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La. Rev. Stat. § 40:1086.1 Definitions
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§1086.1. Definitions 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 …
La. Rev. Stat. § 40:1086.11 Physician notification
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§1086.11. Physician notification 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., …
La. Rev. Stat. § 40:1086.12 Neonatal opiate withdrawal syndrome pilot project
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§1086.12. Neonatal opiate withdrawal syndrome pilot project 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…
La. Rev. Stat. § 40:1086.2 Legislative findings; declaration
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§1086.2. Legislative findings; declaration 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 resp…
La. Rev. Stat. § 40:1086.21 Cytomegalovirus; point of care testing; reporting
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§1086.21. Cytomegalovirus; point of care testing; reporting 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 provi…
La. Rev. Stat. § 40:1086.3 Information for parents of newborns; birthing center requirements
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§1086.3. Information for parents of newborns; birthing center requirements 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 …
La. Rev. Stat. § 40:1086.4 Public awareness activities authorized
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§1086.4. Public awareness activities authorized 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 …
La. Rev. Stat. § 40:1087.1 Comprehensive sports injury management program for student athletics
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§1087.1. Comprehensive sports injury management program for student athletics 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 …
La. Rev. Stat. § 40:1089.1 Legislative intent
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§1089.1. Legislative intent 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…
La. Rev. Stat. § 40:1089.2 Definitions
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§1089.2. Definitions 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 eva…
La. Rev. Stat. § 40:1089.3 Louisiana youth athlete concussion education requirements
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§1089.3. Louisiana youth athlete concussion education requirements 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…
La. Rev. Stat. § 40:1089.4 Removal from and return to play
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§1089.4. Removal from and return to play 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…
La. Rev. Stat. § 40:1089.5 Concussion information
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§1089.5. Concussion information 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 athleti…
La. Rev. Stat. § 40:1091 Autism spectrum disorder; screening of children
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§1091. Autism spectrum disorder; screening of children 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 Pedia…
La. Rev. Stat. § 40:1098.1 Definitions
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§1098.1. Definitions 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 natura…
La. Rev. Stat. § 40:1098.2 Healthcare professionals; restrictions
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§1098.2. Healthcare professionals; restrictions 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 inconsis…
La. Rev. Stat. § 40:1098.3 Healthcare professionals; disciplinary actions
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§1098.3. Healthcare professionals; disciplinary actions 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 an…
La. Rev. Stat. § 40:1098.4 Minors' lack of consent
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§1098.4. Minors' lack of consent 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 s…
La. Rev. Stat. § 40:1098.5 Civil actions; remedies
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§1098.5. Civil actions; remedies 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 hav…
La. Rev. Stat. § 40:1098.6 Attorney general; injunctive or declaratory relief
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§1098.6. Attorney general; injunctive or declaratory relief 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 reme…
La. Rev. Stat. § 40:11 Distribution of funds to parish health units or departments
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§11. Distribution of funds to parish health units or departments 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 oth…
La. Rev. Stat. § 40:1101 Short title
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§1101. Short title 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 …
La. Rev. Stat. § 40:1101.1 Legislative intent
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§1101.1. Legislative intent 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 whi…
La. Rev. Stat. § 40:1101.2 Definitions
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§1101.2. Definitions 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 ser…
La. Rev. Stat. § 40:1101.3 Disclosure; content
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§1101.3. Disclosure; content 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 disclo…
La. Rev. Stat. § 40:1101.4 Rules
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§1101.4. Rules 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.
La. Rev. Stat. § 40:1103.1 Short title
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§1103.1. Short title 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…
La. Rev. Stat. § 40:1103.2 Definitions
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§1103.2. Definitions 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.
La. Rev. Stat. § 40:1103.3 Standard written summary of breast cancer alternatives
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§1103.3. Standard written summary of breast cancer alternatives 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, disadv…
La. Rev. Stat. § 40:1103.4 Requirement of notification; recordation
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§1103.4. Requirement of notification; recordation 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 treatmen…
La. Rev. Stat. § 40:1103.5 Information and access to breast reconstructive surgery
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§1103.5. Information and access to breast reconstructive surgery 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 in…
La. Rev. Stat. § 40:1104 Uterine Fibroids Commission
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§1104. Uterine Fibroids Commission 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 Loui…
La. Rev. Stat. § 40:1105.1 Definitions
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§1105.1. Definitions 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) "Off…
La. Rev. Stat. § 40:1105.10 Annual cancer report
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§1105.10. Annual cancer report 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…
La. Rev. Stat. § 40:1105.12 Louisiana Advisory Committee on Populations and Geographic Regions With
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§1105.12. Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates; creation; membership; duties A. The Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates is hereby created and shall be composed of …
La. Rev. Stat. § 40:1105.13 Breast Cancer Control Program
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§1105.13. Breast Cancer Control Program 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…
La. Rev. Stat. § 40:1105.2 Cancer registry program; data; statewide
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§1105.2. Cancer registry program; data; statewide 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 o…
La. Rev. Stat. § 40:1105.3 Powers; duties
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§1105.3. Powers; duties 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 regulation…
La. Rev. Stat. § 40:1105.4 Authority
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§1105.4. Authority 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 Can…
La. Rev. Stat. § 40:1105.5 Participation in program
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§1105.5. Participation in program 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, i…
La. Rev. Stat. § 40:1105.6 Reports; liability for
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§1105.6. Reports; liability for 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 …
La. Rev. Stat. § 40:1105.7 Advisory functions
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§1105.7. Advisory functions 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 sh…
La. Rev. Stat. § 40:1105.8 Disclosure of medical records to cancer registries
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§1105.8. Disclosure of medical records to cancer registries 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 pati…
La. Rev. Stat. § 40:1105.8.1 Louisiana Tumor Registry; research committee; disclosure of registry data
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§1105.8.1. Louisiana Tumor Registry; research committee; disclosure of registry data 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, …
La. Rev. Stat. § 40:1105.8.2 Cancer data; electronic notifications and reports
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§1105.8.2. Cancer data; electronic notifications and reports 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…
La. Rev. Stat. § 40:1105.9 Louisiana Cancer Advisory Board
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§1105.9. Louisiana Cancer Advisory Board 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 r…
La. Rev. Stat. § 40:1107.1 Purpose
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§1107.1. Purpose 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 e…
La. Rev. Stat. § 40:1107.2 Programs for individuals with cystic fibrosis who are twenty-one years of age or
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§1107.2. Programs for individuals with cystic fibrosis who are twenty-one years of age or older 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 se…
La. Rev. Stat. § 40:1107.3 Funds
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§1107.3. 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 1983, No. 498, §1; Redesignated from R.S. 40:1299.120 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1109.1 Definitions
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§1109.1. Definitions 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 chrom…
