Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:1073.2 Velocardiofacial syndrome and 22q11.2 deletion syndrome; dissemination of
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§1073.2. Velocardiofacial syndrome and 22q11.2 deletion syndrome; dissemination of information; rulemaking authority; costs A. The department shall make available materials regarding velocardiofacial syndrome and 22q11.2 deletion syndrome to each early intervention services provi…
La. Rev. Stat. § 40:1075.1 Short title
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§1075.1. Short title 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.
La. Rev. Stat. § 40:1075.2 Legislative intent
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§1075.2. Legislative intent 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 thes…
La. Rev. Stat. § 40:1075.3 Definitions
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§1075.3. Definitions 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, admi…
La. Rev. Stat. § 40:1075.4 Emergency Medical Services for Children Program; establishment; administration;
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§1075.4. Emergency Medical Services for Children Program; establishment; administration; functions 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 E…
La. Rev. Stat. § 40:1075.5 Implementation; rules and regulations
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§1075.5. Implementation; rules and regulations 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.
La. Rev. Stat. § 40:1075.6 Costs
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§1075.6. Costs 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.
La. Rev. Stat. § 40:1077.1 Definitions
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§1077.1. Definitions 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 …
La. Rev. Stat. § 40:1077.2 Reimbursement
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§1077.2. Reimbursement 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 furni…
La. Rev. Stat. § 40:1077.3 Rules and regulations
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§1077.3. Rules and regulations 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…
La. Rev. Stat. § 40:1079.1 Medical treatment
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§1079.1. Medical treatment 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 wh…
La. Rev. Stat. § 40:1079.11 Statement of purpose
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§1079.11. Statement of purpose 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…
La. Rev. Stat. § 40:1079.12 Definitions
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§1079.12. Definitions 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 …
La. Rev. Stat. § 40:1079.13 Consent requirements
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§1079.13. Consent requirements 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 permissi…
La. Rev. Stat. § 40:1079.14 Facility requirements
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§1079.14. Facility requirements 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 conse…
La. Rev. Stat. § 40:1079.15 Parental involvement in counseling
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§1079.15. Parental involvement in counseling 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 involve…
La. Rev. Stat. § 40:1079.16 Limitation of liability
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§1079.16. Limitation of liability 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 t…
La. Rev. Stat. § 40:1079.17 Authorized resources
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§1079.17. Authorized resources 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 o…
La. Rev. Stat. § 40:1079.18 Confidentiality
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§1079.18. Confidentiality 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. N…
La. Rev. Stat. § 40:1079.2 Treatment for drug abuse
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§1079.2. Treatment for drug abuse 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 mino…
La. Rev. Stat. § 40:1079.3 Donation of blood
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§1079.3. Donation of blood 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: …
La. Rev. Stat. § 40:1081.1 Programs for combating phenylketonuria, congenital hypothyroidism,
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§1081.1. Programs for combating phenylketonuria, congenital hypothyroidism, galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions A. The Louisiana Department of Health is hereby authorized and directed to establish, maintain, and carry out progr…
La. Rev. Stat. § 40:1081.10 Privacy of genetic information
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§1081.10. Privacy of genetic information 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 result…
La. Rev. Stat. § 40:1081.11 Krabbe disease; public information
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§1081.11. Krabbe disease; public information 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 follow…
La. Rev. Stat. § 40:1081.12 Medicaid coverage; genetic testing of critically ill infants
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§1081.12. Medicaid coverage; genetic testing of critically ill infants 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 tes…
La. Rev. Stat. § 40:1081.13 13 eff
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§1081.13 eff. upon an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 367 of the 2025 Regular Session becomes effective. See Acts 2025, No. 367. §1081.13. Medicaid coverage; amino acid-based elemental formulas A. The Lo…
La. Rev. Stat. § 40:1081.2 Tests
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§1081.2. Tests 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 cond…
La. Rev. Stat. § 40:1081.3 Cooperation with the Louisiana Department of Health
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§1081.3. Cooperation with the Louisiana Department of Health 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 Louisi…
La. Rev. Stat. § 40:1081.4 Cooperation of physicians and hospitals
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§1081.4. Cooperation of physicians and hospitals 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 author…
La. Rev. Stat. § 40:1081.5 Redesignated as R.S
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§1081.5. Redesignated as R.S. 40:1125.31 by Acts 2022, No. 647, §4C.
La. Rev. Stat. § 40:1081.6 Redesignated as R.S
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§1081.6. Redesignated as R.S. 40:1125.32 by Acts 2022, No. 647, §4C.
La. Rev. Stat. § 40:1081.7 Redesignated as R.S
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§1081.7. Redesignated as R.S. 40:1125.33 by Acts 2022, No. 647, §4C.
La. Rev. Stat. § 40:1081.8 Redesignated as R.S
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§1081.8. Redesignated as R.S. 40:1125.21 by Acts 2022, No. 647, §4B.
La. Rev. Stat. § 40:1081.9 Hemophilia; state treatment program; advisory committee
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§1081.9. Hemophilia; state treatment program; advisory committee 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…
La. Rev. Stat. § 40:1083.1 Definitions
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§1083.1. Definitions 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 …
La. Rev. Stat. § 40:1083.2 Legislative intent
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§1083.2. Legislative intent 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 mortali…
La. Rev. Stat. § 40:1083.3 Critical congenital heart disease screening
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§1083.3. Critical congenital heart disease screening 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 …
La. Rev. Stat. § 40:1085.1 Ophthalmia neonatorum defined
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§1085.1. Ophthalmia neonatorum defined 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 k…
La. Rev. Stat. § 40:1085.2 Duty to report disease to local health officer
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§1085.2. Duty to report disease to local health officer 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 …
La. Rev. Stat. § 40:1085.3 Use of prophylactic directed by department
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§1085.3. Use of prophylactic directed by department 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…
La. Rev. Stat. § 40:1085.4 Duties of health officer
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§1085.4. Duties of health officer 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…
La. Rev. Stat. § 40:1085.5 Duties of the Louisiana Department of Health
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§1085.5. Duties of the Louisiana Department of Health 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 …
La. Rev. Stat. § 40:1085.6 Duties of maternity homes and hospitals to keep records
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§1085.6. Duties of maternity homes and hospitals to keep records 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, 197…
La. Rev. Stat. § 40:1085.7 Collusion to hide facts prohibited
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§1085.7. Collusion to hide facts prohibited 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. …
La. Rev. Stat. § 40:1085.8 Penalty; revocation of charter
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§1085.8. Penalty; revocation of charter 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…
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…