Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:2019 Child death investigation
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§2019. Child death investigation 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 he…
La. Rev. Stat. § 40:2020 Review of deaths of persons served by the Louisiana Department of Health
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§2020. Review of deaths of persons served by the Louisiana Department of Health 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 d…
La. Rev. Stat. § 40:2021 Health care information
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§2021. Health care information 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 inf…
La. Rev. Stat. § 40:2022 Pertussis; offer of vaccine required; exceptions
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§2022. Pertussis; offer of vaccine required; exceptions 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 o…
La. Rev. Stat. § 40:2023 Availability of immunizations recommended by the Centers for Disease Control and Prevention
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§2023. Availability of immunizations recommended by the Centers for Disease Control and Prevention 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 followi…
La. Rev. Stat. § 40:2024 Violence prevention
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§2024. Violence prevention 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 re…
La. Rev. Stat. § 40:2024.1 Title
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§2024.1. Title This Part shall be known and cited as the "Louisiana Domestic Abuse Fatality Review Panel Law". Acts 2021, No. 320, §2, See Act.
La. Rev. Stat. § 40:2024.2 Definitions
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§2024.2. Definitions 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 b…
La. Rev. Stat. § 40:2024.3 Louisiana Domestic Abuse Fatality Review Panel; membership; chairman; proxies
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§2024.3. Louisiana Domestic Abuse Fatality Review Panel; membership; chairman; proxies 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 ref…
La. Rev. Stat. § 40:2024.4 Functions; duties of the review panel
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§2024.4. Functions; duties of the review panel 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 dec…
La. Rev. Stat. § 40:2024.5 Records; confidentiality; prohibited disclosure and discovery
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§2024.5. Records; confidentiality; prohibited disclosure and discovery 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…
La. Rev. Stat. § 40:2024.6 Reporting to the legislature; requirements
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§2024.6. Reporting to the legislature; requirements 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 identifyin…
La. Rev. Stat. § 40:2024.7 Financial and human resources obligations
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§2024.7. Financial and human resources obligations 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, N…
La. Rev. Stat. § 40:2025.1 Legislative findings
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§2025.1. Legislative findings 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 in…
La. Rev. Stat. § 40:2025.2 Definitions
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§2025.2. Definitions 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 multidisciplinar…
La. Rev. Stat. § 40:2025.3 Local overdose fatality review panels; membership
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§2025.3. Local overdose fatality review panels; membership 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…
La. Rev. Stat. § 40:2025.4 Functions; duties of the review panel
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§2025.4. Functions; duties of the review panel 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 overdos…
La. Rev. Stat. § 40:2025.5 Access to information; confidentiality
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§2025.5. Access to information; confidentiality 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 authori…
La. Rev. Stat. § 40:2025.6 Reporting requirements
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§2025.6. Reporting requirements 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 …
La. Rev. Stat. § 40:21 Establishment of health district; district health officer
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§21. Establishment of health district; district health officer 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 he…
La. Rev. Stat. § 40:2100 Short title
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§2100. Short title 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.
La. Rev. Stat. § 40:2101 Purpose
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§2101. Purpose 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…
La. Rev. Stat. § 40:2102 Definitions
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§2102. Definitions 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…
La. Rev. Stat. § 40:2103 Date licenses must be obtained; moratorium on licensure of long-term
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§2103. Date licenses must be obtained; moratorium on licensure of long-term care hospitals and beds 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…
La. Rev. Stat. § 40:2104 Application
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§2104. Application 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, …
La. Rev. Stat. § 40:2105 Procedure and investigation relative to issuance of license
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§2105. Procedure and investigation relative to issuance of license 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…
La. Rev. Stat. § 40:2106 Confidential nature of financial information and financial records
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§2106. Confidential nature of financial information and financial records 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…
La. Rev. Stat. § 40:2107 Fees and limitations
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§2107. Fees and limitations 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 per…
La. Rev. Stat. § 40:2108 Repealed by Acts 2022, No
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§2108. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2109 Rules, regulations, and minimum standards
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§2109. Rules, regulations, and minimum standards 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 …
La. Rev. Stat. § 40:2109.1 Hospital reports on complications of surgical procedures resulting from an
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§2109.1. Hospital reports on complications of surgical procedures resulting from an abortion 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 departme…
La. Rev. Stat. § 40:2109.2 Hospitals; passenger elevators equipped with telephone or intercom
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§2109.2. Hospitals; passenger elevators equipped with telephone or intercom 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 equi…
La. Rev. Stat. § 40:2109.3 Pediatric advanced life support training for nurses
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§2109.3. Pediatric advanced life support training for nurses 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 a…
La. Rev. Stat. § 40:2110 Denial, suspension or revocation of license; appeal
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§2110. Denial, suspension or revocation of license; appeal 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, regula…
La. Rev. Stat. § 40:2111 Penalty for violation specified
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§2111. Penalty for violation specified 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 m…
La. Rev. Stat. § 40:2112 Enforcement by injunction authorized
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§2112. Enforcement by injunction authorized 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 restra…
La. Rev. Stat. § 40:2113 Charges for hospitalization and drugs
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§2113. Charges for hospitalization and drugs 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 in…
La. Rev. Stat. § 40:2113.1 Repealed by Acts 2014, No
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§2113.1. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
La. Rev. Stat. § 40:2113.2 Rules, regulations, and contracts
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§2113.2. Rules, regulations, and contracts 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 gover…
La. Rev. Stat. § 40:2113.3 Hospital improvement fund
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§2113.3. Hospital improvement fund 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…
La. Rev. Stat. § 40:2113.4 Duty to provide services; penalty
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§2113.4. Duty to provide services; penalty 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…
La. Rev. Stat. § 40:2113.5 Services to persons who are elderly and persons with disabilities
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§2113.5. Services to persons who are elderly and persons with disabilities 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 b…
La. Rev. Stat. § 40:2113.6 Emergency diagnoses and services; denial for inability to pay;
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§2113.6. Emergency diagnoses and services; denial for inability to pay; discriminatory practices 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 pe…
La. Rev. Stat. § 40:2114 Organization of medical and dental staff
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§2114. Organization of medical and dental staff 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 Louis…
La. Rev. Stat. § 40:2115 Smoking in hospitals; prohibition; exceptions
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§2115. Smoking in hospitals; prohibition; exceptions 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 patien…
La. Rev. Stat. § 40:2115.1 Review of standards for licensed psychiatric hospitals and residential
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§2115.1. Review of standards for licensed psychiatric hospitals and residential substance abuse facilities A. The legislature hereby declares that promoting efficiency and productivity of psychiatric hospitals and residential substance abuse facilities within the healthcare syste…
La. Rev. Stat. § 40:2115.11 Requirement for approval of hospital acquisitions
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§2115.11. Requirement for approval of hospital acquisitions 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…
La. Rev. Stat. § 40:2115.12 Definitions
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§2115.12. Definitions 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…
La. Rev. Stat. § 40:2115.13 Application to acquire a hospital
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§2115.13. Application to acquire a hospital 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 Subp…
La. Rev. Stat. § 40:2115.14 Review of application; notice
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§2115.14. Review of application; notice 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 n…