Title 40, Public Health and Safety

0 chapters · 3,334 sections in this title.

3,334 sectionsFiltered byTitle 40

La. Rev. Stat. § 40:1061.11 Drugs or chemicals used; penalties
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§1061.11. Drugs or chemicals used; penalties 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 i…
La. Rev. Stat. § 40:1061.11.1 Chemically induced abortion; required disclosure
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§1061.11.1. Chemically induced abortion; required disclosure 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…
La. Rev. Stat. § 40:1061.12 Born-Alive Infant Protection Act
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§1061.12. Born-Alive Infant Protection Act 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 considere…
La. Rev. Stat. § 40:1061.13 Abortion after viability; second attendant physician required; duties
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§1061.13. Abortion after viability; second attendant physician required; duties 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 h…
La. Rev. Stat. § 40:1061.14 Minors
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§1061.14. Minors 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…
La. Rev. Stat. § 40:1061.14.1 Fraudulent interference with parental consent
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§1061.14.1. Fraudulent interference with parental consent 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…
La. Rev. Stat. § 40:1061.15 Prevention of forced abortion; signage in abortion facilities
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§1061.15. Prevention of forced abortion; signage in abortion facilities 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 loc…
La. Rev. Stat. § 40:1061.16 Information on psychological impacts, illegal coercion, abuse, and human
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§1061.16. Information on psychological impacts, illegal coercion, abuse, and human trafficking required prior to abortion; task force on information resources A. The legislature hereby declares that women of this state have a right to know that undergoing an abortion may have ser…
La. Rev. Stat. § 40:1061.17 Woman's right to know
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§1061.17. Woman's right to know 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…
La. Rev. Stat. § 40:1061.17.1 Development of AdoptionOption.La.Gov website; task force
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§1061.17.1. Development of AdoptionOption.La.Gov website; task force 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 i…
La. Rev. Stat. § 40:1061.18 Abortion sought due to rape or certain acts of crime against nature; reporting and
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§1061.18. Abortion sought due to rape or certain acts of crime against nature; reporting and certification 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…
La. Rev. Stat. § 40:1061.19 Records
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§1061.19. Records 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 …
La. Rev. Stat. § 40:1061.2 Discrimination against certain persons; prohibition
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§1061.2. Discrimination against certain persons; prohibition 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 re…
La. Rev. Stat. § 40:1061.20 Conscience in health care protection; definitions
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§1061.20. Conscience in health care protection; definitions 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 comprom…
La. Rev. Stat. § 40:1061.21 Reports
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§1061.21. Reports 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) Pat…
La. Rev. Stat. § 40:1061.22 Forms
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§1061.22. Forms 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…
La. Rev. Stat. § 40:1061.23 Emergency
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§1061.23. Emergency 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…
La. Rev. Stat. § 40:1061.24 Experimentation
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§1061.24. Experimentation 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. 40:106…
La. Rev. Stat. § 40:1061.25 Remains; disposal in accordance with applicable regulations; post-abortion
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§1061.25. Remains; disposal in accordance with applicable regulations; post-abortion harvesting of fetal organs prohibited; penalties 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 disp…
La. Rev. Stat. § 40:1061.26 Instructions to be provided subsequent to abortion
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§1061.26. Instructions to be provided subsequent to abortion 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 patie…
La. Rev. Stat. § 40:1061.27 Repealed by Acts 2022, No
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§1061.27. Repealed by Acts 2022, No. 545, §4.
La. Rev. Stat. § 40:1061.28 Partial birth abortion; civil action against abortionist
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§1061.28. Partial birth abortion; civil action against abortionist 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. Repe…
La. Rev. Stat. § 40:1061.29 Penalties
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§1061.29. Penalties 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…
La. Rev. Stat. § 40:1061.3 Discrimination against hospitals, clinics, etc.; prohibition
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§1061.3. Discrimination against hospitals, clinics, etc.; prohibition 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 accomm…
La. Rev. Stat. § 40:1061.30 Suspension or revocation of license; grounds; action to close outpatient abortion
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§1061.30. Suspension or revocation of license; grounds; action to close outpatient abortion clinic 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 suspe…
La. Rev. Stat. § 40:1061.31 Compatible with Love Empowerment Act
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§1061.31. Compatible with Love Empowerment Act 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 in…
La. Rev. Stat. § 40:1061.4 Governmental assistance; discrimination for refusal to participate in an abortion;
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§1061.4. Governmental assistance; discrimination for refusal to participate in an abortion; prohibition 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 o…
La. Rev. Stat. § 40:1061.5 Employees of state and political subdivisions; counseling abortion prohibited
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§1061.5. Employees of state and political subdivisions; counseling abortion prohibited 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 …
La. Rev. Stat. § 40:1061.6 Use of public funds
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§1061.6. Use of public funds 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…
La. Rev. Stat. § 40:1061.7 Instruction in elementary and secondary schools by abortion providers; prohibition
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§1061.7. Instruction in elementary and secondary schools by abortion providers; prohibition 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 t…
La. Rev. Stat. § 40:1061.8 Redesignated as R.S
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§1061.8. Redesignated as R.S. 40:1061.1 by Acts 2022, No. 545, §6B.
La. Rev. Stat. § 40:1061.9 Redesignated as R.S
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§1061.9. Redesignated as R.S. 40:1061.1.1 by Acts 2022, No. 545, §6B.
La. Rev. Stat. § 40:1062 Redesignated to R.S
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§1062. Redesignated to R.S. 40:1121.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1062.1 Redesignated to R.S
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§1062.1. Redesignated to R.S. 40:1121.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1063 Redesignated to R.S
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§1063. Redesignated to R.S. 40:1121.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1064 Redesignated to R.S
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§1064. Redesignated to R.S. 40:1121.5 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1064.1 Redesignated to R.S
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§1064.1. Redesignated to R.S. 40:1121.6 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1065 Redesignated to R.S
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§1065. Redesignated to R.S. 40:1121.7 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1065.1 Redesignated to R.S
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§1065.1. Redesignated to R.S. 40:1121.8 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1066 Redesignated to R.S
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§1066. Redesignated to R.S. 40:1121.9 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1067 Redesignated to R.S
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§1067. Redesignated to R.S. 40:1121.10 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1068 Redesignated to R.S
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§1068. Redesignated to R.S. 40:1121.11 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1071 Statement of purpose
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§1071. Statement of purpose 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 provisio…
La. Rev. Stat. § 40:1071.1 Definitions
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§1071.1. Definitions 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, handica…
La. Rev. Stat. § 40:1071.2 Program for combating spinal cord disabilities; establishment
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§1071.2. Program for combating spinal cord disabilities; establishment 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 effe…
La. Rev. Stat. § 40:1071.3 Program functions and responsibilities
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§1071.3. Program functions and responsibilities 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.…
La. Rev. Stat. § 40:1071.4 Multidisciplinary teams; establishment; personnel
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§1071.4. Multidisciplinary teams; establishment; personnel 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 sh…
La. Rev. Stat. § 40:1071.5 Funds
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§1071.5. Funds 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.
La. Rev. Stat. § 40:1071.6 Obesity; criteria for classification as a disease
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§1071.6. Obesity; criteria for classification as a disease The state health officer shall classify obesity as a disease in all cases where the person's body mass index (BMI) is 30 kg/m2, or where a person's body mass index (BMI) is 27 kg/m2 or greater and the person suffers from …
La. Rev. Stat. § 40:1073.1 Definitions
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§1073.1. Definitions 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 …