Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:2825 Use of Drinking Water Revolving Loan Fund
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§2825. Use of Drinking Water Revolving Loan Fund 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 w…
La. Rev. Stat. § 40:2826 Loan conditions and repayment
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§2826. Loan conditions and repayment 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…
La. Rev. Stat. § 40:2831 Definitions
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§2831. Definitions 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 remun…
La. Rev. Stat. § 40:2832 Registration
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§2832. Registration 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 registe…
La. Rev. Stat. § 40:2833 Rules for minimum sanitary and safety standards
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§2833. Rules for minimum sanitary and safety standards 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…
La. Rev. Stat. § 40:2834 Injunctive relief
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§2834. Injunctive relief 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 d…
La. Rev. Stat. § 40:2841 Legislative purpose
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§2841. Legislative purpose 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 myocardi…
La. Rev. Stat. § 40:2842 Definitions
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§2842. Definitions 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 …
La. Rev. Stat. § 40:2843 Louisiana Emergency Response Network; creation; domicile
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§2843. Louisiana Emergency Response Network; creation; domicile 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 mortal…
La. Rev. Stat. § 40:2844 Governing board; membership; appointment; terms; compensation; vacancies
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§2844. Governing board; membership; appointment; terms; compensation; vacancies 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 car…
La. Rev. Stat. § 40:2845 Board; functions, powers, and duties
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§2845. Board; functions, powers, and duties 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. 40:217…
La. Rev. Stat. § 40:2845.1 Public records exception
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§2845.1. Public records exception 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 direc…
La. Rev. Stat. § 40:2846 Rules and regulations; Louisiana Department of Health
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§2846. Rules and regulations; Louisiana Department of Health 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…
La. Rev. Stat. § 40:2851 Short title
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§2851. Short title This Chapter may be cited as the “Judicial Agency Referral Residential Facility Regulatory Act." Acts 2006, No. 660, §1, eff. June 29, 2006.
La. Rev. Stat. § 40:2852 Facilities providing treatment, housing, or temporary residence to individuals
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§2852. Facilities providing treatment, housing, or temporary residence to individuals referred by judicial agencies A. Any facility, including pretrial diversion facilities, not otherwise required to be licensed by the Louisiana Department of Health or the Department of Children …
La. Rev. Stat. § 40:2853 Facilities providing housing or temporary residence to individuals referred by
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§2853. Facilities providing housing or temporary residence to individuals referred by judicial agencies 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…
La. Rev. Stat. § 40:2861 Legislative intent and public health policy
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§2861. Legislative intent and public health policy 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…
La. Rev. Stat. § 40:2862 Short title
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§2862. Short title 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.
La. Rev. Stat. § 40:2863 Definitions
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§2863. Definitions 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. …
La. Rev. Stat. § 40:2864 Duties of pharmacy benefit managers
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§2864. Duties of pharmacy benefit managers 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 du…
La. Rev. Stat. § 40:2865 General licensing and permitting requirements
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§2865. General licensing and permitting requirements 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 p…
La. Rev. Stat. § 40:2866 General applicability
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§2866. General applicability 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 spe…
La. Rev. Stat. § 40:2867 Pharmacy benefit manager; regulation by commissioner of insurance; applicability
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§2867. Pharmacy benefit manager; regulation by commissioner of insurance; applicability of the Louisiana Insurance Code 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 mana…
La. Rev. Stat. § 40:2868 Pharmacy benefit manager; regulation by Louisiana Board of Pharmacy;
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§2868. Pharmacy benefit manager; regulation by Louisiana Board of Pharmacy; requirements for permitting 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 provi…
La. Rev. Stat. § 40:2869 Pharmacy benefit manager monitoring advisory council; membership; functions
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§2869. Pharmacy benefit manager monitoring advisory council; membership; functions 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 con…
La. Rev. Stat. § 40:2870 Prohibited acts; unfair and deceptive trade practices
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§2870. Prohibited acts; unfair and deceptive trade practices 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 im…
La. Rev. Stat. § 40:2871 Enforcement
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§2871. Enforcement 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 …
La. Rev. Stat. § 40:2881 Short title
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§2881. Short title This Chapter may be cited as the "Defending Affordable Prescription Drug Costs Act". Acts 2023, No. 358, §1.
La. Rev. Stat. § 40:2882 Definitions
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§2882. Definitions 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…
La. Rev. Stat. § 40:2883 Prohibition of certain discriminatory actions related to reimbursement of 340B
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§2883. Prohibition of certain discriminatory actions related to reimbursement of 340B entities 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 f…
La. Rev. Stat. § 40:2884 Prohibition of certain discriminatory actions by a manufacturer or distributor related
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§2884. Prohibition of certain discriminatory actions by a manufacturer or distributor related to 340B entities 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 de…
La. Rev. Stat. § 40:2885 Violations
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§2885. Violations 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, remed…
La. Rev. Stat. § 40:2886 Federal preemption
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§2886. Federal preemption 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) A…
La. Rev. Stat. § 40:29 State health laboratories; fee schedule
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§29. State health laboratories; fee schedule 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 paris…
La. Rev. Stat. § 40:2901 Short title
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§2901. Short title This Chapter may be cited as the "Police Data Accountability, Transparency, and Analysis Act" or the "Police DATA Act". Acts 2019, No. 165, §1.
La. Rev. Stat. § 40:2902 Law Enforcement Data Task Force
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§2902. Law Enforcement Data Task Force 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)…
La. Rev. Stat. § 40:3 State health officer; powers
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§3. State health officer; powers 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…
La. Rev. Stat. § 40:3.1 Confidentiality of public health investigations; prohibited disclosure and discovery;
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§3.1. Confidentiality of public health investigations; prohibited disclosure and discovery; civil penalties 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…
La. Rev. Stat. § 40:30 Provisions of this Chapter not to affect Louisiana Department of Agriculture
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§30. Provisions of this Chapter not to affect Louisiana Department of Agriculture 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 th…
La. Rev. Stat. § 40:31 Costs of court not charged against state or parish health officers
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§31. Costs of court not charged against state or parish health officers 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 w…
La. Rev. Stat. § 40:31.1 Reye's Syndrome disease; mandatory reporting
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§31.1. Reye's Syndrome disease; mandatory reporting 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…
La. Rev. Stat. § 40:31.11 Purpose
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§31.11. Purpose 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 th…
La. Rev. Stat. § 40:31.12 Definitions
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§31.12. Definitions 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 provi…
La. Rev. Stat. § 40:31.13 Development of immunization registry and tracking and recall system; standards
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§31.13. Development of immunization registry and tracking and recall system; standards 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 o…
La. Rev. Stat. § 40:31.14 Authorization of release of immunization records
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§31.14. Authorization of release of immunization records 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…
La. Rev. Stat. § 40:31.15 Rulemaking
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§31.15. Rulemaking 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 Administr…
La. Rev. Stat. § 40:31.16 Parental consent; parental responsibility for immunization; exemptions
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§31.16. Parental consent; parental responsibility for immunization; exemptions 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) …
La. Rev. Stat. § 40:31.2 Repealed by Acts 2008, No
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§31.2. Repealed by Acts 2008, No. 815, §5.
La. Rev. Stat. § 40:31.21 Legislative intent, declaration of policy
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§31.21. Legislative intent, declaration of policy 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…
La. Rev. Stat. § 40:31.22 Admission; general provisions
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§31.22. Admission; general provisions 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 …