragraph for one year by an amount not exceeding the amount of such enhancement.
Any such reduction shall not be void as provided in R.S. 40:1666.4.

(4)(a) Every fire protection officer who is employed on a full-time basis by a port
authority headquartered in the city of New Orleans shall be paid by the state extra
compensation in the amount of six hundred dollars per month in addition to the
compensation now paid to him by his employer out of self-generated revenue attributable to
the agency employing such fire protection officers. To be eligible for the extra
compensation, each such fire protection officer shall have completed one year of service, and
any such fire protection officer hired after March 31, 1986, shall also have completed and
passed a certified fireman's training program from a Pro Board accredited agency or an
International Fire Service Accreditation Congress approved entity equal to National Fire
Protection Association Standard 1010 or 1001 Firefighter I Certification validated by the
Louisiana Fire and Emergency Training Academy in accordance with R.S. 40:1541 et seq.,
or other state or federally approved maritime firefighter training program.

(b) In the event that supplemental pay is increased as provided for in Paragraph (1)
of this Subsection, then the same amount of supplemental pay shall be increased for the
officers provided for in this Paragraph.

(5)(a) An employee who was ordered to active military duty in the armed services
of the United States before the completion of one year of service, and who had completed
and passed a certified fireman's training program required under this Subsection prior to such
military service, shall be eligible to receive extra compensation beginning one year from his
initial hiring date.

(b) An employee who was ordered to active military duty in the armed services of
the United States before the completion of one year of service, and who had not yet
completed and passed a certified fireman's training program required under this Subsection
prior to such military service, shall be eligible to receive extra compensation immediately
upon returning to employment and completion of a certified fireman's training program
required under this Subsection.

(6)(a) Every fire protection officer who is employed on a full-time basis by the
Plaquemines Port Harbor and Terminal District shall be paid by the state extra compensation
in the amount of six hundred dollars per month in addition to the compensation now paid to
him by his employer out of self-generated revenue attributable to the agency employing the
fire protection officers. To be eligible for the extra compensation, each fire protection officer
shall have completed one year of service, and any fire protection officer hired after March
31, 1986, shall also have completed and passed a certified fireman's training program from
a Pro Board accredited agency or an International Fire Service Accreditation Congress
approved entity equal to National Fire Protection Association Standard 1010 or 1001
Firefighter I Certification validated by the Louisiana Fire and Emergency Training Academy
in accordance with R.S. 40:1541 et seq., or other state or federally approved maritime
firefighter training program.

(b) In the event that supplemental pay is increased as provided for in Paragraph (1)
of this Subsection, then the same amount of supplemental pay shall be increased for the
officers provided for in this Paragraph.

(7)(a) Every fire protection officer who is employed on a full-time basis by the Port
of South Louisiana shall be paid by the state extra compensation in the amount of six
hundred dollars per month in addition to the compensation now paid to him by his employer
out of self-generated revenue attributable to the agency employing the fire protection officers.
To be eligible for the extra compensation, each fire protection officer shall have completed
one year of service, and any fire protection officer hired after March 31, 1986, shall also have
completed and passed a certified fireman's training program from a Pro Board accredited
agency or an International Fire Service Accreditation Congress approved entity equal to
National Fire Protection Association Standard 1010 or 1001 Firefighter I Certification
validated by the Louisiana Fire and Emergency Training Academy in accordance with R.S.
40:1541 et seq., or other state or federally approved maritime firefighter training programs.

(b) In the event that supplemental pay is increased as provided for in Paragraph (1)
of this Subsection, then the same amount of supplemental pay shall be increased for the
officers provided for in this Paragraph.

B. In computing the period of service required by Subsection A of this Section, prior
service of employees who have returned or who hereafter return to such service shall be
included; provided that service in any municipal, parish, tribe, or fire protection district fire
department, whether with the same fire department or not, shall be used in computing such
prior service. Notwithstanding the provisions of Subsection A of this Section to the contrary,
any employee who received state supplemental pay prior to March 31, 1986, and returns to
such service shall be entitled to receive state supplemental pay whether or not such employee
completes and passes a certified fireman's training program from a Pro Board accredited
agency or an International Fire Service Accreditation Congress approved entity equal to
National Fire Protection Association Standard 1010 or 1001 Firefighter I Certification
validated by the Louisiana Fire and Emergency Training Academy in accordance with R.S.
40:1541 et seq.

C.(1) Notwithstanding any other provision of law to the contrary, the compensation
for tribal officers of the Chitimacha Tribe of Louisiana shall be for no more than ten such
firemen.

(2) Notwithstanding any other provision of law to the contrary, the compensation for
tribal officers of the Coushatta Indian Tribe of Louisiana shall be for no more than ten such
firemen.

*Acts 1963, No. 82, §2A. Amended by Acts 1964, No. 349, §1; Acts 1968, No. 588, §1; Acts 1968, No. 614, §1; Acts 1970, No. 533, §1; Acts 1971, No. 4, §1; Acts 1973, No. 187, §1; Acts 1975, No. 496, §1; Acts 1975, No. 740, §1; Acts 1975, No. 761, §1; Acts 1979, No. 236, §8, eff. Sept. 1, 1979; Acts 1980, No. 634, §2, eff. Sept. 1, 1980; Acts 1981, No. 525, §1; Acts 1986, No. 657, §1, eff. July 1, 1986; Acts 1986, No. 861, §1, eff. July 1, 1986; Acts 1991, No. 1000, §1, eff. July 24, 1991; Acts 1992, No. 1063, §1, eff. July 14, 1992; Acts 1996, No. 37, §1, eff. July 1, 1996; Acts 1997, No. 513, §1, eff. July 1, 1997; Acts 1997, No. 853, §1; Acts 1999, No. 964, §1, eff. July 1, 1999; Acts 2001, No. 521, §1, eff. July 1, 2001; Acts 2006, No. 789, §1, eff. July 1, 2006; Acts 2007, No. 275, §1, eff. Nov. 19, 2007; Acts 2007, No. 281, §1, eff. July 1, 2007; Acts 2008, No. 664, §1, eff. July 1, 2009; Acts 2008, No. 729, §1; Acts 2009, No. 387, §1, eff. July 1, 2009; Acts 2012, No. 453, §1; Redesignated from R.S. 33:2002. See Acts 2014, No. 158, §§3 and 7; Acts 2014, No. 869, §1; Acts 2015, No. 88, §1, eff. June 19, 2015; Acts 2019, No. 95, §1, eff. July 1, 2020; Acts 2022, No. 231, §3; Acts 2023, No. 298, §1, eff. July 1, 2023; Acts 2023, No. 320, §2, eff. July 1, 2023; Acts 2024, No. 513, §1, eff. July 1, 2024; Acts 2025, No. 166, §1, eff. June 8, 2025.*

##### **§ 40:1666.2** Special fund {#sec-40-1666.2 omnilex-key=us-la-statutes--rs-title-40--40:1666.2}

For the payment of the supplemental salaries and expenses of administration provided by this Part, there is hereby created a special fund in the treasury of the state of Louisiana, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries and expenses of administration, as provided in R.S. 40:1666.1 and R.S. 40:1666.6.

*Acts 1963, No. 82, §3. Amended by Acts 1967, No. 82, §1; Acts 1973, No. 187, §1; Acts 1974, No. 296, §1; Acts 2014, No. 158, §3, eff. May 22, 2014; Redesignated from R.S. 33:2003. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1666.3** Warrants {#sec-40-1666.3 omnilex-key=us-la-statutes--rs-title-40--40:1666.3}

A. The funds credited and dedicated as provided in this Part shall be disbursed upon
warrants approved and certified by the mayors or parish officials and the fire chiefs of the
respective municipalities or parishes coming under the provisions of this Part, which
warrants shall have attached to them a detailed list of the names of the employees for whose
benefit any particular warrant is drawn, together with the completed years of service of such
employees and such other information as the Department of Public Safety and Corrections
may require.

B. The mayors or parish officials of the respective municipalities or parishes shall
forward the approved and certified warrants to the Department of Public Safety and
Corrections and, after obtaining approval of the board as provided in R.S. 40:1666.8, on the
basis of such warrants, the Department of Public Safety and Corrections shall issue payments
representing the amount to be paid out of state funds to each employee in accordance with
the provisions of this Subsection. The secretary shall issue payments to the individual
employees in whose favor they are drawn by such means as he shall determine.

C. The mayor, fire chief, or other municipal or parish officer of the municipalities
or parishes employing persons entitled to additional compensation from the state under the
provisions of this Part, who is charged with the responsibility of preparing the pay rolls for
such employees, shall include the additional compensation paid by the state to such
employees in the calculation and deduction from the pay of such employees of the sums
required by state or federal law to be withheld by an employer, such as federal income tax
and social security tax or contributions to local retirement systems. Any officials charged
with withholding sums from the pay of the municipal or parish paid fire department
employees shall be further charged with the responsibility of transmitting the sums withheld
in accordance with the law or laws requiring the withholding.

D. The additional compensation paid by the state to municipal or parish fire
department employees as provided by this Part shall be included in the calculation and
computation of the total wages paid to the employee in the determination of employer
contributions to any retirement system or pension fund of which such employee may be a
member as well as in the determination of retirement eligibility and benefits which may
accrue to the employee under any retirement system or pension fund, as well as in the
determination of any other employee benefits, sick leave, or disability pay to which the
employee might be entitled.

*Acts 1963, No. 82, §4A. Amended by Acts 1964, No. 349, §1; Acts 1967, No. 82, §1; Acts 1978, No. 496, §1; Redesignated from R.S. 33:2004. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 298, §1, eff. July 1, 2023.*

##### **§ 40:1666.4** Salary reductions; void {#sec-40-1666.4 omnilex-key=us-la-statutes--rs-title-40--40:1666.4}

Any reduction of the salary of any employee covered by this Part, which is in effect on July 1, 1979, whether by the governing authority or by any pay plan under the provisions of any civil service law, or otherwise, shall be void where it is made solely by reason of the additional compensation by the state, provided for in this Part. Any appropriation made by the legislature which results in a salary adjustment to the state supplemental pay program under this Part shall not have the effect of reducing or replacing any base salary or benefits paid by the local governing authority from other revenue sources.

*Acts 1963, No. 82, §5. Amended by Acts 1979, No. 131, §1; Redesignated from R.S. 33:2005. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1666.5** Fireman's Supplemental Pay Board {#sec-40-1666.5 omnilex-key=us-la-statutes--rs-title-40--40:1666.5}

A. There is hereby created a Fireman's Supplemental Pay Board, hereinafter referred
to as the board, which shall consist of seven persons appointed by the governor. Each
appointment by the governor shall be submitted to the Senate for confirmation. In making
his appointments, the governor shall select three persons who are members in good standing
of the Professional Firefighters Association of Louisiana, two persons who are members in
good standing of the Louisiana State Fireman's Association, and two persons who are
members in good standing of the Louisiana Fire Chiefs Association. The board shall elect
a chairman from its membership to serve a two-year term.

B. Each member of the board shall serve a term concurrent with that of the governor
appointing him.

C. Repealed by Acts 1997, No. 740, §1.

D. If more than thirty days have passed since the governor has been notified of a
vacancy on the board and no new appointment has been made or if more than thirty days
have passed since the governor has taken his oath of office for the term and no initial
appointment for that position for that term has been made, then a member in good standing
of the same firefighter's or fire chief's organization as the member who created the vacancy
or whose term expired, as applicable, shall be appointed by such organization so that the
board shall at all times consist of three persons who are members in good standing of the
Professional Firefighters Association of Louisiana, two persons who are members in good
standing of the Louisiana State Fireman's Association, and two persons who are members
in good standing of the Louisiana Fire Chiefs Association. Any member serving pursuant
to the provisions of this Subsection shall serve until the governor makes his appointment for
such position pursuant to Subsection A of this Section.

E. A majority of the board shall constitute a quorum for the transaction of any and
all business of the board; and the members of the board shall elect their chairman and vice-chairman.

*Acts 1967, No. 82, §2. Amended by Acts 1977, No. 242, §1, eff. July 6, 1977; Acts 1980, No. 770, §1, eff. July 31, 1980; Acts 1997, No. 740, §1; Acts 1999, No. 964, §1, eff. July 1, 1999; Acts 2003, No. 774, §8; Redesignated from R.S. 33:2006. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 138, §1, eff. Jan. 8, 2024.*

##### **§ 40:1666.6** Compensation; expenses {#sec-40-1666.6 omnilex-key=us-la-statutes--rs-title-40--40:1666.6}

The members of the board shall receive per diem in the amount of fifty dollars per
day and shall be reimbursed for actual mileage in attending to official business. The per
diem and the reimbursement of mileage expenses shall be made by the Department of Public
Safety and Corrections and shall be payable out of the special fund provided in R.S.
40:1666.2, provided, however, that no such expense shall be payable unless a residual
remains in the special fund after payment of all amounts due as extra compensation under
the provisions of R.S. 40:1666.1.

*Acts 1967, No. 82, §3. Amended by Acts 1972, No. 21, §1; Acts 1973, No. 159, §1; Acts 1974, No. 318, §1; Acts 1975, No. 768, §1; Acts 1985, No. 990, §1; Redesignated from R.S. 33:2007. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 298, §1, eff. July 1, 2023.*

##### **§ 40:1666.7** Meetings {#sec-40-1666.7 omnilex-key=us-la-statutes--rs-title-40--40:1666.7}

The board shall hold its first meeting within thirty days after its first members are appointed and shall hold a regular meeting once every three months thereafter. Written notice of all meetings shall be given to each member of the board by the chairman of the board at least ten days before each meeting.

*Acts 1967, No. 82, §4. Redesignated from R.S. 33:2008. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1666.8** Determination of eligibility {#sec-40-1666.8 omnilex-key=us-la-statutes--rs-title-40--40:1666.8}

Whenever any question arises as to the eligibility of any person to receive additional pay out of state funds as provided by this Part, the question thereof, together with all of the facts relating thereto, shall be submitted to the board herein created for determination, and the decision of the board with regard to eligibility shall be final.

*Acts 1967, No. 82, §5. Redesignated from R.S. 33:2009. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1666.9** Authorization of back supplemental pay; payment procedure {#sec-40-1666.9 omnilex-key=us-la-statutes--rs-title-40--40:1666.9}

If it is determined by the board that supplemental pay, as provided for by this Part, is due an eligible recipient for back periods of time the board shall certify such due payment to the Joint Legislative Committee on the Budget. Upon receipt of such certification, the Joint Legislative Committee on the Budget may, in its discretion, approve payment of all or a portion of the due supplemental pay from the special fund created in R.S. 40:1666.2.

*Added by Acts 1982, No. 110, §1, eff. July 11, 1982. Redesignated from R.S. 33:2010. See Acts 2014, No. 158, §§3 and 7.*

#### **PART II** LAW ENFORCEMENT OFFICERS - SUPPLEMENTAL SALARIES

##### **§ 40:1667** Purpose {#sec-40-1667 omnilex-key=us-la-statutes--rs-title-40--40:1667}

This law is enacted by the legislature in the exercise of the police power of the state, to promote the public peace and safety, by providing better enforcement of law, and particularly the enforcement of state laws by municipal police officers and full-time commissioned deputy sheriffs.

*Acts 1956, No. 323, §1. Amended by Acts 1971, No. 120, §1; Redesignated from R.S. 33:2218. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1667.1** Rate of compensation; prior service; supplemental monthly compensation; police to receive additional compensation {#sec-40-1667.1 omnilex-key=us-la-statutes--rs-title-40--40:1667.1}

A.(1) In addition to the compensation now paid by any municipality included in this
Part or by the Chitimacha Tribe of Louisiana, the Coushatta Tribe of Louisiana, or the
Tunica-Biloxi Tribe of Louisiana, hereinafter referred to as "tribe" or "tribal", to any police
officer, every police officer employed by any municipality or tribe which employs one or
more police officers who devotes his full working time to law enforcement, and for those
hired after March 31, 1986, who have completed and passed a council-certified training
program as provided in R.S. 40:2405, shall be paid by the state extra compensation in the
amount of six hundred dollars per month for each full-time municipal or tribal law
enforcement officer who has completed or who hereafter completes one year of service.

(2)(a) Every sworn, commissioned law enforcement officer employed on a full-time
basis by a bona fide police agency of the state or its political subdivisions, other than the
Department of Public Safety and Corrections and the Department of Wildlife and Fisheries,
and headquartered in either the city of New Orleans or Lake Charles, and who serves the
welfare of the public in the capacity of a police officer by providing police services to the
general public through effecting arrests, issuing citations, and serving warrants while
patrolling levees, waterways, and riverfront areas, or while patrolling bridges that are within
the boundaries of the city of New Orleans or the city of Lake Charles shall be paid by the
state extra compensation in the amount of six hundred dollars per month in addition to the
compensation now paid to him by his employer out of self-generated revenue attributable to
the agency employing such officers. To be eligible for the extra compensation, each such law
enforcement officer shall have completed one year of service, and any such law enforcement
officer hired after March 31, 1986, shall also have completed and passed a council-certified
training program, as provided in R.S. 40:2405.

(b) For purposes of qualifications, computations, and other applicable provisions of
this Section, references to "municipality" and "municipal" shall include in their meaning the
bona fide police agency of the state or its political subdivisions that employ full-time sworn,
commissioned law enforcement officers made eligible in this Paragraph.

(c) In the event that supplemental pay is increased as provided for in R.S.
40:1667.1(A)(1), and R.S. 40:1667.7(B) and (G), then the same amount of supplemental pay
shall be increased for the officers provided for in Paragraph (2) of Subsection A of this
Section.

(d) In the event that a P.O.S.T.-certified law enforcement officer employed on a full-time basis by the Department of Public Safety and Corrections, the Department of Wildlife
and Fisheries, the division of probation and parole, or a retired state police officer who
receives compensation pursuant to the provisions of R.S. 40:1457, transfers or begins
employment with any other law enforcement agency, the officer shall receive credit for prior
service with the agencies listed in this Subparagraph for purposes of computing the period
of service requirement provided for in Subparagraph (a) of this Paragraph.

(3)(a) A municipality included in this Part or the Chitimacha Tribe of Louisiana, the
Coushatta Indian Tribe of Louisiana, or the Tunica-Biloxi Tribe of Louisiana may enhance
the first-year salary of a law enforcement officer in the amount equivalent to the state
supplemental pay, or any portion thereof, that the officer shall be entitled to be paid after one
year of service pursuant to this Part.

(b) Any municipality or tribe provided for in Subparagraph (a) of this Paragraph shall
disclose, in writing, at the time the law enforcement officer is hired that such enhancement
shall be paid only during the first year of employment.

(c) Notwithstanding any other provision of law to the contrary, no municipality or
tribe provided for in Subparagraph (a) of this Paragraph shall be subject to penalty for
reducing the portion of the salary that represents the state supplemental pay of any law
enforcement officer whose salary has been enhanced pursuant to this Paragraph for one year
by an amount not exceeding the amount of such enhancement. Any such reduction shall not
be void as provided in R.S. 40:1667.4.

B.(1) In computing the period of service required by Subsection A of this Section,
service as a police officer and as chief of police with peace officer standards and training
(POST) certification in the municipality or tribe shall include prior service for those police
officers and chiefs of police who have returned or hereafter return to such service. In
addition, in computing the period of service required by Subsection A of this Section, service
as a police officer and as chief of police in the municipality or tribe shall include prior
service as a commissioned deputy sheriff receiving extra compensation under the provisions
of R.S. 40:1667.7, shall include prior service as a P.O.S.T.-certified law enforcement officer
employed on a full-time basis by the Department of Wildlife and Fisheries or the Department
of Public Safety and Corrections, including the division of probation and parole, shall include
prior service of retired state police officers who received extra compensation under the
provisions of R.S. 40:1457, and shall include prior service as a police officer certified
pursuant to R.S. 40:2405 employed on a full-time basis by an official law enforcement
agency.

(2) In computing the period of service required for the payment of extra
compensation to a commissioned deputy sheriff pursuant to the provisions of R.S. 40:1667.7,
service as a full-time commissioned deputy sheriff shall include prior service as a full-time
police officer receiving extra compensation under the provisions of Subsection A of this
Section, shall include prior service as a P.O.S.T.-certified law enforcement officer employed
on a full-time basis by the Department of Wildlife and Fisheries or the Department of Public
Safety and Corrections, including the division of probation and parole, and shall include prior
service of retired state police officers who received extra compensation under the provisions
of R.S. 40:1457.

C. For purposes of this Part a municipal or tribal police officer entitled to additional
pay out of state funds shall mean and refer to:

(1) Any person employed on a full-time basis by a municipality or tribe and all of
whose compensation out of public funds is paid solely from municipal or tribal funds for
full-time work as a duly commissioned law enforcement officer for the performance of
primary duties which encompass the enforcement of state laws and municipal or tribal
ordinances, including actual enforcement of state and local traffic laws, the making of
physical arrests, testifying in court, bearing arms and other like functions.

(2) Any person employed on a full-time basis by a municipality or tribe and all of
whose compensation out of public funds is paid solely from municipal or tribal funds for
full-time work as a duly commissioned law enforcement officer for the performance of
supervisory police work or work otherwise involving the supervision or direction of line
officers.

(3) Any person employed on a full-time basis by a municipality or tribe and all of
whose compensation out of public funds is paid solely from municipal or tribal funds for
full-time work as a duly commissioned law enforcement officer in providing necessary
services to line officers in the performance of their duties.

(4) Any person employed on a full-time basis by a municipality or tribe and all of
whose compensation out of public funds is paid solely from municipal or tribal funds for
full-time work as a desk sergeant or identification technician; provided, however, that the
persons referred to in this Paragraph are duly commissioned police officers. Such persons
shall be entitled to receive the additional pay out of state funds as provided for in this
Paragraph and shall not be denied the payment of such extra compensation by any of the
provisions of Paragraph (1) of Subsection D of this Section.

(5) Any person employed on a full-time basis by a municipality or tribe and all of
whose compensation out of public funds is paid solely from municipal or tribal funds for
full-time work as a radio dispatcher.

(6) Any municipal or tribal marshal or constable or deputy marshal or constable who
serves as a chief of police or who is employed on a full-time basis by a municipality or tribe
and whose major source of income from public employment is derived from and paid by a
municipality or tribe, including the constable and deputy constables of the First City Court
of the city of New Orleans.

(7) Any person employed on a full-time basis by the city of New Orleans and all of
whose compensation out of public funds is paid solely from funds of the city of New Orleans
for full-time work as a commissioned special officer of the police department of the city of
New Orleans assigned to the Civil District Court for the Parish of Orleans; provided that
there be no more than two persons employed in this capacity.

(8)(a) Any person elected to the office of chief of police of a municipality or tribe
who is otherwise qualified as a duly commissioned law enforcement officer to receive
additional pay out of state funds as provided for in this Part. Any person who has been
sworn in as an elected chief of police and who resigned a position as a duly commissioned
law enforcement officer of a municipality or tribe to run for the office of chief of police and
who was receiving additional pay out of state funds prior to his resignation shall continue to
be entitled to receive additional pay out of state funds, notwithstanding any interruption in
service between his resignation from the position of a duly commissioned law enforcement
officer and his swearing-in as chief of police.

(b) Any person who was sworn in as an elected marshal of a municipality or tribe on
January 1, 1991, who had retired from a position as a duly commissioned law enforcement
officer of a municipality or tribe, and who was receiving supplemental pay out of state funds
prior to his retirement. Such a person shall be entitled to receive supplemental pay out of
state funds beginning on January 1, 1991, which shall be computed including prior years of
law enforcement service completed, and shall not be required to complete a peace officer
training program, notwithstanding any interruption in service between his retirement as a
peace officer and his election to the office of marshal.

(c) Notwithstanding any other provisions of this Section to the contrary, any person
who is sworn in as an elected marshal of a municipality or tribe on January 1, 1997, or
thereafter, shall, immediately upon taking office, be eligible to receive such supplemental
compensation as provided by Subsection A of this Section, if such person meets the POST
certification requirements provided by R.S. 40:2405. The effective date for beginning such
supplemental compensation shall be the date on which such person is sworn into office, if
the certification requirements have been completed within the periods stipulated in R.S.
40:2405(A) or (E).

(d) Any person who was sworn in as an elected chief of police of a municipality or
tribe after having resigned from a position as a duly commissioned law enforcement officer
of a municipality or a tribe, who complied with peace officer training requirements prior to
his resignation, and who was a recipient of supplemental pay out of state funds through the
authorization of the provisions of R.S. 40:2405(C) prior to his resignation. Such a person
shall be entitled to receive supplemental pay out of state funds and shall not be required to
complete a peace officer training program, notwithstanding any interruption in service
between his resignation as a law enforcement officer and his election to the office of chief
of police. The effective date for beginning such supplemental compensation shall be on the
date on which such person is sworn into office.

(9) In the event the additional pay hereunder is denied to any person previously
receiving same, such person shall have the right to an appeal to the board of review which
may reinstate the additional pay, provided notice of such appeal is filed in writing with the
board within thirty days following the denial of the additional pay. The board shall hold a
hearing and render a decision within thirty days of the filing of the notice of appeal.

(10) Notwithstanding any law to the contrary, any person who receives additional
pay out of state funds as provided for in this Part shall continue to receive said additional
state pay during any period of disability resulting from an injury sustained in the line of duty.
The additional pay out of state funds shall continue to be paid to such person until such time
that said person is determined to be permanently disabled and no longer able to return and
perform the duties of his employment, and is separated from his employment either through
normal retirement or is determined to be eligible for disability retirement benefits.

D. For purposes of this Part the following classes of persons, whether or not duly
commissioned as police officers or having the power to make arrests, shall not be deemed
to be a municipal or tribal police officer entitled to additional pay out of state funds:

(1) Personnel employed primarily to perform purely clerical or nonenforcement
duties, including but not necessarily restricted to the following types of duties of persons:
typographical; office machine operators; switchboard operators; filing clerks; stenoclerks;
stenographers; dog pound keepers; school crossing guards; and secretaries except those
classified under the municipal fire and police civil service law and those classified as
secretary to the chief of police in a classified municipal police employees civil service system
or a classified municipal employees civil service system created by legislative Act.

(2) Personnel whose compensation for the performance of law enforcement work is
not paid solely from municipal or tribal funds, except town marshals, city marshals, and
constables employed and paid partially by the municipality or tribe and partially by the
parish; or

(3) Personnel employed as law enforcement officers on less than a full-time basis or
on an hourly basis.

E. Notwithstanding any law to the contrary, the state shall not be liable for any action
of the officers based on the payments of the supplemental pay provided for in this Section.

F.(1) Notwithstanding any other provision of law to the contrary, the compensation
for tribal officers of the Chitimacha Tribe of Louisiana shall be for no more than twenty such
law enforcement officers.

(2) Notwithstanding any other provision of law to the contrary, the compensation for
tribal officers of the Tunica-Biloxi Tribe of Louisiana shall be for no more than thirteen such
law enforcement officers.

(3) Notwithstanding any other provision of law to the contrary, the compensation for
tribal officers of the Coushatta Indian Tribe of Louisiana shall be for no more than eight such
law enforcement officers, subject to approval by the sheriff of Allen Parish.

G. Notwithstanding any other provision of this Section to the contrary, a person who
is employed by a municipality shall include an employee of any consolidated city-parish
government who is paid out of the funds of such consolidated government.

Acts 1956, No. 323, §2. Amended by Acts 1957, No. 12, §1; Acts 1962, No. 253,
§1; Acts 1963, No. 69, §1; Acts 1966, No. 484, §1; Acts 1968, No. 426, §1; Acts 1968, No.
638, §1; Acts 1970, No. 622, §1; Acts 1971, No. 118, §1; Acts 1975, No. 481, §1; Acts 1977,
No. 345, §1; Acts 1979, No. 236, §8, eff. Sept. 1, 1979; Acts 1979, No. 303, §1; Acts 1980,
No. 425, §1; Acts 1980, No. 634, §2, eff. Sept. 1, 1980; Acts 1981, No. 692, §1; Acts 1983,
No. 436, §1; Acts 1986, No. 861, §1, eff. July 1, 1986; Acts 1986, No. 657, §1, eff. July 1,
1986; Acts 1987, No. 683, §1; Acts 1991, No. 924, §1, eff. July 24, 1991; Acts 1992, No.
818, §1, eff. July 8, 1992; Acts 1992, No. 1063, §1, eff. July 14, 1992; Acts 1993, No. 917,
§1; Acts 1996, No. 37, §1, eff. July 1, 1996; Acts 1997, No. 513, §1, eff. July 1, 1997; Acts
1997, No. 541, §1; Acts 1997, No. 810, §1; Acts 1997, No. 868, §2, eff. July 1, 1997; Acts
1999, No. 510, §1, eff. July 1, 1999; Acts 1999, No. 1305, §1, eff. July 1, 1999; Acts 1999,
No. 1375, §1, eff. July 1, 1999; Acts 2001, No. 589, §§1 and 2, eff. July 1, 2001; Acts 2003,
No. 785, §1; Acts 2003, No. 1172, §1, eff. July 1, 2003; Acts 2006, No. 789, §1, eff. July 1,
2006; Acts 2007, No. 275, §1 eff. Nov. 19, 2007; Acts 2007, No. 281, §1, eff. July 1, 2007;
Acts 2008, No. 664, §1, eff. July 1, 2009; Acts 2008, No. 729, §1. Redesignated from R.S.
33:2218.2. See Acts 2014, No. 158, §§3 and 7; Acts 2015, No. 289, §1; Acts 2022, No. 637,
§1; Acts 2023, No. 320, §2, eff. July 1, 2023; Acts 2024, No. 668, §1, eff. June 18, 2024.

NOTE: See Acts 2001, No. 589, §4, relative to effectiveness of certain provisions
of the Act. The compact was signed by the governor on July 20, 2001.

##### **§ 40:1667.2** Special fund {#sec-40-1667.2 omnilex-key=us-la-statutes--rs-title-40--40:1667.2}

A. For the payment of the supplemental salaries provided by R.S. 40:1667.1, there is hereby created a special fund in the treasury of the state of Louisiana, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries, as provided in R.S. 40:1667.1.

B. For the payment of the supplemental salaries provided by R.S. 40:1667.7, there is hereby created an additional special fund in the treasury of the state of Louisiana, to which the annual appropriations hereafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries as provided in R.S. 40:1667.7.

*Acts 1956, No. 323, §3. Amended by Acts 1971, No. 120, §2. Redesignated from R.S. 33:2218.3. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1667.3** Disbursement of funds {#sec-40-1667.3 omnilex-key=us-la-statutes--rs-title-40--40:1667.3}

A.(1) The funds appropriated and dedicated as herein provided shall be disbursed
upon warrants approved and certified by the mayors, chiefs of police, or marshals of the
respective municipalities coming under the provisions of this Part, which warrants shall have
attached to them a detailed list of the names of the individuals for whose benefit any
particular warrant is drawn and such other information as the Department of Public Safety
and Corrections may require.

(2) If a person who is required to sign a warrant fails to sign it, the person shall
forward by certified mail to the Department of Public Safety and Corrections a letter which
includes a justification for the failure to sign the warrant and supporting documentation. The
board of review may approve a warrant that does not include all required signatures.

B. The mayors, chiefs of police, or marshals of the respective municipalities shall
forward the approved and certified warrants to the Department of Public Safety and
Corrections and, on the basis of such warrants, the Department of Public Safety and
Corrections shall issue payments in accordance with the provisions of this Part.

C. The mayor and chief of police or other municipal officer of the municipalities
employing the individuals entitled to additional compensation from the state under the
provisions of this Part, who is charged with the responsibility of preparing the payrolls for
such individuals, shall include the additional compensation paid by the state to such
individuals in the calculation and deduction from the pay of such individuals the sums
required by state or federal law to be withheld by an employer, such as federal income tax
and social security tax or contributions to state or local retirement systems. Any officials so
charged with withholding sums from the pay of the individuals shall be further charged with
the responsibility of transmitting the sums so withheld in accordance with the law or laws
requiring the withholding.

D. The additional compensation paid by the state to individuals as herein provided
shall be included in the calculation and computation of the total wages paid to the individual
in the determination of employer contributions to any retirement system or pension fund of
which the individual may be a member as well as in the determination of retirement
eligibility and benefits which may accrue to the individual under any retirement system or
pension fund, as well as in the determination of any other employee benefits, sick leave, or
disability pay to which the individual might be entitled with the exception of workers'
compensation benefits pursuant to R.S. 23:1021 et seq.

E.(1) As used in this Section, references to "municipality" and "municipal" shall
include political subdivisions whose employees are peace officer standards and training
(POST) certified and who are entitled to extra compensation from the state.

(2) As used in this Section, reference to "mayor" includes his designee and also
includes the executive director of a political subdivision whose employees are peace officer
standards and training (POST) certified and who are entitled to extra compensation from the
state.

*Acts 1956, No. 323, §4. Amended by Acts 1959, No. 49, §1; Acts 1975, No. 792, §1; Acts 1997, No. 536, §2; Acts 2003, No. 775, §1. Redesignated from R.S. 33:2218.4. See Acts 2014, No. 158, §§3 and 7; Acts 2022, No. 637, §1.*

##### **§ 40:1667.4** Salary reductions; void; police {#sec-40-1667.4 omnilex-key=us-la-statutes--rs-title-40--40:1667.4}

Any reduction of the salary of any individual, which salary is in effect on July 1,
1979, whether by the governing authority or by any pay plan under the provisions of any civil
service law, or otherwise, shall be void where it is made solely by reason of the additional
compensation by the state in this Part. Any appropriation made by the legislature which
results in a salary adjustment to the state supplemental pay program under this Part shall not
have the effect of reducing or replacing any base salary or benefits paid by the local
governing authority from other sources.

*Acts 1956, No. 323, §5. Amended by Acts 1959, No. 49, §2; Acts 1966, No. 484, §1; Acts 1979, No. 131, §1. Redesignated from R.S. 33:2218.5. See Acts 2014, No. 158, §§3 and 7; Acts 2022, No. 637, §1.*

##### **§ 40:1667.5** Parishes having no incorporated municipalities; extra compensation for deputy sheriffs {#sec-40-1667.5 omnilex-key=us-la-statutes--rs-title-40--40:1667.5}

A. In order to promote the public peace and safety in parishes of the state having no incorporated municipalities, by providing better enforcement of law and particularly the enforcement of state laws by deputy sheriffs in such parishes, every deputy sheriff employed on a full time basis for law enforcement work by the sheriff of each of the parishes of Cameron, Plaquemine, St. Bernard, St. Charles and St. John the Baptist shall be paid by the state extra compensation in addition to the compensation paid him out of the sheriff's salary fund.

B. Out of the funds appropriated by the legislature for the payment of the extra compensation provided by Subsection A of this Section there shall be distributed to each of the parishes named therein, the sum of one dollar for each inhabitant within the parish as shown by the most recent federal census. The sums to be so distributed shall be disbursed upon warrants drawn by the sheriffs of the respective parishes and shall be paid into the sheriff's salary fund of the respective parishes. The sheriff of each parish shall expend such sums so paid into his sheriff's salary fund of the respective parishes. The sheriff of each parish shall expend such sums so paid into his sheriff's salary fund to deputy sheriffs employed by him on a full-time basis for law enforcement work, the amount to be paid to each deputy to be within the discretion of the sheriff and to be based upon the length of service of the deputy insofar as is practicable.

*Acts 1959, No. 49, §4. Amended by Acts 1962, No. 253, §2; Acts 1977, No. 695, §1. Redesignated from R.S. 33:2218.6. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1667.6** Board of review; powers and duties {#sec-40-1667.6 omnilex-key=us-la-statutes--rs-title-40--40:1667.6}

A. There is hereby created a board of review which shall be composed of nine
members as follows:

(1) The commissioner of administration or a representative of the division of
administration selected by him.

(2) A member of the Louisiana Association of Chiefs of Police selected by the
director of the association.

(3) The deputy secretary for public safety services of the Department of Public Safety
and Corrections or a representative from the department selected by the deputy secretary.

(4) A member of the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice selected by the chairman of the commission.

(5) A representative of the Council on Peace Officer Standards and Training selected
by the chairman of the council. The member who serves pursuant to this Paragraph shall be
a nonvoting member.

(6) A member of the Louisiana Municipal Association selected by the director of the
association.

(7) The state examiner of municipal fire and police civil service or a representative
of the office of state examiner of municipal fire and police civil service selected by the state
examiner. The member who serves pursuant to this Paragraph shall be a nonvoting member.

(8) A member of the Louisiana City Marshals and City Constables Association
selected by the president of the association.

(9) A member of the Justices of the Peace and Constables Association selected by
the president of the association. The member who serves pursuant to this Paragraph shall be
a nonvoting member.

B. Whenever any question arises as to the eligibility of any person to receive
additional pay out of state funds as provided by this Part, the question thereof, together with
all of the facts relating thereto, shall be submitted to the board of review herein created for
determination, and the decision of the board with regard to eligibility shall be final.

*Added by Acts 1962, No. 253, §3. Amended by Acts 1968, No. 98, §1. Redesignated from R.S. 33:2218.7. See Acts 2014, No. 158, §§3 and 7; Acts 2022, No. 637, §1.*

##### **§ 40:1667.7** Extra compensation for commissioned full-time deputy sheriffs of all parishes {#sec-40-1667.7 omnilex-key=us-la-statutes--rs-title-40--40:1667.7}

A. In order to promote the public peace and safety in the parishes of the state, by
providing better enforcement of law and particularly the enforcement of state laws by deputy
sheriffs, every commissioned deputy sheriff employed on a full-time basis shall be paid by
the state extra compensation out of monies appropriated therefor from the fund established
by R.S. 40:1667.2. For the purposes of this Section any deputy sheriff hired after March 31,
1986, primarily to perform purely clerical or nonenforcement duties, including but not
limited to typists, office machine operators, switchboard operators, filing clerks, stenoclerks,
stenographers, animal shelter personnel, school crossing guards, secretaries, cooks,
mechanics, and maintenance personnel, whether or not a duly commissioned deputy sheriff
or post-certified, shall not be deemed to be a commissioned deputy sheriff entitled to
additional compensation out of state funds.

B. Out of the funds appropriated by the legislature for the payment of the extra
compensation provided by Subsection A of this Section, there shall be distributed to the
sheriff of each parish monthly to pay additional compensation for full-time commissioned
deputy sheriffs, and for those hired after March 31, 1986, who have completed and passed
a council-approved training program as provided in R.S. 40:2405 and who are paid a salary
of not less than three hundred fifty dollars per month, the amount of six hundred dollars per
month for each full-time commissioned deputy sheriff at the completion of one year of
service.

C. On or before the tenth day of each month; the sheriff in each parish and in Orleans
Parish, the criminal sheriff and the civil sheriff, shall certify to the state treasurer the number
of full-time commissioned deputy sheriffs in his employ and the number of years of service
of each such officer. Based on the total number of such officers reported from throughout
the state each month and the period of service of such officers and the amount of moneys
remaining from the appropriation made therefor, the state treasurer shall calculate a monthly
allowance to be paid to each such officer in an amount not to exceed the amounts provided
in Subsection B herein. The state treasurer shall specify the amount of compensation to be
paid to each such officer and shall remit such sums of money to the sheriff of each parish for
credit to the sheriff's general fund of the respective parishes. The sheriff of each parish, and
in Orleans Parish the criminal sheriff and the civil sheriff, shall expend such sums so paid
into his sheriff's general fund solely for paying the additional compensation herein provided
by granting an allowance in the amount specified by the state treasurer to each full-time
commissioned deputy sheriff.

D. In computing the period of service required by Subsection A, for the payment of
extra compensation to a commissioned deputy sheriff, prior service as a sworn state police
officer receiving extra compensation under the provisions of R.S. 40:1457 shall be included.

E. Any person who was sworn in as a full-time commissioned deputy sheriff of a
parish on May 1, 1988, who had retired from a position as a sworn state police officer after
completion of a peace officer training program, and who was receiving supplemental pay out
of state funds prior to his retirement shall be entitled to receive supplemental pay out of state
funds beginning July 1, 1991, which shall be computed including prior years of law
enforcement service completed, and shall not be required to complete a peace officer training
program, notwithstanding any interruption in service between his retirement as a sworn state
police officer and his return as a full-time deputy sheriff, provided that application for
supplemental pay has been filed with the Deputy Sheriffs Supplemental Pay Board on or
before September 1, 1991.

F. Any person who was sworn in as a full-time commissioned municipal police
officer of a municipality on June 4, 1965, who had retired from a position as a sworn
municipal police officer after completion of a peace officer training program, and who was
receiving supplemental pay out of state funds prior to his retirement shall be entitled to
receive supplemental pay out of state funds beginning July 1, 1992, which shall be computed
including prior years of law enforcement service completed, and shall not be required to
complete a peace officer training program, notwithstanding any interruption in service
between his retirement as a sworn municipal police officer and his return as a full-time
deputy sheriff, provided that application for supplemental pay has been filed with the Deputy
Sheriff's Supplemental Pay Board on or before September 1, 1992.

G. Notwithstanding the provisions of Subsections A and B of this Section, any
full-time deputy sheriff employed as a field representative or process server and who is paid
a salary of not less than three hundred fifty dollars per month shall be entitled to receive extra
compensation in the amount of six hundred dollars per month at the completion of one year
of service. However, to be eligible for such extra compensation, a field representative or
process server shall have completed and passed a council-approved training program as
provided in R.S. 40:2405.

*Added by Acts 1971, No. 120, §3. Amended by Acts 1974, No. 330, §1; Acts 1977, No. 591, §1; Acts 1978, No. 766, §2; Acts 1979, No. 236, §8, eff. Sept. 1, 1979; Acts 1980, No. 634, §2, eff. Sept. 1, 1980; Acts 1983, No. 436, §1; Acts 1986, No. 861, §1, eff. July 1, 1986; Acts 1986, No. 657, §1, eff. July 1, 1986; Acts 1991, No. 924, §2, eff. July 24, 1991; Acts 1992, No. 264, §1, eff. July 1, 1992; Acts 1996, No. 37, §1, eff. July 1, 1996; Acts 1997, No. 513, §1, eff. July 1, 1997; Acts 1999, No. 1305, §1, eff. July 1, 1999; Acts 2007, No. 281, §1, eff. July 1, 2007; Acts 2008, No. 664, §1, eff. July 1, 2009. Redesignated from R.S. 33:2218.8. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 320, §2, eff. July 1, 2023.*

##### **§ 40:1667.8** Authorization of back supplemental salary payment {#sec-40-1667.8 omnilex-key=us-la-statutes--rs-title-40--40:1667.8}

If it is determined by the board of review, as established in this Subpart, that supplemental salaries, as provided for in R.S. 40:1667.1 and R.S. 40:1667.7, are due eligible recipients for back periods of time, the board shall certify to the Joint Legislative Committee on the Budget that such payment is due. Upon receipt of such certification, the Joint Legislative Committee on the Budget may, in its discretion, approve payment of all or a portion of such supplemental salary from the appropriate special fund created in this Part; however, no payment shall be made to any one recipient in excess of ten thousand dollars at any one time.

*Added by Acts 1982, No. 110, §2, eff. July 11, 1982. Redesignated from R.S. 33:2218.9. See Acts 2014, No. 158, §§3 and 7.*

##### **§ 40:1667.9** Extra compensation for commissioned full-time harbor police, fireboat personnel, and bridge police {#sec-40-1667.9 omnilex-key=us-la-statutes--rs-title-40--40:1667.9}

In addition to the compensation now paid to any harbor police officer, fireboat
operator, and bridge police officer, every harbor police officer, fireboat employee, and bridge
police officer who is a full-time employee and who is paid a salary of not less than eight
hundred dollars per month and who has completed and passed a post-certified training
program as provided in R.S. 40:2405 and who has completed or who hereafter completes one
year of service shall be paid by the state extra compensation in the amount of six hundred
dollars per month. The provisions of this Section shall only apply to employees of a political
subdivision of the state.

*Acts 2007, No. 281, §1, eff. July 1, 2007; Acts 2008, No. 664, §1, eff. July 1, 2009. Redesignated from R.S. 33:2218.10. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 320, §2, eff. July 1, 2023.*

##### **§ 40:1667.10** Extra compensation for commissioned full-time levee district police authorized {#sec-40-1667.10 omnilex-key=us-la-statutes--rs-title-40--40:1667.10}

In addition to the compensation now paid to any levee district police officer, every
levee district police officer who is a full-time employee, is paid a salary of not less than eight
hundred dollars per month, has completed and passed a P.O.S.T.-certified training program
as provided in R.S. 40:2405, and has completed or hereafter completes one year of service,
may be paid extra compensation by the levee district by which they are employed with
district funds in an amount up to but not greater than the amount authorized for harbor police
officers, fireboat operators, and bridge police officers by law.

*Acts 2018, No. 490, §1.*

##### **§ 40:1667.11** Furlough {#sec-40-1667.11 omnilex-key=us-la-statutes--rs-title-40--40:1667.11}

Furlough of an individual due to a state of emergency declared by a federal, state,
parish, or municipal official shall not affect the individual's eligibility to receive additional
pay out of state funds as provided in this Part.

*Acts 2022, No. 637, §1.*

### **CHAPTER 7-C** FIREMEN AND LAW ENFORCEMENT OFFICERS - DISABILITY BENEFITS

##### **§ 40:1668** Benefits for disabled firemen and law enforcement officers in certain cases {#sec-40-1668 omnilex-key=us-la-statutes--rs-title-40--40:1668}

A. It is hereby declared to be the public policy of this state, under its police power,
to provide for certain benefits to firemen and law enforcement officers determined to be
permanently and totally disabled as the direct and proximate result of a catastrophic injury
arising out of and in the course of the performance of their official duties.

B. As used in this Section, the following words have the following meanings:

(1) "Board" means the Law Enforcement Officers and Firemen's Survivor Benefit
Review Board created and provided for in R.S. 40:1665.3.

(2) "Catastrophic injury" means an injury incurred on or after July 1, 2016, caused
by an individual having the specific intent to kill the officer who is engaged in the
performance of his official duties, the direct and proximate consequences of which, as
provided by clear and convincing evidence unaided by any presumption of disability, leaves
the officer permanently and totally disabled.

(3) "Law enforcement officer" means the following:

(a) All sheriffs and deputy sheriffs in the state employed on a full-time basis.

(b) All members of the state police employed on a full-time basis.

(c) All municipal police officers in the state employed on a full-time basis.

(d) All university and college police officers at state universities and colleges
employed on a full-time basis.

(4) "Officer" includes firemen as defined in R.S. 40:1665 and law enforcement
officers as defined in Paragraph (3) of this Subsection.

(5) "Permanently and totally disabled" means the officer is unable to engage in any
employment or self-employment on a full-time basis, regardless of the nature or character
of the employment or self-employment.

C.(1) In any case in which an officer is determined by the board or a court of
competent jurisdiction pursuant to Paragraph (E)(2) of this Section to be permanently and
totally disabled as the direct and proximate result of a catastrophic injury arising out of and
in the course of the performance of the officer's official duties, the following shall be paid
by the state risk director pursuant to R.S. 39:1533(A)(2) on behalf of the officer from the date
of the catastrophic injury as long as the officer is permanently and totally disabled:

(a)(i) Premiums due from the officer for the amount and type of life, health, accident,
accidental death and dismemberment, hospital, surgical, and medical expense insurance
covering the officer and maintained by the officer through the officer's employer at the time
of the catastrophic injury.

(ii) If the injured officer no longer qualifies under Item (i) of this Subparagraph,
premiums due for insurance that provides for life, health, accident, accidental death, and
dismemberment, hospitals, surgical, and medical expense insurance similar to that
maintained by the officer through his employer at the time of the catastrophic injury.

(iii) This Subparagraph shall not apply to any premium due from the officer for
insurance covering any individual other than the officer.

(b) Copayments, coinsurance, and deductibles applicable to any insurance policy for
which premiums are paid pursuant to Item (a)(i) or (ii) of this Paragraph for healthcare
benefits received by the officer.

(2) The premiums, deductibles, coinsurance, and copayments paid pursuant to this
Section shall be in addition to any other benefit or income available and paid to the injured
officer for the disability due to the catastrophic injury.

D.(1) In order to facilitate the operation of this Section, within one year after the
employing authority has knowledge of the permanent and total disability of an officer under
circumstances covered by this Section, the employing authority or officer shall notify the
Law Enforcement Officers and Firemen's Survivor Benefit Review Board of the disability,
the date of the catastrophic injury for which the disability is a result, the circumstances
surrounding the injury, and such other information as may be requested by the board.

(2) The officer seeking the benefits provided in this Section may notify the board
providing the information listed in Paragraph (1) of this Subsection.

(3) Nothing in this Section shall prevent the board from initiating proceedings before
being notified by the employing authority or officer.

E.(1) The board shall hear and decide by unanimous vote all claims for disability
benefits within sixty days after documentation is received. The board may request any
information necessary to make a determination of eligibility for disability benefits.

(2) Within ten days after the board has reached its decision, it shall notify the officer
of its decision by certified mail. If the board denies the claim, the officer shall have one year
from the date of denial to file suit against the state through the board in the parish where the
incident that brought about the permanent and total disability occurred. The date of denial
shall be calculated as one year from date of receipt of the decision from the board.

F. If the board determines the officer qualifies for the benefit payable under this
Section, the board shall notify the state risk director.

G. No benefit shall be payable pursuant to this Section if any of the following applies:

(1) The catastrophic injury was caused by the intentional misconduct of the officer
or by the officer's intention to bring about his death, disability, or injury.

(2) The officer was voluntarily intoxicated at the time of his catastrophic injury.

(3) The officer was performing his duties in a grossly negligent manner at the time
of his catastrophic injury.

(4) Repealed by Acts 2018, No. 656, §2, eff. June 1, 2018.

H. The board may adopt rules and regulations to implement the provisions of this
Section.

*Acts 2017, No. 391, §2, eff. June 23, 2017; Acts 2018, No. 656, §1, 2, eff. June 1, 2018.*

### **CHAPTER 7-D** LAW ENFORCEMENT OFFICERS - INCENTIVE PAYMENTS

##### **§ 40:1669** Law Enforcement Recruitment Incentive Program {#sec-40-1669 omnilex-key=us-la-statutes--rs-title-40--40:1669}

A. There is hereby created in the state treasury, as a special fund, the Law
Enforcement Recruitment Incentive Fund, hereinafter referred to in this Chapter as the
"fund". Monies in the fund shall be used solely for payments made in accordance with the
Law Enforcement Recruitment Incentive Program as provided in this Section.

B. Monies in the fund shall be invested in the same manner as monies in the state
general fund. Interest earned on investment of monies in the fund shall be credited to the
fund. Until the termination of the program, unexpended and unencumbered monies in the
fund at the end of the fiscal year shall remain in the fund.

C. The Law Enforcement Recruitment Incentive Program, hereinafter referred to in
this Chapter as the "program", is hereby established to aid in the recruitment of law
enforcement officers within the state. The purpose of the program is to provide one-time
incentive payments of five thousand dollars to certain newly employed law enforcement
officers in the state.

D. For purposes of this Section, the following terms shall have the following
meanings:

(1) "Eligible agency" means a sheriff's office, municipal police department, or the
office of state police within the Department of Public Safety and Corrections.

(2) "Law enforcement officer" means an officer whose permanent duties actually
include the making of arrests, the performing of searches and seizures, or the execution of
criminal warrants, and who is responsible for the prevention or detection of crime or for the
enforcement of the penal, traffic, or highway laws of this state. "Law enforcement officer"
shall not include any elected or appointed head of a law enforcement department.

(3) "Municipality" means an incorporated city, town, or village.

(4) "Newly employed officer" means a person who gains or is appointed to full-time
employment as a law enforcement officer with a Louisiana eligible agency on or after July
1, 2023, and who has never before been employed as a law enforcement officer in this state.

E. To qualify for the incentive payment, a newly employed officer shall meet the
following criteria:

(1) Attain POST-certification within one year of the date on which employment
begins.

(2) Maintain continuous full-time employment with an eligible agency for a least two
years from the date on which employment begins. The required two-year employment period
may be satisfied by maintaining employment at one or more eligible agencies, but such
period shall not contain any break in service longer than fifteen calendar days.

F.(1) An incentive payment made pursuant to this Section shall be reimbursed by the
officer who received payment to the state treasurer under any of the following circumstances:

(a) The officer voluntarily separates from employment with an employing agency
prior to completion of two years of employment, as provided in Paragraph (E)(2) of this
Section.

(b) The officer has a break in service of more than fifteen days.

(c) The officer is dismissed for cause by the employing agency.

(2) The employing agency shall notify the treasurer if an officer who received
payment does not meet the required two-year employment period.

(3) The treasurer shall send a determination letter to any officer who is required to
reimburse an incentive payment pursuant to this Subsection to the officer's last-known
mailing address. Reimbursement of the incentive payment shall be made to the treasurer
within twelve months of the date on the determination letter.

G.(1) Any request for an incentive payment for a deputy sheriff shall be submitted
by the sheriff of the respective parish to the Deputy Sheriff's Supplemental Pay Board for
review and approval. The board shall submit the approved request to the state treasurer for
payment. The treasurer shall remit payments from the fund for deputy sheriffs to the sheriff's
office of the respective parish. The sheriff of each parish shall expend such funds solely for
paying the incentive payment.

(2) Any request for an incentive payment for a municipal police officer shall be
submitted by the chief of police of the respective municipality to the Supplemental Pay
Board of Review for Municipal Police Officers for review and approval. The board shall
submit the approved request to the state treasurer for payment. The treasurer shall remit
payments from the fund for municipal police officers to the police department of the
respective municipality. The chief of police of each municipality shall expend such funds
solely for paying the incentive payment.

(3) Any request for an incentive payment for a law enforcement officer employed by
the office of state police shall be submitted pursuant to rules promulgated by the State Police
Commission. The treasurer shall remit payments from the fund for the officer to the office
of state police. The office of state police shall expend such funds solely for paying the
incentive payment.

(4) Every request submitted pursuant to this Subsection shall include:

(a) Certification from the submitting party that the newly employed officer meets the
eligibility criteria for receiving the incentive payment.

(b) A form signed by the newly employed officer acknowledging the reimbursement
requirements for failure to maintain eligibility.

H. Payments shall be made on a first-come, first-served basis upon receipt of the
approved request of any entity as provided for in Subsection G of this Section. Payments
shall cease when all monies in the fund have been expended.

I. To the extent necessary, any local civil service system shall promulgate rules for
the effective implementation of this Section within its jurisdiction.

J. The provisions of this Section shall terminate on July 1, 2027. Upon termination
of the program, the treasurer is hereby authorized and directed to transfer any unexpended
and unencumbered monies in the fund to the state general fund.

*Acts 2023, No. 376, §1, eff. June 14, 2023; Acts 2025, No. 385, §3, eff. June 20, 2025.*

### **CHAPTER 8** BUILDING REGULATIONS

#### **PART I** CONSTRUCTION AND REPAIR WORK IN CITIES OVER 15,000

##### **§ 40:1671** Application of Part {#sec-40-1671 omnilex-key=us-la-statutes--rs-title-40--40:1671}

The provisions of this Part apply only in cities of more than fifteen thousand inhabitants.

##### **§ 40:1672** Scaffolds, supports, or other mechanical contrivances {#sec-40-1672 omnilex-key=us-la-statutes--rs-title-40--40:1672}

All scaffolds, hoist cranes, stays, ladders, supports, or other mechanical contrivances erected by any person for use in the erection, repairing, alteration, removing, or painting of any building, bridge, viaduct, or other structure shall be constructed, placed, and operated so as to give proper and adequate protection to any person employed or engaged thereon or passing under or by it, and in such a manner as to prevent the falling of any material that may be used or deposited thereon.

##### **§ 40:1673** Safety rails for scaffolding or staging {#sec-40-1673 omnilex-key=us-la-statutes--rs-title-40--40:1673}

In the construction or in the repairing, alteration, or removal of any structures, any scaffolding or staging, swung or suspended from any overhead support and more than twenty feet from the ground or floor, shall have, where practicable, a safety rail properly bolted, secured, and braced and rising at least thirty-four inches above the floor or main portion of the scaffolding or staging and extending along the entire outside length and along the ends thereof. Also, such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

##### **§ 40:1674** Construction of scaffolds, etc., to bear certain weight; overcrowding or overloading {#sec-40-1674 omnilex-key=us-la-statutes--rs-title-40--40:1674}

All swinging or stationary platforms, scaffolding, or similar devices shall be so constructed as to bear four times the maximum weight required to be dependent thereon when in use. These platforms, scaffolds, or similar devices shall not be so loaded or crowded as to render them unsafe or dangerous.

##### **§ 40:1675** Inspection of scaffolding, etc.; notice of defects; reconstruction {#sec-40-1675 omnilex-key=us-la-statutes--rs-title-40--40:1675}

Whenever it comes to the notice of the building inspector or other city officer whose duty it is to enforce this Part in the particular city that the scaffoldings, stays, hangers, blocks, pulleys, slings, braces, ladders, irons, or ropes of any swinging or stationary scaffolding, platform, or other similar device used in the construction, repairing, alteration, removing, cleaning, or painting of any structures therein are liable to prove dangerous to the safety of any person, he shall immediately cause an inspection to be made of the scaffolding, platform, or device, or of the parts thereof.

If the scaffolding, platform, or device, or any parts thereof are found to be dangerous to the safety of any person, the local authority shall immediately notify the person responsible for the maintenance thereof and warn him against its use, maintenance, or operation. He shall further require that the thing be altered and reconstructed so as to avoid any danger. This notice may be served personally upon the one responsible for the erection of the thing declared unsafe or by conspicuously affixing it to the scaffolding, platform, or other device, or part thereof, declared to be unsafe.

After the notice has been served or affixed, the person responsible therefor shall cease using and immediately remove the thing declared unsafe or shall alter or strengthen it in such manner as to render it safe.

The officer whose duty it is to examine or test any such scaffolding, platform, or similar device, or part thereof, under this Section shall have free access at all times during reasonable hours to any buildings or structures containing such scaffolding, platforms, or similar devices or parts thereof or where they may be in use.

##### **§ 40:1676** Lower scaffolding for protection of workmen on working scaffold or staging {#sec-40-1676 omnilex-key=us-la-statutes--rs-title-40--40:1676}

Any person employing or directing another to perform labor of any kind in erecting, repairing, altering, or painting any water pipe, stand pipe, smoke stack, chimney, tower, steeple, pole, staff, dome, or cupola, with the use of any scaffold, staging, swing hammock, support, temporary platform, or other similar contrivance for such labor shall keep and maintain at all times while that labor is being performed and the mechanical device is in use or operation a safe and proper scaffold, stay, support, or other suitable device, not less than sixteen feet below the working device when the work is being performed at a height of thirty-two feet or more, for the purpose of protecting the person performing the labor from falling in case of any accident to the working device.

##### **§ 40:1677** Intermediate support for joists; floor strength; railings for floor openings {#sec-40-1677 omnilex-key=us-la-statutes--rs-title-40--40:1677}

In any house, building, or structure in process of erection or construction where the distance between the enclosing walls is more than twenty-four feet in the clear, there shall be built and maintained proper intermediate supports for the joists. These supports shall be brick work walls, iron or steel columns, beams, trusses or girders of wood, or other material of sufficient strength. The floors in all such houses, buildings, or structures in the process of erection or construction shall be designed and constructed in such manner as to be capable of bearing on all their parts, in addition to the floor construction, partitions, and permanent fixtures and mechanisms that may be set upon them, a live load of twenty-five pounds for every square foot of surface. Every opening in such floor shall be railed all around with a substantial railing four feet in height. Every owner, builder, lessee, contractor, or sub-contractor of any such house, building, or construction, or the superintendent or agent of any of them, shall see that all the provisions of this Section are complied with.

##### **§ 40:1678** Maximum floor load during construction; display of placards {#sec-40-1678 omnilex-key=us-la-statutes--rs-title-40--40:1678}

Every owner of every house, building, or structure under construction, except buildings to be used exclusively for residential purposes, shall affix and display conspicuously on each floor of the building a placard stating the load per square foot of the floor surface which may safely be applied to that particular floor during construction. If the strength of the floor varies in different places, he shall affix placards for each varying part of the floor.

All such placards shall be verified and approved by the city engineer or inspector of buildings or other proper authority of the city charged with the enforcement of building laws.

No one shall load any such floor or any part thereof to a greater extent than the load indicated on the placard.

##### **§ 40:1679** Completion of flooring as building progresses {#sec-40-1679 omnilex-key=us-la-statutes--rs-title-40--40:1679}

All contractors and owners, lessees and subcontractors, when constructing buildings where the plans and specifications require the floors to be arched between the beams or where the floors are fireproof material or brick work, shall complete the flooring or filling in as the building progresses, to not less than within three tiers or beams below and on which the iron work is being erected. If the plans or specifications do not require the filling in between the beams with brick or fireproof material, the contractor shall lay in the under flooring or a safe temporary floor, on each story as the building progresses to not less than within two stories of the floor below, to which the building has been erected and where double floors are not to be used shall keep planks over the floor, to two stories of the floor below the story where the work is being performed, and if the floor beams are not of iron or steel, the contractor for the iron or steel work in the course of construction or the owner shall thoroughly plank over the entire tier of iron or steel beams, on which the structural iron or steel work is being erected, except such places as are necessary for the proper construction of the iron or steel work, and for raising or lowering of material to be used on the building. All openings in the floor shall be railed as required by R.S. 40:1677.

##### **§ 40:1680** Enclosure of shafts or openings in buildings under construction {#sec-40-1680 omnilex-key=us-la-statutes--rs-title-40--40:1680}

If elevating machines or hoisting apparatus are used within a building in the course of construction, for the purpose of lifting material, the contractor, owner, or lessee shall cause all shafts or openings in the floors, such as stairways, ladder openings, or elevator shafts, to be enclosed or fenced all around by a substantial railing at least four feet in height.

##### **§ 40:1681** Placing of hoisting apparatus; floor re-enforcement {#sec-40-1681 omnilex-key=us-la-statutes--rs-title-40--40:1681}

Any hoisting machine or engine used in building construction shall, where practicable, be set up or placed on the ground. Where it is necessary to place such a machine or engine on any floor above the ground floor, the floor shall be properly and securely supported with a foundation capable of sustaining twice the weight of the machine or engine.

If the building in course of construction is three stories or over in height, no material needed for the construction shall be hoisted or lifted over any public street or alley, unless the street or alley is barricaded from use by the public or is so covered as to prevent injury to pedestrians.

##### **§ 40:1682** Communication system for mechanical elevating machines or hoisting apparatus used in construction work {#sec-40-1682 omnilex-key=us-la-statutes--rs-title-40--40:1682}

If elevating machines or hoisting apparatus, operated or controlled by other than hand power, are used in the construction, alteration, or removal of any structure, the owner, contractor, or sub-contractor shall, during the use and operation of the elevating machine or hoisting apparatus, provide and maintain an adequate system of communication by signals, so that prompt and perfect communication may be had at all times between the operator of the engine or motive power of the elevating machine or hoisting apparatus and the employees or persons engaged thereon or using or operating it. The officers of the city charged with the enforcement of the building laws shall enforce this Section. If such officers fail to do so, the police authorities shall, pursuant to the terms of this Part, enforce the provisions of this Section.

##### **§ 40:1683** Penalty {#sec-40-1683 omnilex-key=us-la-statutes--rs-title-40--40:1683}

Any contractor, sub-contractor, foreman, or other person having charge of the erection, construction, repairing, alteration, removal, or painting of any structure who violates any provision of this Part shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not less than three months nor more than two years, or both.

#### **PART II** WINDOW BOLTS

##### **§ 40:1701** Safety bolts on certain windows; penalty for failure {#sec-40-1701 omnilex-key=us-la-statutes--rs-title-40--40:1701}

Every person who constructs a commercial building in a municipality having a population of fifty thousand or more persons shall install safety bolts on all windows opening on the second or any higher floor to safeguard employees engaged in window cleaning, window repair work, or the installation of window awnings.

Whoever violates this Section shall be fined not more than two hundred and fifty dollars.

#### **PART III** SAFETY GLAZING IN HAZARDOUS LOCATIONS

##### **§ 40:1711** Definitions {#sec-40-1711 omnilex-key=us-la-statutes--rs-title-40--40:1711}

As used in this part, the following terms shall have the meaning ascribed to them in this section unless the context clearly indicates otherwise:

(1) "Safety glazing material" means any glazing material such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of ANSI Standard Z-97.1-1966 and such further requirements as may be adopted by the Louisiana State Fire Marshal and which are so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.

(2) "Hazardous locations" means those installations, glazed or to be glazed in commercial and public buildings, known as framed or unframed glass entrance doors; and those installations, glazed or to be glazed in residential buildings and other structures used as dwellings, commercial buildings, and public buildings, known as sliding glass doors, storm doors, shower doors, bathtub enclosures which because of their location present a barrier in the normal path traveled by persons going into or out of these buildings, and because of their size and design may be mistaken as means of ingress or egress; and any other installation, glazed or to be glazed, wherein the use of other than safety glazing materials would constitute an unreasonable hazard as determined by the Louisiana State Fire Marshal; whether or not the glazing in such doors, panels, enclosures and other installations is transparent.

For the purposes of this part wood panel doors with small lights thirty-six inches or more above the floor, French doors and doors with leaded glass lights are not to be considered hazardous and these installations are not to be included within the definition of hazardous locations as set forth hereinabove.

*Added by Acts 1972, No. 719, §1. Amended by Acts 1974, No. 680, §1.*

##### **§ 40:1712** Labeling required {#sec-40-1712 omnilex-key=us-la-statutes--rs-title-40--40:1712}

A. Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in such a location within the State of Louisiana shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material on the safety glazing material, or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator or installer, and the nominal thickness and the type of safety glazing material and the fact that said material meets the test requirements of ANSI Standard Z-97.1-1966. The label must be legible and visible after installation.

B. Such safety glazing labeling shall not be used on other than safety glazing materials.

*Added by Acts 1972, No. 719, §1.*

##### **§ 40:1713** Safety glazing materials required {#sec-40-1713 omnilex-key=us-la-statutes--rs-title-40--40:1713}

It shall be unlawful within the State of Louisiana to knowingly sell, fabricate, assemble, glaze, install, consent or cause to be installed glazing materials other than safety glazing materials in, or for use in, any hazardous location, as defined herein above, after the effective date of this Part. This Part shall not be construed as being retroactive and shall become effective on January 1, 1973.

*Added by Acts 1972, No. 719, §1.*

##### **§ 40:1714** Employees not covered {#sec-40-1714 omnilex-key=us-la-statutes--rs-title-40--40:1714}

No liability under this Part shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with Part.

*Added by Acts 1972, No. 719, §1.*

##### **§ 40:1715** Penalty {#sec-40-1715 omnilex-key=us-la-statutes--rs-title-40--40:1715}

Whoever violates the provisions of this Part shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars or more than one thousand dollars, or to imprisonment of not more than six months, or both.

*Added by Acts 1972, No. 719, §1.*

#### **PART IV** LOUISIANA BUILDING CODE FOR STATE OWNED BUILDINGS

##### **§ 40:1721** Declaration of policy {#sec-40-1721 omnilex-key=us-la-statutes--rs-title-40--40:1721}

In order to insure the public health and safety and to facilitate the efficient use of state funds in the new construction, alterations, additions for renovations of state buildings, there is hereby created a Louisiana Building Code for State Owned Buildings consisting of the various building codes and standards designated in this Part.

The provisions of this Part should not be construed to supercede any local building codes or standards except as they apply to state owned buildings.

*Added by Acts 1975, No. 706, §1.*

##### **§ 40:1722** Louisiana Building Code {#sec-40-1722 omnilex-key=us-la-statutes--rs-title-40--40:1722}

A. The new construction, alteration, addition or renovation of all state owned
buildings for which bids are let after September 12, 1975, must comply with the rules and
regulations to be promulgated by the Facilities Planning and Control Department of the
Division of Administration in conformity with the Administrative Procedure Act, which rules
and regulations shall establish as minimum standards the provisions of the Louisiana
Building Code provided in Subsection B hereof.

B. The Louisiana Building Code shall consist of the following designated and
described codes and standards:

(1) The Life Safety Code, Standard 101, 1973 Edition as published by the National
Fire Protection Association.

(2) The International Plumbing Code, the International Building Code, Chapter 29-Plumbing Systems, and the International Residential Code, Part VII-Plumbing.

(3) The International Building Code, 2000 Edition as published by the International
Code Council.

(4) The International Mechanical Code as published by the International Code
Council.

(5) The National Electric Code (NFPA No. 70-1975) as published by the National
Fire Protection Association.

C. Repealed by Acts 2003, No. 387, §2, eff. Jan. 1, 2004.

D. Repealed by Acts 2014, No. 836, §3, eff. Jan. 1, 2016.

E.(1) In all cases of conflict between the provisions of the Louisiana Building Code
and any local building code in connection with the construction or occupancy of any state-owned building, the provisions of the Louisiana Building Code shall be used.

(2) In all cases wherein the Louisiana Building Code is used in connection with the
construction or occupancy of any state-owned building, the permit, and issuance thereof, or
performance of any duties associated therewith by any parish or municipality, or the state
under this Part, shall have all rights, privileges, and immunities accorded permits under Part
IV-A of Chapter 8 of Title 40 and Subpart E of Part I of Chapter 14 of Title 33 of the
Louisiana Revised Statutes of 1950.

*Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 1992, No. 656, §1, eff. July 2, 1992; Acts 2003, No. 387, §§1 and 2, eff. Jan. 1, 2004; Acts 2014, No. 836, §§3,4, eff. Jan. 1, 2016.*

##### **§ 40:1723** Administration; exception {#sec-40-1723 omnilex-key=us-la-statutes--rs-title-40--40:1723}

A. The Louisiana Building Code shall be administered by the facilities planning and
control department of the Division of Administration.

B. However, nothing contained herein shall affect the state fire marshal and his
jurisdiction on matters of life safety and related areas as provided by Part III of Chapter 7 of
this Title.

*Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 2003, No. 387, §1, eff. Jan. 1, 2004; Acts 2014, No. 836, §3, eff. Jan. 1, 2016.*

##### **§ 40:1724** Building permits and occupancy permits {#sec-40-1724 omnilex-key=us-la-statutes--rs-title-40--40:1724}

A. Plans and specifications for construction, alteration, addition, or renovation of all
state-owned buildings shall be approved by the state fire marshal, the secretary of the
Louisiana Department of Health, and the office of facility planning and control within the
division of administration prior to commencement of work. Nothing herein shall be
construed to impose a duty upon the parish or municipality in which the building is located
to inspect a state-owned building for compliance with the local building code.

B. State-owned buildings shall not be subject to local permitting, review, or
oversight but shall be required to comply with the flood zone requirements of the National
Flood Insurance Program.

C. The occupancy permit will be issued to the using agency when the building
construction has been approved by the state fire marshal, secretary of the Louisiana
Department of Health and the office of facility planning and control within the division of
administration.

D. The office of facility planning and control may promulgate rules, pursuant to the
Administrative Procedure Act, concerning:

(1) The level of review to be given to projects based upon the size and scope of the
project and such other criteria as set forth in the rules.

(2) Alternative methods of compliance and approval.

(3) The establishment of reasonable permitting and plan review fees, provided that
no permitting and plan review fees shall be levied or assessed for any project funded through
the annual Capital Outlay Act.

*Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1993, No. 931, §1; Acts 2006, No. 50, §1, eff. May 16, 2006; Acts 2006, No. 88, §1, eff. May 25, 2006.*

##### **§ 40:1725** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1725 omnilex-key=us-la-statutes--rs-title-40--40:1725}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

##### **§ 40:1726** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1726 omnilex-key=us-la-statutes--rs-title-40--40:1726}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

##### **§ 40:1727** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1727 omnilex-key=us-la-statutes--rs-title-40--40:1727}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

##### **§ 40:1728** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1728 omnilex-key=us-la-statutes--rs-title-40--40:1728}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

##### **§ 40:1728.1** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1728.1 omnilex-key=us-la-statutes--rs-title-40--40:1728.1}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

##### **§ 40:1729** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1729 omnilex-key=us-la-statutes--rs-title-40--40:1729}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

##### **§ 40:1730** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1730 omnilex-key=us-la-statutes--rs-title-40--40:1730}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

##### **§ 40:1730.1** Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005. {#sec-40-1730.1 omnilex-key=us-la-statutes--rs-title-40--40:1730.1}

*Repealed by Acts 2005, 1st Ex. Sess., No. 12, §3, eff. Nov. 29, 2005.*

#### **PART IV-A** STATE UNIFORM CONSTRUCTION CODE

##### **§ 40:1730.21** Public policy for state uniform construction code {#sec-40-1730.21 omnilex-key=us-la-statutes--rs-title-40--40:1730.21}

A. The public policy of Louisiana is to maintain reasonable standards of construction in buildings and other structures in the state consistent with the public health, safety, and welfare of its citizens.

B. This Part is enacted to enable the state of Louisiana to promulgate a state uniform construction code to govern the construction, reconstruction, alteration, and repair of buildings and other structures and the installation of mechanical devices and equipment therein. The state uniform construction code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort, and security balanced with affordability for the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, and techniques. The state uniform construction code will encourage the use of construction materials of the greatest durability, lower long-term costs, and provide greater storm resistance.

C. To clarify the intent of the legislature and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon a state or local governmental entity or agency which adopts the building and safety codes authorized or required by this Part.

D. To further clarify the intent of the legislature, this Part continues to apply to a person who may act under authority of the Department of Public Safety and Corrections and that the allocation of inspection duties among local officials is not dictated by this Part but remains a matter for the local authority.

E. To secure these purposes, the Louisiana State Uniform Construction Code Council shall certify a person performing building codes enforcement including building officials, plans reviewers, and inspectors.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.*

##### **§ 40:1730.21.1** State preemption of natural gas utility service {#sec-40-1730.21.1 omnilex-key=us-la-statutes--rs-title-40--40:1730.21.1}

A. The regulation of a utility provider's authority to operate and serve customers is
a matter of statewide concern. No code, ordinance, land use restriction or general or specific
plan provision or part of a code, ordinance, land use regulation or general or specific plan
provision adopted by a parish or municipality may prohibit or have the effect of restricting
a person's or entity's ability to use the services of a utility provider that is capable and
authorized to provide the utility service at a person's or entity's property.

B. A parish or municipality may not deny a permit application based on the utility
provider proposed to provide utility service to the project.

C. A parish or municipality issuing a building permit shall ensure that all applicable
permits and associated fees assessed on a building permit applicant contain requirements and
amounts that do not exceed the requirements and amounts for use of other utility providers
and do not have the effect of restricting a permit applicant's ability to use the services of a
utility provider that is capable and authorized to provide utility service.

D. This Section does not prohibit a parish or municipality from recovering
reasonable costs associated with reviewing a building permit, issuing a building permit, and
performing inspections to verify code compliance.

E. A parish or municipality may not impose a fine, penalty, or other requirement that
has the effect of restricting a utility provider's authority to operate or serve customers.

F. This Section does not affect the authority of a parish or municipality to manage
the public highways within its boundaries or to exercise its police powers to review and
approve an application before issuing a permit to perform work in the public highways or to
enforce associated permit conditions.

G. This Section does not affect the authority of a parish or municipality to manage
or operate a publicly-owned utility.

H. For the purposes of this Section, "utility service" means natural gas provided to
an end user.

I. The provisions of this Section shall supersede any contrary provision of law.

*Acts 2020, No. 46, §1.*

##### **§ 40:1730.22** Louisiana State Uniform Construction Code Council; membership; function of council; meeting requirements; immunity {#sec-40-1730.22 omnilex-key=us-la-statutes--rs-title-40--40:1730.22}

A.(1) The Louisiana State Uniform Construction Code Council, hereinafter in this
Part referred to as the "council", is hereby created and shall consist of seventeen members
as follows:

(a) The fire marshal or his designee.

(b) Two building code enforcement officers registered with the Louisiana State
Uniform Construction Code Council.

(c) One member who shall have had the greater part of their professional experience
as licensed electrician or licensed plumber.

(d) One member who shall have had the greater part of his professional experience
as a licensed mechanical engineer.

(e) Two members each of whom shall have had the greater part of his professional
experience as a licensed architect, one of whom shall be a member of the American Institute
of Architects of Louisiana.

(f) One member who shall have had the greater part of his professional experience
as a licensed structural engineer.

(g) One member representing the Louisiana Home Builders Association.

(h) One member representing the Associated Builders and Contractors.

(i) One member who shall have had the greater part of his professional experience
as a licensed residential contractor.

(j) One member who shall have had the greater part of his professional experience
as a licensed commercial contractor and who is a member of the Louisiana Associated
General Contractors.

(k) One member who shall have had the greater part of his professional experience
in the insurance industry.

(l) One member representing the Building Officials Association of Louisiana.

(m) One member representing the Louisiana Building Code Alliance.

(n) Two members at-large.

(2) With the exception of the fire marshal or his designee, who shall serve by virtue
of his position, each member of the council shall be appointed by the governor, subject to
Senate confirmation, and shall serve at the pleasure of the governor. With the exception of
the fire marshal or his designee, each term for a member of the council shall be four years
where a member shall serve no more than two consecutive terms. Each member of the
council shall serve without compensation but may be reimbursed for actual expenses and
mileage incurred while attending council meetings in accordance with state travel regulations
promulgated by the division of administration. The executive director shall have the
authority to use the board funds for the operations of the Louisiana State Uniform
Construction Code Council.

B. A vacancy must be filled in the manner of the original appointment.

C. The primary function of the council is to review and adopt the State Uniform
Construction Code, provide for training and education of code officials, and accept all
requests for amendments of the code. Specifically, the council shall establish the
requirements and process for the certification and continuing education of code enforcement
officers, code enforcement inspectors, and building officials and determine if any
amendments to the State Uniform Construction Code are justified. If the council determines
that an amendment is justified, it may enact such an amendment after a finding on the record
that the modification provides a reasonable degree of public health, safety, affordability, and
welfare. The council shall adopt rules in accordance with the Administrative Procedure Act
in order to implement the provisions of this Part.

D.(1) The council shall elect from its members a chairman and vice chairman. The
council shall adopt regulations under the Administrative Procedure Act in order to implement
the provisions of this Part. A meeting may be called by the chairman on his own initiative
and must be called by him at the request of three or more members of the council within
fourteen days of such request. Each member shall be notified by the chairman in writing of
the time and place of the meeting at least seven days before the meeting. Each meeting shall
be open to the public and any official decision of the council may be made only by a vote of
at least two-thirds of those members in attendance at the meeting provided that a quorum is
established prior to a vote. A majority of members of the council shall constitute a quorum.

(2) The domicile of the council shall be East Baton Rouge Parish. The council shall
meet bi-monthly in East Baton Rouge Parish, unless directed to meet more often by the
chairman.

(3) The governor may remove any member of the council for cause or at the request
of the chairman for failure to attend more than half of regularly scheduled meetings within
a twelve-month period.

E. The council and its members shall be immune from personal liability for actions
taken in good faith in the discharge of their responsibilities. The state shall hold the council
and its members harmless from all costs, damages, and attorney fees arising from claims and
suits against them with respect to matters to which such immunity applies.

F.(1) Training and technical assistance in the implementation of the Louisiana State
Uniform Construction Code residential and commercial building energy code provisions
shall be the responsibility of the technology assessment division of the Department of
Conservation and Energy in collaboration with the council, as provided for in Subsection C
of this Section.

(2) The technology assessment division of the Department of Conservation and
Energy shall continue training and technical assistance as funding allows.

G. The executive director of the State Licensing Board for Contractors shall serve
as the executive director of the council and shall not have voting privileges.

H. Notwithstanding any other provisions to the contrary and to the extent deemed
necessary or appropriate for the efficient implementation of its responsibilities under this
Chapter, the State Licensing Board for Contractors is hereby vested with the authority to
delegate its powers and duties to its staff. The executive director shall have the authority to
designate the board's staff to the Louisiana State Uniform Construction Code Council as
needed.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2007, No. 335, §1, eff.
July 9, 2007; Acts 2008, No. 207, §1; Acts 2008, No. 484, §1; Acts 2008, No. 830, §1; Acts
2014, No. 836, §1, eff. June 23, 2014; Acts 2014, No. 836, §3, eff. Jan. 1, 2016; Acts 2022,
No. 635, §1; Acts 2023, No. 150, §14, eff. Jan.10, 2024; Acts 2024, No. 534, §1, eff. July
1, 2026; Acts 2025, No. 120, §2.

NOTE: See Acts 2025, No. 120, §4 regarding superseding of Acts 2024, No. 534.

##### **§ 40:1730.22.1** Repealed by Acts 2014, No. 836, §5, effective Jan. 1, 2016. {#sec-40-1730.22.1 omnilex-key=us-la-statutes--rs-title-40--40:1730.22.1}

*Acts 2014, No. 836, §2, eff. June 23, 2014; Acts 2014, No. 836, §5, eff. Jan. 1, 2016.*

##### **§ 40:1730.23** Enforcement of building codes by municipalities and parishes {#sec-40-1730.23 omnilex-key=us-la-statutes--rs-title-40--40:1730.23}

NOTE: Heading of §1730.23 as amended by Acts 2024, No. 534, eff. July 1, 2026.

*§1730.23. Enforcement of building codes by municipalities, parishes, and the fire marshal*

NOTE: Subsection A eff. until July 1, 2026. See Acts 2024, No. 534.

A. Notwithstanding any other law to the contrary relating to the authority of local
governments to enforce construction codes, all municipalities and parishes in this state shall
enforce only the construction codes provided for in this Part. All municipalities and parishes
shall use building code enforcement officers or certified third-party providers contracted by
the municipality, parish, or regional planning commission to act in the capacity of a building
code enforcement officer to enforce the provisions of this Part. Enforcement procedures by
building code enforcement officers or third-party providers acting in the capacity of a
building code enforcement officer shall include examination or review of plans, drawings,
or specifications; the conducting of inspections; and the issuance, denial, or revocation of
permits. A building code enforcement officer, third-party provider, or third-party provider
contracted by a jurisdiction as provided for in R.S. 40:1730.24(A) shall not conduct plan
review or inspections on a commercial or residential structure if such officer or provider
owns any interest in the legal entity that constructed such commercial or residential structure
or receives any compensation from the legal entity other than the fees that are charged for
plan review or inspections. Nothing in this Subsection shall be construed to prevent a
commercial or residential contractor or homeowner from using a third-party provider as
provided for in R.S. 40:1730.24(B). Nothing in this Subsection shall be construed to prevent
a commercial contractor or commercial owner from using the office of state fire marshal as
a third-party provider as provided for in R.S. 40:1730.24(B) on commercial structures in any
parish within the state with a population of less than forty thousand and whose boundaries
lie completely north of the one hundred ten mile per hour wind line, as shown in the
American Society of Civil Engineers (ASCE-7) basic wind speeds map published in the
latest edition of the International Building Code.

NOTE: Subsection A as amended by Acts 2024, No. 534, eff. July 1, 2026.

*A.(1) Notwithstanding any other law to the contrary relating to the authority of local governments to enforce construction codes, all municipalities and parishes in this state shall enforce only the construction codes provided for in this Part. All municipalities and parishes shall use building code enforcement officers or certified third-party providers contracted by the municipality, parish, or regional planning commission to act in the capacity of a building code enforcement officer to enforce the provisions of this Part. Enforcement procedures by building code enforcement officers or third-party providers acting in the capacity of a building code enforcement officer shall include examination or review of plans, drawings, or specifications; the conducting of inspections; and the issuance, denial, or revocation of permits. A building code enforcement officer, third-party provider, or third-party provider contracted by a jurisdiction as provided for in R.S. 40:1730.24(A) shall not conduct plan review or inspections on a commercial or residential structure if such officer or provider owns any interest in the legal entity that constructed such commercial or residential structure or receives any compensation from the legal entity other than the fees that are charged for plan review or inspections. Nothing in this Paragraph shall be construed to prevent a commercial or residential contractor or homeowner from using a third-party provider as provided for in R.S. 40:1730.24(B). Nothing in this Paragraph shall be construed to prevent a commercial contractor or commercial owner from using the office of state fire marshal as a third-party provider as provided for in R.S. 40:1730.24(B) on commercial structures in any parish within the state with a population of less than forty thousand and whose boundaries lie completely north of the one hundred ten mile per hour wind line, as shown in the American Society of Civil Engineers (ASCE-7) basic wind speeds map published in the latest edition of the International Building Code.*

*(2) Nothing in this Section shall be construed to prevent the fire marshal from enforcing the fire protection, egress, and accessibility provisions of the Louisiana State Uniform Construction Code, excluding the provisions for one- and two-family dwellings, as adopted by the council in accordance with R.S. 40:1730.28.*

B. Nothing in this Part shall conflict with the Federal Department of Housing and
Urban Development's regulations regarding manufactured housing construction or the
provisions of R.S. 51:912.21 et seq., as it relates to manufactured housing installation.
Further, it is the intent of the legislature that any service, renovation, repair, or warranty work
performed on a manufactured home shall be handled under the appropriate federal standards
governing manufactured housing construction or state standards governing installation, and
all such work be under the jurisdiction of the Louisiana Manufactured Housing Commission.
Additionally, the exemption for manufactured housing provided for in this Subsection shall
extend to and include driveways, steps, decks, or other similar accessory structures or work,
but shall not include any additional living area or other type of heated and cooled space
outside of the original footprint of the manufactured home.

C. In connection with the construction of any building, structure, or other
improvement to immovable property, neither the performance of any enforcement procedure
nor any provision of a building code shall constitute or be construed as a warranty or
guarantee by a governmental enforcement agency as to durability or fitness, or as a warranty
or guarantee by a governmental enforcement official or a third-party provider who contracts
with a municipality or parish as provided for in R.S. 40:1730.24(A), that said building,
structure, or other improvement to immovable property or any materials, equipment, or
method or type of construction used therein is or will be free from defects, will perform in
a particular manner, is fit for a particular purpose, or will last in any particular way. In the
enforcement of any provision of a construction code provided for in this Part, or any
regulations governed by R.S. 33:4771 et seq., the performance or non-performance of any
procedure by a governmental enforcement agency, contract employee, or official shall be
deemed to be a discretionary act and shall be subject to the provisions of R.S. 9:2798.1.

D.(1) Notwithstanding any provision of Title 33 of the Louisiana Revised Statutes
of 1950 or any other law to the contrary, no municipality or parish shall require that
residential building plans for one and two family dwellings be prepared or stamped by a
certified architect or engineer if the dwelling falls within the prescriptive standards of the
latest edition of the International Residential Code or its referenced amendments as provided
for in R.S. 40:1730.28.

(2) The provisions of this Section shall be effective for both the duration of the
emergency wind and flood mitigation provisions as provided for in R.S. 40:1730.27 and after
this Part becomes effective statewide as provided for in R.S. 40:1730.28(B).

E.(1) Upon receipt of the certificate of occupancy issued by a local building official
or third-party provider for a new residential construction, a lender who provides a residential
mortgage loan for the purchase of such new residential construction shall file a copy of the
certificate of occupancy in the conveyance records of the parish where the new residential
construction is located. Failure of the lender to file such document in the local conveyance
records shall not invalidate the legal effects of any transaction related to that property,
including but not limited to the construction, purchase, sale, or transfer of title of the new
residential construction.

(2) The homeowner of the new residential construction shall provide the lender a
copy of the certificate of occupancy.

(3) Any lender that files a copy of the certificate of occupancy in the local
conveyance records pursuant to the provisions of this Subsection shall be entitled to assess
a reasonable charge to the borrower for all costs associated with the filing of the certificate,
not to exceed the amount charged by that parish for filing such documents.

(4) If the provisions of this Chapter cease to be enforced in a parish, the provisions
of this Section shall become null and void in that parish.

F. Municipalities and parishes in areas where windblown debris storm shutters are
required by the state uniform construction code may allow occupancy upon receipt of an
affidavit from the property owner stating that the owner has ordered the shutters and will
install the shutters upon receipt. The shutters shall be installed within ninety days of
occupancy. During the ninety-day period, the owner shall notify the parish or municipality
that the shutters have been installed and a final inspection by the parish or municipality shall
be made to verify that the shutters were installed.

G. Any municipality or parish which issues a permit for construction pursuant to this
Part shall provide a list of registered certified building inspectors to the applicant for the
permit at the time the permit is issued.

H. A parish or municipality may accept determinations made by the state fire marshal
as they pertain to life safety and fire protection as required in this Part.

I. The building official for the parish, municipality, or regional planning commission,
as authorized in R.S. 40:1730.24 and appointed pursuant to R.S. 40:1730.25, or a qualified
building code enforcement officer designated by the building official, shall have the authority
to enforce the plumbing provisions adopted pursuant to this Part.

J. For purposes of code enforcement pursuant to this Section, a building code
enforcement officer or a certified third-party provider shall conduct all inspections of any
commercial or residential structure and for all inspections, other than roofing inspections,
shall be present on site for such inspections. A building code enforcement officer or a
certified third-party provider may accept photographs or videos that are location verified with
geotagging for required roofing and reroofing inspections of any commercial or residential
structure.

K. Any municipality or parish which issues a permit for construction pursuant to this
Part shall do all of the following:

(1) Permit and inspect all buildings, other than one- and two-family dwellings, for
roof construction and reroofing in compliance with the International Building Code Chapter
15 requirements as adopted and promulgated by the Louisiana State Uniform Construction
Code Council.

(2) Permit and inspect one- and two-family dwellings for roof construction and
reroofing in compliance with the International Residential Code Chapter 8 and 9
requirements as adopted and promulgated by the Louisiana State Uniform Construction Code
Council.

*Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 2003, No. 387, §1, eff. Jan. 1, 2004; Acts 2008, No. 375, §1; Acts 2008, No. 813, §1; Acts 2008, No. 830, §1; Acts 2011, No. 92, §1; Acts 2011, No. 391, §1; Acts 2014, No. 836, §3, eff. Jan. 1, 2016; Acts 2021, No. 338, §1; Acts 2023, No. 25, §1; Acts 2024, No. 534, §1, eff. July 1, 2026; Acts 2025, No. 239, §1.*

##### **§ 40:1730.24** Agreements with other governmental entities for provision of services; private agreements {#sec-40-1730.24 omnilex-key=us-la-statutes--rs-title-40--40:1730.24}

A. Municipalities and parishes may establish agreements with other governmental entities of the state or certified third-party providers to issue permits and enforce the state uniform construction code in order to provide the services required by this Part. In the event of the establishment of such an agreement, the maximum fees applicable to the issuance of permits and the enforcement of the code shall be established by the governing body of the municipality or parish. The council may assist in arranging for municipalities, parishes, or certified third-party providers to provide the services required by this Part to other municipalities or parishes if a written request from the governing body of the municipality or parish is submitted to the council.

B. Commercial and residential contractors and homeowners who are excepted from the contractor licensing law under R.S. 37:2170 may establish agreements with certified third-party providers to conduct plans review and inspections and enforce the state uniform construction code. On and after January 1, 2007, a third-party provider shall meet the requirements imposed by the council for certificates of registration; however, beginning January 1, 2008, upon application and fulfillment of all other requirements necessary to obtain a certificate of registration, a third-party provider who is a Louisiana licensed architect or engineer shall be granted a certificate of registration without certification by a recognized code organization. Once the council meets for the first time, certified third-party providers shall notify the council of their intention to do business within the state, and the council shall maintain a listing of all certified third-party providers.

C. Municipalities and parishes that establish agreements with other governmental entities of the state or certified third-party providers to enforce the state uniform construction code shall not impose a fee for inspections not performed by the municipality or parish if a fee for the inspection was collected by the governmental entity or third-party provider that actually performed the inspection.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, 1st Ex. Sess., No. 11, §1, eff. Feb. 23, 2006; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 343, §1; Acts 2008, No. 830, §1; Acts 2011, No. 391, §1.*

##### **§ 40:1730.25** Appointment of building official or contractual arrangement for such services; affidavit for exemption {#sec-40-1730.25 omnilex-key=us-la-statutes--rs-title-40--40:1730.25}

Each parish and municipality shall appoint a council-certified building official or contract with other governmental entities or third parties as authorized in R.S. 40:1730.24 of this Part so that the unincorporated area of the parish is under the jurisdiction of a council-certified building official. A parish or municipality may use a certified building inspector in lieu of a certified building official for a period not to exceed four years from the date the state uniform construction code becomes effective in the parish or municipality. No building official or certified building inspector shall be appointed if he has any interest in any legal entity that performs commercial or residential construction within the jurisdiction in which he would be appointed. Nothing in this Part shall prevent a municipality or parish from appointing and employing other council-certified personnel and assistants necessary to perform the required inspections and technical duties and prescribing fees for construction permits and inspections as provided by law.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2008, No. 830, §1.*

##### **§ 40:1730.26** Adoption and promulgation of certain building codes and standards as State Uniform Construction Code; procedures {#sec-40-1730.26 omnilex-key=us-la-statutes--rs-title-40--40:1730.26}

The council shall review, adopt, modify, and promulgate the building codes
referenced in R.S. 40:1730.28 and 1730.28.1, provided that:

(1) The council shall promulgate rules and regulations to modify portions of the State
Uniform Construction Code referenced in R.S. 40:1730.28 of this Part pursuant to the
provisions of the Administrative Procedure Act, R.S. 49:950 et seq. Such rules and
regulations may include, but not be limited to use of certain mapping systems regarding soil
testing.

(2)(a) The council shall promulgate rules and regulations to adopt portions of the
State Uniform Construction Code referenced in R.S. 40:1730.28.1 pursuant to the procedures
established by the Administrative Procedure Act, R.S. 49:950 et seq. Notwithstanding the
provisions of R.S. 49:966(B)(12), the Senate Committee on Commerce, Consumer
Protection, and International Affairs; the Senate Committee on Health and Welfare, the
House Committee on Commerce; and the House Committee on Health and Welfare, shall
have oversight of the initial adoption of the portions of the State Uniform Construction Code
referenced in R.S. 40:1730.28.1.

(b) The Senate Committee on Commerce, Consumer Protection, and International
Affairs and the House Committee on Commerce shall receive notice of intent to modify
portions of the State Uniform Construction Code and shall have oversight of any such
modifications pursuant to the provisions of the Administrative Procedure Act.

(3)(a) The council shall review, evaluate, and update the State Uniform Construction
Code no later than five years from the date of publication of the appropriate code as provided
for in R.S. 40:1730.28. The council shall submit the updated State Uniform Construction
Code to the House Committee on Commerce and the Senate Committee on Commerce,
Consumer Protection, and International Affairs for oversight and approval. Additionally, the
council shall provide the members of each house of the legislature a summary of the major
proposed changes to the International Residential Code at the time of submission to the
oversight committees.

(b) The council shall have the authority to suspend the five-year deadline as
referenced in Subparagraph (a) of this Paragraph for a period of up to one year due to
extraordinary circumstances.

(c) "Extraordinary circumstances" means a federally declared disaster, a
gubernatorially declared disaster or emergency, a pandemic, or other acts of God.

(4) The council shall, pursuant to the Administrative Procedure Act, adopt or modify,
or both, provisions of the State Uniform Construction Code to satisfy the requirements of any
consent decree or order relative to maintaining or building a public sewage system which is
entered in a federal court of competent jurisdiction. Such provisions shall specify in which
municipalities or parishes the rules and regulations adopted pursuant to this Paragraph shall
apply.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 484, §1; Acts 2009, No. 501, §1; Acts 2013, No. 390, §1, eff. Jan. 1, 2014; Acts 2014, No. 836, §1, eff. June 23, 2014; Acts 2022, No. 160, §1.*

##### **§ 40:1730.27** Adoption and enforcement of emergency wind and flood mitigation requirements {#sec-40-1730.27 omnilex-key=us-la-statutes--rs-title-40--40:1730.27}

A. The wind and flood mitigation requirements prescribed by the 2003 International Building Code and the 2003 International Residential Code, as modified in R.S. 40:1730.28(A)(3), shall apply within the parishes of Calcasieu, Cameron, Vermilion, Iberia, St. Tammany, Orleans, Jefferson, St. Bernard, Plaquemines, Terrebonne, and Lafourche.

B. Emergency wind and flood building requirements adopted in this Section shall remain in force until January 1, 2007.

C. Except as otherwise provided herein, the emergency wind and flood mitigation requirements adopted by this Section shall be enforced pursuant to R.S. 40:1730.23 and 1730.24 of this Part. If municipalities and parishes are unable to enforce the emergency wind and flood mitigation requirements prescribed in this Section on the effective dates provided for in Subsection D of this Section, the Louisiana Department of Public Safety and Corrections shall enforce them as long as they remain in effect.

D. The provisions of this Section shall go into effect thirty days from November 29, 2005, for parishes and municipalities that have code enforcement procedures in place on November 29, 2005. For those parishes and municipalities without code enforcement procedures, the provisions of this Section shall be applied no later than ninety days from November 29, 2005.

E. The Department of Public Safety and Corrections, office of state fire marshal, may establish contract agreements with parishes, municipalities, and third-party providers in order to provide enforcement of this Section.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006.*

##### **§ 40:1730.28** Mandatory adoption of certain nationally recognized codes and standards as the state uniform construction code; adoption by reference {#sec-40-1730.28 omnilex-key=us-la-statutes--rs-title-40--40:1730.28}

A. Except as provided in Subsection C of this Section, the council shall evaluate,
adopt, and amend only the latest editions of the following as the State Uniform Construction
Code:

NOTE: Paragraph (A)(1) eff. until July 1, 2026. See Acts 2024, No. 534, eff. July
1, 2026.

(1) International Building Code, not including Parts I-Administrative, Chapter 11-Accessibility, and Chapter 27-Electrical. The applicable standards referenced in that code
are included for regulation of construction within this state. The appendices of that code may
be adopted as needed, but the specific appendix or appendices shall be referenced by name
or letter designation at the time of adoption.

NOTE: Paragraph (A)(1) eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1,
2026.

*(1) International Building Code, not including Parts I-Administrative, and Chapter 27-Electrical. The applicable standards referenced in that code are included for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices shall be referenced by name or letter designation at the time of adoption.*

(2) International Existing Building Code, not including Parts I-Administrative, and
the standards referenced in that code for regulation of construction within this state. The
appendices of that code may be adopted as needed, but the specific appendix or appendices
must be referenced by name or letter designation at the time of adoption.

(3)(a) International Residential Code, not including Part I-Administration and
VIII-Electrical. The applicable standards referenced in that code are included for regulation
of construction within this state. The enforcement of such standards shall be mandatory only
with respect to new construction, reconstruction, additions to homes previously built to the
International Residential Code, and extensive alterations; however, a municipality, parish,
or regional planning commission may enforce Appendix J of the code at its option. The
appendices of that code may be adopted as needed, but the specific appendix or appendices
shall be referenced by name or letter designation at the time of adoption, with the exception
of Appendix J, Existing Buildings and Structures, which shall not be adopted by the council
and may be adopted and enforced only at the option of a parish, municipality, or regional
planning commission. For the purposes of this Part, IRC R301.2.1.1 (Design Criteria) shall
be amended as follows and shall apply only to the International Residential Code, 2003
edition:

(i) Amendment of R301.2.1.1 (Design Criteria).

(ii) Item 6, the American Concrete Institute, *Guide to Concrete Masonry Residential Construction in High Winds Areas* , shall be added.

(iii) Item 7, Institute for Business & Home Safety, *Optional Code-plus Fortified for Safer Living* , shall be added.

(iv) Item 8, Federal Alliance for Safe Homes, *Optional Code-plus Blueprint for Safety* , shall be added.

(b) For purposes of this Paragraph, an extensive alteration shall mean an alteration
when the total area of all the work areas included in the alteration exceeds fifty percent of
the area of the dwelling unit.

(c) For purposes of this Paragraph, "reconstruction" and "alteration" shall have the
same meaning as such terms are defined in Appendix J of the 2006 edition of the
International Residential Code. For purposes of this Paragraph, "addition" shall have the
same meaning as such term is defined in Part II of the 2006 edition of the International
Residential Code.

(d) The council shall not adopt any part of the International Residential Code that is
excluded by Subparagraph (A)(3)(a) of this Section. Further, any rule that adopts or has been
adopted to add an excluded part of the code shall be deemed invalid.

(e) The council shall not adopt or enforce any part of the International Residential
Code or any other code or regulation that requires a fire protection sprinkler system in one-
or two-family dwellings. Further, no municipality or parish shall adopt or enforce an
ordinance or other regulation requiring a fire protection sprinkler system in one- or
two-family dwellings.

(f) Factory-built homes shall be inspected in accordance with the codes in effect for
the locality where the home will be ultimately sited, on the date construction begins in the
factory.

(g) Repealed by Acts 2022, No. 635, §2.

(h) Repealed by Acts 2014, No. 836, §4, eff. Jan. 1, 2016.

(4) International Mechanical Code and the standards referenced in that code for
regulation of construction within this state. The appendices of the code provided in this
Paragraph may be adopted as needed, but the specific appendix or appendices must be
referenced by name or letter designation at the time of adoption.

(5) The International Plumbing Code. The appendices of that code may be adopted
as needed, but the specific appendix or appendices shall be referenced by name or letter
designation at the time of adoption.

(6) International Fuel Gas Code and the standards referenced in that code for
regulation of construction within this state. The appendices of the code provided in this
Paragraph may be adopted as needed, but the specific appendix or appendices must be
referenced by name or letter designation at the time of adoption.

(7) International Energy Conservation Code and all optional compliance paths
contained therein, and the standards referenced in that code.

(8) National Electric Code.

B. The initial code adopted by the council under the provisions of this Part shall
become effective on January 1, 2007.

C. For purposes of Paragraph (A)(3) of this Section, the 2006 edition of the
International Residential Code is hereby adopted and amended to include Section R301.2.1.1
of the 2003 edition of the International Residential Code in lieu of Section R301.2.1.1 of the
2006 edition. The code adopted and amended above in this Subsection shall remain in effect
until the 2009 edition of the International Residential Code is published, at which time such
edition of the code shall be adopted by the council as provided in Subparagraph (A)(3)(a) of
this Section. Thereafter, the council shall evaluate and adopt the latest edition of the
International Residential Code as provided in Subparagraph (A)(3)(a) of this Section.

D.(1) The state health officer may provide the council with recommended
amendments to the plumbing provisions adopted pursuant to this Section. All recommended
amendments provided to the council by the state health officer shall be presented to the
council for review. The council shall review recommended amendments and vote on
whether or not to include such amendments as part of the State Uniform Construction Code
at the next regularly scheduled meeting of the council, but no sooner than thirty days after
receipt.

(2) Nothing in this Section nor any provisions adopted pursuant to this Section shall
lessen the licensing qualifications and requirements provided in R.S. 37:1361 et seq.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 458, §1, eff. June 15, 2006; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 484, §1; Acts 2010, No. 685, §1, eff. June 29, 2010; Acts 2013, No. 390, §1, eff. Jan. 1, 2014; Acts 2014, No. 836, §§3,4, eff. Jan. 1, 2016; Acts 2022, No. 635, §§1, 2; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1730.28.1** Mandatory adoption of plumbing provisions of certain nationally recognized codes and standards; amendments; effective date {#sec-40-1730.28.1 omnilex-key=us-la-statutes--rs-title-40--40:1730.28.1}

A. Notwithstanding R.S. 40:1730.28, the council shall evaluate, adopt, and amend the latest editions of the following as part of the State Uniform Construction Code:

(1) The International Building Code, Chapter 29-Plumbing Systems.

(2) The International Residential Code, Part VII-Plumbing.

(3) The International Plumbing Code.

B. The codes listed in Subsection A of this Section as adopted by the council shall become effective January 1, 2016.

C.(1)(a) The Plumbing Transition Commission, provided for in R.S. 40:1730.22.1, hereinafter in this Section referred to as the "commission", may provide the council with amendments to include in the plumbing provisions adopted pursuant to this Section.

(i) The council shall include amendments in the plumbing provisions adopted pursuant to this Section that are provided by the commission pursuant to R.S. 40:1730.22.1(B)(2)(a).

(ii) The council shall vote, in accordance with the voting requirements in R.S. 40:1730.22(D), on whether or not to include amendments which are provided pursuant to R.S. 40:1730.22.1(B)(2)(b) in the plumbing provisions adopted pursuant to this Section.

(b) The council shall be in receipt of all amendments from the commission to be included in the plumbing provisions to be adopted pursuant to this Section by June 15, 2015. The commission shall not provide any further amendments to the council for the plumbing provisions adopted pursuant to this Section after June 15, 2015.

D. Nothing in this Section nor any provisions adopted pursuant to this Section shall lessen the licensing qualifications and requirements provided in R.S. 37:1361 et seq.

*Acts 2014, No. 836, §1, eff. June 23, 2014.*

##### **§ 40:1730.28.2** State Uniform Construction Code; requirements and prohibitions {#sec-40-1730.28.2 omnilex-key=us-la-statutes--rs-title-40--40:1730.28.2}

A. The State Uniform Construction Code shall:

(1) Require methods of back flow prevention to prevent contaminated water from flowing back into the public water system.

(2) Prohibit plumbing vent systems using air admittance valves.

(3) Require that a trap seal primer valve be installed where a trap seal is subject to loss by evaporation.

B. The council shall adopt rules and regulations in accordance with R.S. 40:1730.26(2)(a) to implement the provisions of this Section. Any modifications to the rules and regulations adopted pursuant to this Section shall be adopted in accordance with the provisions of R.S. 40:1730.26(2)(b).

*Acts 2014, No. 836, §1, eff. June 23, 2014.*

##### **§ 40:1730.28.3** Authority of the Louisiana Department of Health {#sec-40-1730.28.3 omnilex-key=us-la-statutes--rs-title-40--40:1730.28.3}

Nothing in this Part or any provision adopted pursuant to this Part shall prohibit the
Louisiana Department of Health from the following:

(1) Regulating stored water temperatures through enforcement of the Sanitary Code.

(2) Regulating medical gas and medical vacuum systems.

*Acts 2014, No. 836, §1, eff. June 23, 2014.*

##### **§ 40:1730.28.4** Energy Code Commission: members; purpose; procedure; termination {#sec-40-1730.28.4 omnilex-key=us-la-statutes--rs-title-40--40:1730.28.4}

A. The Energy Code Commission, hereinafter referred to as the "commission", is
hereby created and shall be composed of the following voting members:

(1) The president of the Louisiana Home Builders Association (LHBA) or his
designee.

(2) The president of the Building Officials Association of Louisiana, Inc., or his
designee.

(3) The president of AIA Louisiana or his designee.

(4) The president of the New Orleans ASHRAE Chapter or his designee.

(5) The president of the Apartment Association of Louisiana, Inc., or his designee.

(6) The president of the Greater New Orleans Housing Alliance or his designee.

(7) The chairman of the Associated Builders and Contractors of Louisiana or his
designee.

(8) The general president of the Laborers' International Union of North America or
his designee.

(9) The state president of the HVACR Association of Louisiana or his designee.

(10) The president of the Louisiana Associated General Contractors, Inc., or his
designee.

(11) The chairman of the Louisiana Chemical Association or his designee.

(12) The president of the Louisiana REALTORS or his designee.

(13) A designee of the Southeast Louisiana Coalition of the Air Conditioning
Industry who is a RESNET HERS rater designated by the president of the Southeast
Louisiana Coalition of the Air Conditioning Industry.

B. In addition to the voting members of the commission, the commission shall be
composed of the following nonvoting members:

(1) The secretary of the Department of Conservation and Energy or his designee.

(2) The director of the facilities planning and control department, division of
administration, or his designee.

(3) The chairman of the Technical Committee of the Louisiana State Uniform
Construction Code Council, Department of Public Safety and Corrections, or his designee.

C. The names of the members chosen or designated as provided in Subsections A
and B of this Section shall be submitted to the chairman of the council on or before August
1, 2022.

D. The commission shall cease to exist and have no authority upon the adoption of
the 2021 International Energy Conservation Code as provided by R.S. 40:1730.28(7)
pursuant to the council's authority to promulgate rules in accordance with the Administrative
Procedure Act, R.S. 49:950 et seq.

E.(1) The primary function of the commission shall be to provide amendments to the
code delineated in R.S. 40:1730.28.5 in order to address energy efficiency requirements to
reduce the long-term energy cost burden for building occupants in this state.

(2) A vote on proposed amendments shall take place only when a quorum of the
commission members is present. A simple majority of the commission shall constitute a
quorum.

(3) The commission shall provide amendments to the council that have been
approved by a majority vote of the total members of the commission present and voting, and
those amendments shall be included in the provisions of the code adopted by the council
pursuant to R.S. 40:1730.28.5.

*Acts 2022, No. 635, §1; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.*

##### **§ 40:1730.28.5** Mandatory adoption of the energy code provisions of certain nationally recognized codes and standards; amendments; effective date {#sec-40-1730.28.5 omnilex-key=us-la-statutes--rs-title-40--40:1730.28.5}

A. Notwithstanding R.S. 40:1730.28, the council shall evaluate, adopt, and amend
the latest editions of the following as part of the State Uniform Construction Code:

(1) The International Energy Conservation Code.

(2) The International Residential Code, Part IV Energy Efficiency.

B. The codes listed in Subsection A of this Section as adopted by the council shall
become effective July 1, 2023.

C.(1) The commission shall provide the council with amendments to include in the
energy code provisions adopted pursuant to this Section.

(2) The council shall adopt only amendments to the energy code provisions adopted
pursuant to this Subsection that are provided by the commission pursuant to R.S.
40:1730.28.4(E)(3).

(3) The council shall be in receipt of all amendments from the commission to be
included in the energy efficiency provisions to be adopted pursuant to this Section by
December 31, 2022, and the commission shall not provide any further amendments to the
council after this date.

*Acts 2022, No. 635, §1.*

##### **§ 40:1730.29** Regulation of construction or improvement of industrial facilities {#sec-40-1730.29 omnilex-key=us-la-statutes--rs-title-40--40:1730.29}

A. Excluding the applicable requirements of the International Plumbing Code, the provisions of this Part shall not apply to the construction or improvement inside the secured or fenced confines of the following types of industrial facilities that are engaged in activities defined or classified under one or more of the following subsectors, industry groups, or industries of the 2012 North American Industry Classification System (NAICS):

(1) 22111 electric power generation.

(2) 3211 saw mills and wood preservation.

(3) 322 paper manufacturing.

(4) 324 petroleum and coal products manufacturing.

(5) 325 chemical manufacturing.

(6) 326 plastics and rubber products manufacturing.

(7) 331 primary metal manufacturing.

(8) 562211 hazardous waste treatment and disposal.

(9) 562212 solid waste landfill.

(10) 424710 petroleum bulk stations and terminals.

(11) 486110 pipeline transportation of crude oil.

(12) 486910 pipeline transportation of refined petroleum products.

(13) 482610 pipeline transportation of natural gas.

(14) 486990 all other pipeline transportation.

(15) 211112 natural gas liquid extraction.

(16) 211 oil and gas extraction.

(17) 3212 veneer, plywood, and engineered wood product manufacturing.

(18) 486 pipeline transportation.

(19) 213 support activities for mining.

B. The council may adopt by rule, in accordance with the Administrative Procedure Act, compatible NAICS code designations updates.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2013, No. 390, §1, eff. Jan. 1, 2014; Acts 2014, No. 836, §3, eff. Jan. 1, 2016.*

##### **§ 40:1730.30** Regulation of construction or improvement of farm, recreational, and residential accessory structures; authority to issue building permits {#sec-40-1730.30 omnilex-key=us-la-statutes--rs-title-40--40:1730.30}

A.(1) For purposes of this Section, "farm structure" means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm including but not limited to barns, sheds, and poultry houses but not public livestock areas. For purposes of this Section, "farm structure" does not include a structure originally qualifying as a "farm structure" but later converted to another use.

(2) For purposes of this Section, "residential accessory structure" means a structure not exceeding five hundred square feet in footprint, and not attached to a residence that is used as an accessory to the primary use of the residence, and not constructed in regions where the basic wind speeds from Figure R301.2(4) of the International Residential Code, as promulgated by the council, equal or exceed one hundred miles per hour, or forty-five meters per second, in hurricane-prone regions or one hundred ten miles per hour, or forty-nine meters per second, elsewhere.

B. The governing authority of a parish or municipality shall not enforce that portion of the state uniform construction code which regulates the construction or improvement of a farm structure or private outdoor recreational structure, other than a residence or structure attached to a residence, such as a hunting or fishing camp or residential accessory structure. However, a municipality with a population in excess of forty-five thousand according the latest federal decennial census may enforce that portion of the state uniform construction code which regulates the construction or improvement of a residential accessory structure.

C. For residential construction, the standards published by the Federal Emergency Management Agency for the National Flood Insurance Program shall apply.

D. The provisions of this Section shall not affect the power of the governing authority of a parish or municipality to issue building permits before the construction or improvement of a farm or private outdoor recreational structure.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2008, No. 830, §1.*

##### **§ 40:1730.31** Mandamus and injunctive relief for violation of code or regulation; penalties {#sec-40-1730.31 omnilex-key=us-la-statutes--rs-title-40--40:1730.31}

For a violation of the building codes or regulations adopted pursuant to this Part, the local building official may enjoin further construction of the project as provided by local ordinance. The municipal, district, or parish attorney, attorney general, or other appropriate authorities of a political subdivision, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding in the district court of the parish where the violation occurred.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.*

##### **§ 40:1730.32** Imposition of fees {#sec-40-1730.32 omnilex-key=us-la-statutes--rs-title-40--40:1730.32}

Nothing in this Part shall prohibit the governing authority of a parish or municipality from imposing fees necessary to implement and continue the provisions required by this Part as provided by law.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.*

##### **§ 40:1730.33** Codes applicable to building inspections {#sec-40-1730.33 omnilex-key=us-la-statutes--rs-title-40--40:1730.33}

A. Notwithstanding any other law to the contrary, an inspector shall conduct a
building inspection using the requirements of the codes in effect for the locality on the date
of the issuance of the original building permit when performing inspections on residential
structures for the purposes of allowing occupancy and reconnecting utilities. When
conducting inspections to allow occupancy or reconnecting utilities to an existing residential
structure, the intent of the inspection is to ascertain the general safety of the structure and its
appropriateness for occupancy.

(1) If no date of issuance of an original building permit can be found, an inspector
shall conduct the inspection using the requirements of the codes in effect on the date of
submission of the original building permit application.

(2) If no date of application for, or date of issuance of, the original building permit
is available, the building official of the applicable parish planning and development service
or similar agency shall use court records and other available documents, such as transfer of
property records, mortgage records, tax records, or rent records, to ascertain the nearest date
possible to the issuance of the original building permit. If the building official is able to
determine a date pursuant to the requirements of this Paragraph, an inspector shall conduct
the inspection using the requirements of the codes in effect on the date established by the
building official.

(3) If ambiguity exists after attempting to determine an applicable date under
Paragraphs (1) and (2) of this Subsection, an inspector shall conduct an inspection using the
requirements of the least restrictive codes in effect during the period of time beginning one
calendar year prior to and ending one calendar year subsequent to the earliest recorded date
of transfer of the property to be inspected.

B. Nothing in this Section shall be construed to authorize an inspector to have or use
discretion in determining what codes shall apply to an inspection pursuant to this Part.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2022, No. 705, §1.*

##### **§ 40:1730.34** Responsibility of Louisiana State Construction Code Council for registration of building codes enforcement officers; record of hearings and proceedings; register of applications for certificates of registration {#sec-40-1730.34 omnilex-key=us-la-statutes--rs-title-40--40:1730.34}

A. The Louisiana State Uniform Construction Code Council is responsible for the registration of building codes enforcement officers pursuant to this Part. When used in this Part "building codes enforcement officer" means a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer.

B. The council or its designated representatives may conduct hearings and proceedings required by law or considered necessary by the council. The council and its members shall be subject to the Open Meetings Law, the Public Records Law, and the Code of Governmental Ethics, provided however, that when any member of the council has a real or perceived conflict of interest upon an issue before the council, he shall recuse himself from participation in that issue by providing a verbal explanation of the real or perceived conflict to the council. The Department of Public Safety and Corrections shall employ and supervise personnel necessary for the administration of this Part. The council may promulgate regulations under the provisions of the Administrative Procedure Act for the proper enforcement of this Part.

C. The council shall keep a record of its hearings and proceedings and a register of applications for the certificates of registration showing the date of application, name, qualifications, and addresses of the business and residence of the applicant and whether the certificate is approved or denied. The council shall publish at least annually the applications in the register which are approved. Applicants and registrants shall notify the council of changes in required information within ten days of a change.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.*

##### **§ 40:1730.35** Application and issuance of certificates of registration; provisional certificates of registration; registration {#sec-40-1730.35 omnilex-key=us-la-statutes--rs-title-40--40:1730.35}

A. A person desiring to be registered as a building code enforcement officer as required by this Part shall apply to the council for a certificate of registration.

B. An applicant shall furnish satisfactory proof to the council of valid certification by a recognized code organization or testing agency that is prescribed by the council in the general or special capacity in which he desires to be registered; however, beginning August 1, 2008, and upon application and fulfillment of all other requirements necessary to obtain a certificate of registration, an employee of the state of Louisiana or one of its political subdivisions who is a Louisiana licensed architect or engineer shall be granted a certificate of registration without certification by a recognized building code organization or testing agency. Special certificates of registration authorize the registrant to practice in the named specialty only. General certificates of registration are not restricted. The council or its designated representatives shall review the guidelines employed by the organization or agency in order to determine their continued compatibility with the requirements considered by the council to be consistent with this Part.

C.(1) Certificates of registration may be issued without certification by a recognized code organization or testing agency to building code enforcement officers employed in code enforcement on January 1, 2007, only for the position and locality held at the time of registration pursuant to this Section. Such provisional certificates of registration are valid for the time period stipulated by regulation of the council for each registration classification from the date of issuance. The certificates of registration provided for in this Paragraph may not be renewed except as provided in Subsection B of this Section.

(2) Certificates of registration may be issued without certification by a recognized code organization or testing agency to building code enforcement officers who have been employed in building code enforcement for at least ten years on January 1, 2007, only for the position and locality held at the time of registration pursuant to this Section. Building code enforcement officers who are registered pursuant to this Paragraph shall comply with all continuing education requirements established by the council.

D. Upon initial employment by a parish, municipality, or other political subdivision, an individual must be granted a provisional certificate of registration without certification by a recognized code organization or testing agency, provided that such individual is under the supervision of a code enforcement officer who is certified by the International Code Council. Such provisional certificate of registration is valid for the time period stipulated by regulation of the council for each registration classification from the date of issuance. The provisional certificate of registration may not be renewed except as provided in Subsection B of this Section.

E. The council shall have the authority to suspend or revoke certificates of registration upon any violation of this Part after notice and a proper hearing. The council shall implement rules for such proceedings under the Administrative Procedure Act.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006; Acts 2008, No. 830, §1; Acts 2009, No. 325, §1.*

##### **§ 40:1730.36** Registration required to practice as code enforcement officer; violations; penalty {#sec-40-1730.36 omnilex-key=us-la-statutes--rs-title-40--40:1730.36}

On or after January 1, 2007, no person may practice as a code enforcement officer in this state unless registered as provided in this Part. A person violating the provisions of this Part shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day the violation continues is a separate offense.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006.*

##### **§ 40:1730.37** Injunction to restrain person from violating this Part {#sec-40-1730.37 omnilex-key=us-la-statutes--rs-title-40--40:1730.37}

If the council has reason to believe that a person is violating or intends to violate a provision of this Part, in addition to other remedies, it may order the person immediately to refrain from the conduct. The council may apply to the district court of the parish for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue other orders in the matter it considers proper. No bond is required of the council by the court as a condition to the issuance of an injunction or other order pursuant to this Part.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.*

##### **§ 40:1730.38** Duration of certificates; renewal; continuing education requirements; funding {#sec-40-1730.38 omnilex-key=us-la-statutes--rs-title-40--40:1730.38}

A certificate of registration issued under R.S. 40:1730.35(B) is valid for one year and expires on the last day of the month of issuance. Renewal of all registrations must be based upon a determination by the council of the applicant's participation in council-approved continuing education programs. The council must promulgate regulations setting forth the continuing education requirements for building code enforcement officers. A person failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants under R.S. 40:1730.35(B) and may not practice until registered in accordance with this Part.

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.*

##### **§ 40:1730.39** Powers of state fire marshal {#sec-40-1730.39 omnilex-key=us-la-statutes--rs-title-40--40:1730.39}

NOTE: Paragraph (A)(1) eff. until July 1, 2026. See Acts 2024, No. 534, eff. July
1, 2026.

A.(1) The state fire marshal may establish contract agreements with municipalities
and parishes in order to provide code enforcement on behalf of the municipality or parish as
provided in R.S. 40:1730.24 of this Part.

NOTE: Paragraph (A)(1) eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1,
2026.

*A.(1) The state fire marshal may enter into agreements by letter of intent with municipalities and parishes in order to provide code enforcement on behalf of the municipality or parish as provided in R.S. 40:1730.24.*

(2)(a) The agreement may include a provision that permits the state fire marshal to
take into consideration practical and unreasonable economic hardships before applying the
strict requirements of this Part. Pursuant to the contractual agreement with a municipality or
parish executed in accordance with the provisions of this Subsection and upon appeal of the
professional of record for a plan review of a structure, except one- or two-family dwellings,
the state fire marshal may allow alternative materials, design, and methods of construction
and equipment that comply with the provisions of the International Building Code, Chapter
1-Scope and Administration, relative to alternative materials, design, and methods of
construction and equipment.

(b) The state fire marshal may adopt, in accordance with the Administrative
Procedure Act, the provisions set forth in the International Building Code, Chapter 1-Scope
and Administration, relative to alternative materials, design, and methods of construction and
equipment.

B. Nothing in this Part shall be construed so as to prevent the state fire marshal from
enforcing the fire protection, life safety, accessibility, and high rise laws of this state, the
enforcement of which are his statutory and regulatory responsibility.

NOTE: Subsection C eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1,
2026.

C. Nothing in this Part shall be construed so as to prevent the state fire marshal from
enforcing the Commercial Building Energy Conservation Code as provided in R.S.
40:1730.41 et seq.

NOTE: Subsection C eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

*C. The fire marshal shall enforce the fire protection, egress, and accessibility provisions of the Louisiana State Uniform Construction Code, excluding the provisions for one- and two-family dwellings, with referenced standards as adopted by the council in accordance with R.S. 40:1730.28.*

*Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 364, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1730.40** Municipalities and parishes; home rule charter {#sec-40-1730.40 omnilex-key=us-la-statutes--rs-title-40--40:1730.40}

A. Nothing in this Part shall conflict with the provisions of Article VI, Sections 4 and 6 of the Constitution of Louisiana pertaining to the powers, functions, and duties of local governments or the structure and organization or the particular distribution and redistribution of the powers and functions of any local government operating under a home rule charter, or otherwise prohibit a local government from adopting ordinances for the local administration of the construction code provided for in this Part or for any procedures in connection with the local enforcement of the provisions of this Part.

B. In the enforcement of any provision of the construction code provided for in this Part, if any provision of this Part conflicts with the provisions of a home rule charter pertaining to the powers, functions, and duties of local governments or the structure and organization or the particular distribution and redistribution of the powers and functions of such local government, the provisions of such home rule charter shall supersede the conflicting provisions of this Part.

C. Nothing in this Section shall allow any local government to avoid enforcement or otherwise amend any of the mandatory construction code provisions required by R.S. 40:1730.28 or prohibit commercial and residential contractors or homeowners from using certified third-party providers pursuant to R.S. 40:1730.24.

*Acts 2008, No. 306, §1, eff. June 17, 2008.*

##### **§ 40:1730.40.1** Plumbing provisions of or adopted pursuant to this Part; court orders or consent decrees {#sec-40-1730.40.1 omnilex-key=us-la-statutes--rs-title-40--40:1730.40.1}

Any order or consent decree relative to maintaining or building a public sewage system which is entered in a federal court of competent jurisdiction shall supercede the plumbing provisions of this Part or plumbing provisions adopted pursuant to this Part.

*Acts 2014, No. 836, §1, eff. June 23, 2014.*

##### **§ 40:1730.40.2** Plumbing provisions; manufactured housing {#sec-40-1730.40.2 omnilex-key=us-la-statutes--rs-title-40--40:1730.40.2}

Notwithstanding any provision to the contrary, all manufactured homes that are built to federal construction standards shall only be subject to the plumbing provisions in federal law. Manufactured homes shall not be subject to state plumbing regulations, regardless if the manufactured home is connected to a public or private sewer system; however, such connection shall be completed and maintained by a Louisiana licensed plumber.

*Acts 2014, No. 836, §1, eff. June 23, 2014.*

#### **PART IV-C** STATE BUILDING ENERGY CONSERVATION CODE

##### **§ 40:1730.41** Short title {#sec-40-1730.41 omnilex-key=us-la-statutes--rs-title-40--40:1730.41}

This Part shall be known, and may be cited and referred to, as the "State Building
Energy Conservation Code".

*Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.*

##### **§ 40:1730.42** Definitions {#sec-40-1730.42 omnilex-key=us-la-statutes--rs-title-40--40:1730.42}

(1) "Historic buildings" means those buildings specifically designated as historically
significant by the state historic preservation officer or by official action of a local
government.

(2) "International Energy Conservation Code" means the document developed by the
International Code Council, Inc., entitled "International Energy Conservation Code", also
referred to as "IECC".

*Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2007, No. 110, §1, eff. June 22, 2007; Acts 2012, No. 562, §1; Acts 2022, No. 635, §1.*

##### **§ 40:1730.43** Purpose {#sec-40-1730.43 omnilex-key=us-la-statutes--rs-title-40--40:1730.43}

It is the intent and purpose of this Part to institute minimum energy conservation
standards for new construction and all applicable alterations and repairs of state-owned and
state-funded buildings within Louisiana.

*Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.*

##### **§ 40:1730.44** Scope of State Building Energy Conservation Code {#sec-40-1730.44 omnilex-key=us-la-statutes--rs-title-40--40:1730.44}

A. New state buildings constructed in Louisiana shall comply with the State Building
Energy Conservation Code.

B. The facility planning and control section of the division of administration may
modify the specific requirements of this Part for state-owned historic buildings and may
provide alternate requirements which will result in a reasonable degree of energy efficiency.

*Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.*

##### **§ 40:1730.45** Adoption of State Building Energy Conservation Code; enforcement; rules {#sec-40-1730.45 omnilex-key=us-la-statutes--rs-title-40--40:1730.45}

A. The International Energy Conservation Code, 2021 edition, or latest edition
promulgated by the Louisiana Uniform Construction Code Commission, as defined by R.S.
40:1730.28(A), with state amendments, is hereby adopted as the State Building Energy
Conservation Code.

B.(1) For state-owned facilities, statewide enforcement of the provisions of this Part
shall be the responsibility of the facility planning and control section of the division of
administration.

(2) No construction shall commence on any new state-owned facility unless the
facility planning and control section of the division of administration has determined that the
building plans, specifications, and energy code compliance documents are in compliance
with the State Building Energy Conservation Code.

(3) No alterations or repairs to any existing state-owned facility shall commence
unless the facility planning and control section of the division of administration has
determined that the building plans, specifications, and energy code compliance documents
for that portion being altered or repaired are in compliance with the applicable part of the
State Building Energy Conservation Code.

C. The facility planning and control section of the division of administration shall
have the power to promulgate rules and regulations necessary to enforce the provisions of
this Part.

*Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2007, No. 110, §1, eff. June 22, 2007; Acts 2012, No. 562, §1; Acts 2022, No. 635, §1.*

##### **§ 40:1730.46** Repealed by Acts 2022, No. 635, §2. {#sec-40-1730.46 omnilex-key=us-la-statutes--rs-title-40--40:1730.46}

*Repealed by Acts 2022, No. 635, §2.*

##### **§ 40:1730.47** Repealed by Acts 2022, No. 635, §2. {#sec-40-1730.47 omnilex-key=us-la-statutes--rs-title-40--40:1730.47}

*Repealed by Acts 2022, No. 635, §2.*

##### **§ 40:1730.48** Repealed by Acts 2022, No. 635, §2. {#sec-40-1730.48 omnilex-key=us-la-statutes--rs-title-40--40:1730.48}

*Repealed by Acts 2022, No. 635, §2.*

##### **§ 40:1730.49** Louisiana major facility project; energy efficiency and conservation; requirements {#sec-40-1730.49 omnilex-key=us-la-statutes--rs-title-40--40:1730.49}

A. The office of facility planning and control of the division of administration shall
adopt rules and regulations which:

(1) Optimize the energy performance of state-funded buildings throughout the state.

(2) Increase the demand for building and construction materials, finishes,
furnishings, and other products made in or incorporating materials produced in Louisiana.

(3) Improve environmental quality in this state by decreasing the discharge of
pollutants from state-funded buildings and their manufacture.

(4) Conserve energy and utilize local and renewable energy sources.

(5) Protect and restore this state's natural resources by avoiding development of
inappropriate state-funded building sites.

(6) Reduce the burden on public water supply and treatment by reducing potable
water consumption.

(7) Establish life cycle assessment as the appropriate and most efficient analysis to
determine a state-funded building project's environmental performance level.

(8) Encourage obtaining ENERGY STAR designation from the United States
Environmental Protection Agency to further demonstrate a building project's energy
independence.

B. Each major facility project must be designed, constructed, and certified to exceed
the requirements of the state energy code by at least thirty percent where it is determined by
the office of facility planning and control that such thirty percent efficiency is cost effective
based on a life cycle cost analysis with a payback at no more than thirty years. Certification
shall be performed by a professional engineer using IRS/DOE approved software
methodology.

C. In order to achieve sustainable building standards, construction projects may
utilize a nationally recognized high performance environmental building rating system,
provided, however, that any such rating system that uses a material or product-based credit
system which is disadvantageous to materials or products manufactured or produced in
Louisiana shall not be utilized. The office of facility planning and control of the division of
administration shall designate rating systems which meet these criteria and may establish its
own rating system.

D. A certified third-party commissioning agent shall certify that the major facility
project's systems for heating, ventilation, air conditioning, energy conservation, and water
conservation are installed and working properly to ensure that each major facility project
performs according to the major facility project's overall environmental design intent and
operational objectives.

E.(1) For purposes of this Section, a major facility project shall mean either of the
following:

(a) A facility greater than five thousand gross square feet.

(b) A state-funded renovation project which involves more than fifty percent of the
replacement value of the facility or a change in occupancy.

(2) A major facility project shall not mean a building, regardless of size, which does
not have conditioned space as defined by the International Energy Conservation Code,
published by the International Code Council, as adopted by the council pursuant to R.S.
40:1730.28.

*Acts 2007, No. 270, §1, eff. July 6, 2007; Acts 2022, No. 635, §1.*

#### **PART IV-D** INDUSTRIALIZED BUILDINGS

##### **§ 40:1730.51** Title {#sec-40-1730.51 omnilex-key=us-la-statutes--rs-title-40--40:1730.51}

This Part shall be known and may be cited as the "Louisiana Industrialized Building Act".

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.52** Legislative findings {#sec-40-1730.52 omnilex-key=us-la-statutes--rs-title-40--40:1730.52}

A. The Legislature of Louisiana finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques which can substantially reduce construction costs, and the mass production of buildings presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures.

B. Due to the nature of the construction of modular building units, which arrive at the site of installation with some or all of the electrical, mechanical, plumbing, and other systems already built into the unit and not able to be inspected at the site without disassembly or destruction, it is the purpose of this Part to provide for the inspection of modular building units for compliance with the building code at the place of manufacture.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.53** Definitions {#sec-40-1730.53 omnilex-key=us-la-statutes--rs-title-40--40:1730.53}

As used in this Part, the following terms and phrases shall have the meaning ascribed
to them in this Section, unless the context clearly indicates otherwise:

(1) "Account" means the Industrialized Building Program Dedicated Fund Account.

(2) "Building code" means the Louisiana State Uniform Construction Code provided
for in R.S. 40:1730.21 et seq.

(3) "Commercial building" means a structure used for any purpose other than a one-
and two-family dwelling or accessory to a one- and two-family dwelling.

(4) "Commission" means the Louisiana Uniform Construction Code Commission.

(5) "Construction site building" means a commercial structure that is not open to the
public and used for any purpose at a commercial site by a person constructing a building,
road, bridge, utility, or other infrastructure or improvement to real property.

(6) "Industrialized building" means a commercial structure that is the following:

(a) Erected or installed using one or more modules or one or more modular
components that are constructed at a location other than the commercial site.

(b) Designed to be used as a commercial building when the module or the modular
component is transported to the commercial site and erected or installed.

(c) Includes the structure's plumbing, heating, air conditioning, and electrical
systems.

(d) Includes a permanent commercial structure and a commercial structure designed
to be transported from one commercial site to another commercial site.

(e) Does not exceed three stories or forty-nine feet in height measured from the
finished grade to the peak of the roof.

(7) "Modular component" means a structural part of a building constructed at a
location other than the commercial site in a manner that prevents the construction from being
adequately inspected for building code compliance at the commercial site without damage
or removal and reconstruction of a part of the building.

(8) "Module" means a three-dimensional section of industrialized building designed
and approved to be transported as a single section independent of other sections, with or
without modules or modular components, that prevents the construction from being
adequately inspected for building code compliance without damage or removal and
reconstruction of a part of the building.

(9) "Secretary" means the secretary of the Department of Public Safety and
Corrections.

*Acts 2007, No. 364, §1; Acts 2009, No. 514, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.*

##### **§ 40:1730.54** Rules and regulations {#sec-40-1730.54 omnilex-key=us-la-statutes--rs-title-40--40:1730.54}

The state fire marshal shall provide by rule for registration and regulation of manufacturers or dealers of industrialized buildings.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.55** Third-party providers {#sec-40-1730.55 omnilex-key=us-la-statutes--rs-title-40--40:1730.55}

Third-party providers shall be registered with the council in accordance with R.S. 40:1730.35.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.56** Standards {#sec-40-1730.56 omnilex-key=us-la-statutes--rs-title-40--40:1730.56}

A. Industrialized buildings constructed after January 1, 2007, shall meet or exceed
the requirements of the building code and the requirements of the state fire marshal in
accordance with R.S. 40:1574 through 1593.

B. Industrialized buildings constructed prior to January 1, 2007, shall meet or exceed
the requirements established by the parish or municipality in which the building is to be
located at the time of construction of the industrialized building. If the parish or municipality
has not established requirements, compliance with the wind and flood provisions as adopted
by the Louisiana Uniform Construction Code Commission shall be required as a minimum
standard. A change in the use of an industrialized building shall be subject to the
requirements established for renovations. An industrialized building which is not accessible
by the public may be relocated within the state without the requirement of modification or
alteration. In addition, a change in use of such building shall not be subject to the
requirements established for renovations unless the change in use allows access by the
public.

C. Documentation indicating the date of construction of the industrialized building
shall be presented to the building official in that jurisdiction upon application for a permit.

D.(1) Any temporary housing, typically used for daily living purposes, that is
provided for temporary workers shall comply with the provisions of this Part.

(2) The provisions of this Subsection shall not apply to one- or two-family dwellings,
manufactured homes, or other commercial structures being lawfully used to house temporary
workers.

*Acts 2007, No. 364, §1; Acts 2016, No. 262, §1.*

##### **§ 40:1730.57** Building code enforcement; municipality or parish {#sec-40-1730.57 omnilex-key=us-la-statutes--rs-title-40--40:1730.57}

A municipality or parish may not require or enforce, as a prerequisite for granting or approving a building or construction permit or certificate of occupancy, any requirement more stringent than the standards provided for in this Part.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.58** Building code amendments {#sec-40-1730.58 omnilex-key=us-la-statutes--rs-title-40--40:1730.58}

A. An industrialized building that bears an approved decal or insignia indicating that the
building complies with the building code for specific wind zones and that has not been modified or
altered shall not be required to comply with an amendment to the building code approved by the
commission.

B. Any elements that are altered in existing industrialized buildings shall be made to
conform to the requirements of the building code for new construction to the extent as the state fire
marshal may determine is practically feasible.

C. The owner of an industrialized building that bears an approved decal or insignia
indicating the building complies with the building code and that is modified or altered after the date
the commission approves a building code amendment must ensure one of the following:

(1) The entire building complies with the building code or building code amendment if the
cost of the modification or alteration to the building is at least fifty percent of the value of the
modules or modular components used in the construction of the building.

(2) The modified or altered portion of the building complies with the building code or
building code amendment if the cost of the modification or alteration is less than fifty percent of the
value of the modules or modular components.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.59** Design review {#sec-40-1730.59 omnilex-key=us-la-statutes--rs-title-40--40:1730.59}

To ensure compliance with the building code, the state fire marshal or an approved third-party provider shall review designs, plans, and specifications of industrialized buildings for compliance with the building code.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.60** Approval of design {#sec-40-1730.60 omnilex-key=us-la-statutes--rs-title-40--40:1730.60}

Each page of the designs, plans, and specifications shall bear a stamp of approval by the state fire marshal if the designs, plans, and specifications satisfy the requirements set forth in R.S. 40:1730.59.

*Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.*

##### **§ 40:1730.61** Equivalent methods of compliance {#sec-40-1730.61 omnilex-key=us-la-statutes--rs-title-40--40:1730.61}

With reference to the standards and requirements of the building code, the state fire marshal
may determine, from an engineering performance standpoint, all questions concerning building code
equivalency or alternative materials or methods of construction or as approved by the Louisiana
Uniform Construction Code Commission.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.62** Inspections {#sec-40-1730.62 omnilex-key=us-la-statutes--rs-title-40--40:1730.62}

A. The state fire marshal may adopt and promulgate rules and regulations regarding procedures for inspecting the construction of industrialized buildings to ensure compliance with approved designs, plans, and specifications.

B. To ensure compliance with the building code or approved designs, plans, and specifications, the state fire marshal or a registered third-party inspector shall inspect the construction of industrialized buildings.

C. A building code enforcement officer, a registered third-party inspector, or the state fire marshal or his designee shall inspect construction involving the installation of industrialized buildings to ensure compliance with designs, plans, and specifications, including the inspection of:

(1) The construction of the foundation system.

(2) The erection and installation of the modules or modular components on the foundation.

*Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.*

##### **§ 40:1730.63** Decals or insignia {#sec-40-1730.63 omnilex-key=us-la-statutes--rs-title-40--40:1730.63}

A. The state fire marshal shall provide by rule for the placement of decals or insignia on each transportable modular section or modular component to indicate compliance with the building code.

B. The state fire marshal may exempt by rule a construction site building from the requirements of this Section.

C. The state fire marshal may exempt by rule an industrialized building that is installed in a manner other than on a permanent foundation and is either not open to the public or less than one thousand five hundred square feet in total area and used other than as a school or a place of religious worship.

*Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.*

##### **§ 40:1730.64** Reciprocity {#sec-40-1730.64 omnilex-key=us-la-statutes--rs-title-40--40:1730.64}

A. The state fire marshal may authorize an inspection of industrialized buildings constructed in another state to be performed by an inspector of the equivalent regulatory agency of the other state.

B. The state fire marshal may authorize an inspection of industrialized buildings constructed in this state for use in another state.

C. The state fire marshal may enter into a reciprocity agreement with the equivalent regulatory agency of the other state as necessary to implement this Section.

D. The state fire marshal may approve previously manufactured industrialized buildings when the state fire marshal determines that the adopted standards of other states are reasonably consistent with those of the building code in effect at the time of unit manufacture. The previously manufactured industrialized building shall be required to bear a data plate indicating the codes in effect at the time of unit manufacture and any other state labels that are applicable.

*Acts 2007, No. 364, §1.*

##### **§ 40:1730.65** Local government authority {#sec-40-1730.65 omnilex-key=us-la-statutes--rs-title-40--40:1730.65}

A. Local authority is specifically and entirely reserved to a municipality or parish
regarding:

(1) Land use and zoning requirements.

(2) Building setback requirements.

(3) Side and rear yard requirements.

(4) Site planning and development and property line requirements.

(5) Subdivision control.

(6) Landscape architectural requirements.

B. Requirements and regulations not in conflict with this Part or with other state law
relating to transportation, erection, installation, or use of industrialized buildings must be
reasonably and uniformly applied and enforced without distinctions as to whether the
buildings are manufactured or are constructed on-site.

C. A parish or municipality that regulates the on-site construction or installation of
industrialized buildings may:

(1) Require and review, for compliance with the building code, a complete copy of
designs, plans, and specifications bearing the state fire marshal's stamped approval for each
installation of industrialized buildings.

(2) Require that all applicable local permits and licenses be obtained before
construction begins on a building site.

(3) Require, in accordance with rules established by the state fire marshal, that all
modules or modular components bear an approved decal or insignia indicating inspection by
the department.

(4) Establish procedures for the inspection of the following:

(a) The erection and installation of industrialized buildings to ensure compliance
with the building code and commission rules.

(b) All foundation and other on-site construction, to ensure compliance with
approved designs, plans, and specifications.

D. Procedures described by Paragraph (C)(4) of this Section may require the
following:

(1) Before occupancy, a final inspection or test in accordance with the building code.

(2) Correction of any deficiency identified by the test or discovered in the final
inspection.

*Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.*

##### **§ 40:1730.66** State fire marshal; state health officer; authority {#sec-40-1730.66 omnilex-key=us-la-statutes--rs-title-40--40:1730.66}

A. Nothing in this Part shall be construed to prevent the state fire marshal from enforcing the fire protection, life safety, accessibility, and high-rise laws of this state.

B. Nothing in this Part shall be construed as to prevent the state fire marshal from enforcing the Commercial Building Energy Conservation Code as provided in R.S. 40:1730.41 et seq.

C. Nothing in this Part shall be construed as to prevent the state health officer from enforcing any applicable requirements of the State Sanitary Code as provided in R.S. 40:4.

D. Nothing in this Part shall be construed to authorize the state fire marshal to adopt or amend the Louisiana State Uniform Construction Code.

*Acts 2007, No. 364, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:1730.67** Fees {#sec-40-1730.67 omnilex-key=us-la-statutes--rs-title-40--40:1730.67}

The state fire marshal may establish by rule, adopted in accordance with the Administrative Procedure Act, reasonable fees in order to implement the provisions of this Part, not to exceed the following:

(1) Manufacturer registration, three hundred fifty dollars per year per location.

(2) Dealer registration, two hundred fifty dollars per year.

(3) Plan review:

(a) Shall not exceed five hundred dollars for buildings of two thousand square feet or less.

(b) Shall not exceed thirty cents per square foot for buildings over two thousand square feet.

(4) Code equivalency review, one hundred dollars per review.

(5) Inspections, forty dollars per hour, including travel time.

(6) Decal or insignia issuance:

(a) For modules, seven cents per square foot of floor area, with a minimum fee of twenty-five dollars.

(b) For components, two cents per square foot of surface area, with a minimum fee of sixty cents.

*Acts 2009, No. 514, §1.*

##### **§ 40:1730.68** Industrialized Building Program Dedicated Fund Account; distribution {#sec-40-1730.68 omnilex-key=us-la-statutes--rs-title-40--40:1730.68}

A. All proceeds derived from the fees and all amounts received by the secretary from
interest, fines, or penalties or any other source pursuant to the provisions of this Part shall
be deposited with the state treasurer. After compliance with the requirements of Article VII,
Section 9(B) of the Constitution of Louisiana, the state treasurer shall, each fiscal year and
subject to an annual appropriation by the legislature, credit to the "Industrialized Building
Program Dedicated Fund Account", hereafter referred to in this Section as the "account",
which is hereby created in the treasury as a special designated fund account, an amount equal
to the amount of money paid into the treasury by the secretary pursuant to the provisions of
this Section. All unexpended and unencumbered monies in the account at the end of each
fiscal year shall remain in the account. The monies in the account shall be invested by the
state treasurer in the same manner as monies in the state general fund. All interest earned
on monies in the account invested by the state treasurer shall be deposited in the account.
Monies deposited into the account shall be categorized as fees and self-generated revenue
for the sole purpose of reporting related to the executive budget, supporting documents, and
general appropriation bills and shall be available for annual appropriation by the legislature.

B. Monies from the account shall be appropriated and paid to the secretary at the
beginning of each fiscal year to be distributed to the office of state fire marshal, code
enforcement and building safety, and shall be used for the implementation of this Part.

*Acts 2009, No. 514, §1; Acts 2021, No. 114, §10, eff. July 1, 2022.*

#### **PART IV-E** MODULAR HOUSING

##### **§ 40:1730.71** Installation of modular housing {#sec-40-1730.71 omnilex-key=us-la-statutes--rs-title-40--40:1730.71}

A. Installation of a modular home with a value of less than thirty-seven thousand five hundred dollars shall be done pursuant to the Louisiana State Uniform Construction Code. Installation shall be done by a contractor licensed by the Louisiana Manufactured Housing Commission under R.S. 51:911.26 et seq. who may obtain local permits for the installation.

B. Installation of a modular home with a value equal to or greater than thirty-seven thousand five hundred dollars shall be done pursuant to the Louisiana State Uniform Construction Code. Installation shall be done by a residential building contractor licensed by the State Licensing Board for Contractors under R.S. 37:2150 et seq.

C. For the purposes of this Section, the value of the installation shall not include the cost of the component parts of the modular home in the condition each part leaves the factory. The seller shall maintain an itemized list of all other related costs. The installer, if not the seller, shall also maintain an itemized list of all installation costs.

D. For the purposes of this Section, "modular home" means a structure designed for residential occupancy, designed and constructed to the standards of the Louisiana State Uniform Construction Code, which is manufactured in one or more sections in a factory for installation on a permanent foundation at its final location. The term does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.A. §§5401-5426.

*Acts 2009, No. 327, §1, eff. July 6, 2009.*

#### **PART V** EQUAL ACCESS TO GOVERNMENTAL AND PUBLIC FACILITIES FOR THE COMMUNITY OF PERSONS WITH DISABILITIES

##### **§ 40:1731** Purposes {#sec-40-1731 omnilex-key=us-la-statutes--rs-title-40--40:1731}

A. The legislature hereby finds that the disabled community is denied access to much
of the built environment and that this denial of access often prevents the disabled community
from exercising their rights and privileges as citizens. Denial of access further impairs the
ability of the disabled community to secure an education, to find and maintain gainful
employment, to live independently, and to otherwise participate fully in society. The
legislature further finds that a large proportion of the population is disabled and that this state
has a moral interest in securing equal rights for all its citizens and an economic interest in
the removal of architectural barriers which keep members of the disabled community on
public assistance programs and from becoming productive citizens.

B. It is therefore the policy of this state to bring to an end, as quickly as possible, the
undue hardship caused by architectural barriers. The state shall enable persons who are
disabled to achieve maximum personal independence, to become gainfully employed, and
to use and enjoy all buildings and facilities. It is the intent of the legislature to implement
the removal of architectural barriers so that members of the disabled community will share
equally in the right to use and enjoy the man-made environment, including but not limited
to places of employment, recreation, entertainment, shopping, and education.

*Added by Acts 1977, No. 625, §1; Acts 2011, No. 398, §1.*

##### **§ 40:1732** Definitions {#sec-40-1732 omnilex-key=us-la-statutes--rs-title-40--40:1732}

As used in this Part:

(1) "ADA" means the Americans with Disabilities (Civil Rights) Act of 1990 (Public
Law 101-336).

(2) "ADA Standards" means the 2010 Americans with Disabilities Act Standards for
Accessible Design as adopted by the United States Department of Justice pursuant to the
ADA and any subsequent amendments or additions to or editions adopted by the Department
of Justice.

(3) "Alteration" means deliberate reconstruction of an existing building in whole or
in part in order to bring it up to date in conformity with present uses of the structure and to
which other rules and regulations on the upgrading of health and safety provisions are
applicable. It shall also include "alteration" as defined in the ADA Standards. For purposes
of this Part, alteration shall also mean any change in occupancy as defined by the Life Safety
Code.

(4) "Building" means a structure to which the general public customarily has access
or utilizes as defined in the ADA Standards.

(5) "Dwelling unit" means a single unit of residence for a household of one or more
persons.

(6) "Fire marshal" means the fire marshal of the state of Louisiana.

(7) "Improved area" includes parking lots, curbings, sidewalks, streets, harbors,
parks, beaches, public telephones, recreational areas, drinking fountains, camping grounds,
and restrooms.

(8) "Private building or facility" means a commercial facility or a place of public
accommodation as such terms are defined by the ADA Standards or in the Life Safety Code.

(9) "Public building or facility" means a building, structure, or facility designed,
constructed, or altered by, on behalf of, or for the use of a quasi public agency, the state, or
any agency or department thereof, or any political subdivision or any governmental agency
or department thereof or as defined by the ADA Standards.

(10) "Structure" means that which is built or constructed; an edifice or building of
any kind; temporary or permanent.

NOTE: §1732 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

*§1732. Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026.*

*Added by Acts 1977, No. 625, §1. Acts 1984, No. 240, §1, eff. June 30, 1984; Acts 1988, No. 551, §2, eff. Jan. 1, 1989; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2018, No. 206, §4; Acts 2024, No. 534, §2, eff. July 1, 2026.*

##### **§ 40:1733** Standards to prevent architectural barriers {#sec-40-1733 omnilex-key=us-la-statutes--rs-title-40--40:1733}

The International Building Code Chapter 11-Accessibility, as adopted by the
Louisiana State Uniform Construction Code Council in accordance with R.S. 40:1730.28 and
requirements therein, including the referenced ICC A117.1 Accessible and Usable Buildings
and Facilities, shall be complied with.

*Added by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1734** Accessibility features required of new public buildings or facilities; private buildings or facilities; dwelling units; courthouses {#sec-40-1734 omnilex-key=us-la-statutes--rs-title-40--40:1734}

A. Any new or altered public building or facility or private building or facility shall
be made accessible pursuant to ADA Standards subject only to the limitations or exceptions
provided for therein. However, any altered public building or facility or private building or
facility shall not be made to comply with Sections 202.4 and F202.4 of the ADA Standards
relative to path of travel.

B. Any dwelling unit in a facility which incorporates four or more dwelling units
shall be made accessible in accordance with the ADA Standards and rules promulgated by
the fire marshal pursuant to the Administrative Procedure Act.

C.(1) Any courthouse, except as provided for in Paragraph (5) of this Subsection,
shall be made accessible pursuant to ADA Standards subject only to the limitations or
exceptions provided for therein. Any multistory courthouse shall have at least one-half of all
of its elevators in proper working service at all times and shall be made accessible in
accordance with the ADA Standards and rules promulgated by the state fire marshal pursuant
to the Administrative Procedure Act.

(2) The owner of the multistory courthouse shall contact the elevator repair company
within twenty-four hours of the time the elevator became inoperable and no elevator shall
remain out of service for repairs and maintenance for more than twenty-one consecutive days
from the day the elevator became inoperable, unless the state fire marshal determines that
extenuating circumstances necessitate that the elevator remain out of service for a longer
period of time. In such an instance, the state fire marshal shall extend the time period and
shall notify the owner of the deadline for compliance with this Paragraph.

(3) Failure to comply with Paragraphs (1) and (2) of this Subsection shall be
considered a "de facto admission of fault" under the ADA Standards.

(4) The natural or juridical person who owns the building is responsible for the
maintenance of the elevator. In addition to the penalties provided in R.S. 40:1743, any
building owner who violates or fails to comply with the provisions of this Subsection shall
be subject to a fine of two thousand five hundred dollars per day which shall be paid by the
natural or juridical person who owns the building and is responsible for maintenance of the
elevator.

(5) The provisions of this Subsection shall not apply to any building no longer
occupied for the public or private sessions of a court, with its various offices. This includes
but is not limited to historical courthouses no longer used for judicial proceedings and
museums.

(6) This Subsection shall only apply to a courthouse that contains two or more
elevators.

NOTE: §1734 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

*§1734. Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026.*

*Added by Acts 1977, No. 625, §1. Acts 1990, No. 459, §1; Acts 1995, No. 880, §1; Acts 2008, No. 218, §1; Acts 2011, No. 398, §1; Acts 2018, No. 528, §1; Acts 2024, No. 534, §2, eff. July 1, 2026.*

##### **§ 40:1735** Public buildings or facilities or private buildings or facilities to display signs {#sec-40-1735 omnilex-key=us-la-statutes--rs-title-40--40:1735}

All public and governmental facilities constructed or remodeled in accordance with
ADA Standards shall display signs indicating entrances, facilities, directions,
accommodations for persons with disabilities, and other signs as required by and also in
accordance with such standards.

NOTE: §1735 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

*§1735. Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026.*

*Amended by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2024, No. 534, §2, eff. July 1, 2026.*

##### **§ 40:1736** Obstruction of common or emergency exits prohibited; standards of accessibility; penalty {#sec-40-1736 omnilex-key=us-la-statutes--rs-title-40--40:1736}

A. Any common or emergency exit on the first floor or ground level of any new or
altered public building or facility or private building or facility shall remain free of any
obstruction which would prevent a person with a disability from using same. Common and
emergency entrances and exits shall conform to the ADA Standards.

B. Iron posts not used for structural support or similar barricades at common or
emergency entrances and exits of public facilities or facilities used by the public that are
existing, under construction, or under contract for construction which would prevent a person
with a disability from using such entrances or exits shall be removed.

NOTE: §1736 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

*§1736. Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026.*

*Added by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2024, No. 534, §2, eff. July 1, 2026.*

##### **§ 40:1737** Violations; enforcement by fire marshal {#sec-40-1737 omnilex-key=us-la-statutes--rs-title-40--40:1737}

NOTE: Subsection A eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1,
2026.

A. In cases of practical difficulty or unnecessary hardship, the state fire marshal may,
after consultation with Louisiana Rehabilitation Services, grant exceptions from the literal
requirements of the standards and specifications required by this Part or permit the use of
other methods or materials. Unless a written exception is granted by the fire marshal, any
unauthorized deviation from ADA Standards shall be rectified by full compliance within
ninety days after discovery of the deviation and delivery of a copy of the order requiring
remedying of the deviation to the occupant or any person in charge of the premises personally
or by registered or certified mail. If no person is found on the premises, the order may be
served by affixing a copy thereof in a conspicuous place on the door at the entrance of the
premises.

NOTE: Subsection A eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

*A. In cases of practical difficulty or unnecessary hardship, the state fire marshal may, after consultation with Louisiana Rehabilitation Services, grant exceptions from the literal requirements of the standards and specifications required by this Part or permit the use of other methods or materials. Unless a written exception is granted by the fire marshal, any unauthorized deviation from International Building Code Chapter 11-Accessibility shall be rectified by full compliance within ninety days after discovery of the deviation and delivery of a copy of the order requiring remedying of the deviation to the occupant or any person in charge of the premises personally or by registered or certified mail. If no person is found on the premises, the order may be served by affixing a copy thereof in a conspicuous place on the door at the entrance of the premises.*

B. The fire marshal may grant an extension not to exceed sixty days in cases of
practical difficulty or unnecessary hardship prior to imposing fines pursuant to R.S. 40:1740.

*Added by Acts 1977, No. 625, §1; Acts 1985, No. 804, §1, eff. July 22, 1985; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1738** Review of plans and specifications before construction begins {#sec-40-1738 omnilex-key=us-la-statutes--rs-title-40--40:1738}

NOTE: Subsections A and B eff. until July 1, 2026. See Acts 2024, No. 534, eff.
July 1, 2026.

A. No building permits shall be issued, no state contracts shall be awarded, nor shall
any change in new building plans which affect compliance with ADA Standards be approved
concerning any public buildings or facilities or private buildings or facilities until the fire
marshal has reviewed and stated that the plans and specifications regarding accessibility
appear to him to comply with the ADA Standards.

B. In each case the application for review shall be accompanied by the plans and full,
complete, and accurate specifications which shall comply in every respect with any and all
requirements prescribed by the ADA Standards.

NOTE: Subsections A and B eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1,
2026.

*A. No building permits shall be issued, no state contracts shall be awarded, nor shall any change in new building plans which affect compliance with the International Building Code Chapter 11-Accessibility be approved, concerning any public buildings or facilities or private buildings or facilities until the fire marshal has reviewed and stated that the plans and specifications regarding accessibility appear to him to comply with the the International Building Code Chapter 11-Accessibility.*

*B. In each case, the application for review shall be accompanied by the plans and full, complete, and accurate specifications which shall comply in every respect with any and all requirements prescribed by the the International Building Code Chapter 11-Accessibility.*

C. The application shall be accompanied by a filing fee in accordance with R.S.
40:1574.1(A).

D. The fire marshal shall consult with Louisiana Rehabilitation Services in
identifying the requirements necessary to comply with this Part.

*Added by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1739** Repealed by Acts 2011, No. 398, §2. {#sec-40-1739 omnilex-key=us-la-statutes--rs-title-40--40:1739}

*Repealed by Acts 2011, No. 398, §2.*

##### **§ 40:1740** Enforcement of Part {#sec-40-1740 omnilex-key=us-la-statutes--rs-title-40--40:1740}

NOTE: §1740 until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

A. For purposes of enforcing this Part, in any instance in which the ADA Standards
are not complied with the local building code authorities and the health authorities shall have
authority to enforce these standards. Written approval by the fire marshal shall be
presumptive evidence of compliance with ADA Standards but shall not be considered
conclusive and local building code authorities and health authorities shall have the power to
review all construction within their jurisdiction to the end that the intent of this legislation
shall be enforced.

B. Local building code authorities, health authorities, or any individual may seek an
injunction to halt construction or require compliance with ADA Standards of any public
building or facility or private building or facility which has been constructed or is being
constructed in violation of this Part. All actions shall be brought in the district court of the
parish in which the public building or facility or private building or facility, or portion
thereof, that is not in compliance, is situated.

NOTE: §1740 July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

*A. For purposes of enforcing this Part, in any instance in which the International Building Code Chapter 11-Accessibility is not complied with, the local building code authorities and the health authorities shall have authority to enforce these standards. Written approval by the fire marshal shall be presumptive evidence of compliance with the International Building Code Chapter 11-Accessibility but shall not be considered conclusive, and local building code authorities and health authorities shall have the power to review all construction within their jurisdiction to the end that the intent of this legislation shall be enforced.*

*B. Local building code authorities, health authorities, or any individual may seek an injunction to halt construction or require compliance with the International Building Code Chapter 11-Accessibility of any public building or facility or private building or facility which has been constructed or is being constructed in violation of this Part. All actions shall be brought in the district court of the parish in which the public building or facility or private building or facility, or portion thereof, that is not in compliance is situated.*

*Added by Acts 1977, No. 625, §1. Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1988, No. 423, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.*

##### **§ 40:1741** Educational program by Louisiana Rehabilitation Services and fire marshal {#sec-40-1741 omnilex-key=us-la-statutes--rs-title-40--40:1741}

Subject to appropriation for such purpose, Louisiana Rehabilitation Services and the state fire marshal may provide for educating the public and working with officials of cities, local building code inspectors, parishes, municipalities and other political subdivisions, private architects, designers, planners, and other interested parties in order to encourage and help them make all buildings, facilities, and improved areas accessible to and usable by persons with disabilities for purposes of rehabilitation, employment, business, recreation, and all other aspects of normal living. They shall work with architectural schools of the state and the State Board of Architectural Examiners to develop for inclusion in the architecture curriculum a course on barrier free design and to develop for inclusion in the architectural licensing test a section on barrier free design.

*Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1.*

##### **§ 40:1742** Parking spaces for certain persons with disabilities {#sec-40-1742 omnilex-key=us-la-statutes--rs-title-40--40:1742}

A.(1) Each state agency and political subdivision having jurisdiction over a public facility and each owner or lessee of a private facility shall, in accordance with applicable zoning and building codes, provide and maintain a minimum number of specially designed and marked motor vehicle parking spaces, referred to hereafter in this Chapter as "accessible parking spaces", for the exclusive use of persons whose vehicles are identified by license plates, hang tags, or special parking cards for persons with mobility impairments issued pursuant to R.S. 47:463.4 or 463.4.1. The accessible parking spaces shall adhere to the ADA Standards and shall include accessible loading and unloading areas, access aisles, access ramps, and curb cuts. The minimum number of such parking spaces shall be as established by the ADA Standards. Public building or facility and private building or facility, as the terms are used in this Section, shall be as defined in R.S. 40:1732, and shall include public and private property which is open to the public and to which the public is invited for commercial or governmental purposes.

(2) The fire marshal may, in cases of extreme hardship, waive any provisions of this Section after consultation with Louisiana Rehabilitation Services.

(3) Any owner or lessee of a facility who fails to provide and maintain spaces reserved and designated for the exclusive use of vehicles bearing a special license plate or parking card issued to a driver with a mobility impairment free of obstructions shall be fined not more than five hundred dollars.

(4)(a) In addition to the ADA Standards specifications, each access aisle, or any other area of the pavement adjacent to a parking space reserved for persons with mobility impairments that is designated for the loading and unloading of vehicles parked in the space, shall have the phrase "NO PARKING" written upon the pavement area using letters that are not less than twelve inches tall.

(b) Violations of this Paragraph shall be subject to the penalties provided for in R.S. 40:1743.

(c) The provisions of this Paragraph shall apply to all parking spaces newly constructed or existing parking spaces whose markings are repainted after August 1, 2013.

B.(1) No person shall park any vehicle in an accessible parking space unless such person has a license plate or hang tag for persons with mobility impairments issued pursuant to R.S. 47:463.4 or a properly displayed special parking card issued pursuant to R.S. 47:463.4.1.

(2)(a) The law enforcement officer shall be authorized to issue a citation or take whatever law enforcement action is deemed necessary or both. Furthermore, when an individual found to be in violation of these provisions refuses a request by a law enforcement officer to move the vehicle found in violation, the officer shall be authorized to have such vehicle towed.

(b) The citation shall contain information concerning the nature, date, time, and location of the alleged violation, the state vehicle license plate number, and the make of vehicle. In those cases where a license plate is not visible or legible, the vehicle identification number shall be used in lieu of the state vehicle plate number. The citation shall also contain information advising the person charged of the manner and the time in which he may contest the violation charged in the citation. The citation shall also provide that a failure to timely answer or appear before a court of competent jurisdiction shall be considered a prima facie admission of the violation set forth in the citation, in which the court may assess the appropriate fine or fines and all penalties incidental thereto.

(c) The citation issued pursuant to the provisions of this Subsection shall be personally served upon the operator of the vehicle by affixing the parking citation to the vehicle in a conspicuous place thereon. The original parking citation shall bear the name or initials and identification number of the issuing officer who shall affirm the truth of the facts set forth therein. An operator of a vehicle who is not the owner, but who uses or operates the vehicle with permission of the owner, expressed or implied, shall be considered the agent of the owner to receive the citation required to be served upon the operator or registered owner of a vehicle in accordance with the provisions of this Subsection. When a citation is issued for an alleged violation of the laws governing parking in an accessible parking space, loading and unloading areas, access aisles, access ramps, and curb cuts, there shall be a rebuttable presumption that a person in whose name the vehicle is registered was the operator of the vehicle when the alleged violation was committed.

(d) In the event that the registered owner or operator of a vehicle drives the vehicle away from or in any manner leaves the site of the violation while the issuing officer is preparing the citation, or refuses service of the parking citation and drives away from or in any manner leaves the site of the violation, this fact shall be duly noted on the original and all copies of the parking citation. This original and all copies of a parking citation shall constitute a business record of the law enforcement agency issuing the citation and shall constitute prima facie evidence that the citation was issued and that an attempt at service was made in accordance with the provisions of this Subsection.

(3) The first violation of the provisions of this Subsection shall be punished by a fine of two hundred seventy-five dollars. A subsequent violation shall be punished by a fine of five hundred dollars.

(4) If the violator is other than an individual, a fine of five hundred dollars shall be imposed.

(5) In addition to such fine, the violator may also be required to pay the towing fee and any storage costs which are incurred.

(6) The state of Louisiana shall recognize parking cards or other removable windshield placards and special license plates which have been issued by authorities of other states and countries for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with mobility impairments.

(7) No fine issued pursuant to this Section shall be reduced or suspended.

C. Subsection B of this Section shall not be construed to affect or preempt any ordinance of any local governmental subdivision or to prohibit any local governmental subdivision of the state from adopting ordinances regulating accessible parking which ordinances may provide for penalties and enforcement as deemed appropriate by the local governing authority. The governing authorities of local governmental subdivisions may adopt such ordinances pursuant to R.S. 32:41 or 42, R.S. 33:1236(28), any applicable provisions of a home rule charter, or any other applicable provision of law. Except as provided in R.S. 46:2583(A)(2), the provisions of local ordinances shall control in all aspects of enforcement of such ordinances.

*Added by Acts 1977, No. 625, §1. Acts 1995, No. 573, §1; Acts 1995, No. 880, §1; Acts 1997, No. 278, §1, eff. June 17, 1997; Acts 1999, No. 1307, §2, eff. July 12, 1999; Acts 2001, No. 508, §1, eff. June 21, 2001; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1; Acts 2013, No. 164, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:1742.1** Additional fine for enforcement of accessible parking regulations {#sec-40-1742.1 omnilex-key=us-la-statutes--rs-title-40--40:1742.1}

In addition to all fines, fees, costs, and punishment authorized for violation of accessible parking regulations, any parish or municipality which institutes a formal accessible parking enforcement program to assist the law enforcement agency in enforcing such regulations may, by ordinance, provide for and enforce an additional twenty-five dollar fine for each violation of such regulations. The proceeds of such additional fine shall be used by such parish or municipal governing authority exclusively to fund such program.

*Acts 1999, No. 1307, §2, eff. July 12, 1999; Acts 2011, No. 398, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:1742.2** Local variances in accessible parking restrictions {#sec-40-1742.2 omnilex-key=us-la-statutes--rs-title-40--40:1742.2}

A.(1) The legislature finds that providing sufficient accessible parking spaces for use by both employees and visitors to public or private buildings or facilities, as defined in R.S. 40:1732, is essential to protecting the civil rights of persons with disabilities. To this end, the state, through the fire marshal, has insisted on compliance with the ADA Standards, and the legislature has set substantial fines for accessible parking violations.

(2) The legislature recognizes, however, that parking spaces for a facility may not always be used for that facility. Often, a facility is not in use at particular times, and the general parking spaces are available for use by persons visiting other facilities.

(3) The legislature finds that as a matter of policy, there is a clear conceptual distinction between reserving accessible parking spaces for a facility that is in use and reserving such spaces associated with a facility that is not in use and at which the general parking spaces are being used for another facility. This distinction is in part grounded in the logic of the accessibility guidelines themselves. The guidelines relate each reserved parking space to a particular facility in requiring an accessible route from the parking space to the facility. In a case where the facility is not in use, there is no presumption that there is an accessible route from an accessible parking place to any other facility. Thus, if there is no legitimate reason for any person to be visiting a facility, the reservation of parking spaces for visitors with mobility impairments at that facility is unnecessary.

(4) Pursuant to such findings, the legislature hereby establishes the possibility of distinctions in enforcement based on use or nonuse of facilities at certain educational institutions. It is the intent of the legislature that the provisions of this Section are to be narrowly construed. If, because of a variance granted pursuant to this Section, a person with a mobility impairment is denied access to a parking space at a facility at which he has a legitimate reason for visiting, he may initiate an action under the Americans with Disabilities Act against the parish governing authority.

B.(1) The governing authority of any parish or municipality may, by ordinance, provide for time variances applicable to the reservation of parking spaces for persons with mobility impairments at facilities identified in Paragraph (2) of this Subsection. By such a variance, the governing authority may establish times during which particular accessible parking spaces are available for general use and no citations for accessible parking violations shall be issued for use of the parking space. Any such variance shall be indicated by signage displayed at each parking space subject to the variance, and signs indicating the times during which parking is not reserved shall be mounted on the same post or, if not on a post, in the same manner as and in close proximity to the accessible parking sign itself. Different time variances may be applied to different spaces at the same facility.

(2) A parish or municipal governing authority may grant a variance for parking spaces at athletic facilities or stadiums on high school campuses. No such variance shall be granted unless the school administration formally requests such a variance.

*Acts 2003, No. 595, §1, eff. June 27, 2003; Acts 2011, No. 398, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:1743** Penalties {#sec-40-1743 omnilex-key=us-la-statutes--rs-title-40--40:1743}

Any person who violates, or fails to comply with, the provisions of this Part except those violations under R.S. 40:1742(B) shall be subject to penalties described in R.S. 40:1621.

*Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1.*

##### **§ 40:1744** Compliance with ADA {#sec-40-1744 omnilex-key=us-la-statutes--rs-title-40--40:1744}

Nothing in this Part shall be construed to relieve any person of his responsibility to comply with the ADA.

*Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1.*

##### **§ 40:1745** Repealed by Acts 1995, No. 880, §2. {#sec-40-1745 omnilex-key=us-la-statutes--rs-title-40--40:1745}

*Repealed by Acts 1995, No. 880, §2.*

##### **§ 40:1746** Repealed by Acts 1995, No. 880, §2. {#sec-40-1746 omnilex-key=us-la-statutes--rs-title-40--40:1746}

*Repealed by Acts 1995, No. 880, §2.*

#### **PART V-A** ACCESS TO GOVERNMENT SERVICES FOR PERSONS WITH DISABILITIES

##### **§ 40:1748** Access to government services {#sec-40-1748 omnilex-key=us-la-statutes--rs-title-40--40:1748}

A. Each state agency and political subdivision having jurisdiction over buildings where government services are provided to the public shall provide for equal access to such services by persons with physical disabilities. A consumer of such government services who has a visible disability, and the person who is providing assistance to him in securing such services, shall be entitled to priority treatment when such services involve waiting periods.

B. The state agency or political subdivision shall provide for regulations to implement the requirements of R.S. 40:1748(A). Such regulations shall further provide for the reasonable enforcement of these provisions.

*Acts 1989, No. 764, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

#### **PART VI** RESTROOMS IN PUBLIC FACILITIES

##### **§ 40:1749** Access to restrooms {#sec-40-1749 omnilex-key=us-la-statutes--rs-title-40--40:1749}

A. The provisions of this Section shall apply to those buildings or structures commonly referred to as shopping malls. As used in this Section, the term "shopping mall" means any building or structure which contains multiple units which are used or intended for use for the sale at retail of goods or services and which units are connected by common areas other than streets, sidewalks, or parking areas.

B. Each shopping mall for which construction begins on or after September 12, 1980, shall comply with the requirements hereinafter set forth.

If the shopping mall has an enclosed area of fifty thousand square feet or more, the shopping mall shall contain adequate restroom facilities located in the common areas of the mall for use by the general public. The facilities shall be clearly and conspicuously marked and designated for public use. Any directory located within the mall shall contain directions to the public facilities. Adequate signs directing the public to the location of the facilities shall be posted throughout the mall.

C. All shopping malls in existence on the effective date of this law, and those thereafter constructed, shall clearly and adequately designate and mark public restroom facilities.

*Added by Acts 1980, No. 390, §1.*

#### **PART VII** ASBESTOS AND HAZARDOUS MATERIALS DETECTION PROGRAM

##### **§ 40:1749.1** Asbestos and hazardous component materials detection program established; finding and purpose; rules; duties and responsibilities; definitions; exceptions {#sec-40-1749.1 omnilex-key=us-la-statutes--rs-title-40--40:1749.1}

A. The legislature finds that friable asbestos containing materials and other hazardous component materials in any environment occupied by human beings creates a serious hazard to health. The existence of such hazards should not be tolerated in the public buildings in this state, and it is incumbent upon state government to take initiative to see that such hazards are detected and that appropriate abatement actions are taken.

B. It is the purpose of this Section to provide a mechanism by which the presence of friable asbestos containing materials and other hazardous component materials in the public buildings in this state can be detected so that appropriate abatement actions are taken in order that the occupants in those buildings may work and live in an environment which does not threaten their welfare in any manner.

C.(1) The secretary of the Department of Environmental Quality shall establish a program to insure that whatever action as may be necessary is taken for the detection and appropriate abatement of friable asbestos containing materials and other hazardous component materials in public buildings, except those buildings constructed after 1978, unless it is determined that there is a possibility of the presence of these hazardous component materials. The secretary shall promulgate rules and regulations implementing an asbestos and hazardous component materials detection program which shall include but not be limited to visual assessment and air monitoring.

(2) Until the secretary adopts a level by regulation, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average in accord with 29 CFR Part 1910.1001, Appendix A, protocols for phase contrast microscopy (PCM). In the event that airborne asbestos fiber levels exceed such a level, a second test of samples may be collected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis and calculated as an eight-hour time-weighted average in accord with 29 CFR Part 1910.1001, Appendix A, and that value shall be controlling in determining whether the maximum allowable level is being exceeded.

(3) Such rules and regulations shall be promulgated after public hearing thereon in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. The secretary shall promulgate rules and regulations as required by this Section no later than January 1, 1989.

D. The secretary may contract with any agencies, individuals, or groups for the provision of necessary services, subject to appropriation, and shall issue and from time to time amend such rules and regulations as may be necessary. Contracts entered into with individuals or groups shall be subject to the public bid laws.

E. For the purposes of this Section, "friable asbestos" and asbestos containing materials shall have the same meaning as defined in R.S. 30:2343.

F. For the purpose of this Section, "public building" means those buildings owned or leased by the state of Louisiana, except those buildings constructed after 1978, unless it is determined that there is a possibility of the presence of these hazardous component materials.

*Acts 1988, No. 790, §1; Acts 1990, No. 418, §1.*

#### **PART VIII** UNDERGROUND UTILITIES AND FACILITIES

##### **§ 40:1749.11** Short title; purpose {#sec-40-1749.11 omnilex-key=us-la-statutes--rs-title-40--40:1749.11}

A. This Part shall be known and may be cited as the "Louisiana Underground Utilities and Facilities Damage Prevention Law".

B. It is the public policy of this state to promote the protection of property, workmen, and citizens in the immediate vicinity of an underground facility or utility from damage, death, or injury and to promote the health and well-being of the community by preventing the interruption of essential services which may result from the destruction of, or damage to, underground facilities or utilities.

*Acts 1988, No. 923, §1; Acts 1999, No. 506, §1, eff. June 29, 1999.*

##### **§ 40:1749.12** Definitions {#sec-40-1749.12 omnilex-key=us-la-statutes--rs-title-40--40:1749.12}

As used in this Part, the following terms have the meanings ascribed to them in this
Section:

(1) "Agricultural excavator" means a person who owns or operates a farm and is
directly involved in the cultivation of land or crops or who raises livestock.

(2) "Commissioner" means the commissioner of conservation.

(3) "Damage" means any defacing, scraping, gouging, breaking, cutting, or
displacement of, impact upon or removal of an underground facility or utility or its means
of primary support.

(4) "Demolisher" means any person engaged in the act of demolishing as defined in
Paragraph (2) of this Section.

(5) "Demolition" means the total or partial wrecking, razing, rendering, moving, or
removing of any building or structure, movable or immovable.

(6) "Emergency" means any crisis situation which poses an imminent threat or
danger to life, health, or property, which requires immediate action, if such action is taken.
The term also includes an unplanned utility outage, which requires immediate action, if such
action is taken.

(7) "Excavation" or "excavate" means any operation causing movement or removal
of earth, rock, or other materials in or on the ground or submerged in a marine environment
that could reasonably result in damage to underground or submerged utilities or facilities by
the use of powered or mechanical or manual means, including but not limited to pile driving,
digging, blasting, augering, boring, back filling, dredging, compaction, plowing-in,
trenching, ditching, tunneling, land-leveling, grading, and mechanical probing. "Excavation"
or "excavate" shall not include manual probing, normal commercial farming operations, or
any activity resulting from force majeure related occurrences, including but not limited to an
act of God or an act of nature.

(8) "Excavator" means any person who engages in excavation operations.

(9) "Forestry excavator" means an excavator who is a logger, prescribed burner, site
preparation operator, or tree planter for commercial forestry operations.

(10) "Inclement weather" means weather that prohibits or impedes a worker's use of
his locating equipment or causes undue risk to himself or his equipment such as lightning,
heavy rain, tornadoes, hurricanes, floods, sleet, snow, or flooding conditions.

(11) "Large project excavation or demolition" means excavation or demolition
activity within a contiguous area that cannot reasonably be completed within twenty calendar
days for routine demolition or excavation or within thirty calendar days for agricultural,
forestry, or marine excavation or demolition activity.

(12) "Marine excavator" means an excavator or demolisher who is performing
excavation or demolition in areas such as swamps, wetlands, shallow water, waterways,
rivers, bayous, bays, lakes, the sea, and arms of the sea.

(13) "Mark-by time" is the date and time provided by the regional notification center
by which the utility or facility operator is required to mark the location or provide
information to enable an excavator or demolisher, using reasonable and prudent means, to
determine the specific location of the utility or facility as provided for in R.S. 40:1749.14(D).
The mark-by time may be extended if mutually agreed upon and documented between the
excavator and operator.

(14) "Normal commercial farming operations" means the following operations or
activities for agriculture cultivation purposes:

(a) Operations or activities that do not encroach upon a private utility or pipeline
servitude, public right-of-way, or a public franchise area.

(b) Operations or activities that do encroach upon a private utility or pipeline
servitude and the depth of the excavation is less than twelve inches in the soil below the
existing surface grade.

(15) "Operator" means any person who owns or operates a public or private
underground facility or utility which furnishes a service or material or stores, transports, or
transmits electric energy, steam, oil, gases, natural gas, gas, mixture of gases, petroleum,
petroleum products, hazardous or flammable fluids, toxic or corrosive fluids/gases, including
telephone or telegraph system, fiber optic electronic communication systems, or water or
water systems, or drainage, sewer systems, or traffic control systems or other items of like
nature.

(16) "Person" means an individual, firm, partnership, association, limited liability
company, corporation, joint venture, municipality, governmental agency, political
subdivision, or agent of the state or any legal representative thereof.

(17) "Pipeline" means all intrastate and interstate pipeline facilities defined by 49
CFR 192.3 and 49 CFR 195.2.

(18) "Regional notification center" means any one of the following:

(a) An entity designated as nonprofit by the Internal Revenue Service under Section
501(c) of the Internal Revenue Code and which is organized to protect its members from
damage and is certified by the Department of Public Safety and Corrections in accordance
with this Part.

(b) An organization of operators, consisting of two or more separate operators who
jointly have underground utilities or facilities in three or more parishes in Louisiana, which
is organized to protect its own installation from damage and has been certified by the
Department of Public Safety and Corrections in accordance with this Part.

(c) An operator who has underground utilities or facilities in a majority of parishes
in Louisiana and is organized to protect its own installation from damage, and has been
certified by the Department of Public Safety and Corrections in accordance with this Part.

(19) "Routine excavation or demolition" means excavation or demolition activity that
requires no more than twenty calendar days to be completed, and no more than thirty
calendar days for agricultural, forestry, or marine excavation or demolition activity.

(20) "Service line or lines" means underground facilities or utilities which provide
power, gas, natural gas, communication, or water capabilities to a building or structure or
buildings or group of structures.

(21) "Underground facility or utility" means any pipe, conduit, duct, wire, cable,
valve, line, fiber optic equipment, or other structure which is buried or placed below ground
or submerged for use in connection with storage, conveyance, transmission, or protection of
electronics communication system, telephone or telegraph system, or fiber optic, electric
energy, oil, natural gas, gas, gases, steam, mixture of gases, petroleum, petroleum products,
hazardous or flammable fluids/gases, toxic or corrosive fluids/gases, hazardous fluids/gases,
or other substances of like nature or water or water systems, sewer systems or traffic,
drainage control systems, or other items of like nature.

(22) "Wildfire" means an uncontrolled combustion of natural vegetation.

*Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2010, No. 249, §1, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1. 2011; Acts 2012, No. 103, §1; Acts 2014, No. 203, §1; Acts 2016, No. 245, §1, eff. May 26, 2016; Acts 2017, No. 218, §2, eff. June 14, 2017; Acts 2021, No. 46, §1; Acts 2022, No. 52, §1; Acts 2024, No. 75, §1, eff. Jan. 1, 2025; Acts 2025, No. 192, §1.*

##### **§ 40:1749.13** Excavation and demolition; prohibitions {#sec-40-1749.13 omnilex-key=us-la-statutes--rs-title-40--40:1749.13}

A. Except as provided in this Section, no person shall excavate or demolish in any
street, highway, public place, or servitude of any operator, or near the location of an
underground facility or utility, or on the premises of a customer served by an underground
facility or utility without having first ascertained, in the manner prescribed in Subsection B
of this Section, the specific location as provided in R.S. 40:1749.14(D) of all underground
facilities or utilities in the area which would be affected by the proposed excavation or
demolition. The marking of an operator's facility or utility shall be provided for excavation
or demolition purposes only.

B.(1) Except as provided in R.S. 40:1749.15, prior to any excavation or demolition,
each excavator or demolisher shall serve telephonic or electronic notice of the intent to
excavate or demolish to the regional notification center or centers serving the area in which
the proposed excavation or demolition is to take place. Such notice shall be given to the
notification center at least forty-eight hours, but not more than one hundred twenty hours,
excluding weekends and holidays, in advance of the commencement of any excavation or
demolition activity. If an excavation or demolition does not commence within one hundred
twenty hours of the mark-by-time, not counting weekends and holidays, the excavator or
demolisher shall be found in violation of this Section, except in the case of mutual agreement
with the facility owner or operator to extend the time or extraordinary circumstances.
Extraordinary circumstances are circumstances which make it impractical or impossible for
the excavator or demolisher to comply with the provisions of this Part due to weather-related
events, equipment malfunction or failure, or unavailability of vital supplies and equipment.
Holidays shall consist of the following: New Year's Day; Martin Luther King, Jr. Day; Good
Friday; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Eve;
and Christmas Day.

(2) This notice shall contain the name, address, and telephone number of the person
filing the notice of intent, and, if different, the person responsible for the excavation or
demolition; the starting date, anticipated duration, and description of the specific type of
excavation or demolition operation to be conducted; the specific location of the proposed
excavation or demolition; and a statement as to whether directional boring or explosives are
to be used. The notice shall be confined to the actual area of proposed excavation or
demolition that will occur during the twenty-day time period pursuant to R.S. 40:1749.14(C).

(3) Telephonic notice shall be recorded on tape or stored into an electronic data bank
by the regional notification center and a record of the notice shall be retained for a three-year
period from the date of notification. A record of an electronic notice shall also be retained
by the regional notification center for a three-year period from the date of notification.

(4) The excavator or demolisher shall provide the specific location for excavation
or demolition with either telephonic or electronic notice. Telephonic notice shall require the
excavator or demolisher to physically mark the proposed route or area of excavation or
demolition using white paint, flags, stakes, or similar means under American Public Works
Association guidelines prior to submitting notice.

(5) The excavator or demolisher shall wait at least forty-eight hours, beginning at
7:00 a.m. on the next working day, following notification, unless mutually agreed upon and
documented by the excavator and operator to extend such time, before commencing any
excavation or demolition activity, except in the case of an emergency as defined in the
provisions of this Part or if informed by the regional notification center that no operators are
to be notified. However, if no agreement for an extension of time can be reached between
the excavator and the operator and the excavation or demolition activity could impact a
pipeline located on or in water, upon request by the operator, the commissioner may delay
the mark-by time prior to the commencement of any excavation or demolition activity in
order to allow for the accurate marking of such pipeline.

(6) At least one person on any underground or submerged excavation or demolition
site shall have proof of completion of the training and education provided by the Regional
Notification Center. Training is required on an annual basis through the Regional
Notification Center and shall be available through its website free of charge. Excavators or
demolishers certified by an operator qualification program subject to 49 CFR Part 192 or 195
shall be exempt from this requirement.

C. This Part shall not apply to activities by operators or land owners excavating their
own underground utilities or facilities on their own property or operators' exclusive right-of-way provided there is no encroachment on the rights-of-way of any operator.

D. For purposes of this Section, any physical markings or electronic drawings
identifying a specific location as provided for in Subsection B of this Section shall not
exceed the actual area of excavation or demolition.

E.(1) The purpose of this Subsection is to allow for voluntary agreements in writing
between operators of underground utilities or facilities and excavators and demolishers in
conflict to determine the mark-by time, as well as the duration of excavation and demolition
projects that cannot be reasonably completed within the time frame required for routine
excavation or demolition.

(2) Unless hereinafter specifically excepted, all other provisions of this Subsection
shall apply to large project excavations or demolitions.

(3) Upon an excavator or demolisher contacting the regional notification center to
provide notice of excavation or demolition, the excavator or demolisher may request that the
excavation or demolition be recognized as a large project excavation or demolition, at which
time the regional notification center shall notify all affected underground utility and facility
operators that a large project excavation or demolition request has been submitted.

(4) A large project excavation or demolition request shall only be submitted
electronically to the regional notification center at least ten business days prior to the
commencement of the excavation or demolition.

(5) The submission of a large project excavation or demolition request shall also
include the names and contact information of any and all subcontractors of the excavator or
demolisher who will be working on the project.

(6) Upon receipt of the large project excavation or demolition notification request,
operators of underground utilities or facilities and the requesting excavator or demolisher
may attempt to reach a mutual agreement in writing to determine the scope of work, the
mark-by-times, and any other details of the project that the operator and excavator or
demolisher mutually agree need to be included in the written agreement, such as the marking
schedule and additional parties to be included in the notification request. In no event shall
an agreement be entered into pursuant to this Subsection for a duration of more than ninety
calendar days.

(7) If a mutual agreement between all parties in conflict in an area cannot be reached
within thirty calendar days from the date submitted to the Regional Notification Center, the
large project excavation or demolition notification request shall be deemed null and void, and
the requesting excavator or demolisher shall cancel the large project excavation or
demolition notice and request a routine excavation or demolition notice in accordance with
this Section.

*Acts 1988, No. 923, §1; Acts 1992, No. 883, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2006, No. 428, §1, eff. June 15, 2006; Acts 2010, No. 249, §§1, 2, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2014, No. 203, §1; Acts 2016, No. 245, §1, eff. May 26, 2016; Acts 2019, No. 344, §1; Acts 2021, No. 9, §1, eff. Jan. 2, 2022; Acts 2022, No. 52, §1; Acts 2023, No. 344, §1; Acts 2024, No. 75, §1, eff. Jan. 1, 2025; Acts 2025, No. 192, §1.*

##### **§ 40:1749.14** Regional notification center {#sec-40-1749.14 omnilex-key=us-la-statutes--rs-title-40--40:1749.14}

A. Each operator of an underground utility or facility, including all state agencies and
political subdivisions of the state, shall become a member of, participate in, and share the
cost of a regional notification center, except as provided for in R.S. 40:1749.19. Each
regional notification center shall have the capability to receive emergency locate requests
twenty-four hours a day and to disseminate the information as soon as it is received to the
appropriate operators and all affected regional notification centers in this state.

B. A regional notification center receiving a notice of intent to excavate shall notify
all member operators having underground utilities or facilities in or near the site of the
proposed excavation, except for the operator who provided the notice of intent and requested
not to receive such notification. All member operators shall furnish the regional notification
center with current emergency contact or notification information, including twenty-four
hour telephone numbers.

C.(1) Each operator of an underground facility or utility, after having received the
notification request from the regional notification center of an intent to excavate or an intent
to conduct normal commercial farming operations, shall supply, prior to the proposed
excavation or normal commercial farming operation, the following information to the person
responsible for the excavation or normal commercial farming operation:

(a) The specific location and type of all of its underground utilities or facilities which
may be damaged as a result of the excavation or demolition. If the surface over the buried
or submerged line is to be removed, supplemental offset markings may be used. Offset
markings shall be on a uniform alignment and shall clearly indicate that the actual facility
is a specific distance away.

(b)(i) Unless otherwise required by federal or state statutes, the specific location and
type of underground utility or facility may, at the operator's option, be marked to locate the
utilities or facilities. If the utilities or facilities are visibly marked by the operator, they shall
be marked by the operator by color coded paint, flags, or stakes or similar means using the
American Public Works Association color code.

(ii) The location of underground fiber optic cables shall be identified in accordance
with the provisions of this Subparagraph and such identification shall also include an added
special marking that is uniquely associated with fiber optic cables.

(iii) When the utility or facility operator has marked the location of underground
facilities or utilities, the marking shall be deemed good as long as visible, but not longer than
twenty calendar days, including weekends and holidays, from the mark-by time, unless the
notice was designated as a large project excavation or demolition and a written agreement
has been reached between the operator and the excavator or demolisher. However, if the
proposed excavation or demolition activity could impact a pipeline located on or in water,
the commissioner may extend the time period allowed for completion of the excavation or
demolition. An additional notice to the regional notification center shall be given by the
excavator or demolisher in accordance with the provisions of this Part when the marks are
no longer visible or if the excavation or demolition cannot be completed within twenty
calendar days from the mark-by time for routine excavation or demolition or ninety calendar
days for large project excavation or demolition.

(iv) The excavator shall use all reasonable and prudent means, within common
industry practice, to protect and preserve all marks of the underground utility or facility.

(v) In the case whereby a forestry excavator, agricultural excavator, or marine
excavator has requested that the utilities and facilities be marked for location, the operator
of a utility or facility shall mark the area of their utilities or facilities. The markings provided
by the operator shall be deemed good as long as the markings are visible or up to thirty
calendar days from the time that the markings were made, whichever is shorter.

(2) If the operator does not visibly mark the location of these utilities or facilities,
the operator shall provide information to enable an excavator using reasonable and prudent
means to determine the approximate location of the utility or facility. The information
provided by the operator shall include a contact person and a specific telephone number for
the excavators to call. After the operator has received the notification request, the
information on location, size, and type of underground utility or facility must be provided by
the operator to the excavator prior to excavation.

(3) In the event of inclement weather as defined in this Part, the mark-by time shall
be extended by a duration equal to the duration of the inclement weather. The owner or
operator shall notify the excavator or demolisher before the expiration of the mark-by time
of the need for such extension.

(4) Should an underground utility or facility operator determine that its underground
facilities are not in conflict with the location of the request or determine that its underground
facilities are not fully marked for locating purposes, a notification shall be sent to the
excavator prior to the mark-by time. A notification to the regional notification center that
generated the location request shall suffice for compliance with this Section as it pertains to
positive response.

D. For the purpose of this Section, the specific location of the underground facilities
is defined as an area not wider than the width of the underground facility or utility as marked
plus eighteen inches on either side.

E.(1) An excavator or demolisher who has given notice and otherwise complied with
the provisions of this Part shall be immune from civil liability for damages in the area of the
proposed excavation or demolition caused by such excavation or demolition to any owner
or operator who:

(a) Was required by the provisions of this Part to become a member, participate in,
or share the cost of a regional notification center, and failed to do so.

(b) Failed to mark or provide information as required by the provisions of this Part.

(2) The immunity provided by this Subsection shall not apply to civil liability for
damages caused by the negligence of the excavator or demolisher.

F. Should an owner or operator file suit against an excavator or demolisher for
damages to underground facilities or utilities and the court finds in favor of the owner or
operator, in addition to damages provided for by this Part, the owner or operator shall be
entitled to recover reasonable attorney fees and costs. If the court finds in favor of the
excavator or demolisher, the excavator or demolisher shall be entitled to recover reasonable
attorney fees and costs.

*Acts 1988, No. 923, §1, eff. Sept. 9, 1989; Acts 1992, No. 883, §1; Acts 1995, No. 491, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2010, No. 249, §1, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2014, No. 203, §1; Acts 2019, No. 344, §1; Acts 2021, No. 9, §1, eff. Jan. 2, 2022; Acts 2021, No. 46, §1; Acts 2024, No. 75, §1, eff. Jan. 1, 2025.*

##### **§ 40:1749.15** Emergency excavation; notice required; penalty {#sec-40-1749.15 omnilex-key=us-la-statutes--rs-title-40--40:1749.15}

A. The notice required pursuant to R.S. 40:1749.13 shall not apply to any person
conducting an emergency excavation. Oral or electronic notice of the emergency excavation
shall be given as soon as practicable to the regional notification center or each operator
having underground utilities and facilities located in the area and, if necessary, emergency
assistance shall be requested from each operator in locating and providing immediate
protection to its underground utilities and facilities.

B. The excavator shall certify in the notice required in Subsection A of this Section
that the situation poses an imminent threat or danger to life, health, or property or is the result
of an unplanned utility outage and requires immediate action and that the excavator, owner,
or operator has personnel on site.

C. There is a rebuttable presumption that the excavator failed to give notice as
required pursuant to this Section if the excavator failed to give any notice to the regional
notification center within the following time periods:

(1) Within two hours from the discovery of the need for an emergency excavation.

(2) In the case of a gubernatorially declared state of emergency due to a weather or
homeland security-related event, within twelve hours of the beginning of the emergency
excavation within the parishes to which the emergency declaration applies.

(3) In the case of a wildfire, within twenty-four hours after control of the emergency.

D. The owner or operator of the underground utilities, facilities, or submerged
infrastructure shall respond to an emergency notice as soon as practicable under the
circumstances.

E. Emergency excavation notices are valid for as long as the emergency situation
exists. The type of work and location shall remain consistent with the work described in the
emergency excavation notice. If the type of work and location become inconsistent with the
emergency excavation notice, then a new excavation notice is required.

*Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2012, No. 103, §1; Acts 2022, No. 52, §1; Acts 2024, No. 75, §1, eff. Jan. 1, 2025.*

##### **§ 40:1749.16** Precautions to avoid damage {#sec-40-1749.16 omnilex-key=us-la-statutes--rs-title-40--40:1749.16}

In addition to the notification requirements in R.S. 40:1749.13 and 1749.14 and the
emergency notification requirements in R.S. 40:1749.15, each person responsible for an
excavation or demolition operation shall do the following:

(1) Plan the excavation or demolition to avoid damage to or minimize interference
with underground facilities in and near the construction area.

(2) Maintain a safe clearance between the underground utilities or facilities and the
cutting edge or point of any power or mechanized equipment, taking into account the known
limit of control of the cutting edge or point to avoid damage to utilities or facilities.

(3) Provide support for underground facilities or utilities in and near the construction
area, during excavation and back filling operations, as may be reasonably necessary to protect
the utility or facility.

(4) Potholing to determine the actual location of such facilities or utilities if an
excavation or demolition operation could result in damage to underground utilities or
facilities handling electricity, gas, natural gas, oil, petroleum products, or other flammable,
toxic, or corrosive fluids or gases. For forestry excavation operations that could result in
damage to underground utilities or facilities handling electricity, gas, natural gas, oil,
petroleum products, or other flammable, toxic, or corrosive fluids or gases, the forestry
excavator and the utility or facility owner or operator shall cooperate to determine the actual
location of such facilities or utilities.

*Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2023, No. 344, §1.*

##### **§ 40:1749.17** Excavation or demolition; repair of damage {#sec-40-1749.17 omnilex-key=us-la-statutes--rs-title-40--40:1749.17}

A. Each person responsible for any excavation or demolition operations which result
in any damage to an underground facility or utility shall, immediately upon discovery of that
damage, notify the owner or operator of the utility or facility of the location and nature of the
damage and shall allow the owner or operator reasonable time to accomplish necessary
repairs before continuing the excavation, demolition, or back filling in the immediate area
of damage.

B. Each person responsible for an excavation or demolition operation or normal
commercial farming operation which results in damage to an underground facility or utility
permitting the escape of any flammable, toxic, or corrosive fluids/gases shall, immediately
upon discovery of that damage:

(1) Notify the owner or operator of the utility or facility as provided in Subsection
A, and all other appropriate emergency response personnel, including 911 and the local law
enforcement and fire departments and allow the owner or operator reasonable time to
accomplish necessary repairs before continuing the excavation, demolition, or back filling
in the immediate area of damage.

(2) Take any other action as may be reasonably necessary to protect persons and
property and to minimize hazards until arrival of the owner or operator's personnel and police
or fire department.

(3) Comply with any other notification process required by law or regulation.

C. For the purposes of this Part, failure to comply with the provisions of Subsection
B shall constitute a single violation, except as provided below by Subsection D.

D. After discovery of the damage, each day that an excavator or demolisher fails to
comply with the provisions of Subsection B shall be considered a separate violation.

*Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1; Acts 2021, No. 46, §1.*

##### **§ 40:1749.18** Certification of a regional notification center by Department of Public Safety and Corrections {#sec-40-1749.18 omnilex-key=us-la-statutes--rs-title-40--40:1749.18}

A. The Department of Public Safety and Corrections shall promulgate rules and
regulations in accordance with the Administrative Procedure Act to establish a certification
program for regional notification centers in this state.

B. For the purposes of promoting cost effectiveness, ease of use, safety, and the
protection of property, workmen, and citizens from damage, injury, and death, the rules and
regulations shall include but not be limited to requirements that any regional notification
center, that is either certified or that applies for certification pursuant to the provisions of this
Chapter, shall have and maintain the following:

(1) Ability to accept and timely process and locate requests as required by law,
including providing of ticket numbers, copies of tickets, notifications, and other procedures
and information.

(2) Ability to accept and timely process short notice, priority, and emergency locate
requests.

(3) Voice recording of all incoming calls and retention of voice tapes for at least
three years.

(4)(a) Specifically defined geopolitical services areas that are coterminous with
parish boundaries and do not overlap any other defined service area.

(b) The provisions of this Paragraph shall apply only to those regional notification
centers described in R.S. 40:1749.12(13)(a).

(5) Any other requirements that may be necessary for a regional notification center
to properly perform the duties and functions required under this Part.

C. The department shall include in the rules and regulations procedures for
certification by the department and may charge a fee for the certification process, not to
exceed two thousand five hundred dollars. The rules and regulations required by this Section
shall be promulgated by the department within six months after June 29, 1999.

D. An entity operating in this state as an authorized regional notification center prior
to and upon June 29, 1999, shall have six months from the date of final adoption of the rules
and regulations required by this Section to seek and obtain compliance certification from the
Department of Public Safety and Corrections. Failure to obtain such certification shall result
in the cessation of activities by the regional notification center.

E. An entity not operating in this state as an authorized regional notification center
prior to and upon June 29, 1999, shall obtain compliance certification from the Department
of Public Safety and Corrections prior to performing the operations of a regional notification
center in or for this state.

*Acts 1988, No. 923, §1; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2016, No. 85, §1, eff. May 11, 2016.*

##### **§ 40:1749.19** Voluntary participation by incorporated municipalities and parish governments {#sec-40-1749.19 omnilex-key=us-la-statutes--rs-title-40--40:1749.19}

A. Each incorporated municipality or parish government which owns or operates, in its own right or through a special district or districts created pursuant to constitutional or statutory authority, a drainage system, a sewer system, drainage, water or water system, traffic control system, an electrical energy system and/or a gas or natural gas system underground facility within its local jurisdiction which would otherwise be included in R.S. 40:1749.14, and which does not desire to be so included, shall adopt an ordinance indicating this desire by December 31, 1998. The ordinance shall be filed with the secretary of state for verification purposes. An incorporated municipality or parish government which fails to adopt the ordinance shall be subject to the provisions of this Part on and after December 31, 1998.

B. Each municipality or parish government which owns or operates in its own right, or through a special district or districts created pursuant to law, a drainage system, a sewer system, water or water system, telephone or telegraph, fiber optic, electronics equipment system, traffic control system, an electrical energy system, natural gas system, and/or a gas system underground facility within its local jurisdiction which would otherwise be included in R.S. 40:1749.17, and which is incorporated or created subsequent to July 1, 1997, and which does not desire to be so included, shall comply with the provisions of Subsection A of this Section within one year of the date of its first municipal elections or within one year of the date of creation of a special district.

*Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997.*

##### **§ 40:1749.20** Violations; penalties {#sec-40-1749.20 omnilex-key=us-la-statutes--rs-title-40--40:1749.20}

A.(1) A person who is required by this Part to become a member of, participate in, or share the cost of, a regional notification center and who fails to do so shall be subject to a civil penalty of not more than two hundred fifty dollars for the first violation and not more than one thousand dollars for each subsequent violation. A subsequent violation shall be deemed to have occurred if the person fails to become a member of, participate in, or share the cost of, a regional notification center as required within ninety days after issuance of a citation for the previous violation.

(2) A person who participates in a regional notification center and who fails to mark or provide information regarding the location of underground utilities and facilities used to store, transport, or convey that which is not regulated pursuant to Chapter 16 of Subtitle II of Title 30 of the Louisiana Revised Statutes of 1950, otherwise known as the Hazardous Materials Information Development, Preparedness, and Response Act, shall be subject to a civil penalty of not more than one thousand dollars. A subsequent violation shall be deemed to have occurred if a person fails to provide information or markings within two years of the issuance of a prior citation for the same or similar conduct.

(3) A person who is required by law to participate in a regional notification center and who fails to provide information or markings to indicate hazardous material as defined in Title 30 of the Louisiana Revised Statutes of 1950 shall be subject to the following:

(a) For the first violation, a warning letter shall be given.

(b) For a second violation, a civil penalty of not more than two hundred fifty dollars.

(c) For a third violation, a civil penalty of not more than five hundred dollars.

(d) For a fourth violation, a civil penalty of not more than one thousand dollars.

(e) For a fifth and each subsequent violation, a civil penalty of not less than two thousand dollars nor more than twenty-five thousand dollars.

B. An excavator or demolisher who violates the provisions of R.S. 40:1749.13, 1749.16, or 1749.17(B) shall be subject to the following:

(1) For the first violation, a warning letter shall be given.

(2) For a second violation of a similar nature within a two-year period from the previous violation, a civil penalty of not more than two hundred fifty dollars.

(3) For a third violation of a similar nature within a two-year period from a previous violation, a civil penalty of not more than five hundred dollars.

(4) For a fourth violation of a similar nature within a two-year period from the previous violation, a civil penalty of not more than one thousand dollars.

(5) For a fifth and each subsequent violation of a similar nature within a two-year period from the previous violation, a civil penalty of not less than two thousand nor more than twenty-five thousand dollars.

(6) For any violation involving hazardous materials as defined in Title 30 of the Louisiana Revised Statutes of 1950, a civil penalty of not less than two thousand dollars nor more than twenty-five thousand dollars.

(7) An excavator or demolisher who is issued a citation for a violation shall immediately stop all excavation or demolition activity until the requirements of this Part are met. Failure to do so shall subject the excavator or demolisher to an additional citation and civil penalty of not more than twenty-five thousand dollars for each such subsequent citation issued.

C. An excavator or demolisher who violates the provisions of R.S. 40:1749.15 shall be subject to the following:

(1) For the first violation, a civil penalty of not more than fifty dollars.

(2) For a second violation of a similar nature within a two-year period from the previous violation, a civil penalty of not more than two hundred dollars.

(3) For a third violation of a similar nature within a two-year period from a previous violation, a civil penalty of not more than five hundred dollars.

(4) For a fourth and each subsequent violation of a similar nature within a two-year period from the previous violation, a civil penalty of not less than five hundred dollars nor more than five thousand dollars.

D. A person may be cited with a violation and held liable for a civil penalty pursuant to this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence is sufficient to establish that the defendant has committed the offense.

*Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1; Acts 2010, No. 249, §1, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2012, No. 103, §1; Acts 2014, No. 203, §1.*

##### **§ 40:1749.21** Miscellaneous provisions {#sec-40-1749.21 omnilex-key=us-la-statutes--rs-title-40--40:1749.21}

A. Except as otherwise specifically provided herein, the provisions of this Part shall
not affect any civil remedies for personal injury or property damage, including damage to
underground facilities or utilities.

B. Nothing in this Part shall affect any permitting process granted to a parish,
municipal, local, or state governing authority. If a permit is issued in conjunction with
excavation or demolition subject to the provisions of this Part, upon issuing the permit, the
governing authority is encouraged to distribute to the permittee information regarding
compliance with the provisions of this Part. The regional notification centers shall provide
the information to the governing authority for distribution. The failure of the governing
authority to distribute the information shall not for that reason alone create any liability on
the part of the governing authority or permittee nor otherwise reduce or limit the duties and
responsibilities of excavators or demolishers under this Part.

C. Repealed by Acts 2024, No. 75, §2, eff. Jan. 1, 2025.

D. Repealed by Acts 2024, No. 75, §2, eff. Jan. 1, 2025.

*Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 2021, No. 46, §1; Acts 2024, No. 75, §2, eff. Jan. 1, 2025.*

##### **§ 40:1749.22** Preemption {#sec-40-1749.22 omnilex-key=us-la-statutes--rs-title-40--40:1749.22}

Except as provided in this Part, no parish, municipal, local, or state governing
authority may enact any ordinance or promulgate any rules or regulations which are in
conflict with the provisions of this Part.

*Acts 1988, No. 923, §1; Acts 2019, No. 344, §1.*

##### **§ 40:1749.23** Enforcement and adjudication; administration; levy of civil penalties {#sec-40-1749.23 omnilex-key=us-la-statutes--rs-title-40--40:1749.23}

A. Except as provided in R.S. 40:1749.27, the provisions of this Part may be
enforced by the Department of Public Safety and Corrections or by any local law
enforcement agency. The Department of Public Safety and Corrections or its designee may
provide forms, including citation, complaint, and incident report forms, to other law
enforcement agencies for use in enforcement of the provisions of this Part.

B. The deputy secretary for the office of public safety services in the Department of
Public Safety and Corrections or any local law enforcement agency shall have the right to:

(1) Exclusively monitor excavation or demolition that is subject to the provisions of
this Part to ensure compliance with the provisions of this Part, including requesting the
production by the excavator or demolisher of the locate request number issued by the
regional notification center.

(2) Issue citations for violations of the provisions of this Part in addition to other
enforcement powers provided by law.

(3) Seek restraining orders, injunctions, or other civil remedies to halt or prevent
violations of the provisions of this Part.

C. Proceedings and adjudications for the levying of civil penalties under this Part
shall be conducted by the division of administrative law in accordance with regulations
adopted pursuant to the Administrative Procedure Act.

D. The secretary of the Department of Public Safety and Corrections or his designee
may promulgate rules and regulations for the implementation and administration of the
provisions of this Part relative to enforcement, which shall include developing a procedure
for reporting and investigating complaints of violations of this Part that includes the
following:

(1) Establishing a centralized complaint reporting point using a toll-free phone
number that is available to contractors, utility operators, and the general public.

(2) Establishing a uniform complaint form to record the complainant's name and
identifying information, the nature and details of the complaint, the geographic location of
the complaint, any information about excavators, the date and time of the complaint, the date
and time of the complaint report, and whether any collateral damage or off-site impact
occurred including information about that impact or damage.

(3) Establishing a procedure to investigate the validity of the complaint using
information provided by but not limited to certified regional notification centers with
jurisdiction in the reported geographic area.

(4) Establishing a procedure for determining the appropriate law enforcement agency
in the reported geographic area that will be responsible for investigating the complaint and
for forwarding the complaint report to that law enforcement agency.

(5) Establishing a procedure for the law enforcement agency to completely
investigate a complaint and obtain the information needed to issue a citation and adjudicate
the complaint.

(6) Establishing a procedure for receiving citations issued by law enforcement
agencies, determining whether the cited party wishes to contest the charge, and transferring
contested citations to the division of administrative law for adjudication.

(7) Establishing a procedure for recording the number of citations issued and their
disposition.

(8) Establishing procedures for collecting civil penalties for deposit into the
Underground Damages Prevention Fund and disbursing those civil penalties according to the
provisions of this Part.

*Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 162, §1; Acts 2017, No. 218, §2, eff. June 14, 2017.*

##### **§ 40:1749.24** Collection and distribution of fines or civil penalties; Underground Damages Prevention Fund {#sec-40-1749.24 omnilex-key=us-la-statutes--rs-title-40--40:1749.24}

A. All civil penalties collected under the provisions of R.S. 40:1749.20(A) and (B) shall be paid to the state treasury for credit to the Underground Damages Prevention Fund created by this Section and shall be disbursed from the fund as follows:

(1) Fifty percent shall be retained by the Underground Damages Prevention Fund.

(2) Within one year of the civil penalty being deposited into the Underground Damages Prevention Fund, the agency responsible for administering R.S. 40:1749.23 shall disburse the remaining fifty percent of the civil penalties to the law enforcement agency that issued the citation.

B. All funds received by the Department of Public Safety and Corrections under the provisions of this Part shall be retained in the Underground Damages Prevention Fund.

C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by Subsection B of this Section shall be credited to a special fund hereby created in the state treasury to be known as Underground Damages Prevention Fund. After disbursements as authorized in this Section, the monies in this fund shall be used solely as provided by Subsection D of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in such fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of these monies shall be credited to this fund, following compliance with the requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.

D. The monies in the Underground Damages Prevention Fund shall be used by the Department of Public Safety and Corrections or its designee solely for administration of the provisions of this Part, including payment to the division of administrative law for adjudication services. Expenditures may also be made for information and programs designed to enhance awareness of the duties and responsibilities of persons governed by the provisions of this Part and the duties and responsibilities of persons who enforce and administer the provisions of this Part.

*Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1.*

##### **§ 40:1749.25** Department of Transportation and Development; compliance {#sec-40-1749.25 omnilex-key=us-la-statutes--rs-title-40--40:1749.25}

Department of Transportation and Development right-of-way permit procedures, as promulgated in accordance with the Administrative Procedure Act and set forth in Title 70 of the Louisiana Administrative Code, constitute compliance with the provisions of this Part only insofar as this Part imposes upon the Department of Transportation and Development the duties of a regional notification center or operator.

*Acts 1997, No. 1050, §1, eff. July 11, 1997.*

##### **§ 40:1749.26** Public work projects {#sec-40-1749.26 omnilex-key=us-la-statutes--rs-title-40--40:1749.26}

In addition to any other applicable provision of this Part, R.S. 38:2223 shall apply to any public work project.

*Acts 2001, No. 1005, §2, eff. June 27, 2001.*

##### **§ 40:1749.27** Enforcement for the prevention of damage to pipelines; authority of the commissioner; administration; violations; penalties; disposition of monies {#sec-40-1749.27 omnilex-key=us-la-statutes--rs-title-40--40:1749.27}

A.(1) Notwithstanding the provisions of R.S. 40:1749.23, the commissioner shall
have exclusive authority to enforce the provisions of this Part as it applies to the prevention
of damage to pipelines.

(2) The provisions of this Section shall not be construed in any manner to limit or
otherwise restrict either of the following:

(a) The general powers of the commissioner as authorized by Subtitle I of Title 30
of the Louisiana Revised Statutes of 1950.

(b) The authority of the Department of Public Safety and Corrections as established
pursuant to the Hazardous Materials Information Development, Preparedness, and Response
Act, R.S. 30:2361 et seq. or the Hazardous Materials Transportation and Motor Carrier
Safety Act, R.S. 32:1501 et seq.

B. For the prevention of damage to pipelines, the powers of the commissioner shall
include but are not limited to the following:

(1) Monitoring any excavation or demolition, including requests for the excavator
or demolisher to provide the locate request number issued by a regional notification center.

(2) Issuing citations or ordering other penalties or remedies.

(3) Seeking restraining orders, injunctions, or any other available civil remedies.

(4) Utilizing any other enforcement powers that may be provided by law.

C. The commissioner or his designee shall promulgate rules and regulations in
accordance with the provisions of the Administrative Procedure Act, R.S. 49:950

et seq., for the necessary and proper implementation and administration of the provisions of
this Part, including the implementation of a procedure to report and investigate any
reasonable complaint regarding a violation of this Part. The procedure shall include all of the
following:

(1) Establishing a centralized complaint reporting point using a toll-free phone
number that is available to contractors, excavators, pipeline owners or operators, and the
general public. The centralized complaint reporting system shall neither be combined with
nor in conflict with the Hazardous Incidents Tracking System hazardous material hotline.

(2) Establishing a uniform complaint form to record the complainant's name and
identifying information, the nature and details of the complaint, the geographic location of
the complaint, any information about parties involved in the complaint or incident, the date
and time of the complaint, the date and time of the complaint report, and whether any
collateral damage or off-site impact incurred, including information about the impact or
damage. The uniform complaint form shall neither replace nor conflict with the uniform
complaint form provided for in R.S. 40:1749.23(D).

(3) Investigating the validity of any complaint using any relevant information,
including but not limited to any information provided by excavators, pipeline owners or
operators, or a regional notification center with jurisdiction in the reported geographic area.

(4) Obtaining all information needed to issue a citation, order any other appropriate
remedy, or otherwise adjudicate any complaint determined to be valid.

D.(1)(a) The commissioner shall adjudicate all violations involving the prevention
of damage to pipelines and assess civil penalties or other civil remedies for those violations
of this Part.

(b) All civil penalties or other civil remedies assessed by the commissioner pursuant
to this Part shall be assessed in the same manner as prescribed by R.S. 30:544, including
consideration of all of the following factors:

(i) The nature, circumstances, and gravity of the relevant violation.

(ii) The degree of culpability, history of prior violations, the effect on ability to
continue to do business, any good faith in attempting to achieve compliance, ability to pay
the penalty, and such other matters as justice requires with respect to the person found to
have committed the violation.

(c) Damage prevention education shall be a component of each penalty or remedy
imposed by the commissioner.

(2) All monies received or collected by the commissioner pursuant to his
enforcement of the provisions of this Part as they apply to the prevention of damage to
pipelines shall be deposited immediately upon receipt in the state treasury and shall be
credited to the Oil and Gas Regulatory Dedicated Fund Account, R.S. 30:21.

*Acts 2017, No. 218, §2, eff. June 14, 2017; Acts 2021, No. 114, §18, eff. July 1, 2022.*

### **CHAPTER 9** WEAPONS

#### **PART I** MACHINE GUNS

##### **§ 40:1751** Definitions {#sec-40-1751 omnilex-key=us-la-statutes--rs-title-40--40:1751}

For purposes of this Part, "machine gun" means any weapon which shoots, is
designed to shoot, or can be readily restored to shoot automatically more than one shot
without manual reloading by a single function of the trigger. The term shall also include the
frame or receiver of any such weapon, and any part designed and intended solely and
exclusively, or combination of parts designed and intended, for use in converting a weapon
into a machine gun. The term shall not include items that are not required to be registered
in the National Firearms Registration and Transfer Record maintained by the Bureau of
Alcohol, Tobacco, Firearms and Explosives.

*Acts 1932, No. 80, §1; Acts 2023, No. 120, §1.*

##### **§ 40:1752** Manufacture, transfer, or possession of machine guns unlawful; exceptions {#sec-40-1752 omnilex-key=us-la-statutes--rs-title-40--40:1752}

A. No person shall manufacture, transfer, or possess a machine gun within this state.

B. This Section shall not apply to any of the following:

(1) A transfer to or from, or possession by or under the authority of, the United States
or any department or agency thereof.

(2) A transfer to or from, or possession by or under the authority of, any state of the
United States or a department, agency, or political subdivision thereof.

(3) Any machine gun that is lawfully manufactured, transferred, or possessed under
federal law.

*Acts 1932, No. 80, §2; Acts 2023, No. 120, §1.*

##### **§ 40:1753** Repealed by Acts 2023, No. 120, §2. {#sec-40-1753 omnilex-key=us-la-statutes--rs-title-40--40:1753}

*Repealed by Acts 2023, No. 120, §2.*

##### **§ 40:1754** Repealed by Acts 2023, No. 120, §2. {#sec-40-1754 omnilex-key=us-la-statutes--rs-title-40--40:1754}

*Repealed by Acts 2023, No. 120, §2.*

##### **§ 40:1755** Penalty {#sec-40-1755 omnilex-key=us-la-statutes--rs-title-40--40:1755}

A. Any person who violates R.S. 40:1752 shall be imprisoned at hard labor for not
less than one year nor more than ten years.

B. Any person who has been convicted of, or found not guilty by reason of insanity
for, a crime of violence as defined in R.S. 14:2(B) which is a felony, or an attempt to commit
a crime of violence as defined in R.S. 14:2(B) which is a felony, who thereafter violates any
of the provisions of R.S. 40:1752 shall be imprisoned at hard labor for not less than three
years nor more than ten years.

*Acts 1932, No. 80, §§5, 6; Acts 2023, No. 120, §1.*

#### **PART II** REGISTRATION

##### **§ 40:1781** Definitions {#sec-40-1781 omnilex-key=us-la-statutes--rs-title-40--40:1781}

For the purpose of this Part, the following terms have the meanings ascribed to them
in this Section:

(1) "Dealer" means any person not a manufacturer or importer engaged in this state
in the business of selling any firearm. The term includes wholesalers, pawnbrokers, and
other persons dealing in used firearms.

(2) "Department" means the Department of Public Safety.

(3) "Firearm" means a shotgun having a barrel of less than eighteen inches in length;
a rifle having a barrel of less than sixteen inches in length; any weapon made from either a
rifle or a shotgun if the weapon has been modified to have an overall length of less than
twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial
number or mark of identification has been obliterated, from which a shot is discharged by
an explosive, if that weapon is capable of being concealed on the person; or a machine gun,
grenade launcher, bazooka, rocket launcher, excluding black powder weapons, or gas
grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is
included within this definition. Pistols and revolvers and those rifles and shotguns which
have not previously been defined in this Paragraph as firearms from which serial numbers
or marks of identification have not been obliterated are specifically exempt from this
definition.

(4) "Importer" means any person who imports or brings into the state any firearm.

(5) "Machine gun" means any weapon which shoots, is designed to shoot, or can be
readily restored to shoot automatically more than one shot without manual reloading by a
single function of the trigger. The term shall also include the frame or receiver of any such
weapon, and any part designed and intended solely and exclusively, or combination of parts
designed and intended, for use in converting a weapon into a machine gun. The term shall
not include items that are not required to be registered in the National Firearms Registration
and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
Explosives.

(6) "Manufacturer" means any person who is engaged in this state in the
manufacture, assembling, alteration, or repair of any firearm.

(7) "Muffler" or "silencer" includes any device for silencing or diminishing the report
of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, submachine
gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be
discharged by an explosive and is not limited to mufflers and silencers for firearms as
defined in this Section.

(8) "Transfer" includes the sale, assignment, pledge, lease, loan, gift, or other
disposition of any firearm.

*Amended by Acts 1964, No. 51, §1; Acts 1975, No. 381, §1; Acts 1977, No. 532, §1; Acts 1988, No. 424, §1; Acts 2023, No. 120, §1.*

##### **§ 40:1782** Exemptions from Part {#sec-40-1782 omnilex-key=us-la-statutes--rs-title-40--40:1782}

This Part does not apply to the following persons and things:

(1) Sheriffs or equivalent municipal officers in municipalities of over ten thousand, when they are acting in their official capacity.

(2) The arms, accoutrements, and equipment of the military and naval forces of the United States or of other officers of the United States authorized by law to possess weapons of any kind.

(3) The arms, accoutrements, and equipment of the militia.

(4) Any firearm which is unserviceable and which is transferred as a curiosity or ornament.

##### **§ 40:1783** Repealed by Acts 2013, No. 398, §2. {#sec-40-1783 omnilex-key=us-la-statutes--rs-title-40--40:1783}

*Repealed by Acts 2013, No. 398, §2.*

##### **§ 40:1784** Repealed by Acts 2013, No. 398, §2. {#sec-40-1784 omnilex-key=us-la-statutes--rs-title-40--40:1784}

*Repealed by Acts 2013, No. 398, §2.*

##### **§ 40:1785** Possession or dealing in unregistered or illegally transferred weapons {#sec-40-1785 omnilex-key=us-la-statutes--rs-title-40--40:1785}

No person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or transferred in accordance with Title 18 or Title 26 of the United States Code as applicable.

*Amended by Acts 1950, No. 316, §11; Acts 2013, No. 398, §1.*

##### **§ 40:1786** Repealed by Acts 2013, No. 398, §2. {#sec-40-1786 omnilex-key=us-la-statutes--rs-title-40--40:1786}

*Repealed by Acts 2013, No. 398, §2.*

##### **§ 40:1787** Repealed by Acts 2013, No. 398, §2. {#sec-40-1787 omnilex-key=us-la-statutes--rs-title-40--40:1787}

*Repealed by Acts 2013, No. 398, §2.*

##### **§ 40:1788** Identification with number or other mark; obliteration or alteration of number or mark {#sec-40-1788 omnilex-key=us-la-statutes--rs-title-40--40:1788}

A. Each manufacturer, importer, and dealer in any firearm shall identify it with a
number or other identification mark approved by the department and shall mark or stamp or
otherwise place the number or mark thereon in a manner approved by the department.

B. No one shall obliterate, remove, change, or alter this number or mark.

*Acts 2016, No. 340, §1.*

##### **§ 40:1789** Records of importers, manufacturers, or dealers {#sec-40-1789 omnilex-key=us-la-statutes--rs-title-40--40:1789}

Importers, manufacturers, and dealers shall keep such books and records and render such returns in relation to the transactions in firearms specified in this Part as the department requires.

##### **§ 40:1790** Rules and regulations; importation of firearms {#sec-40-1790 omnilex-key=us-la-statutes--rs-title-40--40:1790}

The department may prescribe such rules and regulations as are necessary for carrying out the provisions of this Part.

Under regulations prescribed by the department, any firearm may be imported or brought into this state or possessed or transferred when the purpose thereof is shown to be lawful.

##### **§ 40:1791** Penalty {#sec-40-1791 omnilex-key=us-la-statutes--rs-title-40--40:1791}

Upon the first violation of any provision of this Part the penalty shall be a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment with or without hard labor for not less than one nor more than five years. For any subsequent violation of this Part the penalty shall be a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment at hard labor for not less than five years nor more than ten years.

*Amended by Acts 1975, No. 491, §1.*

##### **§ 40:1792** Possession of unidentifiable firearm; particular penalties; identification of source of firearm {#sec-40-1792 omnilex-key=us-la-statutes--rs-title-40--40:1792}

A. No person shall intentionally receive, possess, carry, conceal, buy, sell, transfer, or transport any firearm which has been illegally obtained or from which the serial number or individual identifying mark, as required by R.S. 40:1788, has been intentionally obliterated, altered, removed, or concealed.

B. The provisions of this Section shall not apply to any firearm which is an antique or war relic and is inoperable or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade, or which was originally manufactured without such a number.

C. Except as otherwise provided in this Section, whoever violates the provisions of this Section may be fined not more than one thousand dollars and shall be imprisoned at hard labor for five years without benefit of probation, parole, or suspension of sentence.

D. Prior to sentencing for a conviction under this Section, the defendant shall be given the opportunity to identify the source of the firearm upon which the conviction was based. If the defendant reveals the identity of the source of the weapon and the identity of the source is confirmed by the prosecutor or the court, the defendant shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

E. Nothing in this Section shall be construed to prevent the prosecution of an individual who obtained the firearm by theft, robbery, deception, or by other unlawful means from the lawful owner of the firearm.

F. Any illegally obtained firearm or a firearm from which the serial number or identifying mark required by R.S. 40:1788 has been obliterated or altered is hereby declared to be contraband and shall be seized by the law enforcement agency of jurisdiction. If it is determined that a person other than the owner was responsible for removing, altering, or obliterating the serial number or identifying mark, the firearm shall be returned to its lawful owner or may be disposed of according to law but only after a new serial number has been permanently fixed on the firearm. If a new serial number is not so affixed, the firearm shall be destroyed by the law enforcement agency in possession of the firearm.

*Acts 1994, 3rd Ex. Sess., No. 29, §1.*

#### **PART II-A** MISCELLANEOUS PROVISIONS

##### **§ 40:1796** Preemption of state law {#sec-40-1796 omnilex-key=us-la-statutes--rs-title-40--40:1796}

A. No governing authority of a political subdivision shall enact or enforce any
ordinance, order, regulation, policy, procedure, rule, or any other form of executive or
legislative action more restrictive than state law concerning in any way the manufacture, sale,
purchase, possession, carrying, storage, ownership, taxation, transfer, transportation, license,
or registration of firearms, ammunition, components of firearms or ammunition, firearms
accessories, knives, edged weapons, or any combination thereof. Any existing ordinance,
order, regulation, policy, procedure, rule, or any other form of executive or legislative action
in violation of this Subsection shall be null and void and of no effect.

B. A political subdivision shall repeal, rescind, or amend to conform any ordinance,
order, regulation, policy, procedure, rule, or any other form of executive or legislative action
in violation of this Section within six months after August 1, 2024.

C. A person or an organization whose membership is adversely affected by any
ordinance, order, regulation, policy, procedure, rule, or any other form of executive or
legislative action promulgated or caused to be enforced in violation of this Section may file
suit against an offending political subdivision in any court of this state having jurisdiction
for declaratory and injunctive relief. A court shall award a prevailing plaintiff in any such
suit reasonable attorney fees and costs including expert witness fees and expenses.

D. Nothing in this Section shall prohibit a local governing authority in a high-risk
area from developing a plan with federally licensed firearms manufacturers, dealers, or
importers to secure the inventory of firearms and ammunition of those licensees in order to
prevent looting of the licensee's premises during a declared state of emergency or disaster.
Such plan shall be renewed on a periodic basis. The information contained in the plan shall
be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the
sheriffs of the parishes or police chiefs of municipalities in which the declared state of
emergency or disaster exists.

E. For the purposes of this Section:

(1) "Declared emergency or disaster" means an emergency or disaster declared by the
governor or parish president pursuant to the provisions of the Louisiana Homeland Security
and Emergency Assistance and Disaster Act.

(2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia,
Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St.
Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.

F. This Section shall not apply to the levy and collection of sales and use taxes,
license fees and taxes, and permit fees, nor shall it affect the authority of political
subdivisions to prohibit the possession of a weapon or firearm in the commercial
establishments and public buildings enumerated in R.S. 40:1379.3(N).

*Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1; Acts 2020, No. 299, §1; Acts 2024, No. 59, §1.*

##### **§ 40:1797** Law enforcement officers; possession of a firearm in courtroom; prohibition {#sec-40-1797 omnilex-key=us-la-statutes--rs-title-40--40:1797}

No state or local law enforcement officer shall carry a firearm, whether concealed or not on his person, into a courtroom while attending any session of state, parish, city, municipal, family, juvenile, drug, or traffic court as a party to a proceeding.

*Acts 1999, No. 621, §1.*

##### **§ 40:1798** Firearms; disposal by law enforcement agencies {#sec-40-1798 omnilex-key=us-la-statutes--rs-title-40--40:1798}

A. Notwithstanding any provision of the law to the contrary, the Louisiana Department of Public Safety and Corrections, office of the state police, the Louisiana Department of Wildlife and Fisheries, and each law enforcement agency of a political subdivision of the state shall dispose of firearms which are lawfully seized by and forfeited to those agencies in the manner provided for in this Section.

B. For the purpose of this Section, the following words shall have the following meanings:

(1) "Contraband" means any firearm which cannot be lawfully owned or possessed by any state or local law enforcement agency or by any private citizen.

(2) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

(3) "Forfeited" means that the ownership of the firearm has been transferred to a law enforcement agency by a court order and that the firearm is not being held as evidence or for any other purpose related to an investigation or prosecution of criminal activity.

(4) "Law enforcement agency" means the Louisiana Department of Public Safety and Corrections, office of state police, the Louisiana Department of Wildlife and Fisheries, the sheriff of any parish, or the police department of any municipality.

(5) "Seized" means lawfully taken and held by a law enforcement agency in connection with an investigation or prosecution of criminal activity.

C. If the seized or forfeited firearm is contraband, the law enforcement agency shall destroy the seized or forfeited firearm.

D. If the seized or forfeited firearm is not contraband, and if the law enforcement agency knows the owner of the seized or forfeited firearm, and if the owner did not commit any violation of any federal or state law or local ordinance in which the seized or forfeited firearm was involved, and if the owner may lawfully possess the seized or forfeited firearm, the law enforcement agency shall return the seized or forfeited firearm to the owner.

E. If the provisions of Subsections C and D do not apply, the law enforcement agency shall dispose of the seized or forfeited firearm in accordance with the following provisions:

(1) If the firearm is of a type which can lawfully be possessed and used by a law enforcement agency, the law enforcement agency may dispose of the firearm in one of the following ways:

(a) The law enforcement agency may retain and use the firearm.

(b) The law enforcement agency may sell or donate the firearm to another law enforcement agency or may use the firearm as consideration or partial consideration in an exchange with another law enforcement agency.

(c) The law enforcement agency may sell the firearm to a firearms dealer or a firearms manufacturer, or may use the firearm as consideration or partial consideration in an exchange with a firearms dealer or a firearms manufacturer, provided the firearms dealer or the firearms manufacturer is licensed to buy, sell, or trade that type of firearm.

(d) The law enforcement agency may destroy the firearm.

(2) If the firearm is of a type which can lawfully be possessed and used by a private citizen, the law enforcement agency may dispose of the firearm in one of the following ways:

(a) The law enforcement agency may retain and use the firearm.

(b) The law enforcement agency may sell or donate the firearm to another law enforcement agency or may use the firearm as consideration or partial consideration in an exchange with another law enforcement agency.

(c) The law enforcement agency may sell the firearm to a firearms dealer or a firearms manufacturer, or may use the firearm as consideration or partial consideration in an exchange with a firearms dealer or a firearms manufacturer, provided the firearms dealer or the firearms manufacturer is licensed to buy, sell, or trade that type of firearm.

(d) The law enforcement agency may sell the firearm to a private citizen. A sale of a firearm to a private citizen shall be at a public auction in the same manner as a sale of surplus property. A sale of a firearm to a private citizen shall comply with all federal laws, state laws, and local ordinances which apply to that sale, and the law enforcement agency shall perform the background checks on the purchaser which are required by state and federal laws for sales of firearms by licensed firearms dealers.

(e) The law enforcement agency may destroy the firearm.

F. Before a law enforcement agency destroys a seized or forfeited firearm under the provisions of Subsections D and E , the law enforcement agency shall ensure that any security interest attached to the firearm to be destroyed is satisfied in favor of the party holding the security interest in the firearm.

G. A law enforcement agency may dispose of its own surplus firearms in accordance with the applicable provisions of this Section.

*Acts 1999, No. 806, §1; Acts 2001, No. 236, §1.*

##### **§ 40:1799** Preemption of state law; liability of manufacturer, trade association, or dealer of firearms and ammunition {#sec-40-1799 omnilex-key=us-la-statutes--rs-title-40--40:1799}

A. The governing authority of any political subdivision or local or other
governmental authority of the state is precluded and preempted from bringing suit to recover
against any firearms or ammunition manufacturer, distributor, trade association, or dealer for
damages for injury, death, or loss or to seek other injunctive relief resulting from or relating
to the design, manufacture, marketing, or sale of firearms or ammunition. The authority to
bring such actions as may be authorized by law shall be reserved exclusively to the state.

B. This Section shall not prohibit the governing authority of a political subdivision
or local or other governing authority of the state from bringing an action against a firearms
or ammunition manufacturer, distributor, trade association, or dealer for breach of contract
as to firearms or ammunition purchased by the political subdivision or local authority of the
state.

C. If a governing authority violates the provision of this Section, the defendant may
be entitled to court costs and attorney fees.

D. The court shall award reasonable attorney fees, court costs, compensation for loss
of income, and all expenses to the defendant in any civil action if the court finds that the
action was improperly brought under this Section.

*Acts 1999, No. 291, §1, eff. June 11, 1999; Acts 2025, No. 175, §2.*

##### **§ 40:1800** Firearms; hold agreements; limitation of liability {#sec-40-1800 omnilex-key=us-la-statutes--rs-title-40--40:1800}

A. For the purposes of this Section:

(1) "Federal firearms licensee" means any person licensed pursuant to Chapter 44 of
Title 18 of the United States Code.

(2) "Firearm" means an instrument as defined in 18 U.S.C. 921, R.S. 14:37.4 or 95.1,
or R.S. 40:1781.

(3) "Firearm hold agreement" means a private transaction between a federal firearms
licensee and an individual firearm owner where the licensee takes physical possession of the
owner’s lawfully possessed firearm at the owner's request, holds the firearm for an agreed
period of time, and returns the firearm to the owner according to the terms of the transaction.

B.(1) No person shall have a cause of action against a federal firearms licensee
operating lawfully in the state of Louisiana for any act or omission arising from a firearm
hold agreement and resulting in personal injury or death of any natural person, including the
return of any firearms to the individual firearm owner by a federal firearms licensee at the
termination of a firearm hold agreement.

(2) The immunity from civil liability provided in Paragraph (1) of this Subsection
shall not apply to any action arising from a firearm hold agreement if such action was the
result of otherwise unlawful conduct on the part of the licensee.

(3) This Section shall not apply to firearm transfers pursuant to the Domestic
Violence Prevention Firearm Transfer as provided in Title XXXV of the Code of Criminal
Procedure.

*Acts 2022, No. 453, §1.*

#### **PART III** PURCHASE OF RIFLES AND SHOTGUNS

##### **§ 40:1801** Repealed by Acts 2011, No. 130, §1. {#sec-40-1801 omnilex-key=us-la-statutes--rs-title-40--40:1801}

*Repealed by Acts 2011, No. 130, §1.*

##### **§ 40:1802** Repealed by Acts 2011, No. 130, §1. {#sec-40-1802 omnilex-key=us-la-statutes--rs-title-40--40:1802}

*Repealed by Acts 2011, No. 130, §1.*

##### **§ 40:1803** Repealed by Acts 2011, No. 130, §1. {#sec-40-1803 omnilex-key=us-la-statutes--rs-title-40--40:1803}

*Repealed by Acts 2011, No. 130, §1.*

##### **§ 40:1804** Repealed by Acts 2011, No. 130, §1. {#sec-40-1804 omnilex-key=us-la-statutes--rs-title-40--40:1804}

*Repealed by Acts 2011, No. 130, §1.*

#### **PART IV** ARMOR-PIERCING BULLETS

##### **§ 40:1810** Definitions {#sec-40-1810 omnilex-key=us-la-statutes--rs-title-40--40:1810}

As used in this Part, "armor-piercing bullet" shall mean any bullet, except a shotgun shell or ammunition primarily designed for use in rifles, that:

(1) Has a steel inner core or core of equivalent density and hardness, truncated cone, and is designed for use in a pistol or revolver as a body armor or metal piercing bullet; or

(2) Has been primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied thereto, to breach or penetrate body armor when fired from a handgun.

*Added by Acts 1983, No. 284, §1.*

##### **§ 40:1811** Prohibitions {#sec-40-1811 omnilex-key=us-la-statutes--rs-title-40--40:1811}

A. No person shall import, manufacture, sell, purchase, possess, or transfer armor-piercing bullets.

B. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than one year, or both.

*Added by Acts 1983, No.284, §1.*

##### **§ 40:1812** Exemptions {#sec-40-1812 omnilex-key=us-la-statutes--rs-title-40--40:1812}

The provisions of this Part shall not apply to:

(1) Law enforcement officers and employees acting in the lawful performance of their duties.

(2) Law enforcement or other authorized agencies conducting a firearms training course, operating a forensic ballistics laboratory, or specializing in the development of ammunition or explosive ordinance.

(3) Department of Corrections officials and employees authorized to carry firearms while engaged in the performance of their official duties.

(4) Members of the armed services or reserve forces of the United States or Louisiana National Guard while engaged in the performance of their official duties.

(5) Federal officials authorized to carry firearms while engaged in the performance of their official duties.

(6) The lawful manufacture, importation, sale, purchase, possession, or transfer of armor-piercing bullets exclusively to or for persons authorized by law to possess such bullets.

(7) A bona fide collector licensed by the Department of Public Safety.

*Added by Acts 1983, No. 284, §1.*

### **CHAPTER 10** GAS

#### **PART I** LOUISIANA LIQUEFIED PETROLEUM GAS COMMISSION

##### **§ 40:1841** Creation of commission; domicile; membership; terms; officers of commission {#sec-40-1841 omnilex-key=us-la-statutes--rs-title-40--40:1841}

A. The Liquefied Petroleum Gas Commission is hereby created. It shall have power to sue and be sued and shall be domiciled in the city of Baton Rouge. The commission shall consist of five members, one of whom shall be the secretary of the Department of Public Safety and Corrections or his designee, who shall serve as an ex officio member; two members shall be appointed by the governor, and two members shall be appointed by the governor from a list of four names selected in the manner hereinafter provided by a majority vote of the liquefied petroleum gas dealers, as that term is hereinafter defined. In default of such nomination by the liquefied petroleum gas dealers, the governor shall make the appointments. All appointments by the governor shall be subject to confirmation by the Senate.

B. For the purpose of voting on the selection of the two members of the commission to be appointed by the governor, each liquefied petroleum gas dealer shall be entitled to one vote per permit held, to be cast by the person designated in a duly executed power of attorney from the dealer he represents. The power of attorney shall be filed with the commission and shall remain effective for such purposes until revoked. Any natural person may be selected. The Louisiana Liquefied Petroleum Gas Commission shall conduct the selection process. The selection process shall be held thirty days prior to a new gubernatorial inauguration and every four years thereafter, beginning in the year 2000.

C.(1) Each of the four members appointed by the governor shall serve a term which shall be concurrent with the term of the governor making the appointment. Each appointment by the governor shall be submitted to the Senate for confirmation. The secretary of the Department of Public Safety and Corrections or his designee shall serve for a term corresponding with the term of his official appointment.

(2) A majority of the membership shall constitute a quorum for the transaction of business.

D. The commission shall elect its chairman and vice chairman, and the director hereinafter provided for shall be the secretary of the commission.

*Acts 1950, No. 63, §1. Amended by Acts 1975, No. 49, §1; Acts 1978, No. 603, §1; Acts 1980, No. 735, §1, eff. July 29, 1980; Acts 1987, No. 552, §1; Acts 1997, No. 98, §1; Acts 1997, No. 1446, §1; Acts 2003, No. 774, §11.*

##### **§ 40:1842** Definitions {#sec-40-1842 omnilex-key=us-la-statutes--rs-title-40--40:1842}

As used in this Part:

(1) "Liquefied petroleum gases" are those gases derived from petroleum or natural gas, and are herein defined as those in the gaseous state at normal atmospheric temperature and pressure, and those maintained in the liquid state at normal atmospheric temperature by means of suitable pressure.

(2) "Liquefied petroleum gas dealers" means those persons, firms, or corporations engaged in the storage, sale, or transportation of liquefied petroleum gases over the public highways of this state, in the installation of storage tanks or systems for the use of liquefied petroleum gases, and in the installation of liquefied petroleum gas appliances for the use of liquefied petroleum gases who are required, by this Part and the rules and regulations of the Liquefied Petroleum Gas Commission, to obtain the permit and furnish the insurance required by this Part as a prerequisite to the right to carry on their respective businesses.

(3) "Commission" means the Liquefied Petroleum Gas Commission created by R.S. 40:1841.

(4) "Retail station" means that portion of property where liquefied petroleum gases used as motor fuel are stored and dispensed from fixed equipment into liquefied petroleum gas fuel tanks of motor vehicles and where such dispensing is an act of retail motor fuel sale.

(5) "Motor fuel" means liquefied petroleum gases of a type distributed for use as a fuel in self-propelled agricultural or industrial equipment, and vehicles designed for use on public streets, roads, and highways.

(6) "Retail motor fuel sale" means the dispensing of liquefied petroleum gas motor fuel at a retail station to the general public for cash or credit. As used in this Subpart, retail motor fuel sale does not include the dispensing of liquefied petroleum gas motor fuel under a gas card-lock or fuel card-lock system or other system in which a purchaser, under a previously entered into contractual arrangement with the seller, is provided a card, key, or other item or device to unlock or operate the dispensing equipment when no employee is present on the premises.

(7) "End user" means any person, firm, or corporation which has the use of or legal authority or control over any system which utilizes liquefied petroleum gas as defined by this Section.

(8) "Liquefied petroleum gas system" means any tank, container, heat or cold producing device, appliance, or piping that utilizes or has liquefied petroleum gas connected thereto. As used in this Subpart, liquefied petroleum gas system shall include but is not limited to ranges, hot water heaters, air conditioners, containers, tanks, furnaces, spaceheaters, piping used in the transfer of liquefied petroleum gas from one point to another, internal combustion engines, both stationary and mobile, grain dryers, or any combination thereof.

(9) "Owner" means any person, firm, or corporation who holds a written bill of sale under which title was transferred to the subject property.

(10) "Manufacturer of liquefied petroleum gases" means any person, firm, or corporation which derives liquefied petroleum gas from raw materials, such as crude oil or natural gas, through an artificial process that gives the raw materials new qualities or combinations that are suitable for use in some form other than in their raw state.

(11) "Manufacturer of products of which liquefied petroleum gas forms a component part" means any person, firm, or corporation which uses liquefied petroleum gas as a raw material or in combination with other materials to form another product.

(12)(a) "Reseller" means a person, firm, or corporation who:

(i) Holds title or ownership of liquefied petroleum gas as it leaves the facility or plant of a manufacturer of liquefied petroleum gas, or the facility or plant of a manufacturer of products of which liquefied petroleum gas form a component part, or of a commercial storage facility.

(ii) Transfers such title or ownership to another without substantially changing the form of the liquefied petroleum gas.

(iii) Transfers such title or ownership to another reseller, or to a liquefied petroleum gas dealer for sale at retail.

(b) This definition shall include a manufacturer of liquefied petroleum gas or a manufacturer of products of which liquefied petroleum gas forms a component part, if title or ownership transfers directly from the manufacturer to a liquefied petroleum gas dealer for sale at retail.

(c) This definition shall not include a manufacturer of liquefied petroleum gas or a manufacturer of products of which liquefied petroleum gas forms a component part, if title or ownership transfers to another manufacturer of liquefied petroleum gas, to another manufacturer of products of which liquefied petroleum gas forms a component part, or to a reseller.

*Acts 1950, No. 63, §1. Amended by Acts 1975, No. 49, §1; Acts 1987, No. 552, §1; Acts 1990, No. 779, §1; Acts 1992, No. 323, §1, eff. June 17, 1992; Acts 1997, No. 999, §1; Acts 2003, No. 275, §1, eff. June 10, 2003.*

##### **§ 40:1843** Compensation of members {#sec-40-1843 omnilex-key=us-la-statutes--rs-title-40--40:1843}

The members of the commission shall receive one hundred twenty-five dollars per diem for each day and an expense allowance in the same amounts as authorized by state general travel regulations for meals, lodging, and mileage for state employees for attendance at meetings of the commission.

*Acts 1950, No. 63, §1. Amended by Acts 1979, No. 362, §1; Acts 1980, No. 766, §1; Acts 2001, No. 429, §1; Acts 2008, No. 926, §1.*

##### **§ 40:1844** Meetings {#sec-40-1844 omnilex-key=us-la-statutes--rs-title-40--40:1844}

The commission shall hold not more than one meeting per month at its domicile and no meeting shall be for longer than is absolutely necessary to transact the business of the commission, provided, however, that the commission may hold three of its monthly meetings at places in the state elsewhere than at its domicile.

*Acts 1950, No. 63, §1.*

##### **§ 40:1845** Director; other personnel; salaries {#sec-40-1845 omnilex-key=us-la-statutes--rs-title-40--40:1845}

For the enforcement of its rules and regulations and the provisions of this Part, the commission shall appoint a director and such other field inspectors as its work may require, and shall prescribe their duties and fix their compensation. It may appoint such secretarial, stenographic and clerical help as may be required to carry out the duties of the commission and shall fix their salaries.

*Acts 1950, No. 63, §1.*

##### **§ 40:1846** Rules and regulations of commission; exceptions; reporting; data sharing; permit requirements; penalties; liability; state of emergency or disaster {#sec-40-1846 omnilex-key=us-la-statutes--rs-title-40--40:1846}

A. Subject to the applicable provisions of Chapter 13 of Title 49 of the Louisiana
Revised Statutes of 1950, the commission has the power to make and enforce reasonable
rules and regulations governing the storage, sale, and transportation of liquefied petroleum
gases over the highways of the state, the installation of tanks or systems for the use of
liquefied petroleum gases, and the installation and use of liquefied petroleum gas appliances
as the commission may deem necessary in the interest of public safety.

B. In adopting rules and regulations, the commission shall be governed by the
following provisions:

(1) The commission may adopt, as its own, the published regulations of the National
Fire Protection Association, or any other nationally recognized agency, by reference thereto,
or it may adopt any other reasonable rules and regulations it deems necessary in the interest
of public safety.

(2) The rules and regulations relating to design and construction of liquefied
petroleum gas containers shall be in reasonably substantial conformity with recognized
published national standards.

(3) The rules and regulations shall provide that a dealer shall not serve any liquefied
petroleum gas system which the dealer knows is improperly installed or in a dangerous
condition. The rules and regulations shall require the following provisions relative to
liquefied petroleum gas systems:

(a) In the interest of safety and for the protection of life and property, any end user
who authorizes the maintenance and/or repair, installation, adjustment, and servicing of a
liquefied petroleum gas system in the state of Louisiana shall insure that any person, firm,
or corporation that may be employed and/or authorized to make such repairs has a current
permit or registration and cards of competency from the Louisiana Liquefied Petroleum Gas
Commission to perform maintenance and/or repair, installation, adjustment and/or servicing
of that system.

(b) Any end user authorizing any action listed in R.S. 40:1846(B)(3)(a), where such
actions are completed by any person, firm, or corporation other than the liquefied petroleum
gas dealer who normally services the liquefied petroleum gas system, shall notify, as soon
as possible, the servicing dealer authorized to service the affected liquefied petroleum gas
system. This notification shall include:

(i) Name of the person, firm, or corporation that performed the service.

(ii) Actions taken to the affected liquefied petroleum gas systems such as adding
piping, spaceheaters, and other such appliances. The end user shall make the described
notification within five working days after completion of the action or before the liquefied
petroleum gas system is next serviced with liquefied petroleum gas, whichever occurs first.

(c) It is unlawful for any person, firm, or corporation to repair, install, adjust, and/or
service any liquefied petroleum gas system without meeting the requirements of the
Louisiana Liquefied Petroleum Gas Commission.

(d) No person, firm, or corporation, except the owner thereof, or person, firm, or
corporation authorized in writing by said owner, shall fill, refill, buy, sell, offer for sale, give,
take, loan, dispose of, or traffic in, a liquefied petroleum gas container or tank.

(e) Any person, firm, or corporation convicted of violating any provision of this
Paragraph shall be subject to penalties as provided in R.S. 40:1846.1(E).

(f) No person, firm, or corporation shall use, sell, or distribute liquefied petroleum
gas for use in mobile air conditioning systems; however, the prohibition shall not apply to
a refrigerant included on the list published by the Environmental Protection Agency as a safe,
alternative motor vehicle air conditioning substitute for chlorofluorocarbon-12, pursuant to
42 U.S.C. 7671k(c). For purposes of this Subparagraph "mobile air conditioning system"
means mechanized vapor compression equipment which is used to cool the driver's or
passenger's compartment of any motor vehicle. So that it may be determined whether the
refrigerant is a liquefied petroleum gas, the proper shipping name shall be used on any
product intended for use as a refrigerant in a mobile air conditioning system. Proper shipping
names with a U.N. number and a hazard class and division number of liquefied petroleum
gas per the United States Department of Transportation hazardous materials tables shall be
prima facie evidence that the refrigerant is liquefied petroleum gas and is prohibited. Any
advertising or other literature published by the manufacturer of the refrigerant promoting it
as a replacement or drop-in for CFR-12 or HFC 134a, or both, shall be prima facie evidence
that it is being sold for mobile air conditioning systems.

(4) The rules and regulations shall require each dealer to transmit a notice, once each
year, to each customer stating that liquefied petroleum gas systems are potentially dangerous,
that a leak in the system could result in a fire or explosion, and that systems should be
inspected periodically.

(5) The rules and regulations shall require the following provisions regarding
odorization and verification of odorization of liquefied petroleum gases:

(a) Except as otherwise provided in Subparagraph (b) of this Paragraph, each
refinery, commercial storage facility, natural gas processing plant, pipeline, or other person
which sells liquefied petroleum gas to a transporter, dealer, or distributor for distribution into
the distribution chain to consumers shall odorize the liquefied petroleum gas in accordance
with this Chapter.

(b) Liquefied petroleum gas shall not be required to be odorized if it is to be
delivered to a manufacturer of products of which liquefied petroleum gas forms a component
part, to any facility for further processing, to a commercial storage facility for storage, a
natural gas processing plant, a refinery, a pipeline, or when odorization would be harmful in
further use or processing of the gas and would not serve a useful purpose as a warning agent
in further use or processing of the gas.

(c) Liquefied petroleum gas which is required to be odorized shall be effectively
odorized by an approved agent of such character as to indicate positively, by a distinctive
odor, the presence of gas down to concentrations in air of not over one-fifth the lower limit
of flammability. The presence of odorization, when required, shall be positively verified by
the dealer by a sniff test or other means, and the results shall be documented prior to delivery
into his bulk plant or, when a shipment bypasses a bulk plant, prior to the delivery to a
consumer. It is the intent of this Paragraph to prohibit the sale or delivery of liquefied
petroleum gas by a dealer to a consumer without the required odorization.

(d) The odorization requirements shall be considered to be met by the use of one
pound of ethyl mercaptan, one pound of thiophane, or one and four tenths pounds of amyl
mercaptan per ten thousand gallons of liquefied petroleum gas, subject to the provisions of
Subparagraph (e) of this Paragraph.

(e) In order to maintain the minimum concentration of odorant in the liquefied
petroleum gas at the point of use by the consumer, the rules and regulations shall recommend
that each person who is required to odorize gas under this Chapter use one and one-half
pounds of odorant per ten thousand gallons of liquefied petroleum gas at the point of
odorization.

(6) The only approved odorants are those specified in this Chapter; however, the
rules and regulations may authorize the use of other odorants which are equal in effectiveness
to the odorants specified in this Chapter.

(7) The rules and regulations shall require each person which transports liquefied
petroleum gas which is exempt from the odorization requirements of this Chapter to keep
records of all purchases of unodorized gas for three years. The records shall include bills of
lading, loading tickets, and records of all deliveries of unodorized gas. Each delivery ticket
and bill of lading shall be identified by reference to the bill of lading number.

(8) The rules and regulations adopted by the commission shall not be in conflict with
the provisions of this Chapter.

C. The rules and regulations adopted by the commission shall be available to the
public on the website of the commission. Any applicant, upon filing a formal application for
a permit or registration, shall be mailed a copy of these rules and regulations upon receipt of
his request. These rules and regulations may be supplemented from time to time in
accordance with Administrative Procedure Act, R.S. 49:950 et seq. No other form of
promulgation shall be required to make such rules and regulations or supplements thereto
effective.

D. The power of regulation vested in the commission shall not extend to the plant
site of a manufacturer of liquefied petroleum gases, or to the plant site of a manufacturer of
products of which liquefied petroleum gases form a component part, or to installations or
storage or delivery of such gases within the plant site of any such manufacturer.

E. This Part does not apply to manufacturers of liquefied petroleum gases, as defined
in R.S. 40:1842(10), or to manufacturers of products of which liquefied petroleum gas forms
a component part, as defined in R.S. 40:1842(11), who manufacture or purchase liquefied
petroleum gases for use or consumption in their operations or who sell all or part of the
liquefied petroleum gases so manufactured or purchased exclusively to a manufacturer of
liquefied petroleum gases, to a manufacturer of products of which liquefied petroleum gas
forms a component part, or to resellers as defined in R.S. 40:1842(12).

F. The commission shall cooperate with the deputy secretary of the Department of
Public Safety and Corrections to develop a means of sharing data regarding the location of
storage tanks and other relevant data necessary to implement the information management
system required to be reported under R.S. 30:2361, et seq. The administrative costs of
transferring this data to the information management system shall be paid by the commission
out of permit fees presently collected by the commission.

G.(1) Liquefied petroleum gas dealers and resellers, as defined in this Part, shall be
subject to the provisions of this Part, including the obtaining of a permit, payment of a permit
fee, and obtaining the required insurance. The permit fee amount shall be based on the cost
of the liquefied petroleum gases or the sales price of those gases, whichever is greater.

(2) A manufacturer of liquefied petroleum gases or a manufacturer of products of
which liquefied petroleum gas forms a component part, who is also a dealer or reseller within
the meaning of this Part, shall not include within the term "annual gross sales", for the
purpose of computing the permit fee as a dealer or reseller, those sales of liquefied petroleum
gas made by such manufacturer to a manufacturer of liquefied petroleum gases, to a
manufacturer of products of which liquefied petroleum gas forms a component part, or to
resellers.

(3) It is the intent of this Part to make all sales, except those specifically exempted,
subject to a permit fee at the reseller's point of sale and at the retail dealer's point of sale.

H. It shall be an affirmative defense to an action against any person engaged in this
state in the business of selling at retail, supplying, handling, or transporting liquefied
petroleum gas that an alleged injury, damage, or loss was caused by either of the following:

(1) The alteration, modification, or repair of liquefied petroleum gas equipment or
a liquefied petroleum gas appliance if the alteration, modification, or repair was done
without the knowledge of the liquefied petroleum gas seller, supplier, handler, or transporter.

(2) The use of liquefied petroleum gas equipment or a liquefied petroleum gas
appliance in a manner or for a purpose other than that for which the equipment or appliance
was intended and that purpose could not reasonably have been expected.

I. The commission or its appointed designee, may suspend any of the commission's
rules and regulations in Chapter 1, 2, or 15 of Part IX of Title 55 of the Louisiana
Administrative Code that do not materially affect safety during the time period of declaration
of an emergency or disaster by the governor. The commission shall promulgate rules and
regulations pursuant to the Administrative Procedure Act providing for such suspension prior
to exercising the authority granted in this Subsection.

*Amended by Acts 1992, No. 323, §1, eff. June 17, 1992; Acts 1995, No. 1279, §1; Acts 1997, No. 550, §1; Acts 1997, No. 999, §1; Acts 2003, No. 275, §1, eff. June 10, 2003; Acts 2005, No. 71, §1; Acts 2009, No. 211, §1, eff. June 30, 2009; Acts 2010, No. 931, §1; Acts 2016, No. 422, §1.*

##### **§ 40:1846.1** Powers of investigation; penalties; civil liability {#sec-40-1846.1 omnilex-key=us-la-statutes--rs-title-40--40:1846.1}

A. The commission shall have the power to summon and compel the attendance of witnesses, to swear witnesses, to compel the production of books and papers directly connected with any violation of its regulations under investigation, to take testimony under commission, and to punish for contempt as fully as is provided by law for the district courts.

B. Each dealer facility subject to the regulation of the commission shall submit to an inspection by a representative of the commission at least once every three years, which inspections may be conducted without prior notice by the commission or its representative.

C.(1) No individual shall be subject to a criminal fine or imprisonment under this Chapter as a result of any willful and wrongful acts of a fellow employee or subordinate employee whose willful and wrongful act was carried out without the knowledge of the individual.

(2) Whoever is found to be guilty of any of the following acts shall be fined not more than fifty thousand dollars, or imprisoned with hard labor for not more than ten years, or both:

(a) Willful or knowing violation of a rule or regulation of the commission which endangers human life or health.

(b) Failure to properly odorize gas or to verify the presence of odorant as required by this Chapter.

D.(1) Anyone violating this Chapter shall also be liable for all damages resulting from any fire or explosion involving that shipment.

(2) The liability imposed by this Section may not be delegated by contract or practice to any transporter or subcontractor responsible for the transportation of the liquefied petroleum gas.

E.(1) The commission may assess a civil penalty of not less than one hundred nor more than one thousand dollars for each violation of this Chapter or the rules and regulations adopted under the provisions of this Chapter.

(2) Civil penalties may be assessed only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.

(3) The commission may institute civil proceedings to enforce its rulings in the district court for the parish in which the commission is domiciled or the district court for the parish in which the violation occurred.

*Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1999, No. 584, §1; Acts 2003, No. 275, §1, eff. June 10, 2003.*

##### **§ 40:1847** Permits; bonds; insurance; reciprocal agreements {#sec-40-1847 omnilex-key=us-la-statutes--rs-title-40--40:1847}

A.(1) Every person, firm, or corporation, as a prerequisite to his or its right to store, sell, or transport liquefied petroleum gases over the highways of the state of Louisiana or to his or its right to install storage tanks or systems for the use of liquefied petroleum gases, or to his or its right to install liquefied petroleum gas appliances, shall obtain a permit or registration from the commission and shall comply with the applicable requirements of the rules and regulations of the commission including the execution and filing of the insurance policy required herein with the commission. The registration applies only to plumbers who hold a masters plumber's license issued by the state of Louisiana, or mechanical contractors who hold a current occupational license from the proper issuing authority and who meets all rules and regulations of the Liquefied Petroleum Gas Commission.

(2) As a further prerequisite to the issuance of such permit or registration, the applicant shall furnish evidence of liability insurance in the minimum sum of one hundred thousand dollars covering the applicant's legal liability for such phases of his operations as the commission may require, but this shall not serve to lower any insurance requirements otherwise provided by law.

(3) In lieu of such insurance, the applicant may post with the commission bonds or other securities issued by the United States of America or the state of Louisiana, or certificates of deposit or similar instruments issued by a lending institution regulated by an agency of this state or of the federal government, in the above amounts, which bonds or securities shall be held in trust by the commission for the benefit of any person, firm, or corporation to which such legal liability may accrue.

B. The commission shall grant Class I liquefied petroleum gas dealer permits to nonresident applicants only after the commission has reached a reciprocal agreement with the liquefied petroleum gas regulating authority of the state in which the applicant resides. Such agreement shall provide for the granting of Class I dealer permits in that state to resident Louisiana liquefied petroleum gas Class I dealer applicants on an equal basis between the states for the granting of such permits. The granting of a Class I dealer permit by the commission to such nonresident applicant shall be subject to the provisions of such agreement. The provisions of such agreement shall not serve to reduce the requirements hereinabove prescribed for qualifying for Class I liquefied petroleum gas dealer permits to operate within the state of Louisiana.

*Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1987, No. 552, §1; Acts 1995, No. 1279, §1.*

##### **§ 40:1847.1** Permits; exceptions {#sec-40-1847.1 omnilex-key=us-la-statutes--rs-title-40--40:1847.1}

A. No person, firm, or corporation engaged in the retail selling of farm tractors and other farm equipment using liquefied petroleum gas that are completely equipped and delivered by the manufacturer shall be required to obtain a permit as required in R.S. 40:1847 prior to the selling of said equipment if the tractors and other farm equipment so sold are serviced by a duly authorized and licensed dealer in liquefied petroleum products. Any person, firm, or corporation hereby exempted from the requirement to obtain a permit may, however, make simple carburetor adjustments to farm tractors and other farm equipment sold by them.

B.(1) Any person, firm, or corporation engaged in the business of plumbing who holds a "master plumber's" license issued by the state of Louisiana and is qualified to install liquefied petroleum gas or anhydrous ammonia piping, may install liquefied petroleum gas or anhydrous ammonia piping and make alterations or modifications to existing piping systems only after complying with all of the following conditions:

(a) The person, firm, or corporation is properly registered with the Liquefied Petroleum Gas Commission.

(b) The person, firm, or corporation passes a competency examination and receives a card of competency from the Liquefied Petroleum Gas Commission.

(c) The provisions of NFPA Pamphlet #54 (National Fuel Gas Code) and NFPA Pamphlet #58 (Standard for the Storing and Handling of Liquefied Petroleum Gas) and ANSI K 61.1 - 1989 are followed.

(d) The applicable rules and regulations of the Liquefied Petroleum Gas Commission are followed.

(e) All proper fees have been paid including a registration fee which registration fee shall not exceed thirty-seven dollars and fifty cents.

(2) The provisions of this Subsection shall not apply to the sales of liquefied petroleum gases or anhydrous ammonia, or to the storage or transportation of liquefied petroleum gases or anhydrous ammonia over the highways of this state, or to the sales or installation of liquefied petroleum gas or anhydrous ammonia containers or tanks.

C.(1) Any person, firm, or corporation engaged in the mechanical contracting business, and who is qualified to install liquefied petroleum gas or anhydrous ammonia appliances and equipment, may install liquefied petroleum gas or anhydrous ammonia appliances and equipment and make alterations and modifications to existing liquefied petroleum gas or anhydrous ammonia appliances and equipment, only after complying with all of the following conditions:

(a) The person, firm, or corporation is properly registered with the Liquefied Petroleum Gas Commission.

(b) The person, firm, or corporation passes a competency examination and receives a card of competency from the Liquefied Petroleum Gas Commission.

(c) The provisions of NFPA Pamphlet #54 (National Fuel Gas Code) and NFPA Pamphlet #58 (Standard for the Storing and Handling of Liquefied Petroleum Gas) and ANSI K 61.1 - 1989 are followed.

(d) The applicable rules and regulations of the Liquefied Petroleum Gas Commission are followed.

(e) All proper fees have been paid including a registration fee which registration fee shall not exceed thirty-seven dollars and fifty cents.

(2) The provisions of this Subsection shall not apply to the sales of liquefied petroleum gases or anhydrous ammonia, or to the storage or transportation of liquefied petroleum gases or anhydrous ammonia over the highways of this state, or to the sales or installation of liquefied petroleum gas or anhydrous ammonia containers or tanks.

D. No person, firm, or corporation engaged in the selling of liquefied petroleum gas only in small consumer quantities in U.S. Department of Transportation specification 2Q containers shall be required to obtain a permit as required in R.S. 40:1847. These quantities shall not exceed one liter per container.

E. Those persons, firms, or corporations engaged in the transportation of liquefied petroleum gas in containers which qualify for the exemption provided for in R.S. 40:1849(C)(1)(b), shall not be required to obtain a permit as required by R.S. 40:1847, provided their normal and routine business is not primarily the transportation of liquefied petroleum gases.

*Added by Acts 1954, No. 718, §1. Amended by Acts 1995, No. 1279, §1; Acts 2003, No. 275, §1, eff. June 10, 2003; Acts 2007, No. 273, §1, eff. July 6, 2007.*

##### **§ 40:1848** Revocation of permits {#sec-40-1848 omnilex-key=us-la-statutes--rs-title-40--40:1848}

A. A permit may be suspended or revoked by the commission whenever the commission has assessed two or more penalties against a dealer for willful violation of or failure to comply with such rules and regulations provided the second or succeeding penalty or penalties have been imposed for violations of, or failure to comply with the regulations of the commission committed after the imposition of the first penalty or forfeiture, reserving to the dealer the right to resort to the courts for reinstatement of the permit suspended or revoked.

B. The commission may suspend or revoke the permit of any person who violates the provisions of R.S. 40:1846.1(C)(2)(a) and (b) or who fails to pay any civil penalty imposed by the commission under the provisions of R.S. 40:1846.1(E) within thirty days after the assessment becomes final.

C. Any dealer who continues to operate after such permit is revoked or during the period of such suspension shall be liable to prosecution under the provisions hereof in the same manner as if no such permit had ever been issued.

D. A permit may be revoked or suspended only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.

E. The commission may institute civil proceedings to enforce its rulings in the district court for the parish in which the commission is domiciled or in the district court for the parish in which the violation which gave rise to the suspension or revocation occurred.

*Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1987, No. 552, §1; Acts 1987, No. 857, §1.*

##### **§ 40:1849** Permit fees; minimum; maximum; transport registration fees; personnel qualification fees; Liquefied Petroleum Gas Commission Rainy Day Dedicated Fund Account {#sec-40-1849 omnilex-key=us-la-statutes--rs-title-40--40:1849}

A. Except as provided for in Subsection E of this Section, every applicant for a
permit shall, at the time of the issuance of the permit by the Liquefied Petroleum Gas
Commission and annually thereafter pay to the commission a permit fee which shall be fixed
by the commission in an amount which shall not exceed four-tenths of one percent of the
gross annual sales of liquefied petroleum gas of such dealer or permit holder. The minimum
permit fee shall be not less than seventy-five dollars. No permit or renewal permit shall be
issued by the commission except upon payment of such fee as herein provided. The
commission may formulate and enforce necessary rules and regulations for the renewal of
permits and the collection of the fees.

B. No tanker truck with a water capacity of one thousand gallons or more shall be
used to transport liquefied petroleum gas, including anhydrous ammonia, in Louisiana until
it has been registered with the Liquefied Petroleum Gas Commission and an annual
registration fee for each vehicle has been paid therefor to the Liquefied Petroleum Gas
Commission. From August 1, 2025, until July 31, 2030, such fee shall be up to one hundred
dollars, and thereafter, such fee shall be up to one hundred fifty dollars. Upon payment of
the fee, the commission shall issue a registration decal valid for the year of issuance. This
registration decal shall be permanently affixed to the motor vehicle in a prominent location
as provided by the regulations which the commission shall adopt. No dealer shall deliver any
liquefied petroleum gas from any transport motor vehicle to which a current registration
decal is not permanently affixed.

C.(1)(a) All service and installation personnel, fuel transfer personnel, carburetion
mechanics, and tank truck drivers employed by a dealer shall have successfully taken the
personnel competency test administered by the commission and shall possess a current
personnel competency card, which must be renewed annually. Each applicant to take the
personnel competency test shall pay to the Liquefied Petroleum Gas Commission a personnel
qualification fee of twenty dollars, the payment of which shall entitle him to take the test one
time and, upon receipt of a satisfactory score, he shall be entitled to a personnel competency
card valid for the year in which it is issued. Each applicant to renew his personnel
competency card shall pay an annual renewal fee of ten dollars to the Liquefied Petroleum
Gas Commission.

(b) The provisions of this Paragraph shall not apply to drivers transporting three
hundred gallons or less of liquefied petroleum gas, in twenty-five gallon or more, maximum
liquefied petroleum gas capacity containers, which containers conform to United States
Department of Transportation specifications, if the driver's normal and routine duties are not
the transportation of liquefied petroleum gases.

(2) The commission may adopt rules to provide for reciprocal agreements with other
states regarding examination requirements and accept as its own the reciprocal state's
examination. The commission shall ensure that the reciprocal state's examination contains
substantially equivalent requirements. Each participating state in any such reciprocal
agreement shall retain its own fee structure regarding examinations and other applicable fees.

D.(1) Except for the assessment established in R.S. 40:1851, all fees, penalties, and
other revenues received by the commission shall be deposited immediately upon receipt in
the state treasury.

(2) After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
the monies being placed in the state general fund, an amount equal to the funds received shall
be credited to the special statutorily dedicated fund account hereby created in the state
treasury to be known as the "Liquefied Petroleum Gas Commission Rainy Day Dedicated
Fund Account", hereafter referred to in this Section as the "account". The monies in the
account shall be used solely as provided in this Subsection, and only in the amounts
appropriated by the legislature. The monies in the account shall be invested by the state
treasurer in the same manner as the monies in the state general fund. Subject to the
provisions of, and after compliance with, Article VII, Section 9(B) of the Constitution of
Louisiana, all interest earned on the monies in the account shall be credited to the account.
Monies deposited into the account shall be categorized as fees and self-generated revenue
for the sole purpose of reporting related to the executive budget, supporting documents, and
general appropriation bills and shall be available for annual appropriation by the legislature.

(3) At the end of each fiscal year, the unexpended and unencumbered monies which
remain in the account, up to a maximum of two hundred fifty thousand dollars, shall remain
in the account and shall be used by the commission for the purposes set forth in this
Subsection.

(4) The monies in the account shall be used for the following purposes:

(a) For all purposes provided for under this Part.

(b) For covering all reasonable administrative costs, as determined by the deputy
secretary of public safety services, of transferring data from the commission to the
information system established under the Hazardous Materials Information Development,
Preparedness, and Response Act, R.S. 30:2361 et seq. Monies authorized for this purpose
shall be transferred through an interagency transfer through the appropriate form and
expedited procedures through the budgetary process.

(5) At the end of each fiscal year, the unexpended and unencumbered monies which
remain in the account in excess of the two hundred fifty thousand dollar maximum provided
in Paragraph (3) of this Subsection, not to exceed three hundred thousand dollars, shall be
deposited in the separate interest-bearing account established under the authority of R.S.
40:1851(D) and shall be used solely for market development purposes as required by R.S.
40:1851.1(B).

E. In order to offset any projected increase in the total fees collected from truck
registrations, competency tests, and competency card renewals from Fiscal Year 1999 to
Fiscal Year 2000, the Liquefied Petroleum Gas Commission shall, prior to January 1, 2000,
promulgate rules to reduce the liquefied petroleum gas permit fees authorized in Subsection
A of this Section. The reduction in permit fees shall be in an amount equal to or exceeding
the increase in truck registration, competency test, and competency card fees provided for
in Subsections B and C of this Section. The actual 1998-1999 Fiscal Year sales dollars for
permit fee calculations, number of truck registrations, number of competency tests given, and
number of competency cards renewed shall be used in calculating the reduction in permit
fees. The reduction in permit fees as well as the increase in truck registration fees,
competency test fees, and competency card renewal fees set forth in this Section, shall
become effective on January 1, 2000.

*Amended by Acts 1997, No. 1446, §1; Acts 1998, 1st Ex. Sess., No. 127, §1, eff. May 5, 1998; Acts 1999, No. 584, §1; Acts 1999, No. 600, §1, eff. July 1, 1999; Acts 2003, No. 798, §1; Acts 2007, No. 273, §1, eff. July 6, 2007; Acts 2021, No. 144, eff. July 1, 2021; Acts 2021, No. 114, §10, eff. July 1, 2022; Acts 2025, No. 505, §1.*

##### **§ 40:1850** Penalties {#sec-40-1850 omnilex-key=us-la-statutes--rs-title-40--40:1850}

Any person, or the managing head of any firm or partnership, or the officer or employee of any corporation having direct control of such operation, who stores, sells, or transports over the public highways of Louisiana any liquefied petroleum gases without having first obtained the permit, and obtained the insurance required by this Part, or who installs any tank or system for the use of liquefied petroleum gases without having obtained such permit, and obtained such insurance, or who installs any liquefied petroleum gas appliance without having obtained such permit, and obtained such insurance, or who violates the requirements of R.S. 40:1849(B), shall be guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall pay a fine of not more than one thousand dollars or be imprisoned in the parish jail for not more than sixty days, or both. This Section shall not apply to any of the aforesaid acts or operations which by law are placed beyond the regulatory powers of the Liquefied Petroleum Gas Commission.

*Acts 1950, No. 63, §1. Amended by Acts 1977, No. 688, §1, eff. July 25, 1977; Acts 1999, No. 584, §1.*

##### **§ 40:1851** Assessment {#sec-40-1851 omnilex-key=us-la-statutes--rs-title-40--40:1851}

A. Subject to the provisions of this Section, there is hereby levied an assessment in
the amount of five one-hundredths of one percent of the gross annual sales of liquefied
petroleum gas of each person who holds a Class I, Class IV, or Class VI permit. The
assessment shall be determined in the same manner as the permit fee is determined.

B. Repealed by Acts 2016, No. 422, §2.

C. The assessment shall be paid at the same time as the annual permit fees are paid.

D. The commission may deduct the expenses of collecting and administering the
assessment, including the expenses of conducting the referendum, from the proceeds of the
assessment. After making those deductions, the commission shall deposit and maintain the
proceeds of the assessment in a separate interest-bearing account. If expenses are deducted,
they will be deducted each year for that year only and shall be limited to one percent of
assessments collected or a maximum of five hundred dollars, whichever is less.

E.(1) The proceeds of the assessment and the interest earned on those proceeds shall
be used for market development and promotion of the use of liquefied petroleum gas. Such
marketing programs may include advertising on radio, television, newspapers, magazines,
billboards, websites, and online venues, as well as sponsorships and participation in trade
shows, consumer rebate programs to encourage the purchase of propane appliances, and any
other programs as recommended by the Market Development Advisory Committee
established under Subsection F of this Section.

(2) All monies received or collected pursuant to R.S. 40:1851.1(A), including any
interest which may be earned on such monies, shall be deposited into a separate interest-bearing account established and maintained by the commission. All monies deposited shall
be used exclusively for the purposes provided for in R.S. 40:1851.1(B).

F. The commission shall establish a board to advise the commission on the
expenditure of funds collected under this Section. One advisory board member shall be
appointed by the commission from each commission inspector's area, as designated by the
commission, and two members shall be appointed at large. Each member of the advisory
board shall be a holder of a Class I, Class IV, or Class VI permit. Each class of permit
holders on which this Section levies an assessment shall have at least two members who hold
permits for their respective classes on the advisory board. There shall be not more than nine
members of the advisory board. The advisory board members shall serve a term concurrent
with that of the governor and, in case of resignation, the appointee will fill the unexpired
term. Members shall not receive any compensation for serving on the advisory board.

G, H. Repealed by Acts 2016, No. 422, §2.

*Acts 1989, No. 280, §1; Acts 1997, No. 1446, §1; Acts 1998, 1st Ex. Sess., No. 127, §1, eff. May 5, 1998; Acts 2001, No. 143, §1; Acts 2009, No. 386, §1; Acts 2016, No. 422, §§1, 2.*

##### **§ 40:1851.1** Propane education and research monies {#sec-40-1851.1 omnilex-key=us-la-statutes--rs-title-40--40:1851.1}

A. Any other donations, grants, or joint or coordinated assessments received or collected pursuant to Chapter 90 of Title 15 of the United States Code and received by the commission shall be deposited into the separate interest-bearing account as provided in R.S. 40:1851(E) and such monies shall be used exclusively for the purposes as provided in this Section.

B. Monies received or collected under the provisions of this Section shall only be used to enhance consumer and employee safety and training, to provide for research and development of clean and efficient propane utilization equipment, or to inform and educate the public about safety and other issues associated with the use of propane.

*Acts 1998, 1st Ex. Sess., No. 127, §1, eff. May 5, 1998.*

##### **§ 40:1852** Regulations {#sec-40-1852 omnilex-key=us-la-statutes--rs-title-40--40:1852}

A. The Liquefied Petroleum Gas Commission shall formulate, adopt, and promulgate rules and regulations for retail stations for the safe storage, handling, and use of liquefied petroleum gases used as motor fuels.

B. The rules and regulations shall be in substantial conformity with the applicable provisions of the published standards of the National Fire Protection Association, covering the storage, handling, and use of liquefied petroleum gases used as motor fuels.

*Acts 1990, No. 779, §1.*

##### **§ 40:1853** Repealed by Acts 2012, No. 433, §2. {#sec-40-1853 omnilex-key=us-la-statutes--rs-title-40--40:1853}

*Repealed by Acts 2012, No. 433, §2.*

##### **§ 40:1853.1** Access to automatic fuel dispensing device; safety requirement {#sec-40-1853.1 omnilex-key=us-la-statutes--rs-title-40--40:1853.1}

A. The use of self-service, coin-operated, credit card, or any other pump-activating automatic fuel dispensing device at any retail station may be accessed by the general public.

B. A dealer shall post at each dispenser step-by-step operating instructions readily visible to the operator during transfer operations.

C. The Liquified Petroleum Gas Commission shall promulgate and adopt rules and regulations, in accordance with the Administrative Procedure Act, providing education and instruction on the safe operation and use of automatic fuel dispensing devices.

*Acts 2012, No. 433, §1.*

#### **PART II** MALODORANTS

##### **§ 40:1891** Application of Part {#sec-40-1891 omnilex-key=us-la-statutes--rs-title-40--40:1891}

This Part applies only to retail distributing systems, subject to the jurisdiction of the Louisiana Public Service Commission. Nothing in this Part applies to or affects:

(1) Gas transported out of the state.

(2) Gas transported in gas lines for industrial or commercial purposes or for re-sale.

(3) Liquefied petroleum gas.

##### **§ 40:1892** Malodorants required {#sec-40-1892 omnilex-key=us-la-statutes--rs-title-40--40:1892}

All natural and other odorless gases shall be malodorized by the use of a malodorant
in accordance with pipeline safety rules and regulations promulgated by the assistant
secretary of the office of conservation of the Department of Conservation and Energy, or in
the case of liquefied petroleum gas, in accordance with R.S. 40:1846(B)(5) and (6).

*Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.*

##### **§ 40:1893** Method of use and containers and equipment regulated {#sec-40-1893 omnilex-key=us-la-statutes--rs-title-40--40:1893}

The method of using the malodorant and the containers and equipment used in
connection therewith are under the direction and subject to the approval of the office of
conservation of the Department of Conservation and Energy.

*Added by Acts 1979, No. 535, §1. Amended by Acts 1981, No. 754, §2; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.*

##### **§ 40:1894** Enforcement of Part; rules and regulations {#sec-40-1894 omnilex-key=us-la-statutes--rs-title-40--40:1894}

The office of conservation of the Department of Conservation and Energy shall
enforce the provisions of this Part. The assistant secretary of the office of conservation may
prescribe any rules and regulations on this subject necessary to carry out the purposes of this
Part. In addition to the rights, powers, and duties granted under this Part, the assistant
secretary shall exercise relative to this Part all of the rights, powers, and duties granted under
R.S. 30:501 et seq.; however, the provisions of R.S. 30:544 shall not apply to this Part.

*Added by Acts 1979, No. 535, §1. Amended by Acts 1981, No. 754, §2; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.*

##### **§ 40:1895** Proposed orders, rules, or regulations {#sec-40-1895 omnilex-key=us-la-statutes--rs-title-40--40:1895}

All orders, rules, or regulations under the provisions of this Part shall
be adopted and published in accordance with the provisions of the
Administrative Procedure Act, R.S. 49:950 et seq.

*Amended by Acts 1981, No. 754, §2.*

##### **§ 40:1896** Violation, penalties {#sec-40-1896 omnilex-key=us-la-statutes--rs-title-40--40:1896}

A. Any person who shall be determined by the assistant secretary, after notice and an opportunity for a hearing, to have violated any provision of this Part or any rule, regulation, or order promulgated or issued under this Part shall be liable to the office of conservation for a civil penalty not to exceed ten thousand dollars for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed five hundred thousand dollars for any related series of violations. The amount of the penalty shall be assessed by the assistant secretary by written notice. In determining the amount of the penalty, the assistant secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require.

B. The legal counsel employed or retained by the assistant secretary may recover the assessed civil penalty by bringing action against the person so assessed in the court having jurisdiction. The assistant secretary may compromise the civil penalty.

C. Any person who willfully and knowingly violates this Part or any rule, regulation, or order issued under this Part shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject for each offense to a fine of not more than twenty-five thousand dollars or imprisoned for not more than one year, or both, for each violation.

*Amended by Acts 1981, No. 754, §2; Acts 1990, No. 599, §3, eff. July 19, 1990.*

#### **PART II** ANHYDROUS AMMONIA

##### **§ 40:1911** Citation of Part {#sec-40-1911 omnilex-key=us-la-statutes--rs-title-40--40:1911}

This Part shall be known as the "Anhydrous Ammonia Law of Louisiana".

*Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1351.*

##### **§ 40:1912** Repealed by Acts 1972, No. 734, §10. {#sec-40-1912 omnilex-key=us-la-statutes--rs-title-40--40:1912}

*Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1352.*

##### **§ 40:1913** Definitions {#sec-40-1913 omnilex-key=us-la-statutes--rs-title-40--40:1913}

A. Anhydrous ammonia in this Part is defined as follows: Anhydrous ammonia contains 82% nitrogen. At atmospheric pressure ammonia is a gas. It exists as a liquid below 28 degrees Fahrenheit, and boils at this temperature. In commerce, ammonia is compressed to a liquid and stored under pressure. The gauge pressure is 75 pounds per square inch at 50 degrees Fahrenheit and 197 pounds per square inch at 100 degrees Fahrenheit. The pressures exerted by anhydrous ammonia are dangerous unless the proper safety devices are installed in the equipment and care is used in handling it.

B.(1) Dealers in anhydrous ammonia in this Part are persons who buy and sell or distribute, at wholesale or retail, anhydrous ammonia to any person, including agencies, political subdivisions, and municipalities of the state. The provisions of this Part shall not apply to manufacturers of anhydrous ammonia who sell anhydrous ammonia exclusively to other manufacturers of anhydrous ammonia and to dealers as defined in this Subsection, except as provided in R.S. 40:1915(B), relative to furnishing of bond.

(2) Dealers in anhydrous ammonia equipment in this Part are persons who buy and sell or distribute, at wholesale or retail, to users and consumers, including agencies, political subdivisions, and municipalities of the state, equipment used in the installation, storage, handling, utilization, and dispensing of anhydrous ammonia.

(3) Any person owning and maintaining storage facilities for anhydrous ammonia for his own use and accommodation, and for the use and accommodation of his tenant or sharecroppers to whom anhydrous ammonia is distributed without profit, is not to be classed as a dealer within the meaning and intent of this Part.

C. "Commission", as used in this Part, means the Liquefied Petroleum Gas Commission.

*Amended by Acts 1950, No. 182, §1; Acts 1952, No. 74, §3; Acts 1954, No. 526, §1; Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1353.*

##### **§ 40:1914** Powers and duties of commission {#sec-40-1914 omnilex-key=us-la-statutes--rs-title-40--40:1914}

A. The Liquefied Petroleum Gas Commission is vested with the authority to promulgate rules and regulations governing the storage, utilization, sale or transportation of anhydrous ammonia, the fabrication and installation of systems for the storage and utilization of anhydrous ammonia, and installation of all other anhydrous ammonia equipment as the commission may deem necessary in the interest of public safety. In drafting such regulations, the commission may adopt for its own, in substance, the regulations or standards published by the Compressed Gas Association, Inc. of New York and/or the National Board of Fire Underwriters, or any other such nationally recognized agency. The rules and regulations adopted by the commission relating to the design or construction of anhydrous ammonia containers shall be in reasonable and substantial conformity with the American Society of Mechanical Engineers Code for Construction of Unfired Pressure Vessels and subsequent amendments, revisions, or modifications thereto. Such regulations shall not be extended to the manufacturers of anhydrous ammonia with respect to their operations and equipment on their plant site only, or the manufacturer of products of which anhydrous ammonia forms a component part, or the installation or storage or delivery of such gases within the plant site of any such manufacturer.

B. The Liquefied Petroleum Gas Commission is vested with the duty of administering and enforcing the provisions of this Part and the rules and regulations adopted by the commission, to employ all necessary personnel or inspectors to enforce this law and the rules and regulations adopted by the commission, and such inspectors shall have the authority to enter the premises of all manufacturers of anhydrous ammonia equipment, dealers in anhydrous ammonia and equipment, and farmers for inspection purposes from time to time as the commission deems necessary or advisable in enforcing the provisions of this law and the rules and regulations of the commission.

C. The commission shall have the right to injunctive relief to prevent the continuing violation of, or failure to comply with the law or any of the rules and regulations of the commission. Any suits for injunctive relief shall be filed in the parish in which such violations occur or in the parish in which the violator is domiciled or has his principal place of business.

*Amended by Acts 1950, No. 182, §2; Acts 1952, No. 74, §4; Acts 1964, No. 412, §1; Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1354.*

##### **§ 40:1915** Restrictions on sale of anhydrous ammonia; permit; bond; insurance {#sec-40-1915 omnilex-key=us-la-statutes--rs-title-40--40:1915}

A. No person shall engage in business as a dealer in anhydrous ammonia or as a
dealer in equipment used in the handling of anhydrous ammonia, as herein defined in R.S.
40:1913(B)(1), within the state of Louisiana, without first having obtained a permit from the
Liquefied Petroleum Gas Commission. This permit shall be issued only after the proper
written application has been completed and filed, fees paid to the commission, and after all
other requirements for such dealers have been complied with by the applicant.

B.(1) Dealers shall inspect their customers' tanks and receptacles annually. A report
showing proof of inspection shall be mailed to the office of the director of the Liquefied
Petroleum Gas Commission by the twentieth of the month following inspection. Each
inspection shall be good for one year only.

(2) Every storage container inspected pursuant to this Subsection shall be tagged by
a dealer. Inspection stickers are to be obtained from the Liquefied Petroleum Gas
Commission on an annual basis.

C. Before engaging in business as a dealer, the applicant shall satisfy the commission
that he is financially responsible. This provision as to financial responsibility will be
complied with by filing with the commission evidence that the applicant has applied for
insurance, and that his application has been approved, on standard contract forms, and a
policy is to be issued by an insurance company licensed to do business in the state in such
kind and for such limits as may be prescribed by the commission.

D. Repealed by Acts 1993, No. 586, §2.

*Amended by Acts 1950, No. 182, §§3, 4; Acts 1952, No. 74, §5; Acts 1958, No. 197, §1; Acts 1982, No. 124, §1, eff. Jan. 1, 1983; Acts 1990, No. 247, §1; Acts 1993, No. 586, §2; Acts 2005, No. 494, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1355.*

##### **§ 40:1916** Permit fee; transport registration; personnel qualifications fee {#sec-40-1916 omnilex-key=us-la-statutes--rs-title-40--40:1916}

A. Every dealer shall annually, on or before the first day of the second month following the end of the permit period, pay to the Liquefied Petroleum Gas Commission a permit renewal fee which shall consist of a basic fee of three hundred dollars or a percentage fee of one-half of one percent of the gross annual sales of anhydrous ammonia during the preceding permit year, whichever is greater. A manufacturer of anhydrous ammonia, who is also a dealer within the meaning of this Part, shall not include within the term "gross sales" for the purpose of computing the permit fee as a dealer, those sales of anhydrous ammonia made by such manufacturer to other manufacturers of anhydrous ammonia. No permit nor any renewal thereof shall be issued by the commission except upon the payment of such fee.

B. Any person commencing business as a dealer shall pay the basic permit fee as provided for in this Section, which shall be valid for one calendar year from the date of issue, and shall be renewed annually thereafter as provided in Subsection A of this Section.

C. No tanker truck with a water capacity of one thousand gallons or more shall be used to transport anhydrous ammonia in Louisiana until it has been registered with the Liquefied Petroleum Gas Commission and an annual registration fee of fifty dollars has been paid to the Liquefied Petroleum Gas Commission. Upon payment of the fee, the commission shall issue a registration decal valid for the year of issuance. This registration decal shall be permanently affixed to the truck in a prominent location as provided by the regulations which the commission shall adopt. No dealer shall deliver any anhydrous ammonia from any transport motor vehicle to which a current registration decal is not permanently affixed.

D.(1) All service and installation personnel, fuel personnel, and tank truck drivers employed by a dealer shall have successfully completed the personnel competency test administered by the commission and shall possess a current personnel competency card, which must be renewed annually. Each applicant to take the personnel competency test shall pay to the Liquefied Petroleum Gas Commission a personnel qualification fee of twenty dollars, the payment of which shall entitle him to take the test one time and, upon receipt of a satisfactory score, shall entitle him to a personnel competency card valid for the year in which it is issued. To renew his personnel competency card, each applicant shall pay an annual renewal fee of ten dollars to the Liquefied Petroleum Gas Commission.

(2) The commission may adopt rules to provide agreements with other states regarding examination requirements and accept as their own results the results of the reciprocal state's examination. The commission shall ensure that the reciprocal state's examination contains substantially equivalent requirements. Each participating state in any such reciprocal agreement shall retain its own fee structure regarding examinations and other applicable fees.

E. The Liquefied Petroleum Gas Commission is hereby granted the authority and power to formulate and enforce necessary rules and regulations for the collection of said fees and shall remit all fees collected to the state treasury as provided for in Article VII, Section 9(A) of the Constitution of Louisiana.

F. The Liquefied Petroleum Gas Commission shall use any increase in total fees from truck registrations, competency tests, and competency card renewals provided for in Subsections C and D herein, from Fiscal Year 1999 to Fiscal Year 2000, to reduce the liquefied petroleum gas permit fees authorized by R.S. 40:1849(A). The Liquefied Petroleum Gas Commission shall, prior to January 1, 2000, promulgate rules to this effect. The reduction in liquefied petroleum gas permit fees shall be in an amount equal to or exceeding the increase in such truck registration, competency test, and competency card fees provided for in Subsections C and D herein. The actual 1998-1999 fiscal year sales dollars for permit fee calculations, number of truck registrations, number of competency tests given, and number of competency cards renewed, as provided in this Section, shall be used in calculating the reduction in permit fees. The reduction in permit fees and the increase in truck registration fees, competency test fees, and competency card renewal fees set forth in this Section shall become effective on January 1, 2000.

*Amended by Acts 1950, No. 182, §5; Acts 1952, No. 74, §6; Acts 1954, No. 526, §1; Acts 1982, No. 124, §1, eff. Jan. 1, 1983; Acts 1985, No. 795, §1, eff. July 22, 1985; Acts 1990, No. 247, §1; Acts 1993, No. 586, §1; Acts 1999, No. 585, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1356.*

##### **§ 40:1917** Penalty {#sec-40-1917 omnilex-key=us-la-statutes--rs-title-40--40:1917}

Whoever violates a provision of this Part shall be fined not less than one hundred nor more than one thousand dollars.

*Acts 1993, No. 586, §1; Acts 1999, No. 585, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1357.*

### **CHAPTER 11** STATE DEPARTMENT OF HEALTH

#### **PART I** ORGANIZATION AND POWERS

##### **§ 40:2001** Repealed by Acts 2022, No. 252, §3. {#sec-40-2001 omnilex-key=us-la-statutes--rs-title-40--40:2001}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2002** University Medical Center {#sec-40-2002 omnilex-key=us-la-statutes--rs-title-40--40:2002}

A. The state operated general hospital located in Lafayette, Louisiana, which replaced and is the successor to Southwest Charity Hospital in Lafayette, also formerly known as Lafayette Charity Hospital, is hereby designated and shall hereafter be known as University Medical Center.

B. The cancer research and treatment program at the University Medical Center is hereby designated and shall hereafter be known as the Dr. Karuna Kukreja Memorial Cancer Program.

*Acts 1991, No. 596, §1.*

##### **§ 40:2002.1** Lallie Kemp Regional Medical Center {#sec-40-2002.1 omnilex-key=us-la-statutes--rs-title-40--40:2002.1}

The state operated general hospital located in Independence, Louisiana, heretofore known as Lallie Kemp Charity Hospital, is hereby designated and shall hereafter be known as Lallie Kemp Regional Medical Center.

*Acts 1987, No. 43, §2.*

##### **§ 40:2002.2** Washington-St. Tammany Regional Medical Center {#sec-40-2002.2 omnilex-key=us-la-statutes--rs-title-40--40:2002.2}

The state operated general hospital located in Bogalusa, Louisiana, heretofore known as Washington-St. Tammany Charity Hospital, is hereby designated and shall hereafter be known as Washington-St. Tammany Regional Medical Center.

*Acts 1987, No. 43, §2.*

##### **§ 40:2002.3** Huey P. Long Medical Center {#sec-40-2002.3 omnilex-key=us-la-statutes--rs-title-40--40:2002.3}

The state operated general hospital located in Pineville, Louisiana, heretofore known as Huey P. Long Charity Hospital, is hereby designated and shall hereafter be known as Huey P. Long Medical Center.

*Acts 1987, No. 43, §2.*

##### **§ 40:2002.4** Villa Feliciana Medical Complex {#sec-40-2002.4 omnilex-key=us-la-statutes--rs-title-40--40:2002.4}

The state operated hospital located in Jackson, Louisiana, heretofore known as Villa Feliciana Geriatric Hospital, is hereby designated and shall hereafter be known as Villa Feliciana Medical Complex.

*Acts 1987, No. 617, §2; Acts 1997, No. 641, §3.*

##### **§ 40:2002.5** Charity Hospital and Medical Center of Louisiana at New Orleans {#sec-40-2002.5 omnilex-key=us-la-statutes--rs-title-40--40:2002.5}

The state-operated general hospital located in New Orleans, Louisiana, heretofore known as Medical Center of Louisiana at New Orleans, is hereby designated and shall be hereafter known as Charity Hospital and Medical Center of Louisiana at New Orleans.

*Acts 1991, No. 390, §3, eff. July 8, 1991; Acts 1992, No. 785, §1.*

##### **§ 40:2002.6** Earl K. Long Medical Center {#sec-40-2002.6 omnilex-key=us-la-statutes--rs-title-40--40:2002.6}

The state operated general hospital located in Baton Rouge, Louisiana, heretofore known as Earl K. Long Memorial Hospital, is hereby designated and shall be hereafter known as Earl K. Long Medical Center.

*Acts 1991, No. 390, §3, eff. July 8, 1991.*

##### **§ 40:2002.7** E. A. Conway Medical Center {#sec-40-2002.7 omnilex-key=us-la-statutes--rs-title-40--40:2002.7}

The state operated general hospital located in Monroe, Louisiana heretofore known as E. A. Conway Memorial Hospital, is hereby designated and shall be hereafter known as E. A. Conway Medical Center.

*Acts 1991, No. 390, §3, eff. July 8, 1991.*

##### **§ 40:2003** §§2003, 2004 [Blank] {#sec-40-2003 omnilex-key=us-la-statutes--rs-title-40--40:2003}

##### **§ 40:2004.1** Repealed by Acts 1977, No. 680, §1 {#sec-40-2004.1 omnilex-key=us-la-statutes--rs-title-40--40:2004.1}

*Repealed by Acts 1977, No. 680, §1*

##### **§ 40:2004.2** Contract for sewer service for Central Louisiana State Hospital {#sec-40-2004.2 omnilex-key=us-la-statutes--rs-title-40--40:2004.2}

The Louisiana Department of Health is authorized to enter into a
contract with the city of Pineville for sewerage services to be furnished by the
city of Pineville to the Central Louisiana State Hospital. In consideration of
the expenditures made by the city of Pineville in providing said sewerage
services, the Louisiana Department of Health may agree to pay a minimum
charge of three thousand three hundred thirty-three dollars per month for one
hundred twenty months to the city of Pineville.

*Added by Acts 1969, No. 98, §1. Amended by Acts 1977, No. 680, §2.*

##### **§ 40:2005** Hospital visitation {#sec-40-2005 omnilex-key=us-la-statutes--rs-title-40--40:2005}

A. Any person eighteen years or older may designate those individuals who will not be denied access to visit him during any stay in any hospital, nursing home, or other health care facility within the state of Louisiana.

B. Nothing contained herein shall prohibit hospitals, nursing homes, or other health care facilities from restricting visits to standard designated hours, from restricting visits as the patient's medical condition may require, or from enforcing an injunction barring an individual from entering the premises.

*Acts 1995, No. 1200, §1, eff. June 29, 1995.*

##### **§ 40:2005.1** Visitation by members of clergy during a declared public health emergency {#sec-40-2005.1 omnilex-key=us-la-statutes--rs-title-40--40:2005.1}

A. The legislature declares that the purpose of this Section is to protect the religious
liberty of each patient or resident and to protect inpatient health care facilities from costly
lawsuits and administrative complaints on the basis of religious discrimination by affording
patient or resident access to members of the clergy provided that those members of the clergy
enter the inpatient health care facility on a voluntary basis and comply with the safety
requirements of the facility in order to visit and minister to the patient or resident.

B.(1) The Louisiana Department of Health shall promulgate rules, pursuant to the
Administrative Procedure Act, to require inpatient health care facilities to allow members
of the clergy to visit patients or residents during a public health emergency whenever a
patient or resident requests such a visit. Special consideration shall be given to patients or
residents receiving end-of-life care.

(2)(a) The rules shall include but not be limited to definitions, minimum
requirements including the right to consensual nonsexual physical contact such as
hand-holding or hugging, and provisions to protect the health, safety, and welfare of the
patients or residents and the staff of the inpatient healthcare facility. However, the rules may
not require visitors to submit proof of any vaccination or immunization.

(b) The rules shall allow inpatient health care facilities to adopt reasonable time,
place, and manner restrictions on patient or resident visitation that are implemented for the
purpose of mitigating the possibility of transmission of any infectious agent or disease or to
address the medical condition or clinical considerations of an individual patient.

(3) The rules promulgated pursuant to this Section shall be preempted by any federal
statute, federal regulation, or guidance from a federal government agency that requires an
inpatient health care facility to restrict patient visitation in a manner that is more restrictive
than the rules adopted by the Louisiana Department of Health pursuant to this Section.

C. For purposes of this Section, the following definitions shall apply:

(1) "Inpatient health care facilities"means all of the following:

(a) A hospital licensed pursuant to Part II of Chapter 11 of Title 40 of the Louisiana
Revised Statutes of 1950 but shall not include a licensed hospital that is designated as a
forensic facility.

(b) A nursing home, as defined in R.S. 40:2009.2.

(c) An adult residential care home, as defined in R.S. 40:2166.3, including but not
limited to assisted living facilities.

(2) "Patient or resident" means the patient or resident of the inpatient health care
facility or the legal or designated representative of the patient or resident.

(3) "Public health emergency" means a state of public health emergency that is
declared pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.

*Acts 2020, 2nd Ex. Sess., No. 30, §2, eff. Oct. 28, 2020; Acts 2023, No. 367, §1.*

##### **§ 40:2006** Fees; licenses; penalties {#sec-40-2006 omnilex-key=us-la-statutes--rs-title-40--40:2006}

A.(1) Any person, partnership, corporation, unincorporated association, or other legal
entity, currently operating or planning to operate any of the facilities listed in this Subsection
shall be assessed a fee not to exceed six hundred dollars, payable to the Louisiana
Department of Health, at the time an application is made to the department, and once a year
thereafter for renewal of the license. This fee is for application and renewal of a license only,
and is in addition to any other fees that may be assessed according to the laws, rules,
regulations, and standards that are applicable to the individual facilities.

(2) This Subsection shall apply to any licensed:

(a) Adult day health care facility.

(b) Behavioral health services provider.

(c) Ambulatory surgery center.

(d) Case management provider.

(e) Urine drug screening provider.

(f) Home health agency.

(g) Hospice.

(h) Hospital.

(i) Nursing home.

(j) Rural health clinic.

(k) Intermediate care facility for people with developmental disabilities (ICF/DD).

(l) End stage renal disease facility.

(m) Outpatient abortion facility.

(n) Psychiatric residential treatment facility.

(o) Children's respite care center.

(p) Repealed by Acts 2005, No. 483, §2, eff. July 12, 2005.

(q) Pediatric day health care facility.

NOTE: The implementation of Subparagraph (A)(2)(r), as enacted by Acts
2017, No. 417, §1, shall only become effective in the event a specific
appropriation by the legislature is made for such purposes and the program
receives approval by the Centers for Medicare and Medicaid Services. See
Acts 2017, No. 417, §2.

(r) Community-based care facility.

(s) Free-standing birth center.

B.(1) Any person, partnership, corporation, unincorporated association, or other legal
entity currently operating or planning to operate any of the facilities listed in this Subsection
shall be assessed an additional application and renewal fee not to exceed five dollars per unit,
payable to the Louisiana Department of Health, at the time the application or application for
renewal of the license required in Subsection A of this Section is made, where applicable.
For purposes of this Subsection, "unit" means a room or station.

(2) This Subsection shall apply to any licensed:

(a) Hospice.

(b) Hospital.

(c) Nursing home.

(d) Intermediate care facility for people with developmental disabilities (ICF/DD).

(e) Behavioral health services provider.

(f) Psychiatric residential treatment facility.

(g) Children's respite care center.

(h) End stage renal disease facility.

NOTE: The implementation of Subparagraph (B)(2)(i), as enacted by Acts
2017, No. 417, §1, shall only become effective in the event a specific
appropriation by the legislature is made for such purposes and the program
receives approval by the Centers for Medicare and Medicaid Services. See
Acts 2017, No. 417, §2.

(i) Community-based care facility.

(j) Free-standing birth center.

C. Any person, partnership, corporation, unincorporated association, or other legal
entity currently operating or planning to operate a satellite, branch, or offsite office, as
permitted in the laws, rules, regulations, and standards that are applicable to the individual
facilities and are licensed or registered by the Louisiana Department of Health shall be
assessed a fee not to exceed three hundred dollars per subsidiary license or registration,
payable to the Louisiana Department of Health. This fee shall be assessed at the time
application is made for the satellite, branch, or offsite office, and once a year thereafter for
renewal of the subsidiary license or registration. This fee is for application and renewal of
a subsidiary license or registration only, and is in addition to any other fees that may be
assessed according to the laws, rules, regulations, and standards that are applicable to the
individual facilities.

D. The fees authorized and charged to any category of provider as provided in
Subsections A, B, and C of this Section shall not exceed the estimated costs of providing the
services to such specified category of provider.

E.(1) Any person, partnership, corporation, unincorporated association, or other legal
entity, currently operating or planning to operate any of the facilities listed in this Subsection,
and who is licensed by the Louisiana Department of Health shall be assessed a delinquent
fee of one hundred dollars for failure to timely renew its license and/or any subsidiary license
or registration. This fee shall be in addition to any renewal or other fee applicable according
to the laws, rules, regulations, and standards that are applicable to the individual facilities.
The delinquent fee described in this Subsection shall be assessed and shall become due and
payable to the Louisiana Department of Health at 12:01 a.m. on the first day following the
expiration date of the license or subsidiary license or registration.

(2) This Subsection shall apply to any licensed:

(a) Adult day health care facility.

(b) Behavioral health services provider.

(c) Ambulatory surgery center.

(d) Case management provider.

(e) Urine drug screening provider.

(f) Home health agency.

(g) Hospice.

(h) Hospital.

(i) Nursing home.

(j) Intermediate care facility for people with developmental disabilities (ICF/DD).

(k) End stage renal disease facility.

(l) Outpatient abortion facility.

(m) Rural health clinic.

(n) Psychiatric residential treatment facility.

(o) Children's respite care center.

(p) Pediatric day health care facility.

(q) Home- and community-based service provider.

(r) Adult brain injury facility.

(s) Pain management clinic.

NOTE: The implementation of Subparagraph (E)(2)(t), as enacted by Acts
2017, No. 417, §1, shall only become effective in the event a specific
appropriation by the legislature is made for such purposes and the program
receives approval by the Centers for Medicare and Medicaid Services. See
Acts 2017, No. 417, §2.

(t) Community-based care facility.

(u) Free-standing birth center.

(v)-(w) Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

*Acts 1997, No. 1384, §1, eff. July 1, 1997; Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2001, No. 391, §1; Acts 2004, No. 332, §1, eff. June 18, 2004; Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2005, No. 483, §§1, 2, eff. July 12, 2005; Acts 2006, No. 163, §2; Acts 2006, No. 215, §1, eff. June 2, 2006; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2013, No. 308, §3, eff. Sept. 20, 2015; Acts 2017, No. 417, §1; Acts 2019, No. 332, §1, eff. June 11, 2019.*

##### **§ 40:2006.1** Fees for Medicare surveys {#sec-40-2006.1 omnilex-key=us-la-statutes--rs-title-40--40:2006.1}

A. As used in this Section, the terms below shall mean the following:

(1) "CMS" means the Centers for Medicare and Medicaid Services or any successor
agency within the United States Department of Health and Human Services charged with
administering the Medicare program.

(2) "Initial Medicare survey" means the site visit conducted by the state survey
department for the purpose of gathering information on a health care provider's level of
compliance with Medicare participation and other federal regulatory requirements. A survey
is considered an initial Medicare survey if the survey is required in order for a health care
provider to receive Medicare program payment for the first time as a type or class of health
care provider or in order to receive Medicare reimbursement under a special Medicare
payment methodology. The fact that a health care provider may avoid a survey by obtaining
accreditation from a national accrediting body shall not affect a survey's status as an initial
Medicare survey.

(3) "State survey budget" means the dollar amount that CMS will pay the state
survey department in order to perform its functions as the state survey department during a
federal fiscal year.

(4) "State survey department" means the Louisiana Department of Health or its
successor.

B. If the state survey department determines that the state survey budget is
insufficient to perform all of the initial Medicare surveys it has been requested to perform
for the federal fiscal year, or the state survey department has not received final budget
appropriation for the state survey budget, the state survey department shall, upon the consent
of the party requesting an initial Medicare survey, assess a fee for the initial Medicare survey.
The fee shall be commensurate with the cost of performing the initial Medicare survey and
shall range from five hundred fifty dollars to two thousand three hundred dollars based upon
the provider type for which the initial Medicare survey is requested. Upon approval by the
Centers for Medicare and Medicaid Services, and upon execution of a written agreement to
pay the fee by the party requesting the initial Medicare survey and the state survey
department, the state survey department shall schedule and conduct the initial Medicare
survey. Upon determination that the final state survey budget appropriation is insufficient
to conduct the requested initial Medicare survey, the state survey department shall transmit
an invoice to the party that requested the initial Medicare survey. The invoiced amount shall
be the fee agreed upon by the state survey department and the party that requested the initial
Medicare survey. The party that requested the initial survey shall pay the invoice no later
than June thirtieth of the state fiscal year in which the initial Medicare survey was performed.

C. If the state survey department determines that the state survey budget is
insufficient to perform all of the initial Medicare surveys it has been requested to perform
during the federal fiscal year or the state survey department has not received final budget
appropriation for the state survey budget, the state survey department shall give priority to
all initial Medicare surveys requested by a rural hospital as defined in the Rural Hospital
Preservation Act. The order of initial Medicare surveys shall be determined on the basis of
the order in which parties requesting initial Medicare surveys complete the application
process.

D. Upon receipt of an application for a license from any person, partnership,
corporation, unincorporated association, or any other legal entity that has made a request for
an initial Medicare survey, under the circumstances in Subsection B of this Section, the state
survey department shall make a determination of whether it has sufficient state funds to
conduct an initial state licensure survey. In the event that the state survey department
determines that it lacks sufficient state funds, upon the consent of the party requesting the
initial state licensure survey, the state survey department shall assess a fee to defray the costs
associated with such initial state licensure survey. The fee shall be commensurate with the
cost of performing the initial state licensure survey and shall range from six hundred dollars
to two thousand six hundred fifty dollars based upon the provider type for which the initial
state licensure survey is requested. Upon payment of the fee by the party requesting the
initial state licensure survey, the state survey department shall schedule and conduct the
initial state licensure survey.

*Acts 2004, No. 558, §1, eff. June 25, 2004; Acts 2008, No. 330, §1, eff. June 17, 2008.*

##### **§ 40:2006.2** Expedited licensing process; fees {#sec-40-2006.2 omnilex-key=us-la-statutes--rs-title-40--40:2006.2}

A. The Louisiana Department of Health, referred to hereafter in this Section as the
"department", is hereby authorized to establish an expedited licensing process for healthcare
facilities and providers that the department licenses.

B. The department shall promulgate, in accordance with the Administrative
Procedure Act, any such rules as are necessary to provide for the expedited licensing process
authorized by this Section.

C. The fees for the expedited licensing process shall be assessed in an amount not
to exceed seven thousand five hundred dollars and shall be payable to the department at the
time an expedited licensing application is submitted to the department by a healthcare facility
or provider.

D.(1) After the department receives and approves the completed expedited licensing
application packet, the department shall notify the applicant to provide a readiness date for
the expedited survey. The department shall conduct the expedited licensing survey within
ten working days of the readiness date indicated by the facility or provider and in accordance
with applicable rules of the department.

(2) The department shall refund the expedited licensing fee if the expedited licensing
survey is not conducted within the time period specified in this Section, unless such failure
to conduct the survey is due to the unavailability of the facility or provider.

(3) The department shall not utilize existing employees who conduct regular
licensing surveys to conduct any expedited licensing survey.

E. The department shall ensure that no facility or provider seeking approval to apply
for licensure pursuant to a pre-licensing facility need review process provided for in this
Chapter is affected by another provider of the same license type choosing the expedited
licensing process instead of the regular licensing process.

*Acts 2018, No. 324, §1, eff. May 15, 2018.*

##### **§ 40:2007** Health care providers; requirement of physical separation {#sec-40-2007 omnilex-key=us-la-statutes--rs-title-40--40:2007}

A. For purposes of this Section:

(1) "Appropriate signage" means a display, device, or inscription which
is located upon, attached to, or painted on the entrance to the health care
provider indicating the legal or trade name and address of the health care
provider occupying that building, premises, or physical location.

(2) "Clearly delineated and cognizable boundary" means a separate
building or premises or, if within the same building, premises, or physical
location of another health care provider, a separate floor within a building; a
common wall from floor to ceiling; or a hallway or intersection within the
building.

(3) "Department" means the Louisiana Department of Health.

(4) "Health care provider" means a facility, entity, or operation, in any
form whatsoever, that is required to be separately licensed, apart from the
license required of physicians or board-certified social workers in private
practice, or that must enter into a Medicaid provider agreement with the
department before providing the medical services for which it was organized.
The definition of "health care provider" includes but is in no way limited to
inpatient hospitals, nursing homes, home health agencies, and ambulatory
surgical centers.

B. Any health care provider, including any branches or off-site campus
thereof, shall be physically separated from other health care providers by a
clearly delineated and cognizable boundary. Any such health care provider
shall also be clearly identifiable and distinguishable by appropriate signage
from any other health care provider.

C. If more than one health care provider occupies the same building,
premises, or physical location, all treatment facilities and administrative
offices of one health care provider shall be clearly separated from any
treatment facilities or administrative offices of any other health care provider
located in and/or on the same building, premises, or physical location by a
clearly delineated and cognizable boundary. Treatment facilities shall include
but not be limited to consumer beds, wings, and operating rooms.
Administrative offices shall include but not be limited to records rooms and
personnel offices.

D. If more than one health care provider occupies the same building,
premises, or physical location, each such health care provider shall have its
own entrance. This separate entrance shall have appropriate signage and shall
be clearly identifiable as belonging to one health care provider. Nothing in
this Section shall prohibit a health care provider occupying the same building,
premises, or physical location as another health care provider from utilizing the
entrance, hallways, stairs, elevators, or escalators of another health care
provider to provide access to its separate entrance.

E. Except as provided in Subsection F of this Section, the provisions
of this Section shall not apply to any health care provider licensed by the
department or having a Medicaid provider agreement, on August 15, 1997,
until the occurrence of one of the following:

(1) The termination, revocation, or both of the license applicable to the
health care provider for reasons other than as set forth in Subsection H of this
Section.

(2) The termination, revocation, or both of the Louisiana Medicaid
provider agreement to which the provider is a party, in cases where licensure
of the particular provider by the department secretary is not required or
provided. This provision shall not apply to situations in which a Louisiana
Medicaid provider agreement is terminated solely because of the change of
ownership of a health care provider.

(3) A change in location of the health care provider to a new building
or premises.

F. The provisions of this Section shall apply to any branch or off-site
campus of a health care provider otherwise exempt under the provisions of
Subsection E of this Section when such branch or off-site campus is opened
after August 15, 1997, except under any one or more of the following
circumstances:

(1) A construction contract for the construction of a branch or off-site
campus of a health care provider is signed on or before August 15, 1997.

(2) A contract for renovations to a branch or off-site campus of a health
care provider is signed on or before August 15, 1997.

(3) A contract to lease a branch or off-site campus of a health care
provider is signed on or before August 15, 1997.

G.(1) The provisions of this Section shall not apply to the activities of
any physician in the operation of the physician's office practice so long as the
physician's office practice is not separately licensed, apart from the license of
the physician himself, or operating as a health care provider as defined in this
Section.

(2) Nothing in this Section shall be construed to:

(a) Prohibit the location of an adult day health care center in the same
building, premises, or physical location as a nursing home.

(b) Prohibit a hospital, as defined in the applicable hospital licensing
standards or statutes, from leasing beds to Louisiana State University or the
Louisiana Health Care Authority.

(c) Prohibit a health care provider from occupying or sharing premises,
facilities, treatment areas, or administrative areas, whether contiguous or not,
with another entity, provided the health care provider and the entity are
recognized as related parties by the United States Department of Health and
Human Services, Health Care Financing Administration, or its successors,
under Medicare regulations at 42 CFR 413.17. Any adverse action taken by
the department against any entity or health care provider occupying or sharing
premises, facilities, treatment areas, or administrative areas, whether
contiguous or not, with another entity or health care provider may apply to
each entity or health care provider if the health care providers or entities are
recognized as related parties by the United States Department of Health and
Human Services, Health Care Financing Administration, or its successors,
under Medicare regulations at 42 CFR 413.17.

H. The department may refuse to issue a license or to enter into a
Medicaid provider agreement with, initiate procedures to terminate an existing
Medicaid provider agreement of, or initiate procedures to revoke the license
of any health care provider as defined in this Section that the licensing agency
determines is not in full compliance with the requirements of this Section in
accordance with the procedures established by the statutes, laws, rules, and/or
regulations applicable to the specific health care provider involved.

I. The provisions and requirements of this Section are in addition to
and not to the exclusion of any other statutes, laws, rules, and/or regulations,
which also may be applicable to health care providers as defined in this
Section, or which may govern the conditions for licensure, the conditions for
entering into a Medicaid provider agreement, or the conditions for general
operation applicable to the specific types of health care providers as defined
herein.

J. The secretary of the department shall have the authority to
promulgate rules and regulations, in accordance with the Administrative
Procedure Act, in order to enforce and insure compliance with the
requirements of this Section.

*Acts 1997, No. 636, §1.*

##### **§ 40:2007.1** Interruption of provision of health care services; executive order or proclamation of emergency or disaster; licensing {#sec-40-2007.1 omnilex-key=us-la-statutes--rs-title-40--40:2007.1}

A.(1) The provisions of this Section shall apply to any person, partnership,
corporation, unincorporated association, or other legal entity who, at the time of an executive
order or proclamation of emergency or disaster issued in accordance with R.S. 29:724, is
operating a licensed health care facility, as listed below, in an area or areas which have been
affected by such executive order or proclamation. This Section shall apply to any licensed:

(a) Adult day health care facility.

(b) Substance abuse/addiction treatment facility.

(c) Ambulatory surgery center.

(d) Case management provider.

(e) Home health agency.

(f) Hospice.

(g) Hospital.

(h) Nursing home.

(i) Rural health clinic.

(j) Intermediate care facility for people with developmental disabilities (ICF/DD).

(k) End stage renal disease facility.

(2) All licensed health care providers operating in an area or areas which have been
affected by an executive order or proclamation of emergency or disaster who seek the
protection of the provisions of this Section, shall meet the following criteria:

(a) The health care provider shall notify in writing the health standards section of the
Louisiana Department of Health that the provider has experienced an interruption in the
provision of services as a result of events that are the subject of such executive order or
proclamation of emergency or disaster issued in accordance with R.S. 29:724. Such notice
shall be received no later than December 31, 2005.

(b) The health care provider shall notify in writing the health standards section of the
Louisiana Department of Health that the provider intends to resume operating a health care
facility.

(c) The provider shall resume operating as a health care facility no later than January
1, 2008. Extensions may be granted by the Louisiana Department of Health for good cause,
including but not limited to delays in construction beyond the provider's control.

(3)(a) Notwithstanding the provisions of Paragraph (2) of this Subsection, any
nursing home provider located in a parish with a population between sixty-five thousand and
seventy thousand according to the latest federal decennial census, which parish was affected
by Hurricane Katrina or Rita, who ceased operations solely because of the damage
occasioned by the events which were the subject of an order or proclamation of emergency
or disaster issued pursuant to R.S. 29:724 and who failed to notify the health standards
section of the Louisiana Department of Health in writing by December 31, 2005, of the
interruption in services and the intent to resume operation, shall be allowed to request
reinstatement of the pre-storm license for the sole purpose of rebuilding or replacing the
nursing home, upon meeting the following conditions:

(i) The nursing home provider shall submit the license reinstatement request to the
health standards section of the Louisiana Department of Health in writing by December 31,
2008.

(ii) The license reinstatement request shall state the provider's intent to rebuild the
nursing home and resume providing nursing home services in that parish.

(iii) The nursing home provider shall resume operation as a nursing home provider
in that parish no later than January 1, 2010. Extensions of time may be granted by the
Louisiana Department of Health for good cause.

(iv) The nursing home provider shall submit all fees, costs, and cost reports due and
owing to the Louisiana Department of Health.

(b) Upon completion of such rebuilding construction, the nursing home provider
shall meet all criteria required to remain licensed as a nursing home.

(c) No change of ownership in the nursing home provider shall occur until such
nursing home has completed construction and has resumed operations as a nursing home
provider.

(d) The provisions of this Subsection shall not apply to a nursing home provider who
has voluntarily surrendered its license and ceased operations.

B.(1) No licensed health care facility that experiences an interruption in the provision
of services as a result of events that are the subject of an executive order or proclamation of
emergency or disaster shall be deemed by the Louisiana Department of Health to have
voluntarily surrendered its license solely as a result of such interruption of services.

(2) The interruption of the provision of health care services by a licensed health care
facility as a result of events that are the subject of an executive order or proclamation of
emergency or disaster shall not constitute the sole cause for the Louisiana Department of
Health to terminate or revoke such license.

C. Nothing in this Section shall prohibit the Louisiana Department of Health from
inspecting a health care facility prior to the re-establishment of the provision of health care
services whether at a temporary or permanent location.

D.(1) The Louisiana Department of Health shall license, as of the date services
commence, any outpatient off-campus facility of a licensed hospital, if the need for the off-campus facility was occasioned by an event which is the subject of an executive order or
proclamation of emergency or disaster, issued in accordance with R.S. 29:724. In order to
qualify for licensure of such an off-campus facility, the licensed hospital shall, no later than
December 31, 2005, comply with the following:

(a) Notify the Louisiana Department of Health that it has commenced operations at
an outpatient off-campus facility, regardless of whether such off-campus facility is located
in an area that is the subject of the executive order or proclamation of emergency or disaster
issued in accordance with R.S. 29:724.

(b) Submit to the Louisiana Department of Health an attestation of regulatory
compliance specifying that, to the best of the hospital's knowledge, the outpatient off-campus
facility is in compliance with all regulatory requirements, including life and safety and public
health requirements, as of the date the off-campus facility commenced providing services.

(2) The Louisiana Department of Health shall not require any documentation from
a licensed hospital regarding an outpatient off-campus facility other than that listed in this
Subsection provided that nothing herein shall relieve the facility from complying with federal
regulations and requirements for approval from the Centers for Medicare and Medicaid
Services.

*Acts 2005, 1st Ex. Sess., No. 7, §1, eff. Nov. 23, 2005; Acts 2006, No. 163, §2; Acts 2008, No. 795, §1.*

##### **§ 40:2008** Out-of-state providers; prohibitions on licensure, survey {#sec-40-2008 omnilex-key=us-la-statutes--rs-title-40--40:2008}

A. For purposes of this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Health care provider" means a facility, entity, operation, or
individual, in any form whatsoever, that is required to be licensed by the
department before providing the medical services for which it was organized.

B. Except as provided in Paragraph F(1), the department shall not issue
a license to or complete a survey upon any health care provider not located
within the boundaries of the state. Any license or survey shall only apply to
activities and facilities within the boundaries of the state and shall not apply
to any branches, off-site campuses, main offices, or units located outside the
boundaries of the state.

C. For purposes of this Section, a health care provider shall be located
within the boundaries of the state only if the buildings, premises, or physical
structures which house its administrative or treatment facilities, or both, are
physically located within the boundaries of the state.

D. All emergency medical transportation services, including but not
limited to ambulances and air ambulance services, are expressly excluded from
the requirements and mandates of this Section.

E. The provisions, prohibitions, and requirements of this Section are
in addition to, and not to the exclusion of, any other statutes, laws, rules, or
regulations, or any combination thereof, which also may govern the conditions
for licensure or the conditions for general operation applicable to the specific
types of health care providers as defined herein.

F.(1) Except as provided in Paragraph (2) of this Subsection, the
provisions of this Section shall not apply to any health care provider licensed
by the department on August 15, 1997, until the occurrence of any one of the
following:

(a) A change of ownership of the health care provider.

(b) The termination, revocation, or both, of the applicable license of the
health care provider.

(c) A change in the location of the health care provider to a new
building, premises, or other change in physical location, including but not
limited to a change in address.

(d) December 31, 1998.

(2) The prohibitions and restrictions of this Section shall apply to any
new branch or off-site campus located outside of the boundaries of the state of
any health care provider licensed by the department on August 15, 1997.

G. The secretary of the Louisiana Department of Health may adopt
rules and regulations in accordance with the Administrative Procedure Act to
enforce and insure compliance with the provisions of this Section.

*Acts 1997, No. 1069, §1.*

##### **§ 40:2008.4** State agency for carrying out federal programs on alcoholism {#sec-40-2008.4 omnilex-key=us-la-statutes--rs-title-40--40:2008.4}

A. The state Department of Health shall be the sole agency in the state
of Louisiana for carrying out the purposes of any federal law dealing with the
treatment of alcoholism.

B. The state Department of Health is hereby authorized to participate
in any programs established by federal law for the treatment of alcoholism.

*Acts 1968, No. 235, §§1, 2. Amended by Acts 1977, No. 680, §4.*

##### **§ 40:2008.10** Therapeutic group homes licensed by the Louisiana Department of Health; state central registry of child abuse and neglect; criminal background checks {#sec-40-2008.10 omnilex-key=us-la-statutes--rs-title-40--40:2008.10}

A.(1)(a) The provisions of this Section shall apply to the following persons:

(i) Any person who owns, operates, or manages a licensed therapeutic group home.

(ii) Any person who has applied for a license to operate a therapeutic group home.

(iii) Any person who is employed by, is contracted by, volunteers at, or interns with
a therapeutic group home.

(iv) Any person who has applied to be employed or contracted by a therapeutic group
home.

(v) Any person who has applied to volunteer or intern with a therapeutic group home.

(b) This Section shall not apply to contractors and other individuals providing a
service at the therapeutic group home who are not employees, volunteers, interns, or
contracted members of the staff of the therapeutic group home, including but not limited to
plumbers, landscapers, or visiting resources.

(2) The Louisiana Department of Health shall request, consistent with the provisions
of R.S. 15:587.1.2, from the Bureau of Criminal Identification and Information, information
concerning whether or not any of the persons listed in Paragraph (1) of this Subsection has
been arrested for, convicted of, or pled nolo contendere to any criminal offense.

(3) The therapeutic group home shall request information from the Department of
Children and Family Services as to whether the individual's name is recorded on the state
central registry as a perpetrator for a substantiated finding of abuse or neglect of a child. (4) For any individual subject to these provisions that has lived in any other state
within the last five years, the Louisiana Department of Health shall request information from
the child abuse and neglect registry or repository of each of those states as to whether the
individual's name is recorded on that state's registry or repository.

(5) The Louisiana Department of Health may request any information necessary from
the therapeutic group home, any person subject to the provisions of this Section, or any other
appropriate agency, to ensure compliance with this Section.

(6) The Louisiana Department of Health shall require and provide for the submission
of a person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal
Identification and Information.

(7) The Louisiana Department of Health may charge a processing fee not to exceed
fifteen dollars, and may collect from the therapeutic group home the charges and processing
fees charged by the Bureau of Criminal Identification and Information for a state criminal
history report, the Federal Bureau of Investigation for a federal criminal history information
report, and any other state's registry or repository of abuse and neglect. The Louisiana
Department of Health shall timely submit the appropriate charges and processing fees to the
appropriate agencies.

B. The Louisiana Department of Health may adopt rules and regulations in
accordance with the Administrative Procedure Act to implement the provisions of this
Section, including requirements and provisions for utilizing the criminal history information.
The department may utilize the process provided in R.S. 49:962 for adoption of the rule.

*Acts 2019, No. 243, §2, eff. June 11, 2019; Acts 2020, No. 34, §1, eff. June 4, 2020; Acts 2021, No. 211, §10; Acts 2025, No. 409, §5.*

##### **§ 40:2009** Mandatory accreditation of facilities participating in the Medicaid Residential Treatment Option {#sec-40-2009 omnilex-key=us-la-statutes--rs-title-40--40:2009}

A. Any facility participating in the Medicaid Residential Treatment
Option, providing residential supports and services, shall be accredited by the
Joint Commission on the Accreditation of Health Care Organizations, the
Council on the Accreditation of Rehabilitation Facilities, or the Council on
Accreditation for Children and Family Services.

B. The Louisiana Department of Health may adopt rules and
regulations to administer and implement this Section.

C. Notwithstanding any law to the contrary, the Louisiana Department
of Health shall be the only agency responsible for licensing any facility
participating in the Medicaid Residential Treatment Option.

*Acts 2003, No. 304, §1.*

##### **§ 40:2009.1** Repealed by Acts 2022, No. 522, §2, eff. June 16, 2022. {#sec-40-2009.1 omnilex-key=us-la-statutes--rs-title-40--40:2009.1}

*Repealed by Acts 2022, No. 522, §2, eff. June 16, 2022.*

##### **§ 40:2009.2** Definitions {#sec-40-2009.2 omnilex-key=us-la-statutes--rs-title-40--40:2009.2}

For the purposes of R.S. 40:2009.1 through 2009.19, unless the context otherwise
requires:

(1) "Department" shall mean the Louisiana Department of Health.

(2) "Health care facility" means any provider of health services which is approved
to receive Medicaid payments or which is a licensed nursing home.

(3) "Nursing facility", "nursing home", or "home" means a private home, institution,
building, residence, or other place serving two or more persons who are not related by blood
or marriage to the operator, whether operated for profit or not, and including those places
operated by a political subdivision of the state of Louisiana, which undertakes, through its
ownership or management, to provide maintenance, personal care, or nursing for persons
who, by reason of illness, physical infirmity, or age, are unable to properly care for
themselves. The term does not include the following:

(a) A home, institution, or other place operated by the federal government or agency
thereof, or by the state of Louisiana.

(b) A hospital, sanitarium, or other institution whose principal activity or business
is the care and treatment of persons suffering from tuberculosis or from mental diseases.

(c) A hospital, sanitarium, or other medical institution whose principal activity or
business is the diagnosis, care, and treatment of human illness through the maintenance and
operation of organized facilities therefor.

(d) Any municipal, parish, or private child welfare agency, maternity hospital, or
lying-in home required by law to be licensed by some other department or agency.

(e) Any sanitarium or institution conducted by and for Christian Scientists who rely
on the practice of Christian Science for treatment and healing.

(f) Any nonprofit congregate housing program which promotes independent living
by providing assistance with daily living activities such as cooking, eating, dressing, getting
out of bed, and the like to persons living in a shared group environment who do not require
the medical supervision and nursing assistance provided by nursing homes. No congregate
housing program, except those licensed or operated by the state of Louisiana, shall do any
of the following:

(i) Use the term "nursing home" or any other term implying that it is a licensed health
care facility.

(ii) Administer medications or otherwise provide any other nursing or medical
service.

(4) "Office" means either the office of licensing and certification or the office of
family services to which the complaint has been referred by the secretary of the Louisiana
Department of Health.

(5) "Person" means a natural person or persons, firm, partnership, association or
corporation.

Such regulations shall require that nursing homes for which plans are approved,
constructed after January 1, 1978, shall comply with the applicable Life Safety Code, in
accordance with such federal regulations promulgated pursuant of Title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) as may be in force at the time the plans are approved.

(6) "Secretary" means the secretary of the Louisiana Department of Health.

(7) "Unit" means the Medicaid fraud control unit created within the office of criminal
law of the Department of Justice and which is certified by the secretary of the United States
Department of Health, Education and Welfare or its successor.

*Added by Acts 1958, No. 188, §1. Amended by 1964, No. 170, §3; Acts 1977, No. 680, §7; Acts 1978, No. 687, §1, eff. July 12, 1978; Acts 1982, No. 656, §1; Acts 2016, No. 311, §2, eff. June 2, 2016; Acts 2018, No. 206, §4.*

##### **§ 40:2009.3** Licensing of nursing homes; applications; fees; disposition of fees {#sec-40-2009.3 omnilex-key=us-la-statutes--rs-title-40--40:2009.3}

A. No person shall open, conduct, manage or maintain a nursing home without a license or provisional license from the department.

B. Application to conduct and operate a nursing home shall be made to the department on application forms furnished by it and shall contain such information as the department may require, including information required for health planning pursuant to R.S. 36:256(B). Additional information required by the licensing agency or for health planning shall be provided by the applicant on supplemental forms as needed. The application shall be accompanied by a license fee, the amount of which shall be determined by the department, in accordance with the number of persons for which the home is established to provide care. The fee shall be not less than one hundred dollars plus three dollars per bed.

C. Funds collected by the department as license fees shall be deposited in the operating account of the department and may be used by it for expenses incurred in making investigations required by R.S. 40:2009.1 through R.S. 40:2009.12 and for the enforcement of all laws, rules and regulations relating to the licensing of nursing homes.

D. A provisional license may be issued to a nursing home for a period not to exceed six months in cases where full compliance with regulations, codes or minimum standards require an extension of time. The failure to comply must not be detrimental to the health or safety of the residents and the deficiencies must be cited at the time of issuance.

*Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §2; Acts 1985, No. 342, §2, eff. July 9, 1985; Acts 1986, No. 497, §1, eff. July 2, 1986.*

##### **§ 40:2009.4** Standards prescribed {#sec-40-2009.4 omnilex-key=us-la-statutes--rs-title-40--40:2009.4}

A. The department shall prescribe and publish minimum standards in relation to:

(1) Location and construction of the home.

(2) Number and qualifications of personnel.

(3) Sanitary conditions.

(4) Diet related to the needs of each resident.

(5) Equipment essential to the health and wellbeing of the residents.

(6)(a) The establishment of new or replacement facilities or reestablishment of
facilities that have sustained substantial structural damage from a hurricane or substantial
structural damage from flooding which are located in areas subject to hurricanes, tidal surges,
or flooding. An architect or civil engineer registered in the state shall determine whether a
facility has sustained substantial structural damage from a hurricane or substantial structural
damage from flooding in accordance with the Louisiana State Uniform Construction Code.
The regulations adopted by the department shall include but not be limited to:

(i) Requirements of building and construction codes and guidelines.

(ii) Restrictions of locations of newly approved facilities that are subject to the
provisions of the facility need review process.

(iii) Provisions for the fair allocation of the Medicaid share of facility specific costs
directly incurred by a facility as a result of compliance.

(iv) Provisions for reasonable time periods for compliance, not to exceed three years,
except when extensions are granted by the department for good cause.

(b) Nothing herein shall be construed to affect or apply to existing operational
facilities or to facilities that are under construction and whose construction plans were
approved prior to the promulgation of regulations referred to in Subparagraph (a) of this
Paragraph.

(7)(a) The requirement for licensed nursing facilities to allow immediate family
members and other designated persons to visit residents during a public health emergency
whenever a resident requests such a visit with special consideration to be given to residents
receiving end-of-life care.

(b) The rules shall include but not be limited to definitions, minimum requirements
including the right to consensual nonsexual physical contact such as hand-holding or
hugging, restrictions, and provisions to protect the health, safety, and welfare of the residents
and the staff of the licensed nursing facility. However, the rules may not require visitors to
submit proof of any vaccination or immunization.

(c) The rules shall allow licensed nursing facilities to adopt reasonable time, place,
and manner restrictions on resident visitation that are implemented for the purpose of
mitigating the possibility of transmission of any infectious agent or disease or to address the
medical condition or clinical considerations of an individual resident.

(d) The rules promulgated pursuant to this Paragraph shall be preempted by any
federal statute, federal regulation, or guidance from a federal government agency that
requires a licensed nursing facility to restrict resident visitation in a manner that is more
restrictive than the rules adopted by the department pursuant to this Paragraph.

(e) For purposes of this Paragraph, the following definitions shall apply:

(i) "Public health emergency" means a state of public health emergency that is
declared pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.

(ii) "Resident" means the resident of the licensed nursing facility or the legal or
designated representative of the resident.

B. In addition to the authority to prescribe minimum standards, the department may
adopt new rules and regulations relating to the operation and conduct of nursing homes and
the care, treatment and maintenance of the residents thereof when adequate state funds are
made available. The secretary may waive any standard, rule, or regulation adopted pursuant
to the authority granted herein in emergency situations for limited periods of time, when the
health and welfare of the residents are not adversely affected.

C. The Louisiana Department of Health shall develop and implement policies and
procedures to require nursing facilities to notify new residents and their families and
guardians of sex offenders living in their facilities upon admission. The notification shall
continue for as long as the information is considered a public record. During the annual
licensing process, health standards surveyors shall verify the providers' compliance with the
policy.

*Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §8; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005; Acts 2008, No. 409, §1, eff. June 21, 2008; Acts 2020, 2nd Ex. Sess., No. 18, §1, eff. Oct. 28, 2020; Acts 2022, No. 531, §1; Acts 2023, No. 367, §1.*

##### **§ 40:2009.4.1** Supervised automatic sprinkler systems; requirements {#sec-40-2009.4.1 omnilex-key=us-la-statutes--rs-title-40--40:2009.4.1}

A.(1) By January 1, 2008, all nursing homes shall be protected throughout by a supervised
automatic fire sprinkler system. By December 31, 2006, completed sprinkler plans for these systems
shall be submitted to the secretary for review and approval. The secretary may grant an extension
of time for nursing homes to submit plans by August 31, 2007, provided the nursing home submits
to the secretary a written request for an extension including the reason for the delay and the secretary
deems the request reasonable. Where means of egress passes through building areas outside of a
nursing home, those areas shall be separated from the nursing home by a two-hour rated wall or shall
be protected by a supervised automatic fire sprinkler system.

(2) Any nursing home operator that attests that a replacement facility will be licensed,
operable, and in compliance with the requirements of Paragraph (1) of this Subsection by December
31, 2009, and presents plans for the replacement facility to the department and the state fire marshal
on or before November 1, 2007, shall be in compliance with the requirements of Paragraph (1) of
this Subsection.

B.(1) In order to offset the costs of this mandate, a Medicaid-certified nursing home which
installs or extends a sprinkler system or renovates its facility to comply with the provisions of this
Section shall submit invoices documenting the total cost of complying with the provisions of this
Section to the department and shall be reimbursed by Medicaid within a five-year period of the
expenditure. Costs reimbursed pursuant to this Section shall not be included in the facility's capital
asset calculations. The cost of installation shall not be included in the facility's Medicaid rate
calculations but shall be reimbursed in addition to each facility's Medicaid per diem rate.

(2) The Medicaid-certified nursing homes that installed sprinkler systems or two-hour rated
walls, or both, after August 1, 2001, and before August 15, 2006, shall be reimbursed for the cost
of such installation over a five-year period beginning July 1, 2007, based on each nursing home's
Medicaid cost ratio as computed by the Louisiana Department of Health at the time of completion
of the installation. The cost reimbursement shall be calculated as total installation costs less any
change in the fair rental value per diem that has been recognized by the department and included in
the Medicaid rate as a result of the installation of the sprinkler system or the two-hour walls, or both.
The cost of installation shall not be included in the nursing home's Medicaid rate calculations, but
shall be reimbursed to the nursing home's Medicaid per diem rate.

(3) The department shall promulgate rules and regulations necessary for the implementation
of the provisions in this Section, including but not limited to the establishment of procedures and
criteria for reimbursement.

C. Any violation of this Section relating to the untimely submission of plans to the
department or installation of sprinkler systems shall be a Class C violation pursuant to R.S.
40:2009.11. However, nothing in this Section shall preclude the department from pursuing other
deficiencies or classes of violations.

D. For purposes of this Section, "supervised automatic fire sprinkler system" means a
system that operates in accordance with the latest adopted edition of the National Fire Protection
Association, Inc., Life Safety Code.

*Acts 2006, No. 824, §1; Acts 2007, No. 328, §1.*

##### **§ 40:2009.5** Investigation; issuance of license {#sec-40-2009.5 omnilex-key=us-la-statutes--rs-title-40--40:2009.5}

Upon receipt of an application for a license hereunder, the department shall cause a thorough investigation to be made of the home proposed to be licensed and if satisfied that the minimum standards prescribed by it are met, it shall issue a license for a period of one year. The department may, either before or after the issuance of a license, designate the state fire marshal, parish and multiple parish health units, or municipal boards of health to make investigations relating to the minimum standards prescribed by it, and all such agencies shall cooperate with and comply with requests of the department hereunder. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards.

*Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §3.*

##### **§ 40:2009.6** Denial, revocation, or nonrenewal of license; grounds {#sec-40-2009.6 omnilex-key=us-la-statutes--rs-title-40--40:2009.6}

A. An application for a license may be denied for any of the following reasons:

(1) Failure to meet any of the minimum standards prescribed by the department
under R.S. 40:2009.4(A).

(2) Conviction of a felony, as shown by a certified copy of the record of the court of
conviction of the applicant; or, if the applicant is a firm or corporation, conviction of any of
its members or officers of a felony; or conviction of the person designated to manage or
supervise the home of a felony.

(3) If the supervisor of the home is not reputable.

(4) If the staff or a member of the staff is temperamentally or otherwise unsuited for
the care of the patients in the home.

B. A license may be revoked, or a renewal thereof denied for any of the following
reasons:

(1) Cruelty or indifference to the welfare of the residents.

(2) Misappropriation or conversion of the property of the residents.

(3) Violation of any provision of R.S. 40:2009.1 through 2009.11 or of minimum
standards, rules and regulations, or orders of the department promulgated thereunder.

(4) Any ground upon which an application for a license may be denied as prescribed
in Subsection A of this Section.

(5)(a) When a nursing facility has failed to timely report or pay a fee or has been
delinquent in payment of any fee owed to the department, including specifically provider fees
imposed pursuant to R.S. 46:2625, on more than three occasions. Revocation shall be stayed
during the pendency of any agency administrative appeal filed by a health care provider who
contests or disputes the delinquency fee or fine.

(b) For purposes of this Paragraph, a nursing facility shall be considered to be
delinquent on the tenth day following the date on which the report or fee is due.

*Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §9; Acts 1997, No. 795, §2; Acts 2018, No. 206, §4.*

##### **§ 40:2009.7** Notice of reasons for nonrenewal or revocation of license; review; hearing {#sec-40-2009.7 omnilex-key=us-la-statutes--rs-title-40--40:2009.7}

A. The secretary of the Louisiana Department of Health may deny an
application for a license or refuse to renew a license, or may revoke an
outstanding license, when he finds after investigation that the applicant or
licensee is in nonconformance with or in violation of the provisions of R.S.
40:2009.6; provided that in all such cases, the secretary shall furnish the
applicant or licensee thirty calendar days' written notice specifying reasons for
the action.

B. The secretary, in a written notice of denial, nonrenewal, or
revocation of a license shall notify the applicant or licensee of his right to file
a suspensive appeal with the office of the secretary within thirty calendar days
from the date the notice required in Subsection A of this Section is received
by him. This appeal or request for a hearing shall specify in detail reasons why
the appeal is lodged and why the appellant feels aggrieved by the action of the
secretary.

C. When any appeal authorized by Subsection B of this Section is
received by the secretary, if timely filed, he shall appoint an impartial three
member board to conduct a hearing on the appeal at such time and place as
such members deem proper, and after such hearing to render a written opinion
on the issues presented at the hearing. The written decision or opinion of a
majority of the members conducting the hearing shall constitute final
administrative action on the appeal.

D. Any member of said board or the secretary shall have power to
administer oaths and to subpoena witnesses on behalf of the board or any party
in interest and compel the production of books and papers pertinent to any
investigation or hearing authorized by this Chapter, provided that in all cases
witness fees and transportation and similar hearing costs shall be paid by the
appellant or by the Louisiana Department of Health if the appellant is found
innocent of charges. Any person having been served with a subpoena who
shall fail to appear in response to the subpoena or fail or refuse to answer any
question or fail to produce any books or papers pertinent to any investigation
or hearing or who shall knowingly give false testimony therein shall be guilty
of a misdemeanor and shall upon conviction be punished by a fine of not less
than one hundred dollars nor more than five hundred dollars or by
imprisonment of not less than one month nor more than six months, or by both
such fine and imprisonment.

*Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §10; Acts 1986, No. 655, §1.*

##### **§ 40:2009.8** Right of inspection by department; records; reports; confidentiality of inspection; penalty {#sec-40-2009.8 omnilex-key=us-la-statutes--rs-title-40--40:2009.8}

A. Every home conducted by a licensee hereunder, and any premises
proposed to be conducted by an applicant for a license, shall be open at all
reasonable times to inspection by the department and by any agency designated
by the department as provided in R.S. 40:2009.5.

B. Every licensee shall keep such records and make such reports as the
department shall prescribe and all such records shall be open to inspection by
the department.

C. Any information regarding the date and time of a proposed
inspection shall be confidential, shall not be transmitted outside of the
Louisiana Department of Health, and shall not be transmitted within that
department except to the extent necessary to conduct the inspection. Any
person who knowingly or willfully violates the provisions of this Subsection
shall be fined not more than five hundred dollars or imprisoned for not more
than ninety days, or both.

*Added by Acts 1958, No. 188, §1; Acts 1986, No. 108, §1.*

##### **§ 40:2009.9** Term of license; renewal fee; display; transfer {#sec-40-2009.9 omnilex-key=us-la-statutes--rs-title-40--40:2009.9}

A license shall expire on the last day of the twelfth month after date of issuance unless otherwise renewed. All applications for renewal, except those of places operated by a political subdivision of the state of Louisiana, shall be accompanied by a renewal fee of one hundred dollars plus three dollars per bed. The license shall be displayed in a conspicuous place inside the home. A license or provisional license shall be valid only in the hands of the person or entity to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor shall a license or provisional license be valid for any premises other than those for which originally issued.

*Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §4; Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1986, No. 497, §1, eff. July 2, 1986.*

##### **§ 40:2009.10** Department reports relating to recipients of public assistance {#sec-40-2009.10 omnilex-key=us-la-statutes--rs-title-40--40:2009.10}

The department shall promptly report to the office of family security, the licensing status or any change thereof, of any nursing home that has any patrons who are recipients of public assistance.

*Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §11; Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:2009.10.1** Immediate jeopardy violations in a licensed nursing home {#sec-40-2009.10.1 omnilex-key=us-la-statutes--rs-title-40--40:2009.10.1}

A. Except as otherwise provided in Subsection C of this Section, if the Louisiana
Department of Health identifies an immediate jeopardy violation during the course and scope
of a survey of a licensed nursing home, the department shall notify the administrator or his
designee of such violation and make available an opportunity to speak via telephone with a
department supervisor prior to the surveyor's exiting the facility if the survey is conducted
during regular working hours. If the survey is conducted during a time not considered
regular working hours, the administrator shall have the opportunity to speak with a
department supervisor during the next business morning.

B. If an immediate jeopardy violation is noted, the department shall present the
administrator or his designee with a warning that immediate action is required to remedy the
violation and preserve appeal rights as significant fines may be imposed by the Centers for
Medicare and Medicaid Services. The warning notice shall be clear and in writing in a
standard form developed by the department that includes an explanation of the basis for the
citation.

C. If the department identifies an immediate jeopardy violation after the department
surveyors have exited the licensed nursing home, the department shall notify the
administrator or his designee of such violation by telephone, shall forward the notice
described in Subsection B of this Section to the administrator or his designee via electronic
or facsimile transmission, and shall provide an opportunity to speak via telephone with a
department supervisor during the next business morning after such notification. Such
notification shall be provided to the nursing home on an expedited basis.

*Acts 2016, No. 385, §1.*

##### **§ 40:2009.11** Violations; penalties; notice; hearings; appeal; collection and distribution of fines {#sec-40-2009.11 omnilex-key=us-la-statutes--rs-title-40--40:2009.11}

A. The opening or operation of a nursing home as herein defined without a license
therefor shall be a misdemeanor, punishable upon conviction by a fine of not less than one
thousand dollars nor more than five thousand dollars, and each day's violation shall constitute
a separate offense.

B.(1) No person shall operate a nursing home as herein defined in violation of any
provision of R.S. 40:2009.1 through 40:2009.11 or any other state or federal statute,
regulation, or any department rule adopted pursuant to the Administrative Procedure Act
which govern the administration of nursing home care.

(2) Any person or entity violating these requirements when such violation poses a
threat to the health, safety, rights, or welfare of a nursing home resident may be liable to civil
fines in addition to any criminal action which may be brought under other applicable laws.
The department shall adopt rules in accordance with the Administrative Procedure Act which
define specific classifications of violations, articulate factors in assessing civil fines
including mitigating circumstances, and explain the treatment of continuing and repeat
deficiencies. A schedule of civil fines by class of violation shall be as follows:

(a) Class A - Violations that create a condition or occurrence relating to the operation
and maintenance of a nursing home which result in death or serious harm to a resident. Civil
fines shall not exceed two thousand five hundred dollars for the first violation and shall not
exceed five thousand dollars per day for repeat violations.

(b) Class B - Violations that create a condition or occurrence relating to the operation
and maintenance of a nursing home which create a substantial probability that death or
serious physical or mental harm to a resident will result from the violation. Civil fines shall
not exceed one thousand five hundred dollars for the first violation and shall not exceed three
thousand dollars per day for repeat violations.

(c) Class C - Violations that create a condition or occurrence relating to the operation
and maintenance of a nursing home which create a potential for harm by directly threatening
the health, safety, rights, or welfare of a resident. Civil fines shall not exceed one thousand
dollars for the first violation and shall not exceed two thousand dollars per day for repeat
violations.

(d) Class D - Violations related to administrative and reporting requirements that do
not directly threaten the health, safety, rights, or welfare of a resident. Civil fines shall not
exceed one hundred dollars for the first violation and shall not exceed two hundred fifty
dollars per day for repeat violations.

(e) Class E - Violations for failure of any nursing home to submit a statistical or
financial report in a timely manner as required by regulation. Civil fines shall not exceed
fifty dollars for the first violation and shall not exceed one hundred dollars per day for repeat
violations.

(3) The aggregate fines assessed for violations determined in any one month shall
not exceed five thousand dollars, except that the aggregate fines assessed for Class A repeat
violations shall not exceed twenty thousand dollars in any one month, and the aggregate fines
assessed for Class B repeat violations shall not exceed fifteen thousand dollars in any one
month.

C. The department shall adopt rules and regulations in accordance with the
Administrative Procedure Act to provide for notice to the nursing home of any violation, for
an informal reconsideration process, and for an appeal procedure including judicial review.
Such appeal shall be suspensive.

D. The nursing home shall furnish, with an appeal, bond in the minimum amount of
one and one half times the amount of the fine imposed by the department. The bond
furnished shall provide in substance, that it is furnished as security that the nursing home will
prosecute its appeal, that any judgment against it, including court costs, will be paid or
satisfied from the amount furnished or that otherwise the surety is liable for the amount
assessed against the facility. The appeal shall be heard in a summary proceeding which shall
be given precedence over other pending matters.

E. The department may institute all necessary civil court action to collect fines
imposed and not timely appealed. No nursing home may claim imposed fines as
reimbursable costs, nor increase charges to residents as a result of such fines. Interest shall
begin to accrue at the current judicial rate on the day following the date on which any fines
become due and payable.

F.(1) Civil fines collected under the provisions of this Section shall be deposited
immediately into the state treasury.

(2) After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
the monies being placed in the state general fund, an amount equal to the amount deposited
as provided in Paragraph (1) of this Subsection shall be credited to a special fund hereby
created in the state treasury to be known as the "Nursing Home Residents' Trust Fund",
hereinafter referred to as "the fund". The monies in the fund shall be subject to annual
appropriation and shall be used solely as mandated by the Omnibus Budget Reconciliation
Act of 1987 (P.L. 100-203), including but not limited to reimbursement of evacuation
expenses incurred by nursing homes, subject to approval by the Centers for Medicare and
Medicaid Services. The monies in the fund shall be invested by the treasurer in the same
manner as the monies in the state general fund, and all interest earned from the investment
of monies in the fund shall be deposited in and remain to the credit of the fund. All
unexpended and unencumbered monies remaining in the fund at the close of the fiscal year
shall remain in the fund.

(3) The secretary of the Louisiana Department of Health is authorized to promulgate
rules in accordance with the Administrative Procedure Act to provide for the administration
of the fund.

G, H. Repealed by Acts 1990, No. 859, §2.

*Added by Acts 1958, No. 188, §1. Acts 1984, No. 730, §1; Acts 1987, No. 727, §1, eff July 16, 1987; Acts 1990, No. 859, §§1 and 2; Acts 1993, No. 947, §1; Acts 2008, No. 785, §1, eff. July 7, 2008.*

##### **§ 40:2009.12** Sleeping potion, sedatives, or injections without prescription; penalties {#sec-40-2009.12 omnilex-key=us-la-statutes--rs-title-40--40:2009.12}

It shall be unlawful for anyone operating a nursing home, or any employee thereof,
to administer any sleeping potion or sedative or any hypodermic injections without a doctor's
prescription to any patron of any such nursing home. Any violation of this Section by any
employee, operator, or owner of a nursing home shall be cause for cancellation of license in
accordance with the provisions of this Chapter, and such violator shall also be subject to the
criminal penalties imposed by the Uniform Controlled Dangerous Substances Law, Part X
of Chapter 4 of this Title, relating to narcotics or to barbiturates insofar as applicable.

*Added by Acts 1958, No. 188, §1; Acts 2018, No. 206, §4.*

##### **§ 40:2009.13** Health care provider complaints; procedure; immunity {#sec-40-2009.13 omnilex-key=us-la-statutes--rs-title-40--40:2009.13}

A. The provisions of R.S. 40:2009.13 through 2009.20, excluding R.S. 40:2009.18, shall apply to all licensed health care providers and all federally participating health care providers who operate in the state of Louisiana, provided the provisions of these Sections shall not prevent the institution of judicial action. For purposes of said Sections, "licensed health care provider" or "health care provider" means an institution or distinct part of an institution, facility, or agency licensed by the department or certified for participation in either or both of the Medicaid or Medicare programs to provide health care services. "Health care providers" include but are in no way limited to hospitals, nursing facilities, skilled nursing facilities, home health agencies, ambulatory surgical centers, providers of outpatient physical therapy and/or speech pathology services, comprehensive outpatient rehabilitation facilities, hospices, or suppliers of services, including but not limited to independent laboratories, suppliers of portable X-ray services, and end-stage renal disease treatment facilities.

B. Any person who has knowledge that a state law, minimum standard, rule, regulation, plan of correction promulgated by the department, or any federal certification rule pertaining to a health care provider has been violated, or who otherwise has knowledge that a consumer has not been receiving care and treatment to which he is entitled under state or federal laws, may submit a report regarding such matter to the department. The report may be submitted to the department in writing, by telephone, or by personal visit.

C. The office designated by the secretary shall have responsibility to assure that all reports are referred to the Medicaid fraud control unit or processed in accordance with this Section and R.S. 40:2009.14 through 2009.20.

D. If the report involves an alleged violation of criminal law, the department shall refer the reports to the Medicaid fraud control unit of the attorney general's office.

E. Any person, other than the person alleged to be responsible for the violation, who in good faith submits a report pursuant to this Section shall have immunity from any civil liability that otherwise might be incurred or imposed because of such report. Such immunity shall extend to participation in any judicial proceeding resulting from the complaint.

F.(1) If the report involves an alleged violation by an individual of laws governing professional licensure as provided in Title 37 of the Louisiana Revised Statutes of 1950 or rules and regulations promulgated pursuant to a professional practice act, the department shall refer the report to the appropriate professional licensing board.

(2) If the ensuing investigation results in determination that an individual may have violated laws pertaining to the individual's licensure as a health care professional, such investigation results shall be referred to the appropriate licensing board.

*Added by Acts 1978, No. 687, §2, eff. July 12, 1978. Acts 1983, No. 98, §1; Acts 1997, No. 1002, §1; Acts 1999, No. 1109, §1.*

##### **§ 40:2009.14** Procedure for investigation by the office; confidentiality of reports {#sec-40-2009.14 omnilex-key=us-la-statutes--rs-title-40--40:2009.14}

A.(1) The office of the department assigned to investigate the report shall review the report and determine whether there are reasonable grounds for an investigation. No report shall be investigated if in the office's judgment it is not made in good faith, is outdated, or is trivial, or if the report is not within the investigating authority of the office. The office may further determine whether to consider a report as a complaint or as an allegation of noncompliance.

(2) If the office determines that grounds for an investigation do not exist, it shall notify the complainant of its decision and the reasons therefor within fifteen work days after receipt of such complaint.

(3) As used in this Section:

(a) An "allegation of noncompliance" is an allegation that an event has occurred or is occurring that has the potential for causing no more than minimal harm to a consumer or consumers.

(b) A "complaint" is an allegation that an event has occurred or is occurring and has the potential for causing more than minimal harm to a consumer or consumers.

(c) An "outdated report" is a report pertaining to an incident that occurred one hundred twenty or more days prior to its being reported to the office.

(d) A "trivial report" is a report of an allegation that an incident has occurred to a consumer or consumers that causes no physical or emotional harm and has no potential for causing harm to the consumer or consumers.

(e) "Minimal harm" is an incident that causes no serious temporary or permanent physical or emotional damage and does not materially interfere with the consumer's activities of daily living.

(4)(a) If the office determines that grounds for an investigation of a report as a complaint exist, the office shall investigate the complaint within thirty days of receipt of the report submitted under R.S. 40:2009.13(B).

(b) If the office determines that grounds for an investigation of a report as an allegation of noncompliance exist, the office shall investigate the allegation of noncompliance by telephone, provider report, or at the time of the next scheduled visit to the provider's facility.

(5) Results of any investigation of a complaint shall be communicated in writing to the administrative officer of the facility and the complainant within thirty working days of completion of the investigation.

B.(1) The nature of the complaint or allegation shall be furnished to the provider no earlier than at the commencement of the investigation of the complaint or allegation of noncompliance.

(2) When the nature of the complaint or allegation is furnished to the health care provider, it shall not identify the complainant or the consumer unless the individual has consented to the disclosure either in writing or in a documented telephone conversation with an employee of the department. If disclosure is considered essential to the investigation or if the investigation results in a judicial proceeding, the complainant shall be given the opportunity to withdraw the complaint.

*Added by Acts 1978, No. 687, §2, eff. July 12, 1978. Acts 1997, No. 1002, §1.*

##### **§ 40:2009.15** Investigation report {#sec-40-2009.15 omnilex-key=us-la-statutes--rs-title-40--40:2009.15}

A. The report of the investigation by the department shall state whether
any state licensing law, or any minimum standard, rule, regulation, or plan of
correction of the Louisiana Department of Health, or any federal certification
rule affecting the health care provider, or any standard relating to the health,
safety, care, or treatment of consumers has been violated. If such violation is
found to exist, the appropriate departmental staff shall promptly provide notice
to the secretary or his designee of such violation. The secretary or his designee
shall take appropriate action as authorized by Subsection B of this Section.
Results of the investigation, including any notification of violations or
deficiencies as provided in Subsection C of this Section, shall be sent by
certified mail or hand delivered to the complainant and to the health care
provider.

B. Upon receipt of such notice of violation from the department, the
secretary shall consider:

(1) For violation of a federal certification rule or standard, appropriate
action to terminate the health care provider's participation in the Medicaid
program, the Medicare program, or both.

(2) For any violation which jeopardizes the health or safety of the
consumer or consumers, appropriate steps to revoke the license pursuant to the
authority granted under the licensing law for that type of health care provider.

(3) For any identified violations, imposing a sanction against the health
care provider as authorized by law.

C.(1) If deficient practices are identified, the department shall notify
the health care provider of the violation, list the rules or laws violated, and
solicit a plan of correction from the health care provider.

(2) A health care provider which is required to correct identified
violations may submit a written request to the department for informal
reconsideration regarding the validity of the violations of the law or rule
specified in the notice. This request must be received by the department within
ten days of the health care provider's receipt of the notice. The complainant
shall also be afforded an opportunity to request an informal reconsideration of
the findings. Such a request must be made within thirty days of the
complainant's receipt of the results of the investigation. The department shall
schedule the requested informal reconsideration in a timely manner.

(3) The time periods specified in this Subsection shall commence with
receipt by the health care provider of the notice specifying the corrective
actions to be taken.

*Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §§1, 2.*

##### **§ 40:2009.16** Hearing {#sec-40-2009.16 omnilex-key=us-la-statutes--rs-title-40--40:2009.16}

A.(1) An informal reconsideration shall constitute final action by the department except in those complaints in which the health standards section of the bureau of health services financing determines that the complaint concerns a consumer in a facility and involves issues that have resulted or are likely to result in serious harm or death to the consumer. In those complaints involving the issues of serious harm or death, as determined by the health standards section, the complainant or the provider may appeal the informal reconsideration finding to the division of administrative law. All appeals and hearings shall conform with the Administrative Procedure Act and rules established by the department and the division of administrative law.

(2) For purposes of this Section, "serious harm" is an incident which involves unconsciousness; physical pain evidenced by objective findings; disfigurement; loss or impairment of the function of a body member, organ, or mental faculty; or severe emotional distress.

B. The hearing by the division of administrative law shall be limited to the evidence presented at the informal reconsideration unless the complainant or provider has obtained additional evidence important to the issues which he could not have with due diligence obtained before or during the informal reconsideration.

C. An administrative law judge shall make a determination on the appeal based on the evidence presented as to whether the investigation was conducted properly or improperly. If the administrative law judge determines that the investigation was not conducted properly, he shall designate in writing and with specificity the methods by which a reinvestigation shall be conducted. No appeal shall lie from a reinvestigation upon a prima facie showing that the reinvestigation was conducted in accordance with the designations of the administrative law judge.

*Added by Acts 1978, No. 687, §2. Acts 1997, No. 1002, §1; Acts 2014, No. 812, §2, eff. June 23, 2014.*

##### **§ 40:2009.17** Retaliation by health care provider {#sec-40-2009.17 omnilex-key=us-la-statutes--rs-title-40--40:2009.17}

No discriminatory or retaliatory action shall be taken by any health care provider or government agency against any person or client by whom or for whom any communication was made to the department or unit, provided the communication is made in good faith for the purpose of aiding the office or unit to carry out its responsibilities. Any person who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than one hundred dollars nor more than five hundred dollars.

*Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §1.*

##### **§ 40:2009.18** Notification of the procedure {#sec-40-2009.18 omnilex-key=us-la-statutes--rs-title-40--40:2009.18}

The Louisiana Department of Health shall prepare and distribute to nursing homes
in quantities appropriate to carry out the intent of this Section a booklet setting forth the
complaint procedure established by R.S. 40:2009.13 through 2009.17. This booklet shall
include a summary of costs which the Title XIX nursing home payments cover, a list of most
additional kinds of costs which could be incurred but which Title XIX nursing home
payments do not cover, and other information the department deems necessary to assist the
families, and the individuals admitted, to a better understanding of the adjustments relative
to living in a nursing home. The booklet shall be distributed by all licensed nursing homes
to all current patients and to all new patients on the date of their admission. In addition,
notice of this complaint procedure, complete with the name, address, and telephone number
of the licensing and certification section of the office of management and finance of the
Louisiana Department of Health, shall be posted conspicuously in the nursing home at places
where patients gather, including, but not limited to, the administrative office, the dining hall,
the activity room, and all nurses' stations.

*Added by Acts 1978, No. 687, §2; Acts 2018, No. 206, §4.*

##### **§ 40:2009.19** Notification of change {#sec-40-2009.19 omnilex-key=us-la-statutes--rs-title-40--40:2009.19}

It shall be the duty of the department to apprise all nursing homes licensed under R.S. 40:2009.6 in writing of any state law, minimum standard, rule, regulation, or order promulgated by the department and of any changes therein with which the nursing homes will be expected to comply.

*Added by Acts 1978, No. 687, §2.*

##### **§ 40:2009.20** Duty to make complaints; penalty; immunity {#sec-40-2009.20 omnilex-key=us-la-statutes--rs-title-40--40:2009.20}

A. As used in this Section, the following terms shall mean:

(1) "Abuse" is the infliction of physical or mental injury or the causing of the deterioration of a consumer by means including but not limited to sexual abuse, or exploitation of funds or other things of value to such an extent that his health or mental or emotional well-being is endangered.

(2) "Neglect" is the failure to provide the proper or necessary medical care, nutrition, or other care necessary for a consumer's well-being.

B.(1) Any person who is engaged in the practice of medicine, social services, facility administration, psychological or psychiatric services; or any registered nurse, licensed practical nurse, nurse's aide, home- and community-based service provider employee or worker, personal care attendant, respite worker, physician's assistant, physical therapist, or any other direct caregiver having knowledge that a consumer's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall, within twenty-four hours, submit a report to the department or inform the unit or local law enforcement agency of such abuse or neglect. When the department receives a report of sexual or physical abuse, whether directly or by referral, the department shall notify the chief law enforcement agency of the parish in which the incident occurred of such report. Such notification shall be made prior to the end of the business day subsequent to the day on which the department received the report. For the purposes of this Paragraph, the chief law enforcement agency of Orleans Parish shall be the New Orleans Police Department.

(2) Any person who knowingly or willfully violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than two months, or both.

C. Any person, other than the person alleged to be responsible for the abuse or neglect, reporting pursuant to this Section in good faith shall have immunity from any civil liability that otherwise might be incurred or imposed because of such report. Such immunity shall extend to participation in any judicial proceeding resulting from such report.

D. All hospitals shall permanently display in a prominent location in their emergency rooms a copy of R.S. 40:2009.20.

*Added by Acts 1982, No. 551, §1. Acts 1983, No. 98, §1; Acts 1983, No. 616, §1; Acts 1990, No. 859, §2; Acts 1997, No. 1002, §1; Acts 2002, 1st Ex. Sess., No. 80, §2; Acts 2003, No. 832, §1; Acts 2008, No. 839, §3, eff. July 8, 2008.*

##### **§ 40:2009.21** Mandatory screening of nursing home Medicaid patients with mental illness or developmental disabilities; implementation, review {#sec-40-2009.21 omnilex-key=us-la-statutes--rs-title-40--40:2009.21}

A. Public Law 100-203 establishes mandatory preadmission screening and resident
review requirements for nursing care (other than ICF-DD) provided under Title XIX of the
Social Security Act. Section 1919(b)(3)(F) of the Social Security Act prohibits admission
of a mentally ill or mentally retarded Title XIX recipient unless the recipient requires the
level of services provided by a nursing facility because of his physical and mental condition
as determined by the state mental health authority or state mental retardation or
developmental disability authority.

B. The Louisiana Department of Health shall establish rules and regulations to
implement the mandatory preadmission and resident review requirements for nursing care
(other than ICF-DD) provided under Title XIX of the Social Security Act. Such rules and
regulations shall require that the department must make a determination of eligibility with
regard to the first level of screening within two working days after a request is submitted to
the department. If the department determines that a second level of screening is required to
ascertain the mental condition of the applicant, the second level of screening shall be
conducted and completed within eight working days after the completion of the first level
of screening, and the applicant shall be notified of the agency's determination on the date the
screening is completed. If the department fails to comply with the time limits provided for
in this Subsection, the applicant shall be deemed eligible under Title XIX for placement in
a nursing facility without further delay.

C. The Louisiana Department of Health, office of behavioral health shall be the state
mental health authority and state developmental disability authority as provided for in the
Social Security Act.

*Acts 1989, No. 422, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.*

##### **§ 40:2009.22** Certification of nursing homes {#sec-40-2009.22 omnilex-key=us-la-statutes--rs-title-40--40:2009.22}

A. Beginning July 1, 2004, at the time of licensure renewal for nursing homes enrolled in
the Medicaid program, those nursing homes enrolled in the Medicaid program shall also be certified
for participation in the Medicare Part A skilled nursing facility program.

B. For any licensing application or renewal on or after July 1, 2004, nursing home providers
may be granted a one hundred eighty-day grace period in which to certify for Medicare program
participation, any beds that will be enrolled in the Medicaid program. This grace period may be
granted by the Louisiana Department of Health, licensing and certification division, upon good cause
shown.

C. If at time of license renewal or at any time after a grace period expires, a Medicaid
nursing home provider fails to meet the requirements of Subsection A of this Section, such failure
may result in Medicaid de-certification of the facility that fails to comply.

D. However, a skilled nursing facility enrolled in the Medicare Part A program shall not be
required to enroll in the Medicaid program. If a Medicare certified skilled nursing facility desires
to become Medicaid certified, it shall be required to comply with all requirements of the Facility
Need Review program as set forth in R.S. 40:2116(B)(1) et seq.

*Acts 2004, No. 317, §1.*

##### **§ 40:2009.23** Adoption of rules; denial of payments; fines; temporary management; alternate remedies {#sec-40-2009.23 omnilex-key=us-la-statutes--rs-title-40--40:2009.23}

A. The Louisiana Department of Health is hereby authorized to and
shall adopt rules in accordance with the Administrative Procedure Act, to
provide remedies mandated by federal law which may include:

(1) The denial of payment with respect to any individual admitted to
a nursing facility when mandated by federal law.

(2) The use of civil fines assessed and collected for violation of
conditions mandated by federal law, such funds to be applied as mandated by
federal law.

(3) The procedure and requirements concerning the appointment of
temporary management of a nursing facility as mandated by federal law.

(4) The closure of a nursing facility, the transfer of residents in such
facility, or both, in the case of an emergency, as mandated by federal law.

(5) Alternate remedies to deter noncompliance and correct deficiencies.

B. The department, by rule adopted pursuant to the Administrative
Procedure Act, shall specify criteria as to when and how each remedy is to be
applied, the amount of any fine within the limits specified by law, and the
severity of the remedies to be used in the imposition of such remedies as
mandated by federal law.

C. The department shall enforce rules adopted pursuant to this Section
and, when determined necessary, may petition a court of competent
jurisdiction to judicially enforce any such rule.

*Acts 1989, No. 719, §1, eff. July 8, 1989.*

##### **§ 40:2009.24** Alternative electrical power source required {#sec-40-2009.24 omnilex-key=us-la-statutes--rs-title-40--40:2009.24}

A. Nursing facilities shall have a generator or other Louisiana Department of Health
approved alternate electrical power source in the event of the loss of primary electrical power
in accordance with this Section.

B. The generator or alternate electrical power source shall have a simultaneous
capability of providing sufficient electrical power for all of the following:

(1) Life safety systems.

(2) Lighting in patient care areas.

(3) Medical equipment in patient care areas.

(4) Electrical components of the approved potable water system.

(5) Electrical components of the approved sewer systems.

(6) Operation of the nursing facility's medication dispensing and medication
refrigeration systems.

(7) Operation of the nursing facility's dietary services and related refrigeration.

(8) Operation of the nursing facility's laundry services.

(9)(a) For nursing facilities built or whose construction plans have been approved
by the department prior to August 1, 2022, HVAC systems or portions of systems required
to maintain a safe indoor temperature to be powered at a minimum fifty percent of the air
conditioning systems and fifty percent of the heating systems in the facility.

(b) For nursing facilities approved for construction and built on or after August 1,
2022, HVAC systems or portions of systems required to maintain a safe indoor temperature
to be powered at a minimum ninety percent of the air conditioning systems and ninety
percent of the heating systems in the facility.

C.(1) The generator or alternate electrical power source shall be permanently
installed onsite at the nursing facility and shall have fuel stored onsite at the nursing facility
or delivered prior to the emergency event, in the following quantities:

(a) For nursing facilities built or whose construction plans have been approved by
the department prior to August 1, 2022, an amount sufficient to operate the generator or
alternative electrical power source under full load for forty-eight hours.

(b) For nursing facilities approved for construction and built on or after August 1,
2022, an amount sufficient to operate the generator or alternative electrical power source
under full load for seventy-two hours.

(2) Natural gas is an allowable fuel source and meets the onsite fuel requirement if
there is an onsite propane tank sufficient in size to meet the fuel requirements provided for
in this Section.

D. Each nursing facility shall have fuel delivery agreements in place that will extend
the uninterrupted operation of the generator or alternative electrical power source under full
load to a total period of one hundred sixty-eight hours for a single emergency event. Nursing
facilities may interrupt operation of the generator or alternative electrical power source to
conduct routine maintenance as recommended by manufacturer's specifications.

E.(1) For nursing facilities built or whose construction plans have been approved by
the department prior to August 1, 2022, the Louisiana Department of Health may provide a
waiver for the permanently installed generator or alternative electrical power source required
by this Section if it is determined that there is not sufficient physical space available or a
governmental ordinance exists that makes it impossible to place a generator or alternative
electrical power source and the fuel required by this Section on the premises of the nursing
facility.

(2) Each nursing facility which receives a waiver pursuant to this Subsection shall
annually submit to the department for review and approval a plan to provide for the health
and safety of the facility's residents in the event of power loss. The annual plan may
incorporate but is not limited to mobile generators, chillers, or evacuation.

F. Nursing facilities shall meet the requirements of this Section no later than June
30, 2023. The department may grant a one-time extension, not to exceed six months, upon
written application by a nursing facility that compliance with this Section has been delayed
due to extraordinary and unforeseen circumstances. No extension shall be granted if the
nursing facility fails to provide sufficient evidence of substantial compliance or good faith
efforts to comply with the requirement deadline provided for in this Subsection.

*Acts 2022, No. 253, §1, eff. June 3, 2022.*

##### **§ 40:2009.25** Emergency preparedness plans for nursing homes; requirements; Nursing Home Emergency Preparedness Review Committee; rules and regulations {#sec-40-2009.25 omnilex-key=us-la-statutes--rs-title-40--40:2009.25}

A. As used in this Section, the following terms have the meaning ascribed to them
in this Subsection:

(1) "Department" means the Louisiana Department of Health.

(2) "Local office of emergency preparedness" means a parish office of homeland
security and emergency preparedness established pursuant to R.S. 29:727.

(3) "Nursing home" means a nursing home or nursing facility as defined in R.S.
40:2009.2 which is licensed by the Louisiana Department of Health in accordance with the
requirements of R.S. 40:2009.3.

B. Each nursing home shall continue to utilize its emergency preparedness plan that
was in effect on March 1, 2022, until the process provided for in Subsection C or D of this
Section, whichever is applicable, has been completed. However, during this period, if a
nursing home updates or amends its emergency preparedness plan pursuant to nursing home
licensing rules in effect at the time, then the nursing home shall utilize the updated
emergency preparedness plan until the process provided for in Subsection C or D of this
Section, whichever is applicable, has been completed.

C.(1) The provisions of this Subsection shall apply to each nursing home located in
the parishes of Acadia, Ascension, Assumption, Calcasieu, Cameron, Iberia, Jefferson,
Jefferson Davis, Lafayette, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St.
James, St. John the Baptist, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and
Vermilion.

(2) Each nursing home located in a parish listed in Paragraph (1) of this Subsection
shall develop an emergency preparedness plan that comports with the requirements of this
Subsection. Each such plan shall include and identify, at a minimum, all of the following:

(a) A primary evacuation site and a secondary evacuation site, verified by one or
more contracts or other written agreements, as well as any other alternative evacuation sites
that the nursing home may have.

(b) Proof of transportation or a contract with a transportation company, verified by
a written transportation agreement or contract.

(c) Staffing patterns for evacuation, including contact information for facility staff.

(d) Detailed provisions which address supply of emergency electrical power in
instances when primary electrical power in the nursing home is lost but evacuation from the
nursing home is not required.

(e) Any data, other information, documentation, or other content required by
administrative rules of the department.

(3) Each nursing home located in a parish listed in Paragraph (1) of this Subsection
shall submit a copy of its full, updated emergency preparedness plan to the department in
electronic format. The emergency preparedness plan shall be signed by the nursing home's
owner or owners, or any designee of such parties, and its administrator.

(4)(a) The department shall conduct a review of each nursing home emergency
preparedness plan submitted to it in accordance with Paragraph (3) of this Subsection.

(b) The departmental review required by this Paragraph shall include transmittal of
each nursing home emergency preparedness plan to all of the following entities for review
by those entities:

(i) The office of state fire marshal.

(ii) The Governor's Office of Homeland Security and Emergency Preparedness.

(iii) The Department of Transportation and Development.

(iv) The Louisiana Emergency Response Network.

(v) The local office of emergency preparedness of the parish in which the nursing
home is located.

(vi) The local office of emergency preparedness of any parish in which an evacuation
site, including any unlicensed sheltering site, as identified in the nursing home's emergency
preparedness plan is located.

(c) The departmental review required by this Paragraph may include transmittal to
any other local, parish, regional, or other state agencies or entities for consultation as the
department deems appropriate. Each such agency or entity shall cooperate and contribute
to the department's review and approval process.

(5) Each entity listed in Subparagraph (4)(b) of this Subsection shall review each
nursing home emergency preparedness plan submitted to it and shall submit one of the
following documents to the department within ninety days of receipt of the emergency
preparedness plan from the department:

(a) A letter of preliminary approval of the nursing home's emergency preparedness
plan.

(b) A letter detailing what changes, amendments, or revisions to the emergency
preparedness plan are necessary.

(6) Any entity listed in Subparagraph (4)(b) of this Subsection that does not respond
to the department concerning a nursing home emergency preparedness plan within ninety
days of receipt of the plan shall be deemed to have granted preliminary approval to the plan.

(7) After review of a nursing home emergency preparedness plan and results of the
review of the plan by the entities listed in Subparagraph (4)(b) of this Subsection, the
department shall either approve the emergency preparedness plan or require changes,
amendments, or other revisions to the emergency preparedness plan. The department shall
notify the nursing home that submitted the plan in electronic format of the department's
decision.

(8) Within fifteen days of receipt by the nursing home of an electronic notification
from the department that requires changes, amendments, or revisions to the nursing home's
emergency preparedness plan, the nursing home shall update and revise its emergency
preparedness plan to incorporate the required changes, amendments, or revisions, and shall
return a copy of the updated and revised emergency preparedness plan to the department.

(9) Upon receipt of a nursing home's updated and revised emergency preparedness
plan, the department shall confirm that all required changes, amendments, or revisions have
been incorporated into the updated and revised emergency preparedness plan and shall
approve the emergency preparedness plan and issue an approval letter to the nursing home.
If the required changes, amendments, or revisions have not been incorporated, the
department shall reject the emergency preparedness plan and issue a letter of rejection to the
nursing home. The department may revoke or deny renewal of a license to a nursing home
that has received a letter of rejection of its emergency preparedness plan.

(10) Each nursing home shall transmit a copy of its final, approved emergency
preparedness plan and a copy of the approval letter from the department to the office of state
fire marshal and the applicable local office or office of emergency preparedness. The nursing
home shall submit the final, approved emergency preparedness plan in electronic format, if
available, to the recipients listed in this Paragraph. If the nursing home received a letter of
rejection from the department, the nursing home shall transmit a copy of that letter to the
office of state fire marshal and the applicable local office or office of emergency
preparedness.

(11) The review and approval of nursing home emergency preparedness plans by the
department and each entity listed in Subparagraph (4)(b) of this Subsection shall be
performed pursuant to the department's and those entities' respective areas of knowledge,
expertise, or jurisdiction.

D.(1) The provisions of this Subsection shall apply to each nursing home located in
the parishes of Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Caldwell,
Catahoula, Claiborne, Concordia, DeSoto, East Baton Rouge, East Carroll, East Feliciana,
Evangeline, Franklin, Grant, Iberville, Jackson, LaSalle, Lincoln, Livingston, Madison,
Morehouse, Natchitoches, Ouachita, Pointe Coupee, Rapides, Red River, Richland, Sabine,
St. Helena, St. Landry, Tensas, Union, Vernon, Washington, Webster, West Baton Rouge,
West Carroll, West Feliciana, and Winn.

(2) Each nursing home located in a parish listed in Paragraph (1) of this Subsection
shall develop an emergency preparedness plan that comports with the requirements of this
Subsection. Each such plan shall include and identify, at a minimum, all of the following:

(a) A primary evacuation site and a secondary evacuation site, verified by one or
more contracts or other written agreements, as well as any other alternative evacuation sites
that the nursing home may have.

(b) Proof of transportation or a contract with a transportation company, verified by
a written transportation agreement or contract.

(c) Staffing patterns for evacuation, including contact information for facility staff.

(d) Detailed provisions which address supply of emergency electrical power in
instances when primary electrical power in the nursing home is lost but evacuation from the
nursing home is not required.

(e) Any data, other information, documentation, or other content required by
administrative rules of the department.

(3) Each nursing home located in a parish listed in Paragraph (1) of this Subsection
shall submit a copy of its full, updated emergency preparedness plan to the department in
electronic format. The emergency preparedness plan shall be signed by the nursing home's
owner or owners, or any designee of such parties, and its administrator.

(4)(a) The department shall conduct a review of each nursing home emergency
preparedness plan submitted to it in accordance with Paragraph (3) of this Subsection.

(b) The departmental review required by this Paragraph shall include transmittal of
each nursing home emergency preparedness plan to all of the following entities for review
by those entities:

(i) The office of state fire marshal.

(ii) The Governor's Office of Homeland Security and Emergency Preparedness.

(iii) The Department of Transportation and Development.

(iv) The Louisiana Emergency Response Network.

(v) The local office of emergency preparedness of the parish in which the nursing
home is located.

(vi) The local office of emergency preparedness of any parish in which an evacuation
site, including any unlicensed sheltering site, as identified in the nursing home's emergency
preparedness plan is located.

(c) The departmental review required by this Paragraph may include transmittal to
any other local, parish, regional, or other state agencies or entities for consultation as the
department deems appropriate. Each such agency or entity shall cooperate and contribute
to the department's review and approval process.

(5) Each entity listed in Subparagraph (4)(b) of this Subsection shall review each
nursing home emergency preparedness plan submitted to it and shall submit one of the
following documents to the department within ninety days of receipt of the emergency
preparedness plan from the department:

(a) A letter of preliminary approval of the nursing home's emergency preparedness
plan.

(b) A letter detailing what changes, amendments, or revisions to the emergency
preparedness plan are necessary.

(6) Any entity listed in Subparagraph (4)(b) of this Subsection that does not respond
to the department concerning a nursing home emergency preparedness plan within ninety
days of receipt of the plan shall be deemed to have granted preliminary approval to the plan.

(7) After review of a nursing home emergency preparedness plan and results of the
review of the plan by the entities listed in Subparagraph (4)(b) of this Subsection, the
department shall either approve the emergency preparedness plan or require changes,
amendments, or other revisions to the emergency preparedness plan. The department shall
notify the nursing home that submitted the plan in electronic format of the department's
decision.

(8) Within fifteen days of receipt by the nursing home of an electronic notification
from the department that requires changes, amendments, or revisions to the nursing home's
emergency preparedness plan, the nursing home shall update and revise its emergency
preparedness plan to incorporate the required changes, amendments, or revisions, and shall
return a copy of the updated and revised emergency preparedness plan to the department.

(9) Upon receipt of a nursing home's updated and revised emergency preparedness
plan, the department shall confirm that all required changes, amendments, or revisions have
been incorporated into the updated and revised emergency preparedness plan and shall
approve the emergency preparedness plan and issue an approval letter to the nursing home.
If the required changes, amendments, or revisions have not been incorporated, the
department shall reject the emergency preparedness plan and issue a letter of rejection to the
nursing home. The department may revoke or deny renewal of a license to a nursing home
that has received a letter of rejection of its emergency preparedness plan.

(10) Each nursing home shall transmit a copy of its final, approved emergency
preparedness plan and a copy of the approval letter from the department to the office of state
fire marshal and the applicable local office or office of emergency preparedness. The nursing
home shall submit the final, approved emergency preparedness plan in electronic format, if
available, to the recipients listed in this Paragraph. If the nursing home received a letter of
rejection from the department, the nursing home shall transmit a copy of that letter to the
office of state fire marshal and the applicable local office or office of emergency
preparedness.

(11) The review and approval of nursing home emergency preparedness plans by the
department and each entity listed in Subparagraph (4)(b) of this Subsection shall be
performed pursuant to the department's and those entities' respective areas of knowledge,
expertise, or jurisdiction.

E.(1)(a) On or before October 31, 2023, and annually thereafter, each nursing home
located in a parish listed in Paragraph (C)(1) of this Section shall review its emergency
preparedness plan. In conducting the review required by this Subparagraph, a nursing home
shall consider any changes in state licensing rules and regulations and any changes in federal
rules and regulations for nursing homes adopted since the date of its last review of its
emergency preparedness plan.

(b) On or before October 31, 2024, and annually thereafter, each nursing home
located in a parish listed in Paragraph (D)(1) of this Section shall review its emergency
preparedness plan. In conducting the review required by this Subparagraph, a nursing home
shall consider any changes in state licensing rules and regulations and any changes in federal
rules and regulations for nursing homes adopted since the date of its last review of its
emergency preparedness plan.

(2) If a nursing home conducts a review in accordance with Paragraph (1) of this
Subsection and determines that no changes, modifications, or amendments to its emergency
preparedness plan are necessary, then the nursing home shall notify all of the following
entities of this determination on or before November first:

(a) The local office of emergency preparedness of the parish in which the nursing
home is located.

(b) The local office of emergency preparedness of any parish in which a sheltering
site, alternative sheltering site, or evacuation site, as identified in the nursing home's
emergency preparedness plan, is located.

(c) The office of state fire marshal.

(d) The department.

(3)(a) Each notification required by Paragraph (2) of this Subsection shall be in the
form of a written attestation signed by the owner or owners, or any designee of such parties,
and the administrator of the nursing home submitting the notification. A nursing home may
submit an attestation provided for in this Paragraph for no more than four consecutive years.

(b) If a nursing home has submitted an attestation provided for in Subparagraph (a)
of this Paragraph for four consecutive years, then, in the year following its last submission,
the nursing home shall furnish a full emergency preparedness plan in accordance with the
procedures provided in Paragraphs (4) through (12) of this Subsection.

(4)(a) If a nursing home conducts a review in accordance with Paragraph (1) of this
Subsection and determines that any changes, modifications, or amendments to its emergency
preparedness plan are necessary, or if a nursing home is required by Subparagraph (3)(b) of
this Subsection to furnish a full emergency preparedness plan, then the nursing home shall
submit its full emergency preparedness plan, inclusive of any updates and revisions, to the
department on or before November first. The full emergency preparedness plan shall be
signed by the nursing home's owner or owners, or any designee of such parties, and its
administrator.

(b) Each emergency preparedness plan shall include and identify, at a minimum, the
following:

(i) A primary evacuation site and a secondary evacuation site, verified by one or
more contracts or other written agreements, as well as any other alternative evacuation sites
that the nursing home may have.

(ii) Proof of transportation or a contract with a transportation company, verified by
written transportation agreement or contract.

(iii) Staffing patterns for evacuation, including contact information for facility staff.

(iv) Detailed provisions which address supply of emergency electrical power in
instances when primary electrical power in the nursing home is lost but evacuation from the
nursing home is not required.

(v) Any data, other information, documentation, or other content required by
administrative rules of the department.

(5) The department shall conduct a review of each nursing home emergency
preparedness plan submitted to it in accordance with Subparagraph (4)(a) of this Subsection.

(a) The departmental review required by this Paragraph shall include transmittal of
each nursing home emergency preparedness plan to all of the following entities for review
by those entities:

(i) The office of state fire marshal.

(ii) The Governor's Office of Homeland Security and Emergency Preparedness.

(iii) The Department of Transportation and Development.

(iv) The Louisiana Emergency Response Network.

(v) The local office of emergency preparedness of the parish in which the nursing
home is located.

(vi) The local office of emergency preparedness of any parish in which an evacuation
site, including any unlicensed sheltering site, as identified in the nursing home's emergency
preparedness plan is located.

(b) The departmental review required by this Paragraph may include transmittal to
any other local, parish, regional, or other state agencies or entities for consultation as the
department deems appropriate. Each such agency or entity shall cooperate and contribute
to the department's review and approval process.

(6) Each entity listed in Subparagraph (5)(b) of this Subsection shall review each
nursing home emergency preparedness plan submitted to it and shall submit one of the
following documents to the department within ninety days of receipt of the emergency
preparedness plan from the department:

(a) A letter of preliminary approval of the nursing home's emergency preparedness
plan.

(b) A letter detailing what changes, amendments, or revisions to the emergency
preparedness plan are necessary.

(7) Any entity listed in Subparagraph (5)(b) of this Subsection that does not respond
to the department concerning a nursing home emergency preparedness plan within ninety
days of receipt of the plan shall be deemed to have granted preliminary approval to the plan.

(8) After review of a nursing home emergency preparedness plan and results of the
review of the plan by the entities listed in Subparagraph (5)(b) of this Subsection, the
department shall either approve the emergency preparedness plan or require changes,
amendments, or other revisions to the emergency preparedness plan. On or before March
first, the department shall notify the nursing home that submitted the plan in electronic
format of the department's decision.

(9) Within fifteen days of receipt by the nursing home of an electronic notification
from the department that requires changes, amendments, or revisions to the nursing home's
emergency preparedness plan, the nursing home shall update and revise its emergency
preparedness plan to incorporate the required changes, amendments, or revisions, and shall
return a copy of the updated and revised emergency preparedness plan to the department.

(10) Upon receipt of a nursing home's updated and revised emergency preparedness
plan, the department shall confirm that all required changes, amendments, or revisions have
been incorporated into the updated and revised emergency preparedness plan and shall
approve the emergency preparedness plan and issue an approval letter to the nursing home.
If the required changes, amendments, or revisions have not been incorporated, the
department shall reject the emergency preparedness plan and issue a letter of rejection to the
nursing home. The department shall issue the approval letter or rejection letter required by
this Paragraph on or before May fifteenth. The department may revoke or deny renewal of
a license to a nursing home that has received a letter of rejection of its emergency
preparedness plan.

(11) On or before May thirty-first, each nursing home shall transmit a copy of its
final, approved emergency preparedness plan and a copy of the approval letter from the
department to the office of state fire marshal and the applicable local office or office of
emergency preparedness. The nursing home shall submit the final, approved emergency
preparedness plan in electronic format, if available, to the recipients listed in this Paragraph.
If the nursing home received a letter of rejection from the department, the nursing home shall
transmit a copy of that letter to the office of state fire marshal and the applicable local office
or office of emergency preparedness on or before May thirty-first.

(12) The review and approval of nursing home emergency preparedness plans by the
department and each entity listed in Subparagraph (5)(b) of this Subsection shall be
performed pursuant to the department's and those entities' respective areas of knowledge,
expertise, or jurisdiction.

F. With respect to emergency preparedness among nursing homes, the department
shall do all of the following:

(1) After considering any recommendations provided by the Nursing Home
Emergency Preparedness Review Committee, prescribe and publish, in accordance with the
Administrative Procedure Act, rules pertaining to emergency preparedness by nursing homes.
The rules shall include but not be limited to all of the following:

(a) Requirements for nursing homes relating to emergency preparedness.

(b) Requirements for the content of nursing home emergency preparedness plans.

(c) Requirements for the process by which the department reviews nursing home
emergency preparedness plans.

(d) Procedures for addressing situations wherein a nursing home makes changes to
its emergency preparedness plan on a schedule which deviates from that provided in
Subsection E of this Section.

(e) Minimum requirements for nursing homes which serve as evacuation sites for
other nursing homes.

(f) Minimum requirements for nonlicensed sheltering sites identified in nursing
home emergency preparedness plans.

(g) Any rule recommended or proposed by the Nursing Home Emergency
Preparedness Review Committee and approved by the secretary of the department.

(2) Review and approve nursing home emergency preparedness plans in accordance
with its duly adopted rules and the applicable requirements of this Section.

(3) Prepare findings based upon its review of nursing home emergency preparedness
plans, including any summaries of after-action reports as the secretary of the department
deems appropriate, to present to the Nursing Home Emergency Preparedness Review
Committee.

G.(1) The legislature hereby creates within the department the Nursing Home
Emergency Preparedness Review Committee, referred to hereafter in this Subsection as the
"committee." The committee shall be composed as provided in Paragraph (2) of this
Subsection and shall convene at least annually. The purposes and duties of the committee
shall include reviewing the findings of the department with respect to nursing home
emergency preparedness plans submitted to the department in accordance with the
requirements of this Section. From its review of such findings and summaries of after-action
reports, the committee shall develop and provide to the department recommendations for
licensing regulations which address risks and threats; manpower issues for loading,
transporting, and unloading residents; evacuation site locations; and evacuation site staffing
in order to promote the health, safety, and welfare of nursing home residents.

(2) The committee shall be composed of the following members, all of whom shall
serve on the committee without compensation:

(a) The secretary of the department or his designee.

(b) The undersecretary of the department or his designee.

(c) The state health officer or his designee.

(d) The emergency preparedness manager of the health standards section of the
department, who shall serve as the chairperson of the committee.

(e) Five members appointed by the secretary of the department who are directors or
managers of parish or municipal offices of emergency preparedness.

(f) The secretary of the Department of Transportation and Development or his
designee.

(g) The executive director of the Louisiana Nursing Home Association.

(h) The chairperson of the emergency preparedness committee of the Louisiana
Nursing Home Association.

(i) The executive director of LeadingAge Gulf States.

(j) Six members appointed by the secretary of the department who are owners or
administrators of nursing homes. The secretary shall select such members in a manner that
provides for geographic diversity among the facilities represented by this member cohort.

(k) The long-term care ombudsman of the governor's office of elderly affairs or his
designee.

(l) The executive director of Disability Rights Louisiana or his designee.

(m) The director of the Governor's Office of Homeland Security and Emergency
Preparedness or his designee.

(n) The director of the Louisiana Medicaid program of the department or his
designee.

(o) The assistant secretary of the office of aging and adult services of the department
or his designee.

(3) Any rule recommended or proposed by the committee shall be subject to review
by and approval of the secretary of the department. If approved by the secretary, the
department shall promulgate the rule in accordance with the Administrative Procedure Act.

H.(1) Each nursing home's emergency preparedness plan shall identify at a minimum
a primary evacuation site location and a secondary evacuation site location for emergencies
or disasters. Such evacuation site locations may include the premises of other licensed
nursing homes, nonlicensed sheltering sites, or both.

(2)(a) The local office of emergency preparedness of the parish in which a
nonlicensed sheltering site is located shall inspect the site prior to October 15, 2022, and
annually thereafter. The office shall inspect any new nonlicensed sheltering site identified
after May 31, 2023, in a nursing home emergency preparedness plan within thirty days of
receiving the plan and annually thereafter. The office may inspect the nonlicensed sheltering
site at such other times as the director of the office deems necessary or appropriate.

(b) On an annual basis, and whenever requested by the secretary of the department,
the office of state fire marshal shall inspect each nonlicensed sheltering site identified in a
nursing home emergency preparedness plan to determine the suitability and capacity of the
site. The office of state fire marshal may inspect the nonlicensed sheltering site at other
times as it deems necessary or appropriate.

(c) On an annual basis, the department shall inspect and survey nonlicensed
sheltering sites identified in nursing home emergency preparedness plans. The purpose of
such inspections and surveys shall be to determine the appropriateness and suitability of the
site and whether it can comply with requirements for nursing home evacuations before,
during, and after an evacuation. Any refusal by a nonlicensed sheltering site to allow an
inspection or survey of the site by the department may result in disqualification of the
nonlicensed sheltering site. If such a refusal to allow an inspection or survey occurs when
nursing home residents are being sheltered at the site, the department may revoke the license
of the nursing home that evacuated residents to the site.

(d) Any nursing home that decides to evacuate residents to a nonlicensed sheltering
site shall notify the department of this decision within one hour of the decision being made.
Upon receipt of such notification, the department's licensing section and the office of public
health shall conduct a site visit at the nonlicensed sheltering site unless time, weather
conditions, or other factors do not allow for such visit. The department may conduct onsite
inspections of the nonlicensed shelter site at any time deemed necessary or appropriate by
the secretary of the department. Such authority of the department shall be in addition to its
authority to conduct onsite surveys of the licensed nursing home, regardless of location.

(e) If any nonlicensed sheltering site is located outside of Louisiana, the office of
state fire marshal and the department shall coordinate with their state agency counterparts
in the state in which the site is located for inspection, review, approval, and surveys of the
site.

I.(1) Neither the state, the department, the Department of Transportation and
Development, the office of state fire marshal, nor the Governor's Office of Homeland
Security and Emergency Preparedness nor, except in the case of willful misconduct, any
employee or representative of such entities and offices, engaged in the emergency
preparedness activities and responsibilities as established in this Section or in the rules and
regulations promulgated pursuant to the provisions of this Section, shall be liable for the
death of or any injury to persons or damage to property as a result of such activity. The state
and all departments, employees, and representatives thereof shall be immune from any claim
based upon the exercise or performance of, or the failure to exercise or perform, the duties
as established in this Section or in the rules and regulations promulgated pursuant to the
provisions of this Section.

(2) Except in the case of willful misconduct, no member of the Nursing Home
Emergency Preparedness Review Committee engaged in the emergency preparedness
activities and responsibilities as established in this Section or in the rules and regulations
promulgated pursuant to the provisions of this Section shall be liable for the death of or any
injury to persons or damage to property as a result of such activity. The members of the
Nursing Home Emergency Preparedness Review Committee shall be immune from any claim
based upon the exercise or performance of, or the failure to exercise or perform, the duties
as established in this Section or in the rules and regulations promulgated pursuant to the
provisions of this Section.

(3) Neither the local office of emergency preparedness, nor, except in the case of
willful misconduct, any employee or representative of the local office of emergency
preparedness, engaged in the emergency preparedness activities and responsibilities as
established in this Section, or in the rules and regulations promulgated pursuant to the
provisions of this Section, shall be liable for the death of or any injury to persons or damage
to property as a result of such activity. The local office of emergency preparedness and its
employees and representatives shall be immune from any claim based on the exercise or
performance of, or the failure to exercise or perform, the duties as established in this Section
or in the rules and regulations promulgated pursuant to the provisions of this Section.

(4)(a) For purposes of this Paragraph, "LERN" means the Louisiana Emergency
Response Network established and provided for in Chapter 34 of this Title.

(b) Neither LERN nor the LERN board, nor, except in the case of willful
misconduct, any board member, employee, or representative of LERN or the LERN board,
engaged in the emergency preparedness activities and responsibilities as established in this
Section or in the rules and regulations promulgated pursuant to the provisions of this Section,
shall be liable for the death of or any injury to persons or damage to property as a result of
such activity. LERN, the LERN board, and the employees and representatives of LERN and
the LERN board shall be immune from any claim based on the exercise or performance of,
or the failure to exercise or perform, the duties as established in this Section or in the rules
and regulations promulgated pursuant to the provisions of this Section.

J.(1) Nothing in this Section shall be construed to prohibit the department from
taking action against a nursing home for a deficiency cited during an emergency or disaster.

(2) Implementation and execution of an emergency preparedness plan shall be the
duty and responsibility of the nursing home.

K. The provisions of this Section shall be in addition to all other licensing and
certification laws, standards, rules, and regulations for nursing homes.

*Acts 2006, No. 540, §2, eff. June 22, 2006; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2022, No. 479, §1; Acts 2022, No. 522, §1, eff. June 16, 2022; Acts 2022, No. 597, §1, eff. June 18, 2022; Acts 2023, No. 3, §1.*

##### **§ 40:2009.31** [Blank] {#sec-40-2009.31 omnilex-key=us-la-statutes--rs-title-40--40:2009.31}

*[Blank]*

##### **§ 40:2009.32** [Blank] {#sec-40-2009.32 omnilex-key=us-la-statutes--rs-title-40--40:2009.32}

*[Blank]*

##### **§ 40:2009.33** [Blank] {#sec-40-2009.33 omnilex-key=us-la-statutes--rs-title-40--40:2009.33}

*[Blank]*

##### **§ 40:2009.34** [Blank] {#sec-40-2009.34 omnilex-key=us-la-statutes--rs-title-40--40:2009.34}

*[Blank]*

##### **§ 40:2009.35** [Blank] {#sec-40-2009.35 omnilex-key=us-la-statutes--rs-title-40--40:2009.35}

*[Blank]*

##### **§ 40:2009.36** [Blank] {#sec-40-2009.36 omnilex-key=us-la-statutes--rs-title-40--40:2009.36}

*[Blank]*

##### **§ 40:2009.37** [Blank] {#sec-40-2009.37 omnilex-key=us-la-statutes--rs-title-40--40:2009.37}

*[Blank]*

##### **§ 40:2009.38** [Blank] {#sec-40-2009.38 omnilex-key=us-la-statutes--rs-title-40--40:2009.38}

*[Blank]*

##### **§ 40:2009.39** [Blank] {#sec-40-2009.39 omnilex-key=us-la-statutes--rs-title-40--40:2009.39}

*[Blank]*

##### **§ 40:2009.40** [Blank] {#sec-40-2009.40 omnilex-key=us-la-statutes--rs-title-40--40:2009.40}

*[Blank]*

##### **§ 40:2009.41** Repealed by Acts 1985, No. 912, §2. {#sec-40-2009.41 omnilex-key=us-la-statutes--rs-title-40--40:2009.41}

*Repealed by Acts 1985, No. 912, §2.*

##### **§ 40:2009.42** Disclosure of ownership of nursing homes; penalties {#sec-40-2009.42 omnilex-key=us-la-statutes--rs-title-40--40:2009.42}

A. Any person who is employed by the state of Louisiana or any agency or department thereof which regulates or licenses nursing homes and who has any ownership, interest, or is the owner, in whole or in part, of any mortgage, deed of trust, note, or other obligation secured by a nursing home licensed in this state shall disclose such information to the state licensing authority, except for those nursing homes operated by a political subdivision of the state of Louisiana.

B. Whoever violates any provision of this Section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars.

*Added by Acts 1975, No. 763, §1.*

##### **§ 40:2009.43** Culinary therapy authorized {#sec-40-2009.43 omnilex-key=us-la-statutes--rs-title-40--40:2009.43}

Notwithstanding any contrary provision of law, rule, or regulation of any department or agency, or any local ordinance or code, licensed nursing homes or long-term care facilities may provide culinary therapy as part of a planned patient activity program for residents of said facilities.

*Added by Acts 1980, No. 474, §1.*

##### **§ 40:2009.44** Nursing home leave of absence days {#sec-40-2009.44 omnilex-key=us-la-statutes--rs-title-40--40:2009.44}

Notwithstanding any other provision of law to the contrary, the
Louisiana Department of Health shall promulgate rules and regulations which
allow payment for up to seven leave-of-absence days per spell of illness, at a
minimum, for each nursing home facility resident who is Medicaid-eligible,
when the resident has been admitted as an inpatient to another licensed health
care facility. Further, the department shall promulgate rules and regulations
which allow payment for up to fifteen leave-of-absence days per year, at a
minimum, for each nursing facility resident who is Medicaid-eligible, when the
resident leaves such nursing facility on home leave.

*Acts 1997, No. 1397, §1, eff. July 1, 1998.*

##### **§ 40:2009.45** Personal needs allowance {#sec-40-2009.45 omnilex-key=us-la-statutes--rs-title-40--40:2009.45}

A. The Louisiana Department of Health shall set the monthly personal needs
allowance for an institutionalized individual to an amount not less than fifty dollars and the
monthly personal needs allowance for an institutionalized couple to an amount not less than
one hundred dollars.

B. The Louisiana Department of Health may submit a waiver or a state plan
amendment to the Centers for Medicare and Medicaid Services in order to secure federal
financial participation for the provisions of this Section.

*Acts 2025, No. 259, §1, eff. June 11, 2025.*

##### **§ 40:2010** Itemized statement of billed services by hospitals {#sec-40-2010 omnilex-key=us-la-statutes--rs-title-40--40:2010}

Not later than ten business days after the date of discharge, each
hospital in the state which is licensed by the Louisiana Department of Health
shall have available an itemized statement of billed services for individuals
who have received the services from the hospital. The availability of the
statement shall be made known to each individual who receives service from
the hospital before the individual is discharged from the hospital, and a
duplicate copy of the billed services statement shall be presented to each
patient within the specified ten day period. No insurance company, employee
benefit trust, self-insurance plan, or other entity which is obligated to
reimburse the individual or to pay for him or on his behalf the charges for the
services rendered by the hospital shall pay those benefits to the individual
when the itemized statement submitted to such entity clearly indicates that the
individual's rights to those benefits have been assigned to the hospital. When
any insurance company, employee benefit trust, self-insurance plan, or other
entity has notice of such assignment prior to such payment, any payment to the
insured shall not release said entity from liability to the hospital to which the
benefits have been assigned, nor shall such payment be a defense to any action
by the hospital against that entity to collect the assigned benefits. However,
an interim statement shall be provided when requested by the patient or his
authorized agent.

*Acts 1986, No. 1036, §1, eff. Jan. 1, 1987; Acts 1989, No. 475, §1, eff. Jan. 1, 1990.*

##### **§ 40:2010.1** Definitions {#sec-40-2010.1 omnilex-key=us-la-statutes--rs-title-40--40:2010.1}

For the purpose of R.S. 40:2010.1 through R.S. 40:2010.5 unless the context
otherwise requires:

(1) "Agency" means any department, division, office, bureau, board,
commission, authority, or any other agency or instrumentality created by the state, or
to which the state is a party, or by any parish or municipality, which is responsible
for the regulation, visitation, inspection, or supervision of facilities, or which
provides services to patients, residents, or clients of facilities.

(2) "Facility" means any nursing home or board and care home licensed by
the state or required to be licensed by the state under the terms of R.S. 40:2009.1
through R.S. 40:2009.12, and R.S. 40:2151-2163.

(3) "Office" means the office of the state long term care ombudsman in the
office of elderly affairs in the office of the governor.

(4) "Ombudsman" means the administrator of the office of the state
ombudsman created pursuant to R.S. 40:2010.1 through R.S. 40:2010.5 in the office
of elderly affairs.

(5) "Representative" means any person who meets the qualifications and
completes the training required by the office of the state long term care ombudsman,
as specified by administrative rule, and who is currently in good standing with the
office of the state long term care ombudsman as a local ombudsman.

(6) "Resident" means, any person who is a resident or client of a facility.

*Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.*

##### **§ 40:2010.2** Establishment of the office of the ombudsman {#sec-40-2010.2 omnilex-key=us-la-statutes--rs-title-40--40:2010.2}

The office of the state long-term care ombudsman is established in the
office of elderly affairs for the purpose of assisting residents of facilities
within this state. The office shall by administrative rule specify the
educational and professional requirements for such ombudsman. Nothing
contained in R.S. 40:2010.1 through 2010.5 shall be construed to supersede or
modify the ultimate authority exercised over nursing homes by the Louisiana
Department of Health pursuant to R.S. 40:2009.1 et seq.

*Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1; Acts 1997, No. 1264, §1.*

##### **§ 40:2010.3** Ombudsman; functions and responsibilities {#sec-40-2010.3 omnilex-key=us-la-statutes--rs-title-40--40:2010.3}

A. The ombudsman shall have the following functions and responsibilities:

(1) To visit facilities on a regular basis in order to become acquainted with
residents, residents' families, facility administration and facility personnel; to
promote community involvement with residents of facilities; to serve as a liaison
between residents, residents' families, facility personnel and facility administration.

(2) To encourage residents in self-advocacy when problems are expressed
and to make recommendations to the facility administration for the appropriate
resolution of the problem.

(3) To promote the development of citizen organizations to participate in the
ombudsman program.

(4) To make referrals and recommendations to the Louisiana Department of
Health and the Department of Children and Family Services, where such referral is
appropriate.

(5) To provide for the training of the ombudsman, including volunteers and
other representatives of the ombudsman, in:

(a) Federal, state, and local laws and regulations, and policies with respect
to long term care facilities in state.

(b) Investigative techniques.

(c) Such other matters as the office deems appropriate.

(6) To provide reports to the oversight subcommittee of the joint committee
on health and welfare as the subcommittee may require.

B. No officer, employee, or other representative of the office of the state long
term care ombudsman may investigate any complaint filed with the office unless the
individual has received such training as may be required under Paragraph (A)(5) of
this Section and has been approved by the long term care ombudsman as qualified
to investigate such complaints.

*Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.*

##### **§ 40:2010.4** Ombudsman; powers; prohibition of interference; penalties {#sec-40-2010.4 omnilex-key=us-la-statutes--rs-title-40--40:2010.4}

A. The ombudsman shall have immediate access to any resident in the reasonable pursuit of his functions and responsibilities, shall inform the administrator or person in charge of his presence upon entering the facility, and shall perform his duties in the manner least disruptive of patient care and activities.

B. In exercising its responsibilities, the office may engage in the following actions:

(1) Communicating privately and confidentially with residents of facilities.

(2) Reviewing or obtaining any books, files, medical, social or financial records, or other relevant records pertaining to a particular resident, provided written consent is obtained from such resident or his legal representative.

(3) The office of the state long term care ombudsman will establish procedures, through the Administrative Procedure Act, for appropriate access by ombudsman to long term care facilities and patient's records, including procedures to protect the confidentiality of such records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of such complainant or resident, or upon court order.

C. Willful interference with representatives of the office of the state long term care ombudsman in the performance of their official duties, as defined by state and federal laws and regulations, shall be unlawful. Retaliation and reprisals by a long term care facility or other entity with respect to any resident or employee of a long term care facility for having filed a complaint with or provided information to the office of the state long term care ombudsman is prohibited. Any person who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than one hundred or more than five hundred dollars.

D. No representative of the office of the state long term care ombudsman will be liable under state law for the good faith performance of official duties as defined by state and federal laws and regulations.

*Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.*

##### **§ 40:2010.5** Confidentiality of records; liability {#sec-40-2010.5 omnilex-key=us-la-statutes--rs-title-40--40:2010.5}

The ombudsman and any agency that receives information from the ombudsman shall maintain as confidential all matters relating to any inquiry or referral, including the identities of the residents, unless the resident or a legal representative consents in writing to the disclosure or unless ordered by a court to do so.

*Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.*

##### **§ 40:2010.6** Legislative intent {#sec-40-2010.6 omnilex-key=us-la-statutes--rs-title-40--40:2010.6}

The legislature finds that persons residing within nursing homes are isolated from the community and often lack the means to assert their rights as individual citizens. The legislature further recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and some personal freedom. It is therefore the intent of the legislature to preserve the dignity and personal integrity of residents of nursing homes through the recognition and declaration of rights safeguarding against encroachments upon nursing home residents' right to self-determination. It is further the intent that the provisions of R.S. 40:2010.6 through R.S. 40:2010.9 complement and not duplicate or substitute for other survey and inspection programs regarding nursing homes.

*Added by Acts 1985, No. 734, §1, eff. July 17, 1985.*

##### **§ 40:2010.7** Definitions {#sec-40-2010.7 omnilex-key=us-la-statutes--rs-title-40--40:2010.7}

For the purpose of R.S. 40:2010.6 through R.S. 40:2010.9, unless the context
otherwise requires:

(1) "Ancillary service" means, but is not limited to, podiatry, dental,
audiology, vision, physical therapy, occupational therapy, psychological and social
services, and planning services.

(2) "Chemical restraint" includes any drug listed in the schedules of
controlled substances under R.S. 40:964 as a substance having a depressant effect on
the central nervous system, or chlorpromazine hydrochloride.

(3) "Physical restraint" means, but is not limited to, any article, device, or
garment that interferes with the free movement of the resident and that he is unable
to remove easily. It also includes a geriatric chair and a locked room door.

(4) "Sponsor" means an adult relative, friend, or guardian of a resident who
has an interest or responsibility in the resident's welfare, and preferably who is
designated as the responsible party on the resident's admission forms.

*Added by Acts 1985, No. 734, §1, eff. July 17, 1985.*

##### **§ 40:2010.8** Residents' bill of rights {#sec-40-2010.8 omnilex-key=us-la-statutes--rs-title-40--40:2010.8}

A. All nursing homes shall adopt and make public a statement of the rights and
responsibilities of the residents residing therein and shall treat such residents in accordance
with the provisions of the statement. The statement shall assure each resident the following:

(1) The right to civil and religious liberties, including but not limited to knowledge
of available choices, the right to independent personal decision, and the right to
encouragement and assistance from the staff of the facility in the fullest possible exercise of
these civil and religious rights.

(2)(a) The right to private and uncensored communications, including but not limited
to receiving and sending unopened correspondence; access to a telephone; and overnight
visitation outside the facility with family and friends in accordance with nursing home
policies, physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social
Security Act regulations, without the loss of his bed.

(b) The right to be granted immediate access to the following:

(i) Any representative of the secretary of the United States Department of Health and
Human Services.

(ii) Any representative of the state acting pursuant to his duties and responsibilities
under state or federal law.

(iii) The resident's individual physician.

(iv) The state long term care ombudsman.

(v) The agency responsible for the protection of and the advocacy system for persons
with developmental disabilities.

(vi) The agency responsible for the protection of and the advocacy system for
persons with mental illness.

(vii) Immediate family members, other relatives of the resident, and the resident's
clergy subject to the resident's right to deny or withdraw consent at any time.

(viii) Others who are visiting with the consent of the resident, subject to reasonable
restrictions and the resident's right to deny or withdraw consent at any time.

(c) The facility shall provide reasonable access to any resident by any entity or
individual that provides health, social, legal, or other services to the resident, subject to the
resident's right to deny or withdraw consent at any time.

(d) Reasonable restrictions are those imposed by the facility that protect the security
of all the facility's residents. The facility may change the location of visits to assist care
giving or protect the privacy of other residents.

(3) The right to present grievances on behalf of himself or others to the nursing
home's staff or administrator, to governmental officials, or to any other person; to
recommend changes in policies and services to nursing home personnel; and to join with
other residents or individuals within or outside the home to work for improvements in
resident care, free from restraint, interference, coercion, discrimination, or reprisal. This
right includes access to the resident's sponsor and the Louisiana Department of Health and
the right to be a member of, to be active in, and to associate with advocacy or special interest
groups.

(4) The right to manage his own financial affairs or to delegate such responsibility
to the nursing home, but this delegation may be only to the extent of the funds held in trust
by the home for the resident. A quarterly accounting of any transactions made on behalf of
the resident shall be furnished to the resident and his sponsor if requested. A copy shall be
retained in the resident's records on file in the home.

(5) The right to be fully informed, in writing and orally, prior to or at time of
admission and during his stay, of services not covered under Title XVIII or Title XIX of the
Social Security Act or not covered by the basic per diem rates and of bed reservation and
refund policies of the home.

(6) The right to be adequately informed of his medical condition and proposed
treatment; to participate in the planning of all medical treatment, including the right to refuse
medication and treatment; and to be informed of the consequences of such actions.

(7) The right to receive adequate and appropriate health care and protective and
support services, including services consistent with the resident care plan, with established
and recognized practice standards within the community, and with rules promulgated by the
Louisiana Department of Health.

(8) The right to have privacy in treatment and in caring for personal needs; to have
closed room doors, and to have facility personnel knock before entering the room, except in
case of an emergency; to have confidentiality in the treatment of personal and medical
records; and to be secure in storing and using personal possessions, subject to applicable state
and federal health and safety regulations and the rights of other residents. Privacy of the
resident's body shall be maintained during but not limited to toileting, bathing, and other
activities of personal hygiene, except as needed for resident safety or assistance.

(9) The right to be treated courteously, fairly, and with the fullest measure of dignity
and to receive a written statement and oral explanations of the services provided by the
home, including statements and explanations required to be offered on an as-needed basis.

(10) The right to be free from mental and physical abuse; and the right to be free
from any physical or chemical restraint imposed for the purposes of discipline or
convenience, and not required to treat the resident's medical symptoms.

(11)(a) The right to be transferred or discharged only if necessary for his welfare and
if his needs cannot be met in the facility; his health has improved sufficiently so that he no
longer needs the services provided by the facility; the safety of individuals in the facility is
endangered; the health of individuals in the facility would otherwise be endangered; he has
failed after reasonable and appropriate notice to pay or have paid for a stay at the facility; or
the facility ceases to operate.

(b) Both the resident and his legal representative or interested family member, if
known and available, have the right to be notified in writing in a language and manner they
understand of the transfer and discharge. The notice must be given no less than thirty days
in advance of the proposed action, except that the notice may be given as soon as is
practicable prior to the action in the case of an emergency. In facilities not certified to
provide services under Title XVIII or Title XIX of the Social Security Act, the advance
notice period may be shortened to fifteen days for nonpayment of a bill for a stay at the
facility.

(c) The resident or his legal representative or interested family member, if known
and available, has the right to appeal any transfer or discharge to the Louisiana Department
of Health, which shall provide a fair hearing in all such appeals.

(d) The facility must ensure that the transfer or discharge is effectuated in a safe and
orderly manner. The resident and his legal representative or interested family member, if
known and available, shall be consulted in choosing another facility if facility placement is
required.

(12) The right to select a personal physician; to obtain pharmaceutical supplies and
services from a pharmacy of the resident's choice, at the resident's own expense or through
Title XVIII or Title XIX of the Social Security Act; and to obtain information about, and to
participate in, community-based activities and programs unless such participation would
violate infection control or quarantine laws or regulations.

(13) The right to retain and use personal clothing and possessions as space permits,
unless to do so would infringe upon the rights of other residents. Clothing need not be
provided to the resident by the home except in emergency situations. If provided, it shall be
of reasonable fit.

(14) The right to have copies of the nursing home's rules and regulations and an
explanation of the resident's responsibility to obey all reasonable rules and regulations of the
nursing home and of his responsibility to respect the personal rights and private property of
other residents.

(15) The right to be informed of the bed reservation policy for a hospitalization. The
nursing home shall inform a private pay resident and his responsible party or sponsor that his
bed shall be reserved for any single hospitalization for a period up to thirty days, provided
the nursing home receives reimbursement. Notice shall be provided within twenty-four
hours of the hospitalization.

(16) The right to receive a prompt response to all reasonable requests and inquiries.

(17) The right of the resident to withhold payment for physician visitation if the
physician did not examine the resident.

(18) The right to refuse to serve as a medical research subject without jeopardizing
access to appropriate medical care.

(19) The right to use tobacco at his own expense under the home's safety rules and
under applicable laws and rules of the state, unless the facility's written policies preclude
smoking in patient rooms.

(20) The right to consume a reasonable amount of alcoholic beverages at his own
expense, unless not medically advisable as documented in his medical record by the
attending physician, or unless alcohol is contraindicated with any of the medications in the
resident's current regime or unless expressly prohibited by published rules and regulations
of a nursing home owned and operated by a religious denomination which has abstinence
from the consumption of alcoholic beverages as a part of its religious belief.

(21) The right to retire and rise in accordance with the resident's personal preference.

(22) The right to have any significant change in his health status immediately
reported to him and his legal representative or interested family member, if known and
available, as soon as such a change is known to the home's staff.

(23) The right to receive a copy of the most recent Louisiana Department of Health
annual licensing survey results, provided by the nursing home.

(24) The right to have a monitoring device installed in his room in accordance with
the Nursing Home Virtual Visitation Act, R.S. 40:1193.1 et seq.

B. A sponsor may act on a resident's behalf to assure that the nursing home does not
deny the resident's rights under the provisions of R.S. 40:2010.6 et seq., and no right
enumerated therein may be waived for any reason whatsoever.

C. Each nursing home shall provide a copy of the statement required by Subsection
A of this Section to each resident and sponsor upon or before the resident's admission to the
home and to each staff member of the home. The statement shall also advise the resident and
his sponsor that the nursing home is not responsible for the actions or inactions of other
persons or entities not employed by the facility, such as the resident's treating physician,
pharmacists, sitter, or other such persons or entities employed or selected by the resident or
his sponsor. Each home shall prepare a written plan and provide appropriate staff training
to implement the provisions of R.S. 40:2010.6 et seq., including but not limited to an
explanation of the following:

(1) The residents' rights and the staff's responsibilities in the implementation of those
rights.

(2) The staff's obligation to provide all residents who have similar needs with
comparable services as required by state licensure standards.

D.(1) Any violations of the residents' rights set forth in R.S. 40:2010.6 et seq. shall
constitute grounds for appropriate action by the Louisiana Department of Health. Residents
shall have a private right of action to enforce these rights, as set forth in R.S. 40:2010.9. The
state courts shall have jurisdiction to enjoin a violation of residents' rights and to assess fines
for violations not to exceed one hundred dollars per individual violation.

(2) In order to determine whether a home is adequately protecting residents' rights,
inspection of the home by the Louisiana Department of Health shall include private, informal
conversations with a sample of residents to discuss residents' experiences within the home
with respect to the rights specified in R.S. 40:2010.6 et seq., and with respect to compliance
with departmental standards.

E. Any person who submits or reports a complaint concerning a suspected violation
of residents' rights or concerning services or conditions in a home or health care facility or
who testifies in any administrative or judicial proceedings arising from such complaint shall
have immunity from any criminal or civil liability therefor, unless that person has acted in
bad faith with malicious purpose, or if the court finds that there was an absence of a
justiciable issue of either law or fact raised by the complaining party.

*Added by Acts 1985, No. 734, §1, eff. July 17, 1985. Amended by Acts 1995, No. 1148, §1; Acts 2003, No. 506, §1; Acts 2004, No. 295, §1; Acts 2010, No. 128, §1, eff. June 8, 2010; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 596, §1.*

##### **§ 40:2010.9** Civil enforcement {#sec-40-2010.9 omnilex-key=us-la-statutes--rs-title-40--40:2010.9}

A. Any resident who alleges that his rights, as specified in R.S.
40:2010.8, have been deprived or infringed upon may assert a cause of action
for injunctive relief against any nursing home or health care facility
responsible for the alleged violation. The action may be brought by the
resident or his curator, including a curator ad hoc. The action may be brought
in any court of competent jurisdiction to enforce such rights or to enjoin any
deprivation or infringement on the rights of a resident. Any plaintiff who
prevails in such action shall be entitled to recover reasonable attorney fees, and
costs of the action, unless the court finds that the losing plaintiff has acted in
bad faith with malicious purpose, and that there was an absence of a justiciable
issue of either law or fact, in which case the court shall award the prevailing
party his reasonable attorney fees.

B. The remedies provided in this Section shall not be construed to
restrict other legal and administrative remedies available to a resident and to
the Louisiana Department of Health or other governmental agencies.

C. Any claim brought pursuant to R.S. 40:2010.8 et seq. shall be filed
in a court of competent jurisdiction within one year from the date of the
alleged act, omission or neglect, or within one year from the date of discovery
of the alleged act, omission or neglect; however, even as to claims filed within
one year from the date of such discovery, in all events such claims shall be
filed at the latest within a period of three years from the date of the alleged act,
omission or neglect. The provisions of this Section shall apply to all persons
whether or not infirm or under disability of any kind and including, but not
limited to, minors, interdicts and all persons adjudicated to be incompetent of
handling their own affairs.

*Added by Acts 1985, No. 734, §1, eff. July 17, 1985. Acts 1995, No. 1148, §1; Acts 2003, No. 506, §1.*

##### **§ 40:2010.10** Provision of annual licensing survey results to all residents and potential residents of nursing homes {#sec-40-2010.10 omnilex-key=us-la-statutes--rs-title-40--40:2010.10}

A. All nursing homes shall during the admission process provide notification to the applicant
that the applicant may receive a copy of the annual licensing survey as well as the telephone number
to report complaints, and the applicant shall sign stating they have been so notified.

B. The failure of a nursing home to comply with the provisions of this Section shall
constitute a violation of resident's rights as provided in R.S. 40:2010.8, et seq., and shall constitute
grounds for appropriate action by the Louisiana Department of Health.

*Acts 2004, No. 295, §1.*

##### **§ 40:2011** Immunization information; shingles; pneumonia {#sec-40-2011 omnilex-key=us-la-statutes--rs-title-40--40:2011}

A. No later than September first of each year and in accordance with the latest
recommendations of the Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention, the Louisiana Department of Health shall provide licensed
nursing homes with educational information on zoster, also known as shingles. The
educational information shall include, at a minimum, the risks associated with shingles and
how to protect oneself against the varicella-zoster virus. The licensed nursing homes shall
disseminate this information to their residents.

B. No later than September first of each year and in accordance with the latest
recommendations of the Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention, the Louisiana Department of Health shall provide licensed
nursing homes with educational information on pneumonia. The educational information
shall include, at a minimum, the risks associated with pneumonia and the availability of the
pneumococcal immunization. The licensed nursing homes shall disseminate this information
to their residents.

C. Nothing in this Section shall be construed to require any licensed nursing home
to provide or pay for any immunization against the varicella-zoster virus or pneumonia.

D. The Louisiana Department of Health shall provide the educational information
required by Subsections A and B of this Section through the posting of a link to its website
where the information can be downloaded by the licensed nursing homes.

*Acts 2016, No. 155, §1.*

##### **§ 40:2012** Repealed by Acts 1977, No. 680, §19 {#sec-40-2012 omnilex-key=us-la-statutes--rs-title-40--40:2012}

*Repealed by Acts 1977, No. 680, §19*

##### **§ 40:2012.1** Admission of indigent patients {#sec-40-2012.1 omnilex-key=us-la-statutes--rs-title-40--40:2012.1}

Any indigent person suffering with tuberculosis who has resided in
Louisiana for a period of one year may be admitted to any tuberculosis hospital
operated by the Louisiana Department of Health upon the recommendation of
any registered physician and upon being found by the superintendent of the
hospital to be a fit subject entitled to such admission.

*Added by Acts 1958, No. 34, §1. Amended by Acts 1977, No. 518, §1; 1977, No. 680, §20.*

##### **§ 40:2012.2** Admission of pay patients; disposition of proceeds {#sec-40-2012.2 omnilex-key=us-la-statutes--rs-title-40--40:2012.2}

Patients suffering with tuberculosis who are able to pay for hospitalization in a
hospital operated by the department shall reimburse the hospital for expenses of their
hospitalization, medical services, drugs, and medicines at rates to be fixed by the department,
and the proceeds of fees paid by such patients shall be transmitted to the state treasurer in
accordance with state laws.

*Added by Acts 1958, No. 34, §1; Amended by Acts 1977, No. 402, §1; Acts 2022, No. 271, §4.*

##### **§ 40:2012.3** Transportation of indigent patients to hospital; expenses {#sec-40-2012.3 omnilex-key=us-la-statutes--rs-title-40--40:2012.3}

A. Upon being shown the certificate of the superintendent of the hospital entitling
an indigent tuberculosis patient to admission to a state-owned tuberculosis hospital, the
parish sheriff shall arrange for the transportation of the patient to such hospital.

B. The sheriff may collect from the parish five cents per mile for the distance the
patient is transported from the parish to the hospital designated. Where more than one
patient is transported at a time, the sheriff shall receive five cents per mile for each patient
transported. This five cents per mile shall be made to cover any means of transportation,
sleeping accommodations, and sustenance of patients during their transportation. In addition
to these amounts, the sheriff may collect for his own expenses an additional five cents per
mile for each mile traveled in transporting the patient or patients to the hospital and in
returning. The sheriff shall take the most direct route possible in going to and returning from
the hospital. If any parish fails or refuses to pay the transportation charges to any sheriff
justly entitled to them, the sheriff may proceed by summary writ of mandamus in the district
court, without cost, against the governing authority of the parish to enforce payment.

*Added by Acts 1958, No. 34, §1; Acts 2022, No. 271, §4.*

##### **§ 40:2013** Louisiana Department of Health as mental health and developmental disabilities authority {#sec-40-2013 omnilex-key=us-la-statutes--rs-title-40--40:2013}

The Louisiana Department of Health in addition to other powers and duties conferred
upon it by this Chapter, is hereby designated as the sole agency:

(1) For carrying out the purposes of the National Mental Health Act, Public Law 79-487.^1^

(2) For carrying out the purposes of the Maternal and Child Health and Mental
Retardation Planning Amendments of 1963, Title VII of Public Law 88-156 in relation to
planning.^2^

(3) For carrying out the Mental Retardation Facilities Construction Act, Part C of
Title I of Public Law 88-164.^3^

(4) For carrying out the purposes of the Community Mental Health Centers Act, Title
II of Public Law 88-164.^4^

(5) For carrying out the purposes of the Alcohol, Drug Abuse and Mental Health
Administration Reorganization Act, Public Law 102-321^5^.

(6) To administer any and all federal grants in aid funds awarded to the state of
Louisiana and any state funds that may be appropriated or made available by the legislature
for the establishment and conduct of an approved mental health and developmental
disabilities program in the state of Louisiana as contemplated by the provisions of the
foregoing federal laws or the provisions of any state law relating to the subjects of this
Section.

Added by Acts 1958, No. 35, §1. Amended by Acts 1964, No. 170, §4; Acts 1977,
No. 680, §21; Acts 1997, No. 167, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.

^1^42 U.S.C.A. §§201 to 246.

^2^42 U.S.C.A. §701 et seq.

^3^Former 42 U.S.C.A. §2661 et seq. (see now, 42 U.S.C.A. §6001 et seq.).

^4^Former 42 U.S.C.A. §2681 et seq. (see now, 42 U.S.C.A. §2689 et seq.)

^5^42 U.S.C.A. §201 et seq., as amended. (Popular name - ADAMHA Reorganization Act).

##### **§ 40:2013.1** Mental health clinics; authority of physicians to render certain opinions {#sec-40-2013.1 omnilex-key=us-la-statutes--rs-title-40--40:2013.1}

Any licensed physician serving on the staff of any mental health clinic covered under the provisions of the Community Mental Health Centers Act, Title II of P.L. 88-164, is hereby required, when requested by a social security claimant who is, or who has been, a patient of the physician at such mental health clinic and who has a treating relationship with the patient in the appropriate field, to provide descriptive statements and opinions for the patient with respect to the patient's medical condition, employability, and ability to function, upon which disability determinations may be based. Nothing in this Section shall prohibit a medical center from requiring payment for the medical center's current evaluation and management level services, but no such service shall be denied dependent upon a patient's inability to pay. Nothing in this Section shall prohibit Social Security Administration funding from being utilized to pay for such services.

*Acts 2008, No. 549, §2.*

##### **§ 40:2013.2** Appointment of chaplains; compensation {#sec-40-2013.2 omnilex-key=us-la-statutes--rs-title-40--40:2013.2}

A. The Louisiana Department of Health may provide for the services on a contractual
basis of a Catholic priest and a minister of the other non-Catholic predominating religious
denomination of patients in each of the hospitals under its administration for persons with
mental illness.

B. The Catholic priest shall be appointed by and subject to the Bishop or Archbishop
in whose diocese or archdiocese the hospital for persons with mental illness is located. The
minister of the other predominating religious denomination shall be selected and appointed
by the secretary of the Louisiana Department of Health.

C. The Catholic priest and the minister of the predominating non-Catholic
denomination shall be paid a monthly fee to be fixed by the secretary.

D. The secretary may provide for the employment of additional chaplains of any
religious denomination on a contractual basis and shall have authority to fix their fees.

*Added by Acts 1958, No. 35, §1. Amended by Acts 1977, No. 680, §23; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:2013.3** Superintendent to furnish report on patient's condition {#sec-40-2013.3 omnilex-key=us-la-statutes--rs-title-40--40:2013.3}

Superintendents of all hospitals for persons with mental illness administered by the
Louisiana Department of Health are required upon written request of the coroner of the
parish from which the patient was committed to furnish a report to the coroner of the patient's
condition, showing diagnosis, laboratory findings, treatment prescribed and prognosis; and
upon the written request of the attorney of the patient or a near relative shall make the
patient's medical record available for inspection by such attorney or relative at such time as
may be fixed by the superintendent.

*Added by Acts 1958, No. 35, §1. Amended by Acts 1977, No. 680, §24; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:2013.4** Repealed by Acts 2022, No. 252, §3. {#sec-40-2013.4 omnilex-key=us-la-statutes--rs-title-40--40:2013.4}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2013.5** Repealed by Acts 2022, No. 252, §3. {#sec-40-2013.5 omnilex-key=us-la-statutes--rs-title-40--40:2013.5}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2013.6** Repealed by Acts 2022, No. 252, §3. {#sec-40-2013.6 omnilex-key=us-la-statutes--rs-title-40--40:2013.6}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2013.20** Repealed by Acts 1977, No. 680, §26 {#sec-40-2013.20 omnilex-key=us-la-statutes--rs-title-40--40:2013.20}

*Repealed by Acts 1977, No. 680, §26*

##### **§ 40:2013.21** §§2013.21, 2013.22 Repealed by Acts 1978, No. 680, §3 {#sec-40-2013.21 omnilex-key=us-la-statutes--rs-title-40--40:2013.21}

*§§2013.21, 2013.22 Repealed by Acts 1978, No. 680, §3*

##### **§ 40:2013.40** §§2013.40 to 2013.43 Repealed by Acts 1978, No. 680, §3 {#sec-40-2013.40 omnilex-key=us-la-statutes--rs-title-40--40:2013.40}

*§§2013.40 to 2013.43 Repealed by Acts 1978, No. 680, §3*

##### **§ 40:2013.50** §§2013.50 to 2013.53 Repealed by Acts 1978, No. 680, §3 {#sec-40-2013.50 omnilex-key=us-la-statutes--rs-title-40--40:2013.50}

*§§2013.50 to 2013.53 Repealed by Acts 1978, No. 680, §3*

##### **§ 40:2013.54** Department sole agency for federal mental health programs {#sec-40-2013.54 omnilex-key=us-la-statutes--rs-title-40--40:2013.54}

The Louisiana Department of Health being designated by law as the
sole agency in Louisiana for carrying out the purposes of the National Mental
Health Act, Public Law 79-487 ^1^ ; the Maternal and Child Health and Mental
Retardation Planning Amendments of 1963, Title VII of Public Law 88-156
^2^ ; the Mental Facilities Construction Act, Part C of Title I of Public Law 88-164^3^ ; and the Community Mental Health Centers Act, Title II of Public Law
88-164^4^ , shall be assisted by the advisory councils, as required by federal law,
hereinafter created and established.

Added by Acts 1964, No. 170, §2. Amended by Acts 1977, No. 680,
§37.

^1^42 U.S.C.A. §§201 to 246.

^2^See 42 U.S.C.A. §701 et seq.

^3^Former 42 U.S.C.A. §2661 et seq. (see now, 42 U.S.C.A. §6001 et seq.).

^4^Former 42 U.S.C.A. §2681 et seq. (subsequently, 42 U.S.C.A. §2689 et seq.;
repealed).

##### **§ 40:2013.55** §§2013.55 to 2013.58 Repealed by Acts 1977, No. 680, §38 {#sec-40-2013.55 omnilex-key=us-la-statutes--rs-title-40--40:2013.55}

*§§2013.55 to 2013.58 Repealed by Acts 1977, No. 680, §38*

##### **§ 40:2013.71** Repealed by Acts 1978, No. 680, §3 {#sec-40-2013.71 omnilex-key=us-la-statutes--rs-title-40--40:2013.71}

*Repealed by Acts 1978, No. 680, §3*

##### **§ 40:2013.80** §§2013.80 to 2013.83 Repealed by Acts 1978, No. 680, §3 {#sec-40-2013.80 omnilex-key=us-la-statutes--rs-title-40--40:2013.80}

*§§2013.80 to 2013.83 Repealed by Acts 1978, No. 680, §3*

##### **§ 40:2014** Repealed by Acts 1977, No. 680, §47 {#sec-40-2014 omnilex-key=us-la-statutes--rs-title-40--40:2014}

*Repealed by Acts 1977, No. 680, §47*

##### **§ 40:2014.1** Superintendents to furnish reports on patients {#sec-40-2014.1 omnilex-key=us-la-statutes--rs-title-40--40:2014.1}

The superintendents of all general hospitals administered by the
Louisiana Department of Health are hereby authorized and directed to furnish,
upon written request of the doctor who refers the patient to such hospital, a
report to the doctor on such patient when the patient is discharged showing the
diagnosis, laboratory and x-ray findings and treatment prescribed and are
further authorized and required to furnish the patient or his attorney or the
patient's heirs or their attorney, upon written request, a full report on such
patient.

*Added by Acts 1958, No. 36, §1. Amended by Acts 1977, No. 680, §48.*

##### **§ 40:2015** §§2015 to 2015.8 Repealed by Acts 1964, No. 163, §11 {#sec-40-2015 omnilex-key=us-la-statutes--rs-title-40--40:2015}

*§§2015 to 2015.8 Repealed by Acts 1964, No. 163, §11*

##### **§ 40:2016** Repealed by Acts 2022, No. 252, §3. {#sec-40-2016 omnilex-key=us-la-statutes--rs-title-40--40:2016}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2017** Care of sick persons who are indigent or destitute; maintenance {#sec-40-2017 omnilex-key=us-la-statutes--rs-title-40--40:2017}

A. The department may, in addition to the powers conferred on it by this Chapter and
in accordance with the provisions of this Chapter, exercise the following functions:

(1) Provide for the care and treatment, in privately owned hospitals and other
institutions, of sick persons who are indigent or destitute, including persons with mental
illness or who are mentally deficient.

(2) Furnish to persons who are indigent or destitute proper dental, medical, surgical
and other treatment, including their transportation to the point of treatment and return.

(3) Contract or enter into agreement for such care and treatment upon such terms as
may be agreed upon between the parties to the arrangements.

(4) Employ such physicians, interns and other employees as may, in its opinion, be
necessary for the proper care and treatment of persons who are indigent or destitute under
this Chapter.

(5) The department may establish maintenance allowances for officials and
employees of the hospitals and schools under its administration and for other purposes.

(6) Cooperate with other agencies of the state in carrying into effect the laws of the
State in relation to any programs designed to improve services rendered persons in need of
and eligible for such services.

B. Subject to appropriation by the legislature, the Louisiana Department of Health
shall provide for the inclusion of licensed clinical social workers and medical psychologists
as providers for the purposes of Medicaid reimbursement. Such licensed clinical social
workers and medical psychologists shall have a minimum of three years experience working
in private practice. The Louisiana Department of Health shall also establish an
administrative services organization for oversight of all behavioral health services.

*Added by Acts 1958, No. 38, §1. Amended by Acts 1964, No. 170, §7; Acts 2007, No. 343, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:2017.1** Repealed by Acts 1964, No. 170, §10 {#sec-40-2017.1 omnilex-key=us-la-statutes--rs-title-40--40:2017.1}

*Repealed by Acts 1964, No. 170, §10*

##### **§ 40:2017.2** Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989. {#sec-40-2017.2 omnilex-key=us-la-statutes--rs-title-40--40:2017.2}

*Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.*

##### **§ 40:2017.3** Regulations fixing minimum standards {#sec-40-2017.3 omnilex-key=us-la-statutes--rs-title-40--40:2017.3}

The Louisiana Department of Health shall by regulations prescribe
minimum standards of maintenance and operation of hospitals which have
received or may receive federal aid for construction under the federal act and
the state plan in effect and any such hospital is required to comply with the
regulations; provided that before adopting any such regulations, the board shall
hold a public hearing thereon after first giving reasonable notice to the public
of its intention to hold such public hearing and affording all interested parties
a reasonable opportunity to appear at such hearing and offer objections to any
proposed regulation. Regulations fixing minimum standards adopted under
this Chapter shall have the force and effect of law.

*Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §51.*

##### **§ 40:2017.4** Additional hospitals; surveys and approval {#sec-40-2017.4 omnilex-key=us-la-statutes--rs-title-40--40:2017.4}

In addition to the duties imposed on the department relative to the Federal Hospital Survey and Construction Act, the department shall make studies to determine if there is a need for, and if the need is found to exist to secure approval of the establishment of, additional hospitals in the state of such size and so staffed and equipped as to qualify for internship and residences for medical students who have completed their four year medical course in some recognized medical college or school in the United States. In this connection, the department is empowered to work with state, federal, parish, municipal or private agencies in securing the establishment of additional institutions where approved post-graduate medical training and experience may be obtained by young doctors.

*Added by Acts 1958, No. 38, §1.*

##### **§ 40:2017.5** Promotion of nurse education program {#sec-40-2017.5 omnilex-key=us-la-statutes--rs-title-40--40:2017.5}

The department is further authorized and directed to cooperate with all agencies, both public and private, in promoting a program of nurse education, including the establishment wherever feasible of additional schools for training student nurses in state owned institutions where such schools do not exist and in private hospitals.

*Added by Acts 1958, No. 38, §1.*

##### **§ 40:2017.6** Acceptance of federal funds; notice of public hearing {#sec-40-2017.6 omnilex-key=us-la-statutes--rs-title-40--40:2017.6}

A. The department may accept on behalf of the state any federal funds made to assist in meeting the cost of carrying out the purposes of any part of this Chapter. Moneys received from the federal government for a construction project approved by the surgeon general of the United States shall be used solely for the payments to applicants for work performed and purchases made in carrying out approved projects.

B. Whenever the department schedules a public hearing to review any application for a finding of conformity pursuant to the provisions of Section 1122 of the Social Security Act, as amended*, the department shall notify each legislator whose district encompasses the proposed location of the facility. The notice shall be provided at least five calendar days prior to the public hearing.

Added by Acts 1958, No. 38, §1; Acts 1985, No. 521, §2, eff. July 12, 1985.

*42 U.S.C. §1320a-1.

##### **§ 40:2017.7** Enforcement of rules and regulations {#sec-40-2017.7 omnilex-key=us-la-statutes--rs-title-40--40:2017.7}

It shall be the duty of the secretary as executive head of the department to enforce all rules, standards, regulations and orders of the department and for these purposes he may institute and prosecute mandamus or injunction suits against alleged violators of such rules, standards, regulations or orders in the courts of this state. In any such suits it shall be the duty of the attorney general and the general counsel of the department to represent the secretary.

*Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §52.*

##### **§ 40:2017.8** Administration of oaths and taking of testimony {#sec-40-2017.8 omnilex-key=us-la-statutes--rs-title-40--40:2017.8}

The secretary, the general counsel, the personnel officer in the central office, and all superintendents and business administrators shall have the power to administer oaths and take testimony of witnesses anywhere in the state on matters relating to the business of the department.

*Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §53.*

##### **§ 40:2017.9** Medicare; use of information obtained; penalty {#sec-40-2017.9 omnilex-key=us-la-statutes--rs-title-40--40:2017.9}

All files, records, reports, or other papers, or any information obtained at any time by
the Louisiana Department of Health in the course of discharging its duties under any
agreement with the United States of America through the Department of Health, Education
and Welfare or its successor pertaining to Public Law 80-97, popularly known as the
Medicare Act, shall be used solely for the purposes of such agreement; and it shall be
unlawful, except for said purposes, for any person to solicit, disclose, receive or make use
of or to authorize or knowingly permit, participate in or acquiesce in the use of any
information obtained by the Louisiana Department of Health pursuant to, or as a result of,
any agreement with the United States of America as aforementioned. Nothing herein
contained shall limit the use of records, reports, charts, documents or other papers or
information as governed by R.S. 40:2013.3, 2014.1, or 2016 or R.S. 44:7.

*Added by Acts 1966, No. 168, §1. Amended by Acts 1977, No. 680, §54; Acts 2018, No. 206, §4.*

##### **§ 40:2017.10** Emergency medical services program; cooperation of other state departments {#sec-40-2017.10 omnilex-key=us-la-statutes--rs-title-40--40:2017.10}

A. The Louisiana Department of Health shall establish, maintain, and operate an
effective program which will provide adequate emergency medical services for persons
injured on the roads and highways of the state, whether through the excessive use of
alcoholic beverages or otherwise. The program shall be administered by the department,
with such assistance and use of facilities of other agencies of the state and its political
subdivisions as will best and most efficiently serve the interests of public health and safety
of the citizens of Louisiana through the furnishing of emergency medical services deemed
by the department to be best calculated to protect and preserve the health and welfare of
persons injured on the roads and highways and in emergency situations contributing to such
injuries and report the results of such services. To this end the Department of Public Safety
and Corrections and such other boards, commissions, departments, and agencies of the state
and its political subdivisions as the department shall deem necessary therefor shall cooperate
with and assist the department, at its request.

B. In order to effectuate the emergency medical services program provided for in this
Section, the department shall have authority to adopt and enforce rules and regulations
pertaining thereto and to do and perform all things and acts which it deems necessary or
desirable for the purpose.

*Added by Acts 1968, No. 277, §1. Amended by Acts 1977, No. 680, §55; Acts 2022, No. 271, §4.*

##### **§ 40:2017.11** Fees for review of plans {#sec-40-2017.11 omnilex-key=us-la-statutes--rs-title-40--40:2017.11}

There shall be a charge of five dollars per page for all plans or specifications for hospitals, ambulatory surgical centers, nursing homes, and group or community homes or other residential living options which are submitted for review to the Department of Public Safety and Corrections, office of state fire marshal, or its designee pursuant to rules promulgated in accordance with the Administrative Procedure Act. There shall be a minimum charge of twenty-five dollars and a maximum charge of three hundred dollars, plus a postage and handling fee of ten dollars. Such costs shall be paid prior to review by the owner of the project for which the review is requested.

*Acts 1986, No. 484, §1; Acts 1992, No. 848, §1; Acts 2003, No. 430, §1; Acts 2012, No. 745, §1, eff. June 12, 2012.*

##### **§ 40:2017.12** Prepayment by hospitals of Medicaid settlement {#sec-40-2017.12 omnilex-key=us-la-statutes--rs-title-40--40:2017.12}

A. Any hospital licensed by the state of Louisiana shall be allowed to
participate in prepayment of anticipated or owed Medicaid settlements, payable to the
secretary of the Louisiana Department of Health with refund to said hospital to be the
amount in Medicaid reimbursement owed said hospital within one hundred twenty
days after receipt of prepayment.

B. Definitions:

(1) "Clean claim" shall mean a Medicaid claim for services rendered by any
hospital prepared in a manner mandated necessary to specifications and adjudication
requirements as decreed by the federal government and the state of Louisiana.

(2) "Hospital" shall mean any hospital licensed by the state of Louisiana
pursuant to R.S. 40:2100 et seq.

(3) "Medicaid settlement" shall mean any sum of money owed to a hospital
by the state's medical assistance program of a year-end medicaid cost report
settlement from any Fiscal Year 1987-88 or earlier.

C.(1) Any hospital which is owed one or more Medicaid settlements, may,
pursuant to rules promulgated by the secretary of the Louisiana Department of Health
to implement the provisions of this Section, pay to the secretary of the Louisiana
Department of Health an amount equal to the current years' state reimbursement rate
as set by the federal government for Louisiana, for said hospital's Medicaid
settlement due and owing, or said hospital's anticipated Medicaid settlement as of the
date of prepayment.

(2) A "Hospital Prepayment Receipt" shall be issued by the secretary of the
Department of Revenue to any hospital participating in prepayment of Medicaid
anticipated following receipt of prepayment by the Louisiana Department of Health
and notification to the Department of Revenue.

D. Except as provided in Subsection F of this Section, hospitals holding or
owning any Hospital Prepayment Receipts may use them in lieu of payment, to
satisfy any obligation due and payable to the state of Louisiana on or after July 1,
1989. Notwithstanding any law to the contrary, all payments made pursuant to this
Section, and the Hospital Prepayment Receipts issued pursuant to this Section, shall
bear no interest except as provided herein.

E. In the event that a hospital chooses to make a payment under the
provisions of this Section, that hospital will be paid by the state's medical assistance
program, in satisfaction of Medicaid settlements due, the amount due and owing said
hospital, in accordance with all "clean claims" presented by said hospital to the
secretary of the Louisiana Department of Health. Said payment to the hospital shall
be made as soon as possible after receipt of the payment made by the hospital
pursuant to this Section, but in no event shall the payment to the hospital be made
later than one hundred twenty days from the date of the prepayment from the
hospital, according to the date on the Hospital Prepayment Receipt.

F. In the event that a hospital participating under the provisions of this
Section, has made a prepayment and is not paid the amount herein specified within
one hundred twenty days, then the hospital may send to the secretary of the Louisiana
Department of Health, via certified mail, a notice of default. Thereafter, that
hospital's Hospital Prepayment Receipt shall bear interest at the rate of three points
above the current Treasury Bill rate as affixed on day one hundred and twenty from
the day of the Hospital Prepayment Receipt, and the hospital may use said receipt,
and any interest due thereon, to satisfy any obligation due and payable to the state of
Louisiana on or after July 1, 1989.

G. The secretary of the Louisiana Department of Health shall promulgate
rules in accordance with the Administrative Procedure Act and other state and federal
laws and regulations to implement the provisions of this Section.

*Acts 1988, No. 1004, §1, eff. Aug. 1, 1988; Acts 1997, No. 658, §2.*

##### **§ 40:2018** Commission on Perinatal Care and Prevention of Infant Mortality; maternal and infant mortality studies; confidentiality; prohibited disclosure and discovery {#sec-40-2018 omnilex-key=us-la-statutes--rs-title-40--40:2018}

A. There shall be established within the Louisiana Department of
Health, a commission which shall be designated the "Commission on Perinatal
Care and Prevention of Infant Mortality", composed of sixteen members, as
provided in Subsection B of this Section.

B.(1) Fourteen members shall be appointed by the governor as follows:

(a) Two neonatologists, one of which shall be actively engaged in
medical education, and one of which shall be actively engaged in private
practice.

(b) One obstetrician.

(c) One family practitioner.

(d) One pediatrician.

(e) One female health nurse practitioner.

(f) One representative from a family planning clinic in the state.

(g) One neonatal nurse specialist.

(h) Two health care administrators representing the public and private
sector respectively.

(i) One social worker.

(j) One nutritionist.

(k) Two perinatologists.

(2) Two members shall be appointed as follows:

(a) One member of the Louisiana House of Representatives appointed
by the speaker of the House of Representatives.

(b) One member of the Senate appointed by the president of the Senate.

(3) Each appointment by the governor shall serve at his pleasure and
shall be subject to Senate confirmation. The legislative members shall serve
at the pleasure of the presiding officer of the respective legislative body.

C. The chairman of the Commission on Perinatal Care and Prevention
of Infant Mortality shall be elected annually by the commission members and
shall serve as chairman without a salary. The chairman shall report directly to
the governor.

D. The commission shall hold at least six regular meetings each year
at a place designated by the chairman. The commission members shall be
compensated for travel in connection with the commission meetings and
official commission business as approved by the chairman of the commission.
Reimbursement shall be in accord with the travel regulations of the Louisiana
Department of Health.

E.(1) The secretary of the Louisiana Department of Health shall assist
the commission and provide any data the commission requires that is available
to the state, in order to reduce the number of infant deaths and the number of
unmarried, teenage pregnancies in the state of Louisiana.

(2) Reports on the status of available perinatal care and other reports
as are considered appropriate based on the research shall be made to the
commission.

F. The functions of the commission shall be to:

(1) Research and review all state regulations, guidelines, policies, and
procedures that impact perinatal care and, when appropriate, make
recommendations to the secretary of the Louisiana Department of Health.

(2) Research and review all state laws that impact perinatal care and,
when appropriate, make recommendations to the legislature.

(3) Accept grants and other forms of funding to conduct maternal and
infant mortality studies.

(4) Contract, in accordance with the applicable provisions of state law,
for the performance of maternal and infant mortality studies.

G. Within the confines of available resources, the goals of the
commission shall be to strive to:

(1) Provide, through comparison of available data and research, a plan
that the state of Louisiana can adopt to reduce the number of teenage
pregnancies, sick infants, and infant mortalities.

(2) Propose a plan for an equitable system of financing comprehensive
health and social services for indigent pregnant women and infants that
incorporates the Medicaid program in the most efficient and cost-effective
manner available to public and private hospitals in the state of Louisiana.

(3) Compile and analyze information on existing infant mortality
education programs and make recommendations for the implementation of
public policies, for proposed legislation, and for a statewide program to
combat the problem of infant mortality to coordinate and improve the services
of the state, local governments, private and voluntary agencies, community
organizations, and schools which serve to educate high risk candidates and
their families.

(4) Reduce the infant mortality rate to not more than nine deaths per
one thousand live births.

(5) Reduce the number of babies born with low birth weight to not
more than five percent of all live births.

(6) Reduce the infant mortality rate for each parish and for each racial
or ethnic group of the population to not more than twelve deaths per one
thousand live births.

(7) Educate women of child-bearing age to be able to choose food
wisely and understand the hazards of smoking, alcohol, pharmaceutical
products, and other drugs during pregnancy and nursing.

H. The commission shall have the right and authority to analyze any
data available through any state system that may improve perinatal outcomes
in Louisiana.

I.(1) Notwithstanding any other provision of law to the contrary, the
commission or its agent shall be authorized access to medical and vital records
in the custody of physicians, hospitals, clinics, other health care providers, and
the office of public health in order that it may conduct maternal and infant
mortality studies. All such medical and vital records obtained by the
commission or its agent in accordance with the provisions of this Subsection,
as well as the results of any maternal and infant mortality study, 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 nor shall such records be deemed
admissible as evidence in any civil, criminal, administrative, or other tribunal
or court for any reason.

(2) Nothing in this Subsection shall prohibit the publishing by the
commission of statistical compilations relating to maternal and infant mortality
which do not identify individual cases or individual physicians, hospitals,
clinics, or other health care providers.

*Acts 1989, No. 352, §2; Acts 1991, No. 515, §1; Acts 1992, No. 326, §1.*

##### **§ 40:2018.1** Louisiana Commission on HIV and Hepatitis C Education, Prevention, and Treatment {#sec-40-2018.1 omnilex-key=us-la-statutes--rs-title-40--40:2018.1}

A. The legislature hereby establishes within the office of public health of the
Louisiana Department of Health a commission which shall be designated the "Louisiana
Commission on HIV and Hepatitis C Education, Prevention, and Treatment". The
commission shall be composed of thirty-three members as provided in Subsection B of this
Section.

B.(1) Twenty members shall serve at the governor's pleasure and shall be appointed
by the governor as follows:

(a)(i) Two persons living with the human immunodeficiency virus, referred to
hereafter in this Section as "HIV", at least one of whom represents a racial or ethnic
subpopulation.

(ii) Two persons living with hepatitis C, one of whom is co-infected with HIV and
at least one of whom represents a racial or ethnic subpopulation.

(b)(i) One representative from a community-based provider organization which
provides services to persons living with HIV, and which represents a racial or ethnic
subpopulation.

(ii) One medically qualified representative from a medical provider or community-based provider organization which provides services to persons living with hepatitis C or
HIV, and which represents a racial or ethnic subpopulation.

(c) One representative from the Louisiana Primary Care Association.

(d) One representative from the statewide HIV Community Planning Group.

(e) One nurse representative from the Louisiana State Nurses Association who serves
patients with HIV or hepatitis C.

(f) One social worker representative from the Louisiana Chapter of the National
Association of Social Workers.

(g) Four Ryan White HIV/AIDS Treatment Modernization Act grantees consisting
of one Part A grantee, one Part B grantee, one Part C grantee, and one Part D grantee.

(h) Two representatives from the faith-based community.

(i) Three representatives from the Louisiana Department of Health who have
knowledge of policies related to HIV and hepatitis C and who work in the office of public
health, office of behavioral health, and bureau of health services financing, respectively.

(j) One representative from the office of the governor.

(2) The following members shall serve by virtue of their positions:

(a) The state superintendent of education or his designee.

(b) The secretary of the Department of Public Safety and Corrections or his designee.

(c) The commissioner of insurance or his designee.

(d) The chancellor of the Louisiana State University Health Sciences Center at New
Orleans or his designee.

(e) The chancellor of the Louisiana State University Health Sciences Center at
Shreveport or his designee.

(f) The dean of the Tulane University School of Medicine or his designee.

(g) The dean of the School of Pharmacy of the University of Louisiana at Monroe
or his designee.

(h) The dean of the College of Pharmacy of Xavier University of Louisiana or his
designee.

(i) The president of the Louisiana Psychological Association or his designee.

(j) The president of the Louisiana State Medical Society or his designee.

(k) The president of the Louisiana Hospital Association or his designee.

(3) Two members shall be appointed as follows:

(a) One member of the Senate appointed by the president of the Senate.

(b) One member of the House of Representatives appointed by the speaker of the
House of Representatives.

(4) The governor shall strive for diversity in geography, race, sex, and educational
background in appointing members to the commission. Each member appointed by the
governor shall serve at the pleasure of the governor and shall be subject to Senate
confirmation. The legislative members shall serve at the pleasure of the presiding officer of
the respective legislative body.

C. The commission, in open session, shall elect from among its members a chairman,
who shall serve as chairman without salary.

D. The commission shall hold at least six regular meetings each year at a place
designated by the chairman. The commission members shall be compensated for travel in
connection with commission meetings and official commission business as approved by the
chairman of the commission. Reimbursement for travel expenses shall be in accordance with
the travel regulations of the division of administration. All meetings of the commission shall
be convened in the state of Louisiana.

E. The functions of the commission shall be to:

(1) Serve as an advisory body to the governor and the Louisiana Department of
Health on matters relating to hepatitis C and HIV.

(2) Serve as a coordinating forum on matters relating to hepatitis C and HIV between
and among state agencies, local government, and nongovernmental groups.

(3) Research and review all state regulations, guidelines, policies, and procedures
relative to prevention, treatment, and care of hepatitis C and HIV infection and, when
appropriate, make recommendations to the governor, the secretary of the Louisiana
Department of Health, and the legislature.

(4) Provide a forum for an annual public hearing on matters relating to hepatitis C
and HIV as well as a mechanism for other public comments and peer reviews on federal and
state-funded programs related to hepatitis C and HIV.

F. The commission may request administrative and technical support from the
Louisiana Department of Health, office of the secretary, HIV program office, and the office
of public health to carry out the commission's functions and responsibilities as provided in
this Section.

G. Repealed by Acts 2022, No. 326, §3.

*Acts 1991, No. 576, §2; Acts 1993, No. 291, §1, eff. June 2, 1993; Acts 1995, No. 185, §1; Acts 1997, No. 3, §5, eff. July 1, 1997; Acts 1999, No. 811, §1, eff. July 2, 1999; Acts 2003, No. 624, §1; Acts 2005, No. 328, §2; Acts 2006, No. 154, §§1, 2; Acts 2008, No. 379, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 143, §1; Acts 2014, No. 192, §1; Acts 2018, No. 177, §2, eff. May 15, 2018; Acts 2018, No. 206, §4; Acts 2022, No. 326, §§2, 3.*

##### **§ 40:2018.2** Community-based AIDS education grants {#sec-40-2018.2 omnilex-key=us-la-statutes--rs-title-40--40:2018.2}

A. The Louisiana Department of Health shall have the power, and its
duty shall be, to make grants available to parishes, municipalities, and
nonprofit organizations for community-based prevention education programs
relating to acquired immune deficiency syndrome (AIDS) aimed at one or
more target populations comprised of individuals who are at risk of contracting
and transmitting AIDS and the human immunodeficiency virus (HIV). Where
a parish or municipality has a health department, grants to be made to a
nonprofit organization located in that parish or municipality shall be made in
consultation with the parish or municipal health department.

B. Grants shall be awarded to nonprofit organizations, municipalities,
or parishes, or any combination of these, provided they meet measurable
standards as determined by the department. Awards shall be granted on a
competitive basis. Grants shall be awarded to prevention education programs
who provide the following services:

(1) Individual face-to-face contact between program outreach
personnel and the target population in the areas frequented by such population.

(2) Outreach personnel who are able to communicate effectively with
persons in the target population.

(3) Distribution of written information tailored to and easily
understandable by the target population, explaining how AIDS and the HIV
virus is transmitted and how individuals can reduce their risk of becoming
infected.

(4) A system of referring members of the target population, upon
request, to HIV testing sites, counseling programs, and health care providers
or systems to the extent such sites, programs, or providers exist in that
geographic area.

(5) Initial and ongoing training for all outreach personnel on the means
by which AIDS and the HIV virus are transmitted, how individuals can reduce
their risk of becoming infected and on the program's systems of referrals for
testing, counseling, health care, and drug and alcohol treatment.

C. Grants awarded under the provisions of this Section may be used in
the distribution of materials or items useful in preventing the transmission of
AIDS and the HIV virus.

D. The Louisiana Department of Health, in awarding grants as
provided for in this Section, shall give priority to community-based prevention
and education programs which are geared toward the provision of services to
target populations identified by the department, to include but not be limited
to the following:

(1) Intravenous drug users.

(2) Persons who have numerous sexual contacts with intravenous drug
users or with other persons who are at a high risk of having the HIV virus.

(3) Racial or ethnic minorities, including persons whose primary
language is not English, who are engaged in high-risk behavior.

E. The Louisiana Department of Health shall coordinate with existing
HIV/AIDS related community-based prevention and education programs to
plan for the implementation and expansion of such services through this grant
program. Grants awarded under the provisions of this Section shall be
monitored and evaluated by the Louisiana Department of Health. Ongoing
support for these services shall be contingent upon these programs
accomplishing stated goals and objectives and effectively reaching the target
populations as determined in the measurable standards outlined by the
department.

F. The department shall actively solicit and use federal resources to
fund this grant program. The provisions of this Section shall be applicable
only to the extent that funds are made available from federal sources for this
purpose.

*Acts 1995, No. 876, §1, eff. June 28, 1995.*

##### **§ 40:2018.3** Redesignated as R.S. 40:1125.1 by Acts 2022, No. 647, §4A. {#sec-40-2018.3 omnilex-key=us-la-statutes--rs-title-40--40:2018.3}

*Redesignated as R.S. 40:1125.1 by Acts 2022, No. 647, §4A.*

##### **§ 40:2018.4** Repealed by Acts 2022, No. 252, §3. {#sec-40-2018.4 omnilex-key=us-la-statutes--rs-title-40--40:2018.4}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2018.5** Healthy Moms, Healthy Babies Advisory Council creation; legislative findings; composition, purpose, and duties of the council; termination {#sec-40-2018.5 omnilex-key=us-la-statutes--rs-title-40--40:2018.5}

A. The legislature hereby finds and declares that research indicates maternal
mortality, severe maternal morbidity, and unexpected outcomes of pregnancy and birth
resulting in significant health consequences are rising in the United States; and that these
outcomes occur more frequently in Louisiana than in other states.

B.(1) The legislature hereby creates within the Louisiana Department of Health the
Healthy Moms, Healthy Babies Advisory Council, referred to hereafter in this Section as the
"council", for the purpose of working with existing state entities focused on maternal death
and severe maternal morbidity.

(2) The council shall address racial and ethnic disparities in maternal health
outcomes and incorporate a community-engaged, equity-focused lens into current programs
and campaigns which seek to prevent maternal mortality and severe maternal morbidity, and
shall promote safe and equitable care for every mother and every birth in this state.

(3) The council shall be composed of the following members:

(a) The secretary of the Louisiana Department of Health or his designee.

(b) The assistant secretary of the office of public health of the Louisiana Department
of Health or his designee.

(c) The executive director of the office on women's policy within the office of the
governor or his designee.

(d) One member of the House of Representatives appointed by the speaker of the
House of Representatives.

(e) One member of the Senate appointed by the president of the Senate.

(f) Two representatives of community-based organizations that work to prevent
maternal mortality appointed by the governor.

(g) One representative of the American College of Obstetricians and Gynecologists
appointed by the governor.

(h) One representative of the March of Dimes, Louisiana Chapter.

(i) One representative of an organization providing doula services or
community-based support services for women giving birth in Louisiana appointed by the
governor.

(j) One representative of the Commission on Perinatal Care and Prevention of Infant
Mortality appointed by the secretary of the Louisiana Department of Health.

(k) One representative of the Louisiana State Coroners Association appointed by the
president of the Senate.

(l) One representative of a community-based organization providing substance abuse
counseling appointed by the president of the Senate.

(m) One representative of the Louisiana Hospital Association appointed by the
speaker of the House of Representatives.

(n) One representative of a community-based organization advocating against
domestic violence appointed by the speaker of the House of Representatives.

(o) Two at-large representatives appointed by the governor.

(4) The council shall elect from among its members a chairperson.

(5) Members of the council shall serve without compensation.

C.(1) The council shall hold quarterly public meetings unless otherwise provided by
vote of the council or by order of the chairperson.

(2) The council may establish subcommittees and appoint persons to those bodies,
including persons who are not council members, as it deems necessary and appropriate to
accomplish its goals.

(3) The Louisiana Department of Health shall provide staff support to the council.

D. The council shall perform all of the following tasks:

(1) Evaluate functions and activities of existing groups focused on maternal mortality
in order to collaborate with and engage stakeholders.

(2) Support and contextualize reporting of maternal outcomes data disaggregated by
race and ethnicity where possible.

(3) Incorporate an ongoing community advisory process into existing state
committees and collaboratives that generate data, recommendations, and proposals for health
system changes relevant to maternal mortality and morbidity, prioritizing representation from
organizations led by members of affected, historically marginalized communities.

(4) Establish guidelines for specific data components relevant to birth equity to be
included in state and agency reports on maternal mortality and morbidity, including a plan
for timely dissemination of reports on maternal mortality, morbidity, and related disparities
to legislators, healthcare organizations, and other key stakeholders.

(5) Make recommendations on further policy options to ensure that the state
establishes ongoing public health monitoring and activated response to eliminate cases of and
disparities in maternal mortality and morbidity.

(6) Issue a report of its findings and recommendations to the Commission on
Perinatal Care and Prevention of Infant Mortality, the governor, the speaker of the House of
Representatives, and the president of the Senate. Subject to the conditions of Subparagraph
(7)(b) of this Subsection, the report may include any recommendations for legislation that
the council deems necessary and appropriate.

(7)(a) Issue research findings, reports, and recommendations for legislation at the
discretion of the council.

(b) The council may issue a recommendation for legislation only if approved by a
two-thirds vote of council members present and voting.

E.(1) Notwithstanding any other provision of law to the contrary, the council may
request that the Louisiana Department of Health produce or provide data to inform the work
of the council. All such data 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 nor shall such records be deemed
admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any
reason.

(2) Nothing in this Subsection shall prohibit the publishing of statistical compilations
relating to maternal mortality or morbidity which do not identify individual cases or
individual physicians, hospitals, clinics, or other healthcare providers.

F. This Section shall terminate on March 31, 2021.

*Acts 2018, No. 497, §2, eff. May 23, 2018.*

##### **§ 40:2018.6** Repealed by Acts 2022, No. 659, §3. {#sec-40-2018.6 omnilex-key=us-la-statutes--rs-title-40--40:2018.6}

*Repealed by Acts 2022, No. 659, §3.*

##### **§ 40:2018.7** Palliative Care Interdisciplinary Advisory Council; creation; purpose; termination {#sec-40-2018.7 omnilex-key=us-la-statutes--rs-title-40--40:2018.7}

A. The legislature finds and declares that research indicates palliative care is
appropriate for a patient of any age and at any stage of a life-threatening illness and can
reduce medical costs and patient recovery time when provided by an interdisciplinary team
of physicians, nurses, social workers, and other healthcare specialists in order to provide an
additional source of support to a patient with a life-threatening illness.

B. For purposes of this Section, the following definitions apply:

(1) "Council" means the Palliative Care Interdisciplinary Advisory Council.

(2) "Department" means the Louisiana Department of Health.

(3) "Palliative care" means an approach that improves the quality of life of patients
and their families facing the problems associated with life-threatening illnesses, through the
prevention and relief of suffering by means of early identification and impeccable assessment
and treatment of pain and other problems, physical, psychosocial, and spiritual. "Palliative
care" services:

(a) Provide relief from pain and other distressing symptoms.

(b) Affirm life and regard dying as a normal process.

(c) Intend neither to hasten or postpone death.

(d) Integrate the psychosocial and spiritual aspects of patient care.

(e) Offer a support system to help patients live as actively as possible until death.

(f) Offer a support system to help the family cope during the patient's illness and in
their own bereavement.

(g) Use a team approach to address the needs of patients and their families, including
bereavement counseling, if indicated.

(h) Will enhance quality of life and may also positively influence the course of
illness.

(i) Are applicable early in the course of illness, in conjunction with other therapies
that are intended to prolong life, such as chemotherapy or radiation therapy, and include
those investigations needed to better understand and manage distressing clinical
complications.

(j) Include "palliative care for children", which means the care appropriate for
children and their families that begins at diagnosis and continues regardless of whether or
not the treatment is directed at the disease. Palliative care for children requires healthcare
providers to evaluate and alleviate a child's physical, psychological, and social distress
through a multi-disciplinary approach that includes the family and makes use of available
community resources which can be successfully implemented even if resources are limited.
The phrase "palliative care for children" includes active total care of the child's body, mind,
and spirit and the support given to the family. Palliative care for children can be provided
in tertiary care facilities, in community health centers, and in children's homes.

(4) "Secretary" means the secretary of the Louisiana Department of Health.

C.(1) The legislature hereby creates within the Louisiana Department of Health the
Palliative Care Interdisciplinary Advisory Council to assess the availability of
patient-centered and family-focused palliative care in this state and make recommendations
to the secretary and the legislature. Each member of the council shall have at least two years
of experience providing individual or interdisciplinary palliative care to pediatric, youth, or
adult populations in inpatient, outpatient, or community settings.

(2) The council shall be composed of the following seventeen members:

(a) Four physician members, including two who are board-certified in hospice and
palliative care, one who shall be board-certified in pain management, and one who shall be
board-certified in pediatric care appointed by the Louisiana State Board of Medical
Examiners.

(b) Three nurse members, including two who are advanced practice registered nurses
who are board-certified in hospice and palliative care appointed by the Louisiana State Board
of Nursing.

(c) One pharmacist member with experience providing palliative care appointed by
the Louisiana Board of Pharmacy.

(d) One social worker with experience providing palliative care appointed by the
Louisiana State Board of Social Work Examiners.

(e) One palliative care program administrator or director with current operational
experience managing a palliative care program appointed by the governor.

(f) One spiritual care professional with experience providing palliative care
appointed by the governor.

(g) One insurance plan administrator with experience in reimbursement coverage and
claims processing for palliative care services appointed by the governor.

(h) Three patient and family advocate members who are independent of a hospital
or other healthcare facility appointed by the governor.

(i) The secretary or his designee, who shall be a nonvoting member.

(j) The Medicaid director of the department or his designee.

(3) The council may engage and solicit, as necessary, input, recommendations, and
guidance pertaining to palliative care from interested parties and stakeholders including but
not limited to the following:

(a) The Louisiana-Mississippi Hospice and Palliative Care Organization.

(b) The American Cancer Society Cancer Action Network.

(c) The HomeCare Association of Louisiana.

(d) Hospice of Acadiana.

(e) Hospice of Baton Rouge.

(f) The Louisiana Nursing Home Association.

(g) The office for citizens with developmental disabilities of the department.

(h) The office of behavioral health of the department.

(i) AARP Louisiana.

(j) The Alzheimer's Association.

(k) Louisiana State Medical Society.

(l) ALS Association Louisiana-Mississippi Chapter.

(4)(a) Members of the council shall serve at the pleasure of their appointing
authorities. If any appointed member misses three consecutive meetings, the secretary shall
notify the appointing authority and a new appointment shall be made. If a vacancy occurs
on the council, the appointing authority shall make a new appointment.

(b) Members of the council shall serve without compensation.

D.(1) The secretary shall call the first meeting of the council at which the members
shall elect and establish the duties of a chair and vice chair.

(2) The chair shall set a time and place for regular public meetings of the council,
which shall occur at least quarterly each calendar year.

(3) The department shall provide staff support to the council and shall provide a
dedicated link on its website for information regarding the council, including meeting dates
and times, minutes from meetings, and any reports or data considered by the council.

E. The council shall consult with and advise the secretary on matters related to the
establishment, maintenance, operation, and outcome evaluation of the palliative care
consumer and professional information and education established by this Section. In doing
so, the council shall perform the following tasks:

(1) Conduct an analysis and submit a report of its findings to the Senate and House
committees on health and welfare on February first of each year, to include the following:

(a) Availability of palliative care, including palliative care for children, in this state
for patients in the early stages of a life-threatening illness.

(b) Barriers to greater access to palliative care.

(c) Policies, practices, and protocols in this state concerning patients' rights related
to palliative care, including the following:

(i) Whether a palliative care team member may introduce palliative care options to
a patient without the consent of the patient's attending physician.

(ii) The practices and protocols for discussions between a palliative care team
member and a patient on life-sustaining treatment or advance directives decisions.

(iii) The practices and protocols on informed consent and disclosure requirements
for palliative care services.

(2) Establish a statewide palliative care consumer and professional information and
education program, in consultation with the department, to ensure that comprehensive and
accurate information and education about palliative care are available to the public,
healthcare providers, and healthcare facilities.

F. To advance the educational initiative of the council set forth in Paragraph (E)(2)
of this Section, the department shall make available on its website the following information
and resources regarding palliative care:

(1) Links to external resources regarding palliative care.

(2) Continuing education opportunities on palliative care for healthcare providers.

(3) Information about palliative care delivery in the home, primary, secondary, and
tertiary environments.

(4) Consumer educational materials regarding palliative care, including hospice care.

G. Repealed by Acts 2025, No. 90, §1, eff. June 8, 2025.

*Acts 2022, No. 271, §4; Acts 2022, No. 659, §2; Acts 2025, No. 90, §1, eff. June 8, 2025.*

##### **§ 40:2018.8** Alzheimer's and Related Dementias Advisory Council; composition; purpose {#sec-40-2018.8 omnilex-key=us-la-statutes--rs-title-40--40:2018.8}

A. There is hereby established within the Louisiana Department of Health the
Louisiana Alzheimer's and Related Dementias Advisory Council, referred to in this
Section as the "council".

B. The council shall consist of the following twenty-two members:

(1) A person with Alzheimer's disease or related dementia appointed by the
governor. If the governor is unable to identify a person with Alzheimer's disease or
related dementia, the governor shall appoint a second caregiver of a person with
Alzheimer's disease or related dementia.

(2) A caregiver of a person with Alzheimer's disease or related dementia
appointed by the governor.

(3) A representative of the nursing facility industry appointed by the governor.

(4) A representative of the assisted living industry appointed by the governor.

(5) A representative of the adult day services industry appointed by the
governor.

(6) A physician specializing in neurology or geriatic care appointed by the
governor.

(7) A representative from the rural health community appointed by the
governor.

(8) A representative from an organization representing senior citizens
appointed by the governor.

(9) A representative of the governor's office of elderly affairs Louisiana
Ombudsman Program appointed by the governor.

(10) The executive director of the Alzheimer's Association, Louisiana Chapter
or his designee.

(11) The assistant secretary of the office of behavioral health or his designee.

(12) The assistant secretary of the office of aging and adult services or his
designee.

(13) The assistant secretary of the office of public health or his designee.

(14) The assistant secretary of the office of citizens with developmental
disabilities or his designee.

(15) The Medicaid executive director or his designee.

(16) The executive director of the governor's office of elderly affairs or his
designee.

(17) The secretary of the Louisiana Department of Veterans Affairs or his
designee.

(18) The executive director of the Louisiana Commission on Law
Enforcement or his designee.

(19) The secretary of Louisiana Works or his designee.

(20) A representative from the home health industry who has experience with
dementia.

(21) Two representatives from academic research institutions in Louisiana
that conduct dementia disease research appointed by the governor.

C. Members of the council shall serve four-year terms, concurrent with the
term of the governor. Members are eligible for reappointment. Any designee shall
serve at the pleasure of the designating authority.

D. Council members shall not receive compensation or a per diem for their
services or attendance at council meetings, except for those travel-related expenses
already provided for by their agency.

E. The chairman shall be elected by the council for a term to be determined
by the council. No member shall serve more than two consecutive terms as chairman.

F. The council may establish subcommittees and appoint persons outside of
the council to these bodies as it considers necessary and appropriate to carry out its
duties.

G. The council shall hold its initial meeting no later than November 1, 2024.
The council shall meet at least quarterly each calendar year and at any other times as
it considers necessary.

H. The Louisiana Department of Health shall provide support for the council,
including staff, facilities, and resources to facilitate remote participation in meetings
to the extent authorized by law.

I. The council shall do all of the following:

(1) Conduct a review and assessment of the current status of Alzheimer's
disease and other forms of dementia in this state, including:

(a) Trends in the state's Alzheimer's population and needs, including the
changing population with dementia.

(b) Existing policies regarding dementia.

(c) Program utilization among people living with dementia.

(2) Submit a summary of the findings of the review and assessment to the
Louisiana Department of Health.

(3) Review the existing five-year statewide plan to address Alzheimer's
disease and related dementias prepared by the Louisiana Department of Health.

(4) Submit recommendations to the Louisiana Department of Health on
revisions to the five-year statewide plan and recommendations on implementation of
initiatives to address Alzheimer's disease and related dementias. The
recommendations shall address topics including but not limited to all of the
following:

(a) Gaps identified in the review and assessment.

(b) Access to care, support, and treatment.

(c) Quality of care for people living with dementia.

(d) Risk reduction, early detection, and diagnosis.

(e) Coordinated statewide response to Alzheimer's disease and related
dementias.

J. The Louisiana Department of Health shall consider all recommendations
from the council and shall update the five-year statewide plan. The Louisiana
Department of Health, on behalf of the council, shall submit the updated five-year
statewide plan to the governor and the legislature every five years.

K. The council shall submit an annual written report on the progress of the
five-year statewide plan to the governor and the legislature no later than November
first of each year.

*Acts 2024, No. 121, §2, eff. May 22, 2024.*

##### **§ 40:2019** Child death investigation {#sec-40-2019 omnilex-key=us-la-statutes--rs-title-40--40:2019}

A. Findings and purpose.

(1) The legislature hereby finds and declares that:

(a) Protection of the health and welfare of the children of this state is a goal of its
people, and the unexpected death of infants and children is an important public health
concern that requires legislative action.

(b) Collecting data on the causes of unexpected deaths will better enable the state to
protect some infants and children from preventable deaths and will help reduce the incidence
of such deaths.

(c) Identifying persons responsible for abuse or neglect resulting in unexpected death
will better enable the state to protect other children who may be under the care of the same
persons and will help reduce the incidence of such deaths.

(d) Multidisciplinary and multiagency reviews of child deaths can assist the state in
the investigation of child deaths, in the development of a greater understanding of the
incidence and causes of child deaths and the methods for preventing such deaths, and in
identifying gaps in services to children and families.

(2) The purpose of this Section is to identify the cause of death of children below the
age of fifteen, and thereby reduce the incidence of injury and death to infants and children
by requiring that a death investigation be performed in the case of all unexpected deaths of
children below the age of fifteen, and establishing the Louisiana State Child Death Review
Panel to collect data from such investigations and report to the legislature regarding the
causes of such deaths and share information among local and regional panels, healthcare
providers, and state agencies which provide services to children and families.

B. Definitions. For the purpose of this Section, the following terms shall have the
following meaning:

(1) "Autopsy" means a post-mortem external and internal physical examination
conducted in accordance with accepted medical practice and the laws of this state using a
standardized child death investigation protocol performed by a forensic pathologist or, if a
forensic pathologist is unavailable, a pathologist licensed or otherwise appointed to conduct
such an examination under such laws.

(2) "Death investigation" means the process of determining the cause and manner
of death and shall include the following:

(a) A postmortem examination which may be limited to an external examination or
may include an autopsy.

(b) An inquiry by any law enforcement agency having jurisdiction into the
circumstances of the death, including a death scene investigation and interview with the
child's parent, legal guardian, or caretaker, and the person who reported the child's death.

(c) A review of information regarding the child from any other relevant agency,
professional, or health care provider.

(3) "Unexpected death" means a death which is a result of undiagnosed disease, or
trauma in which the surrounding circumstances are suspicious, obscure, or otherwise
unexplained, or other death the circumstances of which are suspicious, obscure, or otherwise
unexplained. A clinical diagnosis of death due to Sudden Infant Death Syndrome (SIDS)
shall be deemed an unexpected death.

C. Child Death Review Panel. There is established within the Louisiana Department
of Health the Louisiana State Child Death Review Panel, hereinafter referred to as the "state
panel", which shall be composed of twenty-eight persons. Members of the panel shall
include:

(1) The state health officer or his designee.

(2) The secretary of the Louisiana Department of Health or his designee.

(3) The secretary of the Department of Children and Family Services or his designee.

(4) The superintendent of the office of state police or his designee.

(5) The state registrar of vital records in the office of public health or his designee.

(6) The attorney general or his designee.

(7) A member of the Senate appointed by the president of the Senate.

(8) A member of the House of Representatives appointed by the speaker of the
House of Representatives.

(9) The commissioner of insurance or his designee.

(10) The executive director of the Highway Safety Commission of the Department
of Public Safety and Corrections or his designee.

(11) The state fire marshal or his designee.

(12) The assistant secretary of the office of behavioral health of the Louisiana
Department of Health or his designee.

(13) A representative of the Louisiana Partnership for Children and Families.

(14) A district attorney appointed by the Louisiana District Attorneys Association.

(15) A sheriff appointed by the Louisiana Sheriff's Association.

(16) A police chief appointed by the Louisiana Association of Chiefs of Police.

(17) A forensic pathologist certified by the American Board of Pathology and
licensed to practice medicine in the state appointed by the chairman of the Louisiana State
Child Death Review Panel subject to Senate confirmation.

(18) A pathologist experienced in pediatrics appointed by the Louisiana Pathology
Society.

(19) A coroner appointed by the president of the Louisiana Coroner's Association.

(20) Six persons appointed by the governor, subject to Senate confirmation, for a
term of three years as follows:

(a) A health professional with expertise in Sudden Infant Death Syndrome appointed
from a list of three names submitted by the Louisiana State Medical Society.

(b) A pediatrician with experience in diagnosing and treating child abuse and neglect
appointed from a list of three names submitted by the state chapter of the American Academy
of Pediatrics.

(c) Four citizens from the state at large who represent different geographic areas of
the state.

(21) The state superintendent of education or his designee.

(22) The director of the bureau of emergency medical services of the Louisiana
Department of Health or his designee.

(23) The state child ombudsman or his designee.

D. Functions and duties of panel.

(1) The state panel shall:

(a) Establish a standardized child death investigation protocol which shall require
at a minimum that all death investigations be completed within thirty working days of the
report of the death. The protocol shall include procedures for all law enforcement agencies
and local departments of social services to follow in response to a child death.

(b) Establish criteria for information that must be included in a death investigation
report and provide such information to the appropriate agencies and medical providers to be
used as a guideline in preparing the death investigation report.

(c) Collect, review, and analyze all death investigation reports prepared in
accordance with this Section, and such other information as the state panel deems
appropriate, to use in preparation of reports to the legislature concerning the causes of and
methods of decreasing unexpected deaths of infants and children.

(d) Recommend changes within the agencies represented on the state panel which
may prevent child deaths.

(2) The state panel may:

(a) Establish local and regional panels to which it may delegate some or all of its
responsibilities under this Section.

(b) Analyze any data available through any state systems that may decrease the
incidence of injury and unexpected death to infants and children below the age of fifteen.

E. Child death investigation.

(1) In each unexpected death of a child below the age of fifteen, a death investigation
shall be performed in accordance with the child death investigation protocol established by
the Louisiana State Child Death Review Panel which may include, at the discretion of the
coroner but not be limited to, a complete autopsy performed by the coroner of the parish
where the death occurred pursuant to the death investigation procedure established by R.S.
13:5713. The death investigation findings shall be reported to appropriate authorities
including the police, healthcare providers, and the child protective services if appropriate,
within three days of the conclusion of the death investigation.

(2) A copy of the death investigation report, or any portion thereof, including law
enforcement, coroner, fire department, and medical providers, or any other information
relative to the death investigation shall be provided to the state panel within thirty days from
the date the state panel requests such information.

(3) Nothing in this Section shall be construed to change, alter, or restrict the authority
or jurisdiction of a coroner as established in R.S. 33:1551 et seq.

(4) Nothing in this Section shall be construed as requiring a finding of negligent
treatment or maltreatment when the state panel determines that the parents or guardians were
treating the child solely according to the tenets and practices of a well-recognized religious
method of treatment which has a reasonable, proven record of success.

F. Records; confidentiality; prohibited disclosure and discovery.

(1) Notwithstanding any other provision of law to the contrary, the state panel, and
any local or regional panel or its agent thereof, shall be authorized to access medical and vital
records in the custody of physicians, hospitals, clinics, other healthcare providers, and the
office of public health; and any other information, documents, or records pertaining to the
completed investigation of unexpected deaths of infants and children below the age of fifteen
in the custody of any law enforcement agency in order that it may perform its functions and
duties as provided in Subsection D of this Section.

(2) Notwithstanding any other provision of law to the contrary, including but not
limited to the provisions of Children's Code Article 615 and R.S. 46:56, all of the following
authorizations shall be effective when an unexpected death of an infant or child below the
age of fifteen has occurred:

(a) The state panel, and any local or regional panel or its agent thereof, in order that
it may perform its functions and duties as provided in Subsection D of this Section, is
authorized to have access to any information, documents, or records in the possession of the
Department of Children and Family Services involving a child abuse and neglect
investigation which are pertinent to the alleged child abuse or neglect that led to the death
of the child.

(b) The Department of Children and Family Services is authorized to have access to
any and all information, documents, or records in the possession of the state panel, and any
local or regional panel or its agent thereof, for use by the department in any investigation or
child in need of care proceeding.

(3)(a) All such records obtained by the state panel or any local or regional panel or
its agent in accordance with the provisions of this Subsection, as well as the results of any
child death investigation report, 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 nor shall such records be deemed
admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any
reason.

(b) No information, document, or record obtained by the state panel or any local or
regional panel or its agent from the Department of Children and Family Services involving
a report which results in an inconclusive or unsubstantiated finding pursuant to Children's
Code Article 615 shall be included or referenced in any manner in any report or other
document issued or published by or on behalf of the panel.

(4) The furnishing of confidential information, documents, and reports in accordance
with this Section by any person, agency, or entity furnishing such information, documents,
and reports shall not expose such person, agency, or entity to liability and shall not be
considered a violation of any privileged or confidential relationship, provided the participant
has acted in good faith in the reporting as required in this Section.

(5) Nothing in this Subsection shall prohibit the publishing by the state panel of
statistical compilations relating to unexpected child deaths of infants and children below the
age of fifteen which do not identify individual cases or individual physicians, hospitals,
clinics, or other healthcare providers.

G. Report. The state panel shall report to the legislature annually concerning the
causes of unexpected deaths of infants and children below the age of fifteen. The report shall
include analysis of factual information obtained through review of death investigation reports
required in Subsection D of this Section.

*Acts 1992, No. 745, §1, eff. July 7, 1992; Acts 1995, No. 893, §1; Acts 1999, No. 736, §1; Acts 1999, No. 965, §1, eff. July 9, 1999; Acts 2016, No. 118, §1, eff. May 19, 2016; Acts 2018, No. 206, §4; Acts 2023, No. 325, §2, see Act; Acts 2025, No. 409, §5.*

##### **§ 40:2020** Review of deaths of persons served by the Louisiana Department of Health {#sec-40-2020 omnilex-key=us-la-statutes--rs-title-40--40:2020}

A. The legislature finds that:

(1) In accordance with best practices and national trends, it is recommended that the
Louisiana Department of Health through the office for citizens with developmental
disabilities, the office of behavioral health, and the office of aging and adult services monitor
and review deaths of persons receiving services through the offices.

(2) Collection of data on the causes and circumstances of death of these persons will
enable the office for citizens with developmental disabilities, the office of behavioral health,
and the office of aging and adult services to initiate quality improvement and provider
remediation in long-term care services in order to reduce mortality rates.

(3) A complete review of the information obtained by the office for citizens with
developmental disabilities, the office of behavioral health, and the office of aging and adult
services will enable the offices to identify patterns and systemic problems to support
corrective actions and quality improvements in service delivery.

B. For the purposes of this Section, the following terms shall have the following
meanings:

(1) "Department" means the Louisiana Department of Health.

(2) "Healthcare provider" means a health care provider as defined in R.S.
13:3734(A), a licensed mental health professional as defined in R.S. 40:2153, and other
agencies licensed or certified by the department to deliver health care or related services.

(3) "Office" means the office for citizens with developmental disabilities, the office
of behavioral health, or the office of aging and adult services within the Louisiana
Department of Health.

C. The duties of the office shall be the following:

(1) In each death reviewed, the offices shall obtain data and records relevant to the
causes and circumstances of death from providers, including health care providers, as well
as from other sources.

(2) The offices shall identify patterns and systemic problems to determine what
changes, if any, should be made in service delivery.

(3) The offices shall each prepare an annual report for public distribution. The report
shall set forth aggregate information including the number of deaths reviewed, identify all
provider remediation and quality improvements initiated or recommended as a result of the
review, and set forth any other information as may be determined by the offices. However,
the report shall not disclose names of the deceased or any entities involved or any
information which would identify a particular person or entity.

D.(1) Notwithstanding any other provision of law to the contrary, the Louisiana
Department of Health, and each office provided for in Paragraph (B)(3) of this Section, shall
be authorized to access death certificates in the custody of the department, autopsy reports,
coroner reports, and records of all service providers, including medical records in the custody
of healthcare providers, of persons being served through the offices at the time of death.

(2) Notwithstanding any other provision of the law to the contrary, all records
obtained by the offices in accordance with the provisions of this Section, as well as any work
product, chart, or any other document prepared by the offices in death reviews, except for the
annual reports required by Paragraph (C)(3) of this Section, shall be confidential, shall not
be public record, and shall not be subject to subpoena. Nor shall such information be
disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative,
or other proceeding or admissible as evidence in any civil, criminal, administrative, or other
tribunal or court for any reason.

(3) No person or entity who furnishes information to the offices pursuant to this
Section shall be liable or in violation of a duty of confidentiality, provided the person or
entity has acted in good faith.

*Acts 2009, No. 345, §2, eff. July 6, 2009; Acts 2020, No. 77, §1, eff. June 5, 2020.*

##### **§ 40:2021** Health care information {#sec-40-2021 omnilex-key=us-la-statutes--rs-title-40--40:2021}

A. The legislature hereby finds that the nonemergent utilization rate of emergency
departments in the state of Louisiana is at an all-time high. The legislature further finds that
one of the causes for such a high utilization rate is the lack of information available to the
citizens of this state about alternative facilities to receive health care that are available in
their communities such as outpatient clinics and after-hours programs.

B. The secretary of the Louisiana Department of Health shall distribute and make
available information that will provide citizens of this state with information concerning the
various health care facilities and providers available to provide nonemergent care. Such
information shall be community- specific and distributed in each community in such a
manner that the information will be available to the largest number of citizens.

*Acts 2010, No. 130, §1.*

##### **§ 40:2022** Pertussis; offer of vaccine required; exceptions {#sec-40-2022 omnilex-key=us-la-statutes--rs-title-40--40:2022}

A. The legislature hereby finds that it is in the best interest of the children born in
this state that certain health care information be provided to parents of newborns concerning
the pertussis disease and that hospitals offer the pertussis vaccine to parents of newborns in
every instance practicable. Pertussis (whooping cough) is a very contagious disease caused
by a type of bacteria called Bordetella pertussis and is one of the most commonly occurring
vaccine-preventable diseases in the United States.

B.(1) Except as provided in Subsection C of this Section, on and after January 1,
2014, each licensed hospital in this state shall, prior to discharge, offer the pertussis vaccine
to each parent of a newborn infant.

(2) If a person who is offered the pertussis vaccine as required in Paragraph (1) of
this Subsection wishes to be vaccinated, then the hospital shall administer the vaccine to the
person.

(3)(a) If a person who is offered the pertussis vaccine as required in Paragraph (1)
of this Subsection declines the offer of the vaccine or indicates intent to defer vaccination,
then the hospital shall provide to the person educational information issued by the Louisiana
Department of Health on the pertussis disease and the availability of a vaccine to protect
against contracting the disease.

(b) The information required by this Paragraph shall include but not be limited to
information on the recommendation of the Centers for Disease Control and Prevention that
parents receive the Tetanus Toxoid, Reduced Diphtheria Toxoid and Acellular Pertussis
Vaccine Adsorbed (Tdap) vaccination during the postpartum period to help protect their
newborns from the transmission of pertussis.

C. A hospital shall not be required to offer the vaccine as provided in Subsection A
of this Section to any person who has already received the vaccine or for whom such
vaccination is medically inappropriate.

D. The Louisiana Department of Health is hereby authorized to develop and
disseminate to each licensed hospital in the state information consistent with the provisions
of this Section.

E. Nothing in this Section shall be construed to require any of the following:

(1) Administration of the pertussis vaccine, contingent upon its availability, by a
hospital if the hospital cannot be compensated for administration of the vaccine at the normal
or prevailing rate that is at least equal to the product cost plus any administrative costs for
delivering the immunization over and above the reimbursement level for inpatient care.

(2) Provision of the pertussis vaccine to any person or health care provider by the
Louisiana Department of Health.

(3) Financing of pertussis vaccine administration by the Louisiana Department of
Health through any program or service of the department other than one that may presently
cover such vaccination.

(4) Obligation for payment by a person or his insurer for pertussis vaccination.

*Acts 2011, No. 54, §1; Acts 2013, No. 159, §1, eff. June 7, 2013; Acts 2013, No. 220, §17, eff. June 11, 2013.*

##### **§ 40:2023** Availability of immunizations recommended by the Centers for Disease Control and Prevention {#sec-40-2023 omnilex-key=us-la-statutes--rs-title-40--40:2023}

Beginning October 1, 2012, and each year thereafter, each general hospital licensed under this Chapter shall, during the period from October first through March first of the following calendar year, in accordance with the latest recommendations of the Advisory Committee on Immunization Practices for the Centers for Disease Control and Prevention, offer the following immunizations to all inpatients sixty-five years of age and older, prior to discharge, unless contraindicated for a patient and contingent upon the availability of a specific payment in addition to the normal or prevailing level of payment, that is at least equal to the product costs and the administrative costs for the immunization over and above the reimbursement for in-patient care and contingent upon the availability of the vaccine:

(1) Immunization against influenza.

(2) Immunization against pneumococcal diseases if ordered by the patient's attending physician.

*Acts 2012, No. 645, §1.*

##### **§ 40:2024** Violence prevention {#sec-40-2024 omnilex-key=us-la-statutes--rs-title-40--40:2024}

A. The legislature of the state of Louisiana declares that violence shall be
recognized and addressed as a public safety and health crisis utilizing a public safety
and health data-based approach.

B. The Louisiana Department of Health shall conduct a review of violence
prevention factors, activities, and strategies, taking into consideration the following:

(1) The specifics of violence, including crimes of violence, gang violence,
and domestic violence in communities.

(2) The root causes of violence in the community, which may include poverty,
lack of quality education, lack of affordable housing, food insecurity, unemployment,
and untreated trauma.

(3) Community conditions, which may include a comparison of community
conditions and opportunities for communities with a high risk of violence and those
with a lesser risk of violence in order to identify and create greater safety for
high-risk communities through community surroundings. For the purposes of this
Section, community surroundings include but are not limited to streets, parks,
schools, community-based organizations, youth and community centers, and places
of worship.

(4) A commitment for violence prevention efforts to focus on addressing and
healing individual, interpersonal, and community trauma inflicted as a result of
violence.

C. The Louisiana Department of Health shall prepare a written report to the
legislature, no later than February 1, 2026, that provides information and
recommendations on the following:

(1) The current violence prevention activities occurring across Louisiana state
offices to outline the continuum of current activities related to violence prevention.

(2) Promotional strategies for supporting conflict resolution and violence
prevention-related programs and services.

(3) Strategies for incorporating a public safety and health approach to
improve social determinants of safety and health for communities most affected by
violence.

D. The Louisiana Department of Health may coordinate with institutions of
higher learning and nongovernmental organizations to collect and evaluate
information in developing the recommendations to be presented to the legislature.

*Acts 2024, No. 772, §1.*

#### **PART I-A** LOUISIANA DOMESTIC ABUSE FATALITY REVIEW PANEL

##### **§ 40:2024.1** Title {#sec-40-2024.1 omnilex-key=us-la-statutes--rs-title-40--40:2024.1}

This Part shall be known and cited as the "Louisiana Domestic Abuse Fatality Review
Panel Law".

*Acts 2021, No. 320, §2, See Act.*

##### **§ 40:2024.2** Definitions {#sec-40-2024.2 omnilex-key=us-la-statutes--rs-title-40--40:2024.2}

For the purposes of this Part, the following terms have the following meanings
ascribed to them, unless the context clearly indicates otherwise:

(1) "Adult" means any individual eighteen years of age or older, or any person under
the age of eighteen who has been emancipated by marriage or otherwise.

(2) "Dating partner" means any person who is involved or has been involved in a
sexual or intimate relationship with the offender characterized by the expectation of
affectionate involvement independent of financial considerations, regardless of whether the
person presently lives or formerly lived in the same residence with the offender. "Dating
partner" shall not include a casual relationship or ordinary association between persons in a
business or social context.

(3) "Domestic abuse" includes but is not limited to physical or sexual abuse and any
offense against the person, physical or nonphysical, as defined in the Louisiana Criminal
Code, except negligent injury and defamation, committed by one family member, household
member, or dating partner against another. "Domestic abuse" also includes sexual abuse as
defined in R.S. 15:1503.

(4) "Domestic abuse fatality" means any death of a person resulting from an incident
of domestic abuse or attempted domestic abuse, including the death of a person who is not
a family member, household member, or dating partner of the perpetrator, or the suicide of
a person where there are implications that a person is the victim of domestic abuse prior to
his suicide. For the purposes of this Section, "domestic abuse fatality" shall be interpreted
broadly to give the Domestic Abuse Fatality Review Panel discretion to review fatalities that
have occurred both directly or peripherally to domestic relationships.

(5) "Family member" means spouses, former spouses, parents, children, stepchildren,
unborn children, foster parents, foster children, other ascendants, and other descendants.
"Family member" also means the other parent or foster parent of any child or foster child of
the offender.

(6) "Household member" means any person presently or formerly living in the same
residence with the offender and who is involved or has been involved in a sexual or intimate
relationship with the offender, or any child presently or formerly living in the same residence
with the offender, or any child of the offender regardless of where the child resides.

(7) "Review" means an examination or re-examination of information regarding a
deceased person from relevant agencies, professionals, healthcare providers, or other sources.

*Acts 2021, No. 320, §2, See Act.*

##### **§ 40:2024.3** Louisiana Domestic Abuse Fatality Review Panel; membership; chairman; proxies {#sec-40-2024.3 omnilex-key=us-la-statutes--rs-title-40--40:2024.3}

A. The legislature hereby establishes within the Louisiana Department of Health a
review panel which shall be designated as the "Louisiana Domestic Abuse Fatality Review
Panel", hereinafter referred to in this Part as "review panel". The review panel shall be
comprised of the following members:

(1) The state health officer or his designee.

(2) The secretary of the Louisiana Department of Health or his designee.

(3) The secretary of the Department of Children and Family Services or his designee.

(4) The assistant secretary of the office of behavioral health of the Louisiana
Department of Health or his designee.

(5) The director of the bureau of emergency medical services of the Louisiana
Department of Health or his designee.

(6) The director of the governor's office on women's policy or his designee.

(7) The superintendent of state police or his designee.

(8) The state registrar of vital records in the office of public health or his designee.

(9) The attorney general or his designee.

(10) A district attorney or assistant district attorney appointed by the Louisiana
District Attorneys Association.

(11) A sheriff appointed by the Louisiana Sheriffs' Association.

(12) A police chief appointed by the Louisiana Association of Chiefs of Police.

(13) A coroner appointed by the president of the Louisiana Coroners Association.

(14) The executive director of the Louisiana Coalition Against Domestic Violence
or his designee.

(15) The executive director of a community-based domestic violence service
organization or his designee.

(16) The president of the Louisiana Clerks of Court Association or his designee.

(17) A forensic pathologist certified by the American Board of Pathology and
licensed to practice medicine in the state appointed by the Louisiana State Board of Medical
Examiners.

(18) A representative of the Louisiana Protective Order Registry appointed by the
judicial administrator of the Louisiana Supreme Court.

(19) A representative of the legal services program funded by the Legal Services
Corporation that regularly provides civil legal representation to survivors of domestic
violence.

(20) A director or his designee of a local supervised visitation or safe exchange
center who is professionally trained to identify the unique safety needs of domestic violence
victims.

B. Any additional persons may be appointed to the review panel who are determined
to have relevant knowledge regarding domestic abuse and would aid the review panel in
fulfilling its duties.

C. The members of the review panel shall elect a chairman to serve the review panel.

D. Notwithstanding the provisions set forth in Subsection A of this Section, each
member shall be entitled to appoint a single person to serve as proxy for the duration of his
term if the member is unable to attend a meeting of the review panel. The term of the
designated proxy shall be the same as the voting member. A member appointing a person
to serve as his designated proxy shall make his appointment known to the chairman of the
review panel.

*Acts 2021, No. 320, §2, See Act.*

##### **§ 40:2024.4** Functions; duties of the review panel {#sec-40-2024.4 omnilex-key=us-la-statutes--rs-title-40--40:2024.4}

A. The functions of the review panel shall include:

(1) Identify and characterize the scope and nature of domestic abuse fatalities in this
state and, if the decedent victim is female, report all of the following:

(a) Whether the decedent was pregnant at the time of death.

(b) Is there medical evidence that indicates that the decedent had been recently
pregnant but was no longer pregnant at the time of death.

(c) Whether the decedent was single, married, or divorced to the extent such
information can be determined.

(2) Research and review trends, data, or patterns that are observed of domestic abuse
fatalities.

(3) Review past events and circumstances of domestic abuse fatalities by reviewing
records and other pertinent documents of public and private agencies that are responsible for
investigating deaths or treating victims.

(4) Research and revise, as necessary, operating rules and procedures for review of
domestic abuse fatalities including but not limited to identification of cases to be reviewed,
coordination among agencies and professionals involved, and improvement of the
identification, data collection, and record-keeping of the causes of domestic violence
fatalities.

(5) Recommend systemic improvements to promote improved and integrated public
and private systems serving victims of domestic abuse.

(6) Recommend components for prevention and education programs.

(7) Recommend training to improve the identification and investigation of domestic
violence fatalities that occur in Louisiana.

B. The review panel may do all of the following:

(1) Establish local and regional panels to which the review panel may delegate some
or all of its responsibilities under this Part.

(2) Analyze data available through any state systems that may decrease the incidence
of domestic abuse fatalities in this state.

(3) Create formal partnerships with existing local and regional fatality review panels
to accomplish its responsibilities under this Section.

*Acts 2021, No. 320, §2, See Act.*

##### **§ 40:2024.5** Records; confidentiality; prohibited disclosure and discovery {#sec-40-2024.5 omnilex-key=us-la-statutes--rs-title-40--40:2024.5}

A. Notwithstanding any other provision of law to the contrary, the review panel, or
any local or regional panel or agent of a local or regional panel, shall be authorized to access
medical and vital records in the custody of physicians, hospitals, clinics, other healthcare
providers, and the office of public health, and any other information, documents, or records
pertaining to the completed investigation of any domestic abuse fatality in the custody of any
law enforcement agency in order that it may perform its functions and duties as provided in
this Section.

B. The review panel, or any local or regional panel or agent of a local or regional
panel, may request from a person, agency, or entity any relevant information, whether written
or oral, to carry out its functions and duties. This information may include but is not limited
to the following:

(1) Medical information.

(2) Mental health information.

(3) Information from elder abuse reports and investigation reports which exclude the
identity of persons who have made a report and shall not be disclosed.

(4) Information from child abuse reports and investigations which exclude the
identity of persons who have made a report and shall not be disclosed.

(5) Summary of criminal history, criminal offender record, and local criminal history.

(6) Information pertaining to reports by healthcare providers of persons suffering
from physical injuries inflicted by means of a firearm or of persons suffering physical injury
where the injury is a result of abusive conduct.

(7) Information concerning a juvenile court proceeding.

(8) Information maintained by a family court or the office of vital records.

(9) Information provided by probation officers in the course of the performance of
their duties including but not limited to the duty to prepare reports as well as the information
on which these reports are based.

(10) Records of in-home supportive services unless disclosure is prohibited by
federal law.

C. The review panel, or any local or regional panel or agent of a local or regional
panel, may make a request in writing for the information sought and any person, agency, or
entity with information may rely on the request to determine whether information may be
disclosed. A person, agency, or entity that has the information and is governed by this
Section shall not be required to disclose the information. The intent of this Section is to
allow the voluntary disclosure of information by a person, agency, or entity that has the
information.

D. Except as provided in this Subsection, information and records obtained by the
review panel, or any local or regional panel or agent of a local or regional panel, in
accordance with the provisions of this Section, or results of any domestic abuse fatality
report, shall be confidential and shall not be available for subpoena nor shall the information
be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative,
or other proceeding, nor shall the records be deemed admissible as evidence in any civil,
criminal, administrative, or other tribunal or court of any reason. Information and records
presented to the review panel, or any local or regional panel or agent of a local or regional
panel, shall not be immune from subpoena, discovery, or prohibited from being introduced
into evidence solely because they were presented to or reviewed by the review panel, or any
local or regional panel or agent of a local or regional panel, if the information and records
have been obtained from other sources.

E. Any person, agency, or entity furnishing information, documents, and reports in
accordance with this Section shall not be liable for the disclosure and shall not be considered
in violation of any privileged or confidential relationship, if the person, agency, or entity has
acted in good faith in the reporting pursuant to this Section.

F. A member of the review panel, or any local or regional panel or agent of a local
or regional panel, may not disclose any information that is confidential under this Section.
A person who appears before, participates in, or provides information to the review panel,
or any local or regional panel or agent of a local or regional panel, shall sign a confidentiality
notice to acknowledge that any information he provides to the review panel, or any local or
regional panel or agent of a local or regional panel, shall be confidential. Information
identifying a victim of domestic violence whose case is being reviewed, or that victim's
family members, or an alleged or suspected perpetrator of abuse upon the victim, or
regarding the involvement of any agency with the victim or victim's family members, shall
not be disclosed in any report that is available to the public. Nothing in this Section shall
prohibit the publishing by the review panel, or any local or regional panel or agent of a local
or regional panel, of statistical compilations relating to domestic abuse fatalities which do
not identify a person's case or person's healthcare provider, law enforcement agency, or
organization who provides services to victims.

G. When the review panel, or any local or regional panel or agent of a local or
regional panel, concludes a review of a domestic abuse fatality or other review, it shall return
all information and records that concern a victim or the victim's family members to the
person, agency, or entity that furnished the information.

*Acts 2021, No. 320, §2, See Act.*

##### **§ 40:2024.6** Reporting to the legislature; requirements {#sec-40-2024.6 omnilex-key=us-la-statutes--rs-title-40--40:2024.6}

The review panel shall issue an annual report of its findings and recommendations
to the governor, the speaker of the House of Representatives, and the president of the Senate.
The report shall not contain information identifying any victim of domestic abuse or that
victim's family members, an alleged or suspected perpetrator of abuse upon a victim, or the
involvement of any agency with a victim or the victim's family members. The review panel
shall issue its initial report on or before January 30, 2023, and every year thereafter. The
report may include any recommendations for legislation that the review panel considers
necessary and appropriate.

*Acts 2021, No. 320, §2, See Act.*

##### **§ 40:2024.7** Financial and human resources obligations {#sec-40-2024.7 omnilex-key=us-la-statutes--rs-title-40--40:2024.7}

The Louisiana Department of Health may, at its discretion, secure financial and
human resources from, or create formal partnerships with, external entities, in order to meet
its obligations as described in this Part.

*Acts 2021, No. 320, §2, See Act.*

#### **PART I-B** LOCAL OVERDOSE FATALITY REVIEW PANELS

##### **§ 40:2025.1** Legislative findings {#sec-40-2025.1 omnilex-key=us-la-statutes--rs-title-40--40:2025.1}

The legislature hereby finds and declares the following:

(1) Substance use disorder and drug overdose are major health problems that
affect the lives of many people, multiple services systems, and lead to profound
consequences, including permanent injury and death.

(2) Overdoses caused by heroin, fentanyl, other opioids, stimulants, controlled
substance analogs, novel psychoactive substances, and other legal and illegal drugs
are a public health crisis that stress and strain the financial, public health, healthcare,
and public safety resources in Louisiana.

(3) Overdose fatality reviews, which are designed to uncover the who, what,
when, where, why, and how a fatal overdose occurs, allow jurisdictions to examine
and understand the circumstances leading to a fatal drug overdose.

(4) Through a comprehensive and multidisciplinary review, overdose fatality
review panels can better understand the individual and population factors and
characteristics of potential overdose victims.

*Acts 2024, No. 498, §1.*

##### **§ 40:2025.2** Definitions {#sec-40-2025.2 omnilex-key=us-la-statutes--rs-title-40--40:2025.2}

For purposes of this Part, the following terms shall have the following
meanings:

(1) "Next of kin" means the person or persons most closely related to a
decedent by blood or affinity.

(2) "Overdose fatality review" means a process in which a multidisciplinary
panel performs a series of individual overdose fatality reviews to effectively identify
system gaps and innovative community-specific overdose prevention and
intervention strategies.

*Acts 2024, No. 498, §1.*

##### **§ 40:2025.3** Local overdose fatality review panels; membership {#sec-40-2025.3 omnilex-key=us-la-statutes--rs-title-40--40:2025.3}

A.(1) Each parish within Louisiana may establish a local overdose fatality
review panel. Any review panel that is created shall operate in accordance with the
provisions of this Part.

(2) Two or more parishes may agree to jointly establish a multiparish
overdose fatality review panel. Multiparish review panel members shall execute a
memorandum of understanding between the parishes regarding membership, staffing,
and operations.

B. The local overdose fatality review panel shall be comprised of the
following members. However, any of the following persons who declines, in writing,
to participate shall not be counted toward the total membership of the panel nor
toward calculating a quorum. The members provided in Paragraphs (8) through (13)
of this Subsection shall be appointed by the chief executive of the parish governing
authority.

(1) The coroner or his designee.

(2) The director of the regional human services district in which the parish is
located or his designee.

(3) The regional director of the Department of Children and Family Services,
child welfare division for the region in which the parish is located or his designee.

(4) The regional medical director for the office of public health, Louisiana
Department of Health for the region in which the parish is located or his designee.

(5) The parish district attorney or his designee.

(6) The sheriff or his designee.

(7) The chief of police or his designee.

(8) A representative of a local jail or detention center.

(9) A healthcare provider who specializes in the prevention, diagnosis, and
treatment of substance use disorders.

(10) A mental health provider who specializes in substance use disorders.

(11) A representative of an emergency medical services provider in the parish.

(12) A representative from parole, probation, and community corrections.

(13) A representative of the judicial district court or drug court if the parish
has a drug court.

(14) The director of the local health department if the parish has a local health
department or his designee.

C. Any review panel established pursuant to this Part shall submit notice of
formation to the secretary of the Louisiana Department of Health through the human
services district member represented on the panel. The department shall maintain a
registry of active overdose fatality review panels in the state.

D. The members of the review panel shall elect a chairman. The chairman
may appoint additional persons to the review panel who are determined to have
relevant knowledge regarding overdose fatalities and would aid the panel in fulfilling
its duties.

E. Panel members shall not receive compensation or a per diem for their
services or attendance at panel meetings, except for those travel-related expenses
already provided for by their agency.

F. Meetings of a review panel shall be exempt from the provisions of R.S.
42:11 et seq.

*Acts 2024, No. 498, §1.*

##### **§ 40:2025.4** Functions; duties of the review panel {#sec-40-2025.4 omnilex-key=us-la-statutes--rs-title-40--40:2025.4}

A. Each overdose fatality review panel shall:

(1) Promote cooperation and coordination among agencies involved in the
investigation of drug overdose fatalities.

(2) Develop an understanding of the causes and incidence of drug overdose
fatalities in the jurisdiction where the review panel operates.

(3) Plan for and recommend changes within the agencies represented on the
panel to prevent drug overdose fatalities.

(4) Advise local, regional, and state policymakers about potential changes to
law, policy, funding, or practice to prevent drug overdoses.

(5) Establish and implement protocols and procedures.

(6) Conduct a multidisciplinary review of information received pursuant to
this Part regarding a decedent, which shall include but not be limited to:

(a) Consideration of the decedent's points of contact with healthcare systems,
social services, educational institutions, child and family services, the criminal justice
system, including law enforcement, and any other systems with which the decedent
had contact prior to his death.

(b) Identification of the specific factors and social determinants of health that
put the decedent at risk for an overdose.

(7) Recommend prevention and intervention strategies to improve
coordination of services and investigations among member agencies to reduce
overdose deaths.

(8) Collect, analyze, interpret, and maintain local data on overdose deaths.

B. In addition to the duties specified in this Section, a review panel may
investigate nonfatal overdose cases that occur within the panel's jurisdiction.

*Acts 2024, No. 498, §1.*

##### **§ 40:2025.5** Access to information; confidentiality {#sec-40-2025.5 omnilex-key=us-la-statutes--rs-title-40--40:2025.5}

A. Notwithstanding any other provision of law to the contrary, on written
request of the chair of an overdose fatality review panel and as necessary to carry out
the purpose and duties of the review panel, the panel shall be authorized to have
access to the following information:

(1) Information and records regarding the physical health, mental health, and
treatment for substance use disorder maintained by a healthcare provider, substance
use disorder treatment provider, hospital, or health system for an individual whose
death or near death is being reviewed by the review panel.

(2) Information and records maintained by a state or local government agency
or entity, including but not limited to death investigative information, medical
examiner investigative information, law enforcement investigative information,
emergency medical services reports, fire department records, prosecutorial records,
parole and probation information and records, court records, school records, and
information and records of the Department of Children and Family Services if the
agency or entity provided services to:

(a) An individual whose death or near death is being reviewed by the review
panel.

(b) The family of the decedent being investigated.

B. A person or entity subject to a records request by a review panel pursuant
to this Section may charge the review panel a reasonable fee for the service of
duplicating any records requested by the panel.

C. The chair of the review panel or the chair's designee may request the
individual whose overdose is under review or, if deceased, the individual's next of
kin to sign a consent form for the release of confidential information.

D. An individual, entity, or local or state agency that in good faith provides
information or records to the local panel shall not be subject to civil or criminal
liability or any professional disciplinary action as a result of providing the
information or record.

E. A member of a review panel may contact, interview, or obtain information
by request from a family member or friend of an individual whose death is being
reviewed by the panel.

F. Information and records obtained by the review panel in accordance with
the provisions of this Section and the results of any overdose fatality review report
shall be confidential and shall not be available for subpoena, nor shall the
information be disclosed, discoverable, or compelled to be produced in any civil,
criminal, administrative, or other proceeding, nor shall the records be deemed
admissible as evidence in any civil, criminal, administrative, or other tribunal or
court for any reason. Information and records presented to the review panel shall not
be immune from subpoena or discovery or prohibited from being introduced into
evidence solely because they were presented to or reviewed by the review panel if the
information and records have been obtained from other sources.

G. Any person, agency, or entity furnishing information, documents, and
reports in accordance with this Section shall not be liable for the disclosure and shall
not be considered in violation of any privileged or confidential relationship if the
person, agency, or entity has acted in good faith in the reporting pursuant to this
Section.

H. A member of the review panel shall not disclose any information that is
confidential under this Section. A person who appears before, participates in, or
provides information to the review panel shall sign a confidentiality notice to
acknowledge that any information that the person provides to the review panel shall
be confidential. Information identifying an overdose victim whose case is being
reviewed, or that victim's family members, or regarding the involvement of any
agency with the victim or victim's family members shall not be disclosed in any
report that is available to the public. Nothing in this Section shall prohibit the
publishing by the review panel of statistical compilations relating to overdose
fatalities which do not identify a person's case or a person's healthcare provider, law
enforcement agency, or organization that provides services to victims.

I. When the review panel concludes a review of an overdose fatality or other
review, it shall return all information and records that concern a victim or the victim's
family members to the person, agency, or entity that furnished the information.

*Acts 2024, No. 498, §1.*

##### **§ 40:2025.6** Reporting requirements {#sec-40-2025.6 omnilex-key=us-la-statutes--rs-title-40--40:2025.6}

A. Each overdose fatality review panel shall submit no later than November
first of each year an annual report to the human services district for the parish or
parishes served by the review panel. The annual report shall include but not be
limited to the following information:

(1) The total number of fatal overdoses that occurred within the jurisdiction
of the overdose fatality review panel.

(2) The number of fatal overdose cases investigated by the overdose fatality
review panel.

(3) Any recommendations for state and local agencies or the state legislature
to assist in preventing fatal and nonfatal overdoses in the state.

(4) Assessable results of any recommendations made by the overdose fatality
review panel, including but not limited to changes in local or state law, policy, or
funding made as a result of the panel's recommendations.

B. Each human services district shall compile the reports submitted to it from
the review panels and submit the compiled report to the Louisiana Department of
Health no later than December thirty-first of each year. The compiled report shall
also include any additional recommendations from the human services district based
on the data received for the region.

C. The Louisiana Department of Health shall analyze each annual report,
shall create a single report containing an aggregate of the data received pursuant to
this Section, and shall submit the report to the governor and legislature no later than
March fifteenth of each year.

D. Reports submitted pursuant to this Section are not confidential and are
subject to the Public Records Law.

*Acts 2024, No. 498, §1.*

#### **PART II** LICENSING OF HOSPITALS

#### **SUBPART A** THE HOSPITAL LICENSING LAW

##### **§ 40:2100** Short title {#sec-40-2100 omnilex-key=us-la-statutes--rs-title-40--40:2100}

This Part may be cited as the Hospital Licensing Law.

*Added by Acts 1961, No. 90, §1. Acts 1997, No. 1371, §3, eff. Jan. 1, 1998.*

##### **§ 40:2101** Purpose {#sec-40-2101 omnilex-key=us-la-statutes--rs-title-40--40:2101}

The purpose of this Part is to provide for the protection of the public health through the development, establishment, and enforcement of standards for the care of individuals in hospitals; and for the construction, maintenance, and operation of hospitals which, in light of advancing knowledge, will promote safe and adequate treatment of such individuals in hospitals; and for regulating the operation and maintenance of hospitals in Louisiana.

*Added by Acts 1961, No. 90, §1.*

##### **§ 40:2102** Definitions {#sec-40-2102 omnilex-key=us-la-statutes--rs-title-40--40:2102}

As used in this Part:

(1) "Department" means the Louisiana Department of Health.

(2) "Hospital" means any institution, place, building, or agency, public or private,
whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who
are suffering from illness, injury, infirmity, or deformity or other physical condition for
which obstetrical, medical, or surgical services would be available and appropriate and which
operates or is affiliated with facilities for the overnight care, observation, or recovery of those
persons. The term "hospital" does not include the following:

(a) Physicians' offices or clinics where patients are not regularly kept as bed patients
for twenty-four hours or more.

(b) Nursing homes as defined by and regulated under the provisions of R.S.
40:2009.1 through 2009.12.

(c) Persons, schools, institutions, or organizations engaged in the care and treatment
of children with intellectual disabilities and which are required to be licensed by the
provisions of the Developmental Disability Law (R.S. 28:451.1 et seq.).

(d) Hospitalization or care facilities maintained by the state at any of its penal and
correctional institutions provided that nothing herein contained shall prevent a penal or
correctional institution from applying for licensure of its hospitalization or care facility.

(e) Hospitalization or care facilities maintained by the federal government or
agencies thereof.

(f) Hospitalization or care facilities maintained by any university or college provided
that nothing herein contained shall prevent any college or university from applying for
licensure of its hospitalization or care facility.

(g) Any other entity licensed for the diagnosis, treatment, or care of persons admitted
for overnight stay.

(3) "Person" means the state, and any political subdivision or municipal corporation
thereof, an individual, firm, partnership, corporation, company, association or joint stock
association, or the legal successor thereof.

(4) "Secretary" means the secretary of the Louisiana Department of Health.

*Added by Acts 1961, No. 90, §1. Amended by Acts 1966, No. 524, §1; Acts 1977, No. 680, §56; Acts 1992, No. 806, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.*

##### **§ 40:2103** Date licenses must be obtained; moratorium on licensure of long-term care hospitals and beds {#sec-40-2103 omnilex-key=us-la-statutes--rs-title-40--40:2103}

A. After July 1, 1961, no person acting individually or jointly with any
other person shall establish, conduct, or maintain a hospital without a license
from the department, except that any hospital in operation at the time of
enactment of this Part shall make application for a license and may continue
in operation until action has been taken on the application. Such hospitals
shall be given a reasonable time, under the particular circumstances, not to
exceed one year without department approval from the date of adoption of
rules, regulations, and minimum standards as herein provided, within which
to comply with such rules, regulations, and minimum standards.

B. A provisional license may be issued to a hospital for periods of six
months in cases where sufficient compliance with regulations, codes or
minimum standards require an extension of time. The failure to comply must
not be detrimental to the health or safety of the residents and the deficiencies
must be cited at the time of issuance.

C.(1) Notwithstanding any other provision of law to the contrary, the
Louisiana Department of Health shall implement a moratorium, effective
August 1, 1997, on the licensure of long-term care hospital facilities and beds
in long-term care hospital facilities. The Louisiana Department of Health shall
not approve for licensure as a hospital and enrollment as a Medicaid provider
any long-term care hospital facility, as defined in 42 CFR 412.23, nor shall it
approve for licensure and enrollment as a Medicaid provider any bed in such
a facility, until July 1, 2008.

(2) This moratorium shall not apply to facilities licensed and converted
to long-term care hospital facilities prior to December 1, 1997, or to Louisiana
entities that, prior to July 1, 1997, have filed an application for accreditation
with the Joint Commission on Accreditation of Healthcare Organizations for
facilities leased from a major teaching hospital, and have given notice to the
Louisiana Department of Health of their intention to obtain long-term care
hospital status for such hospital facilities.

(3) Without limiting the generality of the foregoing, the legislature
specifically intends that this moratorium shall not apply to the facility in
Orleans Parish formerly known as New Orleans General Hospital. Further, to
the extent permitted by federal law this moratorium shall apply only to
facilities enrolled in the Medicaid program.

*Added by Acts 1961, No. 90, §1. Amended by Acts 1970, No. 408, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 2001, No. 863, §2, eff. June 26, 2001; Acts 2003, No. 1191, §2, eff. July 3, 2003.*

##### **§ 40:2104** Application {#sec-40-2104 omnilex-key=us-la-statutes--rs-title-40--40:2104}

A. An application for a license shall be made to the department on forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed hereunder and information required for health planning pursuant to R.S. 36:256(B). Additional information required by the licensing agency or for health planning shall be supplied on supplemental forms as needed.

B. As a condition of licensure, the department may require hospitals to provide certain information including but not limited to financial, demographic, and census information. The department shall promulgate rules to implement this Subsection in accordance with the Administrative Procedure Act. Such information shall be shared with the Louisiana Hospital Association, which shall be subject to the same confidentiality requirements provided for in this Subpart.

*Acts 1989, No. 229, §1; Acts 1999, No. 1289, §1.*

##### **§ 40:2105** Procedure and investigation relative to issuance of license {#sec-40-2105 omnilex-key=us-la-statutes--rs-title-40--40:2105}

A. Following receipt of an application for license the department shall
issue a license if the applicant and hospital facility meet the requirements
established under this Part and the minimum standards adopted in pursuance
thereof.

B. Any officer or duly authorized agent of the Louisiana Department
of Health, the fire marshal, or either, may enter and inspect any building or
premises at any reasonable time to secure compliance with or to prevent the
violation of any provision of this Part.

C. The department may, either before or after the issuance of a license,
request the cooperation of the fire marshal to make investigations to determine
if the applicant or licensee is complying with the minimum standards
promulgated by the department. The report and recommendations of any such
agency shall be in writing and shall state with particularity its findings with
respect to compliance or noncompliance with such minimum standards. It
shall be the duty of the fire marshal to cooperate with the department in the
enforcement of this Part and the minimum standards adopted in pursuance
thereof when called upon by the department.

*Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §57.*

##### **§ 40:2106** Confidential nature of financial information and financial records {#sec-40-2106 omnilex-key=us-la-statutes--rs-title-40--40:2106}

Notwithstanding the provisions of the Public Records Act, financial information and financial records received by the department under the provisions of this Part shall be held confidential and shall not be disclosed except when subpoenaed in a proceeding for the revocation, suspension, or denial of a license.

*Added by Acts 1961, No. 90, §1; Acts 1985, No. 340, §1, eff. July 9, 1985; Acts 1999, No. 1289, §1.*

##### **§ 40:2107** Fees and limitations {#sec-40-2107 omnilex-key=us-la-statutes--rs-title-40--40:2107}

A. The application by any person for a license or renewal of a license to operate a hospital shall be accompanied by a fee of one hundred dollars plus three dollars per bed which is hereby levied as the license fee for operation of a hospital for a period of one year; provided hospitals subject to the licensing requirements of this Part which are owned and operated by the state of Louisiana shall be exempt from payment of the fees stipulated in this Section. The fees herein levied and collected shall be paid into the general fund.

B. Each license issued hereunder shall be for a period of one year from date of issuance unless sooner revoked, shall be on a form prescribed by the Department, shall not be transferable or assignable, shall be issued only for the person and premises named in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application and payment of the license fee as in the case of the procurement of an original license.

*Added by Acts 1961, No. 90, §1; Amended by Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1986, No. 497, §1, eff. July 2, 1986.*

##### **§ 40:2108** Repealed by Acts 2022, No. 252, §3. {#sec-40-2108 omnilex-key=us-la-statutes--rs-title-40--40:2108}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2109** Rules, regulations, and minimum standards {#sec-40-2109 omnilex-key=us-la-statutes--rs-title-40--40:2109}

A. In order to carry out the purposes of this Part, the Louisiana Department of
Health, subject to the provisions of R.S. 40:2108(D), shall, after a public hearing, adopt
rules, regulations, and minimum standards, which shall have the effect of law, governing the
operation and maintenance of hospitals; thereafter, in accordance with the same procedure
the department may modify, amend, or rescind such rules, regulations, and minimum
standards.

B. The minimum standards adopted by the secretary governing operation and
maintenance of hospitals may contain regulations in relation to:

(1)(a) Construction of hospital buildings, facilities, and equipment, including
regulations on plumbing, heating, lighting, ventilation, fire protection, fire prevention
devices and equipment, floor space, and other housing conditions designed to ensure
the health, safety, and comfort of patients.

(b) No regulation or policy adopted by the secretary or any other department or
agency of the state, other than the Department of Transportation and Development, shall
make applicable to any vehicle or trailer duly licensed for operation or movement on public
highways, any standard for fire protection or fire prevention equipment or any other related
or similar requirement greater than that applied to office operations when such trailer is used
for the purpose of housing and transporting medical and diagnostic or therapeutic equipment
to be used for hospital patients. This Subparagraph shall apply only to regulations and
policies adopted prior to four years after July 19, 1990.

(c) The establishment of new or replacement facilities or reestablishment of facilities
that have sustained substantial structural damage from a hurricane or substantial structural
damage from flooding which are located in areas subject to hurricanes, tidal surges, or
flooding. An architect or civil engineer registered in the state shall determine whether a
facility has sustained substantial structural damage from a hurricane or substantial structural
damage from flooding in accordance with the Louisiana State Uniform Construction Code.
The regulations adopted by the department shall include but not be limited to:

(i) Requirements of building and construction codes and guidelines.

(ii) Provisions for the fair allocation of the Medicaid share of facility-specific costs
directly incurred by a facility as a result of compliance.

(iii) Provisions for reasonable time periods for compliance, not to exceed three years,
except when extensions are granted by the department for good cause.

(2) Sanitary conditions, practices, and environment and sanitary and sterilization
procedures and practices designed to avoid sources and transmission of infections, including
regulations governing the isolation of patients with communicable diseases.

(3) Diet related to the needs of each patient based on good nutritional practice and
on recommendation of the attending physician; laboratory, X-ray, and pharmacy facilities or
access of the hospital to such facilities; personnel having responsibility for any part of the
care and treatment of patients.

(4) Equipment essential to the health, care, and maximum well-being of the patients
of the hospital.

(5) Such other regulations or standards as will ensure proper care and treatment of
patients as may be deemed necessary for an effective administration of this Part.

(6) Classification of hospitals and variation of standards so as to ensure realistic,
practical, and uniform standards for the hospitals in each classification.

(7) Minimum number of beds required, which shall be ten. In the case of a parish
in which the sole hospital providing inpatient and emergency department services
temporarily ceases operations as a result of an event which is the subject of an executive
order or a proclamation of emergency or disaster issued in accordance with R.S. 29:724, the
Louisiana Department of Health shall waive the minimum bed number. The requirement of
a minimum number of beds shall be waived in order that a temporary hospital may be
constructed or a modular building designed for inpatient services may be utilized in such
parish. Such waiver shall be effective for a period of two years, beginning the date on which
the temporary hospital commences operations as an inpatient facility. Extensions shall be
granted by the Louisiana Department of Health for good cause, including but not limited to
delays in construction beyond the provider's control.

C. Any healthcare facility that proposes to utilize beds for post-hospital extended
care, including distinct-part skilled, intermediate, and swing, and admits nursing home
patients who receive Medicaid payments to those beds shall meet all licensure requirements
for nursing homes. Such requirements shall include but not be limited to a nursing home
license, employment of a nursing home administrator, social service designee, and a patient
activity coordinator, and all need criteria and resource goals promulgated by the Louisiana
Department of Health pursuant to 42 U.S.C. 1320a-1. A review for need shall be conducted
by the Louisiana Department of Health utilizing the State Health Plan resource goals and
departmental need criteria regardless of whether there is a capital expenditure. If need is not
established in accordance with the need criteria and resource goals, license shall be denied
for utilization of those beds. Distinct-part skilled and swing beds approved for utilization
pursuant to the provisions of this Subsection shall be limited to twenty such beds per
hospital.

D. Any healthcare facility which, on the effective date of this Subsection, has in
operation any distinct-part skilled or swing beds or has been notified by the division of
policy, planning, and evaluation of the Louisiana Department of Health that such proposed
beds do not require health planning review, and which would otherwise be subject to the
provisions of this Section, shall be exempted from health planning review to determine need
for such beds. However, nothing herein shall be construed to allow the participation in the
Medicaid program of such classification of beds unless the facility and beds possess a Title
XIX provider agreement prior to September 1, 1987.

E.(1) The secretary shall adopt rules, regulations, and minimum standards providing
for the disposition of patients' medical records upon closure of a hospital. Such regulations
may require submission by a hospital which is closing of a plan for the disposition of
patients' medical records to the secretary for his approval. Notwithstanding the provisions
of R.S. 40:2144, the secretary may approve any plan which he deems to be in the best interest
of the patients.

(2) The provisions of this Subsection shall not be construed to authorize the secretary
to close any hospital without approval as otherwise provided by law.

F. In addition to any other standard for licensure adopted in this Section and any
other applicable state or federal law or regulation, the minimum standards adopted by the
secretary shall provide that hospitals may not pay or reimburse, directly or indirectly, any
sum for leave-of-absence days for any patient admitted to the hospital, directly or indirectly,
from a nursing home facility. Any such payment or reimbursement as prohibited by this
Section shall be deemed to be payment for referral within the meaning of applicable law.

Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §59; Acts 1978,
No. 786, §5, eff. July 17, 1978; Acts 1986, No. 899, §1; Acts 1987, No. 634, §1; Acts 1989,
No. 735, §1; Acts 1990, No. 569, §1, eff. July 19, 1990; Acts 1992, No. 806, §1; Acts 1995,
No. 1111, §1, eff. June 29, 1995; Acts 1997, No. 972, §1; Acts 2005, 1st Ex. Sess., No. 7,
§1, eff. Nov. 23, 2005; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005; Acts 2008,
No. 409, §1, eff. June 21, 2008; Acts 2009, No. 438, §8(A); Acts 2018, No. 206, §4; Acts
2022, No. 271, §4; Acts 2025, No. 77, §1, eff. Jan. 1, 2026.

NOTE: See Acts 1995, No. 1111, §3.

##### **§ 40:2109.1** Hospital reports on complications of surgical procedures resulting from an abortion {#sec-40-2109.1 omnilex-key=us-la-statutes--rs-title-40--40:2109.1}

A. A hospital licensed by the Louisiana Department of Health, pursuant to this Part
shall submit a report to the department on patients who present for treatment in the
emergency department as a result of complications after an abortion as defined in R.S.
14:87.1. The report shall be confidential, shall be exempt from disclosure pursuant to the
Public Records Law, R.S. 44:1 et seq., and shall not contain the name or address of the
patient.

B. The Louisiana Department of Health, in consultation with the Louisiana State
Board of Medical Examiners, shall promulgate rules regarding the electronic coding,
reporting, and tracking of complications after any abortion that is treated at any hospital.

C.(1) The report required by Subsection A of this Section shall include the following
information, if known:

(a) The date of the abortion.

(b) The name and address of the facility where the abortion was performed or
induced.

(c) The nature of the abortion complication diagnosed or treated.

(d) The name and address of the facility where the post-abortion care was performed.

(2) Each facility that is subject to the requirements of this Section shall ensure that
a staff member of the facility attempts to obtain the information required by Paragraph (1)
of this Subsection from any patient prior to the patient's discharge from the facility who
presents for treatment in the emergency department of the facility as a result of complications
after an abortion.

(3) The report shall be submitted on a form created by the Louisiana Department of
Health. The Louisiana Department of Health shall publicly report aggregate data annually
by facility where the abortion was performed or induced.

*Acts 2021, No. 425, §1.*

##### **§ 40:2109.2** Hospitals; passenger elevators equipped with telephone or intercom {#sec-40-2109.2 omnilex-key=us-la-statutes--rs-title-40--40:2109.2}

Commencing January 1, 1981, each hospital in this state which is
licensed by the Louisiana Department of Health and which maintains and
operates one or more passenger elevators in such hospital shall equip each
passenger elevator with a telephone or an intercom system. The Louisiana
Department of Health may adopt necessary rules, regulations, and minimum
standards for the purposes of this Section. The license of any such hospital
may be suspended upon failure of the hospital to comply with the provisions
of this Section.

*Added by Acts 1980, No. 378, §1.*

##### **§ 40:2109.3** Pediatric advanced life support training for nurses {#sec-40-2109.3 omnilex-key=us-la-statutes--rs-title-40--40:2109.3}

A. As used in this Section, the following definitions shall apply unless the content clearly states otherwise:

(1) "Pediatric ward" means a specially designated area, floor, or section in a hospital that is recognized as the area, floor, or section where infants and children can be treated.

(2) "Registered nurse" means any person licensed under R.S. 37:920 to engage in the practice of nursing.

B. No later than January 1, 1995, every registered nurse who works primarily in a hospital emergency room or pediatric ward shall be trained in an emergency nursing pediatric course that includes training in pediatric trauma and pediatric advanced life support and that has been conducted pursuant to guidelines established by the Louisiana State Board of Nursing. Training taken in compliance with this requirement may be used to satisfy continuing education requirements as established by the Louisiana State Board of Nursing. Training may be taught by any person approved pursuant to guidelines established by the Louisiana State Board of Nursing.

*Acts 1993, No. 548, §1, eff. June 10, 1993.*

##### **§ 40:2110** Denial, suspension or revocation of license; appeal {#sec-40-2110 omnilex-key=us-la-statutes--rs-title-40--40:2110}

A. The secretary may deny, suspend or revoke a license in any case in which he finds that there has been a substantial failure of the applicant or licensee to comply with the requirements of this Part or the rules, regulations and minimum standards adopted by the department, provided in all such cases the secretary shall furnish the applicant or licensee thirty days written notice specifying reasons for the action.

B. Any applicant or licensee who feels aggrieved by the action of the secretary in denying, suspending or revoking a license may appeal suspensively from the action of the secretary in accordance with the delay, notice and other procedures set forth in R.S. 40:2009.7 B, C, and D.

C. Any person aggrieved by an action of the appellate board may, within thirty days after notification of such action, appeal suspensively to the district court for the parish of East Baton Rouge. A record of all proceedings before the board shall be made and kept on file with the board. The board shall transmit to the district court a certified copy of the record. The district court shall try the appeal de novo.

D.(1) Notwithstanding any law to the contrary, the secretary may issue an immediate suspension of a license for a freestanding inpatient psychiatric hospital if an investigation or survey determines that the applicant or licensee is in violation of any provision of this Subpart, in violation of the rules promulgated by the department, or in violation of any other federal or state law or regulation, and the secretary determines that the violation or violations pose an imminent or immediate threat to the health, welfare, or safety of a client or patient. The secretary shall give the licensee five days written notice of the immediate suspension. The suspension of the license shall be effective five days after receipt of the written notice. After the freestanding inpatient psychiatric hospital receives the immediate suspension notice, the department shall assist the hospital with discharge planning, which shall address transition, relocation, and transportation issues, for each patient admitted at the hospital as of the date of receipt of the written notice of the immediate suspension.

(2) The licensee shall have the right to file a devolutive appeal of the immediate suspension notice. The appeal request shall be filed with the office of the secretary within thirty calendar days of the receipt of the written notice of the immediate suspension. The appeal request shall specify in detail the reasons why the appeal is being lodged.

(3) The licensee shall have the right to file for injunctive relief from the immediate suspension of the license. The injunctive relief shall be filed with the Nineteenth Judicial District Court for the parish of East Baton Rouge. Before injunctive relief may be granted, the licensee shall prove by clear and convincing evidence that the secretary's decision to issue the immediate suspension of the license was arbitrary and capricious.

E. If a license for a freestanding inpatient psychiatric hospital is revoked or renewal of a license for a freestanding inpatient psychiatric hospital is denied other than for cessation of business or non-operational status, or if the license is surrendered in lieu of an adverse action, any owner that had direct knowledge of the practices that led to the immediate suspension or any on-site administrator of the licensee may be prohibited from owning, managing, directing, or operating another freestanding inpatient psychiatric hospital in the state of Louisiana.

*Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §60; Acts 2012, No. 306, §1, eff. May 25, 2012.*

##### **§ 40:2111** Penalty for violation specified {#sec-40-2111 omnilex-key=us-la-statutes--rs-title-40--40:2111}

Any person establishing, conducting, managing, or operating any hospital without a license under this Part shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars for the first offense and not more than two hundred dollars for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense. The district attorneys of the several parishes shall represent the State in proceedings under this Part in their respective parishes.

*Added by Acts 1961, No. 90, §1.*

##### **§ 40:2112** Enforcement by injunction authorized {#sec-40-2112 omnilex-key=us-la-statutes--rs-title-40--40:2112}

Notwithstanding the existence or pursuit of any other remedy the secretary may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management, or operation of a hospital without a license under this Part.

*Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §61.*

##### **§ 40:2113** Charges for hospitalization and drugs {#sec-40-2113 omnilex-key=us-la-statutes--rs-title-40--40:2113}

Notwithstanding any provisions of law or admission rules or standards of a state hospital governing the admission of poor and destitute patients, all persons who are eligible to receive medical assistance benefits from any agency or insurance company or other entity public or private administering or in any way participating in any federal medical assistance program shall, if admitted to a state hospital, be charged fees for their hospitalization and drugs rendered them at rates to be established by agreement between the state hospital and the agency or insurance company or other entity public or private administering or in any way participating in the federal medical assistance program and having the authority to establish such rates by agreement. All funds received from fees paid under the provisions of this Section on behalf of patients shall be paid into the general fund.

*Added by Acts 1961, No. 90, §1. Amended by Acts 1966, No. 10, §1; Acts 1966, No. 26, eff. July 11, 1966, at 3:25 P.M.*

##### **§ 40:2113.1** Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014. {#sec-40-2113.1 omnilex-key=us-la-statutes--rs-title-40--40:2113.1}

*Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.*

##### **§ 40:2113.2** Rules, regulations, and contracts {#sec-40-2113.2 omnilex-key=us-la-statutes--rs-title-40--40:2113.2}

The Louisiana Department of Health shall prescribe rules and regulations to govern
the necessary contracts, agreements, and financial arrangements to properly conduct training
and research programs. Such rules and regulations shall govern contracts and agreements
with colleges and universities, both publicly and privately owned, within the state for the
purpose of promoting research and training in relation to illnesses of all types. All rules,
regulations, and contracts adopted under the former authority of R.S. 46:663.2 are continued
in effect and made subject to the provisions herein enacted.

*Added by Acts 1964, No. 170, §8. Amended by Acts 1977, No. 680, §62; Acts 2022, No. 271, §4.*

##### **§ 40:2113.3** Hospital improvement fund {#sec-40-2113.3 omnilex-key=us-la-statutes--rs-title-40--40:2113.3}

A. All funds received from fees paid by or on behalf of patients in Louisiana Charity Hospital at New Orleans and Confederate Memorial Medical Center at Shreveport under the provisions of Titles 28, 40 and 46 of the Revised Statutes of Louisiana of 1950 shall be deposited in a special account in the State Treasury to be known as the Hospital Improvement Fund, to the credit of the collecting hospital.

B. The monies so collected shall be credited to the account of the aforesaid hospitals in the Fund. For the fiscal year 1970-71 the first four hundred thousand dollars collected by Louisiana Charity Hospital at New Orleans shall be transferred to the Research and Training Account established under the provisions of R.S. 40:2113.1; for the fiscal years 1971-72 and 1972-73 the first two hundred thousand dollars collected by Louisiana Charity Hospital at New Orleans shall be transferred to the Research and Training Account established under the provisions of R.S. 40:2113.1; thereafter, no funds collected by Louisiana Charity Hospital at New Orleans shall be credited to the said Research and Training Account. The first one hundred thousand dollars credited to the account of Confederate Memorial Medical Center for the fiscal year 1970-71 shall likewise be transferred to the Research and Training Account established under the provisions of R.S. 40:2113.1; for the fiscal years 1971-72 and 1972-73 the first fifty thousand dollars credited to the account of Confederate Memorial Medical Center shall also be transferred to the Research and Training Account; thereafter, no monies credited to the account of Confederate Memorial Medical Center shall be transferred to the Research and Training Account. The remaining monies credited to the account of each such hospital in the fund are hereby dedicated without further or special appropriation to the respective hospital and shall be subject to expenditure from time to time for purchase of equipment. No part of the funds of any of said accounts shall revert to the State General Fund at the close of any fiscal year nor shall these funds be considered as other means of financing of the respective hospital.

*Acts 1970, No. 620, §2.*

##### **§ 40:2113.4** Duty to provide services; penalty {#sec-40-2113.4 omnilex-key=us-la-statutes--rs-title-40--40:2113.4}

A. Any general hospital licensed under this Part, which is owned or
operated, or both, by a hospital service district, which benefits from being
financed by the sale of bonds that are exempt from taxation as provided by
Louisiana law, or which receives any other type of financial assistance from
the state of Louisiana and which offers emergency room services to the public
and is actually offering such services at the time, shall make its emergency
services available to all persons residing in the territorial area of the hospital
regardless of whether the person is covered by private, federal Medicare or
Medicaid, or other insurance. Each person shall receive these services free
from discrimination based on race, religion, or national ancestry and from
arbitrary, capricious, or unreasonable discrimination based on age, sex, or
physical condition and economic status. However, in no event shall
emergency treatment be denied to anyone on account of inability to pay. Any
such hospital found to be in violation of this Section shall not receive any
client referrals from the Louisiana Department of Health.

B. For purposes of this Section, "emergency" means a physical
condition which places the person in imminent danger of death or permanent
disability, or in cases of rape; however, the person may be directed to another
hospital which has been designated by the coroner of the parish as a facility
which specializes in care and treatment of rape victims. "Emergency services"
means those services which are available in the emergency room and surgical
units in order to sustain the persons' life and prevent disablement until the
person is in condition to be able to travel to another appropriate facility
without undue risk of serious harm to the person. Those general hospitals
which do not have emergency room physician services available at the time of
the emergency shall not be in violation of this Section, if after a good faith
reasonable effort a physician is unavailable to provide those medical services,
which according to law, only physicians are authorized to perform.

C.(1) In all cases in which a child under fourteen has been raped or
physically or sexually abused, the coroner of the parish may direct the person
to a facility which has been designated by said coroner as a facility which
specializes in the care and treatment of such victims.

(2) The coroner, in conjunction with the designated facility and the
district attorney and local law enforcement authority, may provide for and
equip a room for videotaping a child pursuant to R.S. 15:440.1 through 440.6.

*Added by Acts 1980, No. 630, §1. Amended by Acts 1981, No. 446, §1; Acts 1984, No. 563, §1.*

##### **§ 40:2113.5** Services to persons who are elderly and persons with disabilities {#sec-40-2113.5 omnilex-key=us-la-statutes--rs-title-40--40:2113.5}

Any general hospital licensed under this Part, which is owned or operated, or both, by a hospital service district, or which benefits from being financed by the sale of bonds from the state or guaranteed by the state that are exempt from taxation as provided by Louisiana law, or which receives any other type of financial assistance from the state, is directed to give, when possible, priority to the treatment of persons who are elderly and persons with physical or mental disabilities in the delivery of nonemergency health care services.

*Added by Acts 1981, No. 573, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:2113.6** Emergency diagnoses and services; denial for inability to pay; discriminatory practices {#sec-40-2113.6 omnilex-key=us-la-statutes--rs-title-40--40:2113.6}

A.(1) No officer, employee, or member of the medical staff of a
hospital licensed by the Louisiana Department of Health shall deny emergency
services available at the hospital to a person diagnosed by a licensed physician
as requiring emergency services because the person is unable to establish his
ability to pay for the services or because of race, religion, or national ancestry.
In addition, the person needing the services shall not be subjected by any such
person to arbitrary, capricious, or unreasonable discrimination based on age,
sex, physical condition, or economic status.

(2) This Section shall not prohibit or apply to any action taken by a
hospital, officer, employee, member of the medical staff, or physician which
substantially complies with applicable federal law or regulation.

B. No officer, employee, or member of the medical staff of a hospital
licensed by the Louisiana Department of Health shall deny a person in need of
emergency services access to diagnosis by a licensed physician on the staff of
the hospital because the person is unable to establish his ability to pay for the
services or because of race, religion, or national ancestry. In addition, the
person needing the services shall not be subjected by any such person to
arbitrary, capricious, or unreasonable discrimination based on age, sex,
physical condition, or economic status.

C. "Emergency services" means services that are usually and
customarily available at the respective hospital and that must be provided
immediately to stabilize a medical condition which, if not stabilized, could
reasonably be expected to result in the loss of the person's life, serious
permanent disfigurement or loss or impairment of the function of a bodily
member or organ, or which is necessary to provide for the care of a woman in
active labor if the hospital is so equipped and, if the hospital is not so
equipped, to provide necessary treatment to allow the woman to travel to a
more appropriate facility without undue risk of serious harm.

D. No hospital or any officer or employee who makes a good faith
effort to comply with the provisions of this Section shall be found in violation
of this Section for the failure of another officer, employee, or member of the
medical staff or physician to provide or delegate the provision of medical
services or diagnosis as required by this Section.

E. Each hospital to which this Section applies shall provide written
notice of the provisions of this Section to all officers, employees, and members
of the medical staff, and other appropriate personnel who have duties related
to access to and delivery of emergency services.

F. An officer, employee, or member of the medical staff of a hospital
who intentionally or recklessly violates the provisions of this Section may be
subject to a fine of not more than five thousand dollars and may be suspended
from the state medical assistance program. Subsequent intentional or reckless
violations shall be punishable by a fine of five thousand dollars and
termination of participation in the state medical assistance program. For the
purposes of this Section, any violation occurring more than six months after
the last such violation shall not be considered a subsequent violation.

*Acts 1986, No. 998, §1.*

##### **§ 40:2114** Organization of medical and dental staff {#sec-40-2114 omnilex-key=us-la-statutes--rs-title-40--40:2114}

A. Each hospital shall have a single, organized medical and dental staff. Medical
and dental staff membership shall include doctors of medicine or osteopathy who are
currently licensed to practice medicine or osteopathy by the Louisiana State Board of
Medical Examiners and dentists licensed to practice dentistry by the Louisiana State Board
of Dentistry.

B. Each hospital offering care or services within the scope of the practice of
psychology, as defined in R.S. 37:2352(5), shall establish rules, regulations, and procedures
for consideration of an application for medical staff membership and clinical privileges
submitted by a psychologist licensed to practice psychology by the Louisiana State Board of
Examiners of Psychologists or a medical psychologist licensed to practice medical
psychology by the Louisiana State Board of Medical Examiners. No hospital shall deny such
medical staff membership and clinical privileges solely because the applicant is licensed
under R.S. 37:2351 et seq., or R.S. 37:1360.51 et seq.

C. No individual shall be automatically entitled to membership on the medical and
dental staff or to the exercise of any clinical privilege solely on the basis of his license to
practice in any state, his membership in any professional organization, his certification by
any clinical examining board, or his clinical privileges or staff membership at another
hospital without meeting the reasonable criteria for membership established by the governing
body of the respective hospital.

D. The provisions of this Section shall in no way affect the provisions of R.S.
37:1301.

E. A hospital shall establish rules, regulations, and procedures setting forth the
nature, extent, and type of staff membership and clinical privileges, as well as the limitations
placed by the hospital on said staff membership and clinical privileges for all health care
providers practicing therein.

*Acts 1986, No. 1043, §1; Acts 1992, No. 321, §1; Acts 2009, No. 251, §9, eff. Jan. 1, 2010; Acts 2021, No. 238, §2.*

##### **§ 40:2115** Smoking in hospitals; prohibition; exceptions {#sec-40-2115 omnilex-key=us-la-statutes--rs-title-40--40:2115}

A. Except as provided herein, smoking shall be prohibited in enclosed areas of all
hospitals licensed pursuant to this Part. However, smoking may, at the discretion of the
governing board of the hospital, be permitted in patient rooms, but only:

(1) Upon the order of the patient's primary treating physician.

(2) With the consent of all patients in the room, if any.

(3) In accordance with all standards established by the Joint Commission on
Accreditation of Health Care Organizations and all applicable state and federal regulations.

B. For purposes of this Section, "enclosed area" shall be determined by the governing
board of the hospital but shall include, at a minimum, all areas of the building that are air
conditioned or heated.

C.(1) Notwithstanding the provisions of Subsection A of this Section, the governing
board of the hospital may designate a well-ventilated area for smokers. Additionally, the
governing board of a private psychiatric hospital and the Department of Public Safety and
Corrections shall establish rules and policies to reasonably accommodate inpatients and
inmates who smoke.

(2)(a) The Louisiana Department of Health shall establish procedures for treatment
of smokers with mental illness in its psychiatric hospitals and forensic facilities which are
smoke free. The department shall implement such procedures for patients currently being
treated in its psychiatric hospitals and forensic facilities which are smoke free and for new
patients at the time of admission.

(b) In carrying out the provisions of this Paragraph, the department shall do all of the
following:

(i) Screen the patient for smoking cessation needs.

(ii) Seek the consent of the patient to participate in education and treatment regarding
smoking cessation.

(iii) Train psychiatric hospital staff of the department in smoking cessation best
practices and monitoring of the patient's treatment plan, symptoms, and medication
adjustments. Psychiatric hospital staff so trained may include tobacco cessation in the
patient's treatment plan after a review of the patient's diagnosis and medication history.

(iv) Provide patients in department psychiatric hospitals and forensic facilities with
access to smoking cessation assistance, including but not limited to counseling, nicotine
replacement therapy, and oral medications.

(v) Provide patients in department psychiatric hospitals and forensic facilities with
access to smokeless tobacco cessation assistance.

(vi) Provide information about smoking cessation in discharge planning, including
information about smoking cessation resources in the community.

D.(1) Any person who, in violation of this Section, smokes in an area that has not
been designated as an area for smokers may be issued a summons by a law enforcement
officer. The summons shall be returned to the court having jurisdiction over misdemeanors
in the parish or municipality of the domicile of the hospital.

(2) Any violation of this Subsection shall be punishable by a fine not to exceed five
hundred dollars or community service not to exceed ten days, or both.

*Acts 1992, No. 1005, §1; Acts 2001, No. 977, §1; Acts 2012, No. 373, §1, eff. May 31, 2012.*

##### **§ 40:2115.1** Review of standards for licensed psychiatric hospitals and residential substance abuse facilities {#sec-40-2115.1 omnilex-key=us-la-statutes--rs-title-40--40:2115.1}

A. The legislature hereby declares that promoting efficiency and productivity
of psychiatric hospitals and residential substance abuse facilities within the
healthcare system is vital to the improvement and overall welfare of the residents in
this state.

B. The Louisiana Department of Health shall:

(1) Evaluate the current standards for psychiatric hospitals and residential
substance abuse facilities and make recommendations to the legislature for new or
revised standards to improve health outcomes and to provide for increased
accountability.

(2) Explore potential value-based financial incentives for Medicaid-enrolled
psychiatric hospitals that sustain or exceed quality of care criteria.

(3) Conduct a review and evaluation of the standards for psychiatric hospitals
and residential substance abuse facilities in this state and submit a report of its
findings to the House and Senate committees on health and welfare. The report shall
contain recommendations for new or revised standards to improve health outcomes
and provide increased accountability and also an evaluation and recommendations
of accreditation requirements for psychiatric hospitals and residential substance abuse
facilities in this state.

(4) Explore potential value-based financial incentives for Medicaid-enrolled
psychiatric hospitals that sustain or exceed quality of care criteria. Data, information,
and recommendations on such potential value-based financial incentives and quality
of care criteria shall be included in the report required by Paragraph (3) of this
Subsection.

C. The department may consult with any agency, department, board,
commission, accreditation organization, or other healthcare group or association to
conduct its review and evaluation and for preparation of its report.

D. For purposes of this Section, the following definitions shall apply:

(1) "Department" means the Louisiana Department of Health.

(2) "Psychiatric hospital" means any freestanding inpatient psychiatric
hospital licensed by the department.

(3) "Residential substance abuse facility" means any licensed behavioral
health service provider with a residential substance use disorder treatment facility
module.

E. The department shall submit the report required by this Section on or
before March 31, 2025, and upon submission of the report, this Section shall
terminate.

*Acts 2024, No. 743, §1.*

#### **SUBPART B** REVIEW AND APPROVAL OF HOSPITAL ACQUISITIONS

##### **§ 40:2115.11** Requirement for approval of hospital acquisitions {#sec-40-2115.11 omnilex-key=us-la-statutes--rs-title-40--40:2115.11}

The health of the people of our state is a most important public concern. The state has an interest in assuring the continued existence of accessible, affordable health care facilities that are responsive to the needs of the communities in which they exist. The state also has a responsibility to protect the public interest in nonprofit hospitals by making certain that the charitable assets of those hospitals are managed prudently. Therefore, no not-for-profit hospital shall be acquired by any person unless and until the acquisition is reviewed and approved by the attorney general.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.12** Definitions {#sec-40-2115.12 omnilex-key=us-la-statutes--rs-title-40--40:2115.12}

The terms in this Subpart shall have the meaning provided below:

(1) "Acquisition" means any acquisition by a person of an ownership or controlling interest in a not-for-profit hospital, whether by purchase, merger, lease, gift, or otherwise, that results in a change of ownership or control of thirty percent or greater of either the voting rights or the assets of a hospital, or that results in the acquiring person holding a fifty percent or greater interest in the ownership or control of a hospital.

(2) "Attorney general" means the attorney general or his designee.

(3) "Charitable assets" means those tangible and intangible assets in the form of movable and immovable property and equipment, personnel, and services acquired by a hospital through the expenditure of direct and indirect state, federal and local funds, or funds retained by virtue of their non-taxable status, and through money paid through the patronage of members of the community the hospital serves.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.13** Application to acquire a hospital {#sec-40-2115.13 omnilex-key=us-la-statutes--rs-title-40--40:2115.13}

A.(1) Every person shall give the attorney general at least thirty days notice of an impending acquisition, during which time the attorney general may take any necessary and appropriate action consistent with the provisions of this Subpart.

(2) The notice shall briefly describe the impending acquisition, including any change in ownership of tangible or intangible assets.

B.(1) No person shall acquire a not-for-profit hospital without the seller first having applied for and received the approval of the attorney general pursuant to this Subpart.

(2)(a) An application shall be submitted to the attorney general on forms provided by the attorney general and shall include the following:

(i) The name of the seller.

(ii) The name of the purchaser or other parties to the acquisition.

(iii) The terms of the proposed agreement.

(iv) The sale price.

(v) A summary of the acquisition agreement.

(vi) A financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria set forth in R.S. 40:2115.17.

(b) A copy of the application shall be submitted to the attorney general. The application shall be considered a public record.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.14** Review of application; notice {#sec-40-2115.14 omnilex-key=us-la-statutes--rs-title-40--40:2115.14}

A.(1) Within five working days after receipt of an application under R.S. 40:2115.13, the attorney general shall publish notice of the application in a newspaper of general circulation in the parish where the hospital is located and shall notify by first class United States mail any person who has requested notice of the filing of such application.

(2) The notice shall state the following:

(a) That an application has been received.

(b) The names of the parties to the agreement.

(c) A description of the contents of the application.

(d) The date by which a person may submit written comments about the application to the attorney general.

B.(1) The attorney general shall, within fifteen days after the date an application is received, determine if the application is complete for the purposes of review. The attorney general may find that an application is incomplete if a question on the application form has not been answered in whole or in part, or has been answered in a manner that does not fairly meet the question addressed, or if the application does not include attachments of supporting documents as required by R.S. 40:2115.13.

(2) If the attorney general determines that an application is incomplete, he shall notify the applicant within fifteen days after the date the application was received stating the reasons for his determination of incompleteness with reference to the particular questions for which a deficiency is noted. In the absence of timely notice, the application shall be deemed complete.

C. Within sixty days after receiving a completed application, the attorney general shall review the application in accordance with the standards set forth in this Subpart and approve or disapprove the acquisition pursuant to this Subpart.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.15** Public hearing; venue {#sec-40-2115.15 omnilex-key=us-la-statutes--rs-title-40--40:2115.15}

A. The attorney general shall, during the course of review under R.S. 40:2115.14, hold a public hearing in which any person may file written comments and exhibits, or may appear and make a statement.

B.(1) The hearing shall be held not later than thirty days after receipt of a completed application. The hearing shall be held upon ten working days notice, not including days the application is deemed to be incomplete.

(2) The hearing shall be held in the municipality in which the hospital is located. However, if the hospital is not located within a municipality, the hearing shall be held in the municipality nearest to the hospital and within the same parish in which the hospital is located or at the affected hospital itself.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998; Acts 2004, No. 916, §1.*

##### **§ 40:2115.16** Decision; appeal {#sec-40-2115.16 omnilex-key=us-la-statutes--rs-title-40--40:2115.16}

A.(1) The attorney general shall review the completed application in accordance with the criteria set forth in R.S. 40:2115.17. Within sixty days after receipt of a completed application, the attorney general shall either:

(a) Approve the acquisition, with or without specific modifications.

(b) Disapprove the acquisition.

(2) If the attorney general does not act within sixty days after receipt of an application, the application is deemed approved.

(3) If the attorney general disapproves the acquisition, he shall seek, from a court of competent jurisdiction, within the time allowed, an order enjoining the acquisition. The court shall grant the injunction, following a hearing, if it finds that the acquisition does not substantially comply with the criteria set forth in R.S. 40:2115.17 and 2115.18. In the event that the seller, purchaser, or attorney general disagrees with the court's decision, they may appeal as otherwise provided by law.

B. Any applicant aggrieved by a final decision of the attorney general may, within thirty days after notification of such action, appeal suspensively to the district court for the parish of East Baton Rouge. A record of all proceedings before the attorney general shall be made and kept on file with the attorney general. The attorney general shall transmit to the district court a certified copy of the record. The district court shall try the appeal de novo.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.17** Criteria for decision; attorney general {#sec-40-2115.17 omnilex-key=us-la-statutes--rs-title-40--40:2115.17}

A. The attorney general shall approve the application unless he finds that the acquisition is not in the public interest. An acquisition is not in the public interest unless appropriate steps have been taken to safeguard the value of charitable assets and ensure that any proceeds of the transaction are used for appropriate health care purposes as provided for in R.S. 40:2115.18.

B. In determining whether the acquisition meets such criteria under this Subpart, the attorney general shall consider:

(1) Whether the hospital's board of directors exercised due diligence in deciding to sell, selecting the purchaser, and negotiating the terms and conditions of the sale.

(2) The procedures used by the seller in making its decision, including whether appropriate expert assistance was used.

(3) Whether conflict of interest was disclosed, including but not limited to conflicts of interest related to board members of, executives of, and experts retained by the seller, purchaser, or parties to the acquisition.

(4) Whether the seller will receive fair value for its assets; provided that the attorney general may employ, at the seller's expense, reasonably necessary expert assistance in making this determination.

(5) Whether funds are placed at unreasonable risk, if the acquisition is financed in part by the seller.

(6) Whether any management contract under the acquisition is for fair value.

(7) Whether the sale proceeds will be used for appropriate health care purposes consistent with the seller's original purpose or for the support and promotion of health care in the affected community and whether the proceeds will be controlled as funds independently of the purchaser or parties to the acquisition.

(8) Whether any corporation established to hold the proceeds of the sale will be broadly based in the community and be representative of the affected community, taking into consideration the structure and governance of such corporation.

(9) Whether a right of first refusal to repurchase the assets by a successor corporation or foundation has been retained if the hospital is subsequently sold to, acquired by, or merged with another entity.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.18** Additional criteria for decision; attorney general {#sec-40-2115.18 omnilex-key=us-la-statutes--rs-title-40--40:2115.18}

In making a decision whether to approve or disapprove an application, the attorney general shall also determine whether the acquisition affects the continued existence of accessible, affordable health care facilities that are responsive to the needs of the community. In making this determination, the attorney general shall consider:

(1) Whether sufficient safeguards are included to assure the affected community continued access to affordable care.

(2) Whether the purchaser and parties to the acquisition have made a commitment, at least comparable to the seller, to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care. Activities and funding provided by the seller or its successor nonprofit corporation or foundation to provide such health care or to provide support or medical education and teaching programs or medical research programs shall be considered in evaluating compliance with this commitment.

(3) If health care providers will be offered the opportunity to invest or own an interest in the purchaser or a related entity to the purchaser, whether procedures or safeguards are in place to avoid conflict of interest in patient referral and the nature of such procedures or safeguards.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.19** Reports to the attorney general {#sec-40-2115.19 omnilex-key=us-la-statutes--rs-title-40--40:2115.19}

A. The attorney general may require annual reports from the seller or its successor corporation or foundation and from the purchaser or other parties to the acquisition for up to five years after the date of acquisition to ensure compliance with commitments made to the attorney general. The attorney general may subpoena information and documents reasonably necessary to assure compliance.

B. If the attorney general receives information indicating that the acquiring person is not fulfilling the commitment to the affected community as provided for in R.S. 40:2115.18, the attorney general shall hold a hearing upon ten days notice to the affected parties. If after the hearing the attorney general determines that the information is true, it may petition the department to revoke the license issued to the purchaser. Any action by the department to revoke the license shall conform to the procedure in R.S. 40:2109 et seq., and the regulations promulgated thereunder.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.20** Violations; license suspension or revocation {#sec-40-2115.20 omnilex-key=us-la-statutes--rs-title-40--40:2115.20}

A. No license to operate a hospital may be issued or renewed by the department pursuant to this Subpart or any other state statute, and a license that has been issued may be revoked or suspended if any of the following occurs:

(1) There is an acquisition of a hospital without first having received the approval of the attorney general.

(2) There is an acquisition of a hospital and the attorney general disapproves the acquisition.

(3) The hospital is not fulfilling its commitment under R.S. 40:2115.18(2) or is not following procedures or safeguards committed pursuant to R.S. 40:2115.18(3).

B. Any decision to refuse to issue or renew a license under this Subpart, and any action to revoke or suspend a license under this Subpart, shall conform to the procedure for issuance, renewal, revocation and suspension of licensure in R.S. 40:2109 et seq., and the regulations promulgated thereunder.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.21** Excluded acquisitions {#sec-40-2115.21 omnilex-key=us-la-statutes--rs-title-40--40:2115.21}

Any acquisition of a hospital before September 1, 1997, and any acquisition of a hospital which has been finally approved before January 1, 1998, according to any procedure in effect prior to the procedures set forth in this Subpart, shall not be subject to the provisions of this Subpart.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.*

##### **§ 40:2115.22** Prohibited acquisitions {#sec-40-2115.22 omnilex-key=us-la-statutes--rs-title-40--40:2115.22}

Any proprietary hospital management company shall be prohibited from purchasing a not-for-profit hospital that such management company has managed at any time in the previous three years prior to the date of sale.

*Acts 1999, No. 1279, §§1, 2.*

##### **§ 40:2115.23** Authority for regulation {#sec-40-2115.23 omnilex-key=us-la-statutes--rs-title-40--40:2115.23}

The attorney general may adopt rules and regulations pursuant to the Administrative Procedure Act to implement this Subpart and to contract with and provide reasonable reimbursement to qualified persons to assist in determining criteria set forth in R.S. 40:2115.17 and 2115.18.

*Acts 1997, No. 1371, §1, eff. Jan. 1, 1998; Acts 1999, No. 1279, §2.*

#### **SUBPART C** EMERGENCY DEPARTMENTS

##### **§ 40:2115.31** Legislative intent {#sec-40-2115.31 omnilex-key=us-la-statutes--rs-title-40--40:2115.31}

A. The legislature finds and declares that in order to protect the health and welfare
of the public it is imperative to regulate and control entities that hold themselves out to the
public as providing emergency medical care.

B. The legislature further finds and declares that emergency medical services should
be provided in a licensed hospital.

C. The legislature finds and declares that rural hospitals are an essential part of our
state's healthcare delivery safety net and their sustainability warrants protections from
competing offsite emergency departments with no inpatient hospital services encroaching
into their primary service area.

*Acts 2019, No. 438, §1.*

##### **§ 40:2115.32** Definitions {#sec-40-2115.32 omnilex-key=us-la-statutes--rs-title-40--40:2115.32}

For purposes of this Subpart, the following definitions shall apply:

(1) "Department" means the Louisiana Department of Health.

(2) "Emergency medical services" means those medical services necessary to screen,
evaluate, and stabilize an emergency medical condition of recent onset and severity,
including severe pain, that would lead a prudent layperson, acting reasonably and possessing
an average knowledge of health and medicine, to believe that the absence of immediate
medical attention could reasonably be expected to result in placing the health of the
individual in serious jeopardy, serious impairment to bodily function, or serious dysfunction
of any bodily organ or part.

(3) "Freestanding emergency department" means a healthcare facility that holds itself
out to the public as providing emergency medical services and is not licensed as part of the
main campus of a hospital or as an off-site campus of a hospital.

(4) "Healthcare facility" means a facility, including but not limited to a hospital, or
an office where a healthcare provider furnishes care to patients for health needs or medical
conditions.

(5) "Healthcare provider" means a person who is licensed, certified, or otherwise
authorized by the laws of this state to provide healthcare or medical treatment in the ordinary
course of business or practice of a profession.

(6) "Hospital" means an entity as defined in R.S. 40:2102.

(7) "Off-site campus" means all licensed premises where emergency, inpatient, or
outpatient hospital services are provided and that are not a part of or adjoining to the main
hospital building or grounds. For licensing purposes, an off-site campus shall be located
within thirty-five miles of the main hospital campus.

(8) "Rural hospital" means an entity as defined in R.S. 40:1189.3 or, for purposes of
this Subpart, a hospital that is in a parish with a population of greater than seventy thousand
but less than ninety thousand as of the latest federal decennial census.

*Acts 2019, No. 438, §1.*

##### **§ 40:2115.33** Emergency department; licensure; prohibitions {#sec-40-2115.33 omnilex-key=us-la-statutes--rs-title-40--40:2115.33}

A. Each emergency department operating in Louisiana shall be licensed by the
department as a part of a hospital under the Hospital Licensing Law, R.S. 40:2100 et seq.,
either as a part of the hospital's main campus or as a separate off-site campus of an existing
licensed hospital.

B. Freestanding emergency departments shall be prohibited in Louisiana.

C. The department shall not issue a license to any off-site campus emergency
department within the primary service area of a rural hospital. For purposes of this Section,
"primary service area" for a rural hospital created or ratified pursuant to laws providing for
hospital service districts, R.S. 46:1051 et seq., shall be coterminous with the boundaries of
its hospital service district. For all other rural hospitals, the primary service area shall have
the same meaning as set forth in R.S. 37:1307(6). However, the prohibition in this
Subsection shall not apply to a nonprofit licensed hospital that complies with the provisions
of Subsection A of this Section and that has obtained a building or construction permit for
a new off-site campus or hospital prior to April 1, 2019.

*Acts 2019, No. 438, §1.*

#### **PART II-A** FACILITY NEED REVIEW AND NURSING FACILITY MORATORIUM

##### **§ 40:2116** Facility need review {#sec-40-2116 omnilex-key=us-la-statutes--rs-title-40--40:2116}

A. The Louisiana Department of Health shall implement a facility need review
process in accordance with the provisions of this Section. The department may institute
facility need review on licensing or certification to participate in the Title XIX program.
Except as provided in R.S. 40:2116.1, no healthcare provider shall be subject to facility need
review unless authorized by the legislature in Subsection B of this Section.

B. The following healthcare providers shall be subject to facility need review to
determine the need for a new or additional facility, provider, program, service, or bed:

(1) Home- and community-based service providers. However, certain services or
modules of a home- and community-based service provider may be excluded from the
facility need review process at the discretion of the secretary of the Louisiana Department
of Health.

(2) Hospice providers or inpatient hospice facilities.

(3) Pediatric day health care facilities.

(4) Behavioral health services providers that provide psychosocial rehabilitation or
community psychiatric support and treatment services.

(5) Opioid treatment programs licensed under a behavioral health services provider
license.

(6) Intermediate care facilities for people with developmental disabilities.

(7) Residential substance abuse treatment providers, except those that provide
services to women and adolescents.

C.(1) The secretary of the Louisiana Department of Health shall appoint a facility
need review committee, "FNR committee", that shall consist of the following members:

(a) The secretary of the Louisiana Department of Health or his designee.

(b) The assistant secretary of the office of behavioral health of the Louisiana
Department of Health or his designee.

(c) The assistant secretary of the office for citizens with developmental disabilities
of the Louisiana Department of Health or his designee.

(d) The assistant secretary of the office of aging and adult services of the Louisiana
Department of Health or his designee.

(e) The assistant secretary of the office of public health of the Louisiana Department
of Health or his designee.

(f) The Medicaid director of the Louisiana Department of Health or his designee.

(g) The Medicaid medical director of the Louisiana Department of Health or his
designee.

(2) In addition to the members set forth in Paragraph (1) of this Subsection, the
secretary may appoint additional members to the FNR committee when necessary in
reviewing applications of opioid treatment programs.

(3) No FNR committee member shall have a proprietary or financial interest in any
facility subject to facility need review.

(4) The FNR committee shall issue a decision on a facility need review application
within ninety days from receipt of the application or within the deadlines established in a
request for proposals or request for applications.

(5)(a) An applicant for facility need review shall provide all written application
materials and documentation as may be required by rule. The applicant may include any
additional written documentation or written evidence that supports the application for facility
need review.

(b) Unless otherwise stated in a specific request for proposals or request for
applications, the initial review and decision by the FNR committee shall consider all written
materials and documentation submitted by the applicant and shall be conducted as a paper
review.

(c)(i) Unless otherwise stated in a specific request for proposals or request for
applications, if the initial decision is to reject or deny the facility need review application,
then the applicant may request to supplement the application.

(ii) Upon receipt of additional documentation and evidence from the applicant, the
FNR committee shall conduct a supplemental application review and shall provide the
applicant an opportunity to meet with the FNR committee or its designees as part of the
review. The meeting may be conducted in person or, at the discretion of the Louisiana
Department of Health, through virtual means, including by telephone or virtual technology
that facilitates synchronous interaction.

(iii) After a meeting conducted pursuant to Item (ii) of this Subparagraph, the
applicant may submit additional documentation and evidence for consideration during the
supplemental application review.

(iv) The decision on the supplemental application review shall be made by the FNR
committee.

(d) If the facility need review application is rejected or denied after the supplemental
application review, the applicant may request an administrative appeal of the FNR
committee's decision with the division of administrative law in accordance with the
Administrative Procedure Act. The applicant is not required to request a supplemental
review and may elect to proceed directly to an administrative appeal.

(6) If the FNR committee approves the facility need review application, then the
applicant may proceed with seeking licensure or certification to participate in the Title XIX
program as applicable.

D. The department shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to implement the provisions of this Section. The rules and
regulations shall include but not be limited to the following:

(1) Criteria for review of healthcare provider applications for facility need review,
including provisions for review pursuant to requests for proposals or requests for
applications.

(2) Criteria for review to determine if there is a need for a new or additional facility,
provider, program, service, or bed.

(3) Specific duties of the department and the FNR committee relative to review of
applications.

(4) Appropriate methodology for the collection of data necessary for the
administration of the program.

(5) Procedures for the FNR committee to approve, reject, or deny applications.

(6) Establishment of application fees.

(7) Procedures for a supplemental review of applications by the FNR committee.

(8) Procedures to request a fair hearing from a determination made by the FNR
committee.

(9) Provisions for judicial review from the decision rendered after an administrative
appeal.

(10) Establishment of services and modules of a home- and community-based
service provider that will be subject to the facility need review process.

(11) Provisions and procedures for the revocation, suspension, and expiration of
facility need review approvals.

E. No healthcare provider as provided for in Subsection B of this Section shall be
certified to participate in the Title XIX program without first obtaining facility need review
approval and complying with any and all licensing regulations promulgated by the
department. Any person establishing, managing, or operating a new facility, service, or bed
without the approval required by this Section shall be prohibited from participating in the
Title XIX program.

*Acts 1990, No. 300, §1, eff. July 6, 1990; Acts 1995, No. 1236, §1, eff. July 1, 1996; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 1997, No. 1429, §1; Acts 1999, No. 336, §1; Acts 2000, 1st Ex. Sess., No. 5, §1, eff. April 12, 2000; Acts 2001, No. 336, §1, eff. June 7, 2001; Acts 2003, No. 900, §1; Acts 2003, No. 1191, §2, eff. July 3, 2003; Acts 2004, No. 184, §1; Acts 2005, No. 341, §1; Acts 2005, 1st Ex. Sess., No. 7, §1, eff. Nov. 23, 2005; Acts 2006, No. 163, §2; Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2006, No. 847, §1; Acts 2007, No. 165, §1, eff. June 27, 2007; Acts 2007, No. 253, §1, eff. July 6, 2007; Acts 2007, No. 378, §1, eff. July 10, 2007; S.C.R. No. 16, 2008 R.S.; Acts 2008, No. 187, §§1, 2, eff. June 13, 2008; Acts 2008, No. 341, §1, eff. June 21, 2008; Acts 2008, No. 393, §1, eff. June 21, 2008; Acts 2008, No. 412, §1, eff. June 21, 2008; Acts 2008, No. 795, §1; Acts 2009, No. 381, §2, eff. July 1, 2010; Acts 2010, No. 278, §1, eff. June 17, 2010; Acts 2011, No. 179, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2015, No. 139, §1, eff. June 19, 2015; Acts 2018, No. 206, §4; Acts 2021, No. 218, §1; Acts 2022, No. 531, §1; Acts 2024, No. 692, §1.*

##### **§ 40:2116.1** Nursing facilities; facility need review; moratorium; exceptions {#sec-40-2116.1 omnilex-key=us-la-statutes--rs-title-40--40:2116.1}

A.(1) The Louisiana Department of Health, in accordance with the Administrative
Procedure Act, shall establish a facility need review process for nursing facilities consistent
with the regulations for licensure and for Title XIX of the Social Security Act.

(2) The department shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to provide for facility need review. The rules and regulations
shall include but not be limited to the following:

(a) Criteria for review of nursing facility beds to determine if there is a need for
additional beds.

(b) Specific duties of the department to review proposals for new facilities and
determine the need therefor.

(c) Appropriate methodology for the collection of data necessary for the
administration of the program.

(d) Procedures to grant and revoke approvals.

(e) Establishment of application fees.

(f) Procedures for review of applications by the department.

(g) Procedures to request a fair hearing from a determination made by the
department.

(h) Provisions for judicial review from the decision rendered after a fair hearing.

(3) No new facility, service, or bed shall be licensed and certified to participate in
the Title XIX program without the approval of the department based upon a determination
of a need therefor in accordance with the provisions of this Section. Any person establishing,
managing, or operating a new facility, service, or bed without the approval required by this
Section shall be prohibited from participating in the Title XIX program.

B.(1) There shall be a moratorium on nursing facilities and additional beds for
nursing facilities which shall be in effect until July 1, 2027.

(2) The moratorium provided for in Paragraph (1) of this Subsection shall not apply
to the following:

(a) Replacement of existing facilities, provided that there is no increase in existing
nursing home beds at the replacement facility. However, a nursing home which has relocated
as the result of an executive order or declaration of emergency or disaster issued in
accordance with R.S. 29:724 shall not be allowed to permanently relocate such facility
outside of the geographic area for which the original facility was licensed.

(b) Replacement of nursing facility beds with adult residential care home beds, either
through new construction or through renovation and conversion. Such replacement shall be
subject to licensing rules and regulations and budget neutrality provisions promulgated by
the Louisiana Department of Health.

(c) A nursing facility located in a service area which has less than ninety-three
percent occupancy that temporarily converts a number of licensed beds to an alternate use.
The beds may be converted for alternate health care use until such time as the average annual
occupancy in the service area exceeds ninety-three percent and an adjoining service area
exceeds ninety-three percent based on the department's LTC-2 Report or its successor and
the facility is notified of the same. The facility shall then either relicense the beds as nursing
home beds within one year of receipt of the notice from the department, or the beds will be
deemed expired. Nothing in this Paragraph shall be construed to preclude nursing facilities
from taking beds out of alternate use at any time and using them as licensed beds unless they
are deemed expired.

(d) Nursing home beds in alternate use.

C.(1) Except as provided in Paragraphs (2), (3), and (4) of this Subsection, the
Louisiana Department of Health shall suspend approval, certification, and enrollment of
nursing facility beds which were previously approved to participate in the Title XIX program
under a facility need review process, Section 1122 process, or any predecessor needs review
process, unless the beds are certified and enrolled in the Title XIX program by December 31,
1997. The suspension shall be for the length of the moratorium imposed pursuant to
Subsection B of this Section.

(2) The suspension shall not apply to existing approvals for replacement of existing
nursing facilities, or approvals which are under judicial review, on August 15, 1997. The
suspension shall not apply to approvals for alternate use of previously approved beds.

(3) In the case of previously approved but unbuilt nursing facilities or beds, the
department shall not suspend approval, certification, and enrollment if construction has
actually begun by June 30, 1998, and construction is completed and the facilities or beds are
actually certified and enrolled in the Title XIX program by December 31, 1999. In such
cases, the department shall suspend approval, certification, and enrollment of previously
approved beds not certified and enrolled by December 31, 1999.

(4) In the case of previously approved but unbuilt nursing facilities or beds, if
construction has actually begun by June 30, 1998, and construction is not completed and the
facilities or beds are not actually certified and enrolled in the Title XIX program by
December 31, 1999, the secretary of the Louisiana Department of Health may authorize the
certification and enrollment of the beds by December 31, 2001. However, the extension shall
not be granted unless the secretary determines that construction has not been completed due
to circumstances beyond the control of the applicant, a written request for an extension was
made prior to December 31, 1999, and financing has been approved for the beds. These
provisions shall only be applicable in the case of a facility, the primary purpose of which is
to replace an existing facility, but also in so doing, enrolling additional beds.

*Acts 2022, No. 531, §1.*

##### **§ 40:2116.2** Nursing facilities; cost effective measures {#sec-40-2116.2 omnilex-key=us-la-statutes--rs-title-40--40:2116.2}

The Louisiana Department of Health may promulgate rules to accomplish cost
effectiveness of beds that include but are not limited to the following:

(1) A bed abeyance program to reduce nursing facility beds by ten percent or more.
Such an abeyance program shall include a timeframe in which a determination is made as to
whether beds should be brought out of abeyance based upon a ninety-three percent
occupancy rate within a service area.

(2) An increase in the minimum occupancy level required for a nursing facility to
fully recover its capital cost.

(3) A buy-back program, provided such a buy-back program is approved by the
Centers for Medicare and Medicaid Services and is eligible for federal funds participation.

(4) A bed exchange program that allows a nursing facility to create adult residential
care beds based on the permanent elimination of existing nursing facility beds.

*Acts 2022, No. 531, §1.*

#### **PART II-B** HOME HEALTH CARE PROVIDERS

##### **§ 40:2116.31** Scope; purpose; definitions {#sec-40-2116.31 omnilex-key=us-la-statutes--rs-title-40--40:2116.31}

A. The provisions of this Part shall apply to all providers of home care services in
the state of Louisiana. The purpose of this Part is to assure the provision of high quality
home care to the residents of Louisiana in a coordinated and cost-effective manner through
the promulgation of minimum standards by the Louisiana Department of Health.

B. For the purpose of this Part unless the context clearly otherwise requires:

(1) "Authorized healthcare provider" means a physician, nurse practitioner, clinical
nurse specialist, or physician assistant licensed, certified, registered, or otherwise authorized
to order home healthcare services consistent with state law.

(2) "Clinical record" means those documents maintained on all patients accepted for
care by a home health agency. The records will be retained in accordance with existing state
law.

(3) "Department" means the Louisiana Department of Health.

(4) "Home health agency" means a state-owned and -operated agency, or a
subdivision of such an agency or organization, or a private nonprofit organization, or a
proprietary organization which provides for the skilled home health care to the public, under
the order of an authorized healthcare provider and in the place of residence of the person
receiving the care, which includes at least skilled nursing and one other service listed in the
minimum standards which may be physical therapy, speech therapy, occupational therapy,
medical social services, home health aides, or such others as may be listed in the minimum
standards.

(5) "Home health aide services" means semi-skilled assistance by qualified personnel
with activities of daily living provided to the patient who requires assistance in at least two
areas of functioning and monitoring of vital signs, reporting to a professional under a written
plan of care, and requiring clinical note for each patient visit.

(6) "Secretary" means the secretary of the Louisiana Department of Health.

(7) "State agency" means the division of licensing and certification of the office of
the secretary of the Louisiana Department of Health.

*Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §12; Acts 1979, No. 566, §2; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1; Acts 2021, No. 181, §1, eff. June 11, 2021.*

##### **§ 40:2116.32** Licensing of home health agencies; applications; fees, disposition of fees {#sec-40-2116.32 omnilex-key=us-la-statutes--rs-title-40--40:2116.32}

A. No person shall open, conduct, manage, or maintain an agency or organization
that meets the definition of a home health agency without a license from the department.

B. Except as provided in Subsection D of this Section, no license shall be issued to
any home health agency unless that agency meets the minimum standards for home health
agencies promulgated by the secretary and all licensure requirements as provided in this Part.

C. All initial applicants shall submit a request in writing to the department on
application forms furnished by it. Additional information required by the department shall
be provided by the applicant on supplemental forms as needed. The application shall be
accompanied by a non-refundable application fee, the amount of which shall be promulgated
in the minimum standards. Licenses shall be renewed on an annual basis only for those
agencies who are in substantial compliance with minimum standards. In addition the
applicant shall:

(1) Provide a line of credit from a licensed lending agency for at least seventy-five
thousand dollars as proof of adequate finances to sustain an agency for at least six months.

(2) Show proof of general and professional liability insurance and worker's
compensation of at least the amount promulgated in the minimum standards.

(3) Submit resumes for the individuals designated as administrator, director of
nursing, alternate administrator, and alternate director of nursing, and other proof of
qualifications as determined by the secretary or department. Any changes in the individuals
designated or in their qualifications must be submitted prior to the initial survey.

(4) Agree to become fully operational and prepared for initial survey within ninety
days after payment of the application fee. If the agency is unable to do so, the application
shall be considered closed and the agency shall be prohibited from submitting a new
application for one year.

(5) Disclose all felony convictions by submitting proof of criminal background
investigations for the owner, administrative persons, and, if the agency is a corporation, all
directors.

(6) Disclose in writing any financial or familial relationship with any other entity
providing home health care services in the state.

D. A provisional license may be issued to those existing agencies which do not meet
criteria for full licensure. Any agency with a provisional license shall pay an additional
amount equal to the annual fee for each follow-up survey. Fees shall be paid to the state
agency prior to survey being performed and shall be non-refundable. Any such license shall
be valid for six months or until its termination date. Such licenses may be issued by the
department to any agency when the agency:

(1) Receives more than five violations of minimum standards in a one-year period.

(2) Receives more than three valid complaints in a one-year period.

(3) Has placed a patient at risk according to a documented incident.

(4) Fails to correct deficiencies within sixty days of being cited.

(5) Fails to submit assessed fees after notification by the department.

(6) Has an owner, administrator, or director of nurses that has pled guilty to, pled
nolo contendere to, or been convicted of a felony, as shown by a certified copy of the record
of the court of conviction, or if the applicant is a firm or corporation, when any of its
members or officers, or the person designated to manage or supervise the home care, has
been convicted of a felony.

(7) Fails to notify the department, in writing, within thirty days of a change as
provided in this Paragraph. Any notification of change shall be accompanied by the
appropriate fee. No notification of change can be processed until the appropriate fee has been
received by the department. A change shall include a change in any of the following:

(a) Controlling ownership or management.

(b) Administrator/alternate.

(c) Director of nursing/alternate.

(d) Address/telephone number.

(e) Hours of operation.

(f) After-hours contact procedure.

E. An administrative provisional license may be issued to an existing agency that has
paid the annual renewal fee when the survey process has not been completed before the
expiration of the annual license.

F.(1) The United States Department of Health and Human Services, Health Care
Financing Administration has amended its contract with the state, changing the allocation
of resources and effectively eliminating all funding for initial licensure surveys and reducing
funding for resurveys, complaint investigations, and other activities directly related to quality
of care and public safety. Therefore, except for those instances in which the survey is
eligible for priority funding under federal guidelines in effect on June 1, 1995, the secretary
shall not issue any licenses pursuant to this Part until the department finally publishes a rule,
pursuant to the Administrative Procedure Act, in which it certifies to the legislature that the
department has sufficient funds to adequately conduct initial licensure surveys after
adequately conducting all renewal surveys, complaint investigations, and other activities
affecting public safety as required by state law, federal law, and regulation. Said certification
shall state whether the department has adequate and sufficient funding to conduct on a timely
basis surveys for all pending and expected applications hereunder. If the department's
certification states that it has adequate funding for some but not all of the pending and
expected applications, said certification shall be accompanied by a rule which shall be
promulgated according to the Administrative Procedure Act and which shall set forth the
department's proposed method for deciding how applicants will be prioritized for initial
surveys. No rules promulgated under this Subsection shall be issued as emergency rules.

(2) At any time after July 1, 2008, if the department is not conducting new licensing
surveys, the House Committee on Health and Welfare and the Senate Committee on Health
and Welfare, meeting jointly pursuant to their oversight authority, may by a majority vote of
each committee recommend to the governor that he instruct the department to promulgate
the rules provided in Paragraph (1) of this Subsection and the department shall promulgate
such rules.

G. Funds collected by the state agency as license fees shall be deposited in the self-generating fund of the division of licensing and certification and may be used by it for the
expenses incurred in administering and enforcing the laws, rules, and regulations relating to
the licensing of such organizations and agencies.

*Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1985, No. 342, §2, eff. July 9, 1985; Acts 1986, No. 497, §1, eff. July 2, 1986; Acts 1995, No. 1252, §1; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 2001, No. 863, §2, eff. June 26, 2001; Acts 2003, No. 1191, §2, eff. July 3, 2003; Acts 2018, No. 206, §4.*

##### **§ 40:2116.33** Home health agencies; jurisdiction {#sec-40-2116.33 omnilex-key=us-la-statutes--rs-title-40--40:2116.33}

All home health agencies shall be under the jurisdiction of the
Louisiana Department of Health, which shall provide the rules and regulations
governing the operation of such agencies or organizations. However, nothing
in this Part shall be construed to prohibit the delivery of personal care,
homemaker, respite, and other in-home services by a person or entity not
licensed under this Chapter unless provided with other home health services.

*Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §13; Acts 1984, No. 696, §1; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.*

##### **§ 40:2116.34** Minimum standards; rules and regulations {#sec-40-2116.34 omnilex-key=us-la-statutes--rs-title-40--40:2116.34}

A. The secretary of the department shall prescribe and publish minimum standards
pursuant to the Administrative Procedure Act. Such standards shall include but not be
limited to the following:

(1) Requiring all such home health agencies to admit patients for skilled care only
on the order of an authorized healthcare provider. Signed authorized healthcare provider's
orders shall be obtained by the agency.

(2) Providing skilled nursing services and at least one other defined service.

(3) Adopting procedures for the administration of drugs and biologicals.

(4) Maintaining clinical records on all patients accepted for skilled care. The records
will be retained in accordance with existing state law.

(5) Requiring all agencies to establish patient care policies and personnel policies.

(6) Requiring all agencies to have services available at least eight hours a day five
days a week and available on an emergency basis twenty-four hours a day, seven days a
week.

(7) Requiring agencies to make service available to an individual in need within
twenty-four hours of a referral unless otherwise ordered by an authorized healthcare provider.

(8) Requiring each agency to have a designated director of nurses who is a full-time
employee of the agency and is available at all times during operating hours and additionally
as needed.

(9) Requiring each agency to have a designated alternate director of nurses who
meets the criteria for director of nurses and functions in that capacity whenever the director
of nurses is not available. At a minimum, the alternate director of nurses must be employed
for no less than twenty hours per week as defined in the minimum standards.

(10) Requiring the administrator of the agency to be a person who is designated in
writing, is administratively responsible and available in person or by telecommunication at
all times for all aspects of facility operation, who has three years management experience in
health care delivery service, and who meets one of the following conditions:

(a) Is a licensed physician.

(b) Is a registered nurse.

(c) Is employed as an administrator on or after January 13, 2018, and is a college
graduate with a bachelor's degree.

(d) Is employed as an administrator prior to January 13, 2018, and has had three
additional years of documented experience in a health care delivery service.

(e) Is an administrator who has experience in health service administration with at
least one year of supervisory or administrative experience related to home health care or a
home health care program.

(f) Repealed by Acts 2021, No. 181, §2, eff. June 11, 2021.

(11) Governing the licensing and operation of home health care agencies, which may
include rules relating to licensure information, licensing procedure, agency policies,
qualifications and responsibilities of service disciplines, clinical records, and requirements
for recordkeeping.

(12) Requiring the administrator of each agency to comply with the minimum
continuing education requirements established by the secretary.

B. Repealed by Acts 2022, No. 252, §3.

*Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §14; Acts 1984, No. 347, §1; Acts 1985, No. 912, §1; Acts 1991, No. 136, §1; Acts 1995, No. 1252, §1; Acts 1997, No. 590, §1, eff. July 3, 1997; Acts 2018, No. 206, §4; Acts 2021, No. 181, §§1, 2, eff. June 11, 2021; Acts 2022, No. 252, §3.*

##### **§ 40:2116.35** Issuance of license {#sec-40-2116.35 omnilex-key=us-la-statutes--rs-title-40--40:2116.35}

A. A license issued under the provisions of this Part is not transferable or assignable between persons, home health agencies, or both except as provided in this Section. Each location of a home health agency located outside of a fifty-mile radius of an existing licensed home health agency must be licensed. Each location of a home health agency located within a fifty-mile radius of an existing licensed home health agency must be registered with the department.

B.(1) Only agencies which have a valid license shall be allowed to change controlling ownership. The purchaser shall accept all responsibility for the patients and functions of the agency on the date of the sale. The purchaser also shall assume responsibility for deficiencies identified on the most recent survey as well as corrective measures required by the department and imposed upon the agency prior to the date of sale. Purchasers of agencies must meet all criteria for initial application for licensure. All purchasers are required to meet ownership qualifications as set forth in minimum standards. Upon purchase and payment of the licensure fee, the department shall issue a new license to allow the new owner to continue operation of the agency. The seller of any agency who enters into a merger, change of controlling ownership, or control of the entity must notify the department in writing in advance of the transaction. He must surrender the license with a written explanation of the transaction to the department on the date of the sale.

(2) For the purposes of this Section, "change of controlling ownership" shall have the same meaning as that contained in federal law and regulation applicable to home health agencies.

*Acts 1966, No. 25, §1, eff. July 11, 1965 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1987, No. 744, §1; Acts 1988, No. 836, §§1, 2; H.C.R. No. 119, 1993 R.S.; Acts 1995, No. 1252, §1; Acts 1997, No. 583, §2, eff. July 3, 1997.*

##### **§ 40:2116.36** Denial, revocation, or nonrenewal of license; grounds {#sec-40-2116.36 omnilex-key=us-la-statutes--rs-title-40--40:2116.36}

A. An application for a license shall be denied for failure to achieve substantial
compliance with minimum standards prescribed by the secretary of the Louisiana Department
of Health.

B. A license to operate may be suspended pending proceedings for revocation or
other action if the department finds the public health, safety, or welfare clearly requires
emergency action.

C. A license shall be immediately denied or revoked if the department determines
that the agency knowingly and willfully or through gross negligence allowed or directed
actions which resulted in:

(1) Cruelty to patients.

(2) Failure to uphold patient rights resulting in actual or potential harm or injury.

(3) Failure to protect patients/persons in the community from harmful actions of the
agency employees, including but not limited to coercion, threat, intimidation, solicitation,
and harassment.

(4) Failure to notify an appropriate governmental agency of any suspected cases of
neglect, criminal activity, or mental or physical abuse which could potentially cause harm
to the patient.

(5) Acceptance of a patient when the agency has insufficient capacity to provide care
for that patient.

(6) Misrepresentation or other fraudulent conduct in any aspect of the conduct of the
home care business.

(7) Bribery, harassment, or intimidation of any person designed to cause that person
to use the services of any particular home health agency.

(8)(a) Pleading guilty to, pleading nolo contendere to, or conviction of a felony by
an owner, administrator, or director of nursing as shown by a certified copy of the record of
the court of conviction, or if the applicant is a firm or corporation, when any of its members
or officers, or the person designated to manage or supervise the home care, has been
convicted of a felony.

(b) For purposes of this Paragraph "conviction of a felony" means and includes:

(i) Conviction of a criminal offense related to that person's involvement in any
program under Medicare, Medicaid, or Title XX services program since the inception of
those programs.

(ii) Conviction of a felony relating to violence, abuse, and/or neglect of a person.

(iii) Conviction of a felony related to the misappropriation of property belonging to
another person.

D. A license may be denied, revoked, or not renewed for failure to correct any
violation of law and regulation for which a provisional license may have been issued under
R.S. 40:2116.32(D) and this Section.

E. A license may be denied, revoked, or not renewed for failure to allow surveyors
entry when the department attempts to conduct a survey or for denial to department surveyors
of access to records.

*Acts 1966, No. 25, §1, eff. July 11, 1966, at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1988, No. 836, §2; Acts 1995, No. 1252, §1; Acts 2008, No. 255, §1.*

##### **§ 40:2116.37** Notice of reasons for nonrenewal or revocation of license; review; hearing {#sec-40-2116.37 omnilex-key=us-la-statutes--rs-title-40--40:2116.37}

A. The secretary shall furnish the applicant or licensee written notice specifying reasons for the denial of an application, or for the refusal to renew or for the revocation of a license within five days, exclusive of holidays, of his decision. Any applicant or licensee who feels aggrieved by the action of the secretary in denying, refusing to renew, or revoking a license may, within fifteen days exclusive of legal holidays from the date the notice of such action is received by him, appeal suspensively from the action of the secretary by filing in the office of the secretary within such fifteen-day period a written request addressed to the secretary asking for a hearing by the department. The request for a hearing shall specify in detail the reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the secretary and must be received in the office of the secretary within the period allowed for appeal.

B. When any appeal authorized by Subsection A of this Section is received by the secretary, if timely filed, he shall appoint a three-member board to conduct a hearing on the appeal at such time and place as such members deem proper. The review, hearing, and appeal shall be conducted in accordance with the Administrative Procedure Act.

*Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §15; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.*

##### **§ 40:2116.38** Records; reports {#sec-40-2116.38 omnilex-key=us-la-statutes--rs-title-40--40:2116.38}

Every home health agency and licensee shall keep such records and make such reports as the department shall prescribe, and all such records shall be open to inspection by the department.

*Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.*

##### **§ 40:2116.39** Term of license; renewal fee; display; transfer {#sec-40-2116.39 omnilex-key=us-la-statutes--rs-title-40--40:2116.39}

A license shall be for a term of one year, and shall expire on the date shown on the license unless renewed. All applications for renewal, except those of places operated by the state of Louisiana, shall be accompanied by a renewal fee as set forth in the minimum standards. The license shall be displayed in a conspicuous place in the business location of the agency. A license shall be valid only in the hands of the person to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary. The license shall not be relocated out of the geographic area for which it was originally issued.

*Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1985, No. 912, §1; Acts 1986, No. 497, §1, eff. July 2, 1986; Acts 1995, No. 1252, §1.*

##### **§ 40:2116.40** Violations; penalties {#sec-40-2116.40 omnilex-key=us-la-statutes--rs-title-40--40:2116.40}

The opening or operation of a home health agency as defined in this Part, without a license therefor, or in knowing and willful violation of any provision of this Part or any minimum standard, rule, regulation, or order entered by the board thereunder when such violation results in harm to a patient, shall be a misdemeanor, and upon conviction, punishable by a fine of not less than one thousand dollars nor more than ten thousand dollars and/or imprisonment for not more than six months.

*Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.*

#### **PART II-C** END STAGE RENAL DISEASE FACILITIES

##### **§ 40:2117.1** 1. Definitions {#sec-40-2117.1 omnilex-key=us-la-statutes--rs-title-40--40:2117.1}

As used in this Part, the following definitions shall apply unless the content clearly states
otherwise:

(1) "Department" means the Louisiana Department of Health.

(2) "Dialysis" means a process by which dissolved substances are removed from an
individual's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment
to another across a semipermeable membrane.

(3) "End stage renal disease" means that stage of renal impairment that appears irreversible
and permanent and that requires a regular course of dialysis or kidney transplantation to maintain
life.

(4) "End stage renal disease facility" or "ESRD facility" means a facility that provides
dialysis treatment or dialysis training to individuals diagnosed with end stage renal disease. For
purposes of this Part, "end stage renal disease facility" does not include the following:

(a) A facility which provides only transplantation services.

(b) End stage renal disease facilities maintained by the state at any of its penal and
correctional institutions, provided that nothing herein contained shall prevent a penal or correctional
institution from applying for licensure of its end stage renal disease facilities.

(5) "Transplantation services" means a process by which a kidney is excised from a live or
cadaveric donor and is implanted in an end stage renal disease patient, and supportive care is
furnished to the living donor and to the recipient following implantation.

*Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2004, No. 190, §1, eff. June 10, 2004.*

##### **§ 40:2117.2** Licenses; application and fee; survey; provisional {#sec-40-2117.2 omnilex-key=us-la-statutes--rs-title-40--40:2117.2}

A. After July 15, 2000, no person or entity shall open, operate, manage, or maintain an ESRD facility without a valid current license issued by the department.

B. An application for an initial license shall be made to the department on forms provided by the department, shall contain such information as the department requires, and shall be accompanied by a license fee as provided in R.S. 40:2006(A)(1).

C. After the completion of the application process, the department shall conduct an on-site survey of the ESRD facility. Upon determination that the ESRD facility is in compliance with the minimum requirements for licensure and all applicable state and local laws and regulations, and the minimum standards, rules, and regulations as promulgated by the department are met, the department shall issue the ESRD facility a license.

D. The department may issue a provisional license to an ESRD facility for a period not to exceed six months when the facility fails to fully comply with all applicable rules, regulations, or minimum standards established by the department. The failure to comply with such applicable regulations, rules, or minimum standards must be cited at the time the provisional license is issued.

*Acts 1999, No. 650, §1, eff. July 1, 1999.*

##### **§ 40:2117.3** Term of license; renewal fee; display; transfer {#sec-40-2117.3 omnilex-key=us-la-statutes--rs-title-40--40:2117.3}

A. A license shall be for a term of one year and shall expire on the date shown on the license, unless otherwise revoked, and shall be renewed annually.

B. All applications for renewal shall be accompanied by a renewal fee. Such renewal fee shall be in an amount as provided in R.S. 40:2006(A)(1).

C. The license shall be displayed in a conspicuous place inside the ESRD facility at all times.

D. A license shall be valid only in the hands of the person or entity to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor shall a license be valid for any premises other than those for which it is issued.

*Acts 1999, No. 650, §1, eff. July 1, 1999.*

##### **§ 40:2117.4** Minimum standards, rules, and regulations {#sec-40-2117.4 omnilex-key=us-la-statutes--rs-title-40--40:2117.4}

The department shall promulgate minimum standards, rules, and regulations governing end stage renal disease facilities in accordance with the Administrative Procedure Act, including but not limited to standards, requirements, policies, and procedures for the following:

(1) Maintenance of the quality of care and of the health, safety, and well-being of patients, including but not limited to:

(a) Patient rights.

(b) Provision and coordination of treatment and services.

(c) Referrals for appropriate services.

(d) Quality care requirements as determined by current acceptable standards of practice.

(2) Operational capability and compliance, including but not limited to the following:

(a) Data and information management.

(b) Written policy and procedure.

(c) Current standards of administration practice.

(3) Qualifications and responsibilities of facility personnel.

(4) Applications for initial and renewal licenses.

(5) On-site surveys for licensure.

(6) Monitoring of facilities.

(7) Denial, nonrenewal, and revocation of licenses, and administrative appeals therefrom.

(8) Civil fines for violations and administrative appeals therefrom.

(9) Requirements for physical plant design and space and other procedures related to dialysis.

*Acts 1999, No. 650, §1, eff. July 1, 1999.*

##### **§ 40:2117.5** Denial, nonrenewal, or revocation of license; grounds; notification; appeal {#sec-40-2117.5 omnilex-key=us-la-statutes--rs-title-40--40:2117.5}

A. An application for a license or for a renewal thereof may be denied, or a license
or provisional license may be revoked, for any of the following reasons:

(1) Violation of any provision of this Part or of the minimum standards, rules, or
regulations promulgated thereunder by the department.

(2) Conviction or entry of a plea of nolo contendere of the applicant for a felony. If
the applicant is an agency, the head of that agency must be free of such conviction. If a
subordinate employee is so convicted, the matter must be handled administratively to the
satisfaction of the department.

(3) Documented information of past or present conduct or practices of facility
personnel which are detrimental to the welfare of the facility's patients, including but not
limited to illegal activities, coercion, or falsification of records.

(4) Cruelty or indifference to the welfare of the facility's patients.

(5) Misappropriation or conversion of the property of the facility's patients.

(6) Permitting, aiding, or abetting the unlawful, illicit, or unauthorized use, sale, or
distribution of drugs or alcohol on or near the premises of the facility.

B. The department shall furnish an applicant or licensee with written notification of
any action taken pursuant to Subsection A of this Section and of the reasons for which the
action was taken.

C. An applicant or licensee aggrieved by any action taken by the department pursuant
to Subsection A of this Section may appeal such action suspensively by sending a written
request for a hearing to the secretary of the department. The request for a hearing shall be
received by the secretary within fifteen days exclusive of legal holidays after the applicant
or licensee receives the written notice of the department's action and shall specify in detail
the reasons for the request. If the department determines that the health or safety of the
patients served at the facility is in jeopardy, a license may be revoked immediately with
appeal rights granted after the facility ceases operation and the patients are removed from the
facility.

D. The administrative appeal hearing shall be conducted in accordance with the
Administrative Procedure Act.

*Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2018, No. 206, §4.*

##### **§ 40:2117.6** Right of inspection by department; records; reports {#sec-40-2117.6 omnilex-key=us-la-statutes--rs-title-40--40:2117.6}

A. Every ESRD facility shall be open at all reasonable times to inspection by the department.

B. Every licensee shall keep such records and make such reports as the department shall prescribe, and all such records shall be open to inspection by the department.

*Acts 1999, No. 650, §1, eff. July 1, 1999.*

##### **§ 40:2117.7** Civil fines for violations; appeals {#sec-40-2117.7 omnilex-key=us-la-statutes--rs-title-40--40:2117.7}

Civil fines for violations by applicants and licensees shall be assessed and collected by the department, and administrative appeals with respect to such fines shall be available, in accordance with R.S. 40:2199.

*Acts 1999, No. 650, §1, eff. July 1, 1999.*

##### **§ 40:2118** Fluoroscopy procedures in a hospital setting {#sec-40-2118 omnilex-key=us-la-statutes--rs-title-40--40:2118}

With regard to the protection of the public health, in a hospital setting, fluoroscopy procedures may be conducted by a radiologist licensed in the state or by a radiology technician licensed in the state and who is under the direct supervision of a radiologist or other physician.

*Acts 2003, No. 1226, §1, eff. Sept. 1, 2003.*

#### **PART II-D** LICENSING OF HOME- AND COMMUNITY-BASED SERVICE PROVIDERS

##### **§ 40:2120.1** Purpose {#sec-40-2120.1 omnilex-key=us-la-statutes--rs-title-40--40:2120.1}

The purpose of this Part is to further provide for the operation and maintenance of home- and community-based services for elderly persons and people with disabilities or mental illness.

*Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.*

##### **§ 40:2120.2** Definitions {#sec-40-2120.2 omnilex-key=us-la-statutes--rs-title-40--40:2120.2}

As used in this Part:

(1) "Caregiver" means a registered nurse, licensed practical nurse, certified nursing
assistant, personal care attendant, direct service worker, home health aide, companion, or
homemaker.

(2) "Caregiver registry" means a person or legal entity that establishes a registry that
facilitates referrals or matches between individuals seeking caregivers and caregivers whose
services will not be reimbursed by a federal or state government program.

(3) "Department" means the Louisiana Department of Health.

(4) "Financial viability" means that the provider seeking a home- and community-based service provider license is able to provide verification and maintenance of:

(a) A line of credit issued from a federally insured, licensed lending institution in the
amount of at least fifty thousand dollars.

(b) General and professional liability insurance of at least three hundred thousand
dollars.

(c) Worker's compensation insurance.

(5) "Home- and community-based service provider" means an agency, institution,
society, corporation, person or persons, or any other individual or group that provides one
or more home- and community-based services as defined in this Section. The term "home-
and community-based service provider" shall not include any of the following:

(a) Any person, agency, institution, society, corporation, group, or entity that solely
prepares and delivers meals, that solely provides sitter services, or that solely provides
housekeeping services.

(b) Any person, agency, institution, society, corporation, group, or entity who
provides gratuitous home- and community-based services.

(c) Any individual licensed practical nurse or registered nurse who has a current
Louisiana license in good standing, and who provides personal nursing services in the home
to an individual, provided that the nurse has contracted with the individual or family for such
services and payment of such services.

(d) Staffing agencies which supply contract workers to a health care provider
licensed by the department.

(e) Any person who is employed as part of a department authorized self-direction
program.

(f) A caregiver registry which establishes or maintains a registry that facilitates
referrals or matches for individuals seeking caregivers, and which meets the requirements
of R.S. 40:2120.8, and includes the referred caregivers who perform services for referred
individuals.

(6) "Home- and community-based services" means one or more of the following
services:

(a) Personal care attendant services, which are defined as services required by a
person with a disability in order to become physically independent or to remain in or return
to the community.

(b) Respite care services, which are defined as the temporary care and supervision
of a person with a disability or an infirm elderly person so that the primary caregiver can be
relieved of such duties. Respite care services may be performed either in the home of the
person with a disability or infirm elderly person or in a facility owned by the home- and
community-based service provider who provides respite care services. For the purposes of
this Section, "person with a disability" shall mean a person with a physical, mental, or
medical condition or an adult who requires assistance with activities of daily living.

(c) Supervised independent living services, which are defined as necessary training,
social services, and medical services to enable a person who has mental illness or who has
developmental disabilities and who is living in congregate or individual apartments to live
as independently as possible in the community.

(d) Family support services, which are defined as advocacy services, family
counseling, including genetic counseling, family subsidy programs, parent-to-parent
outreach, legal assistance, income maintenance, parent training, homemaker services, minor
home renovations, marriage and family education, and other related programs.

(e) Adult day care services, which are defined as a group program designed to meet
the individual needs of functionally impaired adults which is structured and comprehensive
and which provides a variety of health, social, and related support services in a protective
setting for a portion of the twenty-four hour day. The group program shall provide for ten
or more functionally impaired adults who are not related to the owner or operator of the
home- and community-based service provider. For the purposes of this Section,
"functionally impaired adults" shall mean individuals aged seventeen years of age and older
who are physically, mentally, or socially impaired to a degree that supervision is necessary.

(f) Waiver program services, which are defined as other services approved by the
Centers for Medicare and Medicaid Services for home- and community-based waivers for
the Louisiana Medicaid Program.

(7) "Infirm elderly" means an individual sixty years of age or older who requires
continuous care and supervision due to the infirmities of old age. Out-of-home services for
the elderly are restricted to no less than twenty-four hours and no more than five days per
visit.

*Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2009, No. 96, §1, eff. June 18, 2009; Acts 2025, No. 507, §1.*

##### **§ 40:2120.3** Licensure of home- and community-based service providers {#sec-40-2120.3 omnilex-key=us-la-statutes--rs-title-40--40:2120.3}

A. No home- and community-based service provider may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department.

B. A license issued to a home- and community-based service provider shall be valid for only one geographic location, and shall be issued only for the person and premises named in the license application.

C. A license issued under this Part shall be valid for one year from the date of issuance, unless revoked prior to that date.

D. A license issued under this Part shall expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department.

E. A license issued under this Part shall be on a form prescribed by the department.

F. A license issued under this Part shall not be transferrable or assignable.

G. A license issued to a home- and community-based service provider shall be posted in a conspicuous place on the licensed premises and shall list the types of home- and community-based services that the provider is licensed to provide.

H. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

*Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2009, No. 96, §1, eff. June 18, 2009.*

##### **§ 40:2120.4** Rules and regulations; licensing standards {#sec-40-2120.4 omnilex-key=us-la-statutes--rs-title-40--40:2120.4}

A. The licensing agency of the department is hereby authorized and directed to
promulgate and publish rules, regulations, and licensing standards, in accordance with the
Administrative Procedure Act, to provide for the licensure of home- and community-based
service providers, and to provide for the health, safety, and welfare of persons receiving
services from such facilities or providers, and to provide for the safe operation of such
facilities or providers. The rules, regulations, and licensing standards shall become effective
upon approval of the secretary of the department in accordance with the Administrative
Procedure Act. These rules, regulations, and licensing standards shall have the effect of law.

B. The licensing agency of the department shall prescribe, promulgate, and publish
rules, regulations, and licensing standards to include but not be limited to the following:

(1) Licensure application and renewal application procedures and requirements.
Licensure procedures and requirements shall include provisions for granting deemed status
to home- and community-based service providers that either obtain accreditation through a
recognized national, not-for-profit accrediting body approved by the department, or comply
with any other procedure developed by the department to ensure that every home- and
community-based provider meets minimum standards for the delivery of services and is in
compliance with all applicable federal and state regulations; the licensure procedures and
requirements may include provisions for denying and revoking deemed status, for complaint
surveys and investigations of providers holding deemed status, and for approved
accreditation organizations. Deemed status shall not be available to persons or entities
seeking initial licensure with the department.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, and comfort of patients,
clients, and persons receiving services.

(5) Survey and complaint investigations.

(6) Initial and annual renewal of license, including the requirement of a showing of
financial viability not in excess of the requirement for initial licensure.

(7) Provisional license.

(8) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.

(9) Planning, construction, and design of the facility or provider to ensure the health,
safety, welfare, rights, and comfort of patients, clients, and persons receiving services.

(10)(a) Such other regulations or standards as will ensure proper care and treatment
of patients, clients, and persons receiving services, including provisions relative to civil
money penalties, as may be deemed necessary for an effective administration of this Part.

(b) Such standards should include rules that subject providers of home and
community-based services to civil money penalties by class of violation.

(c) Such penalties shall be similar to those relative to providers of nursing facility
services and to providers of services in an intermediate care facility for people with
developmental disabilities.

(d) Such penalties shall be applied consistently with respect to all providers of home
and community-based services.

C. Such rules and regulations shall not provide for the licensure of residential
orientation and adjustment programs for blind persons as home- and community-based
service providers.

D. The secretary of the department is further authorized to set and collect fees for the
licensure of home- and community-based service providers; however, no fees shall be
collected from any council on aging pursuant to this Section. The license fees shall not
exceed the cost of licensure and shall not exceed the following:

(1) Six hundred dollars per year for the base license for home- and community-based
service providers who provide in-home services.

(2) An additional two hundred dollars per year for home- and community-based
service providers who provide adult day care services.

(3) An additional two hundred dollars per year for home- and community-based
service providers who provide out-of-home respite care.

*Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2006, No. 163, §2; Acts 2008, No. 839, §3, eff. July 8, 2008; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.*

##### **§ 40:2120.5** License issuance; application; onsite inspection {#sec-40-2120.5 omnilex-key=us-la-statutes--rs-title-40--40:2120.5}

A. Each application for licensure of a home- and community-based service provider
shall be submitted to the department on forms provided by the licensing agency and shall
contain such information as that agency may require. Additional information required by the
licensing agency shall be provided by the applicant as requested.

B. Each application for licensure and application for renewal of licensure shall be
accompanied by a nonrefundable license fee in the amount set by the licensing agency in
accordance with R.S. 40:2120.4.

C.(1) Following receipt of the completed application and licensing fee, the licensing
agency shall perform an onsite survey and inspection. If, after the onsite survey and
inspection, the licensing agency finds that the facility or provider meets the requirements
established under this Part and the licensing standards adopted pursuant to this Part, a license
shall be issued.

(2) The licensing agency shall work to ensure that surveys are coordinated to the
greatest extent possible with other state regulatory agencies in order to reduce duplication
of effort on the part of the state, as well as the regulated provider. This provision shall not
apply to complaint investigations.

D. As a condition for a renewal of a license, the licensee shall submit to the licensing
agency a completed annual renewal application on forms prescribed by the licensing agency
and containing such information as required by the agency; additionally, the annual renewal
licensing fee shall be submitted with the annual renewal application. Upon receipt of the
completed annual renewal application and the annual renewal licensing fee, the licensing
agency shall determine if the facility or provider continues to meet the requirements
established pursuant to this Part and the licensing standards adopted pursuant to this Part.
The licensing agency may perform an onsite survey and inspection upon annual renewal. If
the facility or provider continues to meet the requirements established pursuant to this Part
and the licensing standards adopted pursuant to this Part, a license shall be issued which is
valid for one year.

E. The licensing agency may perform an onsite inspection at reasonable times as
necessary to ensure compliance with the provisions of this Part.

*Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.*

##### **§ 40:2120.6** Operation without license; penalty {#sec-40-2120.6 omnilex-key=us-la-statutes--rs-title-40--40:2120.6}

A. A home- and community-based service provider shall not operate without a license issued by the licensing agency, regardless of provider payor source. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If a home- and community-based service provider is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any facility or provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such facility or provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

*Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.*

##### **§ 40:2120.7** Fees on home- and community-based service providers; disposition of fees {#sec-40-2120.7 omnilex-key=us-la-statutes--rs-title-40--40:2120.7}

A.(1) The department is hereby authorized to adopt and impose fees for home- and community-based services on every home- and community-based service provider and to adopt rules and regulations relative to the imposition of such fees. The amount of any fee shall not exceed the total cost to the state of providing the service subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such agency or program.

(2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third-party reimbursements and shall be included in the establishment of reimbursement rates.

(3) All fees collected pursuant to this Section shall be paid into the state treasury and after compliance with Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, shall be deposited into the state general fund.

(4) The department shall not impose, adopt, or collect any fee authorized under the provisions of this Section until written approval is received from the secretary of the United States Department of Health and Human Services that home- and community-based service providers may be considered a "class of providers" for the purposes of 42 CFR 433.56.

B.(1) The department is hereby authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed pursuant to this Section, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees collected pursuant to this Section, which is received by any department or agency of the state pursuant to this Part, shall be held confidential.

(2) The department is authorized and directed to adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized pursuant to this Section. The department is authorized to collect the fees permitted pursuant to this Section by withholding all or part of a provider's regular Medicaid remittance.

C. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized pursuant to this Section.

*Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.*

##### **§ 40:2120.8** Caregiver registry {#sec-40-2120.8 omnilex-key=us-la-statutes--rs-title-40--40:2120.8}

A. A caregiver registry shall not participate in any of the following:

(1) Employing, directing, or supervising caregivers.

(2) Providing clinical oversight of caregivers.

(3) Dictating any term or condition of a referred or matched caregiver's care
relationship with an individual to whom the caregiver is referred or matched.

B. A caregiver registry shall provide information regarding licensed healthcare
providers and facilities through which the caregiver may need to operate to provide care
giving services.

C. A caregiver registry shall not constitute a home health agency as defined in R.S.
40:2116.31(B), a home- and community-based service provider as defined in R.S. 40:2120.2,
or a nurse staffing agency as defined in R.S. 40:2120.13.

D. A caregiver registry shall conduct a background check on the healthcare providers
listed on the registry.

E. A caregiver registry shall not refer, match, or place any caregiver to a licensed
healthcare facility.

*Acts 2025, No. 507, §1.*

##### **§ 40:2120.9** Repealed by Acts 2022, No. 252, §3. {#sec-40-2120.9 omnilex-key=us-la-statutes--rs-title-40--40:2120.9}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART II-E** LICENSING OF NURSE STAFFING AGENCIES

##### **§ 40:2120.11** Short title {#sec-40-2120.11 omnilex-key=us-la-statutes--rs-title-40--40:2120.11}

This Part shall be known and may be cited as the "Nurse Staffing Agency Licensing
Law".

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.12** Purpose {#sec-40-2120.12 omnilex-key=us-la-statutes--rs-title-40--40:2120.12}

The purpose of this Part is to authorize the Louisiana Department of Health to
promulgate and publish rules and regulations to provide for the licensure of nurse staffing
agencies.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.13** Definitions {#sec-40-2120.13 omnilex-key=us-la-statutes--rs-title-40--40:2120.13}

As used in this Part, the following terms have the meanings ascribed to them in this
Section:

(1) "Certified nurse aide" means an individual who has completed a Nurse Aide
Training and Competency Evaluation Program approved by the state as meeting the
requirements of 42 CFR 483.151 and 483.154 or has been determined competent as provided
in 42 CFR 483.150(a) and (b) and is listed as certified and in good standing on the state's
Certified Nurse Aide Registry.

(2) "Department" means the Louisiana Department of Health or any office or agency
thereof designated by the secretary of the department to administer the provisions of this Part.

(3) "Healthcare facility" means any person, partnership, corporation, unincorporated
association, or other legal entity licensed pursuant to R.S. 40:2006(A)(2) and operating or
planning to operate within the state.

(4) "Licensee" means any nursing agency properly licensed in accordance with this
Part.

(5) "Nurse" means a registered nurse as defined in R.S. 37:913 or a licensed practical
nurse as defined in R.S. 37:961.

(6) "Nurse staffing agency" means any person, partnership, corporation,
unincorporated association, or other legal entity that employs, assigns, or refers nurses or
certified nurse aides to render healthcare services in a healthcare facility for a fee. However,
for purposes of this Part, "nurse staffing agency" does not include the following:

(a) A nurse staffing agency that solely provides services in Louisiana under a
contract or other agreement with the state of Louisiana, or any executive branch department
or agency thereof, as a result of a declared disaster, emergency, or public health emergency.

(b) The federal or state government department or agency that provides nursing staff
or certified nurse aides to any health care provider setting, evacuation site, or shelter location
as a result of a declared disaster, emergency, or public health emergency.

(7) "Secretary" means the secretary of the Louisiana Department of Health or his
designee.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.14** Licensure required {#sec-40-2120.14 omnilex-key=us-la-statutes--rs-title-40--40:2120.14}

The department shall license nurse staffing agencies in accordance with this Part. No
person, partnership, corporation, unincorporated association, or other legal entity may
establish, operate, maintain, or advertise as a nurse staffing agency in this state unless the
person, partnership, corporation, unincorporated association, or other legal entity is licensed
by the department in accordance with this Part.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.15** Application for licensure; fees {#sec-40-2120.15 omnilex-key=us-la-statutes--rs-title-40--40:2120.15}

A. An application to operate a nurse staffing agency shall be made to the department
on forms provided by the department. A separate license shall be obtained for each location
from which a nurse staffing agency is operated unless the nurse staffing agency is owned and
managed by the same entity, person, or persons.

B. The application shall contain all of the following information:

(1) The name and address of the person, partnership, corporation, unincorporated
association, or other legal entity that is the applicant.

(2) If the applicant is a corporation, a copy of its articles of incorporation, a copy of
its current bylaws, and the names and addresses of its officers, directors, and shareholders
owning more than five percent of the corporation's stock.

(3) The names and addresses of the person or persons under whose management or
supervision the nurse staffing agency will be operated.

(4) A statement of financial solvency.

(5) A statement detailing the experience and qualifications of the applicant to operate
a nurse staffing agency.

(6) Evidence of compliance with the Louisiana Workers' Compensation Law, R.S.
23:1020.1 et seq., with a minimum coverage in the amount of one million dollars.

(7) Evidence of professional liability insurance in an amount sufficient to provide
coverage in accordance with the total amount recoverable for all malpractice claims as
indicated in R.S. 40:1231.2.

(8) Any other relevant information the department determines is necessary to
properly evaluate the applicant and application as required by the department by rule.

C. Any person, partnership, corporation, unincorporated association, or other legal
entity operating or planning to operate a nurse staffing agency shall be assessed a
nonrefundable fee of twelve hundred dollars, payable to the department, at the time an initial
licensing application is made to the department and shall be assessed a nonrefundable fee of
twelve hundred dollars biennially thereafter for renewal of the license. Any person,
partnership, corporation, unincorporated association, or other legal entity shall be assessed
a delinquent fee of one hundred dollars for failure to timely renew its license; the delinquent
fee shall be assessed and shall become due and payable to the department at 12:01 a.m. on
the first day following the expiration date of the license. These licensing fees are for the
initial application and renewal of a license only and are in addition to any other fees that may
be assessed according to the laws, rules, regulations, and standards that are applicable to a
nurse staffing agency.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.16** Issuance of a license {#sec-40-2120.16 omnilex-key=us-la-statutes--rs-title-40--40:2120.16}

Upon receipt and after review of an application for a license in accordance with this
Part, the secretary shall issue a license if it is determined that the applicant is qualified to
operate a nurse staffing agency based upon demonstrated compliance with this Part. A
license issued by the department in accordance with this Section shall remain effective for
a period of two years unless the license is revoked or suspended pursuant to this Part. When
a nurse staffing agency is sold or ownership is transferred, the transferee shall notify the
department and apply for a new license at least forty-five days prior to the transfer. The
transferor shall remain responsible for the operation of the agency until such time as a license
is issued to the transferee.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.17** Renewal of a license {#sec-40-2120.17 omnilex-key=us-la-statutes--rs-title-40--40:2120.17}

At least thirty days prior to license expiration, the licensee shall submit an application
which meets the requirements of this Part for renewal of the license. If the application is
approved, the license shall be renewed for an additional two-year period.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.18** Grounds for denial of a license {#sec-40-2120.18 omnilex-key=us-la-statutes--rs-title-40--40:2120.18}

An application for a license may be denied for any of the following reasons:

(1) Failure to comply with the minimum standards set forth by this Part as well as
any licensing regulations promulgated by the department.

(2) Conviction of the applicant of a felony offense.

(3) Insufficient financial or other resources to operate the nurse staffing agency in
accordance with the requirements of this Part and the minimum standards, rules, and
regulations promulgated in this Part.

(4) Failure to establish appropriate personnel policies and procedures for selecting
nurses and certified nurse aides for employment, assignment, or referral.

(5) Failure to perform criminal history checks as required by R.S. 40:1203.1 et seq.

(6) Failure to report hours worked by certified nurse aides to the Certified Nurse
Aide Registry.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.19** Suspension, revocation, or refusal to issue or renew a license {#sec-40-2120.19 omnilex-key=us-la-statutes--rs-title-40--40:2120.19}

The department may, after appropriate notice and hearing, suspend, revoke, or refuse
to issue or renew any license if the licensee or applicant fails to comply with this Part or the
rules and regulations promulgated by the department in accordance with this Part.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.20** Minimum standards; prohibited actions {#sec-40-2120.20 omnilex-key=us-la-statutes--rs-title-40--40:2120.20}

A. The department, by rule, shall establish minimum standards for the operation of
nurse staffing agencies. Those standards shall include but are not limited to the following:

(1) The maintenance of written policies and procedures.

(2) The development of personnel policies, which include a personal interview, a
reference check, and an annual evaluation of each employee or contracted staff.

(3) Licensure application and renewal application procedures and requirements.

(4) Survey and complaint investigations.

(5) Provisions for denial, revocation, suspension, and nonrenewal of licenses, and
appeals thereof.

(6) Such other standards or regulations that will ensure proper care and treatment of
patients, clients, and persons receiving services.

B. Each nurse staffing agency shall have a nurse serving as a manager or supervisor
of all nurses and certified nurse aides.

C. Each nurse staffing agency shall ensure that its employees or contracted staff meet
the minimum licensing, training, and orientation standards for which those employees or
contracted staff are licensed or certified.

D. A nurse staffing agency shall not employ, assign, or refer for use in a healthcare
facility in this state a nurse or certified nurse aide unless the nurse or certified nurse aide is
certified or licensed in accordance with the applicable provisions of state and federal laws
or regulations. Each certified nurse aide shall comply with all pertinent regulations of the
department relating to the health and other qualifications of personnel employed in healthcare
facilities.

E. The department may adopt rules to monitor the usage of nurse staffing agency
services to determine their impact.

F.(1) Nurse staffing agencies are prohibited from requiring, as a condition of
employment, assignment, or referral, that their employees or contracted staff recruit new
employees for the nurse staffing agency from among the permanent employees of the
healthcare facility to which the nurse staffing agency employees or contracted staff have been
assigned or referred.

(2) The healthcare facility is prohibited from requiring, as a condition of
employment, its employees to recruit nurse staffing agency employees or contracted staff
to become permanent employees at the healthcare facility.

G. Nurse staffing agencies are prohibited from offering or providing financial
incentives to their employees or contracted staff for the purpose of inducing permanent
employees of healthcare facilities to which they are assigned to become employed or enter
into a contract with the nurse staffing agency.

H.(1) Except as provided in Paragraph (2) of this Subsection, a nurse staffing agency
shall not require, in any contract with a nurse staffing agency employee or contracted staff
or a facility to which the employee or staff is assigned, the payment of a fee if the employee
or contracted staff is hired as a permanent employee of the facility.

(2)(a) A nurse staffing agency may require the payment of a fee if the fee is payable
solely by the facility and the contract with the facility specifies that the amount will be
reduced pro-rata based on the length of time the nurse staffing agency employee or
contracted staff performs services for the facility while in the employment of the nurse
staffing agency. The fee shall be reduced to zero over a period of time not to exceed eighteen
weeks from the date of the nurse staffing agency's initial assignment of the employee or
contracted staff to the facility.

(b) A nurse staffing agency shall not charge a fee if a nurse staffing agency employee
or contracted staff was employed by a facility as a permanent employee less than thirty days
immediately preceding the agency's initial assignment of the employee or contracted staff to
the facility.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.21** Investigations; inspections; orders; civil penalties {#sec-40-2120.21 omnilex-key=us-la-statutes--rs-title-40--40:2120.21}

A. The department may at any time, upon receiving a complaint from any interested
person regarding allegations that a nurse staffing agency is operating without a valid license
issued by the department, investigate any entity, person, or persons.

B. The department may examine the premises of any nurse staffing agency and may
examine and inspect books, payrolls, records, papers, documents, and other evidence in any
survey or investigation. The nurse staffing agency shall cooperate in any survey or
investigation conducted by the department. Failure to cooperate or produce any
documentation for inspection or survey may result in action up to and including license
revocation.

C. The department shall assess a nurse staffing agency a survey or investigation fee,
not to exceed one thousand dollars, for any complaint survey or investigation conducted by
the department at which deficiencies are substantiated. This survey or inspection fee shall
be imposed by the department only after the nurse staffing agency has completed the
administrative process which has upheld the deficiencies or the time for filing any
administrative appeal has expired. The survey or investigation fee shall not exceed the cost
of performing the survey. This fee shall be in addition to any other sanctions.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.22** Operation without a license; penalty {#sec-40-2120.22 omnilex-key=us-la-statutes--rs-title-40--40:2120.22}

A. A nurse staffing agency shall not operate without a license issued by the
department. Any person, partnership, corporation, unincorporated association, or other legal
entity operating such an agency without a license shall be guilty of a misdemeanor and upon
conviction shall be fined no less than two hundred fifty dollars nor more than one thousand
dollars. Each day of violation shall constitute a separate offense. It shall be the
responsibility of the department to inform the appropriate district attorney of the alleged
violation to ensure enforcement.

B. If a person, partnership, corporation, unincorporated association, or other legal
entity is operating a nurse staffing agency without a license issued by the department, the
department may have the authority to issue an immediate cease and desist order to that
person, partnership, corporation, unincorporated association, or other legal entity. Any such
agency receiving a cease and desist order from the department shall immediately cease
operations until such time that the agency is issued a license by the department.

C. The department shall seek an injunction in the Nineteenth Judicial District Court
against any person, partnership, corporation, unincorporated association, or other legal entity
operating an agency that receives a cease and desist order from the department in accordance
with Subsection B of this Section and that does not cease operations immediately. Any such
person, partnership, corporation, unincorporated association, or other legal entity operating
an agency against which an injunction is granted shall be liable to the department for attorney
fees, costs, and damages.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.23** Implementation {#sec-40-2120.23 omnilex-key=us-la-statutes--rs-title-40--40:2120.23}

A. No nurse staffing agency shall be required to obtain a license in accordance with
this Part until the initial rules, regulations, and licensing standards are promulgated by the
department in accordance with the Administrative Procedure Act.

B. Each person, partnership, corporation, unincorporated association, or other legal
entity operating an agency that meets the definition of nurse staffing agency as defined in this
Part shall submit an initial licensing application and fee to the department within ninety days
of the promulgation of the initial rules, regulations, and licensing standards. If the person,
partnership, corporation, unincorporated association, or other legal entity is not licensed
within one hundred eighty days after submission of its initial licensing application and fee,
the person, partnership, corporation, unincorporated association, or other legal entity shall
cease operations until such time as the person, partnership, corporation, unincorporated
association, or other legal entity is licensed as a nurse staffing agency by the department.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.24** Administrative rulemaking {#sec-40-2120.24 omnilex-key=us-la-statutes--rs-title-40--40:2120.24}

The department shall adopt all rules and regulations in accordance with the
Administrative Procedure Act as necessary for the implementation of the provisions of this
Part.

*Acts 2022, No. 577, §1.*

##### **§ 40:2120.25** Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008. {#sec-40-2120.25 omnilex-key=us-la-statutes--rs-title-40--40:2120.25}

*Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.*

##### **§ 40:2120.26** Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008. {#sec-40-2120.26 omnilex-key=us-la-statutes--rs-title-40--40:2120.26}

*Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.*

#### **PART II-G** ADULT BRAIN INJURY FACILITIES

##### **§ 40:2120.31** Short title {#sec-40-2120.31 omnilex-key=us-la-statutes--rs-title-40--40:2120.31}

This Part may be cited as the "Adult Brain Injury Facility Licensing Law".

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.32** Legislative intent; declaration of purpose and policy {#sec-40-2120.32 omnilex-key=us-la-statutes--rs-title-40--40:2120.32}

A. It is the intent of the legislature to protect the health, safety, and well-being of the
citizens of the state who suffer from brain injuries and are receiving care in an adult brain
injury facility. In instances in which a brain injury occurs, the functions of the neurons,
nerve tracts, or sections of the brain can be affected. If the neurons and nerve tracts are
affected, they can be unable to or have difficulty carrying the messages that tell the brain
what to do thereby changing the way a person thinks, acts, feels, and moves their body.
Brain injury can also temporarily or permanently change the complex internal functions of
the body, such as regulating body temperature, bladder control, or blood pressure. Brain
injury often causes major stresses in peer and family relationships as well as educational and
employment settings, and may result in mild, moderate, or severe impairments in cognition,
physical functioning, and psychosocial behavior. Unique care is necessary to rehabilitate and
provide for the needs of these individuals in order for them to achieve their fullest capacity.
Toward that end, it is the purpose of this Part to provide for uniform statewide minimum
standards for the safety and well-being of those suffering from brain injury in such facilities,
to ensure the maintenance of these standards, and to regulate conditions in these facilities
through a program of licensing.

B. It shall be the policy of the state to ensure protection of all individuals receiving
care in adult brain injury facilities and to encourage and assist in the improvements of
programs. It is the further intent of the legislature that the freedom of religion of all citizens
shall be inviolate. This Part shall not give the Louisiana Department of Health jurisdiction
or authority to regulate, control, supervise, or in any way be involved in the form, manner,
or content of any religious curriculum or instruction of a facility sponsored by a church or
religious organization so long as the civil and human rights of the individuals are not
violated.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.33** Definitions {#sec-40-2120.33 omnilex-key=us-la-statutes--rs-title-40--40:2120.33}

As used in this Part, the following terms have the meaning ascribed in this Section
unless the context clearly indicates otherwise:

(1) "Acquired brain injury" means an injury to the brain that has occurred after birth
and is not hereditary, congenital, or degenerative. The injury commonly results in a change
in neuronal activity, which affects the physical integrity, the metabolic activity, or the
functional ability of the cell. It can also result in the disturbance of behavioral or emotional
functioning. These impairments may be either temporary or permanent and cause partial or
total functional disability or psychosocial maladjustment. The term does not refer to brain
injuries induced by birth trauma.

(2) "Adult" means an individual eighteen years of age or older.

(3) "Adult brain injury facility" means any of the following:

(a) A facility publicly or privately owned providing a rehabilitative treatment
environment which serves four or more adults who suffer from brain injury and are not
related to the operator. Services shall include personal assistance or supervision for a period
of twenty-four hours continuously per day preparing them for community integration.

(b) A home or apartment publicly or privately owned providing a rehabilitative
treatment environment which serves one to six adults who suffer from brain injury and are
not related to the operator in a home or apartment setting preparing them for community
integration.

(c) A facility publicly or privately owned providing an outpatient rehabilitative
treatment environment which serves adults who suffer from brain injury and are not related
to the operator in an outpatient day treatment setting in order to advance the individual's
independence for higher level of community or transition to a greater level of independence
in community or vocational function.

(4) "Behavioral services" means services that identify maladaptive behaviors which
interfere with the persons safe integration into the community and the formulation of an
inclusive behavior management program to decrease identified maladaptive behaviors.

(5) "Brain injury" means an acquired or traumatic injury to the brain. Such term does
not include brain dysfunction caused by congenital disorders, degenerative disorders, or birth
trauma but may include brain injuries caused by anoxia due to trauma.

(6) "Client" means an individual receiving care from an adult brain injury facility and
shall include only individuals who are medically stable and do not require an IV, feeding
tube, or other artificial or mechanical supports for life sustaining processes.

(7) "Cognitive rehabilitation" means a systematic, functionally oriented service of
therapeutic cognitive activities based on an assessment and an understanding of the behavior
of a client. Services are directed to achieve functional improvement by any of the following
methods:

(a) Reinforcing, strengthening, or re-establishing previously learned patterns of
behavior.

(b) Establishing new patterns of cognitive activity or mechanisms to compensate for
impaired neurological systems.

(8) "Community integration" means the participation in the mainstream of
community life and maintaining social relationships with family members, peers, and others
in the community who do not have brain injuries. Integration also means that clients have
equal access to and full participation in community resources and activities available to the
general public at the maximum amount of safety and independence as possible.

(9) "Department" means the Louisiana Department of Health.

(10) "Functional limitations" means actual behaviors or mental or physical
disabilities exhibited by adults with brain injuries or conditions presented by their
environments, or both, that shall be modified or minimized in order for clients to fulfill their
potential or maximize their functioning.

(11) "Head injury" means a traumatic or acquired brain injury.

(12) "Impairment" means any loss or abnormality of psychological, cognitive,
physiological, or anatomical structure or functioning.

(13) "Medication management program" means a systematic, functionally oriented
program formulated in consultation with the client's primary provider, and implemented by
staff trained by a nursing director. The program shall be based upon an assessment and
understanding of the behaviors of the client and recognition of the unique medical and
pharmacological needs of the client. It shall also mean an incorporation of the most
appropriate level of assistance necessary to advance towards independence.

(14) "Nursing director" means a person who meets the legal requirement of a
registered nurse in Louisiana. The goals of a nursing director are to advance community
integration through:

(a) Overseeing the medication management program, including staff training to
implement the program.

(b) Assisting the client in the restoration and maintenance of maximal health.

(c) Consulting the primary provider to advance the client with their medication
management program.

(d) Advancing understanding of their unique medical and pharmacological needs.

(e) Improving the client's quality of life.

(15) "Personal care" means services and supports including but not limited to:

(a) Bathing, hair care, skin care, shaving, nail care, oral hygiene, overall hygiene, and
activities of daily living.

(b) Interventions to assist one with eating and bowel and bladder management.

(c) Positioning.

(d) Care of adaptive personal care devices.

(e) An appropriate level of supervision.

(16) "Primary provider" means a provider board certified in his specialty who
currently holds a valid license in Louisiana. The primary provider is responsible for
overseeing the decision making process for admission and continued stay of clients.

(17) "Rehabilitation" means the process of providing those comprehensive services
deemed appropriate to the needs of a client in a coordinated manner in a program designed
to achieve functional objectives of improved health, welfare, maximum physical, cognitive,
social, psychological, and community functioning.

(18) "Rehabilitative treatment environment" means a rehabilitation setting that
provides for all of the following:

(a) A provision of a range of choices, with personal preference, self-determination,
and dignity of risk receiving full respect and consideration.

(b) A variety of social interactions that promote community integration.

(c) An environment of peer support and mentorship.

(d) Professional team involvement.

(e) A physical environment conducive to enhancing the functional abilities of the
client.

(f) Necessary therapeutic services. These therapeutic services may include social
work, behavioral services, speech therapy, physical therapy, occupational therapy, vocational
services, and therapeutic recreational services. All therapeutic providers must be licensed
under state and, if applicable, national boards.

(g) A medication management program.

(h) Cognitive rehabilitation activities.

(i) The identification of functional limitations.

(19) "Support" means activities, materials, equipment, or other services designed and
implemented to assist the client with a brain injury. Examples include but are not limited
to instruction, training, assistive technology, or removal of architectural barriers.

(20) "Therapeutic recreational services" means services that identify leisure activities
and assistance in modifying and adapting identified leisure activities to allow safe
participation by the client as a means to improve quality of life and aid in integration into the
community.

(21) "Traumatic brain injury" means an insult to the brain, not of a degenerative or
congenital nature, caused by an external physical force that may produce a diminished or
altered state of consciousness, which results in an impairment of cognitive abilities or
physical functioning. It can also result in the disturbance of behavioral or emotional
functioning. These impairments may be either temporary or permanent and cause partial or
total functional disability or psychosocial maladjustment.

(22) "Vocational services" means services provided directly or through cooperating
agencies to a client in accordance with his individualized plan and designed to improve or
enhance skills and behaviors necessary for successful placement in a volunteer or work
setting.

*Acts 2005, No. 245, §1, eff. June 29, 2005; Acts 2006, No. 105, §1; Acts 2008, No. 165, §1, eff. June 12, 2008; Acts 2022, No. 271, §4.*

##### **§ 40:2120.34** Licensing; applications; provisional licenses; fees {#sec-40-2120.34 omnilex-key=us-la-statutes--rs-title-40--40:2120.34}

A. All adult brain injury facilities, including facilities or agencies owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed.

B. Application for license shall be to the department upon forms furnished by the department. Upon determination that the facility is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided for in the published regulations of the department.

C. The department may provide by rule for the issuance of provisional licenses. A provisional license may be issued to an existing facility when the facility is not in full compliance with regulations, codes, or standards except in cases where the failure to comply is detrimental to the health or safety of the clients.

D. A license shall apply only to the location stated on the application, and such license, once issued, shall not be transferable from one place to another or from one person to another. If the location or owner of the facility is changed, the license shall be automatically revoked. A new application form shall be completed prior to all license renewals.

E. The licensee shall display the license in a prominent place at the facility or agency.

F. There shall be an annual license fee to be set by the department not to exceed two hundred fifty dollars for any license issued in accordance with the provisions of this Part. Monies collected for annual fees shall be used for the investigation and enforcement of the provisions of this Part.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.35** Rules, regulations, and standards for licenses {#sec-40-2120.35 omnilex-key=us-la-statutes--rs-title-40--40:2120.35}

A. The department shall promulgate rules and regulations to carry out the provisions
of this Part in accordance with the provisions of the Administrative Procedure Act.

B. The department shall promulgate minimum standards for adult brain injury
facilities as defined in this Part which, at a minimum, shall:

(1) Promote the health, safety, and welfare of clients of adult brain injury facilities.

(2) Promote safe, comfortable, and proper physical facilities which, at a minimum,
comply with applicable provisions of the Life Safety Code and the Louisiana Sanitary Code.

(3) Ensure adequate supervision of the clients.

(4) Include requirements for all personnel and employees of the facility.

(5) Prohibit discrimination by brain injury facilities on the basis of race, color, creed,
sex, disability, as defined in R.S. 51:2232, national origin, or ancestry.

(6) Include procedures for survey and complaint investigations.

(7) Require the licensee to make adequate provisions for clients in its care in the
event of an emergency or natural disaster as provided in the licensee's approved emergency
and evacuation plan.

(8) Administer a medication management program that includes:

(a) A current medication list to be provided by the prescribing physician(s) on or
before admission.

(b) An initial assessment by the primary physician or nursing director in accordance
with the client's needs including a review of the client's current medication list.

(c) Identification of the level of assistance the client needs. Assistance with oral
medication, inhalant medication, topical applications, suppository medication, eye and ear
drops, prescription and non-prescription medication in accordance with the client's medical
needs and orders of an authorized prescriber, shall be limited to the following:

(i) Reminding the client to take his medication.

(ii) Informing the client of the medication regimen, as indicated on the container,
which may be read to the client and the dosage of the medication, according to the container
label, may be checked by staff.

(iii) Physically assisting the client in pouring or handing out medications, including
having a staff member open the medicine container.

(d) Formulation of a treatment plan for the client.

(e) Implementation of the treatment plan.

(f) Periodic review and revision of the treatment plan.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.36** Inspections {#sec-40-2120.36 omnilex-key=us-la-statutes--rs-title-40--40:2120.36}

The department, through its duly authorized agents, shall inspect at regular intervals as may be deemed necessary by the department, and without previous notice all adult brain injury facilities, subject to the provisions of this Part. The department shall also develop and facilitate coordination with other authorized local, state, and federal agencies making inspections of such facilities.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.37** Complaints {#sec-40-2120.37 omnilex-key=us-la-statutes--rs-title-40--40:2120.37}

A. The department, through its duly authorized agents, shall investigate all complaints against any adult brain injury facility as defined in this Part. The department may take such action as is authorized by R.S. 40:2120.38 through 2120.40.

B. The department shall receive, record, and dispose of complaints in accordance with R.S. 40:2009.13 et seq.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.38** Denial or revocation of license; written notice; appeal procedure {#sec-40-2120.38 omnilex-key=us-la-statutes--rs-title-40--40:2120.38}

A. The department may deny, suspend, or revoke a license in any case in which there has been a failure of the applicant or licensee to comply with the requirements of this Part or the rules, regulations, and minimum standards for adult brain injury facilities, provided in all such cases the department shall furnish the applicant or licensee thirty days written notice specifying the reasons for the action.

B. Any applicant or licensee who feels aggrieved by the action of the department in denying or revoking a license may appeal suspensively from the action within thirty days after receipt of the notification of the denial or revocation. This appeal or request for a hearing shall specify in detail reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the department.

C. The appeal hearing shall be conducted in accordance with the Administrative Procedure Act.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.39** Operating without license or in violation of departmental regulations; penalty {#sec-40-2120.39 omnilex-key=us-la-statutes--rs-title-40--40:2120.39}

A. Whoever operates any adult brain injury facility, as defined in this Part, without a valid license issued by the department, or in violation of departmental regulations, shall be fined by the department in accordance with a schedule of fines and enforcement procedures promulgated by rules of the department, not to exceed two hundred fifty dollars for each day of such offense.

B. In deciding whether and to what extent to impose fines, the department shall consider the following factors:

(1) Gravity of violation including the probability that death or serious physical harm to a client will result or has resulted.

(2) Size of the population at risk as a consequence of the violation.

(3) Severity and scope of the actual or potential harm.

(4) Extent to which the provisions of the applicable statutes or regulations were violated.

(5) Any indications of good faith exercised by the licensee.

(6) The duration, frequency, and relevance of any previous violations committed by the licensee.

(7) Financial benefit to the licensee of committing or continuing the violation.

C. Any such fines levied and collected by the department, subject to applicable law, shall be used for the benefit of clients in adult brain injury facilities and shall be distributed in accordance with criteria promulgated by rules of the department.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

##### **§ 40:2120.40** Operating without a license or in violation of departmental regulations; injunctive relief {#sec-40-2120.40 omnilex-key=us-la-statutes--rs-title-40--40:2120.40}

If any adult brain injury facility operates without a valid license issued by the department, or in violation of departmental regulations, the department may cause a civil suit to be instituted in a district court in the parish in which the facility is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any group operating the facility from continuing the violation.

*Acts 2005, No. 245, §1, eff. June 29, 2005.*

#### **PART II-H** LICENSING OF ADULT DAY HEALTH CARE PROVIDERS

##### **§ 40:2120.41** Purpose {#sec-40-2120.41 omnilex-key=us-la-statutes--rs-title-40--40:2120.41}

The purpose of this Part is to provide an alternative to or a possible prevention of institutionalization of physically, mentally, or functionally impaired adults and to provide for the maintenance of services made available by adult day health care providers.

*Acts 2006, No. 637, §1, eff. June 23, 2006.*

##### **§ 40:2120.42** Definitions {#sec-40-2120.42 omnilex-key=us-la-statutes--rs-title-40--40:2120.42}

As used in this Part:

(1) "Adult day health care" means a medical model adult day health care program
designed to provide services for medical, nursing, social, care management, and personal
care needs to adults who are functionally impaired. Such services are rendered for a portion
of a twenty-four-hour day by utilizing licensed professionals in a center-based nursing
program.

(2) "Adult day health care provider" or "provider" means any place owned or
operated for profit or nonprofit by a person, society, agency, corporation, institution, or any
other group wherein two or more functionally impaired adults who are not related to the
owner or operator of such agency are provided with adult day health care services, as defined
in this Section.

(3) "Department" means the Louisiana Department of Health.

(4) "Functionally impaired adults" means persons seventeen years of age or older
who are physically or mentally impaired to a degree that they are in need of supervision.

*Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2008, No. 174, §1.*

##### **§ 40:2120.43** Licensure of adult day health care providers {#sec-40-2120.43 omnilex-key=us-la-statutes--rs-title-40--40:2120.43}

A. No agency, institution, society, corporation, person or persons, or any other group providing adult day health care services may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department.

B. A license issued to an adult day health care provider shall be valid for only one geographic location and shall be issued only for the person and premises named in the license application.

C A license issued under this Part shall be valid for one year from the date of issuance, unless revoked prior to that date.

D. A license issued under this Part shall expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department.

E. A license issued under this Part shall be on a form prescribed by the department.

F. A license issued under this Part shall not be transferable or assignable.

G. A license issued to an adult day health care provider shall be posted in a conspicuous place on the licensed premises.

*Acts 2006, No. 637, §1, eff. June 23, 2006.*

##### **§ 40:2120.44** Rules and regulations; licensing standards {#sec-40-2120.44 omnilex-key=us-la-statutes--rs-title-40--40:2120.44}

A. The department is hereby authorized and directed to promulgate and publish rules,
regulations, and licensing standards, in accordance with the Administrative Procedure Act,
to provide for the licensure of adult day health care providers and to provide for the health,
safety, and welfare of persons receiving services from such providers or programs, and to
provide for the safe operation of such providers or programs. The rules, regulations, and
licensing standards shall become effective upon approval by the secretary of the department
in accordance with the Administrative Procedure Act. These rules, regulations, and licensing
standards shall have the effect of law.

B. The department shall prescribe, promulgate, and publish rules, regulations, and
licensing standards relative to adult day health care providers, to include but not be limited
to the following:

(1) Licensure application and renewal application procedures and requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, and comfort of patients,
clients, and persons receiving services.

(5) Survey and complaint investigations.

(6) Initial and annual renewal of licenses.

(7) Provisional licenses.

(8) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.

(9) Planning, construction, and design of the facility to ensure the health, safety,
welfare, and comfort of patients, clients, and persons receiving services.

(10) Such other regulations or standards as will ensure proper care and treatment of
patients, clients, and persons receiving services, as may be deemed necessary for an effective
administration of this Part.

C. The department may promulgate and publish other rules it deems necessary to
streamline the application process and maximize participation of adults in need of adult day
health care services. The rules, regulations, and licensing standards shall become effective
upon approval by the secretary of the department in accordance with the Administrative
Procedure Act. These rules and regulations shall have the effect of law.

*Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.*

##### **§ 40:2120.45** License issuance; application; onsite inspection {#sec-40-2120.45 omnilex-key=us-la-statutes--rs-title-40--40:2120.45}

A. Each application for licensure of an adult day health care provider shall be
submitted to the department on forms prescribed by the department and shall contain such
information as the department may require. Additional information required by the
department shall be provided by the applicant as requested.

B. Following receipt of the completed application, the department shall perform an
onsite survey and inspection. If, after the onsite survey and inspection, the department finds
that the facility meets the requirements established under this Part and the licensing standards
adopted pursuant to this Part, a license shall be issued.

C. As a condition for a renewal of a license, the licensee shall submit to the
department a completed annual renewal application on forms prescribed by the department
and shall contain such information as required by the department. Upon receipt of the
completed annual renewal application, the department shall determine if the facility
continues to meet the requirements established under this Part and the licensing standards
adopted pursuant to this Part. The department may perform an onsite survey and inspection
upon annual renewal. If the facility continues to meet the requirements established under this
Part and the licensing standards adopted pursuant to this Part, a license shall be issued which
is valid for one year.

D. The department may perform an onsite inspection at reasonable times as
necessary to ensure compliance with the provisions of this Part.

*Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.*

##### **§ 40:2120.46** Operation without license; penalty {#sec-40-2120.46 omnilex-key=us-la-statutes--rs-title-40--40:2120.46}

A. An adult day health care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred nor more than five hundred dollars for each such offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If an adult day health care provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operation until such time as that provider is issued a license by the department.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

*Acts 2006, No. 637, §1, eff. June 23, 2006.*

##### **§ 40:2120.47** Moratorium; exceptions {#sec-40-2120.47 omnilex-key=us-la-statutes--rs-title-40--40:2120.47}

A. The department shall implement a moratorium on adult health care providers
enrolled in the Title XIX program. Under this moratorium, the department shall not approve
or enroll any new or additional adult day health care providers into the Title XIX program,
except as provided in Subsection B. This moratorium shall become enforceable on August
15, 2006, and shall remain in effect until July 1, 2008.

B. If the department determines that there is a need for new or additional adult day
health care providers in a certain geographic location, the department may approve and enroll
a new or additional adult day health care provider into the Title XIX program. The
department shall promulgate and publish rules in accordance with the Administrative
Procedure Act to provide for the following:

(1) Criteria and processes for determining whether such a need exists.

(2) Procedures for selecting an adult day health care provider to be approved and
enrolled into the Title XIX program once a need has been determined.

(3) Other such rules or regulations as necessary for the efficiency and effectiveness
of approval or enrollment of adult day health care providers into the Title XIX program.

*Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.*

#### **PART II-I** STATE REGISTRATION OF CERTIFIED NURSE AIDES IN NURSING FACILITIES AND SKILLED NURSING FACILITY UNITS

##### **§ 40:2120.51** Definitions {#sec-40-2120.51 omnilex-key=us-la-statutes--rs-title-40--40:2120.51}

As used in this Part, the following definitions shall apply unless the content clearly
states otherwise:

(1) "Certified nurse aide" means a certified nursing assistant or certified nurse aide
employed by a nursing facility or contracted by a nursing facility.

(2) "Department" means the Louisiana Department of Health.

(3) "Medical staffing agency" means any agency, institution, society, corporation,
person or persons, or any other group that provides, for profit, the services of certified nurse
aides to a nursing facility.

(4) "Nursing facility" means a nursing home licensed by the Louisiana Department
of Health pursuant to R.S. 40:2009.1 et seq., and a unit of a licensed hospital certified as a
skilled nursing facility unit.

(5) "Secretary" means the secretary of the Louisiana Department of Health or his
designee.

*Acts 2009, No. 357, §1, eff. Aug. 15, 2010.*

##### **§ 40:2120.52** State registration of certified nurse aides in nursing facilities {#sec-40-2120.52 omnilex-key=us-la-statutes--rs-title-40--40:2120.52}

A. Beginning August 15, 2010, a certified nurse aide employed by a nursing facility
or contracted by a nursing facility to provide nursing assistant services to the residents of a
nursing facility shall be registered with the department.

(1) Each such certified nurse aide shall apply for registration with the department.
Each application for registration of a certified nurse aide shall be submitted to the department
on forms provided by the department and shall contain such information required by the
department. Additional information required by the department shall be provided by the
applicant as requested.

(2) The registration will be listed on the Louisiana's Certified Nurse Aide Registry.

(3) No certified nurse aide shall be employed by a nursing facility or contracted by
a nursing facility to provide nursing assistant services after August 15, 2010, unless the
certified nurse aide has a valid and current registration with the department.

B. The department shall establish the following types of registration for such
certified nurse aides:

(1) Unrestricted registration.

(2) Restricted registration.

C.(1) An individual who successfully completes one semester of a registered or
practical nursing program that includes a course on foundational nursing skills may apply to
take a nurse aide competency evaluation examination approved by the department.

(2) A nurse aide who successfully passes an approved nurse aide competency
evaluation examination may register with the Louisiana Certified Nurse Aide Registry and
shall not be required to complete a nurse aide training program.

*Acts 2009, No. 357, §1, eff. Aug. 15, 2010; Acts 2023, No. 80, §2.*

##### **§ 40:2120.53** Rules and regulations; standards {#sec-40-2120.53 omnilex-key=us-la-statutes--rs-title-40--40:2120.53}

A. The department is hereby authorized and directed to promulgate and publish rules, regulations, and standards in accordance with the Administrative Procedure Act, to provide for the registration of certified nurse aides and to provide for the health, safety, and welfare of residents in nursing facilities. These rules, regulations, and standards shall have the effect of law.

B. The department shall prescribe, promulgate, and publish rules, regulations and standards that may include the following:

(1) Registration application and renewal registration procedures and requirements.

(2) Minimum training requirements.

(3) Complaint procedures and investigations.

(4) Denial, revocation, suspension, non-renewal of registration, and procedures for appeal.

(5) Unrestricted and restricted registration, and procedures for appeal.

(6) Such other regulations or standards as deemed necessary by the department.

*Acts 2009, No. 357, §1, eff. Aug. 15, 2010.*

##### **§ 40:2120.54** Duties of the department to investigate complaints against certified nurse aides; complaint allegations; restricted registration; reinstatement {#sec-40-2120.54 omnilex-key=us-la-statutes--rs-title-40--40:2120.54}

A. In addition to other investigations as required by state or federal regulation, the department shall investigate the following complaints and allegations against certified nurse aides in nursing facilities:

(1) Abandonment of duties.

(2) Failure to perform assigned certified nurse aide duties when such failure results in a potential for more than minimal harm to a resident.

(3) Conduct unbecoming to a certified nurse aide as defined as any of the following:

(a) Insubordination that results in a potential for more than minimal harm to a resident.

(b) Failure to display competency in the performance of certified nurse aide duties due to the use of alcohol, drugs, illness, or mental or physical condition.

(c) Falsification of documents related to the performance of assigned job duties.

B. If the department substantiates allegations under Subsection A of this Section, the department shall, at its discretion, issue a notice of restricted registration to the certified nurse aide or issue a notice of revocation or suspension of registration to the certified nurse aide.

C. The restricted registration shall impose at least one of the following restrictions:

(1) The certified nurse aide shall work in a licensed nursing facility only as a direct employee of the nursing facility under the direct supervision of a certified nurse aide supervisor or other licensed healthcare professional, for a minimum of six months.

(2) The certified nurse aide shall complete mandatory training or education.

D. The department shall place notice of the restricted registration on the Louisiana's Certified Nurse Aide Registry after final administrative determination or after appeal delays have expired.

E. Upon completion of the imposed restrictions pursuant to Subsection C of this Section, the certified nurse aide shall apply for reinstatement of an unrestricted registration.

*Acts 2009, No. 357, §1, eff. Aug. 15, 2010.*

##### **§ 40:2120.55** Duties of the nursing facility {#sec-40-2120.55 omnilex-key=us-la-statutes--rs-title-40--40:2120.55}

Prior to employing or contracting with a certified nurse aide, a nursing facility shall verify through the Louisiana's Certified Nurse Aide Registry that the certified nurse aide is currently certified and has a current state registration.

*Acts 2009, No. 357, §1, eff. Aug. 15, 2010.*

##### **§ 40:2120.56** Repealed by Acts 2011, No. 132, §1, eff. June 24, 2011. {#sec-40-2120.56 omnilex-key=us-la-statutes--rs-title-40--40:2120.56}

*Repealed by Acts 2011, No. 132, §1, eff. June 24, 2011.*

##### **§ 40:2120.57** Certified nurse aide; medical staffing agencies {#sec-40-2120.57 omnilex-key=us-la-statutes--rs-title-40--40:2120.57}

A. Any medical staffing agency employing or contracting with a certified nurse aide shall, before employing or contracting with a certified nurse aide, verify that the certified nurse aide is certified and listed on the Louisiana's Certified Nurse Aide Registry and shall perform or have performed a criminal background check on each certified nurse aide.

B. All medical staffing agencies shall submit to the department any complaints or grievances received against a certified nurse aide whom they have employed.

C. No medical staffing agency shall employ or contract with a certified nurse aide who holds a restricted registration.

D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars. Each day's violation shall constitute a separate offense.

*Acts 2009, No. 357, §1, eff. Aug. 15, 2010.*

#### **PART II-J** LICENSING PROGRAM FOR ALL-INCLUSIVE CARE OF THE ELDERLY (PACE)

##### **§ 40:2120.61** Short title {#sec-40-2120.61 omnilex-key=us-la-statutes--rs-title-40--40:2120.61}

This Part shall be known and may be cited as the "Licensing Program for
All-Inclusive Care of the Elderly (PACE)".

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.62** Purpose {#sec-40-2120.62 omnilex-key=us-la-statutes--rs-title-40--40:2120.62}

A. The purpose of this Part is to authorize the Louisiana Department of
Health to promulgate and publish rules and regulations to provide for the licensing
of the Program of All-Inclusive Care for the Elderly (PACE) providers; to provide
for the health, safety, welfare, well-being, and comfort of persons receiving services
from PACE providers; and to provide for the safe operation and maintenance of
PACE providers.

B. The purpose of a PACE provider is to provide prepaid, capitated,
comprehensive healthcare service to Medicare and Medicaid recipients or other
qualified individuals who are enrolled in PACE services.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.63** Definitions {#sec-40-2120.63 omnilex-key=us-la-statutes--rs-title-40--40:2120.63}

For the purposes of this Part, the following terms shall have the following
meanings:

(1) "Department" means the Louisiana Department of Health or any agency
or office designated by the secretary to administer the provisions of this Part.

(2) "License" means a license issued by the department to a PACE provider.

(3) "PACE enrollee" means a recipient or participant that has been approved
by Medicare or the Louisiana Medicaid Program or is otherwise qualified to enroll
as a PACE participant for PACE services provided by an approved and licensed
PACE provider.

(4) "PACE services" means those healthcare and related services approved
by the Centers for Medicare and Medicaid Services for Medicare and Louisiana
Medicaid programs as PACE services, including but not limited to primary care,
social work services, restorative therapies, personal care and support services,
nutrition counseling, recreational therapy, transportation, meals, medical specialists
services, laboratory tests, x-rays, durable medical equipment, and other services
determined necessary by an interdisciplinary team to improve and maintain the
participant's overall health status.

(5) "Program for All-Inclusive Care of the Elderly (PACE) provider" means
a facility, place, center, agency, person, institution, corporation, partnership,
unincorporated association, group, organization, or other legal entity that meets the
requirements of 42 CFR 460 et seq. and is approved and enrolled or intends to be
approved and enrolled as a PACE organization by the Centers for Medicare and
Medicaid Services for the Medicare and Louisiana Medicaid programs to provide
services to Medicare and Medicaid recipients, or other qualified individuals, who
choose PACE services.

(6) "Secretary" means the secretary of the Louisiana Department of Health
or his designee.

(7) "Standards" means policies, procedures, rules, and other guidelines or
standards of current practice contained in this Part, in addition to those rules and
standards promulgated by the department for the licensing and operation of PACE
providers.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.64** Licensure of PACE providers {#sec-40-2120.64 omnilex-key=us-la-statutes--rs-title-40--40:2120.64}

A. All PACE providers shall be licensed by the Louisiana Department of
Health. No facility, place, center, agency, person, institution, corporation,
partnership, unincorporated association, group, organization, or other legal entity
providing PACE services may be established, operated, or be reimbursed under the
Medicaid program, unless licensed as a PACE provider to perform services by the
department.

B. A license issued to a PACE provider shall be all of the following:

(1) Issued only for the entity or person and premises named in the license
application.

(2) Valid for only the geographic location listed on the license. The
geographic service location for a PACE provider shall be a single geographic
administrative region of the Louisiana Department of Health as defined in the
licensing rules for the PACE provider.

(3) Valid for twelve months beginning the month of issuance, unless revoked
or otherwise suspended prior to that date. The license shall expire on the last day of
the twelfth month after the date of issuance, unless otherwise renewed, or as set forth
in rules promulgated by the department.

(4) On a form prescribed by the department.

C. A license issued pursuant to this Part shall not be transferrable or
assignable.

(1) When a PACE provider is sold or ownership is transferred, the new
owner or transferee shall notify the department and apply for a new license at least
forty-five days prior to the transfer.

(2) The transferor shall remain responsible for the operation of the PACE
provider until such time as a license has been issued to the transferee.

D. A license issued to a PACE provider shall be posted in a conspicuous
place on the licensed premises.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.65** PACE provider participants; restrictions {#sec-40-2120.65 omnilex-key=us-la-statutes--rs-title-40--40:2120.65}

A PACE provider shall provide services only to those participants who have
chosen PACE services and who have been approved by Medicare or the Louisiana
Medicaid Program or are otherwise qualified to become a PACE enrollee. A PACE
provider shall not provide services to any person that is not an approved PACE
enrollee.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.66** PACE provider restrictions {#sec-40-2120.66 omnilex-key=us-la-statutes--rs-title-40--40:2120.66}

A. A PACE provider may provide all of the following services to approved
PACE enrollees:

(1) Home- and community-based services, as defined in R.S. 40:2120.1 et
seq., if the PACE provider is in compliance with state licensing laws, rules, and
regulations for home- and community-based services providers, unless otherwise
exempted pursuant to promulgated PACE provider licensing regulations.

(2) Adult day healthcare facility services, as defined in R.S. 40:2120.41 et
seq., if the PACE provider is in compliance with federal and state licensing laws,
rules, and regulations for adult day healthcare facility services, unless otherwise
exempted pursuant to promulgated PACE provider licensing regulations.

(3) Home health agency services, as defined in R.S. 40:2116.31 et seq., if the
PACE provider is in compliance with federal and state licensing laws, rules, and
regulations governing home health agencies, unless otherwise exempted pursuant to
the promulgated PACE provider licensing regulations.

B. A PACE organization which has been issued a PACE provider license by
the department shall not be required to obtain a separate home- and community-based
service provider license, a separate adult day healthcare facility license, or a separate
home health agency license in order to provide such services to approved PACE
enrollees.

C. A PACE provider may contract with any of the following:

(1) A Louisiana-licensed and certified hospital, nursing facility, or hospice
agency to arrange or provide hospital, nursing facility, or hospice services to an
approved PACE enrollee.

(2) Other licensed or certified medical or healthcare providers or
professionals to provide approved PACE services to an approved PACE enrollee.

D. A PACE provider shall ensure that all services provided to or arranged for
a PACE enrollee are provided by either of the following:

(1) Individuals who are licensed by, and in good standing with, the
appropriate licensing board in this state and who are practicing within the licensed
scope of practice.

(2) Individuals who are certified by, and in good standing with, the
appropriate board, authority, or agency in this state and who are acting within the
scope of practice or certification.

E. A PACE provider shall not serve any person who is not an approved
PACE enrollee.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.67** Rules and regulations; licensing standards {#sec-40-2120.67 omnilex-key=us-la-statutes--rs-title-40--40:2120.67}

A. The department shall promulgate and publish rules, regulations, and
licensing standards, in accordance with the Administrative Procedure Act, to provide
for the licensure of PACE providers; to provide for the health, safety, welfare,
well-being, and comfort of persons receiving services from PACE providers; and to
provide for the safe operation and maintenance of PACE providers.

B. The department shall promulgate and publish rules, regulations, and
licensing standards, which shall include but are not limited to the following:

(1) Licensure application, renewal, and conversion, including forms,
procedures, and requirements.

(2) Operational requirements.

(3) Provision of services.

(4) Practice standards to ensure quality of care.

(5) Practice standards to ensure the health, safety, welfare, well-being, and
comfort of persons receiving care and services.

(6) Confidentiality of clients' records.

(7) Criteria and protocols to ensure uniform and quality assessment,
diagnosis, evaluation, and referral to appropriate level of care.

(8) Administration, personnel, and staffing requirements.

(9) Maintenance of written policies and procedures.

(10) Survey and complaint investigations, including investigations into
allegations that a provider is operating without a license.

(11) License types, including provisional licenses.

(12) Denial, revocation, suspension, and nonrenewal of licenses, and any
appeals.

(13) Planning, construction, and design of the provider to ensure the health,
safety, welfare, well-being, and comfort of persons receiving care and services.

(14) Requirements for approval of PACE enrollees.

(15) Other regulations or standards to ensure proper care and treatment of
persons receiving care and services at or from a PACE provider as may be considered
necessary by the department for an effective administration of this Part.

C. No PACE organization or provider will be required to obtain a license in
accordance with this Part until the initial rules, regulations, and licensing standards
are promulgated by the department pursuant to the Administrative Procedure Act.
Each entity that meets the definition of a PACE provider shall submit an initial
licensing application and licensing fee to the department within ninety days of the
promulgation of the initial rules, regulations, and licensing standards. If the entity is
not licensed within one hundred eighty days after submission of its initial licensing
application and fee, the entity shall cease and desist operations until such time as it
is licensed as a PACE provider by the department.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.68** License issuance; application; fees; onsite inspections {#sec-40-2120.68 omnilex-key=us-la-statutes--rs-title-40--40:2120.68}

A. Each application for licensure as a PACE provider shall be submitted to
the department on forms prescribed by the department and shall contain information
as the department may require. If a PACE organization operates in more than one
departmental region, the PACE organization shall obtain a separate PACE provider
license for each region. At a minimum, the licensing application shall contain all of
the following information:

(1) Name, address, and contact information of the person, partnership,
corporation, unincorporated association, or other legal entity that is the applicant.

(2) Names and addresses of the applicant's officers, directors, managers, and
administrators, if applicable.

(3) A line of credit from a federally insured, licensed lending institution in
the amount of at least fifty thousand dollars.

(4) Evidence of compliance with the Louisiana Workers' Compensation Law,
R.S. 23:1020.1 et seq.

(5) Evidence of general and professional liability insurance in the amount of
at least three hundred thousand dollars.

(6) Any other relevant information that the department determines is
necessary to properly evaluate the applicant and application as required by the
department by rule.

B. Each application for initial licensure shall be accompanied by a
nonrefundable license fee, payable to the department, in an amount not to exceed one
thousand five hundred dollars.

C. Following receipt of the completed initial licensing application and
licensing fee, the department shall perform an onsite survey and inspection. If, after
the onsite survey and inspection, the department finds that the PACE provider meets
the requirements of this Part and the licensing standards adopted pursuant to this
Part, a license shall be issued.

D. As a condition for renewal of license, the licensee shall continue to be
approved and enrolled as a PACE organization by the Centers for Medicare and
Medicaid Services for the Medicare and Louisiana Medicaid programs. In addition,
the licensee shall submit to the department a completed annual renewal application
on the forms prescribed by the department, which shall contain all information
required by the department. Additionally, a nonrefundable annual renewal licensing
fee in an amount not to exceed one thousand five hundred dollars shall be submitted
with the annual renewal application. A PACE provider shall be assessed a delinquent
fee of two hundred dollars for failure to timely renew its license. The delinquent fee
shall be assessed and shall become due and payable to the department at 12:01 a.m.
on the first day following the expiration date of the license.

E. Upon receipt of the completed annual renewal application and the annual
renewal fee, and any applicable delinquent fee, the department shall determine if the
PACE provider continues to meet the requirements established under this Part and
under the licensing standards adopted pursuant to this Part. The department may
perform an onsite survey and inspection upon annual renewal. If the provider
continues to meet the requirements established under this Part and under the licensing
standards adopted pursuant to this Part, a license shall be issued, which shall be valid
for up to one year, unless otherwise revoked or suspended.

F. The department may perform an onsite survey or inspection at reasonable
times as necessary to ensure compliance with this Part and the licensing standards
adopted pursuant to this Part.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.69** Investigations; surveys {#sec-40-2120.69 omnilex-key=us-la-statutes--rs-title-40--40:2120.69}

A. The department may conduct onsite licensing surveys and inspections,
including complaint surveys, to determine that the PACE provider is in compliance
with the laws, rules, and regulations applicable to the PACE provider. Further, a
PACE provider that has applied for a license or that is licensed pursuant to this Part
shall be open at reasonable times for inspection by the department, the state fire
marshal, and any other authorized governmental entity.

B. Every applicant or licensee shall keep all records and make all reports as
the department shall prescribe, and all necessary records shall be available for
inspection by the department or other authorized governmental entity. The
department may examine the premises of any PACE provider and may examine and
inspect the PACE provider's books, records, documents, and other evidence in any
survey or investigation. The PACE provider shall cooperate in any survey or
investigation conducted by the department. Failure to cooperate with the survey or
investigation may result in action up to and including license revocation.

C. The department may assess a PACE provider a survey or investigation fee,
not to exceed one thousand dollars, for any complaint survey or investigation
conducted by the department at which deficiencies are substantiated. This survey or
inspection fee shall be imposed by the department only after the PACE provider has
completed the administrative process that has upheld the deficiencies or the time for
filing any administrative process or appeal has expired. The survey or investigation
fee shall not exceed the cost of performing the survey or inspection. This fee shall
be in addition to any other sanctions.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

##### **§ 40:2120.70** Operation without license; penalty; exception {#sec-40-2120.70 omnilex-key=us-la-statutes--rs-title-40--40:2120.70}

A. Except as provided in R.S. 40:2120.67, a PACE provider shall not operate
without a license issued by the department. Any provider, organization, or facility
operating without a license shall be guilty of a misdemeanor and upon conviction
shall be fined no less than two hundred fifty dollars nor more than one thousand
dollars. Each day of violation shall constitute a separate offense. It shall be the
responsibility of the department to inform the appropriate district attorney of the
alleged violation to ensure enforcement.

B. If a PACE provider is operating without a license issued by the
department, the department shall have the authority to issue an immediate cease and
desist order to the provider. Any provider that receives a cease and desist order from
the department shall immediately cease operations until the provider is issued a
license by the department.

C. The department shall seek an injunction in the Nineteenth Judicial District
Court against any PACE provider that receives a cease and desist order from the
department in accordance with Subsection B of this Section and does not cease
operations immediately. Any PACE provider against whom an injunction is granted
shall be liable to the department for attorney fees, costs, and damages.

*Acts 2024, No. 444, §1, eff. June 3, 2024.*

#### **PART III** EXCEPTIONAL CHILDREN

##### **§ 40:2121** Citation {#sec-40-2121 omnilex-key=us-la-statutes--rs-title-40--40:2121}

This Part shall be known and may be cited as the Exceptional Children's Act.

*Acts 1981, No. 673, §1.*

##### **§ 40:2122** Purpose {#sec-40-2122 omnilex-key=us-la-statutes--rs-title-40--40:2122}

The purpose of this law is to provide financial assistance to the parents or guardians of an exceptional child for the cost of room, board, and training or therapy, or both, in a private residential facility for exceptional children when a state owned and operated facility appropriate to the needs of the child does not exist or space therein is not available.

*Acts 1981, No. 673, §1.*

##### **§ 40:2123** Eligibility for assistance {#sec-40-2123 omnilex-key=us-la-statutes--rs-title-40--40:2123}

Any child whose physical, emotional, mental, or neurological condition
so deviates from the normal that he cannot, without special therapy, protective
care, or training satisfactorily participate in community living is eligible for
assistance under this Part, provided that said child shall be a resident of the
state at the time of the application for assistance and a diagnostic workup has
been performed pursuant to Louisiana Department of Health rules and
regulations.

*Acts 1981, No. 673, §1.*

##### **§ 40:2124** Contribution to cost of care by parent; notification; payment; default {#sec-40-2124 omnilex-key=us-la-statutes--rs-title-40--40:2124}

A. When the Louisiana Department of Health provides payments for
care and treatment of a child under the provisions of this Part, the parent or
guardian will be required to contribute to the cost of care of the child in a
manner which is (1) consistent with applicable federal and state regulations,
(2) commensurate with his ability to pay, and (3) in accordance with a sliding
scale which shall be established by the Louisiana Department of Health.

B. The Louisiana Department of Health shall notify parents or
guardians of their responsibility to contribute to the cost of care and shall bill
the parents or guardians on a periodic basis, but no less often than quarterly,
for the amount due.

C. Such payments by parents or guardians shall be made directly to the
Louisiana Department of Health and shall be deposited in the state treasury.

D. In the event of default by parents or guardians, the Louisiana
Department of Health shall exercise all administrative and legal alternatives
provided by law or regulation to enforce the provisions of this Section.

*Acts 1981, No. 673, §1.*

##### **§ 40:2125** Age; continuation of assistance; discrimination {#sec-40-2125 omnilex-key=us-la-statutes--rs-title-40--40:2125}

A. Assistance granted in this Part to an exceptional child may be
continued until the exceptional person has reached the age of twenty-five
years; however, assistance may be continued past age twenty-five if need for
continuation of the residence location is necessary to the person's physical or
emotional well-being, or both, and such necessity is so certified by appropriate
professional authorities approved by the Louisiana Department of Health.

B. Such assistance shall not be provided where an institution or
provider discriminates against those seeking services provided herein on the
basis of race, color, creed, disability, as defined in R.S. 51:2232, or national
origin.

*Acts 1981, No. 673, §1; Acts 1993, No. 820, §7.*

##### **§ 40:2126** Hospitals for the care of emotionally disturbed children; creation; conversion to full range psychiatric hospitals with satellite community cottages; superintendents {#sec-40-2126 omnilex-key=us-la-statutes--rs-title-40--40:2126}

A. There are hereby created four hospitals for the care, treatment, and
rehabilitation of emotionally disturbed children, to be located in New Orleans,
Baton Rouge, Shreveport, and Alexandria. These hospitals may be converted
to full range psychiatric hospitals with satellite community cottages providing
services to adults as well as emotionally disturbed children by the secretary of
the Louisiana Department of Health upon his determination that there exists
a need for such facilities. Each of the said hospitals shall be so limited in size
as to allow for not more than three hundred beds.

B. The priority for the construction of the said hospitals shall be in the
following order, namely; New Orleans, Baton Rouge, Shreveport, and
Alexandria.

C. The secretary of the Louisiana Department of Health shall appoint
a superintendent to control and manage each such hospital, subject to the
provision of Subsection D hereof. Each superintendent shall be the executive
officer of the hospital he is appointed to administer and shall be a classified
state employee.

D. Each superintendent, in accordance with law, may appoint necessary
employees.

The secretary of the Louisiana Department of Health may make rules
and regulations for the operation and management of the said hospitals and, in
accordance with the rules and regulations of the civil service commission, shall
fix all salaries.

E. The provisions of this Section are expressly made applicable to the
subject matters embraced in R.S. 46:1751 through R.S. 46:1767 to the extent
necessary to give full effect to this Section.

*Acts 1981, No. 673, §1.*

##### **§ 40:2127** Rules and regulations {#sec-40-2127 omnilex-key=us-la-statutes--rs-title-40--40:2127}

The department may promulgate such rules and regulations for the administration of this Part as it deems advisable in accordance with the Administrative Procedure Act.

*Acts 1981, No. 673, §1.*

#### **PART IV** LICENSING OF AMBULATORY SURGICAL CENTERS

##### **§ 40:2131** Short title {#sec-40-2131 omnilex-key=us-la-statutes--rs-title-40--40:2131}

This Part may be cited as the Ambulatory Surgical Centers Licensing Law.

*Added by Acts 1976, No. 596, §1.*

##### **§ 40:2132** Purpose {#sec-40-2132 omnilex-key=us-la-statutes--rs-title-40--40:2132}

The purpose of this Part is to provide for the protection of public health through the development, establishment, and enforcement of standards for the care of individuals in ambulatory surgical centers.

*Added by Acts 1976, No. 596, §1.*

##### **§ 40:2133** Definitions {#sec-40-2133 omnilex-key=us-la-statutes--rs-title-40--40:2133}

A.(1) "Ambulatory surgical center" means an establishment with an organized
medical staff of physicians, with permanent facilities that are equipped and operated
primarily for the purpose of performing surgical procedures, with continuous physician
services and registered professional nursing services available whenever a patient is in the
facility, which does not provide services or other accommodations for patients to stay
overnight, and which offers the following services whenever a patient is in the center:

(a) Drug services as needed for medical operations and procedures performed.

(b) Provisions for physical and emotional well-being of patients.

(c) Provision of emergency services.

(d) Organized administrative structure.

(e) Administrative, statistical and medical records.

(2) "Ambulatory surgical center" also means a treatment center that is operated
primarily for the purpose of offering stereotactic radiosurgery by use of a Gamma Knife or
similar neurosurgical tool.

B. "Licensing agency" shall be the Louisiana Department of Health.

C. "Use agreement" means a written agreement between a licensed ambulatory
surgical center and an individual or entity under which the ambulatory surgical center allows
the individual or entity to use its facility, or a portion thereof, on a part-time basis to provide
the services of an ambulatory surgical center. A use agreement entered into pursuant to this
Part shall comply with all applicable federal laws and regulations.

*Added by Acts 1976, No. 596, §1. Amended by Acts 1977, No. 680, §68; Acts 2001, No. 754, §1, eff. June 25, 2001; Acts 2010, No. 491, §1.*

##### **§ 40:2133.1** Use agreement {#sec-40-2133.1 omnilex-key=us-la-statutes--rs-title-40--40:2133.1}

A licensed ambulatory surgical center is hereby authorized to enter into a use agreement as defined in this Part. The licensed ambulatory surgical center shall remain responsible, including during the period of use of an ambulatory surgical center under a use agreement, for compliance with all rules, regulations, and minimum licensing standards for ambulatory surgical centers.

*Acts 2010, No. 491, §1.*

##### **§ 40:2134** Applicability {#sec-40-2134 omnilex-key=us-la-statutes--rs-title-40--40:2134}

The provisions of this Part shall apply only to ambulatory surgical centers and shall not apply to hospitals, as defined by R.S. 40:2102, or nursing homes, as defined in R.S. 40:2009.2.

*Added by Acts 1976, No. 596, §1; Acts 1999, No. 696, §1, eff. July 1, 1999.*

##### **§ 40:2135** Provisional licenses {#sec-40-2135 omnilex-key=us-la-statutes--rs-title-40--40:2135}

A provisional license may be issued to an ambulatory surgical center for a period of six months in cases where sufficient compliance with regulations, rules, and minimum standards require an extension of time. The failure to comply must not be detrimental to the health and safety of the public.

*Added by Acts 1976, No. 596, §1.*

##### **§ 40:2136** Rules; regulations; minimum standards {#sec-40-2136 omnilex-key=us-la-statutes--rs-title-40--40:2136}

A. The licensing agency shall establish rules, regulations, and minimum standards
for the licensing of ambulatory surgical centers, such rules, regulations, and minimum
standards becoming effective upon approval of the secretary of the Louisiana Department of
Health.

B. Notwithstanding the provisions of R.S. 49:962, or any other law, rule, or
regulation, the licensing agency shall establish rules, regulations, and minimum standards
for the licensing of ambulatory surgical centers as defined in R.S. 40:2133 by adopting
emergency rules in accordance with the Administrative Procedure Act.

C. The licensing agency shall establish rules, regulations, and minimum standards
for a use agreement entered into pursuant to this Part by promulgating rules in accordance
with the Administrative Procedure Act.

*Added by Acts 1976, No. 596, §1. Amended by Acts 1977, No. 680, §69; Acts 2001, No. 754, §1, eff. June 25, 2001; Acts 2010, No. 491, §1; Acts 2021, No. 211, §10.*

##### **§ 40:2137** Procedure and investigation relative to issuance of license {#sec-40-2137 omnilex-key=us-la-statutes--rs-title-40--40:2137}

A. Following receipt of an application for license, the licensing agency shall issue a license if the applicant and hospital facility meet the requirements established under this Part and the minimum standards adopted in pursuance thereof.

B. Any officer or duly authorized agent of the licensing agency or the fire marshal may enter and inspect any building or premises at any reasonable time to secure compliance with or to prevent the violation of any provision of this Part.

C. The licensing agency may, either before or after the issuance of a license, request the cooperation of the fire marshal to make investigations to determine if the applicant or licensee is complying with the minimum standards promulgated by the licensing agency. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards. It shall be the duty of the fire marshal to cooperate with the licensing agency in the enforcement of this Part and the minimum standards adopted in pursuance thereof when called upon by the licensing agency.

*Added by Acts 1976, No. 596, §1. Amended by Acts 1977, No. 680, §70.*

##### **§ 40:2138** Confidential nature of financial information and financial records {#sec-40-2138 omnilex-key=us-la-statutes--rs-title-40--40:2138}

Notwithstanding the provisions of the Public Records Act, financial information and financial records received by the licensing agency under the provisions of this Part shall be held confidential and shall not be disclosed except when subpoenaed in a proceeding for the revocation, suspension, or denial of a license.

*Added by Acts 1982, No. 872, §1, eff. Jan. 1, 1984; Acts 1999, No. 1289, §1.*

##### **§ 40:2139** Fees and limitations {#sec-40-2139 omnilex-key=us-la-statutes--rs-title-40--40:2139}

A. The application by any person for a license or renewal of a license to operate an ambulatory surgical center shall be accompanied by a fee of five hundred dollars which is hereby levied as the license fee for operation of an ambulatory surgical center for a period of one year; provided ambulatory surgical centers subject to the licensing requirements of this Part which are owned and operated by the state of Louisiana shall be exempt from payment of the fees stipulated in this Section. The fees herein levied and collected shall be paid into the general fund.

B. Each license issued hereunder shall be for a period of one year from date of issuance unless sooner revoked, shall be on a form prescribed by the licensing agency, shall not be transferable or assignable, shall be issued only for the person and premises named in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application and payment of the license fee as in the case of procurement of an original license.

*Added by Acts 1976, No. 596, §1; Acts 1986, No. 497, §1, eff. July 2, 1986.*

##### **§ 40:2140** Application {#sec-40-2140 omnilex-key=us-la-statutes--rs-title-40--40:2140}

An application for a license shall be made to the licensing agency on forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed hereunder and information required for health planning pursuant to R.S. 36:256(B). Additional information required by the licensing agency or for health planning shall be supplied on supplemental forms as needed.

*Added by Acts 1976, No. 596, §1; Acts 1985, No. 342, §2, eff. July 9, 1985.*

##### **§ 40:2141** Denial, suspension or revocation of license; appeal {#sec-40-2141 omnilex-key=us-la-statutes--rs-title-40--40:2141}

The procedure of denial, suspension, or revocation of licenses, and appeals therefrom, will be the same as provided for in the licensing of hospitals, as contained in Louisiana R.S. 40:2110.

*Added by Acts 1976, No. 596, §1.*

##### **§ 40:2142** Geriatric hospitals and units {#sec-40-2142 omnilex-key=us-la-statutes--rs-title-40--40:2142}

A. The department may establish and administer geriatric hospitals or units to
receive and care for persons who are elderly or infirm who have been discharged by a
hospital for persons with mental illness and for other persons who are elderly or infirm who
are in need of nursing and medical care. Such hospitals or units may be established on sites
designated by the department in quarters constructed or designated by the department,
provided that no such geriatric hospital or unit may be established on any site located more
than five air miles from the administrative office of Eastern Louisiana Mental Health System
or more than one air mile from the administrative office of Central Louisiana State Hospital.

B. Nothing in this Section shall prohibit the department from establishing a geriatric
hospital located in the present Ward 14 of Orleans Parish.

C. Persons admitted to such geriatric hospitals or units or their responsible relatives
shall pay the cost of their maintenance and care.

D. The Villa Feliciana Medical Complex located at Jackson, Louisiana, shall be
administered by the department.

*Acts 1977, No. 680, §71. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1979, No. 763, §2; Acts 1987, No. 617, §2; Acts 1997, No. 641, §3; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2017, No. 369, §4.*

##### **§ 40:2143** Repealed by Acts 1979, No. 76, §3 {#sec-40-2143 omnilex-key=us-la-statutes--rs-title-40--40:2143}

*Repealed by Acts 1979, No. 76, §3*

##### **§ 40:2144** Hospital Records and Retention Act {#sec-40-2144 omnilex-key=us-la-statutes--rs-title-40--40:2144}

A. As used in this Section:

(1) " Healthcare provider" means a hospital, as defined in this Subsection, and means
a person, corporation, facility, or institution licensed by the state to provide health care or
professional services as a physician, hospital, ambulatory surgical center, dentist, registered
or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical
therapist, or psychologist, or an officer, employee, or agent thereof acting in the course and
scope of his employment.

(2) "Hospital" means any hospital as defined in R.S. 40:2102 and ambulatory
surgical center as defined in R.S. 40:2133.

(3) "Hospital record" or "hospital chart" means a compilation of the reports of the
various clinical departments within a hospital, as well as reports from healthcare providers,
as are customarily catalogued and maintained by the hospital medical records department.
Hospital records include reports of procedures such as X-rays and electrocardiograms, but
they do not include the image or graphic matter produced by such procedures.

(4)"Patient" means a natural person who receives health care from a licensed
healthcare provider.

(5) "Representative" means the parent of a minor patient, tutor, curator, trustee,
attorney, succession representative, or other legal agent of the patient.

B. Hospital records are subject to reasonable access to the information contained
therein by the patient or his authorized representative as hereinafter provided.

C. The patient or his authorized representatives may request and obtain copies of his
hospital records in the manner set forth in Subsection D of this Section.

D. Upon request in writing signed and dated by the person initiating the request, the
hospital shall, except for good cause shown, such as medical contraindication, furnish the
records as soon as practicable and upon payment of the reasonable cost of so providing. Any
hospital, its employees, officers, or agents acting in good faith, shall be justified in relying
on the reasonable representations of any person making a request. Such hospital, employees,
officers, or agents, except for their own negligence, shall not be held liable in damages by
reason of their compliance with such request or their inability to fulfill the request.

E.(1) A hospital record or hospital chart may be kept in any written, photographic,
microfilm, or other similar method or may be kept by any magnetic, electronic, optical, or
similar form of data compilation which is approved for such use in a rule promulgated by the
Louisiana Department of Health. No magnetic, electronic, optical, or similar method shall
be approved unless it provides reasonable safeguards against erasure or alteration.

(2) A hospital may, at its discretion, cause any hospital record or part thereof to be
microfilmed, or otherwise reproduced, in order to accomplish efficient storage and
preservation of hospital records.

F.(1) Hospital records shall be retained by hospitals in their original, microfilmed,
or similarly reproduced form for a minimum period of ten years from the date a patient is
discharged.

(2) Graphic matter, images, X-ray films and like matter that were necessary to
produce a diagnostic or therapeutic report shall be retained, preserved, and properly stored
by hospitals in their original, microfilmed, or similarly reproduced form for a minimum
period of three years from the date a patient is discharged. Such graphic matter, images, X-ray film, and like matter shall be retained for longer periods when requested in writing by any
one of the following persons:

(a) An attending or consultant physician of the patient.

(b) The patient or someone acting legally in his behalf.

(c) Legal counsel for a party having an interest affected by the patient's medical
records.

G. A certified copy of the hospital record or graphic matter, images, X-ray film, and
like matter shall be deemed to be an original for all purposes, and shall be admissible in
evidence in all courts or administrative agencies as if it were the original.

H.(1) Subject to such guidelines and limitations as may be promulgated by the
Louisiana Department of Health, electronic signatures by licensed healthcare providers on
medical records are hereby authorized.

(2) The Louisiana Department of Health may promulgate rules to regulate the use
of electronic signatures. Such rules may contain any of the following:

(a) Limitation on which documents may be signed electronically, but any such
limitation shall not prohibit the use of such signatures on discharge summaries and
attestations.

(b) Security requirements, which may include the following:

(i) The use of alphanumeric or similar codes, fingerprints, or other identifying
methods.

(ii) Prohibition against disclosure of codes or other identifiers to other persons.

(iii) Healthcare provider responsibility for unauthorized signatures.

(3) The Louisiana Department of Health may promulgate rules to regulate the use
of orders for the care and treatment of a patient of a hospital which are given to the hospital
verbally or transmitted to the hospital electronically, whether by telephone, facsimile
transmission, or otherwise. Such rules may include when and under what circumstances the
ordering healthcare provider must sign or countersign the verbal or electronically transmitted
order. Any such promulgated rules and regulations shall grant a healthcare provider up to
ten days following the date an order is transmitted verbally or electronically to provide the
signature or countersignature for such order.

(4) No rule promulgated by the Louisiana Department of Health pursuant to this
Subsection shall contradict or be in conflict with the rules or guidelines on the subject
promulgated by the Health Care Financing Administration of the United States or of the
standards published by the Joint Commission on Accreditation of Healthcare Organizations.

*Added by Acts 1982, No. 660, §1; Acts 1992, No. 781, §1; Acts 1992, No. 1109, §1; Acts 1997, No. 629, §1; Acts 2001, No. 306, §1; Acts 2018, No. 206, §4.*

##### **§ 40:2145** Electronic signatures {#sec-40-2145 omnilex-key=us-la-statutes--rs-title-40--40:2145}

A. Electronic signatures of health care providers may be permitted on
hospital records.

B. The Louisiana Department of Health shall develop guidelines to
regulate the use of electronic signatures which may include limitations on
which documents may be signed electronically, but any such limitation shall
not prohibit the use of electronic signatures on discharge summaries and
attestations.

C. The department shall promulgate rules and regulations to implement
the provisions of this Section in accordance with the Administrative Procedure
Act, all applicable rules and guidelines established by the Health Care
Financing Authority, and all standards established by the Joint Commission on
Accreditation of Healthcare Organizations.

*Acts 1992, No. 1109, §1; Acts 2001, No. 1032, §14.*

#### **PART IV-A** LICENSING OF BEHAVIORAL HEALTH SERVICES PROVIDERS

##### **§ 40:2151** Short title {#sec-40-2151 omnilex-key=us-la-statutes--rs-title-40--40:2151}

This Part may be cited as the "Behavioral Health Services Provider Licensing Law".

*Acts 2013, No. 308, §1, eff. June 17, 2013.*

##### **§ 40:2152** Purpose {#sec-40-2152 omnilex-key=us-la-statutes--rs-title-40--40:2152}

The purpose of this Part is to authorize the Louisiana Department of Health to
promulgate and publish rules and regulations to provide for integrated behavioral health
services under one license, to provide for the health, safety, and welfare of persons receiving
behavioral health services, and to provide for the safe operation and maintenance of
providers and facilities providing such care.

*Acts 2013, No. 308, §1, eff. June 17, 2013.*

##### **§ 40:2153** Definitions {#sec-40-2153 omnilex-key=us-la-statutes--rs-title-40--40:2153}

For the purposes of this Part, and subject to the provisions of R.S. 40:2154, unless
the context otherwise clearly indicates, the following terms shall have the following
meanings:

(1) "Behavioral health services" means mental health services, substance
abuse/addiction treatment services, or a combination of such services, for adults and children.
Behavioral health services may be provided, subject to rules and regulations of the Louisiana
Department of Health, in a residential setting, in a clinic setting on an outpatient basis, in a
home or community setting, or through telehealth.

(2) "Behavioral health services provider" means a facility, agency, institution,
person, society, corporation, partnership, unincorporated association, group, or other legal
entity that provides behavioral health services and that presents itself to the public as a
provider of behavioral health services.

(3) "Client" means any person who has been accepted for treatment or services,
including rehabilitation services, furnished by a provider licensed pursuant to this Part.

(4) "Department" means the Louisiana Department of Health or any office or agency
thereof designated by the secretary to administer the provisions of this Part.

(5) "FDA" means the Food and Drug Administration of the United States
Department of Health and Human Services.

(6) "Financial viability" means the provider or facility seeking licensure is able to
provide verification and continuous maintenance of all of the following:

(a) A line of credit issued from a federally insured, licensed lending institution in the
amount of at least fifty thousand dollars.

(b) General and professional liability insurance of at least five hundred thousand
dollars.

(c) Workers' compensation insurance.

(7) "License" means a license issued by the department to a behavioral health
services provider.

(8) "Licensed Mental Health Professional (LMHP)" means an individual who is
currently licensed and in good standing in the state of Louisiana to practice within the scope
of all applicable state laws, practice acts, and the individual's professional license, as one of
the following:

(a) Medical psychologist.

(b) Licensed psychologist.

(c) Licensed clinical social worker (LCSW).

(d) Licensed professional counselor (LPC).

(e) Licensed marriage and family therapist (LMFT).

(f) Licensed addiction counselor (LAC).

(g) Licensed Advanced Practice Registered Nurse (APRN).

(h) Licensed rehabilitation counselor (LRC).

(9) "Mental health service" means a service related to the screening, diagnosis,
management, or treatment of a mental disorder, mental illness, or other psychological or
psychiatric condition or problem.

(10) "Outpatient services" means behavioral health services offered in an accessible
nonresidential setting to clients whose physical and emotional status allows them to function
in their usual environment.

(11) "Physician" means an individual who is currently licensed and in good standing
in the state of Louisiana to practice medicine in Louisiana and who is acting within the scope
of all applicable state laws and the individual's professional license.

(12) "Physician assistant" means an individual who is currently approved and
licensed by and in good standing with the Louisiana State Board of Medical Examiners to
perform medical services under the supervision of a physician or group of physicians who
are licensed by and registered with the Louisiana State Board of Medical Examiners to
supervise a physician assistant, and who is acting within the scope of all applicable state laws
and the individual's professional license.

(13) "Secretary" means the secretary of the Louisiana Department of Health or his
designee.

(14) "Standards" means policies, procedures, rules, and other guidelines or standards
of current practice contained in this Part, in addition to those rules and standards
promulgated by the department for the licensing and operation of behavioral health service
providers.

(15) "Substance abuse/addiction treatment service" means a service related to the
screening, diagnosis, management, or treatment for the abuse of or addiction to controlled
dangerous substances, drugs or inhalants, alcohol, problem gambling, or a combination
thereof.

(16) "Telehealth" has the meaning ascribed in R.S. 40:1223.3.

*Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2019, No. 425, §1, eff. Jan. 1, 2020; Acts 2020, No. 191, §2.*

##### **§ 40:2154** Applicability {#sec-40-2154 omnilex-key=us-la-statutes--rs-title-40--40:2154}

A. The provisions of this Part shall not apply to the licensing of any of the following
facilities or persons and shall not be construed as requiring any of the following facilities or
persons to seek licensure as a behavioral health services provider:

(1) Hospitals licensed under R.S. 40:2100 et seq.

(2) Crisis receiving centers licensed under R.S. 40:2180.11 et seq.

(3) Nursing homes licensed under R.S. 40:2009.3 et seq.

(4) Psychiatric residential treatment facilities or therapeutic group homes licensed
under R.S. 40:2009.

(5) Facilities or services operated by the federal government.

(6) Federally qualified health centers certified by the federal government.

(7) Community mental health centers certified by the federal government.

(8) Home- and community-based service providers licensed under R.S. 40:2120.1
et seq.

(9) An individual Licensed Mental Health Professional (LMHP), whether
incorporated or unincorporated, or a group practice of LMHPs, providing services under the
auspices of and pursuant to the scope of the individual's license or group's licenses.

(10) An individual licensed physician, or a group of licensed physicians, providing
services under the auspices of and pursuant to the scope of the individual's license or group's
licenses.

(11) An individual licensed physician assistant, or a group practice of licensed
physician assistants, providing services under the auspices of and pursuant to the scope of
the individual's license or group's licenses.

(12)(a) School-based health clinics and centers that are certified by the Louisiana
Department of Health, office of public health, and enrolled in the Louisiana Medicaid
program.

(b) Local public school governing authorities, if such exemption is applicable to only
school-based behavioral health services provided through the Medicaid Early and Periodic
Screening, Diagnostic, and Treatment program.

(13) A healthcare provider or entity solely providing case management or peer
support services, or a combination thereof.

(14) Repealed by Acts 2017, No. 33, §2, eff. June 3, 2017.

(15) An individual licensed advanced practice registered nurse, or a group practice
of licensed advanced practice registered nurses, providing services under the auspices of and
pursuant to the scope of the individual's license or group's licenses.

(16) Rural health clinics licensed under R.S. 40:2197.

(17) Facilities or services operated by the Department of Public Safety and
Corrections, corrections services.

(18) Facilities or services operated for the sole purpose of providing substance abuse
or mental health services to courts that are recognized and certified by the Louisiana
Supreme Court as specialty courts.

NOTE: The implementation of Paragraph (A)(19), as enacted by Acts 2017, No. 417,
§1, shall only become effective in the event a specific appropriation by the legislature is
made for such purposes and the program receives approval by the Centers for Medicare and
Medicaid Services. See Acts 2017, No. 417, §2.

(19) Community-based care facilities licensed pursuant to R.S. 40:2162.1 et seq.

B. Nothing in this Part shall be construed to authorize any person to provide
behavioral health services unless the person is licensed, certified, registered or credentialed
as provided in state law, and the services rendered are in accordance with all applicable laws,
rules, professional training and ethical standards.

*Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2015, No. 23, §1, eff. May 29, 2015; Acts 2016, No. 344, §1, eff. June 2, 2016; Acts 2017, No. 33, §2, eff. June 3, 2017; Acts 2017, No. 417, §1; Acts 2018, No. 206, §4; Acts 2019, No. 215, §1.*

##### **§ 40:2154.1** Accredited mental health rehabilitation providers; licensure required {#sec-40-2154.1 omnilex-key=us-la-statutes--rs-title-40--40:2154.1}

A. Any healthcare provider that meets all of the following criteria is hereby required
to obtain a license in accordance with the provisions of this Part prior to April 1, 2018, in
order to provide behavioral health services:

(1) Was an accredited mental health rehabilitation provider enrolled in the Louisiana
Medicaid program as of February 28, 2012.

(2) Was enrolled with the statewide management organization for the Louisiana
Behavioral Health Partnership as of March 1, 2012.

(3) Maintains continuous, uninterrupted accreditation through an approved
accreditation organization.

(4) Maintains continuous, uninterrupted enrollment with the statewide management
organization for the Louisiana Behavioral Health Partnership.

B. Each healthcare provider required by the provisions of this Section to obtain a
license shall submit a completed application to the department for such license on or before
December 1, 2017.

*Acts 2017, No. 33, §1, eff. June 3, 2017.*

##### **§ 40:2155** Licensure of behavioral health services providers {#sec-40-2155 omnilex-key=us-la-statutes--rs-title-40--40:2155}

A. All behavioral health services providers shall be licensed. No facility, agency,
institution, person, society, corporation, partnership, unincorporated association, group, or
other legal entity providing behavioral health services may be established, operated, or
reimbursed under the Medicaid program unless licensed as a behavioral health services
provider to perform such care by the department.

B.(1) A license issued to a behavioral health services provider shall be valid for only
one geographic location and shall be issued only for the person and premises named in the
license application.

(2) The geographic service location for a public or private behavioral health services
provider licensed pursuant to this Part shall be defined to include all of the following:

(a) The parish in which the provider's business office is located.

(b) Any parish contiguous to the parish in which the provider's business office is
located.

(c) Any location within a fifty-mile radius of the provider's business office.

(3) A behavioral health service provider may operate within a fifty-mile radius of one
designated offsite location.

(4) A licensed mental health professional or a provisionally licensed mental health
professional acting within his scope of practice, who is employed by a behavioral health
service provider licensed pursuant to this Part, may provide professional outpatient
psychiatric services to any established client or patient, regardless of the client's or patient's
particular location within the state.

C. A license pursuant to this Part shall be valid for twelve months, beginning the
month of issuance, unless revoked or otherwise suspended prior to that date.

D. A license issued pursuant to this Part shall be on a form prescribed by the
department.

E. A license pursuant to this Part shall not be transferrable or assignable.

F. A license issued to a behavioral health services provider shall be posted in a
conspicuous place on the licensed premises.

G. A license issued to a behavioral health services provider shall list the types or
modules of behavioral health services that the provider is licensed to provide.

*Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2021, No. 372, §2; Acts 2022, No. 344, §1; Acts 2022, No. 390, §1.*

##### **§ 40:2156** Rules and regulations; licensing standards; fees {#sec-40-2156 omnilex-key=us-la-statutes--rs-title-40--40:2156}

A. The department shall promulgate and publish rules, regulations, and licensing
standards, in accordance with the Administrative Procedure Act, to provide for the licensure
of behavioral health services providers, to provide for the health, safety, and welfare of
persons receiving care and services from providers, and to provide for the safe operation and
maintenance of providers. The rules, regulations, and licensing standards shall become
effective upon approval of the secretary of the department in accordance with the
Administrative Procedure Act. The rules, regulations, and licensing standards shall have the
effect of law.

B. The department shall prescribe, promulgate, and publish rules, regulations, and
licensing standards for behavioral health services providers. The rules, regulations, and
licensing standards shall include but are not limited to the following:

(1) Licensure application and renewal application forms, procedures, and
requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, and comfort of persons
receiving care and services, including pregnant women as provided for in R.S. 40:2159.2.

(5) Confidentiality of clients' records.

(6) Treatment priorities, residential and outpatient criteria, and residential treatment
program requirements including, without limitation, those provided in R.S. 40:2159.1.

(7) Criteria and protocols to assure uniform and quality assessment, diagnosis,
evaluation, and referral to appropriate level of care.

(8) Survey and complaint investigations, including investigations into allegations that
a provider is operating without a license.

(9) Initial and annual renewal of license, including the requirement of providing
verification and continuous maintenance of financial viability for all behavioral health
services providers other than those owned by governmental entities.

(10) Provisional licenses.

(11) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.

(12) Planning, construction, and design of the facility or provider to ensure the
health, safety, welfare, and comfort of persons receiving care and services.

(13) Modules of behavioral health services providers with varying levels or types of
services. The modules for behavioral health services providers shall include at a minimum:

(a) Mental Health Services Module.

(b) Substance Abuse/Addiction Treatment Module.

(14) Requirements for offsite or branch locations.

(15) Other regulations or standards as will ensure proper care and treatment of
persons receiving care and services, including provisions relative to civil monetary penalties,
as may be deemed necessary for an effective administration of this Part.

(16) Delivery of behavioral health services through telehealth.

C. The department shall have the authority to monitor, survey, and regulate mental
health clinics and substance abuse/addiction treatment facilities under the existing licensing
regulations for the programs until the department publishes minimum licensing standards for
behavioral health services providers and the time for all existing licensed mental health
clinics and substance abuse/addiction treatment facilities to apply for the behavioral health
services provider license has expired.

*Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2019, No. 425, §1, eff. Jan. 1, 2020; Acts 2020, No. 191, §2; Acts 2022, No. 309, §1, eff. Jan. 1, 2023.*

##### **§ 40:2157** License issuance; application; onsite inspection {#sec-40-2157 omnilex-key=us-la-statutes--rs-title-40--40:2157}

A. Each application for licensure of a behavioral health services provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.

B. Each application for licensure and each license renewal application shall be accompanied by a nonrefundable license fee in the amount required pursuant to R.S. 40:2006.

C. Following receipt of the completed initial licensing application and licensing fee, the department shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the department finds that the provider meets the requirements established under this Part and under the licensing standards adopted pursuant to this Part, a license shall be issued.

D. As a condition for renewal of license, the licensee shall submit to the department a completed annual renewal application on the forms prescribed by the department, which shall contain all information required by the department. Additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the facility continues to meet the requirements established under this Part and under the licensing standards adopted pursuant to this Part. The department may perform an onsite survey and inspection upon annual renewal. If the provider continues to meet the requirements established under this Part and under the licensing standards adopted pursuant to this Part, a license shall be issued which shall be valid for up to one year, unless otherwise revoked or suspended.

E. The department may perform an onsite inspection at reasonable times as necessary to ensure compliance with this Part.

*Acts 2013, No. 308, §1, eff. June 17, 2013.*

##### **§ 40:2158** Operation without license; penalty {#sec-40-2158 omnilex-key=us-la-statutes--rs-title-40--40:2158}

A. A behavioral health services provider shall not operate without a license issued by the department. Any provider or facility operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If a behavioral health services provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the department.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

*Acts 2013, No. 308, §1, eff. June 17, 2013.*

##### **§ 40:2159** Opioid treatment programs {#sec-40-2159 omnilex-key=us-la-statutes--rs-title-40--40:2159}

The department shall not license any opioid treatment programs under the behavioral health services provider license unless the department, in its discretion, determines that there is a need for another opioid treatment program in a certain geographic location. The department has promulgated and adopted rules and regulations in accordance with the Administrative Procedure Act to provide for the criteria and processes for determining whether such a need exists and the procedures for selecting an opioid treatment program to be licensed once a need has been determined.

*Acts 2013, No. 308, §1, eff. June 17, 2013.*

##### **§ 40:2159.1** Residential substance use disorder facilities {#sec-40-2159.1 omnilex-key=us-la-statutes--rs-title-40--40:2159.1}

A.(1) Each residential substance use disorder facility licensed pursuant to this Part
as a behavioral health services provider that provides treatment for opioid use disorder shall
provide all of the following:

(a) Onsite access to at least one form of FDA-approved opioid antagonist treatment.

(b) Onsite access to at least one form of FDA-approved partial opioid agonist
treatment.

(2) For purposes of this Section, "onsite access" shall mean delivery of the treatment
to the patient at the location of the residential substance use disorder facility. "Onsite access"
shall not mean that the residential substance use disorder facility is required to maintain stock
of the medication-assisted treatment at the facility.

(3) A residential substance use disorder facility shall not be found to be in violation
of this Section if prior authorization from a patient's health insurer, including a Medicaid
program, is required and the preapproval request is denied by the patient's health insurer.

B. Each residential substance use disorder facility licensed pursuant to this Part as
a behavioral health services provider which provides treatment for opioid use disorder shall
submit to the department on its initial licensing application or its annual licensing renewal
application an attestation as to whether it is complying with the requirements of Subsection
A of this Section. The requirement for submission of the attestation shall commence on
January 1, 2021. If the licensed facility is not fully complying with the requirements of
Subsection A of this Section, then the attestation that the facility submits shall include a
report addressing its progress toward satisfying those requirements.

*Acts 2019, No. 425, §1, eff. Jan. 1, 2020.*

##### **§ 40:2159.2** Substance use disorder facilities treating pregnant women {#sec-40-2159.2 omnilex-key=us-la-statutes--rs-title-40--40:2159.2}

A.(1) Each substance use disorder facility licensed pursuant to this Part as a
behavioral health services provider that provides treatment for opioid use disorder to
pregnant women shall provide onsite access to at least one form of FDA-approved opioid
agonist treatment.

(2) For purposes of this Section, "onsite access" shall mean delivery of the treatment
to the patient at the location of the substance use disorder facility. "Onsite access" shall not
mean that the substance use disorder facility is required to maintain stock of the
medication-assisted treatment at the facility.

(3) A substance use disorder facility shall not be found to be in violation of this
Section if prior authorization from a patient's health insurer, including the Medicaid program,
is required and the preapproval request is denied by the patient's health insurer.

B. Each substance use disorder facility licensed pursuant to this Part as a behavioral
health services provider which provides treatment for opioid use disorder to pregnant women
shall submit to the department on its initial licensing application or its annual licensing
renewal application an attestation as to whether it is complying with the requirements of
Subsection A of this Section. The requirement for submission of the attestation shall
commence on January 1, 2023. If the licensed facility is not fully complying with the
requirements of Subsection A of this Section, then the attestation that the facility submits
shall include a report addressing its progress toward satisfying those requirements.

*Acts 2022, No. 309, §1, eff. Jan. 1, 2023.*

##### **§ 40:2160** Right of inspection by department; records; reports {#sec-40-2160 omnilex-key=us-la-statutes--rs-title-40--40:2160}

A. Every behavioral health services provider that has applied for a license or that is licensed pursuant to this Part shall be open at all reasonable times for inspection by the department, the state fire marshal, municipal boards of health, and any other authorized governmental entity.

B. Every licensee shall keep all records and make all reports as the department shall prescribe, and all records shall be open to inspection by the department or other authorized governmental entity.

*Acts 2013, No. 308, §1, eff. June 17, 2013.*

##### **§ 40:2161** Drug free zone; notice; signs {#sec-40-2161 omnilex-key=us-la-statutes--rs-title-40--40:2161}

A. A drug free zone is an area inclusive of any property used as a behavioral health
services provider that has a substance abuse/addiction treatment module, or within two
thousand feet of such property.

B. The local governing authority which has jurisdiction over zoning matters in which
each drug free zone is located shall publish a map clearly indicating the boundaries of each
drug free zone in accordance with the specifications in Subsection A of this Section. The
drug free zone map shall be made on an official public document and placed with the clerk
of court for the parish or parishes in which the drug free zone is located.

C.(1) The secretary of the Louisiana Department of Health shall develop a method
by which to mark drug free zones, including the use of signs or other markings suitable to
the situation. Signs or other markings shall be located in a visible manner on or near each
behavioral health services provider that has a substance abuse/addiction treatment module,
indicating that the area is a drug free zone, that the zone extends for a distance of two
thousand feet, and that a felony violation of the Uniform Controlled Dangerous Substances
Law will subject the offender to severe penalties under law. The posting required in this
Subsection is the responsibility and at the expense of the licensed provider.

(2) The Department of Public Safety and Corrections shall coordinate and provide
rules for the establishment of toll free telephone numbers for use in submitting anonymous
information regarding drug activity to local law enforcement agencies. The telephone
numbers shall be displayed on the drug free zone signs that shall be manufactured in
correctional institutions subject to the office of corrections in the Department of Public
Safety and Corrections.

D.(1) It shall be unlawful for any person to cover, remove, deface, alter, or destroy
any sign or other marking identifying a drug free zone as provided in this Section.

(2) Any violation of this Subsection shall be punishable by a fine of not more than
one thousand dollars or by a jail sentence of not more than six months, or both.

*Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2014, No. 791, §14.*

##### **§ 40:2162** Specialized behavioral health rehabilitation services in the Louisiana medical assistance program {#sec-40-2162 omnilex-key=us-la-statutes--rs-title-40--40:2162}

A. For purposes of this Section, the following definitions shall apply:

(1) "Behavioral health services provider" means a health care provider as defined in
R.S. 40:2153.

(2) "CMS" means the Centers for Medicare and Medicaid Services.

(3) "Community psychiatric support and treatment services", hereinafter referred to
as "CPST" services, means CMS-approved Medicaid mental health rehabilitation services
designed to reduce disability from mental illness, restore functional skills of daily living,
build natural supports, and achieve identified person-centered goals or objectives through
counseling, clinical psycho-education, and ongoing monitoring needs as set forth in an
individualized treatment plan.

(4) "Department" means the Louisiana Department of Health.

(5) "Louisiana medical assistance program" means the Louisiana Medicaid program.

(6) "Preliminary accreditation" means accreditation granted by an accrediting body
to an unaccredited program seeking full accreditation status.

(7) "Psychosocial rehabilitation services", hereinafter referred to as "PSR" services,
means CMS-approved Medicaid mental health rehabilitation services designed to assist the
individual with compensating for or eliminating functional deficits and interpersonal or
environmental barriers associated with mental illness through skill building and supportive
interventions to restore and rehabilitate social and interpersonal skills and daily living skills.

B. Medicaid reimbursement to behavioral health services providers that provide PSR
and CPST services in the Medicaid specialized behavioral health rehabilitation services
program shall comply with the requirements of this Section, subject to any required CMS
approval.

C. In order to be eligible to receive Medicaid reimbursement, all behavioral health
services providers providing PSR or CPST services to Medicaid recipients shall meet all of
the following requirements:

(1) Be licensed as a behavioral health services provider agency.

(2) Be accredited by a department-approved accrediting organization and meet the
following conditions:

(a) The behavioral health services provider shall show proof of full accreditation or
obtain preliminary accreditation prior to being contracted with a Medicaid managed care
organization.

(b) The behavioral health services provider shall maintain proof of full accreditation
or proof of preliminary accreditation.

(c) Repealed by Acts 2022, No. 503, §2, eff. Jan. 1, 2023.

(d) The behavioral health services provider shall maintain continuous full or
preliminary accreditation.

(e) The cost of attaining and maintaining accreditation is the responsibility of the
behavioral health services provider.

(f) The behavioral health services provider shall report any loss of accreditation,
suspension of accreditation, reduction to a preliminary accreditation status, or any other
action that could result in the loss of accreditation, to each managed care organization with
which it is contracted, within twenty-four hours of receipt of notification from the
accreditation body.

(3) Have a National Provider Identification number, hereinafter referred to as "NPI".
The behavioral health services provider agency shall include its NPI number and the NPI
number of the individual rendering the PSR or CPST services on its behalf on all claims for
Medicaid reimbursement submitted for PSR or CPST services.

(4) Implement a member choice form to be signed by each recipient, or the legal
guardian or representative of the recipient, receiving PSR or CPST in order to prevent or
reduce duplication of services.

(5) Be credentialed and in the provider network of the managed care organization
that the provider intends to submit claims for Medicaid services, unless the managed care
organization has a single case agreement with a licensed and accredited provider agency not
in its network.

(6) Meet any other requirements promulgated through rulemaking by the department
to ensure the quality and effectiveness of services.

D. In order to be eligible to receive Medicaid reimbursement, all behavioral health
services providers shall ensure that any individual rendering PSR or CPST services for the
licensed and accredited provider agency meets all of the following requirements:

(1) The individual rendering the PSR or CPST services for the licensed and
accredited provider agency shall have an individual NPI number and that NPI number shall
be included on any claim by that provider agency for reimbursement related to such services.

(2)(a) Any individual rendering PSR services for a licensed and accredited provider
agency shall hold a minimum of one of the following:

(i) A bachelor's degree from an accredited university or college in the field of
counseling, social work, psychology, sociology, rehabilitation services, special education,
early childhood education, secondary education, family and consumer sciences, criminal
justice, or human growth and development.

(ii) Any bachelor's degree from an accredited university or college with a minor in
counseling, social work, sociology, or psychology.

(b) Any individual rendering PSR services who does not possess the minimum
educational requirements provided for in this Paragraph, but who met all provider
qualifications in effect prior to July 1, 2018, may continue to provide PSR services for any
licensed and accredited provider agency.

(c) Any individual rendering the assessment and treatment planning components of
CPST services for a licensed and accredited provider agency shall be a fully licensed mental
health professional.

(d) Any individual rendering any of the other components of CPST services for a
licensed and accredited provider agency shall be a fully licensed mental health professional,
a provisionally licensed professional counselor, a provisionally licensed marriage and family
therapist, a licensed master social worker, a certified social worker, a psychology intern from
an American Psychological Association approved internship program, or an individual issued
a limited scope license pursuant to R.S. 37:2724(B)(2).

(3)(a) The individual rendering PSR or CPST services for the licensed and accredited
provider agency shall meet all other requirements set forth in Medicaid rules, regulations,
provider manuals, and policies.

(b) The department shall commence any actions that are required to amend any
existing department rule or regulation that is in conflict with the requirements of this Section,
including but not limited to any required approval by CMS.

E. The department shall maintain a facility need review program for behavioral
health services providers that provide PSR or CPST services. No facility need review
approval for a license to provide PSR or CPST services shall be granted to any applicant
unless the department determines that the evidence and data submitted by the applicant
establishes the probability of serious, adverse consequences to recipients' ability to access
services if the provider is not allowed to seek licensure.

F.(1) In order to be eligible to receive Medicaid reimbursement, each behavioral
health services provider that provides PSR or CPST services shall employ at least one
full-time physician, or full-time licensed mental health professional as defined in R.S.
40:2153(7)(a), (b), (c), (d), (e), or (g), to serve as a full-time mental health supervisor to
assist in the design and evaluation of treatment plans for PSR and CPST services. For the
purposes of this Section the term "full-time" shall mean employment by the behavioral health
services provider for at least thirty-five hours per week.

(2) Each unlicensed individual rendering PSR or CPST services for the licensed and
accredited behavioral health services provider agency shall be required to receive at least one
hour per calendar month of personal supervision and training by the provider agency's mental
health supervisor.

G. The department shall implement a centralized credentialing verification
organization, hereinafter referred to as "CVO", for the Medicaid specialized behavioral
health rehabilitation services program. The CVO shall be certified as a CVO by the National
Committee for Quality Assurance, hereinafter referred to as "NCQA". The CVO shall
perform agency provider credentialing that meets the following criteria:

(1) NCQA standards.

(2) Verification of agency license.

(3) Verification of agency accreditation.

(4) Any additional requirements imposed by the department for becoming a
Medicaid provider reimbursed under the Medicaid specialized behavioral health
rehabilitation services program.

H.(1) The Medicaid managed care organizations shall take appropriate actions to
recoup Medicaid payments or funds from any behavioral health services provider that renders
Medicaid services in violation of the provision of this Section.

(2) The department may refer noncompliant behavioral health services providers to
the Louisiana Medicaid Fraud Control Unit within the Louisiana attorney general's office for
further fraud investigation.

I. The department may promulgate any rules pursuant to the Administrative
Procedure Act and may publish any Medicaid manuals or Medicaid policy to implement and
enforce the provisions of this Section.

J. The legislative auditor may conduct performance audits of the department to
ensure compliance with the provisions of this Section.

K. The department shall not take any final action that will result in the elimination
or reduction of PSR or CPST services unless the action is affirmatively approved by the
House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

L. The department and the Medicaid managed care organizations shall take
appropriate actions to ensure that recipients of CPST and PSR services are authorized to
receive customized treatment based on the medical necessity of the recipients.

*Acts 2018, No. 582, §1, eff. May 31, 2018; Acts 2021, No. 204, §1, eff. Jan. 1, 2022; Acts 2021, No. 433, §1; Acts 2022, No. 503, §§1, 2, eff. Jan. 1, 2023; Acts 2025, No. 431, §2, eff. June 20, 2025.*

#### **PART V** COMMUNITY-BASED CARE FACILITIES

##### **§ 40:2162.1** Short title {#sec-40-2162.1 omnilex-key=us-la-statutes--rs-title-40--40:2162.1}

This Part may be cited as the "Community-Based Care Facility Licensing Law".

*Acts 2017, No. 417, §1.*

##### **§ 40:2162.2** Findings and purpose {#sec-40-2162.2 omnilex-key=us-la-statutes--rs-title-40--40:2162.2}

A. The legislature hereby finds and declares the following:

(1) It is the policy of this state to ensure delivery of sufficient support services in
order to successfully transition adult patients with a primary diagnosis of mental illness from
inpatient psychiatric facilities to the most appropriate outpatient setting.

(2) Repeated admissions of persons to inpatient psychiatric units is a significant
problem which often results in inadequate care and a failure to stabilize the patient,
especially if the patient is homeless or has unstable living arrangements.

(3) Community-based residential programs are a more cost-effective form of
treatment and a more appropriate treatment option for persons with mental illness than
emergency room visits, unnecessary long-term stays in psychiatric hospitals, and
incarceration.

(4) Licensing of community-based residential programs to operate in state-owned
residential buildings presents an opportunity for adaptive and innovative use of those
buildings and for optimization of state resources.

(5) Persons with a mental illness who are treated in a psychiatric facility and released
without a stable transitional plan of care are at high risk for hospitalization, incarceration,
and psychiatric readmission.

(6) It is a fiscal and public health priority of this state to establish a licensing
component for adult community-based residential facilities which has historically been
missing in the continuum of services for adults with a primary diagnosis of mental illness.

B. The purpose of this Part is to authorize the Louisiana Department of Health to
promulgate and adopt rules, regulations, and standards to license and regulate facilities to be
operated as community-based care facilities in order to provide for the health, safety, and
welfare of persons with mental illness.

*Acts 2017, No. 417, §1.*

##### **§ 40:2162.3** Definitions {#sec-40-2162.3 omnilex-key=us-la-statutes--rs-title-40--40:2162.3}

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) "Applicant" means an entity applying for a community-based care facility license
from the Louisiana Department of Health.

(2) "Client" means any person who has been accepted for treatment or services,
including rehabilitation services, furnished by a facility licensed pursuant to this Part.

(3) "Community-based care facility" means a facility where five or more adults with
a primary diagnosis of mental illness who are not related to the operator or administrator and
who do not require care above intermediate-level nursing care reside and receive care,
treatment, or services that are above the level of room and board and include no more than
three hours of nursing care per week per resident.

(4) "Community-based care services" means services provided in a community-based
care facility licensed pursuant to the provisions of this Part.

(5) "Department" means the Louisiana Department of Health.

(6) "Financial viability" means the ability of the licensee to maintain capital, lines
of credit, insurance, and other financial resources at levels deemed sufficient by the
Louisiana Department of Health for operation of a community-based care facility.

(7) "License" means a license issued by the Louisiana Department of Health to a
community-based care facility.

*Acts 2017, No. 417, §1.*

##### **§ 40:2162.4** Licensure of community-based care facilities {#sec-40-2162.4 omnilex-key=us-la-statutes--rs-title-40--40:2162.4}

A. Each community-based care facility shall be licensed in accordance with the
requirements of this Part and the applicable rules of the department. No facility, agency,
institution, person, society, corporation, partnership, unincorporated association, group, or
other legal entity providing community-based care services may be established, operated, or
reimbursed through the Medicaid program unless licensed as a community-based care facility
by the department.

B. A license issued to a community-based care facility shall be issued only for the
owner and premises named in the license application.

C. A license issued pursuant to this Part shall be on a form prescribed by the
department and shall be valid for a twelve-month period beginning the month of issuance
unless revoked or otherwise suspended prior to that date.

D. A license issued pursuant to this Part shall not be transferable or assignable.

E. Each licensed community-based care facility shall post its license in a conspicuous
place on the licensed premises.

*Acts 2017, No. 417, §1.*

##### **§ 40:2162.5** Rules and regulations; licensing standards {#sec-40-2162.5 omnilex-key=us-la-statutes--rs-title-40--40:2162.5}

A. The department shall adopt rules, regulations, and licensing standards in
accordance with the Administrative Procedure Act to provide for the licensure of
community-based care facilities; to provide for the safe operation and maintenance of those
facilities; and to provide for the health, safety, and welfare of clients.

B. The rules, regulations, and licensing standards required by this Section shall
include, without limitation, all of the following:

(1) Licensure application and renewal application forms, procedures, and
requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, and welfare of clients.

(5) Confidentiality of client records.

(6) Initial and annual renewal of license.

(7) Financial viability requirements and requirements for verification and continuous
maintenance of financial viability.

(8) Denial, revocation, suspension, and nonrenewal of licenses and procedures for
appeals of such decisions.

(9) Facility construction and design.

(10) Other regulations or standards to ensure proper care and treatment of clients.

*Acts 2017, No. 417, §1.*

##### **§ 40:2162.6** License application, issuance, and renewal; fees; inspection {#sec-40-2162.6 omnilex-key=us-la-statutes--rs-title-40--40:2162.6}

A. Each applicant shall submit a license application to the department on forms
prescribed by the department and shall provide with the application such information as the
department may require by rule.

B. Each application for licensure and each license renewal application shall be
accompanied by a nonrefundable license fee in the amount required pursuant to R.S.
40:2006.

C. Following receipt of the completed initial licensing application and license fee,
the department shall perform an onsite survey and inspection. After the onsite survey and
inspection, if the department finds that the applicant meets the requirements established in
this Part and in the licensing standards adopted pursuant to this Part, then the department
shall issue a license to the applicant.

D. As a condition for renewal of its license, the licensee shall submit to the
department a completed annual renewal application on the forms prescribed by the
department, which shall contain all information required by the department along with the
annual license renewal fee pursuant to R.S. 40:2006. Upon receipt of the completed annual
renewal application and the annual license renewal fee, the department shall determine
whether the facility continues to meet the applicable requirements for licensure. The
department may perform an onsite survey and inspection after receiving an annual renewal
application. If the provider continues to meet the applicable requirements for licensure, then
the department shall issue a license which shall be valid for the period specified in R.S.
40:2162.4.

E. The department may perform onsite inspections of community-based care
facilities at reasonable times as necessary to ensure compliance with the requirements of this
Part.

*Acts 2017, No. 417, §1.*

##### **§ 40:2162.7** Facility operation in state-owned residential buildings authorized {#sec-40-2162.7 omnilex-key=us-la-statutes--rs-title-40--40:2162.7}

The department may license community-based care facilities which propose to
operate in one or more state-owned residential buildings. The secretary of the department
shall direct the staff of the health standards section, and of any other division of the
department as he deems appropriate, to cooperate with and give assistance to any applicant
who seeks to operate a community-based care facility in one or more state-owned residential
buildings and is otherwise qualified for licensure pursuant to this Part.

*Acts 2017, No. 417, §1.*

##### **§ 40:2162.8** Program approval {#sec-40-2162.8 omnilex-key=us-la-statutes--rs-title-40--40:2162.8}

Implementation of the program authorized by this Part shall be subject to approval
by the Centers for Medicare and Medicaid Services and approval of the Joint Legislative
Committee on the Budget.

*Acts 2017, No. 417, §1.*

##### **§ 40:2163** Repealed by Acts 2009, No. 381, §3, eff. July 1, 2010. {#sec-40-2163 omnilex-key=us-la-statutes--rs-title-40--40:2163}

*Repealed by Acts 2009, No. 381, §3, eff. July 1, 2010.*

#### **PART V-A** LICENSING OF ADULT RESIDENTIAL CARE PROVIDERS

##### **§ 40:2166.1** Short title {#sec-40-2166.1 omnilex-key=us-la-statutes--rs-title-40--40:2166.1}

This Part may be cited as the "Adult Residential Care Provider Licensing Law".

*Acts 2006, No. 433, §1, eff. June 15, 2006.*

##### **§ 40:2166.2** Purpose {#sec-40-2166.2 omnilex-key=us-la-statutes--rs-title-40--40:2166.2}

The purpose of this Part is to authorize the Louisiana Department of Health to
promulgate and publish rules and regulations to provide for the health, safety, and welfare
of adults receiving residential care and to provide for the safe operation of facilities providing
such care. It is the intent of the legislature to support the rights of individuals to live in a
residential setting which ensures freedom of choice, independence, and an opportunity to
continue to live as integral members of the community, aging with dignity, privacy, and
respect.

*Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.*

##### **§ 40:2166.3** Definitions {#sec-40-2166.3 omnilex-key=us-la-statutes--rs-title-40--40:2166.3}

As used in this Part, the following terms shall have the following meanings:

(1) "Adult residential care home" means a publicly or privately operated residence
that provides personal assistance, lodging, and meals for compensation to two or more adults
who are unrelated to the residence licensee, operator, or administrator.

(2) "Adult residential care provider" means a facility, agency, institution, society,
corporation, partnership, company, entity, residence, person or persons, or any other group
which provides adult residential care for compensation to two or more adults who are
unrelated to the licensee or operator. Adult residential care may include but is not limited
to the following services: lodging, meals, medication administration, intermittent nursing
services, assistance with self administration of medications, assistance with personal hygiene,
assistance with transfers and ambulation, assistance with dressing, housekeeping, and
laundry. There shall be four modules of adult residential care providers as described in R.S.
40:2166.5(B)(11). The department shall promulgate rules and regulations for each module,
governing the scope of services to be provided thereunder.

(3) "Department" means the Louisiana Department of Health.

(4) "Financial viability" means the provider or facility seeking licensure is able to
provide at least one of the following:

(a) Verification of sufficient assets equal to one hundred thousand dollars or the cost
of three months of operation, whichever is less.

(b) A letter of credit equal to one hundred thousand dollars or the cost of three
months of operation, whichever is less.

(5) "License" means a license issued by the department to an adult residential care
provider.

*Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.*

##### **§ 40:2166.4** Licensure of adult residential care providers {#sec-40-2166.4 omnilex-key=us-la-statutes--rs-title-40--40:2166.4}

A. All adult residential care providers, whether facilities, agencies, providers,
institutions, societies, corporations, partnerships, entities, residences, person or persons, or
any other group or groups providing adult residential care, shall be licensed. No facility,
agency, provider, institution, society, corporation, partnership, company, entity, residence,
person or persons, or any other group providing adult residential care may be established,
operated, or reimbursed under the Medicaid program for such care unless licensed to perform
such care by the department.

B. A license issued to an adult residential care provider shall be valid for only one
geographic location and shall be issued only for the person and premises named in the license
application.

C. A license issued under this Part shall be valid for one year from the date of
issuance, unless revoked prior to that date.

D. A license issued under this Part shall expire on the last day of the twelfth month
after date of issuance, unless otherwise renewed.

E. A license issued under this Part shall be on a form prescribed by the department.

F. A license issued under this Part shall not be transferrable or assignable.

G. A license issued to an adult residential care provider shall be posted in a
conspicuous place on the licensed premises.

H. Effective July 1, 2010, the authority to license adult residential care homes shall
transfer from the Department of Children and Family Services to the Louisiana Department
of Health. Each adult residential care home which has a valid license issued by the
Department of Children and Family Services shall apply to the Louisiana Department of
Health to become an adult residential care provider sixty days prior to the expiration of the
current adult residential care home license. The adult residential care home license shall be
valid until its expiration date, unless otherwise revoked, suspended, or terminated. Effective
July 1, 2010, the Louisiana Department of Health shall have authority to monitor, survey, and
regulate the adult residential care home under the existing Department of Children and
Family Services regulations until the Louisiana Department of Health publishes minimum
licensing standards for all modules of adult residential care providers.

I. All waivers in effect on July 1, 2010, granted to adult residential care facilities
licensed by the Department of Children and Family Services shall remain in effect when
those facilities are transferred to the Louisiana Department of Health subject to licensing
rules and regulations. However, any physical space waiver in effect on July 1, 2010, granted
to adult residential care facilities licensed by the Department of Children and Family Services
shall remain in effect when those facilities are transferred to the Louisiana Department of
Health unless there is a renovation, new construction, or relocation of the physical space
which is subject to such waiver.

*Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.*

##### **§ 40:2166.5** Rules and regulations; licensing standards; fees {#sec-40-2166.5 omnilex-key=us-la-statutes--rs-title-40--40:2166.5}

A. The department shall promulgate and publish rules, regulations, and licensing
standards, in accordance with the Administrative Procedure Act, to provide for the licensure
of adult residential care providers, and to provide for the health, safety, and welfare of
persons receiving care from such providers, and to provide for the safe operation of such
providers. The rules, regulations, and licensing standards shall become effective upon
approval of the secretary of the department in accordance with the Administrative Procedure
Act. Such rules, regulations, and licensing standards shall have the effect of law.

B. The department shall prescribe, promulgate, and publish rules, regulations, and
licensing standards including but not limited to the following:

(1) Licensure application and renewal application procedures and requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, and comfort of persons
receiving care.

(5) Survey and complaint investigations.

(6) Initial and annual renewal of license, including the requirement of a showing of
financial viability.

(7) Provisional licenses.

(8) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.

(9) Planning, construction, and design of the facility to ensure the health, safety,
welfare, and comfort of persons receiving services.

(10) Other regulations or standards as will ensure proper care and treatment of
persons receiving service, including provisions relative to civil monetary penalties, as may
be deemed necessary for an effective administration of this Part. Such standards shall include
rules that subject adult residential care providers or facilities to civil monetary penalties by
class of violation.

(11) Modules of adult residential care providers with varying levels of services. The
modules for adult residential care providers shall be as follows:

(a) Level 1 personal care homes.

(b) Level 2 shelter care homes.

(c) Level 3 assisted living facilities.

(d) Level 4 adult residential care providers.

(12)(a) The requirement for licensed adult residential care providers to allow
immediate family members and other designated persons to visit residents during a public
health emergency whenever a resident requests such a visit with special consideration to be
given to residents receiving end-of-life care.

(b) The rules shall include but not be limited to definitions, minimum requirements
including the right to consensual nonsexual physical contact such as hand-holding or
hugging, restrictions, and provisions to protect the health, safety, and welfare of the residents
and the staff of the licensed adult residential care provider. However, the rules may not
require visitors to submit proof of any vaccination or immunization.

(c) The rules shall allow licensed adult residential care providers to adopt reasonable
time, place, and manner restrictions on resident visitation that are implemented for the
purpose of mitigating the possibility of transmission of any infectious agent or disease or to
address the medical condition or clinical considerations of an individual resident.

(d) The rules promulgated pursuant to this Paragraph shall be preempted by any
federal statute, federal regulation, or guidance from a federal government agency that
requires a licensed adult residential care provider to restrict resident visitation in a manner
that is more restrictive than the rules adopted by the department pursuant to this Paragraph.

(e) For purposes of this Paragraph, the following definitions apply:

(i) "Public health emergency" means a state of public health emergency that is
declared pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.

(ii) "Resident" means a resident of a licensed adult residential care provider facility
or his legal or designated representative.

C. The secretary of the department is further authorized to set and collect fees and
fines for the licensure of adult residential care providers as follows:

(1) Each adult residential care provider shall be assessed a fee not to exceed six
hundred dollars, payable to the department, at the time an application is made to the
department, and once a year thereafter for renewal of license. This fee is for application and
renewal of a license only.

(2) Each adult residential care provider shall be assessed an additional application
and renewal fee not to exceed five dollars per unit, payable to the department, at the time the
application or application for renewal of the license is made. For purposes of Subsection C
of this Section, "unit" means room or station.

(3) An adult residential care provider shall be assessed a delinquent fee of one
hundred dollars for failure to timely renew its license. This delinquent fee shall be assessed
and shall become due and payable to the department at 12:01 a.m. on the first day following
the expiration date of the license.

(4) Effective July 1, 2010, an adult residential care provider which had previously
been licensed by the Department of Children and Family Services as an adult residential care
home as of June 30, 2010, shall continue to pay the existing fee of two hundred fifty dollars
for license renewal. The license fee shall be due once a year for renewal of license.

(5) Effective July 1, 2010, an adult residential care provider which had previously
been licensed by the Department of Children and Family Services as an adult residential care
home as of June 30, 2010, which operates without a valid license or which operates in
violation of state law or department regulations shall be fined by the department in
accordance with the existing schedule of fines and enforcement procedures promulgated by
rules of the department, not to exceed two hundred fifty dollars for each day of such offense.

*Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010; Acts 2020, 2nd Ex. Sess., No. 18, §1, eff. Oct. 28, 2020; Acts 2022, No. 271, §4; Acts 2023, No. 367, §1.*

##### **§ 40:2166.6** License issuance; application; on-site inspection {#sec-40-2166.6 omnilex-key=us-la-statutes--rs-title-40--40:2166.6}

A. Each application for licensure of an adult residential care provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.

B. Each application for licensure and application renewal of licensure shall be accompanied by a nonrefundable license fee in the amount set by the department in accordance with R.S. 40:2166.5.

C. Following receipt of the completed application and licensing fee, the department shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the department finds that the facility meets the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued.

D. As a condition for renewal of a license, the licensee shall submit to the department a completed annual renewal application on forms prescribed by the department which shall contain such information as required by the department. Additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department may perform an on-site survey and inspection upon annual renewal. If the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued which shall be valid for one year.

E. The department may perform an on-site inspection at reasonable times as necessary to ensure compliance with this Part.

*Acts 2006, No. 433, §1, eff. June 15, 2006.*

##### **§ 40:2166.7** Operation without license; penalty {#sec-40-2166.7 omnilex-key=us-la-statutes--rs-title-40--40:2166.7}

A. An adult residential care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars for each day of operation without a license up to a maximum of one thousand dollars or imprisonment of not more than six months, or both. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If an adult residential care provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the department.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

*Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.*

##### **§ 40:2166.7.1** Moratorium on licensure of level 4 adult residential care providers {#sec-40-2166.7.1 omnilex-key=us-la-statutes--rs-title-40--40:2166.7.1}

Notwithstanding any other provision of law to the contrary, the department shall
implement a moratorium on the licensure of additional level 4 adult residential care providers
until July 1, 2017. The moratorium shall not apply to a provider which has received facility
need review approval from the department for a level 4 adult residential care provider on or
before April 25, 2012.

NOTE: Acts 2017, No. 417, §1, amended §2166.7.1 to extend the
moratorium from July 1, 2017, to July 1, 2018. Section 2 of that act
provides: "Implementation of the provisions of this Act shall only become
effective in the event a specific appropriation by the legislature is made for
such purposes and the program receives approval by the Centers for Medicare
and Medicaid Services."

§2166.7.1. Moratorium on licensure of level 4 adult residential care providers

Notwithstanding any other provision of law to the contrary, the department shall
implement a moratorium on the licensure of additional level 4 adult residential care providers
until July 1, 2018. The moratorium shall not apply to a provider which has received facility
need review approval from the department for a level 4 adult residential care provider on or
before April 25, 2012.

*Acts 2012, No. 676, §1; Acts 2017, No. 417, §1.*

##### **§ 40:2166.8** Fees on community service providers; disposition of fees {#sec-40-2166.8 omnilex-key=us-la-statutes--rs-title-40--40:2166.8}

A.(1) The department is hereby authorized to adopt and impose fees for community-based services provided by the Medicaid program for every adult residential care provider as well as any other provider of services offered in lieu of institutional placement and to adopt rules and regulations relative to the imposition of such fees. The amount of any fee shall not exceed the total cost to the state of providing the care subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such provider.

(2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third-party reimbursements and shall be included in the establishment of reimbursement rates.

(3) All fees collected pursuant to this Section shall be paid into the state treasury and after compliance with Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, shall be deposited into the state general fund.

(4) The department shall not impose, adopt, or collect any fee authorized under the provisions of this Section until written approval is received from the secretary of the United States Department of Health and Human Services that adult residential care providers may be considered a "class of providers" for the purposes of 42 CFR 433.56.

B.(1) The department shall adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed pursuant to this Section, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees collected pursuant to this Section, received by any department or agency of the state pursuant to this Section, shall be held confidential.

(2) The department shall adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized pursuant to this Section. The department shall be authorized to collect the fees permitted pursuant to this Section by withholding all or part of a provider's regular Medicaid remittance.

C. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized in this Part.

*Acts 2006, No. 433, §1, eff. June 15, 2006.*

##### **§ 40:2166.9** Immunization information; influenza {#sec-40-2166.9 omnilex-key=us-la-statutes--rs-title-40--40:2166.9}

A. No later than September first of each year and in accordance with the latest
recommendations of the Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention, every licensed adult residential care provider shall provide
residents educational information on influenza. This educational information shall include,
at a minimum, the risks associated with influenza, the availability, effectiveness, and known
contraindications of the influenza immunization, the causes and symptoms of influenza, and
the means by which influenza is spread.

B. Nothing in this Section shall be construed to require any adult residential care
provider to provide or pay for any immunization against influenza.

*Acts 2016, No. 28, §1.*

##### **§ 40:2166.10** Immunization information; shingles; pneumonia {#sec-40-2166.10 omnilex-key=us-la-statutes--rs-title-40--40:2166.10}

A. No later than September first of each year and in accordance with the latest
recommendations of the Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention, the Louisiana Department of Health shall provide licensed
adult residential care providers with educational information on zoster, also known as
shingles. The educational information shall include, at a minimum, the risks associated with
shingles and how to protect oneself against the varicella-zoster virus. The licensed adult
residential care providers shall disseminate this information to their residents.

B. No later than September first of each year and in accordance with the latest
recommendations of the Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention, the Louisiana Department of Health shall provide licensed
adult residential care providers with educational information on pneumonia. The educational
information shall include, at a minimum, the risks associated with pneumonia and the
availability of the pneumococcal immunization. The licensed adult residential care providers
shall disseminate this information to their residents.

C. Nothing in this Section shall be construed to require any adult residential care
provider to provide or pay for any immunization against the varicella-zoster virus or
pneumonia.

D. The Louisiana Department of Health shall provide the educational information
required by Subsections A and B of this Section through the posting of a link to its website
where the information can be downloaded by the licensed adult residential care providers.

*Acts 2016, No. 155, §1.*

#### **PART VI** TRAUMA CENTERS

##### **§ 40:2171** Definitions {#sec-40-2171 omnilex-key=us-la-statutes--rs-title-40--40:2171}

As used in this Part:

(1) "Department" means the Louisiana Department of Health.

(2) "Trauma case" means any injured person who has been evaluated
by prehospital personnel according to policies and procedures established by
the Louisiana Department of Health and who has been found to require
transportation to a trauma center.

(3) "Trauma center" means a health care facility which is capable of
treating one or more types of potentially seriously injured persons and which
has been certified as a trauma center by the Louisiana Department of Health.

*Acts 1987, No. 358, §1.*

##### **§ 40:2172** Certificates; applications; fees {#sec-40-2172 omnilex-key=us-la-statutes--rs-title-40--40:2172}

A. All health care facilities offering trauma care services may be certified on a voluntary basis.

B. Application for certification shall be made by a health care facility to the department upon forms furnished by the department. Upon determination that the facility is in compliance with the minimum requirements for certification as established by the department, the department shall issue a certificate for such period as may be provided for in the published regulations of the department.

C. There shall be a certification fee of two hundred dollars for any certificate issued in accordance with the provisions of this Part, renewable every three years.

*Acts 1987, No. 358, §1.*

##### **§ 40:2173** Rules, regulations, and standards for licenses {#sec-40-2173 omnilex-key=us-la-statutes--rs-title-40--40:2173}

A. The department shall promulgate rules and regulations to carry out the provisions of this Part in accordance with the provisions of the Administrative Procedure Act. The department shall consult with the Louisiana Emergency Response Network (LERN), the Louisiana Hospital Association, and the Louisiana State Medical Society in the development of rules and regulations.

B. The department shall promulgate minimum standards for trauma centers as defined in this Part which shall:

(1) Specify the number and types of trauma patients for whom such centers must provide care in order to ensure that such centers will have sufficient experience and expertise to be able to provide quality care for victims of injury.

(2) Specify the resources and equipment needed by such centers.

(3) Include standards and guidelines for triage and transportation of trauma patients prior to care in designated trauma centers.

(4) Specify procedures for the certification and evaluation of designated trauma centers.

(5) Include procedures for the receipt, recording of, and disposition of complaints.

(6) Provide for the right of appeal for those health care facilities for which certification has been refused.

(7) Provide for the verification and certification of trauma center status which assign level designations based on resources available within the applicable facility. Rules shall be based upon national guidelines, including but not limited to those established by the American College of Surgeons in Hospital and Pre-Hospital Resources for Optimal Care of the Injured Patient and any published appendices thereto.

(8) Provide that LERN may fund the provision of data to the state trauma registry in accordance with the registry's adopted rules, requirements, and reporting cycle.

(9) Provide that certified trauma centers participate in LERN regional commissions and LERN regional and state-level trauma system performance improvement and injury prevention activities per American College of Surgeons guidelines once adequate funding has been secured by the certified trauma center.

C. The regulations promulgated under this Section shall be consistent with the guidelines for designation of trauma centers specified by the American College of Surgeons.

D. The regulations promulgated under this Section shall require health care facilities applying for certification as a trauma center to obtain a consultation site visit through the Committee on Trauma of the American College of Surgeons.

E. The department shall designate a health care facility as a trauma center when the requirements of this Section have been fulfilled and upon verification from the American College of Surgeons that the facility has met its criteria for Level I, II, or III. The "trauma center" label shall be reserved exclusively for hospitals with state-issued trauma center certification.

F. The department shall issue standard forms for applications and for inspection reports, after consultation with LERN and other appropriate organizations.

*Acts 1987, No. 358, §1; Acts 2010, No. 934, §1.*

#### **PART VI-A** LICENSING OF OUTPATIENT ABORTION FACILITIES

##### **§ 40:2175.1** Short title {#sec-40-2175.1 omnilex-key=us-la-statutes--rs-title-40--40:2175.1}

A. This Part may be cited as the "Outpatient Abortion Facility Licensing Law".

B. The provisions of R.S. 40:1061.1 shall apply to this Part.

*Acts 2001, No. 391, §1; Acts 2022, No. 545, §3.*

##### **§ 40:2175.2** Purpose {#sec-40-2175.2 omnilex-key=us-la-statutes--rs-title-40--40:2175.2}

The purpose of this Part is to authorize the Louisiana Department of Health to
promulgate and publish rules and regulations to provide for the health, safety, and welfare
of women in outpatient abortion facilities and for the safe operation of such facilities. The
rules shall be reasonably related to the purpose expressed in this Section and shall not impose
a legally significant burden on a woman's freedom to decide whether to terminate her
pregnancy, except when the provisions of R.S. 40:1061.1 apply.

*Acts 2001, No. 391, §1; Acts 2022, No. 545, §3.*

##### **§ 40:2175.3** Definitions {#sec-40-2175.3 omnilex-key=us-la-statutes--rs-title-40--40:2175.3}

A. Except as provided in Subsection B of this Section, the terms used in this Part,
unless a different meaning clearly appears in the context, whether singular or plural, have the
same meaning as the definitions provided in R.S. 14:87.8.

B. For purposes of this Part, the following definitions apply:

(1) "Abortion facility professional" or "outpatient abortion facility professional"
means an individual who is a physician, surgeon, resident, intern, licensed nurse, nursing
aide, emergency medical technician, or a paramedic who diagnoses, examines, or treats a
female patient at an outpatient abortion facility.

(2) "Abortion facility staff member" or "outpatient abortion facility staff member"
means an individual who is not an abortion facility professional but who is employed by or
contracts with an outpatient abortion facility to provide services and who has any contact
with patients at the facility.

(3) "First trimester" means the time period up to fourteen weeks after the first day
of the last menstrual period.

(4) "Licensee" means the person, partnership, corporation, association, organization,
or professional entity on whom rests the ultimate responsibility and authority for the conduct
of the outpatient abortion facility.

(5) "Licensing agency" means the Louisiana Department of Health.

(6) "Mandatory reporter to law enforcement" means any abortion facility staff
member or any abortion facility professional.

(7) "Outpatient abortion facility" means any outpatient facility, other than a hospital
as defined in R.S. 40:2102 or an ambulatory surgical center as defined in R.S. 40:2133, in
which any second trimester or five or more first trimester abortions per calendar year are
performed.

(8) "Second trimester" means the time period from fourteen to twenty-three weeks
after the first day of the last menstrual period.

(9) "Secretary" means the secretary of the Louisiana Department of Health.

*Acts 2001, No. 391, §1; Acts 2014, No. 620, §1, eff. Sept. 1, 2014; Acts 2019, No. 280, §3; Acts 2019, No. 376, §1; Acts 2022, No. 545, §3.*

##### **§ 40:2175.4** License required {#sec-40-2175.4 omnilex-key=us-la-statutes--rs-title-40--40:2175.4}

A. An outpatient abortion facility may not be established or operated in this state
without an appropriate license issued under this Part.

NOTE: Subsection B eff. until conditions per Acts 2018, No. 498.

B. A license issued to an outpatient abortion facility is valid for only one location.

NOTE: Subsection B eff. upon conditions per Acts 2018, No. 498.

*B. A license issued to an outpatient abortion facility is valid for only one location that shall be physically and financially separate from any facility where publicly funded medical assistance program services are provided, in accordance with R.S. 49:200.51.*

C. A license issued to an outpatient abortion facility shall be valid for one year from
the date of issuance, unless revoked prior to that date.

D. A license issued to an outpatient abortion facility is not transferable or assignable.

E. A license issued to an outpatient abortion facility shall be posted in a conspicuous
place on the licensed premises.

F. The provisions of R.S. 40:1061.1 shall apply to this Part.

*Acts 2001, No. 391, §1; Acts 2018, No. 498, §2, See Act; Acts 2022, No. 545, §3.*

##### **§ 40:2175.5** Rules; regulations; licensing standards {#sec-40-2175.5 omnilex-key=us-la-statutes--rs-title-40--40:2175.5}

The licensing agency shall promulgate and publish rules, regulations,
and licensing standards to provide for the health, safety, and welfare of women
in outpatient abortion facilities and for the safe operation of such facilities.
The rules, regulations, and licensing standards shall become effective upon
approval of the secretary of the Louisiana Department of Health in accordance
with the Administrative Procedure Act. The initial rules, regulations, and
licensing standards shall not become effective until approved by the House
Committee on Health and Welfare and the Senate Committee on Health and
Welfare. No outpatient abortion facility shall be required to obtain a license
under this Part until the initial rules, regulations, and licensing standards are
adopted and promulgated in accordance with the Administrative Procedure
Act.

*Acts 2001, No. 391, §1.*

##### **§ 40:2175.6** License issuance; application; on-site inspection {#sec-40-2175.6 omnilex-key=us-la-statutes--rs-title-40--40:2175.6}

A. An applicant for an outpatient abortion facility license must submit an application
to the licensing agency on a form prescribed by the agency.

B. Each application must be accompanied by a nonrefundable license fee in an
amount set by the licensing agency in accordance with R.S. 40:2006. The fees herein levied
and collected shall be paid into the general fund.

C. Following receipt of the application and licensing fee, the licensing agency shall
issue a license if, after an on-site inspection, it finds that the outpatient abortion facility meets
the requirements established under this Part and the licensing standards adopted in pursuance
thereof. The licensing agency must perform an on-site inspection of the outpatient abortion
facility prior to issuance of the initial license.

D. As a condition for renewal of a license, the licensee must submit to the licensing
agency the annual renewal application along with the annual renewal licensing fee. Upon
receipt of the annual renewal application and the annual renewal licensing fee, the licensing
agency shall determine if the outpatient abortion facility continues to meet the requirements
established under this Part and the licensing standards adopted in pursuance thereof. The
licensing agency may perform an on-site inspection upon annual renewal. If the outpatient
abortion facility continues to meet the requirements established under this Part and the
licensing standards adopted in pursuance thereof, a license shall be issued which is valid for
one year.

E. A provisional license may be issued in cases where additional time is needed for
the outpatient abortion facility to comply fully with the requirements established under this
Part and the licensing standards adopted in pursuance thereof. The licensing agency may
issue a provisional license to an outpatient abortion facility for a period not to exceed six
months only if the failure to comply is not detrimental to the health or safety of the women
seeking treatment in the outpatient abortion facility. The deficiencies which preclude the
outpatient abortion facility from being in full compliance must be cited at the time the
provisional license is issued.

F. The licensing agency may perform an on-site inspection at reasonable times as
necessary to ensure compliance with this Part.

G. The secretary of the department may deny a license, may refuse to renew a
license, or may revoke an existing license, if an investigation or survey determines that the
applicant or licensee is in violation of any provision of this Part, in violation of the licensing
rules promulgated by the department, or in violation of any other federal or state law or
regulation.

(1) The secretary shall furnish the applicant or licensee thirty calendar days' written
notice specifying the reasons for the denial, nonrenewal, or revocation.

(2) The applicant or licensee shall have the right to file a suspensive appeal of the
denial, nonrenewal, or revocation with the office of the secretary within thirty calendar days
from the date of receipt of the written notice. The appeal request shall specify in detail the
reasons why the appeal is lodged.

H. Notwithstanding any law to the contrary, the secretary of the department may
issue an immediate suspension of a license if an investigation or survey determines that the
applicant or licensee is in violation of any provision of this Part, in violation of the rules
promulgated by the department, or in violation of any other federal or state law or regulation,
and the secretary determines that the violation or violations pose an imminent or immediate
threat to the health, welfare, or safety of a client or patient. The secretary shall give the
licensee written notice of the immediate suspension. The suspension of the license is
effective upon the receipt of the written notice.

(1) The licensee shall have the right to file a devolutive appeal of the immediate
suspension notice. The appeal request shall be filed with the office of the secretary within
thirty calendar days of the receipt of the written notice of the immediate suspension. The
appeal request shall specify in detail the reasons why the appeal is lodged.

(2) The licensee shall have the right to file for injunctive relief from the immediate
suspension of the license; such injunctive relief shall be filed with the district court for the
parish of East Baton Rouge. Before injunctive relief may be granted, the licensee shall prove
by clear and convincing evidence that the secretary's decision to issue the immediate
suspension of the license was arbitrary and capricious.

I. If a license is revoked or renewal of a license is denied other than for cessation of
business or non-operational status, or if the license is surrendered in lieu of an adverse action,
any owner, officer, member, manager, director, or administrator of the licensee may be
prohibited from owning, managing, directing, or operating another outpatient abortion clinic
in the state of Louisiana.

J. The provisions of R.S. 40:1061.1 shall apply to this Part.

*Acts 2001, No. 391, §1; Acts 2010, No. 490, §1, eff. June 22, 2010; Acts 2022, No. 545, §3.*

##### **§ 40:2175.7** Mandatory reports to law enforcement; human trafficking awareness and prevention training {#sec-40-2175.7 omnilex-key=us-la-statutes--rs-title-40--40:2175.7}

A.(1) Notwithstanding any claim of privileged communication, any mandatory
reporter to law enforcement who has cause to believe that a minor or adult female who
presents at an outpatient abortion facility is a victim of human trafficking, trafficking of
children for sexual purposes, rape, incest, or coerced abortion shall report such crime
immediately, or no later than the end of the business day, to the sheriff's department in the
parish or local police department where the outpatient abortion facility is located. If the
victim does not reside in the parish where the outpatient abortion facility is located, the
mandatory reporter to law enforcement shall also report the crime to the law enforcement
agency in the parish or county in which the victim resides, if reasonably ascertainable.

(2) The Louisiana Department of Health shall promulgate a form which may be used
by a mandatory reporter to law enforcement to report a crime, pursuant to Paragraph (1) of
this Subsection, to the parish or local law enforcement agency.

B.(1) Beginning August 1, 2019, every mandatory reporter to law enforcement shall
certify to the Louisiana Department of Health that they have participated in a training on
human trafficking awareness and prevention on an annual basis. The department shall
maintain the name of each mandatory reporter to law enforcement as confidential, and such
information shall not be subject to disclosure pursuant to the Public Records Law.

(2) The Louisiana Department of Health shall promulgate rules to provide for
compliance of this Subsection utilizing the online educational videos on human trafficking
awareness and prevention provided by the United States Department of Health and Human
Services, Administration for Children and Families, office on trafficking in persons or such
training tools as may be adopted by the department.

C. The provisions of R.S. 40:1061.1 shall apply to this Part.

*Acts 2019, No. 280, §3; Acts 2022, No. 545, §3.*

##### **§ 40:2175.8** Patient's right to unimpeded, private, and uncensored telephone communications; condition of facility licensing; penalties {#sec-40-2175.8 omnilex-key=us-la-statutes--rs-title-40--40:2175.8}

A. A patient in an outpatient abortion facility shall be permitted unimpeded, private,
and uncensored communications with persons by telephone. No outpatient abortion facility
shall require a patient to forego possession of the patient's mobile phone or cellular phone
as a condition for receiving services or patient access to the facility.

B. A violation of this Section shall be considered a violation of a condition of
licensure and shall be subject to the penalties provided for in R.S. 40:2199.

C.(1) The provisions of this Section shall not be construed to provide a right to an
abortion and are superseded by other provisions of law that restrict or prohibit abortion.

(2) The provisions of this Section are intended to regulate the practice of abortion
to provide for the health, safety, and welfare of women in outpatient abortion facilities until
such time and to the extent that the state of Louisiana no longer regulates outpatient abortion
facilities.

*Acts 2022, No. 537, §1, eff. June 17, 2022; Acts 2022, No. 548, §7.*

##### **§ 40:2175.9** Cease and desist order; due process rights; penalty for violation {#sec-40-2175.9 omnilex-key=us-la-statutes--rs-title-40--40:2175.9}

A. In addition to the provisions of R.S. 40:2175.6(H), the secretary is empowered
to issue a written cease and desist order to prevent or terminate an unsafe condition or an
illegal practice or for a violation of this Chapter or Chapter 5 of this Title or a violation of
any regulation or order of the department issued pursuant thereto whenever the secretary
knows or has reasonable cause to believe that such unsafe condition or illegal practice exists
or is likely to occur related to an outpatient abortion facility.

B.(1) An aggrieved party who is licensed by this Part and who is affected by the
secretary's decision or order may seek an appeal in the same manner as provided for in R.S.
40:2175.6(H).

(2) An aggrieved party who is not licensed by this Part may seek a de novo review
of the secretary's decision or order by filing a petition for review in the Nineteenth Judicial
District Court for the parish of East Baton Rouge.

C. Any order issued pursuant to this Section shall become effective upon service
thereof in person or by registered mail on the violator and shall remain effective except to
the extent modified, stayed, terminated, or set aside by action of the secretary or by the
Nineteenth Judicial District Court in the parish of East Baton Rouge.

D. If no timely appeal is demanded by the aggrieved party pursuant to Subsection B
of this Section, the cease and desist order shall become final.

E. If the violator subsequently engages in activities that violate a final cease and
desist order, the secretary may seek the enforcement of such order by civil action filed in the
Nineteenth Judicial District Court for the parish of East Baton Rouge.

F. Except as provided in R.S. 40:2175.10, any person who violates a cease and desist
order of the secretary after it has become final and while such order is in effect shall, upon
proof thereof to the satisfaction of the court, be ordered by the court to forfeit and pay to the
attorney general a sum not less than five hundred dollars nor more than five thousand dollars
per violation.

*Acts 2022, No. 545, §3.*

##### **§ 40:2175.10** Procedure for closing outpatient abortion clinics in the event abortion is declared illegal {#sec-40-2175.10 omnilex-key=us-la-statutes--rs-title-40--40:2175.10}

A. Except as provided in Subsection C of this Section, the secretary shall apply the
provisions of R.S. 40:1061.1 and 2175.9 and based upon the final decision of the Supreme
Court of the United States in the case of Dobbs v. Jackson Women's Health Organization,
Docket No. 19-1392, the secretary shall issue whichever one of the applicable cease and
desist orders apply, as follows:

(1) The outpatient abortion facility shall be ordered closed and the facility shall
immediately cease and desist performing abortions because the Human Life Protection Act,
R.S. 40:1061, or R.S. 14:87.7 has been enacted and the practice of abortion in Louisiana has
been prohibited by law.

(2) The outpatient abortion facility shall be ordered to cease and desist performing
late term abortions, as is prohibited in R.S. 14:87.8, because the Supreme Court of the United
States has provided for the states to prohibit abortions when the gestational age of the unborn
child is fifteen weeks or more.

B.(1) Any person who violates a cease and desist order of the secretary after it has
become final and while such order is in effect shall, upon proof thereof to the satisfaction of
the court, be ordered by the court to forfeit and pay to the attorney general a sum not less than
ten thousand dollars nor more than fifty thousand dollars per violation.

(2) Each abortion performed in violation of the cease and desist order issued
pursuant to this Section shall constitute a separate violation.

C. The provisions of Subsections A and B of this Section shall not apply if the
decision rendered by the Supreme Court of the United States in the case of Dobbs v. Jackson
Women's Health Organization, Docket No. 19-1392, which overrules, in whole or in part,
Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), does not restore to the
states the authority to prohibit or limit abortion.

*Acts 2022, No. 545, §3.*

##### **§ 40:2175.11** Repealed by Acts 2022, No. 252, §3. {#sec-40-2175.11 omnilex-key=us-la-statutes--rs-title-40--40:2175.11}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2175.12** Repealed by Acts 2022, No. 252, §3. {#sec-40-2175.12 omnilex-key=us-la-statutes--rs-title-40--40:2175.12}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2175.13** Repealed by Acts 2022, No. 252, §3. {#sec-40-2175.13 omnilex-key=us-la-statutes--rs-title-40--40:2175.13}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2175.14** Repealed by Acts 2022, No. 252, §3. {#sec-40-2175.14 omnilex-key=us-la-statutes--rs-title-40--40:2175.14}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2175.15** Repealed by Acts 2022, No. 252, §3. {#sec-40-2175.15 omnilex-key=us-la-statutes--rs-title-40--40:2175.15}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2176** Repealed by Acts 1999, No. 4, §1, eff. May 7, 1999. {#sec-40-2176 omnilex-key=us-la-statutes--rs-title-40--40:2176}

*Repealed by Acts 1999, No. 4, §1, eff. May 7, 1999.*

##### **§ 40:2176.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-2176.1 omnilex-key=us-la-statutes--rs-title-40--40:2176.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2177** Repealed by Acts 1999, No. 4, §1, eff. May 7, 1999. {#sec-40-2177 omnilex-key=us-la-statutes--rs-title-40--40:2177}

*Repealed by Acts 1999, No. 4, §1, eff. May 7, 1999.*

##### **§ 40:2178** Repealed by Acts 1999, No. 4, §1, eff. May 7, 1999. {#sec-40-2178 omnilex-key=us-la-statutes--rs-title-40--40:2178}

*Repealed by Acts 1999, No. 4, §1, eff. May 7, 1999.*

#### **PART VI-D** DIRECT SERVICE WORKER REGISTRY

##### **§ 40:2179** Establishment of Direct Service Worker Registry {#sec-40-2179 omnilex-key=us-la-statutes--rs-title-40--40:2179}

A. There is hereby established within the Louisiana Department of Health the Direct
Service Worker Registry which is to be maintained by the department. Access to the registry
shall be limited to an inquiry for a specific direct care worker.

B.(1) The department shall promulgate rules and regulations necessary for the
maintenance of the registry which shall include but not be limited to rules and regulations
defining minimum mandatory qualifications and requirements for direct service workers.
Such rules shall include the establishment of criteria regarding any parent, stepparent,
grandparent, brother, sister, aunt, or uncle of a recipient serving as a paid direct service
worker and shall provide for the grandfathering in of any relative serving as a direct support
worker as of July 1, 2008.

(2) It is the policy of the state that the parent, stepparent, grandparent, son, daughter,
brother, sister, aunt, or uncle of a recipient may not serve that recipient as a paid direct
service worker unless the relative meets the criteria established by rule and has received a
waiver issued by the secretary of the department or his designee stating that the relative is
the best available appropriate direct service worker for the recipient being served. This
Section shall be effective upon approval by Centers for Medicare and Medicaid Services of
the necessary waiver and state plan amendments.

C. The provisions of this Part shall apply to direct service workers who are
compensated, regardless of the setting, and specifically do not apply to those direct service
workers listed on the Certified Nurse Aide Registry established under rules promulgated by
the Louisiana Department of Health.

D. The provisions of this Part shall not apply to religious nonmedical nursing
personnel providing services through a religious nonmedical health care institution as defined
in 42 U.S.C. 1395x.

*Acts 2005, No. 306, §2, eff. June 29, 2005; Acts 2008, No. 333, §1; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.*

##### **§ 40:2179.1** Definition of direct service worker {#sec-40-2179.1 omnilex-key=us-la-statutes--rs-title-40--40:2179.1}

A. A direct service worker is an unlicensed person who provides personal care or
other services and support to persons with disabilities or to the elderly to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed
may include, but are not limited to, assistance and training in activities of daily living,
personal care services, and job-related supports.

B. A parent, stepparent, grandparent, brother, sister, aunt, or uncle of a recipient shall
meet the criteria established by rule regarding serving as a paid direct support worker unless
a waiver is issued by the secretary of the Louisiana Department of Health.

*Acts 2005, No. 306, §2, eff. June 29, 2005.*

##### **§ 40:2179.2** Authorization to contract; interagency agreement; issuance of certification cards or certificates {#sec-40-2179.2 omnilex-key=us-la-statutes--rs-title-40--40:2179.2}

A. The Board of Examiners of Nursing Facility Administrators may maintain the
Direct Service Worker Registry through an interagency agreement with the Louisiana
Department of Health in accordance with applicable federal regulations.

B. The Board of Examiners of Nursing Facility Administrators is authorized to issue
certificates or certification cards which indicate registration status on the Direct Service
Worker Registry to direct service workers upon request. The Board of Examiners of Nursing
Facility Administrators may charge an amount not to exceed the cost of providing such
certificates or certification cards.

*Acts 2006, No. 657, §1, eff. June 29, 2006.*

#### **PART VI-E** LICENSING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES (ICF/DD)

##### **§ 40:2180** Definitions {#sec-40-2180 omnilex-key=us-la-statutes--rs-title-40--40:2180}

As used in this Part, the following terms shall have the following meanings, except
when the context clearly indicates otherwise:

(1) "Department" means the Louisiana Department of Health.

(2) "ICF/DD" means an intermediate care facility for people with developmental
disabilities.

*Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §2.*

##### **§ 40:2180.1** Licensure of intermediate care facilities for people with developmental disabilities (ICF/DD) {#sec-40-2180.1 omnilex-key=us-la-statutes--rs-title-40--40:2180.1}

Any public or private (ICF/DD) now engaged in the provision of services or hereafter desiring to be engaged in the same shall apply to the department for a license authorizing them to engage in such services.

(1) The license shall indicate the types of developmental disabilities services that a public or private provider is authorized to provide.

(2) Providers who are already licensed are not required by this Section to reapply until the current license expires, except when applying for new developmental disabilities services.

*Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §2.*

##### **§ 40:2180.2** Promulgation of rules {#sec-40-2180.2 omnilex-key=us-la-statutes--rs-title-40--40:2180.2}

The department shall promulgate, in accordance with the Administrative Procedure
Act, licensing standards, rules, and regulations regarding but not limited to the following:

(1) Licensure application procedures and requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of supports and services.

(4) Survey and complaint investigations.

(5) Initial and annual renewal of license investigations.

(6) Issuance of a provisional license.

(7) Denial, revocation, and non-renewal of licenses and the appeals thereof.

(8) Planning, construction and design to ensure the health, safety, and comfort of
persons receiving services.

(9) Such other regulations of standards as will ensure proper care and treatment as
may be deemed necessary for an effective administration of this Part.

(10) The establishment of new or replacement facilities or reestablishment of
facilities that have sustained substantial structural damage from a hurricane or substantial
structural damage from flooding which are located in areas subject to hurricanes, tidal surges,
or flooding. An architect or civil engineer registered in the state shall determine whether a
facility has sustained substantial structural damage from a hurricane or substantial structural
damage from flooding in accordance with the Louisiana State Uniform Construction Code.
The regulations adopted by the department shall include but not be limited to:

(a) Requirements of building and construction codes and guidelines.

(b) Restrictions of locations of newly approved facilities that are subject to the
provisions of the facility need review process.

(c) Provisions for the fair allocation of the Medicaid share of facility specific costs
directly incurred by a facility as a result of compliance.

(d) Provisions for reasonable time periods for compliance, not to exceed three years,
except when extensions are granted by the department for good cause.

(11)(a) Provisions to allow any close family member of a resident of an ICF/DD to
visit the resident during any state of public health emergency declared in accordance with
R.S. 29:766 or to address the infectious respiratory disease known as COVID-19. The rules
shall include but not be limited to the following:

(i) Authorization of visitation for close family members.

(ii) Minimum requirements for visitation, including length of visit, location of the
visit, and the right to consensual nonsexual physical contact such as hand-holding or
hugging.

(iii) Requirements for visitors, including health screenings, testing, and personal
protective equipment. However, the rules may not require visitors to submit proof of any
vaccination or immunization.

(iv) Limitations on visitation due to health, safety, and welfare issues, including
limitations of visitation provided in an executive order of the governor of the state or an
order of the state health officer due to the public health emergency.

(v) Prohibition of visitation by any close family member who is infected with
COVID-19.

(vi) Provisions for off-site visitation, allowing a close family member to visit an
ICF/DD resident away from the facility campus, including requirements for allowing the
resident to return to the facility upon certain conditions including testing and isolation.

(vii) Provisions for determinations of dispute resolutions regarding deficiencies
related to visitation during a declared health emergency or related to COVID-19, including
provisions, subject to federal requirements, for determinations to be issued by the department
within thirty-five days after receipt of the request by a facility for an informal dispute
resolution of the deficiencies.

(b) The rules promulgated pursuant to this Paragraph shall be preempted by any
federal statute, federal regulation or guidance from a federal government agency that requires
an ICF/DD to restrict resident visitation in a manner that is more restrictive than the rules
adopted by the department pursuant to this Paragraph.

(c) For purposes of this Paragraph, "close family member" shall mean a parent,
step-parent, sibling, step-sibling, aunt, uncle, child, step-child, spouse, mother-in-law,
father-in-law, grandparent, grandchild, or legal representative of the ICF/DD resident.

(12) The Louisiana Department of Health shall develop and implement policies and
procedures to require ICF/DD providers to notify new residents and their families and
guardians of sex offenders living in their facilities upon admission. The notification shall
continue for as long as the information is considered a public record. During the annual
licensing process, health standards surveyors shall verify the providers' compliance with the
policy.

*Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005; Acts 2008, No. 409, §1, eff. June 21, 2008; Acts 2020, 2nd Ex. Sess., No. 27, §1, eff. Oct. 28, 2020; Acts 2022, No. 531, §1; Acts 2023, No. 367, §1.*

##### **§ 40:2180.3** Input from the office for citizens with developmental disabilities {#sec-40-2180.3 omnilex-key=us-la-statutes--rs-title-40--40:2180.3}

Any office, bureau, or agency that licenses ICF/DD's shall prepare proposed rules, regulations, and standards in consultation with the office for citizens with developmental disabilities. Such consultation will include assurance that all federal and state laws and regulations, including the provisions of this Chapter regarding program requirements, are included in the licensing requirements.

*Acts 2005, No. 128, §1, eff. June 22, 2005.*

##### **§ 40:2180.4** Issuance of license; renewal {#sec-40-2180.4 omnilex-key=us-la-statutes--rs-title-40--40:2180.4}

A. Each application for licensure of an ICF/DD shall be made to the department on forms prescribed by the applicable licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.

B. Each application for license or renewal of a license for an intermediate care facility for people with developmental disabilities shall be accompanied by a nonrefundable license fee pursuant to R.S. 40:2006.

C. Following receipt of the application and licensing fee, the applicable licensing agency shall perform an on-site inspection. If, after the on-site inspection, the licensing agency finds that the facility meets the requirements established under this Part and the promulgated licensing standards, a license shall be issued.

*Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §2.*

##### **§ 40:2180.5** Operation without license; penalty {#sec-40-2180.5 omnilex-key=us-la-statutes--rs-title-40--40:2180.5}

A. Any public or private ICF/DD shall not operate without a license issued by the applicable licensing agency. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If a public or private ICF/DD is operating without a license issued by the applicable licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any facility or provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such facility or provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

*Acts 2005, No. 128, §1, eff. June 22, 2005.*

#### **PART VI-F** LICENSING OF CRISIS RECEIVING CENTERS

##### **§ 40:2180.11** Purpose {#sec-40-2180.11 omnilex-key=us-la-statutes--rs-title-40--40:2180.11}

The purpose of this Part is to provide for the operation and maintenance of crisis
receiving centers to provide for appropriate crisis identification, intervention, and
stabilization services, including a coordinated system of entry for people in behavioral
emergency rooms.

*Added by Acts 2008, No. 447, §2, See Act. Acts 2018, No. 206, §4.*

##### **§ 40:2180.12** Definitions {#sec-40-2180.12 omnilex-key=us-la-statutes--rs-title-40--40:2180.12}

As used in this Part:

(1) "Crisis receiving centers" means an agency, business, institution, society,
corporation, person or persons, or any other group, licensed by the Louisiana Department of
Health to provide crisis identification, intervention, and stabilization services for people in
behavioral crisis. Crisis receiving centers shall receive, examine, triage, refer, or treat people
in behavioral health crisis.

(2) "Department" means the Louisiana Louisiana Department of Health.

*Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.*

##### **§ 40:2180.13** Licensure of crisis receiving centers {#sec-40-2180.13 omnilex-key=us-la-statutes--rs-title-40--40:2180.13}

A. No agency, business, institution, society, corporation, person or persons, or any other group providing services as crisis receiving centers may be established or operated or be reimbursed under the Medicaid program for such services unless licensed to perform such services by the department.

B. A license issued to a crisis receiving center shall be valid for only one geographic location, and shall be issued only for the person and premises named in the license application.

C. A license issued under this Part shall be valid for one year from the date of issuance, unless revoked or suspended prior to that date.

D. A license issued under this Part shall expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department.

E. A license issued under this Part shall be on a form prescribed by the department.

F. A license issued under this Part shall not be transferrable or assignable.

G. A license issued to a crisis receiving center shall be posted in a conspicuous place on the licensed premises.

*Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.*

##### **§ 40:2180.14** Rules and regulations; licensing standards {#sec-40-2180.14 omnilex-key=us-la-statutes--rs-title-40--40:2180.14}

A. The licensing agency of the department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of crisis receiving centers, and to provide for the health, safety, and welfare of persons receiving services from such facilities or providers, and to provide for the safe operation of such facilities or providers. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the department in accordance with the Administrative Procedure Act. These rules, regulations, and licensing standards shall have the effect of law.

B. The licensing agency of the department shall prescribe, promulgate, and publish rules, regulations, and licensing standards to include but not be limited to the following:

(1) Licensure application and renewal application procedures and requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services.

(5) Survey and complaint investigations.

(6) Initial license, renewal of license, full license, and provisional license.

(7) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom.

(8) Planning, construction, design, and implementation of the facility or provider to ensure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services.

(9) Such other regulations or standards as will ensure proper care and treatment of patients, clients, and persons receiving services.

*Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.*

##### **§ 40:2180.15** License issuance; application; on-site inspection {#sec-40-2180.15 omnilex-key=us-la-statutes--rs-title-40--40:2180.15}

A. Each application for licensure of a crisis receiving center shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.

B. Following receipt of the completed application, the licensing agency shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the licensing agency finds that the facility or provider meets the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.

C. As a condition for renewal of a license, the licensee shall submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and shall contain such information as required by the agency. Upon receipt of the completed annual renewal application, the licensing agency shall determine if the facility or provider continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part. The licensing agency may perform an on-site survey and inspection upon annual renewal. If the facility or provider continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which is valid for one year.

D. The licensing agency may perform an on-site inspection at reasonable times as necessary to ensure compliance with the provisions of this Part.

*Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.*

##### **§ 40:2180.16** Operation without license; penalty {#sec-40-2180.16 omnilex-key=us-la-statutes--rs-title-40--40:2180.16}

A. A crisis receiving center shall not operate without a license issued by the licensing agency. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If a crisis receiving center is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any facility or provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such facility or provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

*Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.*

#### **PART VI-G** LICENSING OF FREE-STANDING BIRTH CENTERS

##### **§ 40:2180.21** Short title {#sec-40-2180.21 omnilex-key=us-la-statutes--rs-title-40--40:2180.21}

This Part shall be known and may be cited as the "Free-Standing Birth Center
Licensing Law".

*Acts 2019, No. 332, §1, eff. June 11, 2019.*

##### **§ 40:2180.22** Purpose {#sec-40-2180.22 omnilex-key=us-la-statutes--rs-title-40--40:2180.22}

The purpose of this Part is to authorize the Louisiana Department of Health to
promulgate and publish rules and regulations for the licensing of free-standing birth centers;
to provide for the health, safety, welfare, and well-being of persons receiving services at
free-standing birth centers; and to provide for the safe operation and maintenance of
free-standing birth centers.

*Acts 2019, No. 332, §1, eff. June 11, 2019.*

##### **§ 40:2180.23** Definitions {#sec-40-2180.23 omnilex-key=us-la-statutes--rs-title-40--40:2180.23}

For the purposes of this Part, the following terms shall have the following meanings:

(1) "Department" means the Louisiana Department of Health or any agency or office
thereof designated by the secretary to administer the provisions of this Part.

(2)(a) "Free-standing birth center" means a facility, place, center, agency, person,
institution, corporation, partnership, unincorporated association, group, or other legal entity
which provides free-standing birth center services and at which a person is anticipated to give
birth following a low-risk pregnancy.

(b) For the purposes of this Part, a free-standing birth center does not include a
hospital licensed pursuant to R.S. 40:2100 et seq., nor does it include the place of residence
of the person giving birth.

(3) "Free-standing birth center services" means peripartum care, including prenatal,
labor, delivery, and postpartum, and services for people with low-risk pregnancies provided
at free-standing birth centers. This includes any ancillary ambulatory service provided to a
person at low risk for pregnancy complications, if such services are within the scope of
practice of the individual providing the service.

(4) "License" means a license issued by the Louisiana Department of Health to a
free-standing birth center.

(5) "Low-risk pregnancy" means a normal, uncomplicated, singleton pregnancy that
has vertex presentation and is at low risk for development of complications during labor and
birth, as determined from an evaluation and examination conducted by a physician or other
practitioner or individual acting within the scope of his or her practice.

(6) "Secretary" means the secretary of the Louisiana Department of Health or his
designee.

(7) "Standards" means policies, procedures, rules, guidelines, and standards of
current practice contained in this Part in addition to those rules and standards promulgated
by the Louisiana Department of Health for the licensing and operation of free-standing birth
centers.

*Acts 2019, No. 332, §1, eff. June 11, 2019.*

##### **§ 40:2180.24** Licensure of free-standing birth centers {#sec-40-2180.24 omnilex-key=us-la-statutes--rs-title-40--40:2180.24}

A. All free-standing birth centers shall be licensed by the Louisiana Department of
Health. No facility, place, center, agency, person, institution, corporation, partnership,
unincorporated association, group, or other legal entity providing free-standing birth center
services shall be established or operated, or be reimbursed under the Medicaid program,
unless licensed as a free-standing birth center by the department to perform such services.

B. A license issued to a free-standing birth center shall be valid for one geographic
location and issued to the entity or person and premises named in the license application.

C. A license issued pursuant to this Part shall be valid for twelve months unless
revoked or otherwise suspended prior to that date, commencing with the month of issuance.

D. Unless otherwise renewed or stated in the rules promulgated by the department,
a license issued pursuant to this Part shall expire on the last day of the twelfth month after
the date of issuance.

E. A license issued pursuant to this Part shall be on a form prescribed by the
department.

F. A license issued pursuant to this Part shall not be transferrable or assignable.

G. A license issued to a free-standing birth center shall be posted in a conspicuous
place on the licensed premises.

*Acts 2019, No. 332, §1, eff. June 11, 2019.*

##### **§ 40:2180.25** Rules and regulations; licensing standards {#sec-40-2180.25 omnilex-key=us-la-statutes--rs-title-40--40:2180.25}

A. The department shall prescribe, promulgate, and publish rules, regulations, and
licensing standards, in accordance with the Administrative Procedure Act, and to provide for
all of the following:

(1) The licensure of free-standing birth centers.

(2) The health, safety, welfare, and well-being of persons receiving services at the
free-standing birth centers.

(3) The safe operation and maintenance of free-standing birth centers.

B.(1) The rules, regulations, and licensing standards shall become effective upon
approval by the secretary of the department in accordance with the Administrative Procedure
Act.

(2) The rules, regulations, and licensing standards shall have the effect of law and
shall include but not be limited to the following:

(a) Licensure application and renewal, including forms, procedures, and
requirements.

(b) Operational requirements.

(c) Practice standards to assure quality of care.

(d) Practice standards to assure the health, safety, welfare, well-being, and comfort
of persons receiving care and services.

(e) Confidentiality of clients' records.

(f) Criteria and protocols to assure uniform and quality assessment, diagnosis,
evaluation, and referral to appropriate level of care.

(g) Administration, personnel, and staffing requirements.

(h) Survey and complaint investigations, including investigations into allegations that
a provider is operating without a license.

(i) License types, including provisional licenses.

(j) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.

(k) Planning, construction, and design of the center to ensure the health, safety,
welfare, well-being, and comfort of persons receiving care and services.

(l) The requirement that each free-standing birth center be located within a ground-travel-time distance from a general acute care hospital providing obstetric services which
allows for an emergency cesarean delivery to begin within thirty minutes of the decision that
a cesarean delivery is necessary.

(m) Requirements for each free-standing birth center to have agreements or written
policies and procedures with other agencies, institutions, or individuals for services to clients
including but not limited to:

(i) Laboratory and diagnostic services.

(ii) Obstetric consultation services.

(iii) Pediatric consultation services.

(iv) Transport services.

(v) Obstetric and newborn acute care in hospitals.

(n) Requirements for each free-standing birth center to have an established
consultation, collaboration, or referral system, in both emergency and non-emergency
circumstances, that falls outside the scope of birth center practice, to meet the needs of a
mother or baby.

(o) Requirements for transferring and transporting clients to hospitals; protocols for
the transfer of any patient to a licensed hospital; and arrangements with a local ambulance
for the transport of emergency patients to a licensed hospital.

(p) Requirements for documentation of adequate prenatal care during the pregnancy.

(q) Requirements for documentation and evidence that the delivery is expected to be
low-risk, singleton birth, and vertex presentation.

(r) Requirements for meeting specific national standards for birth centers published
or established by the American Association of Birth Centers, as well as requirements for
accreditation by the Commission for Accreditation of Birth Centers.

(s) Other regulations or standards that will ensure proper care and treatment of
persons receiving care and services at the free-standing birth center, that may be deemed
necessary by the department for an effective administration of this Part.

C.(1) No free-standing birth center shall be required to obtain a license pursuant to
this Part until the initial rules, regulations, and licensing standards are promulgated by the
Louisiana Department of Health pursuant to the Administrative Procedure Act.

(2) Each entity that meets the definition of free-standing birth center as defined in
this Part shall submit an initial licensing application and fee to the department within ninety
days of the promulgation of the initial rules, regulations, and licensing standards. If the entity
is not licensed within one hundred twenty days after submission of its initial licensing
application and fee, the entity shall cease operations until such time as it is licensed as a
free-standing birth center by the department.

*Acts 2019, No. 332, §1, eff. June 11, 2019; Acts 2022, No. 271, §4.*

##### **§ 40:2180.26** License issuance; application; fees; onsite inspections {#sec-40-2180.26 omnilex-key=us-la-statutes--rs-title-40--40:2180.26}

A. Each application for licensure as a free-standing birth center shall be submitted
to the department on forms prescribed by the department and shall contain such information
as the department may require. Additional information required by the department shall be
provided by the applicant as requested.

B. Each application for licensure and each license renewal application shall be
accompanied by a nonrefundable license fee in the amount required pursuant to R.S.
40:2006.

C. Following receipt of the completed initial licensing application and fee, the
department shall perform an onsite survey and inspection. If, after the onsite survey and
inspection, the Louisiana Department of Health finds that the free-standing birth center meets
the requirements of this Part and the licensing standards adopted pursuant to this Part, a
license shall be issued.

D. As a condition for renewal of license, the licensee shall submit to the department
a completed annual renewal application on the forms prescribed by the department, which
shall contain all information required by the department. Additionally, the annual renewal
licensing fee shall be submitted with the annual renewal application. Upon receipt of the
completed annual renewal application and the annual renewal fee, the department shall
determine if the free-standing birth center continues to meet the requirements established
pursuant to this Part and the licensing standards adopted pursuant to this Part. The
department may perform an onsite survey and inspection upon annual renewal. If the
provider continues to meet the requirements established pursuant to this Part and the
licensing standards adopted pursuant to this Part, a license shall be issued which shall be
valid for up to one year, unless otherwise revoked or suspended.

E. The department may perform an onsite survey or inspection at reasonable times
as necessary to ensure compliance with this Part and the licensing standards adopted pursuant
to this Part.

*Acts 2019, No. 332, §1, eff. June 11, 2109.*

##### **§ 40:2180.27** Operation without license; penalty {#sec-40-2180.27 omnilex-key=us-la-statutes--rs-title-40--40:2180.27}

A. A free-standing birth center shall not operate without a license issued by the
department. Any center or facility operating without a license in violation of these
provisions shall be charged with a misdemeanor. Upon conviction, that center shall be fined
no less than two hundred fifty dollars and no more than one thousand dollars. Each day of
violation shall constitute a separate offense. It shall be the responsibility of the department
to inform the appropriate district attorney of the alleged violation to ensure enforcement.

B. If a free-standing birth center is operating without a license issued by the
department, the department shall have the authority to issue an immediate cease and desist
order to the center. Any center receiving a cease and desist order from the department shall
immediately cease operations until such time as that provider is issued a license by the
department.

C. The department shall seek an injunction in the Nineteenth Judicial District Court
against any provider or center who receives a cease and desist order from the department, as
provided in Subsection B of this Section, and who does not immediately cease operations.
Any provider or center against whom an injunction is granted shall be liable to the
department for attorney fees, costs, and damages.

*Acts 2019, No. 332, §1, eff. June 11, 2019.*

##### **§ 40:2180.28** Right of inspection; records; reports {#sec-40-2180.28 omnilex-key=us-la-statutes--rs-title-40--40:2180.28}

A. Each free-standing birth center that has applied for a license or that is licensed
pursuant to this Part shall be open at reasonable times for inspection by the department, the
state fire marshal, and any other authorized governmental entity.

B. Every applicant or licensee shall keep all records and make all reports as the
department shall prescribe, and all necessary records shall be available for inspection by the
department or other authorized governmental entity.

*Acts 2019, No. 332, §1, eff. June 11, 2019.*

#### **PART VII** HOSPICES

##### **§ 40:2181** Short title {#sec-40-2181 omnilex-key=us-la-statutes--rs-title-40--40:2181}

This Part may be cited as the "Hospice Licensing Law".

*Acts 1988, No. 941, §2.*

##### **§ 40:2182** Definitions {#sec-40-2182 omnilex-key=us-la-statutes--rs-title-40--40:2182}

As used in this Part:

(1) "Autonomous" refers to a separate and distinct operational entity
which functions under its own administration and bylaws, either within or
independently of a parent organization.

(2) "Core services" are nursing services, physician services, social
work services, counseling services, and support services, including trained
volunteers, and bereavement and pastoral care.

(3) "Department" means the Louisiana Department of Health.

(4) "Hospice" means an autonomous, centrally administered, medically
directed program providing a continuum of home, outpatient, and homelike
inpatient care for the terminally ill patient and his family. It employs an
interdisciplinary team to assist in providing palliative and supportive care to
meet the special needs arising out of the physical, emotional, spiritual, social,
and economic stresses which are experienced during the final stages of illness
and during dying and bereavement.

(5) "Interdisciplinary team" includes representatives from all of the
core services as evidenced by documentation, planning, and team meetings.

(6) "Palliative care" means the reduction or abatement of pain or other
troubling symptoms by appropriate coordination of all services of the hospice
care team required to achieve needed relief of distress.

(7) "Terminally ill" refers to a medical prognosis of limited expected
survival, of approximately six months or less at the time of referral to a
hospice, of an individual who is experiencing an illness for which therapeutic
strategies directed toward cure and control of the disease alone are no longer
appropriate.

*Acts 1988, No. 941, §2.*

##### **§ 40:2183** Licensure required; transferability of license; fees; moratorium {#sec-40-2183 omnilex-key=us-la-statutes--rs-title-40--40:2183}

A. It shall be unlawful to operate or maintain a hospice without first obtaining a license therefor from the department.

B. Application for licensure shall be made by a hospice to the department on forms furnished by the department. Upon determination that the hospice is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided in the published regulations of the department, but not to exceed two years.

C. Repealed by Acts 1999, No. 657, §2, eff. July 1, 1999.

D. The license shall be displayed in a conspicuous place inside the hospice program office; shall be valid only in the possession of the person or public agency to which it is issued; shall not be subject to sale, assignment, or other transfer, voluntary or involuntary; and shall not be valid for any hospice other than the hospice for which originally issued.

E. Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the issuance of licenses for hospices. The department shall not approve for licensure any new hospice until December 31, 2008, in order to allow the department and the hospice industry to examine the uncontrolled growth in providers and Medicaid expenditures that could adversely affect the quality of care available to patients in Louisiana. The moratorium shall apply only to applications for licensure for hospices not postmarked by July 1, 2007. Applications received by the department shall be postmarked no later than 12:00 a.m. on July 1, 2007, to be accepted and reviewed for application for hospice licensure. Any applications postmarked after 12:00 a.m. July 1, 2007, shall be returned to the applicant. All applications shall be accompanied by a licensing fee and applicants shall be ready to be fully operational and prepared for a licensing survey within ninety days of submission of the application. If an applicant is unable to comply with the survey within ninety days of submission of the application, no license shall be issued under the moratorium. A moratorium would allow the department and hospice industry sufficient time to review the current standards, examine the issues, and promulgate new regulations deemed necessary to resolve uncontrolled growth and other issues identified. The provisions of this Subsection shall not apply to state correctional facilities, including Allen Correctional Center and Winn Correctional Center.

*Acts 1988, No. 941, §2; Acts 1999, No. 657, §2, eff. July 1, 1999; Acts 2007, No. 444, §1, eff. July 1, 2007.*

##### **§ 40:2184** Rules, regulations, and standards for licenses {#sec-40-2184 omnilex-key=us-la-statutes--rs-title-40--40:2184}

The administration of this Part is vested in the Louisiana Department of Health. The
department shall:

(1) Prepare and furnish all forms necessary under the provisions of this Part relative
to the licensure of hospices.

(2) Promulgate rules and regulations to carry out the provisions of this Part in
accordance with the Administrative Procedure Act. The rules shall include but not be limited
to the following:

(a) The qualifications for professional and ancillary personnel in order to adequately
furnish hospice care, including a requirement that professional personnel shall possess
current Louisiana licenses or certificates which are otherwise required by law. The position
of social worker shall not require board certification but shall require a master's degree from
an accredited graduate school of social work.

(b) Standards for the organization and quality of patient care.

(c) Procedures for maintaining records.

(d) Standards for inpatient facilities, including minimum requirements for visitation.
The rules shall include the right to consensual nonsexual physical contact, such as
hand-holding or hugging, between a patient and his visitor.

(e) Requirements for informed consent.

(f) Standards for contractual arrangements and professional ancillary hospice
services.

(g) Policies and procedures for:

(i) Admissions criteria.

(ii) Disclosure of financial information.

(iii) Patient and family rights.

(iv) Utilization review.

(v) Confidentiality.

(vi) Quality assurance.

(vii) Staff orientation and training.

(viii) Continuing education of interdisciplinary team members.

(h) Requirements for minimum volunteer services of at least five percent of the total
hours of service.

(i) Interdisciplinary team requirements.

(j) Implementation of the provisions of R.S. 40:2192.

*Acts 1988, No. 941, §2; Acts 1999, No. 657, §1, eff. July 1, 1999; Acts 2019, No. 229, §1; Acts 2023, No. 367, §1.*

##### **§ 40:2185** Inspections {#sec-40-2185 omnilex-key=us-la-statutes--rs-title-40--40:2185}

A. On-site inspections are required for licensure. For Medicare certified hospice programs, licensure site visits shall coincide with Medicare certification and recertification visits whenever feasible.

B. It shall be the duty of the department, through its duly authorized agents, to inspect at regular intervals, not to exceed one year, or such shorter period as may be deemed necessary by the department, and without previous notice, all hospices subject to the provisions of this Part in order to secure compliance with or prevent violation of this Part and department rules and regulations adopted pursuant to this Part.

*Acts 1988, No. 941, §2.*

##### **§ 40:2186** Complaints {#sec-40-2186 omnilex-key=us-la-statutes--rs-title-40--40:2186}

A. It shall be the duty of the department, through its duly authorized agents, to investigate all complaints against hospices as defined in this Part. The department may take such action as is authorized by this Part.

B. The department shall receive, record, and dispose of complaints in accordance with rules and regulations promulgated in accordance with the provisions of this Part.

*Acts 1988, No. 941, §2.*

##### **§ 40:2187** Revocation, suspension, or refusal to renew license; issuance of fines; written notice {#sec-40-2187 omnilex-key=us-la-statutes--rs-title-40--40:2187}

The department shall have the power to deny, revoke, suspend, or refuse to renew a license for a hospice or to impose fines, if an applicant has failed to comply with the provisions of this Part or any published rule or regulation of the department relating to hospices. If a license is denied, revoked, or withdrawn, or a fine is imposed, the action shall be effective when made, and the department shall notify the applicant or licensee of such action in writing immediately. The notice shall state the reason for the denial, revocation, or withdrawal of the license or imposition of such fine. No fine imposed pursuant to this Section shall exceed five hundred dollars.

*Acts 1988, No. 941, §2.*

##### **§ 40:2188** Refusal, revocation, or suspension of license; imposition of fine; appeal procedure {#sec-40-2188 omnilex-key=us-la-statutes--rs-title-40--40:2188}

Upon the refusal of the department to grant a license as provided in this Part, or upon the revocation or suspension of a license, or the imposition of a fine, the agency, institution, corporation, person, or other group affected by such action shall have the right to appeal such action by submitting a written request to the secretary of the department within thirty days after receipt of the notification of the refusal, revocation, suspension of a license, or imposition of a fine. The appeal hearings shall take place no later than thirty days after the request therefor, and shall be conducted in accordance with applicable regulations of the department and the provisions of R.S. 46:107, et seq. This provision shall in no way preclude any party aggrieved by any act or inaction of the department from seeking judicial relief by a writ of mandamus to require compliance with this Part.

*Acts 1988, No. 941, §2.*

##### **§ 40:2189** Operating without or in violation of license; injunctive relief {#sec-40-2189 omnilex-key=us-la-statutes--rs-title-40--40:2189}

If any hospice operates without a valid license issued by the department or if any
organization or entity uses the term "hospice" in its name or represents itself as a "hospice"
without being licensed as provided herein, the department may cause a civil suit for
injunctive relief to be instituted in a district court in the parish in which the facility is located,
including a temporary restraining order, to restrain the institution, agency, corporation,
person or persons, or any other group operating the facility from continuing the violation.
Nothing in this Section shall be construed to prohibit the use of the term "hospice" by
nonprofit organizations qualifying under the provisions of 26 CFR 1.501(c)(3)-1, for the
express purpose of providing support to licensed hospices in Louisiana.

*Acts 1988, No. 941, §2; Acts 2018, No. 206, §4.*

##### **§ 40:2190** Time for making license application {#sec-40-2190 omnilex-key=us-la-statutes--rs-title-40--40:2190}

A. The provisions of this Part shall take effect January 1, 1989, except as provided
herein.

B. The department shall develop appropriate rules and regulations necessary for the
administration of this Part, and shall cause the publication in the Louisiana Register of the
same not later than February 20, 1989.

C. No hospice as defined in this Part shall operate in Louisiana without a license
issued in accordance with the provisions of R.S. 40:2183 after July 1, 1989.

*Acts 1988, No. 941, §2; Acts 2016, No. 614, §8(A).*

##### **§ 40:2191** Disposal of deceased patient's unused controlled substances {#sec-40-2191 omnilex-key=us-la-statutes--rs-title-40--40:2191}

A. Upon death of a patient receiving hospice services, ownership of the patient's
unused Schedule II, III, IV, or V controlled substances under 21 CFR 1308 may transfer to
the hospice for immediate disposal pursuant to the following provisions:

(1) Each hospice shall establish a written procedure to ensure safe disposal of unused
controlled substances by a hospice nurse at the time of a patient's death.

(2) Upon the death of a patient receiving hospice services, in the presence of a
witness, the hospice nurse shall record in the medical record the name and quantity of each
unused controlled substance.

(3)(a) The hospice nurse shall conduct immediate disposal of the controlled
substance at the site of care by complying with the Environmental Protection Agency and
Drug Enforcement Administration guidelines for safe disposal or immediate mail-back to a
registered authorized collector pursuant to 21 CFR 1317.40.

(b) If conducting immediate disposal at the site of care, the hospice nurse shall
perform the disposal in the presence of a witness, who shall sign a document indicating their
witnessing the disposal.

(c) If participating in immediate mail-back to a registered authorized collector, the
hospice nurse shall deposit the unused controlled substance into the mail-back envelope and
seal the envelope at the site of care. This shall be done in the presence of a witness, who shall
sign a document indicating their witnessing the hospice nurse sealing the controlled
substance in the mail-back envelope. The hospice nurse shall immediately initiate its delivery
to the registered authorized collector.

(4) Hospice employees shall not remove any controlled substances from the site of
care, except for the hospice nurse responsible for disposal pursuant to Subparagraph (3)(c)
of this Subsection.

(5) The hospice nurse shall record the method of disposal in the medical record.

B. A copy of the written policy established pursuant to this Section shall be furnished
to each patient and to the patient's healthcare representative at the time the patient is enrolled
in hospice.

*Acts 2018, No. 23, §1.*

##### **§ 40:2192** State certified hospice attendant; certification eligibility; registry {#sec-40-2192 omnilex-key=us-la-statutes--rs-title-40--40:2192}

A. "State certified hospice attendant" means a former inmate of a Louisiana state
prison with a hospice provider license issued by the Louisiana Department of Health who
shall be eligible to be employed as a nonlicensed person by a provider licensed to provide
hospice services pursuant to this Part if the following provisions are satisfied:

(1) He shall not have been convicted of a sex offense as defined by R.S. 15:541.

(2) While incarcerated, he shall have successfully completed the training required
by Subsection B of this Section.

(3) He shall hold a certification issued by the Department of Public Safety and
Corrections.

(4) He shall submit notice of his certification to the Louisiana Department of Health
in a manner prescribed by the department.

(5) There are no federal restrictions or prohibitions against the person providing
hospice services.

B. The Department of Public Safety and Corrections, by a division of the department
that has secured hospice provider licensure pursuant to this Part, shall have the authority to
provide state certified hospice attendant training to an eligible inmate in state custody under
the supervision and direction of a licensed physician or registered nurse. The training shall
include a minimum of:

(1) Forty hours of classroom training, which shall include sixteen hours of skills
training.

(2) Four hours of orientation to the clinical training site.

(3) Forty hours of clinical training, which shall include hands-on patient or resident
care.

C. The Department of Public Safety and Corrections and the Louisiana Department
of Health shall jointly approve a program curriculum for training state certified hospice
attendants, which shall include the time allotted for each unit or subject and the time allotted
to skills instruction including but not limited to:

(1) At least sixteen hours in the following areas, prior to any direct contact with a
patient or resident:

(a) Communication and interpersonal skills.

(b) Infection control.

(c) Safety and emergency procedures.

(d) Promoting patient or resident independence.

(e) Respecting patient or resident rights.

(2) At least sixteen hours of supervised skills practical training prior to clinical
instruction.

(3) Basic caregiving skills.

(4) Personal care skills.

(5) Mental health and social service needs.

(6) Care of residents with intellectual disabilities or other cognitive impairments.

(7) Basic restorative services.

(8) Residents' rights.

D. Upon successful completion of the training program provided for in Subsection
B of this Section, the Department of Public Safety and Corrections shall issue a certificate
of completion to the inmate. The Department of Public Safety and Corrections shall
promulgate rules and regulations necessary to provide for the issuance of the certificate of
completion which shall include the ability to earn the certificate prior to release and any
conditions that may be required to maintain certification in good standing until release.

E. The Louisiana Department of Health shall establish a state certified hospice
attendant registry for the purpose of maintaining an eligibility roster of individuals who have
complied with the provisions of this Section to be employed as a state certified hospice
attendant. Access to the registry shall be limited to an inquiry for a specific state certified
hospice attendant. The Louisiana Department of Health shall promulgate rules and
regulations necessary for the maintenance of the registry which shall include but not be
limited to the form or format in which a certified hospice attendant shall provide and update
his information.

F. The Department of Public Safety and Corrections, in consultation with the
Louisiana Department of Health, shall publish rules and regulations to implement the
curriculum established pursuant to Subsection C of this Section and shall provide for
minimum continuing education or training requirements to maintain state certification in
good standing.

G. Nothing in this Section shall be construed to establish a right to employment with
any licensed hospice provider. However, upon employment the hospice provider shall
disclose to its employees, patients, and patients' immediate family members that the state
certified hospice attendant has successfully completed all state certification training and
registry requirements for employment, including successful completion and release from a
sentence served at a state prison.

*Acts 2019, No. 229, §1.*

#### **PART VIII** LICENSING OF PEDIATRIC DAY HEALTH CARE FACILITIES

##### **§ 40:2193** Short title {#sec-40-2193 omnilex-key=us-la-statutes--rs-title-40--40:2193}

This Part may be cited as the "Pediatric Day Health Care Facility Licensing Law".

*Acts 2004, No. 432, §1, eff. June 24, 2004.*

##### **§ 40:2193.1** Purpose and definitions {#sec-40-2193.1 omnilex-key=us-la-statutes--rs-title-40--40:2193.1}

A. The purpose of this Part is to authorize the Louisiana Department of Health to
promulgate and publish rules and regulations to provide for the health, safety, and welfare
of children in pediatric day health care facilities and to provide for the safe operation of these
facilities. The department shall consult with the following organizations in the development
of the rules and regulations:

(1) The Early Steps Program (Part C, IDEA), office of public health, Louisiana
Department of Health.

(2) The Children's Special Health Services Program, office of public health,
Louisiana Department of Health.

(3) The Bureau of Community Supports and Services, Louisiana Department of
Health.

(4) The state interagency coordinating council for Early Steps Program.

(5) Hospitals that operate Level III regional neonatal intensive care units.

(6) The Arc of Louisiana.

(7) The Louisiana Chapter, American Academy of Pediatrics.

(8) The child care assistance program of the state Department of Education.

B. For purposes of this Part, the following definitions apply:

(1) "Department" means the Louisiana Department of Health.

(2) "License" means a license issued by the Louisiana Department of Health to a
pediatric day health care facility under this Part.

(3) "Licensee" means the person, partnership, company, corporation, association,
organization, professional entity, or other entity to whom a license is granted by the licensing
agency under this Part and upon whom rests the ultimate responsibility and authority for the
conduct of the pediatric day health care facility.

(4) "Medically fragile" means an individual who has a medically complex condition
characterized by multiple, significant medical problems that require extended care.
Medically fragile problems include but are not limited to severe lung disease requiring
oxygen, severe lung disease requiring ventilator or tracheotomy care, complicated spina
bifida, heart disease, malignancy, asthmatic exacerbations, cystic fibrosis exacerbations,
neuromuscular disease, encephalopathies, and seizure disorders.

(5) "Pediatric day health care facility" means a facility that may operate seven days
a week, not to exceed twelve hours a day, to provide care for medically fragile children under
the age of twenty-one, including technology-dependent children who require close
supervision. Care and services to be provided by the pediatric day health care facility shall
include but shall not be limited to:

(a) Nursing care, including but not limited to tracheotomy and suctioning care,
medication management, and IV therapy.

(b) Respiratory care.

(c) Physical, speech, and occupational therapies.

(d) Assistance with aids of daily living.

(e) Transportation services.

(f) Education and training.

(6) "Secretary" means the secretary of the Louisiana Department of Health.

*Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2018, No. 206, §4; Acts 2022, No. 271, §4.*

##### **§ 40:2193.2** License; requirements {#sec-40-2193.2 omnilex-key=us-la-statutes--rs-title-40--40:2193.2}

A. A pediatric day health care facility shall not be established, opened, conducted, managed, maintained, or operated in this state without an appropriate license issued under this Part.

B. A license issued to a pediatric day health care facility shall:

(1) Be valid for one year from the date of issuance, unless revoked or suspended prior to that date.

(2) Expire on the last day of the twelfth month after date of issuance, unless otherwise renewed.

(3) Be on a form prescribed by the department.

(4) Not be transferrable or assignable.

(5) Be valid for only one geographic location.

(6) Be issued only for the person and premises named in the license application.

(7) Be posted in a conspicuous place on the licensed premises.

*Acts 2004, No. 432, §1, eff. June 24, 2004.*

##### **§ 40:2193.3** License issuance; application; renewal; on-site inspection {#sec-40-2193.3 omnilex-key=us-la-statutes--rs-title-40--40:2193.3}

A. An applicant for a pediatric day health care facility license must submit a completed application to the department on a form prescribed by the department.

B. Each application for licensure and application renewal of licensure must be accompanied by a nonrefundable license fee in the amount set by the department in accordance with R.S. 40:2006. The fees herein levied and collected shall be paid into the general fund.

C. Following receipt of the completed application and licensing fee, the department shall issue a license if, after an on-site survey and inspection, it finds that the pediatric day health care facility meets the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department must perform an on-site survey and inspection of the pediatric day health care facility prior to the issuance of the initial license.

D. As a condition for renewal of a license, the licensee must submit to the department a completed annual renewal application on a form prescribed by the department, along with the annual renewal licensing fee. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the pediatric day health care facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department may perform an on-site survey and inspection upon annual renewal. If the pediatric day health care facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued which is valid for one year.

E. The department may perform an on-site inspection at reasonable times as necessary to ensure compliance with this Part.

*Acts 2004, No. 432, §1, eff. June 24, 2004.*

##### **§ 40:2193.4** Department rules; regulations; licensing standards {#sec-40-2193.4 omnilex-key=us-la-statutes--rs-title-40--40:2193.4}

The department shall promulgate rules and regulations in accordance with the
Administrative Procedure Act as may be necessary to carry into effect the provisions of this
Part. Such rules and regulations shall include but not be limited to the following:

(1) Licensure application and renewal application procedures and requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, and comfort of patients
and clients.

(5) Survey and complaint investigations.

(6) Initial and annual renewal of licenses.

(7) Provisional licenses.

(8) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals
therefrom.

(9) Construction and design of the facility to ensure the health, safety, welfare, and
comfort of patients and clients.

(10) General compliance with the current version of "Children with Special Needs
Standards from Caring for Our Children" as developed by the American Academy of
Pediatrics, the American Public Health Association, and the National Resource Center for
Health and Safety in Child Care.

(11) Such other regulations or standards as will ensure proper care and treatment of
patients or clients as may be deemed necessary for an effective administration of this Part.

*Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2018, No. 206, §4.*

##### **§ 40:2193.5** Additional licenses; moratorium; exceptions {#sec-40-2193.5 omnilex-key=us-la-statutes--rs-title-40--40:2193.5}

A. Except as provided in Subsection C of this Section, and subject to approval by
the Centers for Medicare and Medicaid Services, the Louisiana Department of Health shall
implement a moratorium on additional licenses for pediatric day health care facilities, and
shall not approve any additional pediatric day health care facilities.

B.(1) The prohibition established by the provisions of this Section shall apply only
to applications for new facilities not approved prior to July 1, 2016. The prohibition shall
become enforceable on July 1, 2016, and shall remain in effect until July 1, 2017.

(2) The prohibition established by the provisions of this Section shall not apply to
the replacement of existing facilities.

C. The moratorium provided in this Section shall not apply in cases in which a
prospective pediatric day health care facility certifies to the department that it will accept no
payment for services that is funded wholly or in part by state funds, including but not limited
to reimbursement from the state Medicaid program. No pediatric day health care facility that
the department licenses pursuant to the exception authorized in this Subsection may enroll
as a provider in the Medicaid program of this state.

*Acts 2016, No. 254, §1, eff. July 1, 2016.*

##### **§ 40:2193.6** Cameras; condition of licensure {#sec-40-2193.6 omnilex-key=us-la-statutes--rs-title-40--40:2193.6}

A. Each pediatric day health care facility shall provide for the installation and
operation at its licensed premises of cameras that record both video and audio. Compliance
with the provisions of this Section shall be a condition of a pediatric day health care facility's
licensure by the department as provided in this Part.

B. The director of each pediatric day health care facility shall develop and share with
all facility employees and parents of children served at the facility a policy relative to
cameras at the facility that, at minimum, provides for all of the following:

(1) The location and placement of cameras in any room, except a location identified
in Paragraph (2) of this Subsection, in which children may be cared for.

(2) A prohibition against the recording of the interior of a restroom or any other area
in which a child's bare body is normally exposed.

(3) A requirement that written notice of the cameras be provided to facility
employees, parents of children served at the facility, and authorized visitors.

(4) A requirement that all employees who provide services at the facility receive
training concerning the provisions of this Section.

(5) Provisions relative to the duration of retention of video and audio data recorded
by the devices required by this Section and procedures for data storage and disposal.

(6) Procedures for protecting children's privacy and for determining to whom and
under what circumstances video or audio data may be disclosed. Such policies shall restrict
authorization to review video or audio data recorded by the devices required by this Section
to the following persons, exclusively:

(a) The director of the pediatric day health care facility.

(b) The secretary of the department or his designee.

(c) A parent of a recorded child pursuant to an allegation or evidence of abuse,
neglect, or injury.

(d) Any member of law enforcement while investigating, in his official capacity, an
allegation or evidence of abuse, neglect, or injury.

(e) Any party designated in a subpoena issued by a court of law.

(7) A requirement that any person who views a recording showing what he believes
could be a violation of state or federal law shall report the suspected violation to the
appropriate law enforcement agency.

(8) A requirement that any camera installed pursuant to this Section be in compliance
with the National Fire Protection Association Life Safety Code.

C. Recordings made by cameras at pediatric day health care facilities installed and
operated in accordance with this Section shall be kept confidential and are not public records;
however, such a recording may be viewed by a party designated in Paragraph (B)(6) of this
Section.

D. This Section shall be known and may be cited as the "Lane Allen Gottschalck
Law".

*Acts 2022, No. 619, §1, eff. Jan. 1, 2023; Acts 2023, No. 27, §1.*

##### **§ 40:2194** Repealed by Acts 2022, No. 252, §3. {#sec-40-2194 omnilex-key=us-la-statutes--rs-title-40--40:2194}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2194.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-2194.1 omnilex-key=us-la-statutes--rs-title-40--40:2194.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2194.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-2194.2 omnilex-key=us-la-statutes--rs-title-40--40:2194.2}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2194.3** Repealed by Acts 2001, No. 1137, §1. {#sec-40-2194.3 omnilex-key=us-la-statutes--rs-title-40--40:2194.3}

*Repealed by Acts 2001, No. 1137, §1.*

##### **§ 40:2194.4** Repealed by Acts 2001, No. 1137, §1. {#sec-40-2194.4 omnilex-key=us-la-statutes--rs-title-40--40:2194.4}

*Repealed by Acts 2001, No. 1137, §1.*

##### **§ 40:2194.5** Repealed by Acts 2022, No. 252, §3. {#sec-40-2194.5 omnilex-key=us-la-statutes--rs-title-40--40:2194.5}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2194.6** Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001. {#sec-40-2194.6 omnilex-key=us-la-statutes--rs-title-40--40:2194.6}

*Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.*

#### **PART X** COMMUNITY-BASED AND RURAL HEALTH CARE PROGRAM

##### **§ 40:2195** Community-based and rural health care program {#sec-40-2195 omnilex-key=us-la-statutes--rs-title-40--40:2195}

A. The Louisiana Department of Health is authorized to establish,
subject to the availability of funding, a community-based and rural health care
program to expand health care and medical services access to local
communities and rural areas and to encourage development of greater access
to health care services for indigent and low-income citizens of the state.

B. The secretary of the Louisiana Department of Health shall establish
by rule and regulation two distinctly separate processes for the criteria,
application, consideration, selection, and awarding of a grant for an urban
community-based health care program and a rural health care program. In
order to formalize the accountability of these two programs, the secretary of
the Louisiana Department of Health shall also, by rule and regulation,
establish distinctly separate periodic review and reporting requirements for an
urban community-based health care program and a rural health care program.
Such rules and regulations shall be subject to review and approval by the Joint
Legislative Committee on the Budget.

*Acts 1991, No. 394, §1; Acts 1995, No. 363, §1, eff. June 16, 1995.*

##### **§ 40:2195.1** State office of rural health {#sec-40-2195.1 omnilex-key=us-la-statutes--rs-title-40--40:2195.1}

A. Within the Louisiana Department of Health, the Louisiana state office of rural
health shall:

(1) Administer the community-based and rural health care program as provided in
R.S. 40:2195 et seq.

(2) Provide state general funds, as appropriated, to qualified grantees for programs
to increase access to primary and preventive health care in rural areas.

(3) Provide state general funds, as appropriated, to qualified grantees as start-up
funding for establishing primary care health clinics to serve low-income citizens, particularly
in rural areas.

(4) Provide state general funds, as appropriated, to qualified grantees as matching
funds for grants designed to provide health services to low-income citizens, particularly in
rural areas.

(5) Provide technical assistance and grants to aid qualified rural hospitals in attaining
designation as critical access hospitals in accordance with the Medicare rural hospital
flexibility program, as provided in 42 U.S.C. 1395i-4.

(6) Provide statewide technical assistance in conjunction with the Louisiana Rural
Health Association on establishment of rural health clinics and on grant writing, especially
related to rural health outreach grants, telehealth grants, and other grants available to increase
rural health access.

(7) Participate in Robert Wood Johnson Foundation's southern rural access program
and similar programs to improve access to health services for the rural population.

(8) Initiate efforts for recruitment and retention of primary care professionals through
the state loan repayment program as provided in R.S. 40:1205.4, and any other similar
programs to increase the number of healthcare professionals in rural areas.

(9) A primary function of this office shall be to increase the supply of physicians and
other healthcare providers to the underserved areas of this state. This office may seek grants
and financial inducements to entice medical students, nurse practitioners, physician
assistants, and nurses to locate in the rural area. This office may seek funds for equipment
and start-up costs for medical providers wishing to locate in underserved areas.

(10) Reorganization of the delivery of medical care shall be undertaken such that
rural hospitals become centers of primary and preventive health delivery and medical
services, including but not limited to medical education, immunizations, early detection of
disease states, and dietary instruction.

(11) Develop and implement a strategic plan for the purposes of maintaining,
enhancing, and expanding services currently offered by rural healthcare providers, including
rural hospitals as defined in R.S. 40:1189.3, to obtain additional grants and funding from any
and all public or private entities, including but not limited to the United States Department
of Health and Human Services, the United States Department of Agriculture, and charitable
organizations and foundations. In developing and implementing a strategic plan pursuant to
this Paragraph, the secretary of the Louisiana Department of Health shall consult with rural
healthcare provider organizations. In addition the secretary shall submit a report to the
legislature at least sixty days prior to the beginning of each regular session of the legislature
detailing the progress in implementing the strategic plan. The report shall also set out the
goals and objectives of the strategic plan for the next state fiscal session including the level
of funding necessary to achieve those goals and objectives.

B. It is further declared that the Louisiana strategic plan against poverty is the policy
and responsibility of the state of Louisiana such that first priority shall be given to the
comprehensive, coordinated use of resources, personnel, programs, and services to alleviate
the pervasive, persistent poverty that limits the progress of the state and constricts the lives
of its citizens. With this concerted effort, the state declares the alleviation of poverty in
Louisiana to be its top priority and dedicates all of its resources to supporting and enhancing
comprehensive community development in order to strengthen the state's economic and
social fabric, thereby moving the state and its people forward.

C. The purpose of this Section is to stimulate business and industrial growth and
provide for a better delivery of health and medical services in these areas of the state by the
coordination of economic development and healthcare resources, whether such resources
originate from state or federal plans or programs, and to create priority healthcare and
economic development zones to better serve the citizens of the region.

*Acts 2002, 1st Ex. Sess., No. 162, §2, eff. April 26, 2002; Acts 2018, No. 206, §4; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.*

##### **§ 40:2195.2** Grants and funding; Community-Based and Rural Health Care Fund {#sec-40-2195.2 omnilex-key=us-la-statutes--rs-title-40--40:2195.2}

A. Subject to the availability of funding, the Louisiana Department of Health is
authorized to provide:

(1) Grants to rural hospitals in amounts not to exceed seventy-five thousand dollars
per year in order to increase access to emergency health services to indigent and low-income
citizens in rural areas.

(2) Start-up funding in amounts not to exceed one hundred fifty thousand dollars for
the purpose of providing initial start-up costs for establishment of primary care health clinics
designed to serve indigent and low-income citizens.

(3) Matching funds in amounts not to exceed fifty thousand dollars per year to local
communities or parishes to encourage physicians to establish their practices in local
communities and rural areas by providing minimum salary guarantees.

(4) Matching funds for demonstration projects, including but not limited to
establishment or acquisition of mobile health clinics, to organizations providing healthcare
services to indigent and low-income citizens living in local communities and rural areas;
however, such projects shall be required to secure other local or federal funding.

(5) Matching funds for federal grants designed to provide health services to indigent
or low-income citizens in local communities and rural areas.

B. Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.

*Acts 1991, No. 394, §1; Acts 1992, No. 810, §1; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2018, No. 206, §4.*

##### **§ 40:2195.3** Rural referral centers {#sec-40-2195.3 omnilex-key=us-la-statutes--rs-title-40--40:2195.3}

The Louisiana Department of Health shall, subject to federal approval,
provide for adjustments in the disproportionate share Medicaid reimbursement
formula to provide increased support for hospitals which are classified as rural
referral centers.

*Acts 1991, No. 394, §1.*

##### **§ 40:2195.4** Rules and regulations {#sec-40-2195.4 omnilex-key=us-la-statutes--rs-title-40--40:2195.4}

The Louisiana Department of Health shall promulgate, in accordance
with provisions of the Administrative Procedure Act, rules and regulations
necessary to implement the community-based and rural health care program.
The rules and regulations promulgated by the department shall establish
criteria and priorities for granting funds authorized by this Part.

*Acts 1991, No. 394, §1.*

##### **§ 40:2195.6** Repealed by Acts 2022, No. 252, §3. {#sec-40-2195.6 omnilex-key=us-la-statutes--rs-title-40--40:2195.6}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196 omnilex-key=us-la-statutes--rs-title-40--40:2196}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196.1** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196.1 omnilex-key=us-la-statutes--rs-title-40--40:2196.1}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196.2 omnilex-key=us-la-statutes--rs-title-40--40:2196.2}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196.3** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196.3 omnilex-key=us-la-statutes--rs-title-40--40:2196.3}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196.4** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196.4 omnilex-key=us-la-statutes--rs-title-40--40:2196.4}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196.5** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196.5 omnilex-key=us-la-statutes--rs-title-40--40:2196.5}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196.6** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196.6 omnilex-key=us-la-statutes--rs-title-40--40:2196.6}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2196.7** Repealed by Acts 2022, No. 252, §3. {#sec-40-2196.7 omnilex-key=us-la-statutes--rs-title-40--40:2196.7}

*Repealed by Acts 2022, No. 252, §3.*

#### **PART XI-A** RURAL HEALTH CLINICS, LICENSURE

##### **§ 40:2197** Licensure of rural health clinics {#sec-40-2197 omnilex-key=us-la-statutes--rs-title-40--40:2197}

A. In order to receive certification by the Health Care Financing Administration, or
its successor, and designated reimbursement for any rural health clinic service under
Medicaid or Medicare, a rural health clinic, as defined herein, shall be licensed as such by
the Louisiana Department of Health. Designated Medicaid reimbursement for any service
as a rural health clinic in the state, which is not licensed as such, is prohibited.

B. The department shall prescribe and publish minimum standards, rules, and
regulations as necessary to effectuate the provisions of this Section. Such rules and
regulations shall include but not be limited to all of the following:

(1) Operational and personnel requirements.

(2) Practice standards to assure quality of care.

(3) Licensure application procedures and requirements.

(4) Initial and annual renewal of license investigations.

(5) Complaint investigations.

(6) Reimbursement policies, procedures, and requirements.

(7) Denial, revocation, and nonrenewal of licenses and the appeals thereof.

C. A license issued under the provisions of this Part is not transferrable or assignable
between persons, rural health clinics, or both.

D. For purposes of this Part, a "rural health clinic" means a facility which is engaged
in furnishing primary health services to outpatients by physicians, physician assistants, or
nurse practitioners, including but not limited to health services related to family medicine,
internal medicine, pediatrics, obstetrics, and gynecology, and such services and supplies
incident thereto. Such facility shall be located in an area that is not an urbanized area, as
defined by the Bureau of the Census, in which there are insufficient numbers of needed
healthcare practitioners, as determined by the secretary of the United States Department of
Health and Human Services, and which has been determined to be a rural health clinic by the
secretary of that department under 42 U.S.C. 1395aa(a).

E. Nothing in this Part shall restrict the ability of any private physician to receive
reimbursement under Medicaid or Medicare for services provided other than rural health
clinic services.

F.(1) No provision of this Part, or any rule or regulation adopted pursuant thereto,
restricting location of a rural health clinic shall apply to an applicant for licensure as a rural
health clinic if the applicant or a related entity agreed to establish such clinic as part of an
agreement providing for the sale or transfer of a hospital service district hospital approved
by the electorate of the district prior to July 1, 1997.

(2) A rural health clinic described in Paragraph (1) of this Subsection shall not be
required to be licensed by the state in order to receive certification as a rural health clinic by
the Health Care Financing Administration, or its successor, for a period of one year after July
15, 1997.

G. Notwithstanding the provisions of Subsection A of this Section to the contrary,
a rural health clinic that meets the definition of the Health Care Financing Administration,
or its successor, as hospital-based and is operated by a rural hospital as defined in R.S.
40:1189.3 shall not be required to secure a separate license to receive certification by the
Health Care Financing Administration, or its successor, and designated reimbursement under
Medicaid and Medicare as long as the rural hospital meets state licensure requirements. Such
hospital shall assure that the clinic meets all other requirements of this Section, as well as any
pursuant rules and regulations promulgated by the Louisiana Department of Health pertaining
to rural health clinics. The provisions of this Subsection shall only become effective if and
when the Louisiana Department of Health receives a determination from the Health Care
Financing Administration, or its successor, that rural health clinic services are considered
outpatient hospital services and eligible for uncompensated care costs reimbursement only
if the rural health clinic services are not performed in a separately licensed facility.

*Acts 1997, No. 1333, §1, eff. July 15, 1997; Acts 1999, No. 1279, §1; Acts 2004, No. 36, §1; Acts 2018, No. 206, §4.*

#### **PART XII** RURAL HEALTH CARE AUTHORITY

##### **§ 40:2198** Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010. {#sec-40-2198 omnilex-key=us-la-statutes--rs-title-40--40:2198}

*Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010.*

##### **§ 40:2198.1** Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010. {#sec-40-2198.1 omnilex-key=us-la-statutes--rs-title-40--40:2198.1}

*Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010.*

##### **§ 40:2198.2** Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010. {#sec-40-2198.2 omnilex-key=us-la-statutes--rs-title-40--40:2198.2}

*Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010.*

##### **§ 40:2198.3** Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010. {#sec-40-2198.3 omnilex-key=us-la-statutes--rs-title-40--40:2198.3}

*Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010.*

##### **§ 40:2198.4** Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010. {#sec-40-2198.4 omnilex-key=us-la-statutes--rs-title-40--40:2198.4}

*Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010.*

##### **§ 40:2198.5** Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010. {#sec-40-2198.5 omnilex-key=us-la-statutes--rs-title-40--40:2198.5}

*Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010.*

##### **§ 40:2198.6** Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010. {#sec-40-2198.6 omnilex-key=us-la-statutes--rs-title-40--40:2198.6}

*Repealed by Acts 2010, No. 743, §20, eff. July 1, 2010.*

#### **PART XII-A** PAIN MANAGEMENT CLINICS

##### **§ 40:2198.11** Definitions {#sec-40-2198.11 omnilex-key=us-la-statutes--rs-title-40--40:2198.11}

As used in this Part, the following definitions shall apply unless the content clearly
states otherwise:

(1) "Board" means the Louisiana State Board of Medical Examiners.

(2) "Department" means the Louisiana Department of Health.

(3) "Pain management clinic" means a publicly or privately owned facility which
primarily engages in the treatment of pain by prescribing narcotic medications.

(4) "Physician" means an individual who possesses a current, unrestricted license to
practice medicine in Louisiana, who during the course of his practice has not been denied the
privilege of prescribing, dispensing, administering, supplying, or selling any controlled
dangerous substance and who has not during the course of his practice had board action taken
against his medical license as a result of dependancy on drugs or alcohol.

*Acts 2005, No. 488, §1, eff. July 11, 2005; Acts 2006, No. 665, §1.*

##### **§ 40:2198.12** Licensure of pain management clinics; rules and regulations {#sec-40-2198.12 omnilex-key=us-la-statutes--rs-title-40--40:2198.12}

A. Except as provided in Subsection D of this Section, all pain management clinics
shall be owned and operated by a physician certified in the subspecialty of pain management
by a member board of the American Boards of Medical Specialties. All pain management
clinics shall be licensed by the department.

B.(1) The department shall prescribe and publish minimum standards, rules, and
regulations as necessary to effectuate the provisions of this Section. Such rules and
regulations shall include but not be limited to all of the following:

(a) Operational and personnel requirements.

(b) Practice standards to assure quality of care, including the requirement that
prescriptions may be written for the medication to last a period of no longer than thirty days
without any refills. A refill may be authorized only if the individual is personally examined
by the pain specialist.

(c) Licensure application procedures and requirements.

(d) Initial and annual renewal of license investigations.

(e) Complaint investigations.

(f) Reimbursement policies, procedures, and requirements.

(g) Denial, revocation, and nonrenewal of licenses and the appeals thereof.

(2) The board shall prescribe and publish minimum standards with respect to pain
management clinics and the physicians who may practice in such clinics.

C. A license issued under the provisions of this Part is not transferrable or assignable
between persons, pain management clinics, or both.

D.(1) The following shall apply to pain management clinics operating on or before
June 15, 2005, pursuant to an occupational license or certificate of operation which has not
been suspended or revoked:

(a) The pain management clinic shall not be owned, either in whole or in part, by or
have any contractual relationship, whether through employment or by independent contract,
with a physician who during the course of his practice has been denied the privilege of
prescribing, dispensing, administering, supplying, or selling any controlled dangerous
substance and who has, during the course of his practice had board action taken against his
medical license as a result of dependency on drugs or alcohol.

(b) The pain management clinic shall be operated by a medical director who shall
be a physician.

(c) The pain management clinic shall not be owned, in whole or in part, by a person
who has been convicted of or who has pled guilty or nolo contendere to an offense that
constitutes a felony.

(d) The pain management clinic shall not be owned, in whole or in part, by a person
who has been convicted of or who has pled guilty or nolo contendere to an offense that
constitutes a misdemeanor, the facts of which relate to the distribution or illegal prescription
of any narcotic.

(e) The pain management clinic shall operate as an urgent care facility, offering
primary or acute health services in addition to caring for those with chronic pain and shall
have held itself out to the public as such.

(f) The pain management clinic shall implement policies and procedures that are
consistent with all pain management regulations issued by the State Board of Medical
Examiners.

(g) A pain management clinic which is exempted from the requirement of being
owned and operated by a physician certified in the subspeciality of pain management may
relocate and continue to be exempted from the requirement of being owned and operated by
a physician certified in the subspeciality of pain management if the new location is in the
same parish in which the original clinic was located.

(h) All pain management clinics shall submit to the department all relevant
documentation proving valid operation before June 15, 2005, including but not limited to
occupational licenses or certificates of operation issued by local authorities.

(2) A pain management clinic that is not licensed by or has not made an application
to the department for licensure under this Part on or before August 1, 2014, shall not be
licensed under the exemption to Subsection A of this Section as provided for in this
Subsection.

E. The provisions of this Part shall not apply to any of the following:

(1) A medical or dental school or outpatient clinic associated with a medical or
dental school.

(2) A hospital, including any outpatient facility or clinic of the hospital that is
separated physically from the hospital, or any other medical or dental facility that is licensed
and regulated by the department.

(3) A hospice established pursuant to R.S. 40:2181 et seq.

(4) A facility maintained or operated by the state of Louisiana or a governmental
entity of this state.

(5) A clinic maintained or operated by the United States or by any of its departments,
offices, or agencies.

*Acts 2005, No. 488, §1, eff. July 11, 2005; Acts 2006, No. 665, §1; Acts 2014, No. 714, §1, eff. June 18, 2014.*

##### **§ 40:2198.13** Annual fee; use of proceeds {#sec-40-2198.13 omnilex-key=us-la-statutes--rs-title-40--40:2198.13}

There shall be an annual license fee to be set by the department not to exceed one thousand dollars for any license issued in accordance with the provisions of this Part. Monies collected for annual fees shall be used for the investigation and enforcement of the provisions of this Part.

*Acts 2005, No. 488, §1, eff. July 11, 2005.*

#### **PART XIII** PROVISIONS COMMON TO HEALTHCARE FACILITIES AND SERVICES

#### **SUBPART A** LICENSING ENFORCEMENT

##### **§ 40:2199** Violations; penalties; fines; notice; hearings; appeal; licensed entities {#sec-40-2199 omnilex-key=us-la-statutes--rs-title-40--40:2199}

A.(1) For purposes of this Subpart, "facility" shall mean any one or more of the
following: an adult day health care facility, substance abuse/addiction treatment facility,
ambulatory surgery center, case management facility, urine drug screening facility, mobile
cholesterol screening facility, end stage renal disease facility, supplier of portable X-ray
services, home health agency, hospice, hospital, ICF/DD facility, outpatient abortion facility,
or any other healthcare provider licensed or certified by the Louisiana Department of Health. (2) The opening or operation of a facility without a license or registration therefor
shall be a misdemeanor, punishable upon conviction by a fine of not less than one thousand
dollars nor more than five thousand dollars. Each day's violation shall constitute a separate
offense.

(3) It shall be a violation to operate a facility which holds a current license,
registration, or certificate if one of the following apply:

(a) As a result of a licensure or certification survey, it is determined by an agency to
be in violation of one or more conditions of licensure or certification and has failed to correct
such conditions of violation within the time prescribed by law or by the agency.

(b) As a result of one or more third-party complaints, it is determined by an agency
to have been in violation of one or more conditions of licensure or certification resulting
directly in the incident which gave rise to such third-party complaint.

(4) Any violation provided for in Paragraph (3) of this Subsection shall entitle both
the facility and the complainant to an administrative appeal.

(5) A "facility" shall not include any individual healthcare provider who is licensed
or certified by one of the boards under the Louisiana Department of Health. These boards
include but are not limited to the Louisiana Board of Pharmacy, Louisiana Physical Therapy
Board, Louisiana State Board of Medical Examiners, Louisiana Board of Dentistry, and the
Louisiana State Board of Optometry Examiners.

B.(1) Any person or entity violating the provisions of Paragraph A(3) of this Section
when such a violation poses a threat to the health, safety, rights, or welfare of a resident or
client may be liable for civil fines in addition to any criminal action which may be brought
under other applicable laws. The department shall adopt rules in accordance with the
Administrative Procedure Act which define specific classifications of violations, articulate
factors in assessing civil fines including mitigating circumstances such as an effective
corporate compliance program, and explain the treatment of continuing and repeat
deficiencies.

(2) A schedule of civil fines by class of violations shall be as follows:

(a) Class A - Violations that create a condition or occurrence relating to the operation
and maintenance of a facility, which result in death or serious harm to a resident or client.
Civil fines shall not exceed two thousand five hundred dollars for the first violation and shall
not exceed five thousand dollars per day for repeat violations.

(b) Class B -Violations that create a condition or occurrence relating to the operation
and maintenance of a facility which create a substantial probability that death or serious
physical or mental harm to a resident or client will result from the violation Civil fines shall
not exceed one thousand five hundred dollars for the first violation and shall not exceed three
thousand dollars per day for repeat violations.

(c) Class C - Violations that create a condition or occurrence relating to the operation
and maintenance of a facility which create a potential for harm by directly threatening the
health, safety, rights, or welfare of a resident or client. Civil fines shall not exceed one
thousand dollars for the first violation and shall not exceed two thousand dollars per day for
repeat violations.

(d) Class D - Violations related to administrative and reporting requirements that do
not directly threaten the health, safety, rights, or welfare of a resident or client. Civil fines
shall not exceed one hundred dollars for the first violation and shall not exceed two hundred
fifty dollars per day for repeat violations.

(e) Class E - Violations for failure of a facility to submit a statistical or financial
report in a timely manner as required by regulation. Civil fines shall not exceed fifty dollars
for the first offense and shall not exceed one hundred dollars per day for repeat violations.

(3) The aggregate fines assessed for violations determined in any one month shall
not exceed five thousand dollars, except that the aggregate fines assessed for Class A repeat
violations shall not exceed twenty thousand dollars in any one month, and the aggregate fines
assessed for Class B repeat violations shall not exceed fifteen thousand dollars in any one
month.

C. The department shall adopt rules and regulations in accordance with the
Administrative Procedure Act to provide for notice to the facility of any violation, for an
informal reconsideration process, and for an appeal procedure including judicial review.
Such appeal shall be suspensive. The facility shall have the right to a devolutive appeal.

D. The facility shall furnish, with an appeal, a bond in the minimum amount of one
and one-half times the amount of the fine imposed by the department. The bond furnished
shall provide in substance that it is furnished as security that the facility will prosecute its
appeal, that any judgment against it, including court costs, will be paid or satisfied from the
amount furnished, or that otherwise the surety is liable for the amount assessed against the
facility. The appeal shall be heard in a summary proceeding which shall be given precedence
over other pending matters.

E. The department may institute all necessary civil action to collect fines imposed
and not timely appealed. No facility may claim imposed fines or interest as reimbursable
costs, nor increase charges to residents or clients as a result of such fines or interest. Interest
shall begin to accrue at the current judicial rate on the day following the date on which any
fines become due and payable.

F.(1) Except as provided in Subsection G of this Section, after compliance with the
requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the
Bond Security and Redemption Fund and prior to the monies being placed in the state
general fund, an amount equal to the civil fines collected under the provisions of this Section
shall be credited to a special fund created in the state treasury to be known as the "Health
Care Facility Fund", hereinafter referred to as "the fund".

(2) The monies in the fund shall be subject to annual appropriation by the legislature
and shall be available exclusively for the use by the Louisiana Department of Health for:

(a) The protection of health, welfare, rights, or property of those receiving services
from the healthcare facilities licensed or certified by the Louisiana Department of Health.

(b) The enforcement of sanctions against healthcare facilities licensed or certified
by the Louisiana Department of Health.

(c) Education, employment, and training of employees, staff, or other personnel of
healthcare facilities licensed or certified by the Louisiana Department of Health.

(d) Programs designed to improve the quality of care in healthcare facilities.

(3) The monies in the fund shall be invested by the treasurer in the same manner as
the monies in the state general fund, and all interest earned from the investment of monies
in the fund shall be deposited in and remain to the credit of the fund. All unexpended and
unencumbered monies remaining in the fund at the end of the fiscal year shall remain in the
fund.

(4) The secretary of the Louisiana Department of Health is authorized to promulgate
rules and regulations in accordance with the Administrative Procedure Act to provide for the
administration of the fund.

G.(1) After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
monies being placed in the state general fund, an amount equal to the civil fines collected
from home health agencies under the provisions of this Section and civil fines and monetary
penalties imposed or levied by the Centers for Medicare and Medicaid Services against home
health agencies and remitted to the state shall be credited to a special fund hereby created in
the state treasury to be known as the "Home Health Agency Trust Fund", hereinafter referred
to as the "HHA Trust Fund". The monies in the HHA Trust Fund shall be invested by the
treasurer in the same manner as monies in the state general fund and all interest earned from
the investment of the monies in the HHA Trust Fund shall be deposited to and remain to the
credit of the HHA Trust Fund. All unexpended and unencumbered monies remaining in the
HHA Trust Fund at the close of the fiscal year shall remain in the HHA Trust Fund. (2) The monies in the HHA Trust Fund shall be subject to annual appropriation and
shall be used solely in accordance with the provisions of 42 CFR Part 488 and subject to
approval by the Centers for Medicare and Medicaid Services.

(3) The treasurer shall transfer an amount equal to any civil fines or penalties from
home health agencies remitted to the state by the Centers for Medicare and Medicaid
Services prior to the creation of the HHA Trust Fund into the HHA Trust Fund after the
effective date of this Act.

(4) The secretary of the Louisiana Department of Health is authorized to promulgate
rules in accordance with the Administrative Procedure Act to provide for the administration
of the HHA Trust Fund.

*Acts 1997, No. 1390, §1; Acts 1999, No. 1311, §1; Acts 2001, No. 391, §1; Acts 2001, No. 1185, §4, eff. July 1, 2001; Acts 2003, No. 201, §1; Acts 2008, No. 785, §1, eff. July 7, 2008; Acts 2015, No. 113, §1, eff. June 19, 2015; Acts 2018, No. 206, §4; Acts 2022, No. 461, §§1, 2A.*

##### **§ 40:2199.1** Adoption of rules; violations; alternate remedies {#sec-40-2199.1 omnilex-key=us-la-statutes--rs-title-40--40:2199.1}

A. The Louisiana Department of Health is hereby authorized to and shall adopt rules
in accordance with the Administrative Procedure Act to provide remedies for healthcare
facilities which have violations of the licensure standards and requirements, of certification
requirements, or of the Medicaid standards of participation. Such remedies shall include but
are not limited to:

(1) Denial of Medicaid payment with respect to any individual admitted to or
provided services by a facility.

(2) Denial of new admissions into the facility or by the provider.

(3) Removal from the freedom of choice list.

(4) The transfer of residents, clients, patients, or individuals receiving services.

(5) Suspension of license.

(6) Alternate remedies to deter noncompliance and correct deficiencies.

B. The department, by rules adopted pursuant to the Administrative Procedure Act,
shall specify criteria as to when and how each remedy is to be applied, the severity of the
remedies to be used in the imposition of such remedies, and the procedure and requirements
for applying each remedy.

C. The department, by rules adopted pursuant to the Administrative Procedure Act,
shall provide a process for an administrative appeal of remedies imposed. If the secretary
of the department determines the violations of the facility pose an imminent or immediate
threat to the health, welfare, or safety of any resident, client, patient, or individual receiving
services, the imposition of the remedy may be immediate and may be enforced during the
pendency of the administrative appeal.

D. The department shall enforce rules adopted pursuant to this Section and, when
determined necessary, may petition a court of competent jurisdiction and proper venue to
judicially enforce any such rule.

*Acts 2008, No. 518, §1, eff. June 30, 2008; Acts 2018, No. 206, §4; Acts 2022, No. 461, §2A.*

#### **SUBPART B** HEALTHCARE WORKPLACE VIOLENCE PREVENTION

##### **§ 40:2199.11** Purpose {#sec-40-2199.11 omnilex-key=us-la-statutes--rs-title-40--40:2199.11}

The purpose of this Subpart is to protect public health and safety by establishing
policies and practices through which incidents of workplace violence in healthcare settings
can be properly addressed, mitigated, and, wherever possible, prevented.

*Acts 2022, No. 461, §§1, 2B.*

##### **§ 40:2199.12** Definitions {#sec-40-2199.12 omnilex-key=us-la-statutes--rs-title-40--40:2199.12}

As used in this Subpart, the following terms have the meaning ascribed to them in
this Section:

(1) "Department" means the Louisiana Department of Health and any healthcare
professional licensing board transferred to and placed within the department pursuant to R.S.
36:259(A).

(2) "Licensing board" means any board or commission that has the duty to license
a regulated entity as defined in this Section.

(3) "Regulated entity" means any healthcare entity such as a licensed healthcare
facility listed in R.S. 40:2006(A)(2), a federally qualified health center as defined in R.S.
40:1183.3, a pharmacy permitted in accordance with Part IV of Chapter 14 of Title 37 of the
Louisiana Revised Statutes of 1950, and any office of a healthcare provider that treats
patients and such office is not otherwise licensed by the state but provides healthcare services
delivered by a licensee of a healthcare professional licensing board created in Title 37 of the
Louisiana Revised Statutes of 1950. A healthcare entity shall not be considered a regulated
entity if it employs five or fewer licensed medical providers, such as a physician, pharmacist,
advanced practice registered nurse, physician assistant, or dentist.

(4) "Workplace violence" means violent acts, including battery or the intentional
placing of another person in reasonable apprehension of sustaining battery, directed toward
persons at work or on duty with their employment.

*Acts 2022, No. 461, §§1, 2B; Acts 2024, No. 624, §1.*

##### **§ 40:2199.13** Licensed healthcare facilities; signage addressing workplace violence required {#sec-40-2199.13 omnilex-key=us-la-statutes--rs-title-40--40:2199.13}

A. Each regulated entity shall display at its premises at least one sign that conforms
with the specifications of Subsection B of this Section and indicates that abuse of or
workplace violence against healthcare staff will not be tolerated and could result in a felony
conviction under R.S. 14:38 or other applicable criminal laws.

B. Each sign displayed in accordance with the requirements of this Section shall
conform with all of the following specifications:

(1) The sign shall be posted in a conspicuous location in a publicly accessible area
of the regulated entity's facility.

(2) The sign shall be at least eighteen inches tall by eighteen inches wide and written
in the English language with letters not less than one square inch in size.

*Acts 2022, No. 461, §§1, 2B.*

##### **§ 40:2199.14** Healthcare workplace violence; public information {#sec-40-2199.14 omnilex-key=us-la-statutes--rs-title-40--40:2199.14}

A. The department shall develop, publish, and maintain public information regarding
the issue of healthcare workplace violence on its website.

B. The information provided by the department pursuant to this Section shall
include, at a minimum, all of the following:

(1) A listing of best practices, toolkits, and resources on the issue of healthcare
workplace violence from governmental and private authorities including, without limitation,
the Occupational Safety and Health Administration and the Joint Commission.

(2) Actions that regulated entities can take and policies that such entities can adopt
to prevent, respond to, report, and mitigate healthcare workplace violence.

(3) A checklist of items for regulated entities to consider when developing a
workplace violence prevention plan.

C. The website on which the department publishes information regarding healthcare
workplace violence shall include a downloadable example of text that complies with the
provisions of R.S. 40:2199.13(A) relative to signage required to be displayed at facilities of
regulated entities.

*Acts 2022, No. 461, §§1, 2B.*

##### **§ 40:2199.15** Healthcare workplace violence prevention plans {#sec-40-2199.15 omnilex-key=us-la-statutes--rs-title-40--40:2199.15}

A.(1) Each regulated entity shall develop and maintain a workplace violence
prevention plan that includes, at minimum, all of the following resources:

(a) Resources for ongoing education on the issue of workplace violence.

(b) Resources for prevention of workplace violence.

(c) Resources on responding to incidents of workplace violence and debriefing with
respect to such incidents and responses thereto.

(2) Each healthcare workplace violence prevention plan developed pursuant to this
Section shall address and encompass all of the following:

(a) Personnel education and policies requiring all healthcare workers who provide
direct care to patients to receive, at least annually, education and training in a format that
provides an opportunity for interactive questions and answers with a person knowledgeable
about the workplace violence prevention plan. The education and training delivered pursuant
to a workplace violence prevention plan shall cover topics including but not limited to all of
the following:

(i) How to recognize the potential for violence to occur.

(ii) When and how to seek assistance to prevent or respond to violence.

(iii) How to report violent incidents to law enforcement.

(iv) Resources available to employees for coping with incidents of workplace
violence.

(b) A system for responding to and investigating violent incidents and situations
involving violence.

(c) A system for regularly, and not less than annually, assessing and improving upon
factors that may contribute to or help in preventing workplace violence. This system shall
address, without limitation, all of the following aspects of the workplace:

(i) Staffing, including staffing patterns that may contribute to, or be insufficient to
address, the risk of violence.

(ii) Sufficiency of security systems including alarms, emergency response systems,
and availability of security personnel.

(iii) Job design, equipment, and facilities.

(iv) Security risks associated with particular units of the workplace, areas of the
regulated entity's facility with uncontrolled access, late night or early morning shifts, and
areas surrounding the facility such as employee parking areas.

(d) A requirement that the regulated entity maintain and make available to its
employees a written safety and security plan.

B. The department may prescribe additional required content beyond the material
required by Subsection A of this Section for workplace violence prevention plans.

C. Each regulated entity shall orient all permanent and temporary employees of the
entity's facility to the workplace violence prevention plan of the entity.

D. Each regulated entity shall maintain its workplace violence prevention plan in
effect at all times.

*Acts 2022, No. 461, §1, 2B.*

##### **§ 40:2199.16** Acts of workplace violence at licensed healthcare facilities; reporting required {#sec-40-2199.16 omnilex-key=us-la-statutes--rs-title-40--40:2199.16}

A. Each regulated entity shall report to the proper authority, as required by the
entity's workplace violence prevention plan, any instance of workplace violence that occurs
on its property.

B. If an instance of workplace violence at a regulated entity's facility results in injury,
involves the use of a firearm or other dangerous weapon, or presents an urgent or emergent
threat to the welfare, health, or safety of facility personnel, the regulated entity shall report
the incident within twenty-four hours.

*Acts 2022, No. 461, §§1, 2B.*

##### **§ 40:2199.17** Retaliation in connection with reporting healthcare workplace violence; prohibition {#sec-40-2199.17 omnilex-key=us-la-statutes--rs-title-40--40:2199.17}

A. No regulated entity shall take any retaliatory action against a person who, in good
faith, reports an allegation of or an instance of workplace violence.

B. No regulated entity shall prohibit an employee from, or take punitive or retaliatory
action against an employee for, seeking assistance and intervention from local emergency
services or law enforcement when a violent incident occurs.

C. No regulated entity shall discharge, demote, suspend, threaten, or harass an
employee, or discriminate against an employee in the terms and conditions of his
employment, because of any lawful act engaged in by the employee, or taken on behalf of the
employee, in reporting to law enforcement a crime or allegation involving workplace
violence at the regulated entity's facility.

D. The employee protections provided for in this Section shall be in addition to, and
shall not replace, any protections conferred by the provisions of Title 23 of the Louisiana
Revised Statutes of 1950.

*Acts 2022, No. 461, §§1, 2B.*

##### **§ 40:2199.18** Enforcement {#sec-40-2199.18 omnilex-key=us-la-statutes--rs-title-40--40:2199.18}

A. The department or a licensing board may take action against any license it has
issued to a regulated entity or an owner of such an entity, up to and including license
revocation, to enforce the provisions of this Subpart. The department may make appropriate
referrals to other state or federal agencies and offices that may have jurisdiction over
workplace violence or retaliation allegations.

B. With respect to enforcement of this Subpart, the department shall adopt rules and
regulations in accordance with the Administrative Procedure Act to provide for all of the
following:

(1) Penalties associated with violations of particular provisions of this Subpart.

(2) Notice to a regulated entity of a violation.

(3) An informal reconsideration process.

(4) An appeal procedure including judicial review.

*Acts 2022, No. 461, §§1, 2B.*

##### **§ 40:2199.19** Rulemaking {#sec-40-2199.19 omnilex-key=us-la-statutes--rs-title-40--40:2199.19}

The department and each licensing board shall promulgate in accordance with the
Administrative Procedure Act all such rules as are necessary to implement the provisions of
this Subpart.

*Acts 2022, No. 461, §§1, 2B.*

#### **PART XIV** ALZHEIMER'S DISEASE AND DEMENTIA TRAINING

#### **SUBPART A** DEMENTIA TRAINING

##### **§ 40:2200.1** Definitions {#sec-40-2200.1 omnilex-key=us-la-statutes--rs-title-40--40:2200.1}

For the purposes of this Part, "Alzheimer's special care unit" means any adult
residential care provider, as defined in R.S. 40:2166.3, or nursing home, as defined in R.S.
40:2009.2, that segregates or provides a special program or special unit for residents with a
diagnosis of probable Alzheimer's disease or related disorder so as to prevent or limit access
by a resident to areas outside the designated or separated area or that advertises, markets, or
otherwise promotes the facility as providing specialized Alzheimer/dementia care services.

*Acts 2008, No. 571, §1, eff. June 30, 2008.*

##### **§ 40:2200.2** Dementia training; nursing facilities and Alzheimer's special care units {#sec-40-2200.2 omnilex-key=us-la-statutes--rs-title-40--40:2200.2}

A. All persons employed by a nursing home, as defined in R.S. 40:2009.2, shall be
trained, in accordance with the provisions of this Section, in dementia training issues and
practices that include or are informed by evidence-based care practices.

B. Training requirements for employees of a nursing home, as defined in R.S.
40:2009.2, who provide care on a regular basis to a resident in an Alzheimer's special care
unit, shall be the following:

(1) Employees who provide nursing and nursing assistant care to residents shall be
required to obtain at least eight hours of dementia specific training within ninety days of
employment and five hours of dementia specific training annually. The training shall include
an overview of Alzheimer's disease and related dementias, communicating with persons with
dementia, behavior management, promoting independence in activities of daily living, and
understanding and dealing with family issues.

(2) Employees who have regular communicative contact with residents but who do
not provide nursing and nursing assistant care shall be required to obtain at least four hours
of dementia specific training within ninety days of employment and one hour of dementia
training annually. This training shall include an overview of dementias and communicating
with persons with dementia.

(3) Employees who have only incidental contact with residents shall receive general
written information provided by the facility on interacting with residents with dementia.

C. Training requirements for employees of a nursing home who provide care to
residents not in an Alzheimer's special care unit shall be the following:

(1) Employees who provide nursing assistant care shall be required to obtain four
hours of dementia training within ninety days of employment and two hours of dementia
training annually thereafter.

(2) Employees who are not licensed and who have regular communicative contact
with residents but who do not provide nursing assistant care shall be required to obtain four
hours of dementia specific training within ninety days of employment and one hour of
dementia training annually. The training shall include an overview of dementias and
communicating with persons with dementia.

(3) Employees who have only incidental contact with residents shall receive general
written information provided by the facility on interacting with residents with dementia.

D. Nothing herein shall be construed to increase the number of training hours
required by the regulations promulgated by the Louisiana Department of Health and in effect
on May 1, 2008.

*Acts 2008, No. 571, §1, eff. June 30, 2008.*

##### **§ 40:2200.3** Dementia training for adult residential care providers licensed by the Louisiana Department of Health {#sec-40-2200.3 omnilex-key=us-la-statutes--rs-title-40--40:2200.3}

A. All persons employed by an adult residential care provider, as defined in R.S.
40:2166.3, shall be trained, in accordance with the provisions of this Section, in dementia
training issues and practices that include or are informed by evidence-based care practices.

B. Training requirements for employees of an adult residential care provider who
provide care to residents in an Alzheimer's special care unit shall be the following:

(1) Employees who provide direct face-to-face care to residents shall be required to
obtain at least eight hours of dementia specific training within ninety days of employment
and eight hours of dementia specific training annually. The training shall include an
overview of Alzheimer's disease and related dementias, communicating with persons with
dementia, behavior management, promoting independence in activities of daily living, and
understanding and dealing with family issues.

(2) Employees who have regular contact with residents but who do not provide direct
face-to-face care shall be required to obtain at least four hours of dementia specific training
within ninety days of employment and two hours of dementia training annually. This
training shall include an overview of dementias and communicating with persons with
dementia.

(3) Employees who have only incidental contact with residents shall receive general
written information provided by the facility on interacting with residents with dementia.

C. Training requirements for employees of an adult residential care provider who do
not work with residents in an Alzheimer's special care unit shall be the following:

(1) Employees who provide direct face-to-face care to residents shall be required to
obtain at least two hours of dementia specific training annually. This training shall include
an overview of Alzheimer's disease and related dementias and communicating with persons
with dementia.

(2) All other employees shall receive general written information provided by the
facility on interacting with residents with dementia.

*Acts 2008, No. 571, §1, eff. June 30, 2008.*

##### **§ 40:2200.4** Approved dementia training {#sec-40-2200.4 omnilex-key=us-la-statutes--rs-title-40--40:2200.4}

Any dementia specific training received in a nursing or nursing assistant program
approved by the Louisiana Department of Health or the Department of Children and Family
Services may be used to fulfill the training hours required pursuant to this Part.

*Acts 2008, No. 571, §1, eff. June 30, 2008.*

##### **§ 40:2200.5** Rules and regulations {#sec-40-2200.5 omnilex-key=us-la-statutes--rs-title-40--40:2200.5}

By April 1, 2009, the Louisiana Department of Health shall promulgate rules and
regulations, in accordance with the Administrative Procedure Act, necessary to implement
this Part. Such rules and regulations shall include but not be limited to the qualifications of
the training curriculum and appropriate penalties for violations of the training requirements.
The department shall consult with and seek input from the Louisiana Alzheimer's Disease
Task Force and the Department of Children and Family Services in the promulgation of such
rules and regulations.

*Acts 2008, No. 571, §1, eff. June 30, 2008.*

#### **SUBPART B** ALZHEIMER'S DISEASE AND OTHER DEMENTIA DISEASES

##### **§ 40:2200.7.1** Legislative intent {#sec-40-2200.7.1 omnilex-key=us-la-statutes--rs-title-40--40:2200.7.1}

A. The legislature hereby finds and declares that:

(1) It is the intent of the legislature that existing health programs and services
educate healthcare professionals on the importance of early detection and timely diagnosis
of cognitive impairment and dementia.

(2) It is in the public interest to provide information to increase understanding and
awareness of Alzheimer's disease and other dementia diseases.

(3) It is the public policy of this state that healthcare providers in Louisiana have
access to guidance and education outreach programs regarding Alzheimer's disease and other
dementia diseases.

*Acts 2021, No. 73, §1.*

##### **§ 40:2200.7.2** Alzheimer's and other dementia diseases training; rulemaking {#sec-40-2200.7.2 omnilex-key=us-la-statutes--rs-title-40--40:2200.7.2}

A. The Louisiana Department of Health shall, in its existing public health programs
and services, educate healthcare providers on all of the following:

(1) The importance of effective care planning, including treatment options, support
and services, long-term care options, advance directives, and care at every stage of
Alzheimer's disease and other dementia diseases to include appropriate counseling.

(2) The use of validated cognitive assessment tools.

B. The office of public health within the Louisiana Department of Health shall
include provisions in its public health outreach programs that, at a minimum, address the
following:

(1) Increasing the awareness of Alzheimer's disease and other dementia diseases
including any link to chronic disease, such as vascular risk factors.

(2) Advising the public of the value of early detection of Alzheimer's disease and
other dementia diseases along with information on the early signs of the diseases.

(3) Educating the public on the importance of identifying and reporting signs of
Alzheimer's disease and other dementia diseases to healthcare providers for timely diagnosis.

(4) Increasing the data and surveillance applicable to Alzheimer's disease and other
dementia diseases and encouraging additional data analysis and accurate reporting on death
certificates.

C. The Louisiana Department of Health shall consult with the Louisiana chapter of
the Alzheimer's Association and other experts, advocates, or associations to facilitate the
distribution of educational materials that address Alzheimer's disease and other dementia
diseases.

D. The Louisiana Department of Health may promulgate rules and regulations in
accordance with the Administrative Procedure Act as are necessary to implement this
Subpart. The rules and regulations may include but not be limited to the type of cognitive
assessment tools available to healthcare providers. The department shall consult with and
seek input from the Louisiana chapter of the Alzheimer's Association and other experts,
advocates, or associations in the promulgation of the rules and regulations.

*Acts 2021, No. 73, §1; Acts 2024, No. 376, §1.*

#### **PART XV** SURGICAL SAFETY PROCEDURES

##### **§ 40:2200.11** Surgical smoke plume evacuation policy required {#sec-40-2200.11 omnilex-key=us-la-statutes--rs-title-40--40:2200.11}

A. For the purposes of this Section, "surgical smoke plume" means the byproduct of
using heat-producing equipment on tissue during surgery.

B. Healthcare facilities licensed pursuant to this Chapter which provide any surgical
procedure using heat-producing equipment, including but not limited to electrosurgery and
lasers, shall adopt and implement policies for a surgical smoke plume evacuation plan to
mitigate and remove the surgical smoke plume.

C. The Louisiana Department of Health shall verify compliance with this Section
through onsite surveys that are specific to surgical services, full licensing surveys, full
recertification surveys, and complaint surveys if allegations specific to surgical services are
alleged.

*Acts 2023, No. 35, §1.*

##### **§ 40:2200.12** Repealed by Acts 2022, No. 252, §3. {#sec-40-2200.12 omnilex-key=us-la-statutes--rs-title-40--40:2200.12}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2200.13** Repealed by Acts 2022, No. 252, §3. {#sec-40-2200.13 omnilex-key=us-la-statutes--rs-title-40--40:2200.13}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2200.14** Repealed by Acts 2022, No. 252, §3. {#sec-40-2200.14 omnilex-key=us-la-statutes--rs-title-40--40:2200.14}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2200.15** Repealed by Acts 2022, No. 252, §3. {#sec-40-2200.15 omnilex-key=us-la-statutes--rs-title-40--40:2200.15}

*Repealed by Acts 2022, No. 252, §3.*

### **CHAPTER 12** HEALTH CARE COST CONTROL

#### **PART I** PREFERRED PROVIDER ORGANIZATIONS

##### **§ 40:2201** Legislative considerations {#sec-40-2201 omnilex-key=us-la-statutes--rs-title-40--40:2201}

A. The legislature recognizes that health care costs have risen greatly over the past decade and must be contained without jeopardizing:

(1) The quality of care received by patients.

(2) The ability of health care providers to maintain, update, and expand their facilities to serve their patients and communities and to meet federal and state standards and regulations.

B. The legislature further recognizes that there must be some incentive for purchasers and providers to strive for more cost-efficient and effective methods of providing quality patient care and more efficient payment for services rendered.

C. Therefore, the state can assist in reducing health care costs by authorizing the formation of preferred provider organizations.

D. The legislature further recognizes that the state and governmental bodies can reduce the cost of providing health care benefits for their employees by contracting with a preferred provider organization.

*Acts 1984, No. 374, §1, eff. July 6, 1984.*

##### **§ 40:2202** Definitions {#sec-40-2202 omnilex-key=us-la-statutes--rs-title-40--40:2202}

As used in this Part, the following definitions shall apply:

(1) "Alternative rates of payment" shall mean the rate at which or sum for which the
provider agrees to perform specified services. The rate shall be negotiated between
purchaser and provider and shall be in effect for a fixed term. It may, but need not, include
a discount from the provider's customary fee.

(2) "Governmental body" means any department, commission, council, board, office,
bureau, committee, institution, agency, government, corporation, or establishment of the
executive branch of this state.

(3) "Group purchaser" shall mean an organization or entity which contracts with
providers for the purpose of establishing a preferred provider organization. "Group
purchaser" may include:

(a) Entities which contract for the benefit of their insured, employees, or members
such as insurers, self-funded organizations, Taft-Hartley trusts, or employers who establish
or participate in self-funded trusts or programs.

(b) Entities which serve as brokers for the formation of such contracts, including
health care financiers, third party administrators, providers, or other intermediaries.

(4) "Hospital" shall mean any institution, place, building, or agency, public or
private, whether for profit or not, including a facility subject to the jurisdiction of a hospital
service district, devoted primarily to the maintenance and operation of facilities for ten or
more individuals for the diagnosis, treatment, or care of persons admitted for overnight stay
or longer who are suffering from illness, injury, infirmity, deformity, or other physical
condition for which obstetrical, medical, or surgical services would be available and
appropriate. It may also include nursing homes as defined by and regulated under the
provisions of R.S. 40:2009.1 through 2009.12.

(5)(a) "Preferred provider organization (P.P.O.)" shall mean a contractual agreement
or agreements between a provider or providers and a group purchaser or purchasers to
provide for alternative rates of payment specified in advance for a defined period of time in
which:

(i) The provider agrees to accept these alternative rates of payment offered by group
purchasers to their members whenever a member chooses to use its services.

(ii) There is a tangible benefit to the provider in offering such alternative rates of
payment to the group purchaser.

(b) The contractual agreement or agreements may also include incentives which
encourage the insured employee or member to utilize the participating providers.

(c) No licensed provider, other than a hospital, who agrees to the terms and
conditions of the preferred provider contract shall be denied the right to become a preferred
provider to offer health services within the limits of his license.

(d) However, nothing in this Part shall be construed to require any hospital to grant
any provider or class of providers medical staff membership.

(e) Preferred provider contracts should include, but not be limited to, the following
components:

(i) Participating in a resource monitoring component to ensure quality control both
for patient care and cost effectiveness.

(ii) Procedures to encourage prompt payment for services rendered.

(6) "Provider" shall mean one or more entities which offer health care services and
shall include but not be limited to hospitals, individuals, or groups of physicians, individuals
or groups of psychologists, nurse midwives, ambulance service companies, and other health
care entities. Any health care entity which is specifically covered by a group purchaser's
insurance policy, employee benefits, self-funded organization or Taft-Hartley trust benefits
or plan shall be construed to be a "provider" for purposes of consideration under this Part.

(7) "Tangible benefit" shall mean but not be limited to:

(a) Any reasonable expectation of a demonstrable increase in or maintenance of
usage of the provider's services.

(b) Contractual provisions requiring quality control of patient care and participation
in resource monitoring procedures; or

(c) Any reasonable expectation of prompt payment for services rendered.

Added by Acts 1984, No. 374, §1, eff. July 6, 1984; Acts 1995, No. 967, §1, eff. Sept.
1, 1995; Acts 1999, No. 1274, §1, eff. July 12, 1999; Acts 2018, No. 206, §4.

NOTE: See Acts 1999, No. 1274, §2.

##### **§ 40:2203** Authorization for preferred provider organizations {#sec-40-2203 omnilex-key=us-la-statutes--rs-title-40--40:2203}

A. Any group purchaser may contract with any provider in any contractual agreement
or agreements to form a preferred provider organization.

B. Such agreement shall not be construed to authorize a group purchaser to furnish
medical services unless the purchaser is otherwise licensed to do so, nor shall such agreement
authorize a group purchaser to direct or control the provision or selection of forms or types
of medical services to the group members.

C. Group purchaser members participating in preferred provider organizations shall
be guaranteed access to their standard benefits under the terms of their policy, employee
benefits, self-funded organization benefits, or Taft-Hartley trust benefits, regardless of
whether they choose a preferred provider or a provider who does not participate in the
preferred provider contract.

D. Any entity serving as a broker or intermediary under the provisions of R.S.
40:2202(3)(b) who contracts to write or sell insurance shall be subject to the provisions of
Title 22 of the Louisiana Revised Statutes of 1950. However, any entity which serves as a
broker or intermediary for the formation of a preferred provider organization for a
governmental body shall not be entitled to collect any fee for serving as such broker or
intermediary under this Part.

E. Any person requiring emergency medical services shall be entitled to use any
available provider without being denied the basic benefits provided under his policy or
benefits program.

*Added by Acts 1984, No. 374, §1, eff. July 6, 1984; Acts 2018, No. 206, §4.*

##### **§ 40:2203.1** Prohibition of certain practices by preferred provider organizations {#sec-40-2203.1 omnilex-key=us-la-statutes--rs-title-40--40:2203.1}

A. Except as otherwise provided in this Subsection, the requirements of this Section shall apply to all preferred provider organization agreements that are applicable to medical services rendered in this state and to group purchasers as defined in this Part. The provisions of this Section shall not apply to a group purchaser when providing health benefits through its own network or direct provider agreements or to such agreements of a group purchaser.

B. A preferred provider organization's alternative rates of payment shall not be enforceable or binding upon any provider unless such organization is clearly identified on the benefit card issued by the group purchaser or other entity accessing a group purchaser's contractual agreement or agreements and presented to the participating provider when medical care is provided. When more than one preferred provider organization is shown on the benefit card of a group purchaser or other entity, the applicable contractual agreement that shall be binding on a provider shall be determined as follows:

(1) The first preferred provider organization domiciled in this state, listed on the benefit card, beginning on the front of the card, reading from left to right, line by line, from top to bottom, that is applicable to a provider on the date medical care is rendered, shall establish the contractual agreement for payment that shall apply.

(2) If there is no preferred provider organization domiciled in this state listed on the benefit card, the first preferred provider organization domiciled outside this state listed on the benefit card, following the same process outlined in Paragraph (1) of this Subsection shall establish the contractual agreement for payment that shall apply.

(3) The side of the benefit card that prominently identifies the name of the insurer, or plan sponsor and beneficiary shall be deemed to be the front of the card.

(4) When no preferred provider organization is listed, the plan sponsor or insurer identified by the card shall be deemed to be the group purchaser for purposes of this Section.

(5) When no benefit card is issued or utilized by a group purchaser or other entity, written notification shall be required of any entity accessing an existing group purchaser's contractual agreement or agreements at least thirty days prior to accessing services through a participating provider under such agreement or agreements.

C. A preferred provider organization agreement shall not be applied or used on a retroactive basis unless all providers of medical services that are affected by the application of alternative rates of payment receive written notification from the entity that seeks such an arrangement and agree in writing to be reimbursed at the alternative rates of payment.

D. In no instance shall any provider be bound by the terms of a preferred provider organization agreement that is in violation of this Part.

E. Any claim submitted by a provider for services provided to a person identified by the provider and a group purchaser as eligible for alternative rates of payment in a preferred provider agreement shall be subject to the standards for claims submission and timely payment according to the provisions of Subpart B of Part II of Chapter 6 of Title 22 of the Louisiana Revised Statutes of 1950.

F. A group purchaser establishing a preferred provider organization shall be prohibited from charging a credentialing fee or any other type of monetary fee, when no access to a group purchaser is provided. Any provider who participates in a preferred provider organization may be charged a reasonable fee either on a periodic basis or based on the tangible benefits received from continued participation in a preferred provider organization. Such fees may be based on actual utilization of alternative rates of payment by group purchasers or other authorized entities or other reasonable basis other than membership.

G. Failure to comply with the provisions of Subsection A, B, C, D, or F of this Section shall subject a group purchaser to damages payable to the provider of double the fair market value of the medical services provided, but in no event less than the greater of fifty dollars per day of noncompliance or two thousand dollars, together with attorney fees to be determined by the court. A provider may institute this action in any court of competent jurisdiction.

Acts 1999, No. 1274, §1, eff. July 12, 1999; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.

NOTE: See Acts 1999, No. 1274, §2.

##### **§ 40:2204** Hospital participation; tangible benefit presumed {#sec-40-2204 omnilex-key=us-la-statutes--rs-title-40--40:2204}

A. Whenever any hospital or governmental body is a party to a preferred provider
organization contract, there shall be a rebuttable presumption that such hospital or
governmental body contracted with the expectation of receiving a tangible benefit rather than
making a donation of services in violation of Section 14(A) of Article VII of the Constitution
of Louisiana.

B. Unless clearly indicated otherwise in a preferred provider organization contractual
arrangement, it shall be presumed that the hospital, governmental body, or other provider
negotiated the contract with the knowledge that such agreement would result in a tangible
benefit to the hospital or governmental body and would not constitute a donation of its
services to a group purchaser in violation of the Constitution of Louisiana, Article VII,
Section 14(A).

C. Whenever a hospital or governmental body is a party to a preferred provider
organization contract, the provisions of R.S. 39:1481 et seq. shall not apply.

D.(1) The state, or any agency of the state authorized by law to contract with or
develop preferred provider organizations or other managed health care arrangements,
including the Office of Group Benefits, when interested in developing or participating in a
preferred provider organization or other managed care arrangement, shall develop criteria
governing the state's or the agency's contracting with health care providers or with preferred
provider organizations or other managed care arrangements. All such criteria shall be
approved by the appropriate standing committees of the legislature having jurisdiction over
review of that agency's rules, or the subcommittees on oversight of such standing
committees, and the office of state procurement of the division of administration.

(2) Each agency authorized by law to develop or contract with preferred provider
organizations or other managed care arrangements shall promulgate rules and regulations to
establish a process through which notice of intent to contract with health care providers,
preferred provider organizations, or other managed care arrangements is given. The rules
and regulations shall contain provisions requiring written or published notice of the agency's
intent to seek contracts for the requested services and the availability, upon request, of a
detailed explanation of the services sought and of the criteria that are to be used in
developing contracts. There shall be a written public announcement of the contractor or
contractors awarded the contract. Upon request, any entity submitting a proposal which is
not accepted shall be furnished a written explanation for the agency's action. Any contract
executed in violation of rules and regulations promulgated under this Subsection shall be
void.

(3) All contracts shall be approved by the chief executive officer in the Office of
Group Benefits.

(4) The provisions of this Section shall not be applicable to the Louisiana
Department of Health.

*Added by Acts 1984, No. 374, §1, eff. July 6, 1984. Amended by Acts 1990, No. 585, §1, eff. July 19, 1990; Acts 1992, No. 864, §1; Acts 1993, No. 783, §1; Acts 2001, No. 1178, §4, eff. June 29, 2001; Acts 2014, No. 864, §§4 and 5.*

##### **§ 40:2205** Utilization reviews; relief from liability and discovery; standards compliance {#sec-40-2205 omnilex-key=us-la-statutes--rs-title-40--40:2205}

Notwithstanding any other provision of law, any health care provider licensed in this state who participates in quality of care or utilization reviews by a peer review committee, as a peer review committee member or a treating health care provider whose patients are subject to such review and have been contracted, employed, or hired by a group purchaser shall be immune from liability for any act performed during such reviews of the activities of similarly licensed health care providers if such person acts without malice, makes a reasonable effort to obtain the facts, and believes that the action taken is warranted by the facts. A peer review committee shall not be subject to discovery, and no person in attendance at such reviews shall be required to testify as to what transpired at such reviews. The utilization review requirements and administrative treatment guidelines of the peer review committee employed or hired by the group purchaser shall not fall below the appropriate standard of care and shall not impinge upon the independent medical judgment of the treating health care provider.

*Added by Acts 1991, No. 876, §1.*

##### **§ 40:2206** Obstetrician or gynecological examination; coverage {#sec-40-2206 omnilex-key=us-la-statutes--rs-title-40--40:2206}

A.(1) Every preferred provider organization authorized under this Part shall not prevent any individual who is a recipient of health care or a beneficiary of any such preferred provider organization from selecting an empaneled obstetrician or gynecologist as a provider for routine gynecological care. This selection shall be permitted without penalty or denial of the benefits provided under the preferred provider organization.

(2) Routine gynecological care as used in this Section shall mean a minimum of two routine annual visits, provided that the second visit shall be permitted based upon medical need only, and follow-up treatment within sixty days following either visit if related to a condition diagnosed or treated during the visits, and any care related to a pregnancy. Nothing in this Section shall prevent a policy, program, or plan from requiring that an obstetrician-gynecologist treating a covered patient coordinate that care with the patient's primary care physician, if applicable.

B. Any provision in a preferred provider contract which is delivered, renewed, issued for delivery, or otherwise contracted for in this state which is contrary to this Section shall, to the extent of such conflict, be void.

Acts 1995, No. 637, §2.

NOTE: See Acts 1995, No. 637, §§3, 4.

##### **§ 40:2207** Requirements of provider contracts {#sec-40-2207 omnilex-key=us-la-statutes--rs-title-40--40:2207}

A. A health maintenance organization, managed care organization, or their contracting entities shall not include provisions in their contracts with health care providers which include incentive or specific payment made directly, in any form, to a health care provider or health care provider group as an inducement to deny, reduce, limit, or delay specific, medically necessary, and appropriate services provided with respect to a specific insured or groups of insured with similar medical conditions.

B. Nothing in this Section shall be construed to prohibit contracts that contain incentive plans that involve general payments, such as capitation payments, or shared-risk arrangements that are not tied to specific medical decisions involving specific insured or groups of insured with similar medical conditions. The payments rendered or to be rendered to physicians, physician groups, or other licensed health care practitioners under these arrangements shall be deemed confidential information.

C. As used in this Section, the following definitions shall apply:

(1) "Managed care organization" means a licensed insurance company, hospital, or medical benefit plan or program, health maintenance organization, integrated health care delivery system, an employer or employee organization, or a managed care contractor which operates a managed care plan. A managed care entity may include but it is not limited to a preferred provider organization, health maintenance organization, exclusive provider organization, independent practice association, clinic without walls, management services organization, managed care services organization, physician hospital organization, and hospital physician organization.

(2) "Managed care plan" means a plan operated by a managed care organization which provides for the financing and delivery of health care and treatment services to individuals enrolled in such plan through its own employed health care providers or contracting with selected specific providers that conform to explicit selection, standards, or both. A managed care plan shall also mean a plan that has a formal organizational structure for continual quality assurance, a certified utilization review program, dispute resolution, and financial incentives for individual enrollees to use the plan's participating providers and procedures.

*Acts 1997, No. 897, §2.*

##### **§ 40:2208** Interpreter services for the deaf and hard of hearing; expenses; coverage {#sec-40-2208 omnilex-key=us-la-statutes--rs-title-40--40:2208}

As a requirement for authorization to do business in this state pursuant to R.S.
40:2203, all preferred provider organizations shall provide coverage for expenses incurred
by any covered patient who is deaf or hard of hearing for services performed by a qualified
interpreter/translator, other than a family member of the covered patient, when such services
are used by the covered patient in connection with medical treatment or diagnostic
consultations performed by the healthcare provider.

*Acts 1997, No. 1313, §2; Acts 2017, No. 146, §8.*

##### **§ 40:2209** Repealed by Acts 2016, No. 145, §2, eff. May 19, 2016. {#sec-40-2209 omnilex-key=us-la-statutes--rs-title-40--40:2209}

*Repealed by Acts 2016, No. 145, §2, eff. May 19, 2016.*

##### **§ 40:2210** Prohibited discrimination; prenatal test results; genetic information {#sec-40-2210 omnilex-key=us-la-statutes--rs-title-40--40:2210}

Every preferred provider organization authorized under this Part shall comply with the provisions of R.S. 22:1022 and 1023, relative to the use of prenatal test results and genetic information.

*Acts 1997, No. 1418, §2; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.*

#### **PART II** REQUIREMENTS OF BASIC BENEFIT SERVICES PROVIDED PURSUANT TO A HEALTH CARE COST CONTROL PROGRAM

##### **§ 40:2211** Definitions {#sec-40-2211 omnilex-key=us-la-statutes--rs-title-40--40:2211}

For the purposes of this Part:

(1) "Department" means the Louisiana Department of Health.

(2) "Enrollee" means any Medicaid recipient or indigent, uninsured, or
underinsured person enrolled in a qualified plan for the provision of health
care services whose enrollment costs are paid wholly or in part by the state
under a federal waiver to the Medicaid program.

(3) "Qualified plan" means a basic benefits plan that may be
established under a health maintenance organization, health insurance
organization, or managed care organization that contracts with the state to
provide or coordinate the provision of health care services to an enrollee.

*Acts 1995, No. 621, §1, eff. June 18, 1995.*

##### **§ 40:2212** Basic benefit plans {#sec-40-2212 omnilex-key=us-la-statutes--rs-title-40--40:2212}

A. A qualified plan shall provide full disclosure of services to each enrollee or prospective enrollee, including covered benefits, restrictions and/or limitations, specialty care, prescription drugs and biologics, the inclusion of essential community providers, the use of providers outside of a plan's provider network, and experimental treatments.

B. Each qualified plan shall disclose to each enrollee or prospective enrollee orally or in writing in a manner understandable at a fifth grade reading level and reviewed and approved by the literacy program of the Louisiana State University Health Sciences Center in Shreveport:

(1) A definition of basic covered benefits.

(2) Guidelines for confidential communication with caregivers.

(3) Availability and access to choice of providers.

(4) Quality assurance requirements.

(5) Disclosure of protocols as it relates to courteous treatment, timely referrals, and access to specialty care.

(6) Disclosure of deductibles.

(7) Extent of inclusion or exclusion of preventive health services in all basic benefit programs.

(8) Disclosure of definition of "necessary treatment".

(9) Information regarding appeal process.

C.(1) Any qualified plan shall not exclude from direct reimbursement health care services provided by an advanced practice registered nurse who provides health care services in accordance with the collaborative practice agreement for basic benefit services covered by the basic health plan.

(2) Any qualified plan shall not reimburse health care services provided by an advanced practice registered nurse at a rate less than the rate paid to other health care providers who perform the same services.

*Acts 1995, No. 621, §1, eff. June 18, 1995; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 2001, No. 704, §1; Acts 2006, No. 106, §1.*

#### **PART II-A** LACTATION CONSULTANTS

##### **§ 40:2213** Lactation consultants; registry; qualifications {#sec-40-2213 omnilex-key=us-la-statutes--rs-title-40--40:2213}

A. The office of public health of the Louisiana Department of Health
shall create a registry of persons certified in the state of Louisiana to provide
services as a lactation consultant.

B. To be eligible for inclusion on the Lactation Consultant Registry, a
person shall be certified as an International Board Certified Lactation
Consultant (IBCLC), and maintain such educational and re-examination
requirements for certification in good standing.

C. An "International Board Certified Lactation Consultant", as used in
this Section, is an allied health care provider who, by meeting eligibility
requirements and passing an examination administered by the International
Board of Lactation Consultant Examiners (IBLCE), possesses the skills,
knowledge, and attitudes to provide breastfeeding assistance to babies and
mothers.

*Acts 1999, No. 627, §1.*

#### **PART III** QUALITY ASSURANCE OF PARTICIPANTS IN HEALTH CARE COST CONTROL PROGRAM

##### **§ 40:2221** Definitions {#sec-40-2221 omnilex-key=us-la-statutes--rs-title-40--40:2221}

For the purposes of this Part:

(1) "Department" means the Louisiana Department of Health.

(2) "Enrollee" means any Medicaid recipient or indigent, uninsured, or
underinsured person enrolled in a qualified plan for the provision of health
care services whose enrollment costs are paid wholly or in part by the state
under a federal waiver to the Medicaid program.

(3) "Qualified plan" means a basic benefits plan that may be
established under a health maintenance organization, health insurance
organization, or managed care organization certified by the secretary of the
Louisiana Department of Health to contract with the state to provide or
coordinate the provision of health care services to an enrollee.

*Acts 1995, No. 1211, §1, eff. June 29, 1995.*

##### **§ 40:2222** Certification of organizations providing qualified plans {#sec-40-2222 omnilex-key=us-la-statutes--rs-title-40--40:2222}

A. No health maintenance organization, health insurance organization, managed care organization, or other entity may contract with the state to provide a qualified plan to an enrollee unless so certified by the department.

B. No health maintenance organization, health insurance organization, managed care organization, or other entity shall be certified to provide a qualified plan unless that plan meets minimum standards established by the department by the adoption and promulgation of rules and regulations in accordance with the Administrative Procedure Act. Such standards shall include, but not be limited to:

(1) Access to routine, urgent, and emergency care by enrollees.

(2) Primary care including location, hours, waiting times, and access to care when needed.

(3) Availability of specialty care.

(4) Technical competence of health care providers.

(5) Implementation of a peer review program.

(6) Health and medical standards.

C. Any qualified plan provider that fails to maintain the minimum standards as determined by the department shall be subject to penalties, including revocation of any authority to participate in the state program or a prohibition on enrolling any new member.

*Acts 1995, No. 1211, §1, eff. June 29, 1995.*

##### **§ 40:2223** Limitations on implementation {#sec-40-2223 omnilex-key=us-la-statutes--rs-title-40--40:2223}

The secretary shall not implement the provisions of this Part unless a federal
Medicaid waiver submitted to the United States Department of Health and Human Services,
Health Care Financing Administration, or its successor, on or after December 31, 1994,
authorizing the state to utilize health insurance organizations, health maintenance
organizations, or managed care organizations for Medicaid recipients is received. However,
the secretary may take actions necessary to implement this Part upon receiving such federal
waiver approval.

*Acts 1995, No. 1211, §1, eff. June 29, 1995; Acts 2018, No. 206, §4.*

#### **PART IV** RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS IN HEALTH CARE COST CONTROL PROGRAM

##### **§ 40:2231** Definitions {#sec-40-2231 omnilex-key=us-la-statutes--rs-title-40--40:2231}

For the purposes of this Part:

(1) "Department" means the Louisiana Department of Health.

(2) "Enrollee" means any Medicaid recipient or indigent, uninsured, or
underinsured person enrolled in a qualified plan for the provision of health
care services whose enrollment costs are paid wholly or in part by the state
under a federal waiver to the Medicaid program.

(3) "Qualified plan" means a basic benefits plan that may be
established under a health maintenance organization, health insurance
organization, or managed care organization that contracts with the state to
provide or coordinate the provision of health care services to an enrollee.

*Acts 1995, No. 1212, §1, eff. June 29, 1995.*

##### **§ 40:2232** Rights of each enrollee {#sec-40-2232 omnilex-key=us-la-statutes--rs-title-40--40:2232}

A. Each enrollee shall have the right to courteous treatment, timely referral and access to specialty care, reasonable choice of providers as provided in the basic benefit plan, and confidential communications with caregivers as provided by law.

B. Any qualified plan shall provide to an enrollee or prospective enrollee information, orally or in writing, using understandable, objective, truthful, and consumer-tested terms, about the policy or plan prepared in a manner understandable at a fifth grade reading level and reviewed and approved by the literacy program of the Louisiana State University Health Sciences Center in Shreveport, including:

(1) The range of covered benefits, highlighting restrictions or limitations on basic services, specialty care, prescription drugs and biologics, "experimental" treatments, and the use of providers outside a plan's provider network.

(2) The amount of deductibles, copayments, and other potential out-of-pocket expenses.

(3) The cost of proposed services and fully itemized bills for services rendered.

(4) The expertise of available providers on specific diseases and disorders if a plan has a provider network.

(5) How "medically necessary" treatment is defined.

(6) How and whether coverage decisions can be fairly and simply appealed.

(7) The criteria for selecting and dismissing physicians if a plan has a provider network.

(8) Potential conflicts of interest or economic incentives on the part of providers which may influence care decisions.

*Acts 1995, No. 1212, §1, eff. June 29, 1995; Acts 1999, No. 802, §5, eff. July 2, 1999.*

##### **§ 40:2233** Participation in health care decisions {#sec-40-2233 omnilex-key=us-la-statutes--rs-title-40--40:2233}

Each enrollee should actively participate in decisions related to the enrollee's health care and treatment. Each enrollee has the right to:

(1) Obtain complete information about their specific condition and treatment options and to seek second options.

(2) Information about available experimental treatments and clinical trials and how such research can be accessed.

(3) Have legal advanced directives or living wills respected by providers.

(4) Obtain assistance in decisionmaking from a patient ombudsman knowledgeable about the enrollee's specific policy or plan.

*Acts 1995, No. 1212, §1, eff. June 29, 1995.*

##### **§ 40:2234** Responsibilities of an enrollee {#sec-40-2234 omnilex-key=us-la-statutes--rs-title-40--40:2234}

An enrollee must be responsible for his own health care by becoming an informed and active participant in such care by:

(1) Living healthy lifestyles and averting behaviors known to be detrimental to one's health.

(2) Becoming knowledgeable about their policy's/plan's coverage provisions, rules, and restrictions.

(3) Asking questions of providers to determine the potential risks, benefits, and costs of treatment alternatives and then making care decisions after carefully weighing these and other pertinent factors.

(4) Cooperating fully with providers in following mutually acceptable courses of treatment, providing accurate medical and personal histories, being present at scheduled appointments and reporting on treatment progress, such as notifying caregivers promptly if serious side effects, complications, or worsening of the condition arises.

*Acts 1995, No. 1212, §1, eff. June 29, 1995.*

#### **PART V** UTILIZATION OF ESSENTIAL COMMUNITY PROVIDERS

##### **§ 40:2241** Definitions {#sec-40-2241 omnilex-key=us-la-statutes--rs-title-40--40:2241}

A. For the purposes of this Part, "essential community providers"
means health care providers who have historically served medically needy or
indigent patients, including each of the following:

(1) Federally qualified health centers.

(2) Rural health clinics.

(3) Hospitals owned or operated by the state.

(4) Community health centers.

(5) Small rural and service district hospitals.

(6) Physicians who have historically served Medicaid and indigent
patients.

(7) Children's hospital as defined by 42 CFR Section 412.23(d).

B. Essential community providers shall include only those providers
who are licensed, certified, and enrolled as available to participate in the
Medicaid program.

C. Essential community providers shall not include any health care
providers who have been convicted of fraud against the Medicaid program.

D. Essential community providers shall meet all quality assurance
standards required by the Louisiana Department of Health and the United
States Department of Health and Human Services for participation in the
Medicaid program and any waiver program approved for the Medicaid
program.

*Acts 1995, No. 1187, §1, eff. June 29, 1995; Acts 1997, No. 3, §5, eff. July 1, 1997.*

##### **§ 40:2242** Participation in state health care delivery system required {#sec-40-2242 omnilex-key=us-la-statutes--rs-title-40--40:2242}

A. Any health care delivery system established by the state pursuant to
a federal Medicaid waiver to provide health care to persons otherwise eligible
for Medicaid and to indigent, uninsured, or underinsured persons shall
recognize and include essential community providers as available and required
in the health care delivery systems and networks including but not limited to
referrals to specialists and health extenders.

B. Any basic benefits plan that may be established under a health
maintenance organization, health insurance organization, or managed care
organization that contracts with the state to provide or coordinate the provision
of health care services to persons otherwise eligible for Medicaid and to
indigent, uninsured, or underinsured persons shall include essential community
providers as available and required as active medical and health professionals.
However, the essential community provider shall agree to provide services that
meet all the terms and requirements, including the same administrative,
financial, licensure, and professional conditions which apply to health care
providers which have been designated as providers in a network established
by the basic benefits plan.

C. The secretary of the Louisiana Department of Health shall
promulgate rules and regulations in accordance with the Administrative
Procedure Act for the implementation of this Part which shall include but not
be limited to the establishment of minimum levels of participation of essential
community providers in such plans. Any plan provider that does not maintain
the minimum level of participation as determined by the secretary shall be
subject to penalties, including revocation of any authority to participate in the
state program or a prohibition on enrolling new members as determined by the
secretary.

*Acts 1995, No. 1187, §1, eff. June 29, 1995.*

##### **§ 40:2243** Limitations on implementation {#sec-40-2243 omnilex-key=us-la-statutes--rs-title-40--40:2243}

The secretary shall not implement the provisions of this Part unless a federal
Medicaid waiver submitted to the United States Department of Health and Human Services,
Health Care Financing Administration, or its successor, on or after December 31, 1994,
authorizing the state to utilize health insurance organizations, health maintenance
organizations, or managed care organizations for Medicaid recipients is received. However,
the secretary may take actions necessary to implement this Part upon such federal waiver
approval.

*Acts 1995, No. 1187, §1, eff. June 29, 1995; Acts 2018, No. 206, §4.*

#### **PART VI** UTILIZATION OF ESSENTIAL COMMUNITY PROVIDERS

##### **§ 40:2251** Definitions {#sec-40-2251 omnilex-key=us-la-statutes--rs-title-40--40:2251}

A. For the purposes of this Part, "essential community provider" means
a health care provider who has historically served medically needy or indigent
patients, including any of the following who have historically served such
patients:

(1) A federally qualified health center.

(2) A rural health clinic.

(3) Any hospital owned or operated by the state.

(4) A community health center.

(5) Any small rural hospital or any hospital owned or operated by a
hospital service district.

(6) A physician who has historically served Medicaid and indigent
patients.

(7) Any children's hospital as defined in 42 CFR Section 412.23(d).

(8) Any home health agency.

B. Essential community providers shall include only those providers
who are licensed, certified, enrolled, and available to participate in the
Medicaid program.

C. Essential community providers shall not include any health care
providers who have been convicted of fraud against the Medicaid program.

D. Essential community providers shall meet all quality assurance
standards required by the Louisiana Louisiana Department of Health and the
United States Department of Health and Human Services for participation in
the Medicaid program and any waiver program approved for the Medicaid
program.

*Acts 1995, No. 1282, §1, eff. June 29, 1995; Acts 1997, No. 3, §5, eff. July 1, 1997.*

##### **§ 40:2252** Participation in state health care delivery system required {#sec-40-2252 omnilex-key=us-la-statutes--rs-title-40--40:2252}

A. Any health care delivery system established by the state, pursuant
to a federal Medicaid waiver, to provide health care to any person otherwise
eligible for Medicaid and to any indigent, uninsured, or underinsured person
shall recognize and include essential community providers as available and
required in the health care delivery systems and networks.

B. Any basic benefits plan that may be established under a health
maintenance organization, health insurance organization, or managed care
organization that contracts with the state to provide or coordinate to provide
health care services to any person otherwise eligible for Medicaid and any
indigent, uninsured, or underinsured person shall include essential community
providers as available and required as active medical and health professionals.

C. The Louisiana Department of Health shall promulgate rules and
regulations, in accordance with the Administrative Procedure Act, which shall
include, but not be limited to, the establishment of minimum levels of
participation of essential community providers in such plans. Any plan
provider that fails to maintain the minimum level of participation as
determined by the department shall be subject to penalties, including
revocation of any authority to participate in the state program or a prohibition
on enrolling new members as determined by the department.

*Acts 1995, No. 1282, §1, eff. June 29, 1995.*

##### **§ 40:2253** Limitations on implementation {#sec-40-2253 omnilex-key=us-la-statutes--rs-title-40--40:2253}

The department shall not implement this Part unless approval of a federal Medicaid
waiver submitted to the United States Department of Health and Human Services, Health
Care Financing Administration, or its successor, on or after December 31, 1994, authorizing
the state to utilize health insurance organizations, health maintenance organizations, or
managed care organizations for Medicaid recipients is received.

*Acts 1995, No. 1282, §1, eff. June 29, 1995; Acts 2018, No. 206, §4.*

#### **PART VII** CERTIFICATES OF PUBLIC ADVANTAGE

##### **§ 40:2254.1** Finding and purpose {#sec-40-2254.1 omnilex-key=us-la-statutes--rs-title-40--40:2254.1}

The legislature finds that the goals of controlling health care costs and improving the quality of and access to health care will be significantly enhanced in some cases by cooperative agreements and by mergers and consolidations among health care facilities. The purpose of this Part is to provide the state, through the department, with direct supervision and control over the implementation of cooperative agreements, mergers, joint ventures, and consolidations among health care facilities for which certificates of public advantage are granted. It is the intent of the legislature that supervision and control over the implementation of these agreements, mergers, joint ventures, and consolidations substitute state regulation of facilities for competition between facilities and that this regulation have the effect of granting the parties to the agreements, mergers, joint ventures, or consolidations state action immunity for actions that might otherwise be considered to be in violation of state antitrust laws, federal antitrust laws, or both.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.2** Definitions {#sec-40-2254.2 omnilex-key=us-la-statutes--rs-title-40--40:2254.2}

For the purposes of this Part, the following definitions apply:

(1) "Certificate of public advantage" or "certificate" means a written certificate issued by the department as evidence of the department's intention that the implementation of a cooperative agreement, when actively supervised by the department, receive state action immunity from prosecution by the state or by any district attorney in the state as a violation of state or federal antitrust laws.

(2) "Cooperative agreement" or "agreement" means a written agreement between two or more health care facilities for the sharing, allocation, or referral of any one or more of the following:

(a) Patients.

(b) Personnel.

(c) Instructional programs.

(d) Emergency medical services.

(e) Support services and facilities.

(f) Medical, diagnostic, or laboratory facilities or procedures.

(g) Other services customarily offered by health care facilities.

(3) "Department" means the Department of Justice.

(4) "Health care facility" means any facility or institution, whether public or private, that offers diagnosis, treatment, and inpatient or ambulatory care to two or more unrelated persons. The term does not apply to a facility operated by religious groups relying solely on spiritual means, through prayer, for healing.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.3** Cooperative agreements, mergers, joint ventures, and consolidations allowed {#sec-40-2254.3 omnilex-key=us-la-statutes--rs-title-40--40:2254.3}

A health care facility may enter into a cooperative agreement with one or more health care facilities. A health care facility may also merge or consolidate in whole or in part with one or more other health care facilities.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.4** Certificate of public advantage; standards for certification; time for action by department {#sec-40-2254.4 omnilex-key=us-la-statutes--rs-title-40--40:2254.4}

A. Parties to a cooperative agreement, merger, joint venture, or consolidation may apply to the department for a certificate of public advantage. The application for a certificate shall include a copy of the proposed or executed cooperative, merger, joint venture, or consolidation agreement, a description of the scope of the cooperation, merger, joint venture, or consolidation contemplated by the agreement, and the amount, nature, source, and recipient of any consideration passing to any person under the terms of the agreement.

B. The department shall hold a public hearing on the application for a certificate before acting upon the application. The department may not issue a certificate unless the department finds that the agreement is likely to result in lower health care costs or is likely to result in improved access to health care or higher quality health care without any undue increase in health care costs. If the department denies an application for a certificate for an executed agreement, the parties may submit a new application for a certificate based upon a cooperative agreement, merger, joint venture, or consolidation different from the original application.

C. The department shall deny the application for a certificate or issue a certificate within ninety days after receipt of a completed application or within one ninety-day extension, which may be granted by the department upon a showing of good cause by the applicants. If the department does not issue a certificate within that time, the application is considered to have been denied. A certificate may be issued subject to terms and conditions, as the department may determine are appropriate, in order to best achieve lower health care costs or greater access to or quality of health care.

D. Any amendment to a cooperative, merger, joint venture, or consolidation agreement and any material change in the operations or conduct of any party to a cooperative, merger, joint venture, or consolidation agreement shall be considered to be a new agreement and shall not take effect or occur until the department has issued a new certificate of public advantage approving the amendment or change.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.5** Reconsideration by department {#sec-40-2254.5 omnilex-key=us-la-statutes--rs-title-40--40:2254.5}

A. If the department denies an application and refuses to issue a certificate, a party to the agreement may request that the department reconsider its decision. The department shall reconsider its decision if the party applying for reconsideration submits the request to the department in writing within thirty calendar days after the department's decision to deny the initial application.

B. The department shall hold a public hearing on the application for reconsideration. The hearing shall be held within thirty days after receipt of the request for reconsideration unless the party applying for reconsideration agrees to a hearing at a later time.

C. The department shall make a decision to deny the application or to issue the certificate within thirty days after the conclusion of the hearing required by Subsection B of this Section. The decision of the department shall be part of written findings of fact and conclusions of law supporting the decision. The findings, conclusions, and decision must be served upon the applicant for reconsideration.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.6** Revocation of certificate by department {#sec-40-2254.6 omnilex-key=us-la-statutes--rs-title-40--40:2254.6}

A. The department shall revoke a certificate previously granted by the department if it determines that the cooperative agreement is not resulting in lower health care costs or greater access to or quality of health care than would occur in absence of the agreement.

B. A certificate may not be revoked by the department without giving notice and an opportunity for a hearing before the department as follows:

(1) Written notice of the proposed revocation must be given to the parties to the agreement for which the certificate was issued at least one hundred twenty days before the effective date of the proposed revocation.

(2) A hearing shall be provided prior to revocation if a party to the agreement submits a written request for a hearing to the department within thirty calendar days after notice is mailed to the party under Paragraph (1) of this Subsection.

(3) Within thirty calendar days after receipt of the request for a hearing, the department shall hold a public hearing to determine whether or not to revoke the certificate.

C. The department shall make its final decision and serve the parties with written findings of fact and conclusions of law in support of its decision within thirty days after the conclusion of the hearing or, if no hearing is requested, within thirty days of the date of expiration of the time to request a hearing.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.7** Appeal {#sec-40-2254.7 omnilex-key=us-la-statutes--rs-title-40--40:2254.7}

A party to a cooperative agreement may appeal, in the manner provided in the Administrative Procedure Act, a final decision by the department to deny an application for a certificate or a decision by the department to revoke a certificate. A revocation of a certificate pursuant to R.S. 40:2254.6 does not become final until the time for appeal has expired. If a decision to revoke a certificate is appealed, the decision is stayed pending resolution of the appeal by the courts.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.8** Record of agreements to be kept {#sec-40-2254.8 omnilex-key=us-la-statutes--rs-title-40--40:2254.8}

The department shall keep a copy of agreements for which a certificate is in effect pursuant to this Part. A party to an agreement who terminates the agreement shall notify the department in writing of the termination within thirty days after the termination.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.9** Rulemaking {#sec-40-2254.9 omnilex-key=us-la-statutes--rs-title-40--40:2254.9}

The department shall adopt rules in accordance with the Administrative Procedure Act to implement this Part. The rules shall include rules:

(1) Specifying the form and content of applications for a certificate.

(2) Specifying necessary details for reconsideration of denial of certificates, revocations of certificates, hearings required or authorized by this Part, and appeals.

(3) To effect the active supervision by the department of agreements between health care facilities. These rules may include reporting requirements for parties to an agreement for which a certificate is in effect.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.10** Enforcement by attorney general {#sec-40-2254.10 omnilex-key=us-la-statutes--rs-title-40--40:2254.10}

The attorney general may bring an action in the name of the state against a person or persons to whom a certificate has been issued in order to enforce any terms or conditions imposed by the department upon the issuance of the certificate, to enjoin the violation of the terms or conditions, or to enjoin any material violation of or deviation from the terms of the cooperative, merger, joint venture, or consolidation agreement submitted to and approved by the department. The action may be brought in the district court of any judicial district in which a person or persons to whom a certificate has been issued reside or maintain a principal place of business or, with the consent of the parties, in the Nineteenth Judicial District Court.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.11** Reports {#sec-40-2254.11 omnilex-key=us-la-statutes--rs-title-40--40:2254.11}

If the department issues a certificate of public advantage, the facilities to whom the certificate has been issued shall submit a report to the department evaluating whether the cooperative, merger, joint venture, or consolidation agreement submitted to and approved by the department has been complied with during the preceding year and, if applicable, evaluating whether any terms and conditions imposed by the department when it issued the certificate have been met or otherwise satisfied during the preceding year. The report must be submitted annually or more frequently if required by the department. The department shall in turn issue findings as to whether the terms and conditions are being met or otherwise satisfied. The department shall keep copies of all reports and findings based on the reports.

*Acts 1997, No. 1331, §1.*

##### **§ 40:2254.12** Fees {#sec-40-2254.12 omnilex-key=us-la-statutes--rs-title-40--40:2254.12}

The department shall establish by rule fees to accompany filing an application for a certificate of public advantage and for the report required in R.S. 40:2254.11. The fees shall be reasonably related to the costs of the department in considering applications, evaluating reports, and performing other duties necessary to administer this Part. The costs may include the retention of accounting, technical, and legal assistance that the department considers necessary to process the applications and reports. The department shall maintain records sufficient to support the fees charged under this Section.

*Acts 1997, No. 1331, §1.*

#### **PART VIII** PHARMACEUTICAL COST TRANSPARENCY

#### **SUBPART A** GENERAL PROVISIONS

##### **§ 40:2255.1** Definitions {#sec-40-2255.1 omnilex-key=us-la-statutes--rs-title-40--40:2255.1}

As used in this Part, the following words have the following meanings unless the
context indicates otherwise:

(1) "Prescription drug" means a drug as defined in 21 U.S.C. 321.

(2) "Prescription drug marketing" means to provide educational or marketing
information or materials regarding a prescription drug in any form including but not limited
to all of the following:

(a) Face-to-face meetings.

(b) Physical mailings.

(c) Telephone conversations.

(d) Electronic mail or facsimile.

*Acts 2017, No. 220, §1.*

#### **SUBPART B** DISCLOSURE OF PRESCRIPTION DRUG PRICE INFORMATION

##### **§ 40:2255.11** Disclosure of prescription drug price information {#sec-40-2255.11 omnilex-key=us-la-statutes--rs-title-40--40:2255.11}

Each drug manufacturer or pharmaceutical marketer who engages in any form of
prescription drug marketing to a prescriber, his designee, or any member of his staff in
Louisiana shall provide to the Louisiana Board of Pharmacy no later than January first, April
first, July first, and October first of each calendar year the current wholesale acquisition cost
information for the United States Food and Drug Administration approved drugs marketed
in the state by that manufacturer.

*Acts 2017, No. 220, §1.*

### **CHAPTER 13-A** NORTH LOUISIANA CRIMINALISTICS LABORATORY COMMISSION

##### **§ 40:2261** Creation; purpose; change of name; successor to former commission {#sec-40-2261 omnilex-key=us-la-statutes--rs-title-40--40:2261}

The North Louisiana Criminalistics Laboratory Commission is hereby created to maintain and operate the North Louisiana Criminalistics Laboratory, as the successor to the Northwest Louisiana Criminalistics Laboratory Commission, which has been established in Caddo Parish, Louisiana, the said commission and laboratory to serve the north Louisiana parishes of Avoyelles, Bienville, Bossier, Caddo, Claiborne, DeSoto, Lincoln, Natchitoches, Red River, Sabine, Webster, Caldwell, Concordia, East Carroll, Franklin, Grant, Jackson, LaSalle, Madison, Morehouse, Ouachita, Rapides, Richland, Tensas, Union, Vernon, West Carroll, and Winn, said commission to operate the North Louisiana Criminalistics Laboratory for the purpose of crime detection, prevention, investigation, and other related activities in connection with criminal investigations.

*Acts 1981, No. 168, §1; Acts 2001, No. 630, §1.*

##### **§ 40:2262** Domicile of the North Louisiana Criminalistics Laboratory Commission {#sec-40-2262 omnilex-key=us-la-statutes--rs-title-40--40:2262}

The domicile of the North Louisiana Criminalistics Laboratory Commission shall be the parish seat of Caddo Parish, unless changed by a vote of two-thirds of the membership of the commission.

*Acts 1981, No. 168, §1.*

##### **§ 40:2263** Membership; tenure {#sec-40-2263 omnilex-key=us-la-statutes--rs-title-40--40:2263}

A. The membership of the commission shall consist of the coroner, sheriff, and district attorney of the parish in which the commission is domiciled, to serve during their elective terms of office, together with one person from each parish which the commission serves, which persons shall be appointed by the respective governing authorities of the parishes, each to serve for a period of two years or until his successor is appointed.

B. The membership of the commission shall elect its officers. They shall be paid the same mileage and per diem in going to or returning from any regular or special meeting as are now paid the members of the governing authorities of the parishes within the commission area, but they shall not receive pay for more than twelve meetings during any one year.

*Acts 1981, No. 168, §1; Acts 1992, No. 814, §1.*

##### **§ 40:2264** Revenues; fees and costs of court {#sec-40-2264 omnilex-key=us-la-statutes--rs-title-40--40:2264}

A.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or city ordinances in any mayor's, city, or district court of the state of Louisiana sitting within a parish which is now, or hereafter becomes, a part of the North Louisiana Criminalistics Laboratory Commission, there shall be assessed by the court, in addition to and separate from other costs, against every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, or who forfeits his bond, a fee in accordance with the following schedule:

(a) Operating a vehicle while intoxicated and drug offenses--fifty dollars.

(b) Crimes defined in Title 14 of the Louisiana Revised Statutes of 1950-- ten dollars.

(c) Violations of the provisions of Title 32 of the Louisiana Revised Statutes of 1950, or of city or parish traffic ordinances-- ten dollars.

(2) The fees described in Paragraph (1) shall form no part of any court fund.

(3) The fees provided in Paragraph (1) shall be collected by the respective city marshals and sheriffs and shall be remitted to the North Louisiana Criminalistics Laboratory Commission on the first day of each month.

(4) The revenue received from such fees by the North Louisiana Criminalistics Laboratory Commission shall be used for all necessary expenses of the commission and of the laboratory, and branch or satellite laboratories, including operating expenses, funds reserved for depreciation, capital expenses, and costs of constructing buildings together with maintenance thereof. The commission shall prepare an annual budget which shall be approved by at least a majority of the governing authorities of the parishes which the commission serves. If revenues from the fees collected are not sufficient to pay the costs incurred as approved by the governing authorities in the budget, each governing authority may pay from its general fund its pro rata share of the amount necessary to eliminate the deficit, based upon the ratio which the assessed valuation of property in that parish bears to the total assessed valuations of property in all of the parishes.

B. The sheriff of each parish and each district attorney who represents one or more parishes within the area served by the North Louisiana Criminalistics Laboratory Commission may make a direct contribution from time to time to the North Louisiana Criminalistics Laboratory Commission, the sheriff from his salary fund and the district attorney from any funds available to defray expenses of his office, in order to assist in alleviating any deficit that may be existing in the operating funds of the laboratory commission.

*Acts 1981, No. 168, §1; Acts 1992, No. 814, §1; Acts 2001, No. 630, §§1 and 2.*

##### **§ 40:2265** Commission as body politic; powers {#sec-40-2265 omnilex-key=us-la-statutes--rs-title-40--40:2265}

A. The North Louisiana Criminalistics Laboratory Commission is created as a body politic with the right to sue and be sued, to acquire any and all property necessary for its maintenance and operation by all lawful means, to incur debt in anticipation of its revenues, to accept gifts and donations, to establish rules and regulations for the conduct of its affairs, to employ necessary personnel, to require bond for the handling of its funds in an amount to be determined by it; provided that employees of said commission, as a condition of employment, shall become members of the Parochial Employees Retirement System of Louisiana according to laws relative thereto; and provided further, that title to fixtures, equipment, assets, or other property of any kind which have been provided by any coroner, law enforcement agency, or by the governing authority of any city, town, or parish for the initial establishment of the Northwest Louisiana Criminalistics Laboratory, shall remain in such coroner, law enforcement agency, or governing authority of any city, town, or parish.

B. The North Louisiana Criminalistics Laboratory Commission shall have the authority to establish and maintain branch or "satellite" laboratories at any location in the area served by the commission. The work performed by and the reports of such satellite laboratories established by the predecessor commission (Northwest Louisiana Criminalistics Laboratory Commission) or hereafter established shall have the same validity and authority accorded to the laboratory at the commission domicile.

*Acts 1981, No. 168, §1.*

### **CHAPTER 13-B** CRIMINALISTICS LABORATORY COMMISSIONS

##### **§ 40:2266.1** Optional revenues; collection, handling, and disbursement thereof {#sec-40-2266.1 omnilex-key=us-la-statutes--rs-title-40--40:2266.1}

A. In all parishes in which a criminalistics laboratory commission is now or is
hereafter established and also in each parish in which the governing authority thereof elects
to become a participating parish with a criminalistics laboratory commission as set forth
hereinafter, optional methods of obtaining revenues as set forth in this Chapter may be used
by the criminalistics laboratory commission with the concurrence and approval of the local
governing body of each parish involved.

B.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or city
ordinances in any mayor's, city, parish, or district court of the state of Louisiana located
within a parish which, upon approval of the governing body of such parish, is or hereafter
becomes a part of a criminalistics laboratory commission or of a sheriff's criminalistics
laboratory as established by a legislative act, except in the city courts of the parish of
Jefferson where taxation of the following costs shall be optional, there shall be taxed as costs
against every defendant who is convicted after trial, or who enters a plea of guilty or of nolo
contendere, or who forfeits his bond, a sum in accordance with the following schedule:

(a) Operating a vehicle while intoxicated and drug offenses--fifty dollars.

(b) Crimes defined in Title 14 of the Louisiana Revised Statutes of 1950--ten dollars.

(c) Except as provided in Paragraph (2) of this Subsection, violations of the
provisions of Title 32 of the Louisiana Revised Statutes of 1950, or of city or parish traffic
ordinances--thirty dollars.

(2) Notwithstanding any provision of law to the contrary, a sum of ten dollars shall
be charged or collected in the following cases:

(a) Operating a vehicle with an expired inspection sticker.

(b) Operating a vehicle with an expired driver's license.

(c) Operating a vehicle without a driver's license upon one's person.

(d) Improper use of a safety belt in violation of R.S. 32:295.1.

(e) The commission of any offense defined in Title 56 of the Louisiana Revised
Statutes of 1950.

(3) The sums herein specified shall be fixed by the governing authority of the
parishes that are participating in the criminalistics laboratory commission subject to the
maximum amounts herein specified, and shall be taxed as costs and collected by the proper
authority of the courts in which the prosecutions are brought; however, upon written request
of each governing authority that participates in the criminalistics laboratory commission,
such sums may be collected out of each fine imposed by a court in lieu of being added as
additional costs in that court.

(4) The sums so collected shall be remitted to the respective laboratory governing
authorities, or to their designated custodians, on the first day of each month.

(5) The sums so received by the laboratory governing authorities shall be used for
the necessary operating expenses of the commissions and the laboratories.

(6) Repealed by Acts 2015, No. 305, §2.

C. The respective laboratory commission may designate as custodian of the fund the
secretary-treasurer of a particular governing authority and if so his bond shall be applicable
to this fund as to all others under his custody.

D. The sums hereinabove provided for shall form no part of the criminal court fund
of the court in which they are collected and shall be used exclusively for the operation and
expenses of the respective criminalistics laboratory; however, upon written request by
official action of the governing authority of any particular parish the sums accruing in district
courts in that parish may be collected out of each fine imposed in lieu of being added as
additional costs. The sums collected in any case may be reduced if in the judgment of the
respective commission sufficient funds are available for operation of the laboratory with the
reduced funds.

E. The sums received by the respective criminalistics laboratory commission shall
be used by the commission for necessary expenses of the commission and the criminalistics
laboratory, including operating expenses, funds reserved for depreciation, and capital
expenses. The commission shall annually prepare a budget which shall be approved by at
least a majority of the governing authorities of the parishes which the commission serves.
If revenues from the fees collected are not sufficient to pay the costs incurred as approved
by the governing authorities in the budget, each governing authority may pay from its general
fund its pro rata share of the amount necessary to eliminate the deficit, based upon the ratio
which the assessed valuation of property in that parish bears to the total assessed valuations
of property in all of the parishes.

F. The sheriff of each parish, each municipality that operates a police department,
and each district attorney who represents one or more parishes within the respective
criminalistics laboratory commission area may make a direct contribution to the respective
criminalistics laboratory commission, the sheriff from his salary fund, and the district
attorney and municipality that operates a police department from any funds available to
defray expenses of their office, including but not limited to pretrial intervention or diversion,
from time to time in order to assist in alleviating any deficit that may be existing in the
operating funds of the laboratory commission.

Added by Acts 1972, No. 174, §1. Amended by Acts 1973, No. 160, §1; Acts 1981,
No. 168, §2; Acts 1992, No. 814, §1; Acts 1993, No. 977, §1; Acts 2015, No. 305, §§1, 2;
Acts 2022, No. 235, §1.

NOTE: See Acts 2015, No. 305, §3. Contingent provisions are now effective per the
October 6, 2015, minutes of the Judicial Council of the Supreme Court of Louisiana which
indicate approval of the changes made in Acts 2015, No. 305.

##### **§ 40:2266.1.1** Fees and costs of court {#sec-40-2266.1.1 omnilex-key=us-la-statutes--rs-title-40--40:2266.1.1}

A.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or city
ordinances in any mayor's, city, or district court of the state of Louisiana located within a
parish which is now, or hereafter becomes, a part of the Acadiana Criminalistics Laboratory
Commission, the North Louisiana Criminalistics Laboratory Commission, the Southeast
Louisiana Regional Criminalistics Laboratory Commission, and any other criminalistics
laboratory commission or of a sheriff's criminalistics laboratory as established by legislative
act, there shall be assessed by the court, in addition to and separate from other costs, against
every defendant who is convicted after trial, or who enters a plea of guilty or of nolo
contendere, or who forfeits his bond, a fee in accordance with the following schedule:

(a) Crimes which are misdemeanor offenses, except a violation of any provision of
Title 32 or Title 56 of the Louisiana Revised Statutes of 1950 or a violation of any city or
parish traffic ordinance, fifty dollars.

(b) Crimes which are felony offenses, one hundred fifty dollars.

(c) A fee not to exceed one thousand dollars, as reimbursement to the commission
if laboratory personnel performed a scientific test of any evidence seized pursuant to the
investigation or prosecution of a violation. The commission may establish a schedule stating
the estimated cost of performing the test which shall be used by the court in determining the
amount of the fees.

(2) The fees described in Paragraph (1) of this Subsection shall form no part of any
court fund.

(3) The fees provided in Paragraph (1) of this Subsection shall be collected by the
respective city marshals and sheriffs and shall be remitted to the applicable criminalistics
laboratory commission on the first day of each month.

(4) The monies received from such fees by the applicable criminalistics laboratory
commission shall be used for all necessary expenses of the commission and of the laboratory,
and branch or satellite laboratories, including operating expenses, funds reserved for
depreciation, capital expenses, and costs of constructing buildings together with maintenance
thereof. The commission shall prepare an annual budget which shall be approved by at least
a majority of the governing authorities of the parishes which the commission serves. If
monies from the fees collected are not sufficient to pay the costs incurred as approved by the
governing authorities in the budget, each governing authority may pay from its general fund
its pro rata share of the amount necessary to eliminate the deficit, based upon the ratio which
the assessed valuation of property in that parish bears to the total assessed valuations of
property in all of the parishes.

(5) The provisions of this Section shall not supersede and shall be supplemental to
the provisions of R.S. 40:2264, 2266.1, 2268.4, or any other provision of law providing for
fees for criminalistics laboratories. The fees provided for in Paragraph (1) of this Subsection
shall be in addition to any fees collected pursuant to the provisions of R.S. 40:2264, 2266.1,
2268.4, or any other provision of law.

B. The sheriff of each parish and each district attorney who represents one or more
parishes within the area served by the applicable criminalistics laboratory commission may
make a direct contribution from time to time to the applicable criminalistics laboratory
commission, the sheriff from his salary fund and the district attorney from any funds
available to defray expenses of his office, in order to assist in alleviating any deficit that may
be existing in the operating funds of the laboratory commission.

Acts 2007, No. 432, §1; Acts 2015, No. 305, §1.

NOTE: Contingent provisions are now effective per the October 6, 2015, minutes
of the Judicial Council of the Supreme Court of Louisiana which indicate approval of the
changes made in Acts 2015, No. 305.

##### **§ 40:2266.2** Additional parishes joining criminalistics laboratory commissions {#sec-40-2266.2 omnilex-key=us-la-statutes--rs-title-40--40:2266.2}

Upon the adoption of a resolution or ordinance by the governing authority of any parish which is contiguous to a parish in which a criminalistics laboratory commission is established and operating, such contiguous parish may elect to come under the provisions of and obtain the benefit of all laws governing the criminalistics laboratory commission now or hereafter authorized. For any parish which is not contiguous to a parish in which a criminalistics laboratory commission is established and operating, the acceptance and concurrence of the commission shall also be required. When any such parish governing authority does so elect, and when its election is thereafter accepted by a criminalistics laboratory commission, if acceptance is required, then it shall become a member of the commission to the same extent as if it had been one of the original parishes included in the original legislative act creating the criminalistics laboratory commission and all provisions hereof relative to district courts, city courts, mayor's courts, sheriffs, and collection of additional court costs funds shall become applicable throughout such parish so electing.

*Added by Acts 1972, No. 174, §1; Acts 1992, No. 814, §1.*

##### **§ 40:2266.3** Criminalistics laboratories operated by sheriffs of Calcasieu, Jefferson, and St. Tammany parishes included herein {#sec-40-2266.3 omnilex-key=us-la-statutes--rs-title-40--40:2266.3}

The criminalistics laboratories presently operated by the sheriff of Calcasieu Parish for Vernon, Allen, Beauregard, Jefferson Davis, Cameron, and Calcasieu parishes, by the sheriff of Jefferson Parish, and by the sheriff of St. Tammany Parish are hereby authorized to operate within the terms and provisions of Chapter 13-B of this Title, as may be applicable, and to receive the benefits therein established, as fully as though the laboratories were in fact operated by legislatively created and authorized criminalistics laboratory commissions; however, except for the criminalistics laboratory operated by the sheriff of Jefferson Parish, those sheriff's laboratories shall be required to provide criminalistics laboratory services for such nearby surrounding parishes as may elect, upon the terms provided above, to participate in the laboratories, within limitations as are reasonably developed by legislatively created criminalistics laboratory commissions, until such time as the laboratories may become operated by legislatively created criminalistics laboratory commissions. The criminalistics laboratory operated by the sheriff of Calcasieu Parish shall be named and known as the Southwest Louisiana Criminalistics Laboratory.

*Added by Acts 1972, No. 174, §1. Amended by Acts 1981, No. 168, §2; Acts 2006, No. 35, §1; Acts 2012, No. 619, §1.*

##### **§ 40:2266.4** Scope; cumulative authority {#sec-40-2266.4 omnilex-key=us-la-statutes--rs-title-40--40:2266.4}

The provisions of this chapter are optional and supplementary, they are not intended to repeal or supersede any act presently in force or hereafter enacted relative to criminalistics laboratory commissions and the provisions of such other legislative acts, particularly Act 124 of 1971, are continued and shall remain in full effect; and, therefore, the provisions of this act shall be construed to be cumulative authority for the exercise of the powers herein granted.

*Added by Acts 1972, No. 174, §3.*

### **CHAPTER 13-C** ACADIANA CRIMINALISTICS LABORATORY DISTRICT AND COMMISSION

##### **§ 40:2267** Acadiana Criminalistics Laboratory District; creation; composition; powers; ad valorem tax {#sec-40-2267 omnilex-key=us-la-statutes--rs-title-40--40:2267}

A. The Acadiana Criminalistics Laboratory District, hereinafter referred to in this Section
as the "district", is hereby created. The district shall be a political subdivision. The boundaries of
the district shall be coterminous with the boundaries of the parishes of Acadia, Evangeline, Iberia,
Lafayette, St. Landry, St. Martin, St. Mary, and Vermilion.

B. The district is established for the operation of the Acadiana Criminalistics Laboratory for
the purpose of crime detection, prevention, investigation, and other related activities in connection
with criminal investigation.

C. The district shall be governed by the Acadiana Criminalistics Laboratory Commission,
as created by this Chapter, hereinafter referred to in this Section as the "commission".

D. The commission, through its membership, shall have the power to impose and levy an
ad valorem tax on the assessed value of all property appearing on the tax rolls of the parishes when
approved by a majority of the electors of the parishes voting thereon in an election held for that
purpose.

E.(1) The election provided for in Subsection D of this Section shall be called by the
commission.

(2) Any costs of the election shall be financed by the commission to be paid with funds
generated from the tax imposed; in each parish within the district, the sheriff through his general
fund, the district attorney through any funds available to him including those funds provided
pursuant to the Criminal Court Fund provided for in R.S. 15:571.11, and the president of the
governing authority of the parish through his general fund may defray all or part of the costs of the
election.

(3) The commission may choose to call the election at the same time as other parishwide
elections in order to avoid the costs of a special election.

(4) The commission shall have the authority to reduce the millage for any year in which it
determines that the millage in effect for that year will produce more revenues than the commission
determines is needed for that year.

F. In addition to the taxes authorized by Subsection D of this Section, the commission may
levy and collect any other taxes authorized by the constitution of this state for political subdivisions,
including tax upon the sale at retail, the use, lease, or rental, the consumption, and the storage for
use or consumption of tangible personal property, and on sales of services as defined by law. This
tax shall be levied and collected only after the question of its imposition has been submitted to and
approved by a majority of the qualified voters of the district voting at a regularly scheduled election
to be conducted in accordance with the Louisiana Election Code. The election shall be called by the
commission and shall be held only with another parishwide election. Expenses of this election shall
be financed in the same manner as provided for in Subsection E of this Section.

G. The commission shall have authority to manage all taxes collected pursuant hereto and
to expend funds produced therefrom for capital expenditures and for the operation of the Acadiana
Criminalistics Laboratory.

H. The commission shall have the power to borrow monies for the maintenance and
operation of the Acadiana Criminalistics Laboratory.

I. Nothing contained in this Section shall be interpreted as diminishing any of the authority
of the affected sheriffs, district attorneys, or presidents of the governing authority as delegated to
them by the constitution and laws of this state.

*Acts 2004, No. 422, §1.*

##### **§ 40:2267.1** Creation; purpose; approval of criminalistics laboratory by Louisiana Commission on Law Enforcement and the Administration of Criminal Justice {#sec-40-2267.1 omnilex-key=us-la-statutes--rs-title-40--40:2267.1}

The Acadiana Criminalistics Laboratory Commission is hereby created to
maintain and operate the Acadiana Criminalistics Laboratory, which has been
established in Iberia Parish, Louisiana, with the approval of the Louisiana
Commission on Law Enforcement and the Administration of Criminal Justice, said
commission and laboratory to serve the southwest Louisiana parishes of Acadia,
Evangeline, Iberia, Lafayette, St. Landry, St. Martin, St. Mary and Vermilion,
comprising the Evangeline Law Enforcement Planning District, said commission to
operate the Acadiana Criminalistics Laboratory for the purpose of crime detection,
prevention, investigation and other related activities in connection with criminal
investigation.

*Added by Acts 1972, No. 554, §1.*

##### **§ 40:2267.2** Domicile of the Acadiana Criminalistics Laboratory Commission {#sec-40-2267.2 omnilex-key=us-la-statutes--rs-title-40--40:2267.2}

The domicile of the Acadiana Criminalistics Laboratory Commission shall be the parish seat of the parish where the laboratory is located unless later changed by a two-thirds vote of the membership of the commission.

*Added by Acts 1972, No. 554, §1.*

##### **§ 40:2267.3** Membership; tenure {#sec-40-2267.3 omnilex-key=us-la-statutes--rs-title-40--40:2267.3}

A. The membership of the commission shall consist of the sheriff, district attorney, and the president of the governing authority of the parish in which the criminalistics laboratory is located, to serve during their elective terms of office, together with the district attorney of each district in which the Evangeline Law Enforcement Planning District lies and the sheriff of each parish within the district, all of whom shall serve ex officio during their respective terms of office, together with one member of the governing authority of each other parish of the Evangeline Law Enforcement Planning District, which the commission serves, who shall be appointed by the respective governing authorities of the parishes of Acadia, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, St. Mary, and Vermilion, to serve for a period of two years, or until a successor is appointed.

B. The membership of the commission shall elect their own officers, and they may also elect from amongst their membership an executive committee of five members, each from a different parish, who shall be empowered to act for the commission in all things as may be delegated by the commission by resolution adopted by the full commission.

C. The members of the commission shall serve without pay or per diem.

D. A sheriff may designate his chief deputy or chief administrative assistant to represent him at a commission meeting. The district attorney may designate his first assistant or an assistant district attorney to represent him at a commission meeting. The president of the parish governing authority may designate his administrative assistant or any other person to represent him at a commission meeting. The designation of representatives shall be in writing, dated, signed, and presented to the secretary at the meeting of the commission.

*Added by Acts 1972, No. 554, §1. Acts 1992, No. 814, §1; Acts 2006, No. 356, §1.*

##### **§ 40:2267.4** Commission; additional powers {#sec-40-2267.4 omnilex-key=us-la-statutes--rs-title-40--40:2267.4}

The Acadiana Criminalistics Laboratory Commission is created as a body politic with the right to sue and be sued, and in addition to the powers provided for in R.S. 40:2267, has the power to acquire any and all property necessary for its maintenance and operation by all lawful means, to incur debt in anticipation of its revenues, to accept gifts and donations, to establish rules and regulations for the conduct of its affairs, to establish charges and fees for any work done by said laboratory, to employ necessary personnel, to require bond for the handling of its funds in an amount to be determined by it; provided that employees thereof, as a condition of employment, shall become members of the Parochial Employees Retirement System of Louisiana according to laws relative thereto; and provided further, that title to fixtures, equipment, assets, or other property of any kind which have been provided by any coroner, law enforcement agency, or by the governing authority of any city, town, or parish for the initial establishment of the Acadiana Criminalistics Laboratory, shall remain in such coroner, law enforcement agency, or governing authority of any city, town, or parish.

*Added by Acts 1972, No. 554, §1; Acts 2004, No. 422, §1.*

##### **§ 40:2267.5** Costs of analysis and examination {#sec-40-2267.5 omnilex-key=us-la-statutes--rs-title-40--40:2267.5}

In addition to other methods of funding, each defendant who enters a plea of guilty or is convicted of a crime in which the investigation required the gathering, examining, and analysis of evidence by scientific means by the Acadiana Criminalistics Laboratory, which submitted a certificate stating its findings to the appropriate law enforcement or prosecuting agency, shall be ordered to pay the reasonable costs of the analysis or examination. However, the defendant shall not be liable if he is acquitted or the prosecution or proceeding is dismissed.

*Acts 2006, No. 356, §1.*

##### **§ 40:2267.6** Martin Bofill "Bo" Duhé Acadiana Criminalistics Laboratory building {#sec-40-2267.6 omnilex-key=us-la-statutes--rs-title-40--40:2267.6}

Notwithstanding any other law to the contrary, the Acadiana Criminalistics
Laboratory Commission is hereby authorized to name the new Acadiana Criminalistics
Laboratory building the Martin Bofill "Bo" Duhé Acadiana Criminalistics Laboratory in
honor of District Attorney Martin Bofill "Bo" Duhé.

*Acts 2025, No. 57, §1, eff. June 4, 2025.*

### **CHAPTER 13-D** SOUTHEAST LOUISIANA REGIONAL CRIMINALISTICS LABORATORY COMMISSION

##### **§ 40:2268.1** Creation; purpose {#sec-40-2268.1 omnilex-key=us-la-statutes--rs-title-40--40:2268.1}

A. The Southeast Louisiana Regional Criminalistics Laboratory Commission, hereafter referred to as the "commission", is hereby created for the purpose of establishing, maintaining, and operating the Southeast Louisiana Regional Criminalistics Laboratory, hereafter referred to as the "laboratory", in accordance with the provisions of this Chapter. The commission shall operate the laboratory to assist member parishes in the detection of crime and the examination and analysis of evidence as provided for in the rules and regulations of the commission.

B. Each of the parishes of Ascension, Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, and Terrebonne shall be eligible to become a member of the commission upon a majority vote of the governing authority of that parish.

*Acts 1988, No. 82, §1, eff. June 23, 1988.*

##### **§ 40:2268.2** Domicile of the Southeast Louisiana Regional Criminalistics Laboratory Commission; authority to contract with existing laboratory {#sec-40-2268.2 omnilex-key=us-la-statutes--rs-title-40--40:2268.2}

A. The Southeast Louisiana Regional Criminalistics Laboratory Commission shall be domiciled at Nicholls State University. The university shall provide adequate space and facilities to the laboratory and commission.

B. For purposes of this Chapter, the commission is authorized to contract with an existing private or public laboratory for the provision of criminalistic services and is authorized to impose, receive, or collect any and all fees or charges authorized by law for the purpose of establishing, funding, or operating a commission criminalistics laboratory.

*Acts 1988, No. 82, §1, eff. June 23, 1988; Acts 2006, No. 500, §1.*

##### **§ 40:2268.3** Commission membership; executive committee; quorum {#sec-40-2268.3 omnilex-key=us-la-statutes--rs-title-40--40:2268.3}

A. The membership of the commission shall consist of the coroner, sheriff, and district attorney of each member parish, or their designated deputies or assistants, who shall serve during their elective terms of office, together with the president of Nicholls State University or his designee.

B. The daily affairs and operations of the commission and laboratory shall be managed by an executive committee to be established by the commission, which shall consist of not less than five commission members.

C. A simple majority of the commission shall constitute a quorum.

*Acts 1988, No. 82, §1, eff. June 23, 1988.*

##### **§ 40:2268.4** Revenues; fees and costs of court {#sec-40-2268.4 omnilex-key=us-la-statutes--rs-title-40--40:2268.4}

A.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or municipal ordinances in any city, parish, municipal, or district court of the state sitting within a member parish, the court shall assess, in addition to and separate from other costs, against every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, or who forfeits his bond, a fee in accordance with the following schedule:

(a) The court shall, upon the conviction of the defendant for violation of the Uniform Controlled Dangerous Substances Law, assess against the defendant a fee of not less than one hundred nor more than five hundred dollars as reimbursement to the commission if laboratory personnel performed a scientific test of any evidence seized pursuant to the investigation or prosecution of the violation. The commission may establish a schedule stating the estimated cost of performing the test which may be used by the court in determining the amount of the fees.

(b) Crimes defined in Title 14 of the Louisiana Revised Statutes of 1950-five dollars.

(2) The fees provided for in Paragraph (1) hereof shall form no part of the criminal court fund of any court; however, upon written request by official action of the governing authority of any member parish or municipality thereof, the fees may be collected out of each fine imposed in lieu of being added as a fee or additional costs in that court.

(3) The fees provided for in Paragraph (1) hereof shall be collected by the respective city marshals, constables, or sheriffs and shall be remitted to the commission by the fifteenth day of the month following the month in which they are collected.

(4) The commission shall use the revenue received from such fees for all necessary expenses of the commission and of the laboratory, and for branch or satellite laboratories, including operating expenses, funds reserved for depreciation, capital expenses, and costs of constructing and maintaining buildings. The commission shall prepare an annual budget which shall be approved by a majority of the governing authorities of the member parishes. If revenues from the fees collected are not sufficient to pay the costs incurred as approved by the governing authorities in the budget, each such authority may pay from its general fund its pro rata share of the amount necessary to eliminate the deficit, based upon the ratio which the assessed valuation of property in the parish bears to the total assessed valuations of property in all of the member parishes.

(5) The revenues and fees received by the commission shall not be construed to be revenues of Nicholls State University.

B. The sheriff of each parish within the area served by the commission may make a direct contribution from time to time to the commission from his salary fund in order to assist in alleviating any deficit that may be existing in the operating funds of the commission.

*Acts 1988, No. 82, §1, eff. June 23, 1988.*

##### **§ 40:2268.5** Commission as body politic; powers {#sec-40-2268.5 omnilex-key=us-la-statutes--rs-title-40--40:2268.5}

A. The commission is created as a body politic with the right to sue and be sued, to enter into contracts, to acquire any and all property necessary for its maintenance and operation by all lawful means, to incur debt in anticipation of its revenues, to accept gifts and donations, to establish rules and regulations for the conduct of its affairs, to employ necessary personnel, and to require bond for the handling of its funds in an amount to be determined by it. Employees of the commission, as a condition of employment, shall become members of the Parochial Employees Retirement System of Louisiana according to laws relative thereto. Title to fixtures, equipment, assets, and other property of any kind which have been provided by any coroner, law enforcement agency, or governing authority of any municipality or parish for the initial establishment of the commission shall remain in such coroner, law enforcement agency, or governing authority.

B. The commission may establish and maintain branch or "satellite" laboratories at any location in any member parish.

C. The commission shall promulgate rules and regulations governing the operations of the laboratory specifically to include the conditions under which the laboratory may be utilized and by whom.

*Acts 1988, No. 82, §1, eff. June 23, 1988.*

### **CHAPTER 14** MEAT AND POULTRY INSPECTION LAW

##### **§ 40:2271** R.S. 40:2271 through 2301 were redesignated as R.S. 3:4201 through 4233 pursuant to Acts 1985, No. 73, §1. {#sec-40-2271 omnilex-key=us-la-statutes--rs-title-40--40:2271}

*R.S. 40:2271 through 2301 were redesignated as R.S. 3:4201 through 4233 pursuant to Acts 1985, No. 73, §1.*

### **CHAPTER 15** WATER POLLUTION CONTROL

##### **§ 40:2321** Definitions {#sec-40-2321 omnilex-key=us-la-statutes--rs-title-40--40:2321}

As used in this Chapter, "water pollution control projects" means any waste treatment
facilities or any plants or other works which accomplish the treating, stabilizing, or holding
of untreated or inadequately treated sewage or other wastes.

*Acts 1970, No. 171, §1, emerg. eff. June 29, 1970, at 7:00 P.M.; Acts 2022, No. 271, §4.*

##### **§ 40:2322** State grants to political subdivisions for water pollution control projects qualifying for federal aid {#sec-40-2322 omnilex-key=us-la-statutes--rs-title-40--40:2322}

The State of Louisiana is hereby authorized to make grants, as funds are available, to any parish, municipality, public board or political subdivision of the State of Louisiana, or any combination of the same, to assist them in the construction of those portions of water pollution control projects, which qualify for Federal aid and assistance under the provisions of Title 33, Section 466, et seq. of the United States Code Annotated, as now or as may hereafter be amended.^1^

Acts 1970, No. 171, §2, emerg. eff. June 29, 1970 at 7:00 P.M.

^1^Transferred; now 33 U.S.C.A. §1251 et seq.

##### **§ 40:2323** Application for grant {#sec-40-2323 omnilex-key=us-la-statutes--rs-title-40--40:2323}

Whenever a parish, municipality, public board, or political subdivision
of the state of Louisiana, or combination thereof, makes application for federal
assistance under the Federal Water Pollution Control Act subsequent to
January 1, 1968, for a portion of the cost of construction of water pollution
control projects, it may apply for a state grant to the Louisiana Department of
Health. The application shall state the total estimated cost of the project, the
amount anticipated to be paid by federal assistance under the Federal Water
Pollution Control Act, and the amount which the applicant will contribute to
the project, and that request is made for a state grant for the balance of the
estimated cost of the project.

*Acts 1970, No. 171, §3, emerg. eff. June 29, 1970 at 7:00 P.M. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:2324** Issuance of state bonds to finance grants; terms, limits and condition of bonds; administrative rules and regulations {#sec-40-2324 omnilex-key=us-la-statutes--rs-title-40--40:2324}

The State Bond Commission is hereby authorized and empowered to
issue revenue bonds or other special obligations, herein referred to as "bonds",
not in excess of twenty million dollars, to provide funds to be used for the
purpose of supplementing grant offers made pursuant to Federal Water Quality
Administration requirements to parishes, municipalities, municipal or
parochial sewerage districts, and any agency, board, commission, or
combination thereof that provide sanitary sewerage collection and/or treatment
facilities, herein referred to as "political subdivisions". The bonds or other
obligations shall be issued from time to time as funds are needed to pay the
cost of state participation in Federal Water Quality Administration projects or
to refund to the political subdivision any funds it has provided for the project
in anticipation of state participation, as hereinafter provided. Said bonds shall
be in such series and form and for such term, not exceeding thirty years, and
shall bear such rate of interest as shall be determined by the State Bond
Commission; however, no bonds shall be issued for any project by the State
Bond Commission unless there has been made on behalf of the political
subdivision the certification provided in R.S. 40:2322. In the issuance and sale
of said bonds, the State Bond Commission, to the extent possible, shall comply
with the provisions of Acts 26 and 27 of the 1968 Extraordinary Session,
provided, that the resolution under which the bonds shall be issued may
contain such covenants and agreements with respect to the security and
payment of the bonds as is deemed necessary by the State Bond Commission
to insure the marketability of the bonds herein authorized to be issued and any
similar bonds to be issued in the future which are authorized by the Legislature
for such purpose. The state treasurer shall apply the proceeds derived from the
sale and issuance of said bonds to pay the state's cost of participating in the
construction of water quality control projects which may qualify for federal aid
and assistance under the provisions of Title 33, Section 1251, et seq., of the
United States Code Annotated, as the same now exists or as may hereafter be
amended; provided that the state's participation in the cost of such water
quality control projects shall not exceed twenty-five percentum of the cost
thereof as said cost is approved by the Federal Water Quality Administration
and used as the basis for determining federal participation on the project; and
provided further that no contracts shall be awarded for the construction of such
projects without the approval of the Louisiana Department of Health. In the
establishment of priorities of projects, relative need and standards of
construction, the Louisiana Department of Health shall work in conjunction
with the appropriate federal agencies and shall apply regulations consistent
with the provisions of the Federal Water Pollution Control Act; provided,
however, it shall have the power to adopt such rules, regulations, and
procedures as shall be necessary for the effective administration thereof.
Provided that petitioner files an application for a federal grant and meets all
other conditions and requirements for a federal grant and more particularly the
provisions of Section 8(b)(7) of the Federal Water Pollution Control Act as
amended.^1^

Acts 1970, No. 171, §4, emerg. eff. June 29, 1970 at 7:00 P.M.
Amended by Acts 1971, No. 146, §1; Acts 1978, No. 786, §5, eff. July 17,
1978.

^1^Prior to 1972, 33 U.S.C.A. §1158(b)(7). Now see 38 U.S.C.A. §§1251 et
seq., 1282.

##### **§ 40:2325** Redemption of bonds {#sec-40-2325 omnilex-key=us-la-statutes--rs-title-40--40:2325}

A. Each political subdivision that applies for a grant offer from the
Federal Water Quality Administration and qualifies for federal aid and
assistance under the provisions of Title 33 of Section 1251, et seq. of the
United States Code Annotated, may also apply in accordance with the rules
and regulations established by the Louisiana Department of Health for state
participation in the cost of such water quality control project. The application
for state participation in the cost of each project must be accompanied by a
certificate of the chief executive officer of the political subdivision that said
political subdivision has obligated itself to levy and collect fees or charges as
hereinafter provided, sufficient to produce in each year revenues at least equal
to 125% of the maximum annual amount required to meet the debt service
requirements on any bonds to be issued by the State Bond Commission for the
purpose of paying the cost of the state's participation in that particular water
quality control project. Said fees or charges to be levied and collected by the
political subdivision at the same time and in the same manner as other fees or
charges are levied and collected for water services or sewer services furnished
to its customers or may be any other type of levy or charge that it is authorized
to levy and collect under the constitution and laws of this state for such
purpose. The moneys collected by each political subdivision for such purpose
shall, after deducting therefrom the cost of administration and collection,
which shall be five percent of the gross charge, be remitted to the state
treasurer who shall deposit said moneys in a special fund designated
"Louisiana Water Quality Control Bond Redemption Fund" to the credit of that
political subdivision for the payment of bonds issued by the State Bond
Commission to finance the cost of the water quality control project for that
political subdivision. Any fee or charge levied by the political subdivision
pursuant to this Chapter shall not be decreased or discontinued so long as any
bonds issued by the State Bond Commission for the purpose of paying the cost
of state participation in that political subdivision's project remain outstanding
and unpaid. Upon retirement of the bonds issued for the purpose of state
participation in a particular project, any surplus moneys remaining in the said
Bond Redemption Fund to the credit of the political subdivision shall be
refunded to the political subdivision. The charge levied by the political
subdivision shall be known as the "Water Quality Control Charge" and shall
be billed and collected monthly, bimonthly or quarterly by the governing
authority of the political subdivision providing the sewerage collection and/or
treatment facilities and/or any agency, board or commission of the political
subdivision responsible for furnishing water to the sewer customers of the
political subdivision. All of the funds derived from the collection of said fees
or charges less the cost of collection shall be remitted to the state treasurer and
placed in the said bond redemption fund to meet maturing principal and/or
interest on the bonds issued to finance the cost of state participation in the
political subdivision's project.

B. The moneys so paid into the bond redemption fund by each political
subdivision shall be dedicated solely to the payment and redemption of the
bonds issued by the State Bond Commission for the purpose of participating
in the cost of the water quality control project for that particular subdivision;
provided, that if there are surplus funds on deposit in said fund to the credit of
the political subdivision, then, upon request by the political subdivision, the
state treasurer may make cash expenditures therefrom for such projects to the
extent that moneys are available therefor in any fiscal year after there have
been set aside sufficient funds to meet the principal and interest requirements
falling due in the ensuing fiscal year on outstanding bonds which have been
issued to finance the cost of prior projects of the political subdivision.

*Acts 1970, No. 171, §5, emerg., eff. June 29, 1970 at 7:00 P.M. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:2326** Bonds and fees limited to water pollution control projects {#sec-40-2326 omnilex-key=us-la-statutes--rs-title-40--40:2326}

The authority herein granted to issue revenue bonds and to levy and collect charges is for the specific object and purpose of providing state funds to supplement grants made pursuant to Federal Water Quality Administration requirements to any political subdivision of this state that provides sanitary sewerage collection and/or treatment facilities to its citizens and the revenues accruing to the state under the provisions hereof are dedicated solely for the purpose of supplementing such grant offers either through the funding thereof as above provided or through cash expenditures.

*Acts 1970, No. 171, §6, emerg. eff. June 29, 1970 at 7:00 P.M.*

##### **§ 40:2327** Issuance of local bonds; state refunds {#sec-40-2327 omnilex-key=us-la-statutes--rs-title-40--40:2327}

In order to accelerate the completion of water quality control projects,
any political subdivision making application for a Federal Water Quality
Administration grant, may, with the approval of the state treasurer and the
Louisiana Department of Health, if state funds as set forth in R.S. 40:2324
through R.S. 40:2326 herein are not available for participation in the cost of
the project when application is made, obligate the political subdivision to
provide local funds to pay that portion of the cost of the project that is
anticipated to be borne by the state, and the state shall refund the amount
expended on its behalf by the political subdivision, from the first funds
available under the provisions of R.S. 40:2326 and this Section, and not later
than September 1, 1975.

*Acts 1970, No. 171, §7, emerg. eff. June 29, 1970 at 7:00 P.M. Amended by Acts 1971, No. 146, §1; Acts 1972, No. 615, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.*

##### **§ 40:2331** Repealed by Acts 2022, No. 252, §3. {#sec-40-2331 omnilex-key=us-la-statutes--rs-title-40--40:2331}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2332** Repealed by Acts 2022, No. 252, §3. {#sec-40-2332 omnilex-key=us-la-statutes--rs-title-40--40:2332}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2351** Repealed by Acts 2022, No. 252, §3. {#sec-40-2351 omnilex-key=us-la-statutes--rs-title-40--40:2351}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2352** Repealed by Acts 2022, No. 252, §3. {#sec-40-2352 omnilex-key=us-la-statutes--rs-title-40--40:2352}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2353** Repealed by Acts 2022, No. 252, §3. {#sec-40-2353 omnilex-key=us-la-statutes--rs-title-40--40:2353}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2354** Repealed by Acts 2022, No. 252, §3. {#sec-40-2354 omnilex-key=us-la-statutes--rs-title-40--40:2354}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2355** Repealed by Acts 2022, No. 252, §3. {#sec-40-2355 omnilex-key=us-la-statutes--rs-title-40--40:2355}

*Repealed by Acts 2022, No. 252, §3.*

### **CHAPTER 18** PEACE OFFICER STANDARDS AND TRAINING LAW

##### **§ 40:2401** Findings and policy {#sec-40-2401 omnilex-key=us-la-statutes--rs-title-40--40:2401}

The legislature finds all of the following:

(1) Law enforcement work is of such importance to the health, safety, and
welfare of the people of this state and is of such a nature as to require education and
training of a professional character. The needs of such education and training can be
met only by programs adequate in quality and scope and made available to those
persons who are serving as such officers including those in a temporary or
probationary capacity. Education should also be made available to persons who seek
to become peace officers, and this education should be supervised by a special
council composed of persons experienced in law enforcement work and the training
thereof rather than any other general board composed of nonlaw-enforcement
members.

(2) Part-time, volunteer, and reserve peace officers have been utilized for
decades by many police departments around the state and nation and have
traditionally served as a valuable remedy to combat staffing shortages and to provide
additional security during natural disasters and at events attracting large groups of
people. These reserve, volunteer, and part-time peace officers have routinely been
men and women who volunteered to serve their communities by freely giving their
time and talent to assist their local law enforcement agencies and often received no
monetary compensation whatsoever for their considerable past law enforcement
experience.

*Added by Acts 1976, No. 397, §1; Acts 2024, No. 322, §1, eff. May 28, 2024.*

##### **§ 40:2401.1** Prohibition against quotas {#sec-40-2401.1 omnilex-key=us-la-statutes--rs-title-40--40:2401.1}

A. No municipality or any police department thereof, nor any parish or any sheriff's department thereof, shall establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer on the basis of the officer making a predetermined or specified number of any type or combination of types of arrests or require or suggest to a law enforcement officer, that the law enforcement officer is required or expected to make a predetermined or specified number of any type or combination of types of arrests within a specified period.

B. No municipality or any police department thereof, nor any parish or any sheriff's department thereof, shall establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer on the basis of the officer's issuance of a predetermined or specified number of any type or combination of types of traffic citations or require or suggest to a law enforcement officer, that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period.

C. No state agency, political subdivision, or law enforcement agency shall offer a financial reward or other benefit to a law enforcement officer which is determined by or based on the number of citations issued.

D. This Section shall not prohibit a municipality from obtaining budgetary information from a municipal court or a municipal court of record, including an estimate of the amount of money the court anticipates will be collected in a budget year.

*Acts 2008, No. 479, §1, eff. June 25, 2008.*

##### **§ 40:2401.2** Recruitment of minority candidates {#sec-40-2401.2 omnilex-key=us-la-statutes--rs-title-40--40:2401.2}

The council shall develop a policy designed to increase the recruitment of minority
candidates for law enforcement positions which may be implemented by governmental
entities that employ a peace officer. All governmental entities that employ a peace officer
shall either develop and implement a policy designed to increase the recruitment of minority
candidates for peace officer positions or adopt and implement the P.O.S.T. recruitment of
minority candidate policy referenced in this Section.

*Acts 2021, No. 418, §2.*

##### **§ 40:2401.3** Requirement for grant applications {#sec-40-2401.3 omnilex-key=us-la-statutes--rs-title-40--40:2401.3}

In order to be eligible to apply for and receive any state grants administered or
procured by the Louisiana Commission on Law Enforcement and Administration of Criminal
Justice, any governmental entity that employs a peace officer shall implement an in-service
anti-bias training program, as administered by the council, including but not limited to topics
such as procedural justice, cultural diversity, community relations, and peer intervention.

*Acts 2021, No. 418, §2.*

##### **§ 40:2402** Definitions {#sec-40-2402 omnilex-key=us-la-statutes--rs-title-40--40:2402}

As used in this Chapter:

(1) "Governmental entity" means any board, authority, commission, department,
office, division, or agency of the state or any of its local political subdivisions.

(2) "Law enforcement training course" means a basic or advanced course of study
certified by the council on peace officer standards and training, for the purpose of educating
and training persons in the skills and techniques required of a peace officer in the discharge
of his duties.

(3)(a) "Peace officer" means any employee of the state, a municipality, a sheriff, or
other public agency, whose permanent duties actually include the making of arrests, the
performing of searches and seizures, or the execution of criminal warrants, and is responsible
for the prevention or detection of crime or for the enforcement of the penal, traffic, or
highway laws of this state, but not including any elected or appointed head of a law
enforcement department.

(b) "Peace officer" shall also include those sheriff's deputies whose duties include
the care, custody, and control of inmates.

(c) "Peace officer" shall also include military police officers within the Military
Department, state of Louisiana.

(d) "Peace officer" shall also include security personnel employed by the Supreme
Court of the state of Louisiana.

(e) "Peace officer" shall also include security personnel employed by a court of
appeal of the state of Louisiana.

(f) "Peace officer" shall also include the director of capitol security and security
officers employed by the legislature upon recommendation of the director as provided by
R.S. 24:681 et seq.

(4) "Training center" means any school, academy, institute, or any place of learning
whatsoever, which offers or conducts a law enforcement training course.

*Added by Acts 1976, No. 397, §1. Amended by Acts 1979, No. 489, §1; Acts 1984, No. 493, §1; Acts 2001, 2nd Ex. Sess., No. 8, §2, eff. Oct. 16, 2001; Acts 2003, No. 817, §1, eff. July 1, 2003; Acts 2009, No. 97, §1; Acts 2017, No. 272, §2, eff. June 16, 2017; Acts 2019, No. 294, §1; Acts 2022, No. 507, §2, eff. June 16, 2022.*

##### **§ 40:2403** Council on Peace Officer Standards and Training {#sec-40-2403 omnilex-key=us-la-statutes--rs-title-40--40:2403}

A. The Council on Peace Officer Standards and Training, hereinafter referred to as
the council, shall be placed under the jurisdiction of the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice within the office of the governor.

B.(1) The council shall consist of the attorney general and eleven members of the
Louisiana Commission on Law Enforcement and Administration of Criminal Justice, as
follows:

(a) Three sheriffs, appointed by the governor.

(b) Three police chiefs, appointed by the governor.

(c) Two district attorneys, appointed by the governor.

(d) The executive director of the commission on law enforcement.

(e) The superintendent of state police.

(f) The president of the Louisiana City Marshals and City Constables Association
or his designee.

(2) Each appointive member shall serve a term concurrent with that of the governor
making the appointment. Each appointment by the governor shall be submitted to the Senate
for confirmation.

(3) Every person who holds council membership by virtue of his official position or
employment shall cease to be a member when he no longer holds the position which
qualified him for membership on the council. Vacancies, whether created by death,
resignation, or otherwise, shall be filled in the same manner as the original appointment and
for the unexpired term of the predecessor of the appointee.

(4) Members of the council who hold positions of public employment or trust shall
perform such council duties without being in violation of R.S. 42:63 or R.S. 42:64 or any
other statute prohibiting dual office holding.

C. The council shall elect a chairman, vice chairman, and secretary from among its
membership. The quorum shall be determined by the bylaws of the council. The executive
director of the Louisiana Commission on Law Enforcement shall summon the council to its
first meeting.

D. Members of the council shall not receive compensation for their services, but may
receive reimbursement from their own respective departmental funds for expenses incurred
in the performance of the functions of the council.

E. The council shall hold meetings at such times and places in the state of Louisiana
as it deems proper. The meetings shall be called by the chairman upon his own motion or
upon the written request of eight members. The position of any member who fails to attend
four consecutive meetings shall be deemed to be vacant.

F. No funds are hereby budgeted for the commission.

G. Administrative and staff support for the council shall be furnished by the
Louisiana Commission on Law Enforcement, through plans developed by the Office of Peace
Officer Standards and Training.

H.(1) The council may establish and implement curricula and publish training
materials to train peace officers to identify, respond to, and report all crimes which are
directed against individuals or groups, or their property, by reason of their actual or perceived
race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or
ancestry.

(2)(a) The council shall include a training program on the crime of identity theft as
defined under R.S. 14:67.16 in any curriculum requirements for the training of peace officers
by January 1, 2004.

(b) The provisions of this Paragraph shall be implemented only to the extent that
funds are made available for such purpose.

*Amended by Acts 1991, No. 509, §2; Acts 1997, No. 1479, §3, eff. July 15, 1997; Acts 2003, No. 844, §2; Acts 2010, No. 898, §2; Acts 2024, No. 255, §1.*

##### **§ 40:2404** Powers of the council {#sec-40-2404 omnilex-key=us-la-statutes--rs-title-40--40:2404}

In addition to any other powers conferred upon the council pursuant to this Chapter
or by other law, the council shall have the following powers:

(1) To administer this Chapter.

(2) To develop minimum curriculum requirements for the training of peace officers.

(3) To accredit law enforcement training centers.

(4) To establish minimum law enforcement instructor qualifications and certify
individuals to act as law enforcement instructors.

(5) To inspect and evaluate all law enforcement training centers, programs, and
courses to ensure compliance with the state's law enforcement training standards. Such
inspection and evaluation shall include a comprehensive performance review at least once
every four years. Any training center which is determined not to meet the state's law
enforcement training standards pursuant to such a performance review shall be subject to
probation or loss of its accreditation as provided in Paragraph (8) of this Section.

(6) To provide a consulting service for law enforcement education and training
centers.

(7) To adopt, amend, or repeal rules and regulations to interpret and implement the
provisions of this Act, including, not exclusively, the powers of the council enumerated
herein.

(8) To withhold or withdraw accreditation from law enforcement training centers and
instructors upon a finding that the center, institution, or instructors thereof have failed or are
failing to maintain minimum standards set forth in this Chapter or promulgated by rules or
regulations of the council. In addition, any training center determined not to meet the state's
law enforcement training standards based upon the performance review conducted pursuant
to Paragraph (5) of this Section shall be placed on probation. The council shall make written
notification to any training center placed on probation and allow the training center not less
than thirty days nor more than ninety days to remedy any deficiencies and be removed from
probationary status. Any such training center which is not removed from probationary status
within the requisite time period shall lose its accreditation.

(9) To establish and implement curricula for such advanced, in-service, and
specialized training courses as the council shall deem advisable, including school resource
officer training, and to recognize the completion of such courses by the issuance of
certificates.

(10) To assist the Committee for the Coordination of Police Services to Elderly
Persons to assist in the development and delivery of training to law enforcement
professionals involved in the "Triad Programs", including but not limited to the following
subjects:

(a) Crimes against the elderly and the protection of elderly persons.

(b) Police sensitivity to the needs of elderly persons as victims, as witnesses, or as
victims of "vicarious victimization", which conditions impair their quality of life.

(c) Availability of social and human services.

(11) To approve and certify any school resource officer program and to exercise the
powers conferred upon the council pursuant to this Chapter in accrediting, certifying, and
establishing other requirements relative to such programs.

(12) To suspend or revoke P.O.S.T. certification and to develop and implement
polices and procedures to suspend or revoke P.O.S.T. certification for misconduct committed
by a peace officer.

*Added by Acts 1976, No. 397, §1. Amended by Acts 1979, No. 489, §1; Acts 1994, 3rd Ex. Sess., No. 19, §2; Acts 1998, 1st Ex. Sess., No. 108, §1; Acts 2004, No. 547, §2; Acts 2018, No. 206, §4; Acts 2021, No. 418, §2.*

##### **§ 40:2404.1** Additional powers of the council, school resource officers, School Violence Prevention Training Program {#sec-40-2404.1 omnilex-key=us-la-statutes--rs-title-40--40:2404.1}

A. In accordance with the provisions of R.S. 40:2404(11) and R.S. 17:416.19, the Council on Peace Officer Standards and Training shall develop and implement a School Violence Prevention Training Program under their jurisdiction and within the existing school resource officer program in conjunction with the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, the office of state police, local law enforcement agencies, and the State Board of Elementary and Secondary Education.

B. The Council on Peace Officer Standards and Training shall have the power to establish and appoint a committee with members representing the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, the accredited law enforcement training centers, the office of state police, local law enforcement agencies, and the State Board of Elementary and Secondary Education.

C. The committee shall have the following powers:

(1) To develop minimum curriculum requirements for the training and certification of school security guards, which standards shall apply uniformly throughout the state for all school security guards.

(2) To establish minimum law enforcement instruction qualifications at an accredited P.O.S.T. academy.

(3) To approve and certify a school security guard program and to establish other requirements relative to such program.

D. A portion of the funds appropriated for the program shall be allocated to local law enforcement agencies to be utilized for the cost of investigation, detection, and forensics costs of crime committed on school property.

E. After a secure funding source for this program becomes available, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall have six months to implement a one-year pilot test of the School Violence Prevention Training Program. The commission shall evaluate the results of the pilot test before recommending statewide implementation.

*Acts 2005, No. 441, §1.*

##### **§ 40:2404.2** Minimum training requirements; basic curriculum; annual training {#sec-40-2404.2 omnilex-key=us-la-statutes--rs-title-40--40:2404.2}

A. In addition to all training requirements provided for in this Chapter, in order to
be certified as a level one basic law enforcement peace officer, all persons shall successfully
complete a minimum of four hundred hours of core curriculum for basic peace officers as
prescribed by the council.

B.(1) All full-time, part-time, or reserve peace officers shall successfully complete
a minimum of twenty hours of in-service training requirements prescribed by the council on
an annual basis. All initial training requirements must be completed within the first calendar
year after receiving P.O.S.T. certification and annually thereafter.

(2) Under certain circumstances, the council may modify, extend, or waive an in-service training requirement on a case-by-case basis. Requests for modifications, extensions,
or waivers of annual in-service training requirements for an officer shall be in writing from
the agency head directly to the council. Waivers may be considered for extended continuous
medical leave or any other emergency event or events deemed as such by the council.

(3) Peace officers called to active military duty are not required to complete in-service training requirements missed during the performance of the active duty service.

(4) The council shall promulgate rules and regulations to implement the provisions
of this Subsection.

C.(1) No later than January 1, 2018, the council shall develop and implement
curriculum for de-escalation, bias policing recognition, sudden in-custody death, and crisis
intervention training, which shall include training for law enforcement interaction with
persons with mental illness and persons with developmental disabilities, for peace officers
that consists of classroom or internet instruction, or both.

(2) No later than January 1, 2022, the council shall develop and implement
curriculum to provide instruction for law enforcement personnel on procedural justice and
duty–to–intervene matters which shall include training for law enforcement personnel that
consists of classroom or internet instruction, or both.

*Acts 2017, No. 210, §1, eff. June 14, 2017; Acts 2020, No. 104, §1; Acts 2021, No. 418, §2.*

##### **§ 40:2404.3** Minimum training requirements for auxiliary officers; basic curriculum; annual training {#sec-40-2404.3 omnilex-key=us-la-statutes--rs-title-40--40:2404.3}

A.(1) In order to be certified as an auxiliary officer, a person shall successfully
complete a minimum of one hundred hours of core curriculum for basic peace officers as
prescribed by the council. The maximum number of hours required for auxiliary officer
training under this Section shall not exceed one hundred twenty hours. The auxiliary officer
shall pass an examination approved by the council within one calendar year of initial
volunteer service with a sheriff's department.

(2) This curriculum shall be created by the council with courses including but not
limited to legal definitions, stop and frisk, Miranda rights, arrests, elements of probable cause
determinations, firearm training, officer survival skills, de-escalation strategies, use of force,
cardiopulmonary resuscitation, and first aid. This curriculum may be taught at the auxiliary
officer's affiliated sheriff's department by a P.O.S.T. certified trainer.

(3) For the purpose of this Chapter, "auxiliary officer" means an individual who has
volunteered his service to a sheriff's department to assist in preserving public safety and has
been certified as an auxiliary officer by the council. An auxiliary officer shall serve under the
supervision of a P.O.S.T. certified deputy sheriff.

(4) The responsibilities of an auxiliary officer may include duties such as event
security and traffic direction, including but not limited to funeral processions, athletic
contests and sporting events, parades, festivals, or other similar activities, as supplemental
or additional personnel. An auxiliary officer may not effect an arrest, issue citations, or
conduct searches and seizures unless he is under the direct supervision of a P.O.S.T. certified
deputy sheriff.

B. All reserve and auxiliary peace officers shall successfully complete a minimum
of twenty hours of in-service training requirements prescribed by the council on an annual
basis. All initial training requirements shall be completed within the first calendar year after
receiving P.O.S.T. certification and annually thereafter.

*Acts 2025, No. 336, §1.*

##### **§ 40:2405** Peace officer training requirements; reimbursement by peace officer {#sec-40-2405 omnilex-key=us-la-statutes--rs-title-40--40:2405}

A.(1) Except as otherwise provided in Paragraph (2) of this Subsection, any person
who begins employment as a full-time peace officer in Louisiana subsequent to January 1,
1986, must successfully complete a certified training program approved by the council and
successfully pass a council-approved comprehensive examination within one calendar year
from the date of initial employment. The one-year period in which a full-time peace officer
is required to complete a certified training program approved by the council and successfully
pass a council-approved comprehensive examination is not interrupted if the peace officer
leaves the employing agency to be employed as a full-time peace officer in another agency
in Louisiana. Any person who fails to comply with this requirement shall be prohibited from
exercising the authority of a peace officer; however, such persons shall not be prohibited
from performing administrative duties.

(2) Any person who begins employment as a part-time or reserve peace officer in
Louisiana on or after January 1, 2022, shall successfully complete a certified training
program approved by the council and successfully pass a council-approved comprehensive
examination within three calendar years from the date of initial employment. The three-year
period in which a part-time or reserve peace officer is required to complete a certified
training program approved by the council and successfully pass a council-approved
comprehensive examination is not interrupted if the peace officer leaves the employing
agency to be employed as a part-time or reserve peace officer at another agency in Louisiana.
Any person who fails to comply with this requirement shall be prohibited from exercising
the authority of a peace officer; however, the person shall not be prohibited from performing
administrative duties. In no case shall a part-time or reserve peace officer be prevented from
continuing his duties if the employing agency is unable to provide the requisite training
because of a shortage of funds.

(3) No later than January 1, 2026, the council shall develop an updated training
program for auxiliary peace officers that complies with the provisions of R.S. 40:2404.3.

(4) Notwithstanding any provision of law to the contrary and subject to the policy and
procedures of the law enforcement agency with which he is employed, a part-time, reserve,
or auxiliary peace officer may be permitted to carry a concealed weapon if he has completed
the Council on Peace Officer Standards and Training basic firearms course.

B.(1) Additionally, the receipt of supplemental pay from the municipal police
officers fund, the deputy sheriffs' fund, the state police fund, or out of the funds appropriated
for military police by the Military Department, state of Louisiana, shall be contingent upon
the recipient's beginning employment as a peace officer after January 1, 1986, successfully
completing a council-approved training program, and passing the council-approved
examination within one calendar year from date of initial employment.

(2) Certified security personnel of the Supreme Court of Louisiana or of any court
of appeal of the state shall not be eligible to receive supplemental pay benefits even though
the peace officer has successfully completed a council-approved training program. The
commission issued to court security personnel shall remain in force and in effect at the
pleasure of the employing court.

C.(1) Peace officers employed as such prior to January 1, 1986, may continue their
employment and their receipt of supplemental pay without compliance with the provisions
of this Section.

(2) Reserve or part-time peace officers continuously serving as such prior to January
1, 1986, may continue their service without compliance with the provisions of this Section.

D. In no case shall the failure of a peace officer to obtain the required training within
the timeline required by this Section be grounds to suppress any evidence, testimony, or law
enforcement action whatsoever in a court of law.

E. Full-time peace officers employed after January 1, 1986, in villages of one
thousand or less, according to the last decennial census, shall have a period of two calendar
years to comply with the provisions of this Section. In addition, full-time peace officers
employed in such a village which adopts a home rule charter after July 1, 1998, and who
were employed as such at the time of adoption of the charter shall have a period of two
calendar years from the date of adoption of the charter to comply with the provisions of this
Section. In no case shall a peace officer of such a village be prevented from continuing his
duties or receiving regular or supplemental pay if the village is unable to provide the
requisite training because of a shortage of funds.

F.(1) After July 1, 2003, every governmental entity of this state intending to employ
on a permanent basis a peace officer who has satisfactorily completed a certified law
enforcement training course and basic firearms training program as required under this
Section may, as a condition of employment, require a newly appointed peace officer to enter
into a written employment contract executed prior to employment for a period of not longer
than two years from the date of satisfactory completion of the certified training course and
basic firearms training program.

(2) If a peace officer who has entered into a contract authorized under this
Subsection accepts employment as a peace officer with another governmental entity, the
peace officer shall reimburse the governmental entity that initially hired the peace officer for
the total costs incurred and expended during his or her training program, including the
officer's salary paid during the training period.

(3) The amount of reimbursement authorized by this Subsection shall be prorated
based upon the percentage of time that the peace officer completed his or her employment
contract. The amount of reimbursement authorized by this Subsection after the pro rata
amount is calculated shall be reduced by the cost of the training provided by the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice.

(4) The governmental entity which initially paid for the peace officer's law
enforcement training course and basic firearms training program shall submit an itemized
sworn statement to the peace officer, shall demand payment thereof, and may enforce
collection of the obligation through civil remedies and procedures.

G. The council may suspend the provisions of this Section as they apply to
designated Louisiana National Guard military police officers during a time of war,
heightened national security alert, or as specified by the United States Department of
Homeland Security.

H.(1) Notwithstanding any law to the contrary, the qualification to serve as a peace
officer pursuant to the requirements of this Chapter of a person who is not serving as a peace
officer in any capacity shall be retained without further training being required for a period
of five years from the date on which such person ceased to serve as a peace officer, provided
the person meets all of the following requirements:

(a) Served as a full-time, part-time, reserve, or auxiliary peace officer who met all
requirements of this Chapter for a continuous period of not less than two years immediately
preceding the date on which he ceased to serve as a peace officer.

(b) Satisfactorily completed a basic or advanced law enforcement training course as
provided for in this Chapter, including any required examination.

(c) Satisfactorily fulfilled all requirements for basic firearms training during active
service as a peace officer.

(2)(a) A person who is not serving as a peace officer, but who retains the
qualifications to do so, as provided in Paragraph (1) of this Subsection, may resume service
as a qualified peace officer during the five-year period provided the officer successfully
requalifies with his or her firearm in accordance with the provisions of this Section and
completes additional annual training for the year in which the peace officer resumes
employment as required and prescribed by the council.

(b) The council shall establish the training requirements required for a person who
seeks to resume service as a qualified peace officer after the five years of continued
qualification provided for in Paragraph (1) of this Subsection has expired.

(c) The additional annual training required of officers pursuant to Subparagraph (a)
of this Paragraph and Paragraph (I)(2) of this Section may be available online and at no cost
to the peace officer.

I. Any person who is enrolled in a law enforcement curriculum and who successfully
completes a certified Police Officer Standards and Training course or academy subsequent
to July 1, 2005, and does not begin employment as a peace officer upon completion of the
course or academy shall maintain their P.O.S.T. qualification status for a period of two years
provided they meet the following requirements:

(1) Satisfactorily complete a basic or advanced law enforcement training course as
provided for in this Chapter, including any required examination.

(2) Satisfactorily fulfill all requirements for annual basic firearms training and any
additional training for the year in which the peace officer resumes employment as required
and prescribed by the council.

J.(1) Notwithstanding any provision of law to the contrary, the P.O.S.T. certification
of any qualified peace officer, whether employed full-time, part-time, reserve, or auxiliary
shall be revoked upon the occurrence of any of the following conditions:

(a) A conviction of malfeasance in office.

(b) A conviction of an offense which results in the individual peace officer's
restriction of his constitutional right to bear arms.

(2) The Council on Peace Officer Standards and Training may conduct a revocation
hearing to determine whether the P.O.S.T. certification of any qualified peace officer,
whether employed full-time, part-time, reserve, or auxiliary shall be revoked if any of the
following conditions occur:

(a) The officer has been terminated by his employing law enforcement agency and
has exhausted all administrative remedies, or allowed to retire or resign, as a result of
disciplinary action taken against the officer for any conduct during the course and scope of
employment that would constitute an unreasonable use of force.

(b) The officer has been convicted of a misdemeanor involving the crime of domestic
abuse battery as provided in R.S. 14:35.3 or a felony in any court of the United States.

(c) The officer has failed to complete additional training as required and prescribed
by the council.

(d) The officer voluntarily surrenders certification.

(e) A judicial disposition in a criminal case results in revocation of certification.

(3)(a) Any hearing conducted by the council or appeal by an officer whose
certification has been revoked shall be conducted according to rules promulgated by the
council.

(b) Notice of a revocation hearing shall be provided to all officers involved at least
thirty days prior to the hearing date.

(4) The council shall promulgate rules in accordance with the Administrative
Procedure Act no later than January 1, 2018, subject to the oversight of the House Committee
on Judiciary and the Senate Committee on Judiciary B, to provide procedures governing
revocation hearings.

(5) Any peace officer whose certification has been denied or revoked by the council
may file an appeal under the provisions of the Administrative Procedure Act provided in R.S.
49:978.1.

*Added by Acts 1976, No. 397, §1. Amended by Acts 1981, No. 777, §2; Acts 1982, No. 766, §1; Acts 1985, No. 767, §1; Acts 1998, 1st Ex. Sess., No. 108, §1, eff. July 1, 1998; Acts 1999, No. 529, §1; Acts 2001, 2nd Ex. Sess., No. 8, §2, eff. Oct. 16, 2001; Acts 2003, No. 817, §1, eff. July 1, 2003; Acts 2003, No. 1063, §1; Acts 2005, No. 279, §1, eff. June 29, 2005; Acts 2007, No. 221, §1, eff. July 1, 2007; Acts 2008, No. 116, §1; Acts 2009, No. 97, §1; Acts 2016, No. 273, §2; Acts 2017, No. 177, §1; Acts 2017, No. 271, §1, eff. June 16, 2017; Acts 2017, No. 272, §§2, 4, eff. June 16, 2017; Acts 2018, No. 201, §1; Acts 2019, No. 294, §1; Acts 2022, No. 668, §2, eff. June 18, 2022; Acts 2024, No. 322, §1, May 28, 2024; Acts 2025, No. 336, §1.*

##### **§ 40:2405.1** Special equipment provided by Department of Public Safety and Corrections {#sec-40-2405.1 omnilex-key=us-la-statutes--rs-title-40--40:2405.1}

A. The Department of Public Safety and Corrections, from funds appropriated for
this purpose, shall provide upon request special protective equipment, commonly known as
a bulletproof vest, for every "peace officer" in the state of Louisiana. As used in this Section,
"peace officer" means any full-time employee of the state, a municipality, a sheriff, or other
public agency, whose principal permanent duties primarily involve the prevention or
detection of crime or the enforcement of penal and traffic laws and actually include the
making of arrests and the performing of searches and seizures.

B.(1) To the extent that funds are not appropriated to the Department of Public Safety
and Corrections for the purposes provided in Subsection A of this Section, the department
may make available for purchase to law enforcement agencies for use by their peace officers
bulletproof vests no longer utilized by the department for which the manufacturer warranty
has expired.

(2) Any purchase pursuant to this Section shall be conducted pursuant to rules or
regulations adopted by the Louisiana Property Assistance Agency.

(3)The state of Louisiana, its agencies and assigns, including but not limited to the
Department of Public Safety and Corrections shall be immune from any liability relating to
or resulting from the purchase, issuance, or failure of bulletproof vests transferred pursuant
to the provisions of this Section.

(4)(a) Not later than ninety days prior to the destruction of any bulletproof vest, the
department shall give notice to law enforcement agencies and constables that bulletproof
vests no longer utilized by the department for which the manufacturer warranty has expired
are available for purchase for use by part-time and reserve peace officers, constables, and
deputy constables.

(b) As used in this Paragraph, "part-time and reserve peace officer" means any part-time peace officer and any reserve peace officer employed by the state, a municipality, a
sheriff, or other public agency whose principal duties primarily involve the prevention or
detection of crime or the enforcement of penal and traffic laws and actually include the
making of arrests and the performing of searches and seizures.

(c) As used in this Paragraph, "constables and deputy constables" means any elected
constable as provided in R.S. 13:2583 and any deputy constable appointed by a constable.

C. Prior to the purchase and distribution of the bulletproof vests, the director of each
law enforcement agency shall supply a sworn affidavit stating the number of vests on hand,
the number of vests requested, and that it shall be the policy of the agency that all officers
receiving vests shall be expected to wear them.

D. The provisions of this Section shall not be construed to require that a peace
officer wear a bulletproof vest.

*Acts 1990, No. 1060, §1; Acts 2013, No. 301, §1; Acts 2018, No. 388, §1.*

##### **§ 40:2405.2** Repealed by Acts 2022, No. 252, §3. {#sec-40-2405.2 omnilex-key=us-la-statutes--rs-title-40--40:2405.2}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2405.3** Unlawful activity by non-accredited training centers {#sec-40-2405.3 omnilex-key=us-la-statutes--rs-title-40--40:2405.3}

It shall be unlawful for any training center to offer, conduct, award any certificates or documents purporting to evidence completion of, or solicit prospective trainees for a basic law enforcement training course, unless same is approved and accredited by the council.

*Acts 1998, 1st Ex. Sess., No. 108, §1.*

##### **§ 40:2405.4** Additional requirements of peace officers {#sec-40-2405.4 omnilex-key=us-la-statutes--rs-title-40--40:2405.4}

A. Notwithstanding any provision of law to the contrary, any person being hired as
a peace officer with a law enforcement agency on or after August 15, 2003, shall provide the
law enforcement agency with a sample of his DNA material and fingerprint prior to the
commencement of the discharge of his duties. The law enforcement agency shall also
conduct a criminal background check of any peace officer it employs after August 15, 2003.

B. Any person currently employed as a peace officer and employed in that position
prior to August 15, 2003, may elect to provide the law enforcement agency with which he
is employed with a sample of his DNA material.

C. Any person hired as a peace officer with a law enforcement agency on or after
August 15, 2003, shall have his DNA collected and the biological sample stored. A person
currently employed as a peace officer may authorize that his DNA be tested by the taking of
a biological sample.

D. The DNA material collected pursuant to the provisions of this Section shall be
stored in a secure and protective manner and location.

E. Before any DNA material may be tested, the peace officer shall be notified in
writing, and the peace officer must give his written consent to his DNA material being tested
before any such procedure, testing, or analysis is undertaken.

F. If the peace officer does not consent in writing to the testing of his DNA, the DNA
of an individual peace officer may be tested only upon a showing of probable cause before
the judge who issues the court order authorizing the testing of the DNA of the peace officer.

G.(1) To ensure privacy rights of each peace officer who gives a DNA sample, the
DNA may only be used, tested, or released for either of the following two purposes:

(a) Upon a finding of probable cause by a judge in a criminal case that the peace
officer has committed a criminal act, unless the peace officer consents in writing to another
use, testing, or release of the DNA.

(b) Upon the death of a peace officer and the use of the DNA is necessary to provide
a positive identification of the decedent.

(2) Any person who violates the provisions of this Subsection shall be subject to a
fine not to exceed five thousand dollars or imprisonment for not more than three years, or
both.

H. The division of public safety services, office of state police, after receiving input
from local law enforcement agencies and local law enforcement officers, shall adopt a
uniform system for testing of DNA material as provided for in this Section and all such other
rules and regulations as may be necessary to implement the provisions of this Section, all in
accordance with the Administrative Procedure Act.

I. For purposes of this Section:

(1) "DNA" shall have the same meaning as in R.S. 15:603.

(2) "Peace officer" shall have the same meaning as in R.S. 40:2402 with the
exception of full-time military police officers within the Military Department. "Peace
officer" shall also include all law enforcement officers employed by any public college or
university in this state.

*Acts 2003, No. 894, §1; Acts 2018, No. 502, §1.*

##### **§ 40:2405.5** Repealed by Acts 2017, No. 210, §2, eff. June 14, 2017. {#sec-40-2405.5 omnilex-key=us-la-statutes--rs-title-40--40:2405.5}

*Repealed by Acts 2017, No. 210, §2, eff. June 14, 2017.*

##### **§ 40:2405.6** Training for peace officers; electronic control devices {#sec-40-2405.6 omnilex-key=us-la-statutes--rs-title-40--40:2405.6}

Manufacturers of electronic control devices, commonly referred to as "stun guns", which are sold for law enforcement purposes within the state of Louisiana shall develop a training and certification course which shall instruct peace officers as to the proper handling and use of the devices. The course shall also contain instruction regarding the impact of high voltage electronic control devices and the effects of their use. Every peace officer who purchases or is issued an electronic control device for use in the performance of his duties shall successfully complete this training course.

*Acts 2010, No. 578, §1.*

##### **§ 40:2405.7** Human trafficking training; report to legislature {#sec-40-2405.7 omnilex-key=us-la-statutes--rs-title-40--40:2405.7}

A. The council shall provide training for law enforcement agencies in addressing
human trafficking.

B. Such training shall focus on all of the following:

(1) Investigating human trafficking under R.S. 14:46.2.

(2) Investigating trafficking of children for sexual purposes under R.S. 14:46.3 and
the special needs of sexually exploited children.

(3) Methods used in identifying United States citizens and foreign national victims
of human trafficking, including preliminary interview techniques and appropriate questioning
methods.

(4) Methods of increasing effective collaboration with nongovernmental
organizations and other relevant social service organizations in the course of investigating
and prosecuting a human trafficking case.

(5) Methods for protecting the rights of victims of human trafficking, taking into
account the need to consider human rights and the special needs of female and child victims.

(6) The necessity of treating victims of human trafficking as crime victims rather
than criminals.

(7) Methods for promoting the safety of victims of human trafficking.

C. The council shall seek input and participation of appropriate nongovernmental
organizations and other relevant organizations in the preparation and presentation of training
called for in this Section.

D.(1) Within one year of employment, all peace officers, as defined in R.S. 40:2402,
shall receive seven hours of training on human trafficking from the Council on Peace Officer
Standards and Training's online Learning Management System program. All peace officers
employed on August 1, 2022, who have been employed for one year or more, shall receive
seven hours of training on human trafficking from the Council on Peace Officer Standards
and Training's Learning Management System program by December 31, 2022.

(2) Beginning in 2023, the Council on Peace Officer Standards and Training shall
report compliance percentages of human trafficking training to the Senate Committee on
Judiciary B and the House Committee on Judiciary from the previous year not later than
February fifteenth of each year.

E. The council shall promulgate rules and regulations in accordance with the
Administrative Procedure Act, subject to the oversight of the Senate Committee on Judiciary
B and the House Committee on Judiciary, for the implementation of the human trafficking
training program.

*Acts 2014, No. 564, §3; Acts 2022, No. 538, §1.*

##### **§ 40:2405.8** Additional peace officer training requirements {#sec-40-2405.8 omnilex-key=us-la-statutes--rs-title-40--40:2405.8}

A. The council shall develop and continuously update a Peace Officer Standards and
Training (P.O.S.T.) recognized homicide investigator training program and a sexual assault
awareness training program for peace officers that shall consist of classroom or Internet
instruction, or both. The training programs may include field officer training as prescribed
by the council.

B. The council shall create and maintain a current list of those peace officers who
have successfully completed the homicide investigator training program for purposes of
coordinating homicide investigations occurring in the state. Except for peace officers
investigating cases of vehicular homicide as defined in R.S. 14:32.1, on and after January 1,
2017, only peace officers who successfully complete the homicide investigator training
program or receive a waiver of compliance based on prior training or experience as a
homicide investigator shall be assigned to lead investigations in homicide cases.

C.(1) The council shall develop the sexual assault awareness training program in a
series of modules to include all of the following:

(a) The neurobiology of sexual assault and trauma, including victim impact.

(b) Response to sexual assault, including but not limited to investigative methods,
collecting and securing evidence, and interviewing victims.

(c) Applicable federal and state victims' rights laws.

(2) The council shall solicit free or no-cost training and technical assistance and may
accept gifts, grants, and donations from whatever sources are available for purposes of this
Subsection. The council shall consult with appropriate governmental agencies and
nongovernmental statewide agencies in the development and presentation of the training
required by this Subsection. Regarding nongovernmental agencies, only agencies whose
primary purpose is the delivery of sexual assault services to victims are required to be
consulted.

(3) On and after July 1, 2016, each peace officer, as defined in R.S. 40:2402(3)(a),
shall complete a sexual assault awareness training program as provided by the council.

D. The council shall create and maintain a current list of those peace officers who
have successfully completed the sexual assault awareness training program for purposes of
coordinating sexual assault investigations.

E.(1) The council shall develop a domestic violence awareness training program in
a series of modules to include all of the following:

(a) Dynamics of domestic violence.

(b) Predominant aggressor determination.

(c) Neurobiology of trauma and its implications for victim communication.

(d) Strangulation response and investigation methods.

(e) Evidence-based investigation methods.

(f) Protection order enforcement and the Louisiana Protective Order Registry.

(g) Applicable state and federal domestic violence laws.

(2) On and after July 1, 2018, each peace officer, as defined in R.S. 40:2402(3)(a),
shall complete a domestic violence awareness training program as provided by the council.

F.(1) The council, in collaboration with the community, shall develop a
communication training plan. The plan shall incorporate officer techniques for face-to-face
communications with hard of hearing or deaf persons. The training shall cover the following
topics:

(a) Recognition of deaf or hard of hearing individuals.

(b) Communication tips including but not limited to the following:

(i) Review of the ADA publication, "Communicating with People Who Are Deaf or
Hard of Hearing: ADA Guide for Law Enforcement Officer".

(ii) Training with communication cards or other forms of assistance technology for
law enforcement officers interacting with deaf or hard of hearing individuals.

(c) Information regarding how to access interpreters, TTY, and relay services.

(d) Rights of deaf and hard of hearing individuals, including interrogations.

(e) Applicable state and federal laws.

(2) On and after January 1, 2019, each peace officer, as defined in R.S.
40:2402(3)(a), shall complete an interactive training module as provided by the council on
communicating with deaf and hard of hearing individuals.

(3) The council shall approve communication cards developed by any public or
private entity, including nongovernmental advocacy groups, that specializes in working with
deaf and hard of hearing individuals for the use by law enforcement officers. The
communication cards should be made available in all law enforcement agency headquarters
and substations. Additionally, all officers shall have communication cards available in patrol
vehicles.

G.(1) The council shall include motorcyclist profiling awareness training in the
current bias-recognition policing curriculum. The training shall consist of at least one-half
hour of classroom or internet instruction, or a combination of classroom and internet
instruction. This training shall address issues related to motorcyclist profiling and shall be
provided to peace officers as defined in R.S. 40:2402(3)(a).

(2) For purposes of this Subsection, "motorcyclist profiling" shall mean the arbitrary
use of the fact that an individual rides a motorcycle or wears motorcycle-related clothing or
paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or
search the individual or his motorcycle or motor vehicle.

H. The council shall ensure that Alzheimer's and dementia training are incorporated
within their education programs.

I.(1) The council shall promulgate rules and regulations in accordance with the
Administrative Procedure Act, subject to the oversight of the House Committee on the
Administration of Criminal Justice and the Senate Committee on Judiciary B, for the
implementation of a homicide investigator training program.

(2)(a) The council shall promulgate rules and regulations in accordance with the
Administrative Procedure Act, subject to the oversight of the House Committee on the
Administration of Criminal Justice and the Senate Committee on Judiciary B, for the
implementation of a sexual assault awareness training program as provided in R.S.
17:1805(H).

(b) The council shall promulgate rules and regulations in accordance with the
Administrative Procedure Act, subject to the oversight of the House Committee on the
Administration of Criminal Justice and the Senate Committee on Judiciary B, for the
implementation of a sexual assault awareness training program for peace officers as defined
in R.S. 40:2402(3)(a) as provided in Paragraph (C)(3) of this Section.

(3)(a) The council shall promulgate rules in accordance with the Administrative
Procedure Act for implementation of the following training programs for peace officers as
provided in Subsections E and F of this Section:

(i) Domestic violence awareness training.

(ii) Communication with deaf or hard of hearing individuals.

(b) The council shall create and maintain a list of peace officers who have
successfully completed the domestic violence awareness training and the training on
communication with deaf or hard of hearing individuals.

J.(1) The council shall develop and continuously update trauma-informed training
materials related to domestic violence, sexual assault, and sex trafficking in its basic and in-service training curriculums.

(2) For the purposes of this Subsection, trauma-informed materials shall include
skills, practices, and leadership relating only to domestic violence, sexual assault, and sex
trafficking.

(3) The initial orientation to sex trafficking trauma-informed training shall be
classroom instruction and shall be conducted at a P.O.S.T.-accredited academy or a P.O.S.T.-approved training center. The council may designate an alternative method for delivery of
the training when otherwise not logistically feasible.

(4) All peace officers employed on August 1, 2024, who have been employed for one
year or more shall complete the training within one year after the curriculum has been
developed and approved by the council.

(5) The trauma-informed training and materials required by this Subsection shall not
include materials relating to diversity, equity, and inclusion practices or policies.

*Acts 2003, No. 894, §1; Acts 2015, No. 152, §2, eff. June 23, 2015; Acts 2017, No. 94, §1; Acts 2018, No. 495, §1; Acts 2019, No. 294, §1; Acts 2019, No. 308, §1; Acts 2024, No. 353, §1.*

##### **§ 40:2405.9** Identification of minor or dependent children of an arrested person; guidelines and training {#sec-40-2405.9 omnilex-key=us-la-statutes--rs-title-40--40:2405.9}

A. The Council on Peace Officer Standards and Training shall develop guidelines
and provide training for law enforcement agencies on identifying and ensuring the safety of
minor or dependent children upon the arrest of the child's parent or guardian.

B. The guidelines and training shall include all of the following:

(1) Procedures to ensure that law enforcement officers inquire or otherwise ascertain
whether an arrested person has a minor or dependent under his care, custody, or control at
the time of the arrest.

(2) Procedures for the proper arrangement of temporary care for children to ensure
their safety and well-being with a priority on placing children with supportive family
members and trusted adults.

(3) Education on how witnessing a violent crime or other event causes emotional
harm to children and how law enforcement can assist in mitigating the long-term effects of
the trauma.

(4) Procedures for reporting on the number of instances requiring a referral to a
partner organization or transportation of the child to a child advocacy center when the child
is unable to be placed with a family member.

(5) Procedures to ensure law enforcement officers receive annual training as
mandatory reporters of child abuse or neglect in accordance with Children's Code Article
609.

C. The council shall work in conjunction with and receive input from appropriate
nongovernmental organizations and other relevant organizations that are invested in the
rights of children with incarcerated parents to develop and establish the guidelines and
training program required by this Section.

D. Nothing in this Section shall preclude a law enforcement officer's responsibility
as a mandatory reporter to report suspected child abuse or neglect in accordance with
Children's Code Article 603.

*Acts 2021, No. 126, §1.*

##### **§ 40:2406** Short title {#sec-40-2406 omnilex-key=us-la-statutes--rs-title-40--40:2406}

The short title of this Chapter is Peace Officers Standards and Training Law.

*Added by Acts 1976, No. 397, §1.*

### **CHAPTER 18-A** PEACE OFFICER AND PUBLIC SAFETY PERSONNEL PEER SUPPORT AND MENTAL HEALTH AND WELLNESS

##### **§ 40:2411** Peace Officer and Public Safety Personnel Peer Support and Mental Health and Wellness Act {#sec-40-2411 omnilex-key=us-la-statutes--rs-title-40--40:2411}

A. Legislative intent and statement of public policy. (1) Peace officers and public
safety personnel are often exposed to traumatic, hazardous, violent, and life-threatening
situations throughout their careers. The very nature of the work they perform can also cause
stress in their personal life and familial relationships. These factors cumulatively can take
a toll on both the mental and physical well-being of our peace officers and public safety
personnel, which in turn can affect their job performance. Peace officers and public safety
personnel are no less susceptible than any other citizens of Louisiana to mental health issues,
including depression, alcoholism, and drug addiction.

(2) Peer support encompasses a range of activities and interactions between
individuals with common life experiences. This mutuality fosters personal connection and
inspires hope. Peer support has been used for decades by law enforcement agencies following
critical incidents. Congress has recognized the importance of peer support programs for law
enforcement officers through the Law Enforcement Mental Health and Wellness Act of 2017.
Peer support and early intervention are important for successful detection and treatment of
mental health issues, a reduction of poor job performance and misconduct, an increase in
retention of trained peace officers, and a reduction of the suicide rate in the law enforcement
and public safety professions.

(3) Peace officers and public safety personnel who protect and serve the public are
often reluctant to seek help for themselves. It is important that those in positions to offer
assistance have a full understanding of the job of peace officers and those personnel who
support their mission. In an effort to manage stress and support the overall wellness and
mental health of peace officers and public safety personnel, and for the benefit and safety of
the general public they serve, peace officers and public safety personnel are hereby
encouraged to seek assistance from their peers and to feel confident that their participation
in a peer support program shall be privileged and confidential in all respects and shall not be
divulged to the public.

(4) It is hereby declared to be the public policy of the state of Louisiana to promote
and encourage the use of trained peers for support among peace officers and public safety
personnel. The intent of this Section is to further this goal by providing for a privilege,
confidentiality of information, and tort immunity for governmental entities, their agents,
employees, and persons who, on their behalf, furnish information and participate as
volunteers in peer support programs for peace officers and public safety personnel.

B. Except for participation in a peer support session following a critical incident as
may be required by a governmental entity, no peace officer or public safety personnel shall
be mandated to participate in a peer support session or program.

C. Definitions. For purposes of this Section:

(1) "Governmental entity" means any board, authority, commission, department,
office, division, or agency of the state or any of its political subdivisions.

(2) "Peace officer" means any of the following:

(a) An employee of the state, a municipality, a sheriff, or other public agency, whose
permanent duties include the making of arrests, the performing of searches and seizures, or
the execution of criminal warrants, and who is responsible for the prevention or detection of
crime or for the enforcement of the penal, traffic, or highway laws of this state, but does not
include any elected or appointed head of a law enforcement department.

(b) A sheriff's deputy whose duties include the care, custody, and control of inmates.

(c) A military police officer within the Military Department, state of Louisiana.

(d) Security personnel employed by the Louisiana Supreme Court.

(e) Security personnel employed by a court of appeal of the state of Louisiana.

(3) "Peer support member" means a person, whether a peace officer or not,
specifically trained and certified in peer support training, as defined in this Subsection, to
voluntarily provide confidential emotional and moral support and assistance to peace officers
and public safety personnel, and approved as a peer support member by the executive
director of the Louisiana Commission on Law Enforcement and Administration of Criminal
Justice. A peer support member may be, but is not required to be, a licensed counselor or
mental health professional.

(4) "Peer support program" means a program established by a governmental entity
to provide peer support services to peace officers and public safety personnel.

(5) "Peer support session" means any communication by a peace officer or public
safety personnel with a peer support member, accomplished primarily through listening,
assessing, and assisting with problem-solving, and may include referring a peace officer or
public safety personnel for professional intervention or treatment that is beyond the scope
of the peer support member. A peer support session also includes a group session following
a critical incident experienced by a group of peace officers or public safety personnel.

(6) "Peer support training" means training in peer support and critical incident stress
conducted by the Southern Law Enforcement Foundation, the International Critical Incident
Stress Foundation, Inc., the International Association of Fire Fighters, or an equivalent
program as approved by the executive director of the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice.

(7) "Public safety personnel" means a firefighter or an employee of a governmental
entity who, by virtue of his job duties, provides support to peace officers, including but not
limited to a dispatcher, public safety telecommunicator as defined in R.S. 40:1131, crime
scene and crime laboratory technician, and criminal analyst.

D. Peer support member training. (1) Any governmental entity that establishes a peer
support program shall ensure that a peer support member successfully completes the training
required by this Section before being designated as a peer support member to provide
emotional and moral support to peace officers and public safety personnel.

(2) The provisions of this Section apply only to peer support sessions conducted by
an employee or agent of a governmental entity who has:

(a) Successfully completed peer support training.

(b) At the time of the peer support session, been designated by a governmental entity
to act as a peer support member.

E. Privilege and confidentiality. (1) Any and all information, reports, records, or
communications, whether oral, written, or electronic, that are made, generated, received, or
maintained by or in connection with a peer support program or session, are considered
privileged and confidential and shall not be considered public records for the purposes of the
Public Records Law, R.S. 44:1 et seq.

(2)(a) Except as otherwise provided by this Chapter, no person, including a peer
support member, shall disclose any information, reports, records, or communications
described in Paragraph (1) of this Subsection to any other person without the prior written
approval of the peace officer or public safety personnel who is the subject of the peer support
session or if the peace officer or public safety personnel is deceased, by his legal successor.

(b) This Paragraph shall not prohibit or limit any communication between peer
support members, nor prohibit or limit peer support members from sharing among
themselves any information, reports, records, or communications about a peace officer or
public safety personnel, when done for the purpose of furthering the goals of the peer support
program.

(c) This Paragraph shall not prohibit a governmental entity from compiling and
maintaining statistics relating to a peer support program or sessions, provided that these
statistics shall not contain information that could in any way identify a peace officer or public
safety personnel participating in a peer support session or program.

(3) No person, including a peer support member, shall be required to disclose, by
way of testimony or otherwise, information made privileged and confidential by this
Subsection or to produce, under subpoena or a public records request, any records,
documents, opinions, or decisions relating to privileged or confidential information:

(a) In connection with any administrative, civil, or criminal case, proceeding, or
adjudication.

(b) By way of any discovery procedure.

(c) By way of any request for public records pursuant to R.S. 44:1 et seq.

(4) The privilege and confidentiality provided by this Subsection are supplementary
to any other statute, rule, or jurisprudence creating or relating to an applicable privilege,
confidentiality, or public records exemption.

(5)(a) Any peer support member or other person who reveals the contents of a
communication made privileged or confidential by this Subsection, or any person who
threatens, intimidates, or attempts to compel a peer support member to disclose the contents
of a privileged or confidential communication, shall be subject to any discipline or penalties
imposed by the governmental entity.

(b) In addition to the discipline or penalties provided by Subparagraph (a) of this
Paragraph, whoever violates the provisions of this Subsection shall be guilty of a
misdemeanor, and upon conviction thereof, shall be fined not more than one thousand
dollars, or imprisoned for not more than six months, or both.

(6) The privilege and confidentiality provided by this Subsection shall not apply to
any of the following:

(a) A threat of suicide or homicide made by a peace officer or public safety personnel
in a peer support session or any information conveyed in a peer support session relating to
a threat of suicide or homicide.

(b) Information mandated by law to be reported, including but not limited to
information relating to child abuse or neglect, elderly abuse or neglect, or domestic violence.

(c) Any communication that reveals the commission of a crime.

(d) Any communication that reveals the intended commission of a crime or harmful
act, when disclosure of the communication is determined by the peer support member to be
required in order to protect any person from a clear, imminent risk of serious mental or
physical harm or injury, or to forestall a serious threat to public safety.

(e) Any communication made to a peer support member not in connection with a
peer support session, or in the course of an incident that the peer support member responded
to, was a witness to, or was a party to, in a capacity other than a peer support member.

(7) Nothing in this Subsection shall limit the discovery or introduction in evidence
of knowledge acquired by a peace officer or public safety personnel from observations made
by him during the course of his employment, or material or information acquired by him
during the course of his employment, that was not discovered during a peer support session
and is otherwise subject to discovery or introduction in evidence.

F. Civil immunity. (1) Any governmental entity that has a peer support program, and
its employees and agents, including peer support members, shall be immune from civil
liability for, or resulting from, any act, decision, omission, communication, writing, report,
finding, opinion, or conclusion, done or made in good faith while engaged in efforts to assist
a peace officer or public safety personnel through a peer support program.

(2) A person who in good faith reports information or takes action in connection with
any peer support program is immune from civil liability for reporting the information or
taking such action, or participating therein, and in particular, reporting information or taking
action arising out of any peer support session. This immunity shall not protect a person who
makes a report known to be false or with reckless disregard for the truth.

(3) The civil immunity provided by this Subsection shall be liberally construed to
accomplish the purposes of this Section.

*Acts 2021, No. 283, §1; Acts 2023, No. 23, §2.*

### **CHAPTER 19** GOVERNOR'S COUNCIL ON PHYSICAL FITNESS AND SPORTS

##### **§ 40:2451** Creation; membership; term of office {#sec-40-2451 omnilex-key=us-la-statutes--rs-title-40--40:2451}

A. An agency of the state to be known as the Governor's Council on
Physical Fitness and Sports is hereby created and established in the Louisiana
Department of Health, hereinafter in this Chapter referred to as the department.
The council shall exercise the powers and duties hereinafter set forth or
otherwise provided by law.

B. The council shall consist of fifteen members who shall be appointed
by the governor and shall be representative of physicians, pediatricians,
coaches, physical therapists, athletic trainers, athletes, educators and such other
persons or professions interested in the physical fitness of the citizens of
Louisiana. In making his appointments, the governor shall also take into
consideration the various geographic areas of the state with a view to giving
all sections of the state representation on the council.

C. The terms of office of members of the council shall be for three
years expiring on September first in the appropriate year. Of the initial
members appointed to the board, four members shall be appointed for terms
of one year, five members shall be appointed for terms of two years, and six
members shall be appointed for terms of three years, as determined by the
governor. The governor may reappoint any person who has served or is
serving as a member of the council. A vacancy shall be filled by appointment
only for the remainder of the unexpired term. Each appointment by the
governor shall be submitted to the Senate for confirmation.

D. The council shall meet and organize immediately after appointment
of the members and shall elect from its membership a chairman and a vice
chairman. The council shall adopt rules for the transaction of its business and
shall keep a record of its resolutions, transactions, findings, and
determinations. Eight members shall constitute a quorum.

E. The council shall meet at least once in each quarter of the fiscal
year, and as often thereafter as shall be deemed necessary by the chairman.

F. By a two-thirds vote of the council, a member may be dismissed
from membership for such reasons as the council may establish, which reasons
shall include lack of interest in council duties or repeated absences from
council meetings.

G. Members of the council shall receive no salary for their services, but
shall be reimbursed for actual travel and other expenses incurred while in the
performance of their duties in accordance with travel regulations of the
division of administration.

*Added by Acts 1980, No. 751, §2; Acts 2003, No. 774, §11.*

##### **§ 40:2452** Staff {#sec-40-2452 omnilex-key=us-la-statutes--rs-title-40--40:2452}

The council shall be administered by an executive director. The department shall employ necessary staff to carry out the duties and functions of the council as otherwise provided in this Chapter, or as otherwise provided by law.

*Added by Acts 1980, No. 751, §2.*

##### **§ 40:2453** Powers and duties {#sec-40-2453 omnilex-key=us-la-statutes--rs-title-40--40:2453}

The council shall have the following powers and duties:

(1) To develop, foster, and coordinate services and programs of physical fitness and sports for the people of Louisiana.

(2) To sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities.

(3) To give recognition to outstanding developments and achievements in, and contributions to, physical fitness and sports.

(4) To stimulate physical fitness research.

(5) To collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and sports.

(6) To assist the Department of Education in helping schools in developing health and physical fitness programs for students.

(7) To encourage local governments and communities to develop local physical fitness programs and amateur athletic competitions.

(8) To develop programs to promote personal health and physical fitness in cooperation with medical, dental, and other similar professional societies.

(9) To enlist the support of individuals, civic groups, amateur and professional sports associations, and other organizations to promote and improve physical fitness and sports programs.

*Added by Acts 1980, No. 751, §2.*

##### **§ 40:2454** Grants; ability to contract {#sec-40-2454 omnilex-key=us-la-statutes--rs-title-40--40:2454}

The council may accept grants, gifts, and bequests and enter into contracts to carry out the purposes of this Chapter.

*Added by Acts 1980, No. 751, §2.*

##### **§ 40:2455** Exemptions {#sec-40-2455 omnilex-key=us-la-statutes--rs-title-40--40:2455}

All high school and collegiate athletic programs in the state of Louisiana shall be exempt from the provisions of this Chapter.

*Added by Acts 1980, No. 751, §2.*

### **CHAPTER 20** LONG TERM HOME HEALTH CARE

##### **§ 40:2471** Statement of purpose {#sec-40-2471 omnilex-key=us-la-statutes--rs-title-40--40:2471}

A. The legislature hereby declares that one of the most serious issues facing the present health care system today is the absence of a high quality home health care service delivery system as an alternative approach to traditional institutional placement. Furthermore, extensive legislative study has revealed that home care is increasingly being recognized as the preferred method in the delivery of service to persons who are chronically ill and persons with disabilities because it: (1) allows such persons to receive needed treatment and care at home while enabling them to continue to maintain the family and community ties which are so important; and (2) provides less costly long term care services that are by far more satisfying and effective than institutional placement.

B. Federal developments under Public Law 97-35, "The Omnibus Budget Reconciliation Act of 1981," have given states more latitude and authority to cover a broad range of in-home and community support services under Medicaid. The legislature recognizes the need for deinstitutionalization of persons who are chronically ill and persons with disabilities, and intends that the state should not only participate in such programs but also establish a broad range of coordinated noninstitutional care. Therefore, it is the purpose of this Chapter to provide for a comprehensive and fully coordinated approach to long term home health care. The legislature further recognizes that persons other than those eligible for Medicaid are also in need of a broad array of health and social services. The legislature therefore states its intent to expand the long term home health care program in terms of eligibility requirements and the range of services provided for recipients. For this purpose, the Oversight Subcommittee of the Joint Committee on Health and Welfare shall periodically review the program.

*Added by Acts 1982, No. 715, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.*

##### **§ 40:2472** Definitions {#sec-40-2472 omnilex-key=us-la-statutes--rs-title-40--40:2472}

For the purposes of this Chapter, the following shall apply:

(1) "Department" shall mean the Louisiana Department of Health.

(2) "Hospital" shall mean a licensed hospital as defined by and regulated
under R.S. 40:2100-40:2113.5.

(3) "Long term home health care" shall mean a comprehensive, coordinated
plan of care and services provided in the home to those persons who require care,
treatment, maintenance, nursing, or other medical and social services and who are
medically eligible for placement in a hospital or nursing home.

(4) "Nursing home" shall mean a licensed nursing home as defined by and
regulated under R.S. 40:2009.2-40:2009.19.

(5) "Primary provider of home health care" shall mean those providers that
are certified to participate and who are enrolled in the Medical Assistance Program
to provide such services.

(6) "Secretary" shall mean the secretary of the Louisiana Department of
Health.

*Added by Acts 1982, No. 715, §1.*

##### **§ 40:2473** Long term home health care program; establishment {#sec-40-2473 omnilex-key=us-la-statutes--rs-title-40--40:2473}

The secretary of the Louisiana Department of Health shall establish a
long term home health care program which shall provide long term home
health care to persons otherwise eligible for Title XXI services who would
require placement in a hospital or nursing home if such long term home health
care were not available. Such care shall be provided in the person's own home
or in the home of a responsible relative or other responsible adult and may
include but not be limited to nursing care, physical therapy, speech therapy,
medical and social services, home health aid services, instructional guidance,
pharmaceutical services, medical appliances and equipment, case management,
respite care, personal care, adult day health, homemaker services, habilitation
services, and such other community-based and in-home services which may be
provided under a waiver granted pursuant to R.S. 40:2477. In order to carry
out the provisions of this Chapter, the secretary shall promulgate rules,
regulations, and minimum standards in accordance with the Administrative
Procedure Act.

*Added by Acts 1982, No. 715, §1.*

##### **§ 40:2474** Participation in program; needs assessment {#sec-40-2474 omnilex-key=us-la-statutes--rs-title-40--40:2474}

Participation in the long term home health program shall be based initially on a comprehensive assessment conducted in accordance with rules and regulations promulgated by the department.

*Added by Acts 1982, No. 715, §1.*

##### **§ 40:2475** Authorization to provide a long term home health care program; procedure {#sec-40-2475 omnilex-key=us-la-statutes--rs-title-40--40:2475}

A long term health care program shall be provided only by a primary provider of home health care. No agency, organization, hospital, or nursing home shall provide a long term home health care program without the written authorization of the secretary or his designee to provide such a program. However, contractual arrangements between primary providers of home health care and other health care providers shall not be prohibited provided that the primary provider of home health care maintains full responsibility for the plan of treatment and case management of care rendered.

*Added by Acts 1982, No. 715, §1.*

##### **§ 40:2476** Payment for long term home health care {#sec-40-2476 omnilex-key=us-la-statutes--rs-title-40--40:2476}

At the time of the initial needs assessment as provided in R.S. 40:2474, and during each subsequent assessment, the department shall establish a monthly budget for the services to be provided in the plan of care. Providers of home health care shall be paid in accordance with the usual procedures of the Medical Assistance Program. However, the monthly cost of providing home health care to each person participating in the program shall be less than one hundred percent of the total monthly Medicaid rate that normally would be paid to a nursing home for a comparable level of care for such person in a nursing home. If an assessment of the person's needs demonstrates that he requires care that would exceed such monthly maximum in any one month, the secretary or his designee may authorize payment of such services, provided the total annual expenditures for services rendered shall be less than the one hundred percent maximum.

*Added by Acts 1982, No. 715, §1. Acts 1987, No. 760, §1, eff. July 16, 1987.*

##### **§ 40:2477** Request for waiver to provide in-home and community services {#sec-40-2477 omnilex-key=us-la-statutes--rs-title-40--40:2477}

The secretary is authorized to submit waiver requests to the Health Care Financing
Administration of the United States Department of Health and Human Services or its
successor in accordance with the provisions of Section 2176 of Public Law 97-35, The
Omnibus Budget Reconciliation Act of 1981, to enable the department to provide a broad
array of home- and community-based services under the Medicaid program to carry out the
purposes of this Chapter. No payment shall be made pursuant to the provisions of this
Chapter for services which would exceed the scope or duration of a federally approved state
waiver request.

*Added by Acts 1982, No. 715, §1; Acts 2018, No. 206, §4.*

##### **§ 40:2481** Repealed by Acts 2022, No. 252, §3. {#sec-40-2481 omnilex-key=us-la-statutes--rs-title-40--40:2481}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2482** Repealed by Acts 2022, No. 252, §3. {#sec-40-2482 omnilex-key=us-la-statutes--rs-title-40--40:2482}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2483** Repealed by Acts 2022, No. 252, §3. {#sec-40-2483 omnilex-key=us-la-statutes--rs-title-40--40:2483}

*Repealed by Acts 2022, No. 252, §3.*

### **CHAPTER 22** SOUTHERN LOUISIANA WATER STUDY COMMISSION

##### **§ 40:2491** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2491 omnilex-key=us-la-statutes--rs-title-40--40:2491}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2492** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2492 omnilex-key=us-la-statutes--rs-title-40--40:2492}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2493** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2493 omnilex-key=us-la-statutes--rs-title-40--40:2493}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2494** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2494 omnilex-key=us-la-statutes--rs-title-40--40:2494}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2501** Repealed by Acts 2022, No. 252, §3. {#sec-40-2501 omnilex-key=us-la-statutes--rs-title-40--40:2501}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2502** Repealed by Acts 2022, No. 252, §3. {#sec-40-2502 omnilex-key=us-la-statutes--rs-title-40--40:2502}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2503** Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001. {#sec-40-2503 omnilex-key=us-la-statutes--rs-title-40--40:2503}

*Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.*

##### **§ 40:2504** Repealed by Acts 2022, No. 252, §3. {#sec-40-2504 omnilex-key=us-la-statutes--rs-title-40--40:2504}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2505** Repealed by Acts 2022, No. 252, §3. {#sec-40-2505 omnilex-key=us-la-statutes--rs-title-40--40:2505}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2511** Repealed by Acts 2022, No. 252, §3. {#sec-40-2511 omnilex-key=us-la-statutes--rs-title-40--40:2511}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2512** Repealed by Acts 2022, No. 252, §3. {#sec-40-2512 omnilex-key=us-la-statutes--rs-title-40--40:2512}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2513** Repealed by Acts 2022, No. 252, §3. {#sec-40-2513 omnilex-key=us-la-statutes--rs-title-40--40:2513}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2514** Repealed by Acts 2022, No. 252, §3. {#sec-40-2514 omnilex-key=us-la-statutes--rs-title-40--40:2514}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2515** Repealed by Acts 2022, No. 252, §3. {#sec-40-2515 omnilex-key=us-la-statutes--rs-title-40--40:2515}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2516** Repealed by Acts 2022, No. 252, §3. {#sec-40-2516 omnilex-key=us-la-statutes--rs-title-40--40:2516}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2517** Repealed by Acts 2022, No. 252, §3. {#sec-40-2517 omnilex-key=us-la-statutes--rs-title-40--40:2517}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2518** Repealed by Acts 2022, No. 252, §3. {#sec-40-2518 omnilex-key=us-la-statutes--rs-title-40--40:2518}

*Repealed by Acts 2022, No. 252, §3.*

##### **§ 40:2519** Repealed by Acts 2022, No. 252, §3. {#sec-40-2519 omnilex-key=us-la-statutes--rs-title-40--40:2519}

*Repealed by Acts 2022, No. 252, §3.*

### **CHAPTER 24-A** DUTY OF LAW ENFORCEMENT AGENCIES RECEIVING REPORTS OF MISSING CHILDREN

##### **§ 40:2521** Law enforcement agency receiving report of missing or recovered child; duty {#sec-40-2521 omnilex-key=us-la-statutes--rs-title-40--40:2521}

A.(1) Any law enforcement agency receiving an initial report of a missing child or
the recovery of a missing child and having reasonable grounds to believe the report is
accurate shall do all of the following immediately after receiving the report:

(a) Enter the name of the child into the National Crime Information Center's
database.

(b) Notify each of the following of the facts and contents of the report:

(i) The Department of Children and Family Services to the extent that the reporting
is required pursuant to Chapter 5 of Title VI of the Children's Code.

(ii) The office of state police, if it did not originally receive the report.

(iii) The office of the sheriff for the parish in which the report was received, if it did
not originally receive the report.

(iv) Any other local, state, or federal law enforcement agency that the law
enforcement agency receiving the report deems necessary and appropriate depending upon
the facts of each case.

(2) The law enforcement agency may also notify any other appropriate local, state,
or federal agency of the fact and contents of the report.

B. The provisions of this Section shall apply for each reported missing child without
regard to whether the child is believed to be missing due to stranger abduction, parental
abduction, or any other cause.

*Acts 1986, No. 160, §1; Acts 2012, No. 446, §3; Acts 2020, No. 96, §2.*

### **CHAPTER 24-B** PRE-AMBER ALERT ACTION PLAN

##### **§ 40:2526** Pre-Amber Alert action plan; requirements; rules and regulations {#sec-40-2526 omnilex-key=us-la-statutes--rs-title-40--40:2526}

A. The secretary of the Department of Public Safety and Corrections, jointly with the secretary of the Department of Children and Family Services, shall institute a pre-Amber Alert action plan. The plan shall, at a minimum, consist of one or more programs to:

(1) Advise and educate parents on ways to prevent their children from being abducted.

(2) Advise and educate children on ways to prevent them from being abducted.

(3) Encourage parents to have readily available vital information about their children, such as a recent photograph and the child's height and weight, for law enforcement to use in case the child is abducted.

(4) Coordinate with and encourage the private sector to participate in secondary distribution programs that will enable the distribution of vital information on a child that has been abducted, including the creation and distribution of flyers and emailing and text messaging Amber Alerts.

B. The secretary of the Department of Public Safety and Corrections and the Department of Children and Family Services may promulgate rules and regulations, in accordance with the Administrative Procedure Act, to carry out the provisions of this Section.

C. The provisions of this Section shall be implemented provided funding is available.

*Acts 2005, No. 503, §3.*

### **CHAPTER 24-C** PREDATOR ALERT SYSTEM

##### **§ 40:2528** Predator Alert System; requirements; rules and regulations {#sec-40-2528 omnilex-key=us-la-statutes--rs-title-40--40:2528}

A. The secretary of the Department of Public Safety and Corrections shall institute a Predator Alert System. The system shall, at a minimum, provide the following services:

(1) Send out the alert, through the state police, to local law enforcement officials when a sexual predator has been released from imprisonment.

(2) Coordinate with and encourage the private sector to participate in secondary distribution programs that will enable the distribution of vital information on a predator that has been released from imprisonment, including the creation and distribution of flyers and e-mailing and text messaging the Predator Alerts.

B. The secretary of the Department of Public Safety and Corrections shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Section.

*Acts 2006, No. 663, §3.*

### **CHAPTER 24-D** SILVER ALERT NETWORK

##### **§ 40:2529** Repealed by Acts 2010, No. 743, §14, eff. July 1, 2010. {#sec-40-2529 omnilex-key=us-la-statutes--rs-title-40--40:2529}

*Repealed by Acts 2010, No. 743, §14, eff. July 1, 2010.*

### **CHAPTER 24-E** SILVER ALERT ACT

##### **§ 40:2530.1** Purpose {#sec-40-2530.1 omnilex-key=us-la-statutes--rs-title-40--40:2530.1}

The Louisiana Legislature finds that, in the case of a missing senior citizen or missing person with developmental disabilities, the first few hours in locating the individual are critical. To aid in the identification and location of missing senior citizens and missing persons with developmental disabilities, there is hereby created the missing senior citizen and missing person with developmental disabilities alert program, referred to in this Chapter as the "program", to be implemented by the secretary of the Department of Public Safety and Corrections.

*Acts 2008, No. 453, §1.*

##### **§ 40:2530.2** Short title {#sec-40-2530.2 omnilex-key=us-la-statutes--rs-title-40--40:2530.2}

This Chapter shall be known or may be cited as the "Silver Alert Act".

*Acts 2008, No. 453, §1.*

##### **§ 40:2530.3** Definitions {#sec-40-2530.3 omnilex-key=us-la-statutes--rs-title-40--40:2530.3}

For the purposes of this Chapter, the following words and phrases shall have the following meanings:

(1) "Missing person with developmental disabilities" means a person whose whereabouts are unknown; whose domicile at the time he is reported missing is in this state; and whose disappearance poses a credible threat to the safety and health of himself, as determined by a local law enforcement agency.

(2) "Missing senior citizen" means a person whose whereabouts are unknown; whose domicile at the time he is reported missing is in this state; whose age at the time he is first reported missing is sixty years of age or older; and whose disappearance poses a credible threat to the safety and health of himself, as determined by a local law enforcement agency.

*Acts 2008, No. 453, §1.*

##### **§ 40:2530.4** Administration {#sec-40-2530.4 omnilex-key=us-la-statutes--rs-title-40--40:2530.4}

A. The secretary of the Department of Public Safety and Corrections shall develop
and implement a system to notify citizens when a senior citizen or person with a
developmental disability is determined to be missing and that an alert is to be issued to the
community to assist law enforcement officials in locating the missing senior citizen or person
with a developmental disability.

B. A notification system developed pursuant to the provisions of this Chapter shall
include, but not be limited to, the following items:

(1) Procedures to determine that the senior citizen or person with a developmental
disability is truly missing.

(2) Procedures for notifying the general public of the fact that a senior citizen or
person with a developmental disability is missing and the type of notification to be utilized
to inform the general public.

(3) Whether the circumstances of the person deemed missing are aggravated due to
the age of the person or a life-threatening medical condition or situation which requires the
person to take life-sustaining medication.

(4) Coordinate with and encourage the private sector to participate in secondary
distribution, including the creation and distribution of flyers, electronic mail, and text
messaging of the missing senior citizen or person with a developmental disability.

C. The alert shall be cancelled upon notification that the missing person has been
found or at the end of the notification period, whichever occurs first. A local law
enforcement agency that locates a missing person who is the subject of an alert shall notify
the Department of Public Safety and Corrections or its designee, as soon as possible that the
missing person has been located.

D. The secretary of the Department of Public Safety and Corrections shall
promulgate rules and regulations, in accordance with the Administrative Procedure Act, to
implement the provisions of this Chapter.

*Acts 2008, No. 453, §1; Acts 2018, No. 206, §4.*

##### **§ 40:2530.5** Immunity from liability {#sec-40-2530.5 omnilex-key=us-la-statutes--rs-title-40--40:2530.5}

Any state police officer, members of other law enforcement entities, radio or television broadcasters, cable television operators, who transmit or display, or who fail to transmit or display such information concerning a senior citizen or person with developmental disabilities, and other entities who may become an active component of this effort, shall not be liable for any civil damages or criminal penalties as a result of any acts or omissions relative to the "Silver Alert" program.

*Acts 2008, No. 453, §1.*

### **CHAPTER 25** RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER INVESTIGATION

##### **§ 40:2531** Applicability; minimum standards during investigation; penalties for failure to comply {#sec-40-2531 omnilex-key=us-la-statutes--rs-title-40--40:2531}

A. The provisions of this Chapter shall apply only to police employees as defined by
R.S. 40:1372(5), Louisiana P.O.S.T. certified probation and parole officers employed by the
Louisiana Department of Public Safety and Corrections, division of probation and parole, and
to those law enforcement officers employed by any municipality and campus police
employed at any state-supported college or university who are under investigation with a
view to possible disciplinary action, demotion, or dismissal.

B. Whenever a police employee or law enforcement officer is under investigation,
the following minimum standards shall apply:

(1) The police employee or law enforcement officer being investigated shall be
informed, at the commencement of interrogation, of the nature of the investigation and the
identity and authority of the person conducting such investigation, and at the commencement
of any interrogation, such officer shall be informed as to the identity of all persons present
during such interrogation. The police employee or law enforcement officer shall be allowed
to make notes.

(2) Any interrogation of a police employee or law enforcement officer in connection
with an investigation shall be for a reasonable period of time and shall allow for reasonable
periods for the rest and personal necessities of such police employee or law enforcement
officer.

(3) All interrogations of any police employee or law enforcement officer in
connection with the investigation shall be recorded in full. The police employee or law
enforcement officer shall not be prohibited from obtaining a copy of the recording or
transcript of the recording of his statements upon his written request.

(4)(a) The police employee or law enforcement officer being questioned, whether as
a target or as a witness in an administrative investigation, shall have the right to be
represented by counsel, other representative, or both, of the police employee or law
enforcement officer's choice.

(b)(i) Except as otherwise provided in this Subparagraph, the police employee or law
enforcement officer shall be granted up to fourteen days to secure such representation, during
which time all questioning shall be suspended.

(ii) If a police employee or law enforcement officer is involved in an officer-involved
incident, the police employee or law enforcement officer shall be granted up to fourteen days
to secure representation, during which time all questioning shall be suspended. However, if
the police employee or law enforcement officer is confined to a medical facility due to injury
or illness related to the officer-involved incident, or otherwise incapacitated, the police
employee or law enforcement officer shall be granted up to thirty days to secure
representation.

(iii) For purposes of this Subparagraph, "officer-involved incident" means any
incident in which serious bodily injury or death of another individual is caused by any
intentional or accidental use of a dangerous or deadly weapon by a police employee or law
enforcement officer which results from the efforts of a police employee or law enforcement
officer attempting to effectively arrest or otherwise gain control of another or while in police
custody.

(iv) For purposes of this Subparagraph, "serious bodily injury" means bodily injury
which involves unconsciousness, extreme physical pain, protracted or obvious disfigurement,
protracted loss or impairment of a bodily member, organ, or mental faculty, or a substantial
risk of death.

(c) The police employee or law enforcement officer's representative or counsel shall
be allowed to offer advice to the employee or officer and make statements on the record
regarding any question asked of the employee or officer at any interrogation, interview, or
hearing in the course of the investigation.

(5) No statement made by the police employee or law enforcement officer during the
course of an administrative investigation shall be admissible in a criminal proceeding.

(6) Repealed by Acts 2008, No. 654, §2.

(7) When a formal, written complaint is made against any police employee or law
enforcement officer, the superintendent of state police or the chief of police or his authorized
representative shall initiate an investigation within fourteen days of the date the complaint
is made. Except as otherwise provided in this Paragraph, each investigation of a police
employee or law enforcement officer which is conducted under the provisions of this Chapter
shall be completed within seventy-five days, inclusive of Saturdays, Sundays, and legal
holidays. However, in each municipality which is subject to a Municipal Fire and Police
Civil Service law, the municipal police department may petition the Municipal Fire and
Police Civil Service Board for an extension of the time within which to complete the
investigation. The board shall set the matter for hearing and shall provide notice of the
hearing to the police employee or law enforcement officer who is under investigation. The
police employee or law enforcement officer who is under investigation shall have the right
to attend the hearing and to present evidence and arguments against the extension. If the
board finds that the municipal police department has shown good cause for the granting of
an extension of time within which to complete the investigation, the board shall grant an
extension of up to sixty days. Nothing contained in this Paragraph shall be construed to
prohibit the police employee or law enforcement officer under investigation and the
appointing authority from entering into a written agreement extending the investigation for
up to an additional sixty days. The investigation shall be considered complete upon notice
to the police employee or law enforcement officer under investigation of a pre-disciplinary
hearing or a determination of an unfounded or unsustained complaint. The notice may be
given in writing or electronically. The notice is considered received by the police employee
or law enforcement officer under investigation on the date sent, provided it is sent to the
department email address in the personnel file of the police employee or law enforcement
officer. The notice shall be considered received by the police employee or law enforcement
officer under investigation on the date received, provided it is sent to the home address in the
personnel file of the police employee or the law enforcement officer. Nothing in this
Paragraph shall limit any investigation of alleged criminal activity.

(8) In the case of a police employee who is a member of the State Police Service as
set forth in Article X, Section 41 of the Louisiana Constitution of 1974, the appointing
authority may petition the State Police Commission, or its executive director, for an
extension of the time within which to complete the investigation. The State Police
Commission, or its executive director, shall set the matter for hearing and shall provide
notice of the hearing to the police employee who is under investigation. The police
employee who is under investigation shall have the right to attend the hearing and to present
evidence and arguments against the extension. If the State Police Commission, or its
executive director, finds that the appointing authority has shown good cause for the granting
of an extension of time within which to complete the investigation, the State Police
Commission, or its executive director, shall grant an extension of up to sixty days. Nothing
contained in this Paragraph shall be construed to prohibit the police employee under
investigation and the appointing authority from entering into a written agreement extending
the investigation for up to an additional sixty days. The investigation shall be considered
complete upon determination of the appointing authority to institute disciplinary action
against the police employee or a determination of an unfounded or unsustained complaint.
Nothing in this Paragraph shall limit any investigation of alleged criminal activity.

C. There shall be no discipline, demotion, dismissal, or adverse action of any sort
taken against a police employee or law enforcement officer unless the investigation is
conducted in accordance with the minimum standards provided for in this Section. Any
discipline, demotion, dismissal, or adverse action of any sort whatsoever taken against a
police employee or law enforcement officer without complete compliance with the foregoing
minimum standards is an absolute nullity.

*Acts 1985, No. 425, §1; Acts 1991, No. 450, §1, eff. July 15, 1991; Acts 2001, No. 933, §1; Acts 2007, No. 91, §1; Acts 2007, No. 258, §2; Acts 2008, No. 249, §1; Acts 2008, No. 654, §§1, 2; Acts 2010, No. 924, §3, eff. July 2, 2010; Acts 2014, No. 859, §1, eff. July 1, 2014; Acts 2017, No. 101, §1; Acts 2021, No. 451, §1.*

##### **§ 40:2532** Release of personal information {#sec-40-2532 omnilex-key=us-la-statutes--rs-title-40--40:2532}

No person, agency, or department shall release to the news media, press or any other public information agency, a law enforcement officer's home address, photograph, or any information that may be deemed otherwise confidential, without the express written consent of the law enforcement officer, with respect to an investigation of the law enforcement officer.

*Acts 1985, No. 425, §1.*

##### **§ 40:2533** Personnel files {#sec-40-2533 omnilex-key=us-la-statutes--rs-title-40--40:2533}

A. No law enforcement officer shall have any comment adverse to his interest
entered in his personnel file, or any other file used for any personnel purposes by his
employer, without the law enforcement officer's having first read and signed the instrument
containing the adverse comment indicating he is aware of such comment, except that such
entry may be made if, after reading such instrument, the law enforcement officer refuses to
sign it. Should a law enforcement officer refuse to sign, that fact shall be noted on that
document and signed or initialed by such officer.

B. A law enforcement officer shall have thirty days within which to file a written
response to any adverse comment entered in his personnel file. Such written response shall
be attached to and shall accompany the adverse comment.

C.(1) A law enforcement officer, upon written request, shall have any record of a
formal complaint made against the officer for any violation of a municipal or parish
ordinance or state criminal statute listed in Paragraph (2) of this Subsection involving
domestic violence expunged from his personnel file, if the complaint was made anonymously
to the police department and the charges are not substantiated within twelve months of the
lodging of the complaint.

(2)(a) Any violation of a municipal or parish ordinance or state statute defining
criminal battery and assault.

(b) Any violation of other municipal or parish ordinances or state statutes including
criminal trespass, criminal damage to property, or disturbing the peace if the incident
occurred at either the home of the victim or the officer or the violation was the result of an
obvious domestic dispute.

D. Sustained complaints against the law enforcement officer shall remain in the
officer's personnel file for a period of at least ten years, but only after the officer has
exhausted all administrative appeals to which he is entitled.

*Acts 1985, No. 425, §1; Acts 1995, No. 232, §1; Acts 1995, No. 915, §1; Acts 1995, No. 1251, §2; Acts 2005, No. 452, §1; Acts 2021, No. 451, §1.*

##### **§ 40:2534** Disclosure of finances {#sec-40-2534 omnilex-key=us-la-statutes--rs-title-40--40:2534}

No law enforcement officer shall be required to disclose, for the purpose of promotion or assignment, any item of his property, income, assets, debts or expenditures or those of any member of such officer's household.

*Acts 1985, No. 425, §1.*

##### **§ 40:2535** Retaliation for exercising rights {#sec-40-2535 omnilex-key=us-la-statutes--rs-title-40--40:2535}

There shall be no penalty nor threat of any penalty for the exercise by a law enforcement officer of his rights under this Chapter.

*Acts 1985, No. 425, §1.*

##### **§ 40:2536** Officer-involved shooting {#sec-40-2536 omnilex-key=us-la-statutes--rs-title-40--40:2536}

A. In the event of an officer-involved shooting which results in death or great bodily
harm, the investigators of these incidents shall be accountable only to those agencies which
have been certified by the council following the effective date of January 1, 2022.

B. In addition to agency certification, there shall be within those agencies at least
three certified officer-involved investigators who have completed all necessary coursework
and subsequent in-service training and law enforcement experience which will establish
eligibility for these investigators before training and certification.

C. The agencies shall also provide for the personnel to be certified through P.O.S.T.
for the processing of all evidence associated with officer-involved shootings.

*Acts 2021, No. 418, §2.*

##### **§ 40:2537** Whistleblower protection and cause of action {#sec-40-2537 omnilex-key=us-la-statutes--rs-title-40--40:2537}

A. No police employee shall be discharged, demoted, suspended, threatened,
harassed, or discriminated against in any manner in the terms and conditions of his
employment because of any lawful act engaged in by the employee or on behalf of the
employee in furtherance of any action taken to report malfeasance in office by police
employees to law enforcement, whether such fellow employee is a co-worker, supervisor, or
subordinate.

B.(1) A police employee may bring an action for relief against his employer, in a
court of competent jurisdiction, for damages associated with any action taken by the
employee which is in furtherance of reporting malfeasance in office.

(2) A person aggrieved of a violation of Subsection A of this Section shall be entitled
to treble damages plus court costs and reasonable attorney fees.

C. A plaintiff shall not be entitled to recovery pursuant to this Section if the court
finds that the plaintiff instituted or proceeded with an action that was frivolous, vexatious,
or harassing.

*Acts 2022, No. 634, §1.*

### **CHAPTER 25-A** RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS WHILE INTERACTING WITH THE PUBLIC

##### **§ 40:2551** Use of body-worn cameras {#sec-40-2551 omnilex-key=us-la-statutes--rs-title-40--40:2551}

No later than January 1, 2022, any law enforcement agency that utilizes body-worn
cameras shall adopt a policy regarding the activation and deactivation of such cameras by the
officer.

*Acts 2021, No. 430, §1.*

##### **§ 40:2552** Use of motor vehicle dash cameras {#sec-40-2552 omnilex-key=us-la-statutes--rs-title-40--40:2552}

No later than January 1, 2022, any law enforcement motor vehicle that is equipped
with a dash camera that has the technology to automatically record upon the activation of the
motor vehicle's police emergency lights shall utilize that technology.

*Acts 2021, No. 430, §1.*

##### **§ 40:2553** Neck restraint prohibition {#sec-40-2553 omnilex-key=us-la-statutes--rs-title-40--40:2553}

The use of choke holds and carotid holds are prohibited, except when the officer
reasonably believes he or another person is at risk of great bodily harm or when deadly force
is authorized.

*Acts 2021, No. 430, §1.*

##### **§ 40:2554** Mandatory reporting when force is used {#sec-40-2554 omnilex-key=us-la-statutes--rs-title-40--40:2554}

No later than January 1, 2026, the Council on Peace Officer Standards and Training
shall adopt a policy regarding mandatory reporting when a peace officer uses physical force
that results in serious bodily injury as defined in R.S. 14:2(C), on a member of the public,
whether or not the interaction results in an arrest. The policy shall include but not be limited
to when the use of force report shall be required and who shall be required to complete the
report. This policy shall apply to all law enforcement agencies in the state. Nothing in this
policy shall prevent an agency from adopting a more strenuous policy.

*Acts 2025, No. 426, §1.*

### **CHAPTER 26** SEIZURE AND CONTROLLED DANGEROUS SUBSTANCES PROPERTY FORFEITURE ACT OF 1989

##### **§ 40:2601** Definitions {#sec-40-2601 omnilex-key=us-la-statutes--rs-title-40--40:2601}

As used in this Chapter, the following words and phrases shall have the following meanings:

(1) "Interest holder" means a secured party within the meaning of R.S. 10:9-102(a)(72) or the beneficiary of a perfected encumbrance pertaining to an interest in property.

(2) "Owner" means a person, other than an interest holder, who has an interest in property and, if required by law, is in compliance with any statute requiring recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.

(3) "Proceeds" means property derived directly or indirectly from, maintained by, or realized through, an act or omission and includes any benefit, interest or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.

(4) "Property" means anything of value, including movables and immovables, including the whole of any lot or tract of land and corporeal and incorporeal movable property, including currency, instruments, or securities, or any other kind of privilege, claim, or right and includes any interest therein.

(5) "Seizure for forfeiture" means seizure of property by a law enforcement officer designated by the district attorney accompanied by a written assertion by the seizing agency or by a district attorney that the property is seized for forfeiture.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1; Acts 2001, No. 128, §15, eff. July 1, 2001.*

##### **§ 40:2602** Jurisdiction and venue {#sec-40-2602 omnilex-key=us-la-statutes--rs-title-40--40:2602}

A. Except as provided in Subsection C, the appropriate district court has jurisdiction under the provisions of this Chapter if the property for which forfeiture is sought is within this state at the time the action is filed or the courts of this state have personal jurisdiction of an owner of or interest holder in the property.

B. Except as provided in Subsection C, in addition to any venue otherwise provided under the provisions of this Chapter or any other provision of law, a proceeding for forfeiture under the provisions of this Chapter may be brought in the judicial district in which any part of the property is found or in the judicial district in which an owner or interest holder could be petitioned against civilly or criminally for the conduct alleged to give rise to the forfeiture.

C. Notwithstanding any other provision of this Chapter to the contrary, the criminal district court for the parish of Orleans shall have exclusive jurisdiction of all actions filed in the parish of Orleans seeking seizure or forfeiture of property or alleging conduct giving rise to forfeiture pursuant to the provisions of this Chapter.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1990, No. 164, §1, eff. July 1, 1990.*

##### **§ 40:2603** Conduct giving rise to forfeiture {#sec-40-2603 omnilex-key=us-la-statutes--rs-title-40--40:2603}

Any of the following conduct gives rise to forfeiture:

(1) An act or omission punishable by confinement for more than one year under R.S. 40:961 et seq. whether or not there is a prosecution or conviction related to the act or omission.

(2) An act or omission occurring outside this state, which would be subject to prosecution in the place of occurrence and would be described in Paragraph (1) of this Section if the act or omission occurred in this state, whether or not it is prosecuted in any state.

(3) Any act or omission committed in furtherance of any violation of R.S. 40:961 et seq. which is punishable by confinement with or without hard labor, including any inchoate or preparatory offense, regardless of whether there is a prosecution or conviction related to the act or omission.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2604** Property subject to forfeiture {#sec-40-2604 omnilex-key=us-la-statutes--rs-title-40--40:2604}

The following property is subject to seizure and forfeiture as contraband, derivative contraband, or property related to contraband under the provision of Section 4 of Article I of the Constitution of Louisiana:

(1) All controlled substances, raw materials, or controlled substance analogues that have been manufactured, distributed, dispensed, possessed, or acquired in violation of R.S. 40:961 et seq.

(2) All property that is either:

(a) Furnished or intended to be furnished by any person in exchange for a controlled substance in violation of R.S. 40:961 et seq.

(b) Used or intended to be used in any manner to facilitate conduct giving rise to forfeiture, provided that a conveyance subject to forfeiture solely in connection with conduct in violation of R.S. 40:961 et seq. may be forfeited only pursuant to the provisions of this Chapter.

(3) Proceeds of any conduct giving rise to forfeiture.

(4) All weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture.

(5) Any interest or security in, claim against, or property or contractual right of any kind affording a source of control over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of through conduct giving rise to forfeiture.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2605** Exemptions {#sec-40-2605 omnilex-key=us-la-statutes--rs-title-40--40:2605}

A property interest is exempt from forfeiture under this Chapter if its owner or holder establishes all of the following:

(1) That he is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur.

(2) That he had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in bona fide commercial transaction.

(3) That with respect to conveyances for transportation only, he did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture.

(4) That he does not hold the property for the benefit of or as an agent for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired his interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value not knowingly taking part in an illegal transaction.

(5) That no person whose conduct gave rise to its forfeiture had the authority to convey the interest to a bona fide purchaser for value at the time of the conduct.

(6) That the owner or interest holder acquired the interest after the completion of the conduct giving rise to its forfeiture and that the owner or interest holder acquired the interest under all of the following conditions:

(a) As a bona fide purchaser for value who was not knowingly taking part in an illegal transaction.

(b) Before the filing of a forfeiture lien on it and before the effective date of a Notice of Pending Forfeiture relating to it, and without notice of its seizure for forfeiture under this Chapter.

(c) At the time the interest was acquired, there was no reasonable cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this Chapter.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2606** Seizure of property {#sec-40-2606 omnilex-key=us-la-statutes--rs-title-40--40:2606}

A. Property that is not evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter. Within seventy-two hours, exclusive of holidays or weekends, after actual or constructive seizure, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state action and regardless of whether the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The sufficiency of the warrant of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture, on such terms and conditions as are reasonable in the discretion of the court. Upon a finding of no probable cause, the property shall be released to the established owner.

B. A seizure for forfeiture without process is reasonable if made under circumstances in which a warrantless seizure or arrest would be reasonable in accordance with law.

C. Property that is alleged to be evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter. Within seventy-two hours, exclusive of holidays or weekends, after service of notice of pending forfeiture, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state action and regardless of whether the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The sufficiency of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture, on such terms and conditions as are reasonable in the discretion of the court.

D. Any seizing agency designated by the district attorney to make seizures for forfeiture shall notify the district attorney within ten days after such seizure.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1.*

##### **§ 40:2607** Property management and preservation {#sec-40-2607 omnilex-key=us-la-statutes--rs-title-40--40:2607}

A. Property taken or detained under this Chapter is not subject to alienation, sequestration, or attachment. The seizing agency or the district attorney may authorize the release of the seizure for forfeiture on the property if forfeiture or retention is unnecessary, and the district attorney may transfer the action to another district attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or district attorney. The property is deemed to be in the custody of the district attorney subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. The property is subject to the interests of secured parties or lienholders whose interests are exempt from forfeiture.

B. If property is seized under this Chapter, the district attorney or his designee may do any of the following:

(1) Remove the property to an appropriate place designated by the district attorney or his designee.

(2) Place the property under constructive seizure by posting Notice of Pending Forfeiture on it, by giving Notice of Pending Forfeiture to its owners and interest holders, or by filing Notice of Pending Forfeiture in any appropriate public record relating to the property.

(3) Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account.

(4) Provide for another agency or custodian, including an owner, secured party, or lienholder, to take custody of the property and remove it to an appropriate location within the jurisdiction of the court.

(5) Require the Department of Public Safety and Corrections or other law enforcement agency to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(6) Release the property to the claimant without a court order if the district attorney determines forfeiture or retention is unnecessary.

C. As soon as practicable after seizure for forfeiture, the seizing agency shall conduct a written inventory and estimate of the value of the property seized.

D. If the hearing has not been held within sixty days of the filing of a lawsuit seeking forfeiture or one hundred eighty days of the seizure of any vessel, vehicle, aircraft, merchandise, or other property seized under the laws of this state and liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, the district attorney may petition the court, with notice to interest holders and claimants, to initiate a sale pending forfeiture to ensure that the value of the property is preserved throughout the court proceedings.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1992, No. 721, §1; Acts 2007, No. 71, §1.*

##### **§ 40:2608** Commencement of forfeiture proceedings; notice of pending forfeiture; property release requirements {#sec-40-2608 omnilex-key=us-la-statutes--rs-title-40--40:2608}

Forfeiture proceedings shall be commenced as follows:

(1)(a) When the district attorney intends to forfeit property, pursuant to the
provisions of this Chapter, he shall provide the owner and interest holder with a written
assertion within forty-five days after actual or constructive seizure, except in cases in which
the property is held for evidentiary purpose, the district attorney shall institute forfeiture
proceedings within forty-five days after the final disposition of all criminal proceedings
associated with the conduct giving rise to forfeiture.

(b) If the district attorney fails to initiate forfeiture proceedings against property
seized for forfeiture by serving Notice of Pending Forfeiture within one hundred twenty days
after its seizure for forfeiture or if the state fails to pursue forfeiture of the property upon
which a timely claim has been properly served by filing a Petition for Forfeiture proceeding
within ninety days after Notice of Pending Forfeiture, or if the district attorney fails to
provide a written assertion, pursuant to the provisions of this Paragraph, the property shall
be released from its seizure for forfeiture on the request of an owner or interest holder,
pending further proceedings pursuant to the provisions of this Chapter.

(c) When no written assertion has been given to the claimant, within the time delays
provided herein, the claimant may file a Motion for Release of Seized Property pursuant to
the criminal jurisdiction of the court.

(2) If, after Notice of Pending Forfeiture, a claimant files a request for stipulation of
exemption pursuant to R.S. 40:2609 or is granted an extension to file a claim pursuant to
R.S. 40:2610, the district attorney may delay filing the judicial forfeiture proceeding for a
total of one hundred eighty days after the service of Notice of Pending Forfeiture.

(3) Whenever Notice of Pending Forfeiture or service of an in rem petition is
required under the provisions of this Chapter, notice or service shall be given in accordance
with one of the following:

(a) If the owner's or interest holder's name and current address are known, by either
personal service or by mailing a copy of the notice by certified mail to that address.

(b) If the owner's or interest holder's name and address are required by law to be
recorded with the parish clerk of court, the motor vehicle division of the Department of
Public Safety and Corrections, or another state or federal agency to perfect an interest in the
property, and the owner's or interest holder's current address is not known, by mailing a copy
of the notice by certified mail, return receipt requested, to any address of record with any of
the described agencies.

(c) If the owner's or interest holder's address is not known and is not on record as
provided in Subparagraph (b) of this Paragraph, or the owner or interest holder's interest is
not known by publication in one issue of the official journal in the parish in which the
seizure occurs.

(4) Notice is effective upon personal service, publication, or the receipt of a written
notice by certified mail, whichever is earlier, and shall include a description of the property,
the date and place of seizure, the conduct giving rise to forfeiture or the violation of law
alleged, and a summary of procedures and procedural rights applicable to the forfeiture
action.

(5)(a) The district attorney may file, without a filing fee, a lien for the forfeiture of
property upon the initiation of any civil or criminal proceeding under this Chapter or upon
seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the
seized property or in property owned by the named person.

(b) The lien notice shall set forth the following:

(i) The name or alias of the person and, in the discretion of the lienor, the name of
any alias, any corporation, partnership, trust, or other entity, including agents, that are owned
entirely or in part, or controlled by the person.

(ii) The description of the seized property or the criminal or civil proceeding that has
been brought under this Chapter, the amount claimed by the lienor, the name of the district
court where the proceeding or action has been brought, and the case number of the
proceeding or action if known at the time of filing.

(c) A lien filed pursuant to the provisions of this Paragraph applies to the described
seized property or to one named person, any aliases, fictitious names, or other names,
including the names of any corporation, partnership, trust, or other entity, owned entirely or
in part, or controlled by the named person, and any interest in real property owned or
controlled by the named person. A separate forfeiture lien shall be filed for each named
person.

(d) The lien creates, upon filing, a lien in favor of the lienor as it relates to the seized
property or the named person or related entities. The lien secures the amount of potential
liability for civil judgment, and, if applicable, the fair market value of seized property
relating to all proceedings under this Chapter enforcing the lien. The notice of forfeiture lien
referred to in this Paragraph shall be filed in accordance with the provisions of the laws of
this state in accordance with the type of property that is subject to the lien. The validity and
priority of the forfeiture lien shall be determined in accordance with applicable law
pertaining to liens. The lienor may amend or release, in whole or in part, a lien filed under
this Paragraph at any time by filing, without a filing fee, an amended lien in accordance with
the provisions of this Paragraph, which identifies the lien amended. The lienor, as soon as
practical after filing a lien, shall furnish to any person named in the lien a notice of the filing
of the lien. Failure to furnish notice under the provisions of this Paragraph shall not
invalidate or otherwise affect the lien.

(e) Upon entry of judgment in its favor, the state may proceed to execute on the lien
as provided by law.

(f) A trustee, constructive or otherwise, who has notice that a forfeiture lien, or a
Notice of Pending Forfeiture, or a civil forfeiture proceeding has been filed against the
property or against any person or entity for whom the person holds title or appears as record
owner, shall furnish within ten days, to the appropriate district attorney's office all of the
following information:

(i) The names and addresses of the person or entity for whom the property is held.

(ii) The names and addresses of all other beneficiaries for whose benefit legal title
to the seized property, or property of the named person or related entity, is held.

(iii) A copy of the applicable trust agreement or other instrument, if any, under which
the trustee or other person holds legal title or appears as record owner of the property.

(g) A trustee, constructive or otherwise, who, with notice fails to comply with the
provisions of this Paragraph may be fined not more than five hundred dollars per day for
each day during which the failure to comply exists.

(h) A trustee, constructive or otherwise, who with notice fails to comply with the
provisions of this Paragraph shall be guilty of violating such provision and may, upon
conviction, be sentenced to imprisonment for not less than two nor more than five years, with
or without hard labor, and shall be fined not less than ten thousand dollars per day for each
day compliance was not made.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1992, No. 720, §1; Acts 1997, No. 1334, §1; Acts 2022, No. 698, §1.*

##### **§ 40:2608.1** Sale of property pending forfeiture; circumstances; procedure {#sec-40-2608.1 omnilex-key=us-la-statutes--rs-title-40--40:2608.1}

A. The district attorney may petition the court for a sale pending forfeiture of any vessel, vehicle, aircraft, merchandise, or other property which is subject to forfeiture under the provisions of R.S. 40:2604 and if the hearing has not been held within sixty days of filing a claim as authorized by R.S. 40:2612 or one hundred eighty days of the seizure under either of the following conditions:

(1) That it appears to the district attorney that any vessel, vehicle, aircraft, merchandise, or other property seized under the laws of this state is liable to perish or to greatly depreciate in value during the storage of that property.

(2) That the costs associated with storage of the property is disproportionate to the value of that property.

B. After notice to interest holders and claimants and a contradictory hearing, if the court rules favorably, the court may order an immediate sale of such vessel, vehicle, aircraft, merchandise, or other property and the proceeds thereof to be deposited in accordance with R.S. 40:2616(B) until a final judicial disposition is reached. Prior to such sale, the property seized shall be published in the official journal of the governing authority of the parish where the property is located and, if ordered by the seizing agency, in a newspaper which meets the requirements of R.S. 43:140(3) for qualification as an official journal and which has a larger or smaller circulation in the parish than the official journal. Pursuant to court order, the proceeds shall be held subject to claims of parties in interest to the same extent that the vessel, vehicle, aircraft, merchandise, or other property so sold would have been subject to such claim.

(1) For purposes of this Section, one hundred percent of the proceeds of the sale, minus any documented auction fees, will be remitted to the seizing agency or district attorney depending on which is designated to carry out the order of the court; the funds shall be deposited in accordance with R.S. 40:2616(B).

(2) For purposes of this Section, Internet computer auctions are considered public sales, and the seizing agency or district attorney is expressly authorized to sell the property described in this Paragraph through the use of electronic technology, including Internet web sites that facilitate such sales. The seizing agency or district attorney is further authorized to pay any costs associated with the sale from the proceeds of such sale. The seizing agency or district attorney is further empowered to sell the property through any form of electronic technology, including Internet web sites created expressly for that purpose, whether privately or publicly owned.

(3) For purposes of this Section, the use of reserves or minimum bids is required to ensure that a minimum of the greater of fifty percent of the fair market value or one hundred percent of the principal for any interest holder is obtained.

C. If the final judicial disposition is in favor of the claimant, neither the seizing agency nor the district attorney shall be liable for any differences in the amount received at auction and the retail sale price for any vessel, vehicle, aircraft, merchandise, or other property sold pursuant to this Section.

*Acts 2007, No. 71, §1.*

##### **§ 40:2609** Stipulation of exemptions {#sec-40-2609 omnilex-key=us-la-statutes--rs-title-40--40:2609}

A. The district attorney may make a stipulation of exemption available in the following manner:

(1) If the district attorney makes a stipulation of exemption available, the district attorney shall so indicate in the Notice of Pending Forfeiture as provided in Section 2608 of this Chapter.

(2) An owner of or an interest holder in the property may elect to file a claim within thirty days after the Notice of Pending Forfeiture or a request for a stipulation of exemption with the district attorney within thirty days after the notice, but no request may be filed after a court action has been commenced by the state. The claim or request shall comply with the requirements for claims in Section 2610 of this Chapter.

B. The following shall apply if an owner or interest holder timely requests a stipulation of exemption:

(1) The district attorney shall provide the seizing agency and the requesting party with a written proposed stipulation of exemption and statement of nonexempt interests relating to any or all interest in the property in response to each requesting party within one hundred and twenty days after the effective date of the Notice of Pending Forfeiture.

(2) An owner of or interest holder in any property declared nonexempt may file a claim as described in Section 2610 of this Chapter within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter of the statement of nonexempt interests.

(3) The district attorney may elect to proceed as provided herein for judicial forfeiture at any time.

(4) If no requesting party files a claim within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter, of the statement of nonexempt interest, the stipulation of exemption and statement becomes final, and the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.

(5) If a judicial forfeiture proceeding follows a Notice of Pending Forfeiture which provides for the availability of stipulation of exemption:

(a) No duplicate or repetitive notice or claim is required. If a claim has been timely filed pursuant to Paragraph (2) of this Subsection, the claim shall be determined in a judicial forfeiture proceeding after the commencement of such a proceeding under the provisions of Sections 2612 and 2613 of this Chapter.

(b) The proposed stipulation of exemption and statement of nonexempt interest responsive to all requesting parties who subsequently filed claims are void and will be regarded as rejected offers to compromise.

C. If no request for stipulation or claim is timely filed, the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2610** Claims {#sec-40-2610 omnilex-key=us-la-statutes--rs-title-40--40:2610}

A. Only an owner of or interest holder in property seized for forfeiture may file a
claim and shall do so in the manner provided in this Section. The claim shall be mailed to
the seizing agency and to the district attorney by certified mail, return receipt requested,
within thirty days after Notice of Pending Forfeiture. The court may grant an extension of
time for the filing of a claim pursuant to this Section for good cause shown. Incarceration of
an owner or interest holder during the original thirty-day period shall create a rebuttable
presumption of good cause as to the owner or interest holder. A motion requesting an
extension shall be filed within sixty days after receipt of the Notice of Pending Forfeiture.

B. The claim shall be in affidavit form, signed by the claimant under oath, and sworn
to by the affiant before one who has authority to administer the oath, under penalty of perjury
or false swearing and shall set forth all of the following:

(1) The caption of the proceedings as set forth on the Notice of Pending Forfeiture
or petition and the name of the claimant.

(2) The address where the claimant will accept mail.

(3) The nature and extent of the claimant's interest in the property.

(4) The date, identity of the transferor, and the circumstances of the claimant's
acquisition of the interest in the property.

(5) The specific provision of this Chapter relied on in asserting that the property is
not subject to forfeiture.

(6) All essential facts supporting each assertion.

(7) The specific relief sought.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 2022, No. 698, §1.*

##### **§ 40:2611** Judicial proceedings generally {#sec-40-2611 omnilex-key=us-la-statutes--rs-title-40--40:2611}

A. A judicial forfeiture proceeding under this Chapter is subject to the provisions of this Section.

B. The court, on application of the district attorney, may enter any restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, appraisers, accountants, or trustees, or take any other action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this Chapter, including a writ of attachment or a warrant for its seizure, whether before or after the filing of a Notice of Pending Forfeiture or petition for forfeiture.

C. If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under the provisions of Section 2613 of this Chapter, the court, on an application filed by an owner of or interest holder in the property, within ten days after notice of its seizure for forfeiture or lien, or actual knowledge of it, whichever is earlier, and after complying with the requirements for claims in Section 2610 of this Chapter, after five days notice to the district attorney, may issue an order to show cause to the seizing agency, for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing shall be held within thirty days of the order to show cause unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property shall be released to the custody of the applicant or from the lien pending the outcome of a judicial proceeding pursuant to this Section.

D. The court may order property which has been seized for forfeiture sold to satisfy a specified interest of any interest holder, on motion of such party, and after notice and a hearing, on all of the following conditions:

(1) That the interest holder has filed a proper claim and is a business authorized to do business in this state under the jurisdiction of the commissioner of financial institutions, the Department of Insurance, or the United States Securities and Exchange Commission, or that the interest holder is such a business which or a person who has an interest which the district attorney has stipulated is exempt from forfeiture.

(2) That the interest holder shall dispose of the property by commercially reasonable public sale and apply the proceeds to their interest and then to reasonable expenses incurred in connection with the sale or disposal.

(3) That the balance of the proceeds, if any, be returned to the actual or constructive custody of the court, in an interest bearing account, subject to further proceedings under this Chapter.

E. A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Section regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible. For the purposes of this Section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere.

F. In hearings and determinations pursuant to this Section, the court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a judge pursuant to C.Cr.P. Art. 162 together with inferences therefrom.

G. The fact that money or a negotiable instrument was found in proximity to contraband or an instrumentality of conduct giving rise to forfeiture shall give rise to the permissible inference that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate the conduct.

H. There shall also be a rebuttable presumption that any property of a person is subject to forfeiture under this Section if the state establishes all of the following:

(1) That the person has engaged in conduct giving rise to forfeiture.

(2) That the property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after that period.

(3) That there was no likely source for the property other than the conduct giving rise to forfeiture.

I. All property declared forfeited under this Chapter vests in this state on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the transferee claims and establishes in a hearing under the provisions of this Chapter that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under Section 2605 of this Chapter.

J. An acquittal or dismissal in a criminal proceeding shall not preclude civil proceedings under this Chapter; however, for good cause shown, on motion by the district attorney, the court may stay civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a violation of this Chapter. Such a stay shall not be available pending an appeal.

K. Except as otherwise provided by this Chapter, all proceedings hereunder shall be governed by the provisions of the Louisiana Code of Civil Procedure. Additionally, any action under the provisions of this Chapter may be consolidated with any other action or proceeding pursuant to the Chapter relating to the same property on motion of the district attorney and may be consolidated on motion of an interest holder.

L. If a claimant whose property has been seized for forfeiture is successful in obtaining the return of the property in a civil proceeding, the court may award the claimant reasonable attorney fees, to be paid by the seizing agency, and the claimant shall also be exempt from any storage fees, or other costs incurred in the seizure, preservation, storage, or return of such seized property. Any searched or seized vehicle that is subsequently returned to a claimant, with or without court mandate, shall be returned in substantially the same condition as when searched or seized, together with any interest earned on monies or other negotiable instruments deposited, held, or invested.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1992, No. 875, §1; Acts 1997, No. 1334, §1.*

##### **§ 40:2612** In rem proceedings {#sec-40-2612 omnilex-key=us-la-statutes--rs-title-40--40:2612}

A. A judicial in rem forfeiture proceeding brought by the district attorney pursuant to a Notice of Pending Forfeiture or verified petition for forfeiture is subject to the provisions of this Chapter. If authorized by law, a forfeiture shall be ordered by the court in the in rem action.

B. An action in rem may be brought by the district attorney in addition to, or in lieu of, civil in personam forfeiture procedures. The state may serve the petition in the manner provided by Paragraph (3) of Section 2608 of this Chapter.

C. Only an owner of or an interest holder in the property may file an answer asserting a claim against the property in an action in rem. For the purposes of this Section, an owner of or interest holder in property who has filed a claim and answer shall be referred to as a claimant.

D. The answer shall be signed by the owner or interest holder under penalty of false swearing and shall be in accordance with C.C.P. Art. 1003 and shall set forth all of the following:

(1) The caption of the proceedings as set forth on the Notice of Pending Forfeiture or petition and the name of the claimant.

(2) The address where the claimant will accept mail.

(3) The nature and extent of the claimant's interest in the property.

(4) The date, identity of the transferor, and the circumstances of the claimant's acquisition of the interest in the property.

(5) The specific provision of this Section relied on in asserting that it is not subject to forfeiture.

(6) All essential facts supporting each assertion.

(7) The precise relief sought.

E. The answer shall be filed within fifteen days after service of the civil in rem petition. No claimant shall be required to pay court costs to contest a forfeiture proceeding, except in a final judgment.

F. The state and any claimant who has timely answered the petition may, at the time of filing its pleadings, or at any other time not less than thirty days prior to the hearing, serve discovery requests on any other party, the answers or response to which shall be due within fifteen days of service. Discovery may include deposition of any person at any time after the expiration of fifteen days after the filing and service of the petition. Any party may move for a summary judgment at any time after an answer or responsive pleading is served and not less than thirty days prior to the hearing.

G. The issue shall be determined by the court alone, and the hearing on the claim shall be held within sixty days after service of the petition unless continued for good cause. In a forfeiture case wherein no claim is timely filed pursuant to the provisions of this Chapter, the burden of proof to forfeit shall be probable cause. In a forfeiture case, wherein a claim is timely filed pursuant to the provisions of this Chapter, the burden of proof required to forfeit the defendant's property shall be a preponderance of the evidence.

H. If the district attorney fails to show the existence of probable cause for forfeiture, or a claimant establishes by a preponderance of the evidence that the claimant has an interest that is exempt under the provisions of Section 2605 of this Chapter, the court shall order the interest in the property returned or conveyed to the claimant. The court shall order all other property forfeited to this state and conduct further proceedings pursuant to the provisions of Section 2615 and 2616 of this Chapter.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1.*

##### **§ 40:2613** In personam proceedings {#sec-40-2613 omnilex-key=us-la-statutes--rs-title-40--40:2613}

A.(1) A forfeiture may be ordered by a court on proceedings brought by the district attorney on behalf of the state in an in personam civil action alleging conduct giving rise to forfeiture if it is authorized by law. This action shall be in addition to or in lieu of in rem forfeiture procedures.

(2) In any proceeding pursuant to this Chapter, the court, on application of the district attorney, may enter any order authorized by Section 2611 of this Chapter.

B. The court may issue a temporary restraining order under the provisions of this Section on application of the district attorney, without notice or an opportunity for a hearing, if the state demonstrates that:

(1) There is probable cause to believe that in the event of a final judgment or conviction, the property involved would be subject to forfeiture under the provisions of this Chapter.

(2) Provision of notice would jeopardize the availability of the property for forfeiture.

C. Notice of issuance of a temporary restraining order and an opportunity for a hearing shall be given to persons known to have an interest in the property. A hearing shall be held at the earliest possible date in accordance with the provisions of C.C.P. Arts. 3601 and 3603 et seq. and shall be limited to the issues of whether:

(1) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, conveyed, alienated, encumbered, further encumbered, disposed of, purchased, received, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture.

(2) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered.

D. On a determination of liability of a person for conduct giving rise to forfeiture under this Chapter, the court shall enter a judgment of forfeiture of the property described in the petition and shall also authorize the district attorney or his designee to seize all property ordered forfeited which was not previously seized or is not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the district attorney, may enter any appropriate order to protect the interest of the state in the property ordered forfeited.

E. Following the entry of an order of forfeiture under Subsection D of this Section, the district attorney may give Notice of Pending Forfeiture, in the manner provided in Section 2608 of this Chapter, to all owners and interest holders who have not previously been given notice.

F. An owner of or interest holder in property that has been ordered forfeited and whose claim is not precluded may file a claim as described in Section 2610 of this Chapter within thirty days after initial Notice of Pending Forfeiture or after notice under Subsection E of this Section, whichever is earlier. If the state does not stipulate to the claim, the court shall hold the hearing and determine the claim without a jury and in the manner provided for in rem judicial forfeiture actions, as provided in Section 2612 of this Chapter.

G. In accordance with findings made at the hearing, the court may amend the order of forfeiture if it determines that any claimant has established by a preponderance of the evidence that the claimant has an interest in the property and that the claimant's interest is exempt under the provision of Section 2605 of this Chapter.

H. Except as provided in Section 2611 of this Chapter, no person claiming an interest in property subject to forfeiture under this Chapter may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the property.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2614** Substituted assets {#sec-40-2614 omnilex-key=us-la-statutes--rs-title-40--40:2614}

A. The court shall order the forfeiture of any other property of a claimant or owner up to the value of property found by the court to be subject to forfeiture under the provisions of Section 2604 of this Chapter if any of the property:

(1) Cannot be located.

(2) Has been transferred or conveyed to, sold to, or deposited with a third party.

(3) Is beyond the jurisdiction of the court.

(4) Has been substantially diminished in value while not in the actual physical custody of the seizing agency, district attorney, or his designee.

(5) Has been commingled with other property making it incapable of partition in-kind without great detriment to the other property.

(6) Is subject to any interest exempted from forfeiture under the provisions of this Chapter.

B. In addition to any other remedy provided for by law, if a forfeiture lien or Notice of Pending Forfeiture has been filed and notice given pursuant to Section 2608 of this Chapter, or if a petition alleging conduct giving rise to forfeiture has been filed and notice given pursuant to such Section, the district attorney may institute an action in district court against any person with notice or actual knowledge who destroys, conveys, alienates, encumbers, further encumbers, disposes of, purchases, receives, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable for forfeiture property alleged to be subject to forfeiture in the forfeiture lien, Notice of Pending Forfeiture, or petition. In such case, the court shall enter final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or, if the property is subject to forfeiture, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending in court, the action shall be heard by that court.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2615** Judicial disposition of property {#sec-40-2615 omnilex-key=us-la-statutes--rs-title-40--40:2615}

A. If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter. Upon a determination by the court that the district attorney's written application establishes the court's jurisdiction, the giving of proper notice, and facts sufficient to show probable cause for forfeiture, the court shall order the property forfeited to the state.

B. After final disposition of all claims timely filed in an action in rem, or after final judgment and disposition of all claims timely filed in an action in personam, the court shall enter an order that the state has clear title to the forfeited property interest. Title to the forfeited property interest and its proceeds shall be deemed to have vested in the state on the commission of the conduct giving rise to the forfeiture under this Chapter.

C. On order of the court forfeiting the subject property, the state may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this state, and by all agencies of this state and any political subdivision. Likewise on entry of judgment in favor of a person claiming an interest in the property that is subject to proceedings to forfeit property under this Chapter, the court shall enter an order that the property or interest in property shall be released or delivered promptly to that person free of liens and encumbrances under this Chapter and that the person's cost bond shall be discharged.

D. Upon motion by the district attorney, if it appears after a hearing that there was reasonable cause for the seizure for forfeiture or for the filing of the Notice of Pending Forfeiture or petition, the court shall cause a finding to be entered that reasonable cause existed, and the claimant is not entitled to costs or damages, and the person or seizing agency who made the seizure, and the district attorney, are not liable to suit or judgment on account of the seizure, suit or prosecution.

E. The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture under Section 2604 of this Chapter to pay the reasonable costs and expenses of the state for the investigation and prosecution of the matter, including reasonable attorney's fees, in connection with that claimant.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2616** Allocation of forfeited property; creation of special funds; reporting {#sec-40-2616 omnilex-key=us-la-statutes--rs-title-40--40:2616}

A.(1) Except as provided in Paragraph (2) of this Subsection, when property is forfeited under the provisions of this Chapter, the district attorney shall authorize a public sale or a public auction sale conducted by a licensed auctioneer, without appraisal, of that which is not required by law to be destroyed and which is not harmful to the public. The proceeds of any sale and any monies forfeited or obtained by judgment or settlement under this Section shall be deposited in the Special Asset Forfeiture Fund as established herein until disposed of pursuant to court order.

(2) If the property seized is a motor vehicle, the seizing agency may retain use of the motor vehicle for use in the course and scope of undercover surveillance and investigation of violations of the Louisiana Controlled Dangerous Substances Law. All other property forfeited under the provisions of this Chapter shall be sold as provided in Paragraph (1) of this Subsection.

B. A Special Asset Forfeiture Fund is hereby established within the Special District Attorney Asset Forfeiture Trust Fund. All monies obtained under the provisions of this Chapter shall be deposited in the fund. The court shall ensure the equitable distribution of any forfeited property, or of monies under and subject to the provisions of this Subsection, to the appropriate local, state, or federal law enforcement agency so as to reflect generally the contribution of that agency's participation in any of the activity that led to the seizure or forfeiture of the property or deposit of monies under and subject to the provisions of this Subsection. The office of the district attorney shall administer expenditures from the fund. The fund is subject to public audit. Money in the fund shall be distributed in the following order of priority:

(1) For satisfaction of any bona fide security interest or lien.

(2) Thereafter, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.

(3) The remaining funds shall be allocated as follows:

(a) Sixty percent thereof to the law enforcement agency or agencies making the seizure, such proceeds to be used in drug law enforcement, including but not limited to reward programs established by such agencies.

(b) Twenty percent thereof to the criminal court fund.

(c) Twenty percent thereof to any district attorney's office that employs the attorneys that handle the forfeiture action for the state. This shall be paid into the district attorney's twelve percent fund to be used for public purposes including, but not limited to use for prosecution, rewards, support and continuing legal education in furtherance of this Chapter, and in regard to Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950.

C. The district attorney may require the appropriate administrative agency to take custody of the property and remove it for disposition in accordance with law, and forward controlled substances to the United States Drug Enforcement Administration for disposition.

D. Notwithstanding any other provision of this Chapter, each district attorney shall, no later than March first of each year, submit to the governor, the president of the Senate, the speaker of the House of Representatives, the chief judge and the clerk of court of the judicial district where the district attorney has jurisdiction or, in Orleans Parish, to the chief judge of the Orleans Parish Criminal District Court and the clerk of that court, a report which lists the total amount of seized funds or estimated value of property seized and the amounts of funds or property distributed to any entity, agency, or fund, pursuant to the provisions of this Chapter during the previous calendar year.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1990, No. 502, §1; Acts 1992, No. 873, §1; Acts 1997, No. 1334, §1; Acts 1999, No. 986, §1; Acts 2003, No. 356, §1; Acts 2004, No. 400, §1; Acts 2013, No. 348, §1, eff. June 17, 2013.*

##### **§ 40:2617** Powers of enforcement personnel {#sec-40-2617 omnilex-key=us-la-statutes--rs-title-40--40:2617}

A. In investigating conduct in violation of any of the provisions of this Chapter or R.S. 40:961 through 1034, a district attorney or his designee may conduct an investigation of the conduct. The district attorney or his designee is authorized to, before the commencement of any civil proceeding or action under this Chapter, subpoena witnesses, compel their attendance, examine them under oath, and require the production of documentary evidence for inspection, reproducing, or copying with the same powers and limitations and judicial oversight and enforcement and in the manner provided by this Chapter and by C.C.P. Arts. 1351 et seq. and 1421 et seq. Any person compelled to appear under a demand for oral testimony under this Section may be accompanied, represented, and advised by counsel.

B. The examination of all witnesses under this Section shall be conducted by the district attorney or his designee before an officer authorized to administer oaths. The testimony shall be taken stenographically or by a sound recording device and shall be transcribed. The district attorney shall exclude from the place where the examination is held all persons except the person being examined, his counsel, the officer before whom the testimony is to be taken, law enforcement officials, and any stenographer taking such testimony. The examination shall be conducted in a manner consistent with the C.C.P. Art. 1421 et seq. Testimony obtained pursuant to this Section and in accordance with the provisions of C.C.P. Art. 1421 et seq., pertaining to discovery shall not be used against a claimant in a substantive criminal proceeding, except for perjury or false swearing.

C. Except as otherwise provided in this Chapter, no documentary material, or transcripts, or oral testimony, or copies of it, in the possession of the district attorney shall be available, prior to the filing of a civil or criminal proceeding or action relating to it, for examination by any individual other than a law enforcement official or agent of such official without the consent of the person who produced the material or transcripts.

D. No person shall, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the district attorney under this Section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any documentary material that is the subject of a subpoena. A violation of this Subsection is punishable by a five hundred dollar fine or six months imprisonment, or both.

E. Acts or omissions by the district attorney in the course of their duties in the enforcement of any of the provisions of this Chapter, including provision of any legal services prior to charging, petition or seizure, are prosecutorial and shall not subject the attorneys or their principals to civil liability.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2618** Prescription {#sec-40-2618 omnilex-key=us-la-statutes--rs-title-40--40:2618}

A civil action under this Chapter shall be commenced within seven years after the last conduct giving rise to forfeiture or to the cause of action became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement, or during which criminal proceedings relating to the same conduct are pending.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2619** Summary forfeiture of controlled substances {#sec-40-2619 omnilex-key=us-la-statutes--rs-title-40--40:2619}

Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this Chapter an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2620** Bar to collateral action {#sec-40-2620 omnilex-key=us-la-statutes--rs-title-40--40:2620}

No person claiming an interest in property subject to forfeiture may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Chapter.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2621** Statutory construction {#sec-40-2621 omnilex-key=us-la-statutes--rs-title-40--40:2621}

The provisions of this Chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this Chapter shall be supplemental and not mutually exclusive. They do not preclude and are not precluded by any other provision of law.

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

##### **§ 40:2622** Short title {#sec-40-2622 omnilex-key=us-la-statutes--rs-title-40--40:2622}

The provisions of this Chapter shall be known and may be referred to as the "Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989".

*Acts 1989, No. 375, §1, eff. Jan. 1, 1990.*

### **CHAPTER 27** TANNING FACILITY REGULATION

##### **§ 40:2701** Short title {#sec-40-2701 omnilex-key=us-la-statutes--rs-title-40--40:2701}

This Chapter may be cited as the "Tanning Facility Regulation Act".

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2702** Legislative findings {#sec-40-2702 omnilex-key=us-la-statutes--rs-title-40--40:2702}

The legislature finds and declares:

(1) Many physicians and scientists warn that the risks associated with suntanning are greater when tanning with artificial ultraviolet light.

(2) These risks include but are not limited to sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system.

(3) Certain medications, cosmetics, and foods are "photosensitizing", which means that in some people they react unfavorably to ultraviolet light, producing skin rashes or burns.

(4) Sunlamps and other artificial sources of ultraviolet light are known to intensify these effects.

(5) The enactment of state laws to regulate tanning facilities will protect and promote the public health, safety, and welfare of citizens who tan using artificial ultraviolet light.

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2703** Definitions {#sec-40-2703 omnilex-key=us-la-statutes--rs-title-40--40:2703}

As used in this Chapter, these terms shall have the following meanings:

(1) "Authorized agent" means an employee of the department
designated by the state health officer to enforce the provisions of this Chapter.

(2) "Consumer" means any individual who is provided access to a
tanning facility which is required to be registered pursuant to provisions of this
Chapter.

(3) "Department" means the Louisiana Department of Health.

(4) "Individual" means any human being.

(5) "Operator" means any individual designated by the registrant to
operate or to assist and instruct the consumer in the operation and use of the
tanning facility or tanning equipment.

(6) "Persons" means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group, agency, political
subdivision of this state, any other state, or political subdivision or agency
thereof, and any legal successor, representative, agent, or agency of these
entities.

(7) "Phototherapy device" means a piece of equipment that emits
ultraviolet radiation and is used by a licensed health care professional in the
treatment of disease.

(8) "Registrant" means any person who is registered with the
department as required by provisions of this Chapter.

(9) "Registration" means registration with the department in
accordance with the provisions of this Chapter.

(10) "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.

(11) "Tanning equipment" means ultraviolet or other lamps and
equipment containing such lamps intended to induce skin tanning through the
irradiation of any part of the living human body with ultraviolet radiation.

(12) "Tanning facility" means any location, place, area, structure, or
business which provides consumers access to tanning equipment. For the
purpose of this definition, tanning equipment registered to different persons at
the same location and tanning equipment registered to the same person, but at
separate locations, shall constitute separate tanning facilities.

(13) "Ultraviolet radiation" means electromagnetic radiation with
wavelengths in air between two hundred nanometers and four hundred
nanometers.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2704** Exemptions {#sec-40-2704 omnilex-key=us-la-statutes--rs-title-40--40:2704}

A. Any person is exempt from the provisions of this Chapter to the extent that such person:

(1) Uses equipment which emits ultraviolet radiation incidental to its normal operation.

(2) Does not use the equipment described in Paragraph (1) of this Subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose of tanning or other treatment.

B. Any physician licensed by the Louisiana State Board of Medical Examiners is exempt from the provisions of this Chapter and is authorized to use a phototherapy device or other medical diagnostic and therapeutic equipment which emits ultraviolet radiation.

C. Any individual is exempt from the provisions of this Chapter to the extent that such individual owns tanning equipment exclusively for noncommercial use.

D. Tanning equipment while in transit or storage incidental thereto is exempt from the provisions of this Chapter.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2705** Registration {#sec-40-2705 omnilex-key=us-la-statutes--rs-title-40--40:2705}

A. Each person operating a tanning facility on January 1, 1991, shall register the facility under this Chapter no later than March 1, 1991.

B. Each person acquiring or establishing a tanning facility after January 1, 1991, shall register the facility under this Chapter prior to beginning operation of such a facility.

C. The application required in Subsections A and B of this Section shall be submitted on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions.

D. The department shall require at least the following information on the forms provided for applying for registration of tanning facilities:

(1) Name, physical address, mailing address, and telephone number of the facility where the tanning equipment is being utilized.

(2) Name, mailing address, and telephone number of each owner of the tanning facility.

(3) Name of each tanning facility operator with a certification of each operator's training as provided in R.S. 40:2714(H).

(4) Each manufacturer, model number, serial number, and type of ultraviolet lamps or tanning equipment located at the tanning facility.

(5) Name of each tanning equipment supplier, installer, and service agent.

(6) The geographic areas of the state to be covered, if the application is for a mobile tanning facility.

(7) Copies of any posted warnings or notices which are not required by this Chapter but which address the safe or proper use of tanning equipment and protective devices.

(8) Copies of the consent forms and statements which the consumer will be required to sign pursuant to R.S. 40:2714(A).

(9) Procedures which each operator will be required to follow for the safe use of tanning equipment to include:

(a) Instructions to the consumer.

(b) Use of protective eyewear.

(c) Suitability of prospective consumers for tanning equipment use.

(d) Determination of duration of tanning exposures.

(e) Periodic testing of tanning equipment and timers.

(f) Handling of complaints of injury from consumers.

(g) Records to be maintained on each consumer.

(h) Sanitizing tanning equipment.

(10) Certification that the applicant has read and understands the requirements of this Chapter, such certification to be signed and dated by the manager of the facility and the owner of the tanning facility.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2706** Certificate of registration {#sec-40-2706 omnilex-key=us-la-statutes--rs-title-40--40:2706}

A. Upon determination that an application meets the requirements of this Chapter, the department shall issue a certificate of registration.

B. Each certificate of registration shall expire at midnight on the expiration date stated thereon.

C. The registrant shall file applications for renewal in accordance with regulations promulgated by the department.

D. Provided that a registrant files an application with the department for renewal in proper form not less than thirty days prior to the expiration date stated on the certificate of registration, such certificate of registration shall not expire pending final action on the application by the department.

E. The registrant shall notify the department in writing before making any change which would render the information contained in the application for registration or the certificate of registration no longer accurate.

F. No certificate of registration may be transferred from one person to another person or from one tanning facility to another tanning facility.

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2707** Prohibited acts; advertisement; minors {#sec-40-2707 omnilex-key=us-la-statutes--rs-title-40--40:2707}

A. A tanning facility shall not claim or distribute promotional materials that claim use of a tanning device is safe or free from risk. No person shall state or imply that any activity under such registration has been approved by the department.

B. A tanning facility shall not allow any person under eighteen years of age to use any tanning equipment.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 2014, No. 193, §1.*

##### **§ 40:2708** Denial, suspension, or revocation of a certificate {#sec-40-2708 omnilex-key=us-la-statutes--rs-title-40--40:2708}

A. The department may deny, suspend, or revoke a certificate of registration applied for or issued pursuant to this Chapter:

(1) For any material false statement in the application for registration or in any statement of fact required by provisions of this Chapter.

(2) Because of conditions revealed by the application or any report, record, inspection, or other means which would warrant the department to refuse to grant a certificate of registration on an original application.

(3) For operation of the tanning facility in a manner that causes or threatens to cause hazard to the public health or safety.

(4) For failure to allow authorized representatives of the department to enter the tanning facility during normal business hours for the purpose of determining compliance with the provisions of this Chapter, conditions of the certificate of registration, or an order of the department.

(5) For violation of or failure to observe any of the terms and conditions of the certificate of registration, the provisions of this Chapter, or an order of the department.

B. Except in cases of willful disregard for the public health and safety, prior to the institution of proceedings for suspension or revocation of a certificate of registration, the agency shall:

(1) Call to the attention of the registrant, in writing, the facts or conduct which may warrant such actions.

(2) Provide reasonable opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.

C. The department may deny a certificate of registration or suspend or revoke a certificate of registration after issuance only in accordance with the Administrative Procedure Act.

D. The department may terminate a certificate of registration upon receipt of a written request for termination from the registrant.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2709** Compliance with federal and state law {#sec-40-2709 omnilex-key=us-la-statutes--rs-title-40--40:2709}

A tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. Except as otherwise ordered or approved by the department, each tanning facility shall be constructed, operated, and maintained in accordance with the requirements of R.S. 40:2710 through 2714.

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2710** Warning signs {#sec-40-2710 omnilex-key=us-la-statutes--rs-title-40--40:2710}

A. The registrant shall post the warning sign described in Subsection B of this Section within three feet of each tanning station and in such manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before energizing the tanning equipment.

B. The sign required by this Section shall be printed in upper and lower case letters which are at least one-half inch and one-quarter inch in height, respectively, and shall contain the following warnings:

"DANGER - ULTRAVIOLET RADIATION

- Follow instructions.

- Avoid overexposure. As with natural sunlight, repeated exposure to ultraviolet radiation can cause chronic sun damage characterized by premature aging of the skin, wrinkling, dryness, fragility and bruising of the skin, and skin cancer.

- Wear protective eyewear.

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN

SEVERE BURNS OR PERMANENT INJURY TO THE EYES.

- Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe that you are especially sensitive to sunlight. Pregnant women or women taking oral contraceptives who use this product may develop discolored skin.

IF YOU DO NOT TAN IN THE SUN YOU ARE UNLIKELY

TO TAN FROM THE USE OF ULTRAVIOLET

RADIATION OF TANNING EQUIPMENT."

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2711** Equipment standards {#sec-40-2711 omnilex-key=us-la-statutes--rs-title-40--40:2711}

A. The registrant shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3.

B. Each assembly of tanning equipment shall be designated for use by only one consumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus ten percent of any selected time. The facility shall control the interior temperature of a tanning device so that it may not exceed one hundred degrees Fahrenheit.

C. Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit, or similar internal circuit breakers within said equipment.

D. Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2712** Stand-up tanning booths Tanning booths designed for stand-up use shall also comply with the following additional requirements: {#sec-40-2712 omnilex-key=us-la-statutes--rs-title-40--40:2712}

(1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin.

(2) Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person.

(3) Access to booths shall be of rigid construction with doors which are nonlatching and that open outwardly.

(4) Booths shall be equipped with handrails and nonslip floors.

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2713** Operational requirements {#sec-40-2713 omnilex-key=us-la-statutes--rs-title-40--40:2713}

A. A tanning facility shall have an operator present during operating hours. The operator must be sufficiently knowledgeable of the correct operation of the tanning devices used at the facility to inform and assist each customer in the proper use of the tanning devices.

B. The registrant shall provide protective eyewear to each consumer for wear during any use of tanning equipment.

C. The protective eyewear required in Subsection B of this Section shall meet the requirements of 21 CFR 1040.20(c)(5).

D. Tanning facility operators shall use concerted efforts to ensure that consumers wear the protective eyewear required by this Section.

E. The registrant shall ensure that the protective eyewear required by this Section are properly sanitized before each use and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2714** Information provided to consumer {#sec-40-2714 omnilex-key=us-la-statutes--rs-title-40--40:2714}

A. The tanning facility operator shall provide each consumer, receipt of which is acknowledged by the consumer, prior to initial exposure, a written statement warning that:

(1) Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes.

(2) Overexposure to ultraviolet light causes burns.

(3) Repeated exposure may result in premature aging of the skin and skin cancer.

(4) Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain:

(a) Foods.

(b) Cosmetics.

(c) Medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, and oral contraceptives.

(5) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.

(6) A person should not sunbathe before or after exposure to ultraviolet radiation from sunlamps.

B. Compliance with the notice and warning requirements shall not affect the liability of a tanning facility operator or manufacturer of a tanning device.

C. The registrant shall maintain for six years a record of each consumer's total number of tanning visits, dates, and duration of tanning exposures.

D. The registrant shall submit to the department a written report of actual or alleged injury from use of registered tanning equipment within five working days after occurrence or notice thereof. The report shall include:

(1) The name of the affected individual.

(2) The name, location, and registration number of the tanning facility and identification of the specific tanning equipment involved.

(3) The nature of the actual or alleged injury.

(4) Any other information relevant to the actual or alleged injury, including the date and duration of exposure.

E. The registrant shall place, at the entrance of the tanning facility, signage that states "LOUISIANA LAW PROHIBITS PERSONS UNDER 18 YEARS OF AGE FROM USING ANY TANNING FACILITY EQUIPMENT THAT EMITS ULTRAVIOLET LIGHT FOR THE PURPOSE OF SKIN TANNING". The signage shall have dimensions of at least eight inches by ten inches.

F. The registrant shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution.

G. The registrant shall replace ultraviolet lamps and bulbs which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.

H. The registrant shall certify that all tanning equipment operators are adequately trained in at least the following:

(1) The requirements of this Chapter.

(2) Procedures for correct operation of the tanning facility and tanning equipment.

(3) Recognition of injury or overexposure to ultraviolet radiation.

(4) The tanning equipment manufacturer's procedures for operation and maintenance of the tanning equipment.

(5) The determination of skin type of consumers and appropriate determination of duration of exposure to registered tanning equipment.

(6) Emergency procedures to be followed in case of injury.

I. The registrant shall limit the operation of tanning equipment to persons who have successfully completed formal training courses that cover the provisions of Subsection H of this Section and have been approved by the department.

J. The registrant shall maintain a record of operator training required in Subsection I of this Section for inspection by authorized representatives of the department.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1; Acts 2014, No. 193, §1.*

##### **§ 40:2715** Rules and regulations {#sec-40-2715 omnilex-key=us-la-statutes--rs-title-40--40:2715}

The department may adopt rules and regulations as necessary to implement the provisions of this Chapter in accordance with the Administrative Procedure Act.

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2716** Criminal penalty {#sec-40-2716 omnilex-key=us-la-statutes--rs-title-40--40:2716}

Any person who has a tanning facility which is required to be registered pursuant to this Chapter and who fails to register that facility as so required or who operates that facility after such registration has expired, been suspended, or revoked shall be guilty of a misdemeanor. Any person convicted of such a misdemeanor shall be fined no less than one thousand dollars and no more than five thousand dollars for each violation. Each day of operation of a tanning facility in violation of the provisions of this Chapter shall constitute a separate offense.

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2717** Injunction {#sec-40-2717 omnilex-key=us-la-statutes--rs-title-40--40:2717}

A. If the department, state health officer, or an authorized agent finds that a person has violated, is violating, or threatening to violate this Chapter and that the violation or threat of violation creates an immediate threat to the health and safety of the public, the department, state health officer, or an authorized agent may petition the district court for a temporary restraining order to restrain the violation or threat of violation.

B. If a person has violated, is violating, or threatening to violate this Chapter, the department, state health officer, or an authorized agent 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.

C. 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.

D. Venue for a suit brought under this Section shall be in the parish in which the violation or the threat of violation is alleged to have occurred.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.*

##### **§ 40:2718** Permits {#sec-40-2718 omnilex-key=us-la-statutes--rs-title-40--40:2718}

A. A person may not operate a tanning facility without a current and valid permit to operate the facility that is issued by the department.

B. The permit shall be displayed in an open public area of the tanning facility.

C. On receipt of an application or forms provided by the department for this purpose and renewal fees, permits shall be renewed annually by the department.

D. The department by rule may adopt a system under which permits expire on various dates during the year. As part of this system the annual renewal fees may be prorated on a monthly basis to reflect the actual number of months the permit is valid.

E. The department may revoke, cancel, suspend, or probate a permit to operate a tanning facility for any of the following reasons:

(1) Failure to pay a permit fee or an annual renewal fee for a permit.

(2) The applicant obtained or attempted to obtain a permit by fraud or deception.

(3) A violation of any of the provisions of this Chapter.

(4) A violation of a rule or regulation of the department adopted pursuant to this Chapter.

*Acts 1990, No. 587, §1, eff. July 19, 1990.*

##### **§ 40:2719** Fees {#sec-40-2719 omnilex-key=us-la-statutes--rs-title-40--40:2719}

The department shall establish and collect a permit fee of one hundred fifty dollars and an annual permit renewal fee of one hundred ten dollars.

*Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.*

### **CHAPTER 28** CERTIFICATION OF PRIVATE REVIEW AGENTS PERFORMING UTILIZATION REVIEW

##### **§ 40:2721** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2721 omnilex-key=us-la-statutes--rs-title-40--40:2721}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2722** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2722 omnilex-key=us-la-statutes--rs-title-40--40:2722}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2723** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2723 omnilex-key=us-la-statutes--rs-title-40--40:2723}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2724** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2724 omnilex-key=us-la-statutes--rs-title-40--40:2724}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2725** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2725 omnilex-key=us-la-statutes--rs-title-40--40:2725}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2726** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2726 omnilex-key=us-la-statutes--rs-title-40--40:2726}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2727** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2727 omnilex-key=us-la-statutes--rs-title-40--40:2727}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2728** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2728 omnilex-key=us-la-statutes--rs-title-40--40:2728}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2729** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2729 omnilex-key=us-la-statutes--rs-title-40--40:2729}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2730** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2730 omnilex-key=us-la-statutes--rs-title-40--40:2730}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2731** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2731 omnilex-key=us-la-statutes--rs-title-40--40:2731}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2732** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2732 omnilex-key=us-la-statutes--rs-title-40--40:2732}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2733** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2733 omnilex-key=us-la-statutes--rs-title-40--40:2733}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2734** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2734 omnilex-key=us-la-statutes--rs-title-40--40:2734}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2735** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2735 omnilex-key=us-la-statutes--rs-title-40--40:2735}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

##### **§ 40:2736** Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003. {#sec-40-2736 omnilex-key=us-la-statutes--rs-title-40--40:2736}

*Repealed by Acts 2003, No. 200, §1, eff. June 5, 2003.*

### **CHAPTER 29** LOUISIANA HEALTHY PEOPLE 2010 PLANNING COUNCIL

##### **§ 40:2741** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2741 omnilex-key=us-la-statutes--rs-title-40--40:2741}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2742** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2742 omnilex-key=us-la-statutes--rs-title-40--40:2742}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2743** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2743 omnilex-key=us-la-statutes--rs-title-40--40:2743}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2744** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2744 omnilex-key=us-la-statutes--rs-title-40--40:2744}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

##### **§ 40:2745** Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005. {#sec-40-2745 omnilex-key=us-la-statutes--rs-title-40--40:2745}

*Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.*

### **CHAPTER 30** INTERAGENCY TASK FORCE ON THE FUTURE OF FAMILY MEDICINE

##### **§ 40:2801** Repealed by Acts 2012, No. 811, §18, eff. Sept. 1, 2012. {#sec-40-2801 omnilex-key=us-la-statutes--rs-title-40--40:2801}

*Repealed by Acts 2012, No. 811, §18, eff. Sept. 1, 2012.*

##### **§ 40:2802** Repealed by Acts 2012, No. 811, §18, eff. Sept. 1, 2012. {#sec-40-2802 omnilex-key=us-la-statutes--rs-title-40--40:2802}

*Repealed by Acts 2012, No. 811, §18, eff. Sept. 1, 2012.*

##### **§ 40:2803** Repealed by Acts 2012, No. 811, §18, eff. Sept. 1, 2012. {#sec-40-2803 omnilex-key=us-la-statutes--rs-title-40--40:2803}

*Repealed by Acts 2012, No. 811, §18, eff. Sept. 1, 2012.*

### **CHAPTER 31** DISPOSITION OF PROPERTY ABANDONED TO HOSPITALS

##### **§ 40:2811** Disposition of property abandoned to hospitals {#sec-40-2811 omnilex-key=us-la-statutes--rs-title-40--40:2811}

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.*

### **CHAPTER 32** DRINKING WATER REVOLVING LOAN FUND

##### **§ 40:2821** Legislative findings {#sec-40-2821 omnilex-key=us-la-statutes--rs-title-40--40:2821}

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.*

##### **§ 40:2822** Definitions {#sec-40-2822 omnilex-key=us-la-statutes--rs-title-40--40:2822}

As used in this Chapter, the following terms shall have the meanings ascribed to them
in this Section, unless the context clearly indicates otherwise:

(1) "Administrative costs" means costs incurred by the Louisiana Department of
Health, office of public health in the administration of the program, including but not limited
to:

(a) Program startup costs.

(b) Financial administrative costs of servicing loans and issuing debt.

(c) Costs associated with establishing assistance priorities and carrying out oversight
and related activities other than financial administration.

(d) Financial, management, and legal consulting fees.

(e) Reimbursement costs for support services from other state agencies.

(2) "Capitalization grant" means the assistance agreement by which the United States
Environmental Protection Agency obligates and awards funds allotted to the state for the
purposes of capitalizing the Drinking Water Revolving Loan Fund as well as any other
monies for other purposes authorized by the federal act.

(3) "Community water system" means a public water system that serves year-round
residents within a residential setting.

(4) "Cost" means, with reference to a project, all capital costs incurred or to be
incurred for a public water system, including but not limited to:

(a) Engineering, financing, and other fees.

(b) Construction and interest during construction.

(c) A reasonable allowance for contingencies to the extent permitted by the federal
act and rules promulgated thereunder.

(5) "Disadvantaged community" means the service area of a public water system
wherein the system's existing or projected rates for water service do not meet affordability
criteria established under the Intended Use Plan of the Louisiana Department of Health,
office of public health.

(6) "Drinking Water Revolving Loan Fund" means the revolving loan fund
established under this Chapter pursuant to the authority of the federal act.

(7) "Environmental review" means an environmental review process conducted by
the Louisiana Department of Health of any public water system that has applied for or has
received a loan or other assistance from the program. Nothing in this Paragraph shall prevent
the Department of Environmental Quality from fulfilling its responsibilities under the
Louisiana Environmental Quality Act (R.S. 30:2001 et seq.).

(8) "Federal act" means the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).

(9) "Governmental agency" means the state, its political subdivisions, or any agency
thereof, Indian tribes, and combinations of governmental entities, which have the authority
to own, construct, or operate a public water system or a wastewater treatment facility and
other related activities.

(10) "Indian tribe" means an Indian tribe having a federally recognized governing
body carrying out substantial governmental duties and powers over any area within the state.

(11) "Intended Use Plan" means a document which describes how the state intends
to use the federal capitalization grant funds, state matching funds, principal repayments,
interest earnings, and any other monies associated with the Drinking Water Revolving Loan
Fund Program during each year in order to meet the objectives of the federal act and further
the goal of protecting public health.

(12) "Loan" means a loan of money from the Drinking Water Revolving Loan Fund
for eligible project costs.

(13) "Loan subsidy" means a forgiveness of loan principal, or a portion thereof, up
to an amount sufficient to make the project affordable to a disadvantaged community or to
a community that the state expects to become a disadvantaged community as the result of a
proposed project.

(14) "Net proceeds" means the funds raised from the sale of bonds minus issuance
costs, which costs include but are not limited to the underwriting discount, printing of
disclosure documents' bond certificates, and the fees of the underwriter's legal counsel, bond
counsel, financial advisor, rating agency, and trustee banks.

(15) "Non-community water system" means a public water system that serves
persons in a nonresidential setting.

(16) "Nonprofit non-community water system" means a non-community water
system that is owned by an entity organized under Louisiana law which qualifies as a tax
exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code.

(17) "Privately owned system" means a public water system that is not owned by a
governmental agency.

(18) "Program" means the Drinking Water Revolving Loan Fund Program as
established by this Chapter.

(19) "Project" means improvements or activities to be undertaken by a public water
system which:

(a) Are of a type that will facilitate compliance with state drinking water regulations
which are no less stringent than any federal drinking water regulations adopted pursuant to
the federal act.

(b) Further the health protection objectives of the federal act.

(20) "Public water system" means a system for the provision to the public of water
for potable purposes, through pipes or other constructed conveyances, if the system has at
least fifteen service connections or regularly serves an average of at least twenty-five
individuals daily for at least sixty days out of the year. The term includes:

(a) Any collection, treatment, storage, and distribution facilities under the control of
the operator of the system and used primarily in connection with the system.

(b) Any collection or pretreatment storage facilities not under such control which are
used primarily in connection with the system.

(21) "Publicly owned system" means a public water system that is owned by a
governmental agency.

(22) "Set-asides" means use of a portion of the state's allotted capitalization grant
funds for various project and non-project activities as authorized under the federal act.

*Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2001, No. 862, §1; Acts 2003, No. 67, §3, eff. May 28, 2003; Acts 2006, No. 39, §1, eff. May 12, 2006.*

##### **§ 40:2823** Drinking Water Revolving Loan Fund Program {#sec-40-2823 omnilex-key=us-la-statutes--rs-title-40--40:2823}

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.*

##### **§ 40:2824** Drinking Water Revolving Loan Fund {#sec-40-2824 omnilex-key=us-la-statutes--rs-title-40--40:2824}

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.*

##### **§ 40:2825** Use of Drinking Water Revolving Loan Fund {#sec-40-2825 omnilex-key=us-la-statutes--rs-title-40--40:2825}

A.(1) All monies within, credited to the accounts of, or to be received
by the drinking water loan fund, including sums to be received pursuant to
letters of credit, shall be expended, committed, or pledged in a manner
consistent with the terms and conditions of the grants and other sources of said
deposits, credits, and letters of credit and as provided in federal and state law.

(2) Such funds may be used:

(a) To provide financial assistance, to the extent authorized under state
law, for the planning, design, construction, and rehabilitation of both publicly
and privately owned community water systems, and of nonprofit non-community water systems, which systems are included on the state project
priority list contained within the Intended Use Plan.

(b) To provide financial assistance for the acquisition of real property
or interests therein, only when such acquisition is integral to a project
otherwise authorized by this Chapter, and the purchase is from a willing seller
at a fair market value.

(c) To provide loans at or below market interest rates, including interest
free loans, for a period not to exceed twenty years from the completion date of
the construction of a project so financed; however, loans made for projects for
a disadvantaged community may have a period of up to thirty years if such
loan period does not exceed the expected design life of the project. All such
loans shall be subject to approval by the Louisiana Department of Health,
office of public health.

(d) To purchase or refinance, at an interest rate that is less than or equal
to the market interest rate, debt obligations incurred after July 1, 1993, for
projects for public water systems owned by a governmental agency, public
corporation, or public trust within the state.

(e) To guarantee or purchase insurance for debt obligations, if the total
proceeds of which debt obligation support a project eligible for assistance
under this Chapter, if such guarantee or purchase of insurance would improve
credit market access or reduce the interest rate applicable for the obligation.

(f) To provide a source of revenue or security for the payment of
principal, interest, or premium on revenue or general obligation bonds or other
evidences of indebtedness issued by the Louisiana Department of Health, or
any governmental agency, public corporation, public trust, or any other entity
having the authority to issue debt for or on behalf of the state, if the net
proceeds of such debt instruments are deposited in the drinking water loan
fund, or are used to finance a project approved by the Louisiana Department
of Health, office of public health, or are used to refund any obligation which
finances a project approved under this Chapter.

(g) To provide loan subsidies to disadvantaged communities or to
communities expected to become disadvantaged as a result of a proposed water
system project; however, the total value of all such subsidies granted in any
year shall not exceed thirty percent of the capitalization grant for that year.

(h) To provide for any other expenditure consistent with the
capitalization grant agreement.

B. To the extent that monies within the drinking water loan fund are
not required for current obligations or expenditure, such amounts may be
invested in an interest-bearing account. All such interest earned on
investments shall be credited to the drinking water loan fund.

C. Of the total funds credited to the drinking water loan fund annually,
at least fifteen percent shall be available solely for the provision of loan
assistance to public water systems which regularly serve fewer than ten
thousand persons, to the extent that there is a sufficient number of projects
eligible and ready to receive such assistance.

D. Monies in the drinking water loan fund shall not be used to support
monitoring, operation, or maintenance expenditures associated with public
water systems.

E. Monies in the drinking water loan fund shall not be used to provide
loans or other financial assistance for public water systems owned by federal
agencies.

*Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2003, No. 67, §3, eff. May 28, 2003.*

##### **§ 40:2826** Loan conditions and repayment {#sec-40-2826 omnilex-key=us-la-statutes--rs-title-40--40:2826}

A. Upon approval of an application by the Louisiana Department of
Health, office of public health, the Louisiana Department of Health may lend
amounts on deposit in the Drinking Water Revolving Loan Fund to a public
water system to finance all or a portion of the cost of an eligible project. Such
loans are subject to the borrower's compliance with the conditions of the loan,
as well as any applicable rules or regulations promulgated by the Louisiana
Department of Health.

B. Prior to making a loan, the Louisiana Department of Health shall
determine that the public water system has the ability to repay the unsubsidized
portion of the loan, and may require a dedicated source of repayment and
impose additional requirements as the department deems necessary.

C.(1) Each loan, unless prepaid, shall be payable subject to the loan
agreement, with principal and interest payments commencing not later than
one year after the completion date of the project for which the loan was made,
and each loan shall be fully amortized not later than twenty years after the
completion date.

(2)(a) An exception is made for loans for a disadvantaged community
wherein an extended loan term has been granted in the loan agreement.

(b) In such case, principal and interest payments, as applicable, shall
commence not later than one year after the completion date of the project for
which the loan was made, and all of the following are true:

(i) The extended loan term terminates not later than the date that is
thirty years after the completion date of the project.

(ii) The extended loan term does not exceed the expected design life
of the project.

D.(1) Subject to the limitations of the federal act, the interest rate on
each loan shall be established by the secretary of the Louisiana Department of
Health in consultation with the assistant secretary for the office of public
health, Louisiana Department of Health. Criteria to be considered in the
development of such interest rate shall include but is not limited to program
priorities established within the Intended Use Plan, the tax status of the
applicant, the creditworthiness of the applicant, the cost of bonds issued to
provide loan funding, and the long-term viability of the Drinking Water
Revolving Loan Fund.

(2) The interest rate for a loan may include any additional rate that the
Louisiana Department of Health considers reasonable or necessary to provide
a reserve for the repayment of the loan. The additional rate may be fixed or
variable, may be calculated according to a formula, and may differ from the
rate established for any other loans.

E. Each loan shall be evidenced by a bond, note, or other evidence of
indebtedness of the borrower, in a form prescribed or approved by the
Louisiana Department of Health. Such evidences of indebtedness shall be
consistent with the provisions of this Chapter and the federal act, and are not
required to be identical for all loans.

F. As a condition to making a loan, the Louisiana Department of
Health, office of public health, may impose a reasonable administrative fee,
subject to the provisions of Article VII, Section 2.1 of the Constitution of
Louisiana, which fee may be paid from the proceeds of the loan or other funds
available to the owner of the public water system. The proceeds from such
administration fee shall be deposited into a special interest bearing account and
shall be specifically reserved for the payment of long-term administrative costs
associated with the Drinking Water Revolving Loan Fund Program.

*Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2003, No. 67, §3, eff. May 28, 2003.*

### **CHAPTER 33** COMMERCIAL BODY ART REGULATION

##### **§ 40:2831** Definitions {#sec-40-2831 omnilex-key=us-la-statutes--rs-title-40--40:2831}

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.*

##### **§ 40:2832** Registration {#sec-40-2832 omnilex-key=us-la-statutes--rs-title-40--40:2832}

A. Each person operating a commercial body art facility on January 1, 2000, shall register the facility under this Chapter no later than March 1, 2000.

B. Each person acquiring or establishing a commercial body art facility after January 1, 2000, shall register the facility under this Chapter prior to beginning operation of such a facility.

C. No person shall operate a commercial body art facility without having first registered that facility as provided in Subsections A and B of this Section. The application for registration shall be submitted on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions.

D. Each person managing a commercial body art facility and each person acting as an operator as defined in this Chapter on January 1, 2000, shall register under this Chapter no later than March 1, 2000.

E. Each person who begins to act as a manager or operator in a commercial body art facility after January 1, 2000, shall register the facility^1^ under this Chapter prior to beginning operation of such a facility.

F. No person shall act as a manager or operator in a commercial body art facility without having first registered as provided in Subsections D and E of this Section. The applications for registration shall be submitted on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions.

G. Any facility approved by the department for training operators pursuant to R.S. 40:2833(A)(4) shall register with the department upon approval.

H. The department shall conduct at least one inspection of a business prior to approving the business to offer commercial body art application services under the provisions of this Chapter. The department may conduct additional inspections as necessary for the approval process, and may inspect a registered business at any time the department considers necessary. In an inspection, the department shall be given access to the business' premises and to all records relevant to the inspection.

I.(1) The department may suspend or revoke the approval of a business to offer commercial body art procedures at any time the department determines that the business is being operated in violation of this Chapter, any rules adopted pursuant to the provisions of this Chapter, or the provisions of R.S. 14:93.2, which prohibit tattooing and body piercing of minors without parental or custodial consent.

(2) In addition to suspension or revocation of approval by the department, if a business violates the provisions of R.S. 14:93.2, it shall also be subject to the penalties provided therein.

J.(1) The department may suspend or revoke the registration of a manager or operator at a commercial body art facility or the registration of a registered training facility at any time the department determines that the registrant is operating in violation of this Chapter, any rules adopted pursuant to the provisions of this Chapter, or the provisions of R.S. 14:93.2.

(2) In addition to suspension or revocation of registration by the department, a registrant who violates the provisions of R.S. 14:93.2 shall be subject to the penalties provided therein.

K. Any physician licensed by the Louisiana State Board of Medical Examiners is exempt from the provisions of this Chapter.

L.(1) The department shall establish and collect from each registrant:

(a) Owner of facility

$1,000.00

(b) Manager of facility

200.00

(c) Operator

100.00

(d) Training facility

3,000.00

(2) The department shall establish and annually collect from each registrant the following renewal fees:

(a) Owner of facility

$ 500.00

(b) Manager of facility

150.00

(c) Operator

60.00

(d) Training facility

1,000.00

(3) The monies collected from such fees shall be used by the department for the purposes of implementing and enforcing the provisions of this Chapter.

Acts 1999, No. 393, §1; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.

^1^As appears in enrolled bill.

##### **§ 40:2833** Rules for minimum sanitary and safety standards {#sec-40-2833 omnilex-key=us-la-statutes--rs-title-40--40:2833}

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 establishing a written consent form that discloses the
health risks and permanence of each procedure. With respect to tattooing services,
the written consent shall prominently state whether the ink used is regulated by the
state or the United States Food and Drug Administration.

(7) Procedures for ensuring that consumers are adequately informed as to
sanitary care of their bodies after procedures are done.

B. The state health officer shall implement and enforce all rules adopted
pursuant to Subsection A of this Section.

*Acts 1999, No. 393, §1; Acts 2024, No. 365, §1.*

##### **§ 40:2834** Injunctive relief {#sec-40-2834 omnilex-key=us-la-statutes--rs-title-40--40:2834}

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.*

### **CHAPTER 34** LOUISIANA EMERGENCY RESPONSE NETWORK (LERN)

##### **§ 40:2841** Legislative purpose {#sec-40-2841 omnilex-key=us-la-statutes--rs-title-40--40:2841}

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.*

##### **§ 40:2842** Definitions {#sec-40-2842 omnilex-key=us-la-statutes--rs-title-40--40:2842}

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.*

##### **§ 40:2843** Louisiana Emergency Response Network; creation; domicile {#sec-40-2843 omnilex-key=us-la-statutes--rs-title-40--40:2843}

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.*

##### **§ 40:2844** Governing board; membership; appointment; terms; compensation; vacancies {#sec-40-2844 omnilex-key=us-la-statutes--rs-title-40--40:2844}

A. There is hereby established within the department the Louisiana Emergency
Response Network Board.

B. The network shall be governed by a board of twenty-nine members which shall
include:

(1) One cardiologist from nominees submitted by the Louisiana Chapter of the
American College of Cardiology.

(2) One member from nominees submitted by the Rural Hospital Coalition to
represent hospitals with fewer than sixty beds.

(3) One member from nominees submitted by the Louisiana Hospital Association
to represent hospitals with one hundred beds or more.

(4) One member from nominees submitted by the Louisiana Hospital Association
to represent a service district hospital.

(5) Two members from nominees submitted by the Louisiana Department of Health
which shall include a member from the office of behavioral health.

(6) One member from nominees submitted by the Governor's Office of Homeland
Security and Emergency Preparedness.

(7) Two members from nominees submitted by the Louisiana State Medical Society
which shall include a member specializing in pediatric surgery.

(8) One member from nominees submitted by the Louisiana Medical Association.

(9) One member from nominees submitted by the Committee on Trauma or
American College of Surgeons.

(10) One member from nominees submitted by the Louisiana American College of
Emergency Physicians.

(11) One member from nominees submitted by the Louisiana State University Health
Sciences Center at Shreveport.

(12) One member from nominees submitted by the Louisiana State University Health
Sciences Center at New Orleans.

(13) One member from nominees submitted by Tulane University Health Sciences
Center.

(14) One member from nominees submitted by the Louisiana State Coroners
Association.

(15) Two members from the Louisiana House of Representatives to be appointed by
the speaker of the House of Representatives.

(16) Two members from the Louisiana Senate to be appointed by the president of the
Senate.

(17) One member who is an EMS practitioner from a list of nominees submitted by
the Louisiana Association of Nationally Registered Emergency Medical Technicians
(LANREMT).

(18) One member of the Louisiana Rural Ambulance Alliance.

(19) One 911 member of the National Emergency Number Association.

(20) One member of the Louisiana Hospital Association to represent hospitals
providing rehabilitation services.

(21) One physician from nominees submitted by the American Stroke Association.

(22) One registered nurse practicing in emergency or critical care from nominees
submitted by the Louisiana State Board of Nursing.

(23) One medical director of an emergency medical services agency from nominees
submitted by the Louisiana Chapter of the National Association of EMS Physicians
(NAEMSP).

(24) One optometrist from nominees submitted by the Optometry Association of
Louisiana.

(25) One member who shall be a representative of a burn center that is verified by
the American Burn Association.

C. Except as provided in Paragraphs (B)(15) and (16) of this Section, members shall
be appointed by the governor from a list of qualified candidates nominated by the respective
organizations. Each organization shall submit a list of at least four nominees to the governor.

D. All members of the board shall serve terms of three years.

E. The chairman shall be elected by the board for a term to be determined by the
board and no member shall serve more than two consecutive terms as chairman.

F. Each appointment by the governor shall be subject to Senate confirmation.

G. Each board member shall serve without compensation. Legislators shall receive
the same per diem and travel reimbursement for attending meetings of the board as is
normally provided for members of the legislature. Nonlegislative board members may
receive reimbursement for expenses in accordance with the guidelines of the entity they
represent.

H. The board shall adopt rules and regulations to provide for the governance of the
board. Such rules and regulations shall include but not be limited to:

(1) Procedures for the election of board officers, including terms of office and
methods and grounds for removal.

(2) Procedures and grounds for the removal of any board member. Grounds for
removal shall include conviction of a felony or may include failure to meet board attendance
rules as provided by rule.

I. Procedures for filling a vacancy created by the removal, resignation, or death of
any board member prior to the end of the board member's term shall follow those used for
initial appointments.

J. The number of board members necessary to constitute a quorum for the transaction
of business shall never be less than one third of the entire membership of the board. A
majority vote of the board members constituting a quorum shall be necessary for any action
taken by the board.

*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 2006, No. 426, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 934, §1; Acts 2019, No. 434, §7, eff. June 30, 2019; Acts 2022, No. 123, §1.*

##### **§ 40:2845** Board; functions, powers, and duties {#sec-40-2845 omnilex-key=us-la-statutes--rs-title-40--40:2845}

A. The board shall:

(1) Establish and maintain a statewide trauma system that shall include a centralized
communication center for resource coordination of medical capabilities for participating
trauma centers, as defined by R.S. 40:2171; participating stroke and STEMI centers, as
defined by rule; and emergency medical services.

(2) Provide for implementation of a network and plan designed to achieve:

(a) A reduction of deaths and incidents of morbidity caused by trauma and time-sensitive illnesses.

(b) A reduction in the number and severity of disabilities caused by trauma, stroke,
and STEMI.

(c) Measures to demonstrate a return on investment for the LERN system.

(d) Implementation of regional injury prevention programs.

(3)(a) Establish and appoint nine regional commissions that correspond with the nine
administrative regions of the department. These regional commissions shall implement and
manage each regional component of the network. The board shall promulgate rules and
regulations to provide for the duties and responsibilities of the nine regional commissions.

(b) The membership of each commission shall consist of the following members
including but not limited to:

(i) A representative from the Governor's Office of Homeland Security and
Emergency Preparedness.

(ii) The Louisiana Department of Health, office of public health regional medical
director.

(iii) A representative of local ambulance services.

(iv) A representative of emergency medical response.

(v) A hospital chief executive officer or administrative representative from a hospital
with less than sixty beds.

(vi) A hospital chief executive officer or administrative representative from a
hospital with more than one hundred beds.

(vii) A hospital chief executive officer or an administrative representative from a
service district hospital.

(viii) A representative of the local component society of the Louisiana State Medical
Society.

(ix) A representative of the local chapter of the Louisiana Medical Association.

(x) A specialist from the American College of Emergency Physicians.

(xi) A specialist from the American College of Surgeons.

(xii) A representative from the Louisiana Chapter of the National Emergency
Number Association.

(4)(a) Enter into interagency agreements with the department, the Governor's Office
of Homeland Security and Emergency Preparedness, and such other entities, public or
private, as may be necessary to assure continuity of care during emergencies.

(b) Agreements between the board and these entities shall provide for the protocols
of mandatory data collection and shall include provisions regarding the specific data to be
shared among the entities, the individual or individuals allowed by each party to have access
to the other party's data, and the security arrangements between the parties to ensure the
protection of the data from unauthorized access that would threaten the privacy of individuals
and the confidentiality of the data.

(c) The parties shall not agree to share data pursuant to a specific agreement if any
law would otherwise prohibit the sharing of such data by the parties.

(d) The parties shall protect all individually identifiable health information to the
extent of their ability within the context of the mission of the Louisiana Emergency Response
Network.

(5) Hold regular quarterly meetings and special meetings as necessary for the
conduct of its business. Special meetings may be called upon forty-eight-hour notice by the
chairperson, or in his absence, upon the written authorization of a majority of the members
of the board.

(6)(a) Establish and maintain a statewide trauma registry to collect and analyze data
on the incidence, severity, and causes of trauma, including traumatic brain injury. The
registry shall be used to improve the availability and delivery of pre-hospital or
out-of-hospital care and hospital trauma care services.

(b) The board shall promulgate rules and regulations according to the Administrative
Procedure Act to do the following:

(i) Define specific data elements required to be furnished to the registry by every
healthcare facility certified by the department as a trauma center.

(ii) Define trauma data elements that all other healthcare facilities shall be required
to furnish to the registry.

(iii) Establish a process for submission, analysis, and reporting of registry data.

(c) Required reporting to the state trauma registry is contingent on LERN providing
adequate financial support through the Louisiana Emergency Response Network Fund to
cover administrative costs.

(7) Work with the department to develop stroke and ST segment elevation
myocardial infarction (STEMI) systems that are designed to promote rapid identification of,
and access to, appropriate stroke and STEMI resources statewide.

B. In addition to its function as provided in Subsection A of this Section, the board
shall have the following powers and duties:

(1) To enter into any contract related to its responsibilities in compliance with this
Chapter and other state laws.

(2) To employ an executive director and necessary staff to oversee the operations of
the network and to be responsible to the board for the administration and coordination of all
aspects of the network.

(3) To standardize and review performance indicators that evaluate the quality of
services delivered by the network and to ensure that improvement in the quality of services
delivered is accomplished and documented.

(4) Shall apply for all available appropriate public and all available appropriate
public* and private federal grants, donations, or gifts of money or services from any available
source.

C.(1) The board shall submit an annual written report to the Senate and House
committees on health and welfare at least thirty days prior to each regular session. The report
shall include a summary of the data relevant to the goals set forth in Paragraph (A)(2) of this
Section and all other information relevant to trauma, stroke, and STEMI patient care and its
delivery in Louisiana through the network.

(2) The board shall submit any additional reports or information to the secretary of
the department upon request of the secretary and the Senate and House committees on health
and welfare upon request of the chairman of either committee.

D.(1) The board may accept grants, donations, or gifts of money or services from
public or private organizations or from any other sources to be utilized for the purposes of
the board.

(2) There is hereby created in the state treasury, a special fund called the Louisiana
Emergency Response Network Fund. The source of monies deposited into the fund may be
any monies appropriated annually by the legislature, including federal funds, any public or
private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or
other business entities which may be made to the fund, and any other monies which may be
provided by law.

(3) Monies in the fund shall be invested in the same manner as monies in the state
general fund, and interest earned on investment of monies in the fund shall be credited to the
state general fund. Unexpended and unencumbered monies in the fund at the end of the
fiscal year shall remain in the fund.

E. Subject to any appropriation by the legislature, monies in the fund shall be used
as directed by the board solely to fund grants, projects, and services which will address the
goals and objectives of the board as authorized in this Chapter.

F. In addition to annual reports to the legislature, the board may publish documents
and materials intended to further the mission or purpose of the board.

Acts 2004, No. 248, §2, eff. June 15, 2004; Acts 2006, 1^st^ Ex. Sess., No. 35, §8, eff.
March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2010, No. 934, §1; Acts
2018, No. 206, §4; Acts 2022, No. 123, §1.

*As appears in enrolled bill.

##### **§ 40:2845.1** Public records exception {#sec-40-2845.1 omnilex-key=us-la-statutes--rs-title-40--40:2845.1}

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.*

##### **§ 40:2846** Rules and regulations; Louisiana Department of Health {#sec-40-2846 omnilex-key=us-la-statutes--rs-title-40--40:2846}

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.*

### **CHAPTER 35** FACILITIES PROVIDING HOUSING OR TEMPORARY RESIDENCE FOR INDIVIDUALS REFERRED BY JUDICIAL AGENCIES

##### **§ 40:2851** Short title {#sec-40-2851 omnilex-key=us-la-statutes--rs-title-40--40:2851}

This Chapter may be cited as the “Judicial Agency Referral Residential Facility Regulatory Act."

*Acts 2006, No. 660, §1, eff. June 29, 2006.*

##### **§ 40:2852** Facilities providing treatment, housing, or temporary residence to individuals referred by judicial agencies {#sec-40-2852 omnilex-key=us-la-statutes--rs-title-40--40:2852}

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.(1) 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.

(2) No facility shall provide treatment to any individual and no judicial agency shall
refer any individual to a facility providing treatment until the Louisiana Department of
Health 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 sheriff, sheriff's
department, or district court and officers thereof, including the district judge, the prosecutor,
and district attorneys. 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; Acts 2025, No. 328, §1.*

##### **§ 40:2853** Facilities providing housing or temporary residence to individuals referred by judicial agencies {#sec-40-2853 omnilex-key=us-la-statutes--rs-title-40--40:2853}

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.*

### **CHAPTER 36** REGULATION OF PHARMACY BENEFIT MANAGERS

##### **§ 40:2861** Legislative intent and public health policy {#sec-40-2861 omnilex-key=us-la-statutes--rs-title-40--40:2861}

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.*

##### **§ 40:2862** Short title {#sec-40-2862 omnilex-key=us-la-statutes--rs-title-40--40:2862}

This Chapter shall be known and may be cited as the "Pharmacy Benefit Manager
Licensing Law".

*Acts 2019, No. 124, §3, eff. July 1, 2020.*

##### **§ 40:2863** Definitions {#sec-40-2863 omnilex-key=us-la-statutes--rs-title-40--40:2863}

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.*

##### **§ 40:2864** Duties of pharmacy benefit managers {#sec-40-2864 omnilex-key=us-la-statutes--rs-title-40--40:2864}

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.*

##### **§ 40:2865** General licensing and permitting requirements {#sec-40-2865 omnilex-key=us-la-statutes--rs-title-40--40:2865}

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.*

##### **§ 40:2866** General applicability {#sec-40-2866 omnilex-key=us-la-statutes--rs-title-40--40:2866}

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.*

##### **§ 40:2867** Pharmacy benefit manager; regulation by commissioner of insurance; applicability of the Louisiana Insurance Code {#sec-40-2867 omnilex-key=us-la-statutes--rs-title-40--40:2867}

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.*

##### **§ 40:2868** Pharmacy benefit manager; regulation by Louisiana Board of Pharmacy; requirements for permitting {#sec-40-2868 omnilex-key=us-la-statutes--rs-title-40--40:2868}

A. A pharmacy benefit manager shall obtain and maintain a permit from the Board
of Pharmacy if the pharmacy benefit manager administers, develops, maintains, performs,
or provides one or more of the following pharmacy services in this state or that affects one
or more beneficiaries of a pharmacy benefit management plan administered by the pharmacy
benefit manager:

(1) Adjudication of appeals or grievances related to prescription drug coverage.

(2) Disease management programs. For purposes of this Subsection, "disease
management program" means a program adopted to guide and care for beneficiaries with
chronic health problems to improve the quality of health care provided to them and prevent
future need for medical resources by using an integrated comprehensive approach.

(3) Drug formularies. For purposes of this Subsection, "drug formulary" means a list
of prescription medications or pharmaceutical products developed and approved by each
health plan that may be dispensed to a beneficiary through participating pharmacies. A drug
formulary may also be referred to as a "preferred drug list", "prior authorization list", or
"pharmacopeia".

(4) Drug regimen reviews. For purposes of this Subsection, "drug regimen review"
means third-party review of all medications a beneficiary is currently using, whether
prescribed or over-the-counter, and administered by any method.

(5) Prescription drug management programs. For purposes of this Subsection,
"prescription drug management program" means a program developed and designed to
administer the prescription drug benefit as part of a health plan, and as part of such
administration a PBM may contract with pharmacies for implementation and dispensing
drugs in accordance with the program.

(6) Processing of prior authorization requests. For purposes of this Subsection,
"processing of prior authorization requests" means making a determination regarding
payment coverage based on an advance approval request submitted by a physician or other
healthcare provider before a specific procedure, service, device, supply, or medication is
delivered to the beneficiary.

(7) Quality care dosing services. For purposes of this Subsection, "quality care
dosing services" means electronically checking prescription medications before they are
filled at the pharmacy to ensure that the quantity and dosage is consistent with the
recommendations of the United States Food and Drug Administration and others.

(8) Step therapy procedures. For purposes of this Subsection, "step therapy
procedure" means protocols and policies that establish a specific sequence in which
prescription drugs for a medical condition are approved for coverage by a health plan for a
beneficiary which generally requires cheaper drugs to be used before more costly drugs. Step
therapy may also be referred to as "fail first" protocol.

(9) Utilization management and utilization reviews. For purposes of this Subsection,
"utilization management" and "utilization review" mean third-party review and approval of
appropriateness and necessity of care that a healthcare provider has indicated for a
beneficiary prior to delivery and coverage of such care.

(10) Any other act, service, operation, or transaction incidental to or forming a part
of the compounding, filling, dispensing, exchanging, giving, offering for sale, or selling
drugs, medicines, poisons, or devices in this state by pharmacists or pharmacies, pursuant to
a prescription or an order of physicians, dentists, veterinarians, or other licensed
practitioners, requiring, involving, or employing the science or art of any branch of the
pharmacy profession, study, or training.

B. Every pharmacy benefit manager permitted by the Board of Pharmacy shall abide
by the applicable provisions of the Louisiana Pharmacy Practice Act and the rules and
regulations of the Board of Pharmacy.

C.(1) A pharmacy benefit manager may file for a hearing conducted before an
independent third-party adjudicator with the division of administrative law upon notice from
the board that it intends to take adverse or disciplinary action against the pharmacy benefit
manager that may result in the suspension or termination of the pharmacy benefit manager's
permit. If the pharmacy benefit manager elects to file for a hearing with the division of
administrative law, the ruling of the administrative law judge shall be appealable by either
the pharmacy benefit manager or the board, whichever party does not prevail.

(2) Nothing in this Subsection shall be construed to prevent the pharmacy benefit
manager from proceeding with a hearing before the board as provided for in the
Administrative Procedure Act, nor shall anything in this Subsection be construed to prevent
the board from taking any other action provided for by law or rule that would not result in
suspension or termination of the pharmacy benefit manager's permit.

*Acts 2019, No. 124, §3, eff. July 1, 2020; Acts 2022, No. 536, §2.*

##### **§ 40:2869** Pharmacy benefit manager monitoring advisory council; membership; functions {#sec-40-2869 omnilex-key=us-la-statutes--rs-title-40--40:2869}

A. There is hereby created within the Department of Insurance a pharmacy benefit
manager monitoring advisory council, referred to hereafter in this Chapter as the "advisory
council", that shall consist of the following members:

(1) The commissioner of the Department of Insurance, or his designee from the
department.

(2) The attorney general, or her designee from the department.

(3) The secretary of the Louisiana Department of Health, or his designee from the
department.

(4) A pharmacist who works for a chain drug store appointed by the Louisiana
Alliance of Retail Pharmacies.

(5) An independent pharmacist appointed by the Louisiana Independent Pharmacies
Association.

(6) The president of the Pharmaceutical Research and Manufacturers of America, or
his designee.

(7) The president of the Louisiana Association of Health Plans, or his designee.

(8) An employee of a pharmacy benefit manager licensed by the Louisiana Board of
Pharmacy, selected by the Louisiana affiliate of the Pharmaceutical Care Management
Association from a list of interested and qualified individuals. The employee shall have
responsibility for and experience in daily administrative functions of the business practices
of the pharmacy benefit manager.

(9) The governor, or his designee from the office of the governor.

(10) The chairman of the House Committee on Insurance, or his designee who is a
member of the House of Representatives, who shall serve as vice chairman of the council.

(11) The chairman of the Senate Committee on Insurance, or his designee who is a
member of the Senate, who shall serve as the chairman of the council.

(12) The chairman of the House Committee on Health and Welfare, or his designee
who is a member of the House of Representatives.

(13) The chairman of the Senate Committee on Health and Welfare, or his designee
who is a member of the Senate.

B. The members of the advisory council shall serve at the pleasure of their respective
appointing authorities. Seven members shall constitute a quorum for the transaction of all
business. The chairman shall fix a time and place for regular meetings of the advisory
council, which shall meet at least quarterly. The advisory council shall establish policies and
procedures necessary to carry out its duties. Expenses for the administrative staffing of the
advisory council shall be provided for from the licensing fees paid by pharmacy benefit
managers and may be transferred between state agencies by memorandum of understanding
or cooperative endeavor agreement.

C. The commissioner of insurance and the Board of Pharmacy may utilize the full
advisory council or individual member agency expertise for the purpose of investigating a
complaint against a pharmacy benefit manager or conducting an audit of a pharmacy benefit
manager. In exercising the authority provided for in this Subsection, the same provisions of
confidentiality applicable to the Department of Insurance and Louisiana Board of Pharmacy
during an investigation shall apply to the advisory council or individual member agencies
whose expertise is being utilized. The advisory council may meet in executive session, as
necessary, to discuss matters involving an active investigation.

D. The advisory council shall provide monitoring of pharmacy benefit managers in
Louisiana to advise the legislature, commissioner of insurance, and Board of Pharmacy on
the most effective and efficient manner of regulation of pharmacy benefit managers to ensure
the protection of the public. Any licensed pharmacy benefit manager operating in the state
of Louisiana shall provide full cooperation with the advisory council on matters including
but not limited to those set forth in Subsection E of this Section.

E. The advisory council shall advise on matters including but not limited to the
licensure and regulation of pharmacy benefit managers set forth in this Title and Titles 22
and 37 of the Louisiana Revised Statutes of 1950, applicable rules and regulations of state
agencies, and federal laws or rules relative to pharmacy benefit managers.

F. The advisory council may conduct and its members may attend and participate in
a meeting via electronic means in accordance with R.S. 42:17.2.

*Acts 2019, No. 124, §3, eff. Aug. 1, 2019; Acts 2022, No. 723, §1, eff. June 18, 2022; Acts 2025, No. 474, §2, eff. June 20, 2025.*

##### **§ 40:2870** Prohibited acts; unfair and deceptive trade practices {#sec-40-2870 omnilex-key=us-la-statutes--rs-title-40--40:2870}

A. A pharmacy benefit manager in Louisiana shall not:

(1) Commit any unfair and deceptive trade practice prohibited by R.S. 22:1964(15).

(2) Perform any act that violates the duties, obligations, and responsibilities imposed
under the Louisiana Insurance Code on a pharmacy benefit manager.

(3) Buy, sell, transfer, or provide personal healthcare or contact information of any
beneficiary to any other party for any purpose with one exception. A pharmacy benefit
manager may provide such information regarding beneficiaries of a health plan to that health
plan provider if requested by the health plan provider.

(4) Conduct or participate in effective rate pricing or spread pricing.

(5)(a) Directly or indirectly engage in patient steering to a pharmacy in which the
pharmacy benefit manager maintains an ownership interest or control. Patient steering
includes but is not limited to any communication by a pharmacy benefit manager through
data mining or other similar process of any patient information generated or obtained
throughout the prescription filling process at any pharmacy, including contacting the patient
verbally or in writing to directly or indirectly influence the patient or provide the patient with
the option to use an alternate pharmacy that is a preferred carve-out or is in a strategic
relationship with the pharmacy benefit manager or in which the pharmacy benefit manager
maintains an ownership interest or control or contracts with to process prescriptions on its
behalf. A pharmacy benefit manager is prohibited from retaliation or attempts to influence
the patient to use the alternate pharmacy.

(b) Repealed by Acts 2025, No. 474, §4, eff. June 20, 2025.

(6)(a) Penalize a beneficiary or provide an inducement to the beneficiary for the
purpose of getting the beneficiary to use specific retail, mail order pharmacy, or another
network pharmacy provider in which a pharmacy benefit manager has an ownership or
controlling interest or that has an ownership or controlling interest in a pharmacy benefit
manager.

(b) For purposes of this Paragraph, "inducement" means the providing of financial
incentives, including variations in premiums, deductibles, copayments, or coinsurance.

(c) The provisions of this Paragraph shall not apply to employers, unions,
associations, or other persons who employ, own, operate, control, or contract directly with
a pharmacy or pharmacist for the purpose of managing or controlling prescription costs paid
for the benefit of an employee or member or those covered by the employee or member's
plan, or when the persons contract with a pharmacy benefit manager to steer employees or
members to pharmacists or pharmacies which the person owns, operates, or controls.

(7) Retroactively deny or reduce a claim of a pharmacist or pharmacy for payment
or demand repayment of all or part of a claim after the claim has been approved by the
pharmacy benefit manager as authorized by R.S. 22:1856.1.

(8) Reimburse a local pharmacist or local pharmacy, as defined in R.S.
46:460.36(A), less than the amount it reimburses chain pharmacies, mail-order pharmacies,
specialty pharmacies, or affiliates of the pharmacy benefit manager for the same drug or
device or for the same pharmacy service in this state.

(9) Fail to update prices as required by R.S. 22:1857.

(10)(a) Fail to honor maximum allowable cost (MAC) prices as set forth in R.S.
22:1863 et seq.

(b) A pharmacy benefit manager shall not require a pharmacist or pharmacy to
purchase drugs from any particular wholesaler. However, if a pharmacy benefit manager
recommends or provides a wholesaler, then that wholesaler must be willing and able to honor
the pharmacy benefit manager's MAC price, ship the order, and have receipt of the order
within two business days with no additional charge to the pharmacist.

(c) The wholesaler with the lowest price, which is listed as the MAC price, is not
obligated to sell or ship to a nonmember pharmacist or pharmacy. If the wholesaler chooses
not to sell the drug to the pharmacist or pharmacy, then the MAC price set by the pharmacy
benefit manager must be adjusted to the price available to the pharmacist or pharmacy
through another wholesaler.

(11) Fail to meet the payment standards established in R.S. 22:1856.

(12) Fail to provide detailed remittance advice to pharmacists and pharmacies in
compliance with R.S. 22:1856.

(13)(a) Fail to pay any state or local sales tax imposed on any drug, device, or
pharmacy services or to remit the sales tax to the appropriate pharmacist or pharmacy for the
tax proceeds to be forwarded to the sales tax authority.

(b) A pharmacy benefit manager who does not pay the sales tax shall be liable to the
taxing authority for the tax, interest, penalties, and any other fees or costs imposed by law
for failure to pay sales taxes.

(c) No pharmacy benefit manager shall deduct the taxes from any amount due to a
pharmacist or pharmacy for a drug, device, or pharmacy service or charge or pay anyone a
fee or surcharge for paying any sales tax or remitting any sales tax proceeds to a pharmacist
or pharmacy if that fee or surcharge would be imposed directly or indirectly on the
pharmacist or pharmacy.

(d) All pharmacy benefit managers who pay any out-of-state pharmacist or pharmacy
for drugs or devices shipped to a beneficiary in this state or for pharmacy services rendered
to a beneficiary which is taxable in this state shall remit the tax directly to the appropriate
taxing authority.

(e) Any pharmacist or pharmacy who does not receive sales tax proceeds from a
pharmacy benefit manager for any drug, device, or pharmacy service which is subject to sales
taxes shall have no responsibility for payment of the taxes if the pharmacist or pharmacy
provides written notification to the appropriate taxing authority, the Department of Insurance,
and the Board of Pharmacy of the pharmacy benefit manager's failure to remit the sales taxes
at the time the next sales tax return is due to be filed.

(f) State or local sales taxes and other applicable state-imposed taxes or fees shall
be considered as part of the allowable cost and shall be included in the claim submitted by
a pharmacist or pharmacy.

(14) Restrict early refills on maintenance drugs to an amount less than seven days
for a prescription of at least a thirty-day supply. However, at the direction of the Louisiana
Department of Health, for purposes of administering the Medicaid pharmacy benefit
program, a pharmacy benefit manager may apply a more restrictive early refill policy without
violating the provisions of this Paragraph.

(15) Require a beneficiary to follow a plan's step therapy protocol if the prescribed
drug is on the health plan's prescription drug formulary, the beneficiary has tried the step
therapy required prescription drug while under his current or previous health plan, and the
provider has submitted a justification and supporting clinical documentation that such
prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect,
or an adverse effect or event.

(16) Delay a decision on a request for authorization to dispense a prescription drug
for more than seventy-two hours, or twenty-four hours in exigent circumstances in which the
patient, in the opinion of the prescribing provider, pharmacy, or pharmacist submitting the
authorization request, is suffering from a health condition that may seriously jeopardize the
patient's life, health, or ability to regain maximum function. A request for authorization shall
include relevant data or appropriate documentation to render a decision on a request for
authorization.

(17) Exploit prescription drug information obtained from beneficiaries for monetary
gain or economic power over beneficiaries, pharmacists, or pharmacies.

(18) Sell, exchange, or use in any manner prescription drug information regarding
a beneficiary obtained through a beneficiary's use of a prescription for purposes of marketing,
solicitation, consumer steering, referral, or any other practice or act, except as otherwise
provided for in this Section, that provides the pharmacy benefit manager or any of its
affiliates or subsidiaries economic power or control over pharmacists or pharmacies or
interferes in the free choice of a beneficiary.

(19) Engage in drug repackaging and markups. A pharmacy benefit manager that
owns or controls a mail-order pharmacy shall not allow the mail-order pharmacy to
repackage drugs and sell the repackaged items at higher prices than the original average
wholesale price unless beneficiaries who may buy the repackaged drugs are informed in
writing that the drugs have been repackaged and are being sold at the higher price.

(20) Operate in Louisiana without either being registered with and in good standing
with the Louisiana secretary of state to do business in Louisiana or being licensed by and in
good standing with the commissioner of insurance, as provided by this Chapter.

B.(1) The commission of any of the acts or any combination of acts prohibited by
this Section shall be considered an unfair method of competition and unfair practice or act
in accordance with the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401
et seq., if the violations are committed or performed with such frequency as to indicate a
general business practice. Notwithstanding any provision of law to the contrary, the private
right of action created by R.S. 51:1409 shall not apply to this Section.

(2) For purposes of this Section, a violation shall be considered to have occurred
each time a prohibited act is committed.

(3) Each day that a pharmacy benefit manager operates without being registered with
and in good standing with the secretary of state to do business in Louisiana or without being
licensed by and in good standing with the commissioner of insurance, as provided by this
Chapter, shall be considered a separate violation.

C.(1) Nothing in this Section shall be construed to interfere with or violate a
consumer's right to know where the consumer may have access to the lowest cost drugs,
whether a consumer is utilizing insurance or other third-party reimbursement or not.

(2) Nothing in this Section shall be construed to interfere with the requirement that
consumers receive notice of changes to pharmacy networks, such as the inclusion of new
pharmacies or removal of existing pharmacies from networks.

*Acts 2019, No. 124, §3, eff. July 1, 2020; Acts 2025, No. 474, §§2, 4, eff. June 20, 2025.*

##### **§ 40:2871** Enforcement {#sec-40-2871 omnilex-key=us-la-statutes--rs-title-40--40:2871}

A. Notwithstanding any provision of law to the contrary, enforcement of the
Pharmacy Benefit Manager Licensing Law shall be conducted in accordance with the
following requirements:

(1)(a) The commissioner of insurance shall be responsible for investigation and
enforcement of the provisions of the Louisiana Insurance Code, the applicable provisions of
this Chapter, and any rules or regulations promulgated by the Department of Insurance
relative to pharmacy benefit managers. The commissioner shall refer any complaint he
believes to be outside of his jurisdiction to the Board of Pharmacy or the Louisiana
Department of Justice.

(b) The commissioner of insurance may suspend or revoke a pharmacy benefit
manager's permit, license, or registration in accordance with the Louisiana Insurance Code
and the rules and regulations promulgated by the Department of Insurance relative to
pharmacy benefit managers.

(2)(a) The Board of Pharmacy shall be responsible for investigation and enforcement
of the provisions of the Louisiana Pharmacy Practice Act, the applicable provisions of this
Chapter, and any rules or regulations promulgated by the Board of Pharmacy relative to
pharmacy benefit managers. The Board of Pharmacy shall refer any complaint it believes to
be outside of its jurisdiction to the Department of Insurance or the Louisiana Department of
Justice.

(b) Upon completion of a complaint investigation or compliance audit, and after
notice and an opportunity for an adjudicatory hearing held in accordance with the
Administrative Procedure Act, the Board of Pharmacy may suspend, revoke, or place on
probation a license, permit, or registration issued to the pharmacy benefit manager or any
entity in which the pharmacy benefit manager has an ownership or controlling interest, or
take any other action authorized by the Louisiana Pharmacy Practice Act or the rules and
regulations of the Board of Pharmacy.

B.(1) The commissioner of insurance and the Board of Pharmacy shall be responsible
for conducting random compliance audits, which may be desk audits based on data provided
by the pharmacy benefit manager, to ensure compliance with this Chapter.

(2) A pharmacy benefit manager doing business in Louisiana shall make itself open
and available to comply with compliance audit data requests.

C. On the first day of each month, the Board of Pharmacy shall submit to the attorney
general a report of complaints received against pharmacy benefit managers and the date that
each complaint was received during the prior calendar month in a format prescribed by the
attorney general. The report shall include a cumulative list of all complaints received against
pharmacy benefit managers until final disposition.

D. Nothing in this Section shall be construed as a limitation on the attorney general's
power to enforce the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et
seq., or to limit his authority in any way under that law, or as a limitation on the attorney
general's power to negotiate and enter into a stipulation with a pharmacy benefit manager.
Furthermore, nothing in this Section shall prohibit the Board of Pharmacy from referring a
complaint or audit finding to the Louisiana Department of Justice.

*Acts 2019, No. 124, §3, eff. July 1, 2020.*

### **CHAPTER 36-A** DEFENDING AFFORDABLE PRESCRIPTION DRUG COSTS

##### **§ 40:2881** Short title {#sec-40-2881 omnilex-key=us-la-statutes--rs-title-40--40:2881}

This Chapter may be cited as the "Defending Affordable Prescription Drug Costs
Act".

*Acts 2023, No. 358, §1.*

##### **§ 40:2882** Definitions {#sec-40-2882 omnilex-key=us-la-statutes--rs-title-40--40:2882}

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.*

##### **§ 40:2883** Prohibition of certain discriminatory actions related to reimbursement of 340B entities {#sec-40-2883 omnilex-key=us-la-statutes--rs-title-40--40:2883}

A.(1) With respect to reimbursement to a 340B entity for 340B drugs, a health
insurance issuer, pharmacy benefit manager, other third-party payor, or its agent shall not do
any of the following:

(a) Reimburse a 340B entity for 340B drugs at a rate lower than that paid for the
same drug to entities that are not 340B entities or lower reimbursement for a claim on the
basis that the claim is for a 340B drug.

(b) Impose any terms or conditions on any 340B entity with respect to any of the
following that differ from such terms or conditions applied to non-340B entities on the basis
that the entity participates in the federal 340B drug discount program set forth in 42 U.S.C.
256b or that a drug is a 340B drug including, without limitation, any of the following:

(i) Fees, charges, clawbacks, or other adjustments or assessments. For purposes of
this Subsection, the term "other adjustment" includes placing any additional requirements,
restrictions, or unnecessary burdens upon the 340B entity that results in administrative costs
or fees to the 340B entity that are not placed upon other entities that do not participate in the
340B drug discount program, including affiliate pharmacies of the health insurance issuer,
pharmacy benefit manager, or other third-party payor.

(ii) Dispensing fees that are less than the dispensing fees for non-340B entities.

(iii) Restrictions or requirements regarding participation in standard or preferred
pharmacy networks.

(iv) Requirements relating to the frequency or scope of audits of inventory
management systems.

(v) Requirements that a claim for a drug include any identification, billing modifier,
attestation, or other indication that a drug is a 340B drug in order to be processed or
resubmitted unless it is required by the Centers for Medicare and Medicaid Services or the
Louisiana Department of Health for the administration of the Louisiana Medicaid program.

(vi) Any other restrictions, conditions, practices, or policies that are not imposed on
non-340B entities.

(c) Require a 340B entity to reverse, resubmit, or clarify a claim after the initial
adjudication unless these actions are in the normal course of pharmacy business and not
related to 340B drug pricing.

(d) Discriminate against a 340B entity in a manner that prevents or interferes with
any patient's choice to receive such drugs from the 340B entity, including the administration
of such drugs. For purposes of this Subsection, it is considered a discriminatory practice that
prevents or interferes with a patient's choice to receive drugs at a 340B entity if a health
insurance issuer, pharmacy benefit manager, or other third-party payor places any additional
requirements, restrictions, or unnecessary burdens upon the 340B entity that results in
administrative costs or fees to the 340B entity, including but not limited to requiring a claim
for a drug to include any identification, billing modifier, attestation, or other indication that
a drug is a 340B drug in order to be processed or resubmitted unless it is required by the
Centers for Medicare and Medicaid Services or the Louisiana Department of Health in
administration of the Louisiana Medicaid program.

(e) Include any other provision in a contract between a health insurance issuer,
pharmacy benefit manager, or other third-party payor and a 340B entity that discriminates
against the 340B entity or prevents or interferes with an individual's choice to receive a
prescription drug from a 340B entity, including the administration of the drug, in person or
via direct delivery, mail, or other form of shipment, or creation of a restriction or additional
charge on a patient who chooses to receive drugs from a 340B entity.

(f) Require or compel the submission of ingredient costs or pricing data pertaining
to 340B drugs to any health insurance issuer, pharmacy benefit manager, or other third-party
payor.

(g) Exclude any 340B entity from the health insurance issuer, pharmacy benefit
manager, or other third-party payor network on the basis that the 340B entity dispenses drugs
subject to an agreement under 42 U.S.C. 256b, or refusing to contract with a 340B entity for
reasons other than those that apply equally to non-340B entities.

B. Nothing in this Chapter applies to the Louisiana Medicaid program as payor when
Medicaid provides reimbursement for covered outpatient drugs as defined in 42 U.S.C.
1396r-8(k)).

*Acts 2023, No. 358, §1.*

##### **§ 40:2884** Prohibition of certain discriminatory actions by a manufacturer or distributor related to 340B entities {#sec-40-2884 omnilex-key=us-la-statutes--rs-title-40--40:2884}

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.*

##### **§ 40:2885** Violations {#sec-40-2885 omnilex-key=us-la-statutes--rs-title-40--40:2885}

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.*

##### **§ 40:2886** Federal preemption {#sec-40-2886 omnilex-key=us-la-statutes--rs-title-40--40:2886}

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.*

### **CHAPTER 37** COLLECTION AND SUBMISSION OF DATA RELATED TO LAW ENFORCEMENT ACTIVITIES

##### **§ 40:2901** Short title {#sec-40-2901 omnilex-key=us-la-statutes--rs-title-40--40:2901}

This Chapter may be cited as the "Police Data Accountability, Transparency, and
Analysis Act" or the "Police DATA Act".

*Acts 2019, No. 165, §1.*

##### **§ 40:2902** Law Enforcement Data Task Force {#sec-40-2902 omnilex-key=us-la-statutes--rs-title-40--40:2902}

A. The Louisiana Legislature hereby creates the Law Enforcement Data Task Force
to study the collection and analysis of data regarding peace officer interaction with the
public.

B.(1) The membership of the task force shall be as follows:

(a)(i) One member shall be appointed by the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice.

(ii) This member shall not be a voting member.

(iii) This member shall serve as the task force president.

(b) One member shall be appointed by the Louisiana Association of Chiefs of Police.

(c) One member shall be appointed by the Louisiana Sheriffs' Association.

(d) One member shall be appointed by the Department of Public Safety and
Corrections, office of state police.

(e) One member shall be appointed by Pelican Institute for Public Policy.

(f) One member shall be appointed by Southern Poverty Law Center.

(g) One member shall be appointed by Public Affairs Research Council.

(h) One member shall be appointed by American Civil Liberties Union of Louisiana.

(i) One member shall be appointed by the Louisiana American Federation of Labor-Congress of Industrial Organizations (AFL-CIO).

(j) One member shall be appointed by the Louisiana Supreme Court.

(k) One member shall be appointed by Louisiana Survivors for Reform.

(l) One member shall be appointed by the Louisiana District Attorneys Association.

(m) One member shall be appointed by the Louisiana Judicial Council.

(n) One member shall be appointed by the Council on Peace Officer Standards and
Training.

(o) One member shall be appointed by Sexual Trauma Awareness and Response
(STAR).

(p) One member shall be appointed by the Integrated Criminal Justice Information
System Policy Board (ICJIS).

C. The task force meetings shall be subject to the Open Meetings Law.

D. A majority of the members of the task force shall constitute a quorum. A quorum
shall be present to transact any business. The task force shall not create any subcommittees,
but shall handle all matters before the task force.

E. The task force shall meet at least quarterly for one year, and the initial meeting
shall be no later than November 30, 2019. Dates and times for all remaining task force
meetings shall be agreed upon by all appointed members of the task force.

F. The task force shall discuss and report on the following topics with respect to the
collection of data and information by law enforcement agencies:

(1) Current methods of data collection in the state of Louisiana.

(2) Current methods of data collection outside the state of Louisiana.

(3) Current methods of reporting data outside the state of Louisiana.

(4) Methods of utilizing data collection and reporting to improve public safety,
community engagement, and public confidence in law enforcement.

(5) The manner in which rural and small law enforcement agencies currently comply
with data collection requirements in other states.

(6) Recommendations on the expansion of data collection and reporting.

(7) Possible methods of transmitting collected data by law enforcement agencies for
aggregated presentation.

(8) A cost analysis for the collection of extensive data, including but not limited to
the following:

(a) Traffic stops.

(b) Pedestrian stops.

(c) Clearance rates.

(d) Execution of no-knock warrants.

(e) Use of special weapons and tactics teams.

(f) Use of force.

(9) Current policies against racial profiling utilized by individual law enforcement
agencies in the state. The task force shall review the policies of each law enforcement
agency to determine whether the agency is excepted from the reporting requirements as
provided in R.S. 32:398.10(E).

G. The task force shall accept written or in-person testimony regarding all matters
it considers and shall include all relevant public testimony in its final report required by
Subsection H of this Section.

H. The task force shall submit a written report to the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice, the House Committee on Judiciary, the
Senate Committee on Judiciary B, and the Council on Peace Officers Standards and Training
by January thirty-first of each calendar year. The initial report shall be submitted by the task
force on January 31, 2021.

*Acts 2019, No. 165, §1.*