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La. Rev. Stat. § 40:1146 Allowance to stock emergency medication; definitions
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§1146. Allowance to stock emergency medication; definitions A. For the purposes of this Section, the following definitions apply: (1)(a) "Life-saving medications" means any medication recognized by the Louisiana Department of Health as a medication that can be administered to tre…
La. Rev. Stat. § 40:1151 Legislative purpose, findings and intent
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§1151. Legislative purpose, findings and intent A. Purpose and findings. (1) The legislature finds that all persons have the fundamental right to control the decisions relating to their own medical care, including the decision to have life-sustaining procedures withheld or withdr…
La. Rev. Stat. § 40:1151.1 Definitions
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§1151.1. Definitions As used in this Subpart, the following words shall have the meanings ascribed to them unless the context clearly states otherwise: (1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient. (2) "Car…
La. Rev. Stat. § 40:1151.2 Making of declaration; notification; illustrative form; registry; issuance of do-not-resuscitate identification bracelets
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§1151.2. Making of declaration; notification; illustrative form; registry; issuance of do-not-resuscitate identification bracelets A.(1) Any adult person may, at any time, make a written declaration directing the withholding or withdrawal of life-sustaining procedures in the even…
La. Rev. Stat. § 40:1151.3 Revocation of declaration
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§1151.3. Revocation of declaration A. A declaration may be revoked at any time by the declarant without regard to his or her mental state or competency by any of the following methods: (1) By being cancelled, defaced, obliterated, burned, torn, or otherwise destroyed by the decla…
La. Rev. Stat. § 40:1151.4 Procedure for making a declaration for a qualified patient who has not previously
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§1151.4. Procedure for making a declaration for a qualified patient who has not previously made a declaration A.(1) Nothing in this Subpart shall be construed in any manner to prevent the withholding or the withdrawal of life-sustaining procedures from a qualified patient with a …
La. Rev. Stat. § 40:1151.5 Making a declaration for the benefit of a terminally ill minor
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§1151.5. Making a declaration for the benefit of a terminally ill minor A. If a minor has been certified as a qualified patient, the following individuals may voluntarily make a declaration to document the decision relative to withholding or withdrawal of medical treatment or lif…
La. Rev. Stat. § 40:1151.6 Physician, health care provider, and licensed emergency medical services
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§1151.6. Physician, health care provider, and licensed emergency medical services practitioner responsibility A. Any attending physician who has been notified of the existence of a declaration made under this Subpart or at the request of the proper person as provided in R.S. 40:1…
La. Rev. Stat. § 40:1151.7 Immunity from liability
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§1151.7. Immunity from liability A.(1) Any health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withhold…
La. Rev. Stat. § 40:1151.8 Penalties
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§1151.8. Penalties A. Any person who willfully conceals, cancels, defaces, obliterates, or damages the declaration of another, including the removal of a do-not-resuscitate identification bracelet, without such declarant's consent or who falsifies or forges a revocation or the de…
La. Rev. Stat. § 40:1151.9 General application
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§1151.9. General application A. Nothing in this Subpart shall be construed to condone, authorize, or approve assistance to suicide, mercy killing, or euthanasia; or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dyi…
La. Rev. Stat. § 40:1153.1 Application; military personnel
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§1153.1. Application; military personnel A. A military advance medical directive may be executed by: (1) Military personnel. (2) Other persons eligible for legal assistance under the provisions of 10 U.S.C. 1044 or regulations of the Department of Defense. B. "Military personnel"…
La. Rev. Stat. § 40:1153.2 Illustrative form; military advance medical directives
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§1153.2. Illustrative form; military advance medical directives The following is an illustrative form of a military advance medical directive suggested for use by military personnel or other eligible persons who reside in the state of Louisiana: LOUISIANA'S MILITARY ADVANCE MEDIC…
La. Rev. Stat. § 40:1153.3 Requirements for legally sufficient military advance medical directive
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§1153.3. Requirements for legally sufficient military advance medical directive A. In accordance with 10 U.S.C. 1044(c), a military advance medical directive is exempt from any requirement of form, substance, formality, or recording that may be required under the laws of Louisian…
La. Rev. Stat. § 40:1153.4 Additional form of military advance medical directive; application of this Part
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§1153.4. Additional form of military advance medical directive; application of this Part A. Nothing in this Subpart affects or limits the use of: (1) Any other advance medical directive prepared and executed in accordance with the provisions of 10 U.S.C. 1044(c), regardless of fo…
La. Rev. Stat. § 40:1153.5 Short title
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§1153.5. Short title This Subpart may be cited as the "Louisiana Military Advance Medical Directive Act". Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.64 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1155.1 Legislative purpose, findings, and intent
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§1155.1. Legislative purpose, findings, and intent A. The legislature finds and declares all of the following: (1) It is important for people to make health care decisions before a medical crisis presents itself. (2) Health care planning is a process, rather than a single decisio…
La. Rev. Stat. § 40:1155.2 Definitions
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§1155.2. Definitions As used in this Subpart, the following terms shall have the meanings ascribed to them unless the context clearly states otherwise: (1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient. (2) "Hea…
La. Rev. Stat. § 40:1155.2.1 LaPOST Form
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§1155.2.1. LaPOST Form Acts 2016, No. 486, §1, eff. June 13, 2016.
La. Rev. Stat. § 40:1155.3 Louisiana Physician Order for Scope of Treatment
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§1155.3. Louisiana Physician Order for Scope of Treatment A. The secretary of the Louisiana Department of Health is hereby authorized and directed to promulgate and publish rules, regulations, and standards, in accordance with the Administrative Procedure Act, to provide for the …
La. Rev. Stat. § 40:1155.4 Physician, health care provider, and licensed emergency medical services
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§1155.4. Physician, health care provider, and licensed emergency medical services practitioner responsibility A. Any attending physician who refuses to comply with the provisions of a duly executed LaPOST form executed pursuant to this Subpart shall make a reasonable effort to tr…
La. Rev. Stat. § 40:1155.5 Immunity from liability
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§1155.5. Immunity from liability A.(1) Any health care provider, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withhold…
La. Rev. Stat. § 40:1155.6 General application
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§1155.6. General application A. Nothing in this Subpart shall be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. B.(1) The withholding…
La. Rev. Stat. § 40:1156.1 Voluntary nonopioid directive; form; immunity
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§1156.1. Voluntary nonopioid directive; form; immunity A. The Louisiana Department of Health, in consultation with the office of behavioral health, shall establish a voluntary nonopioid directive form and shall publish the form prominently on the department's website for public u…
La. Rev. Stat. § 40:1157.1 Consent to medical treatment; methods of obtaining consent
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§1157.1. Consent to medical treatment; methods of obtaining consent A. Notwithstanding any other law to the contrary, written consent to medical treatment means the voluntary permission of a patient, through signature, marking, or affirmative action through electronic means pursu…
La. Rev. Stat. § 40:1157.2 Louisiana Medical Disclosure Panel; creation; membership; powers; duties
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§1157.2. Louisiana Medical Disclosure Panel; creation; membership; powers; duties A. As used in this Section, the following terms shall mean: (1) "Department" means the Louisiana Department of Health. (2) "Panel" means the Louisiana Medical Disclosure Panel. B.(1) The Louisiana M…
La. Rev. Stat. § 40:1157.3 Exception to obtaining informed consent; human immunodeficiency virus or other
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§1157.3. Exception to obtaining informed consent; human immunodeficiency virus or other infectious agents A. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary, whenever an agent or employee of a hospital, or a physician having privileges at the hos…
La. Rev. Stat. § 40:1159.1 Short title
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§1159.1. Short title This Subpart shall be known as and may be cited as the "Louisiana Medical Consent Law." Added by Acts 1975, No. 798, §1; Redesignated from R.S. 40:1299.50 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1159.2 Subpart not applicable to abortion and sterilization
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§1159.2. Subpart not applicable to abortion and sterilization The provisions of this Subpart shall not apply in any manner whatsoever to the subjects of abortion and sterilization, which subjects shall continue to be governed by existing law independently of the terms and provisi…
La. Rev. Stat. § 40:1159.3 Subpart not applicable to care and treatment of persons with mental illness;
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§1159.3. Subpart not applicable to care and treatment of persons with mental illness; exception Except as provided in R.S. 40:1159.9, the provisions of this Subpart shall not apply to the care and treatment of persons with mental illness, which subject shall continue to be govern…
La. Rev. Stat. § 40:1159.4 Persons who may consent to surgical or medical treatment
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§1159.4. Persons who may consent to surgical or medical treatment A. In addition to such other persons as may be authorized and empowered, any one of the following persons in the following order of priority, if there is no person in a prior class who is reasonably available, will…
La. Rev. Stat. § 40:1159.5 Emergencies
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§1159.5. Emergencies A. In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a duly licensed physician will be implied where an emergency exi…
La. Rev. Stat. § 40:1159.6 Construction of Subpart; general application
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§1159.6. Construction of Subpart; general application A. The provisions of this Subpart shall be liberally construed, and all relationships set forth herein shall include the marital, adoptive, foster and step-relations as well as the natural whole blood. A consent by one person …
La. Rev. Stat. § 40:1159.7 Right of adult to refuse treatment as to his own person not abridged
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§1159.7. Right of adult to refuse treatment as to his own person not abridged Nothing contained herein shall be construed to abridge any right of a person eighteen years of age or over to refuse to consent to medical or surgical treatment as to his own person. Added by Acts 1975,…
La. Rev. Stat. § 40:1159.8 Consent to medical arbitration agreements
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§1159.8. Consent to medical arbitration agreements The persons authorized and empowered in R.S. 40:1159.4 (A) and (B) to consent to surgical or medical treatment or procedures for others as provided therein are also authorized and empowered, for and on behalf of such others, and …
La. Rev. Stat. § 40:1159.9 Consent to surgical or medical treatment for persons with developmental
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§1159.9. Consent to surgical or medical treatment for persons with developmental disabilities and residents of state-operated nursing homes A. Upon the written recommendation of the treating physician, the following persons may consent to any surgical or medical treatment on beha…
La. Rev. Stat. § 40:1160.1 Title
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§1160.1. Title This Subpart shall be known and may be cited as the "Consent to Medical Examinations Act". Acts 2020, No. 269, §1.
La. Rev. Stat. § 40:1160.2 Definitions
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§1160.2. Definitions As used in this Subpart, the following terms have the meanings ascribed to them unless otherwise provided for or unless the context otherwise indicates: (1) "Anesthesia" means a drug-induced loss of consciousness, by use of any anesthetic induction agent or o…
La. Rev. Stat. § 40:1160.3 Consent to medical examinations; anesthetized patients; penalties
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§1160.3. Consent to medical examinations; anesthetized patients; penalties A. A healthcare provider licensed or certified to practice a profession shall not perform a pelvic or rectal examination, hereinafter referred to as "examination", on an anesthetized or unconscious patient…
La. Rev. Stat. § 40:1160.4 Requirement for examinations performed by learners
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§1160.4. Requirement for examinations performed by learners A. Learners in a clinical setting, including but not limited to an operating room, when the patient is under general anesthesia, shall perform an examination for teaching purposes only when all of the following condition…
La. Rev. Stat. § 40:1161.1 Consent to dental treatment
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§1161.1. Consent to dental treatment A. As used in this Subpart: (1) "Dental treatment" means those practices and procedures which fall within the definition of the practice of "dentistry", as that term is defined in R.S. 37:751, except when performed by a physician or surgeon in…
La. Rev. Stat. § 40:1163.1 Electronic health care transactions; electronic signature authentication and
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§1163.1. Electronic health care transactions; electronic signature authentication and identification system A. As used in this Section, the following terms shall have the following meanings: (1) "Authorization" means a consent, an approval, or an authorization between persons. (2…
La. Rev. Stat. § 40:1165.1 Healthcare information; records
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§1165.1. Healthcare information; records A.(1) Each health care provider shall furnish each patient, upon request of the patient, a copy of any information related in any way to the patient which the health care provider has transmitted to any company, or any public or private ag…
La. Rev. Stat. § 40:1165.2 Health Care Information Technology and Infrastructure Advisory Collaborative;
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§1165.2. Health Care Information Technology and Infrastructure Advisory Collaborative; membership; powers and duties; annual report A.(1) The legislature recognizes the need to pursue electronic health care information technology for the residents of Louisiana in a coordinated, s…
La. Rev. Stat. § 40:1165.3 Contact lens prescription; contents; expiration; restrictions on filling; release;
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§1165.3. Contact lens prescription; contents; expiration; restrictions on filling; release; penalties A. Every contact lens prescription written by a licensed physician or licensed optometrist for use in correcting errors of refraction and restoring, as near as possible, normal h…
La. Rev. Stat. § 40:1167.1 Short title
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§1167.1. Short title This Subpart shall be known as and may be cited as the "Electronic Health Records Loan Program". Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1167.2 Legislative findings; purpose
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§1167.2. Legislative findings; purpose The legislature finds that: (1) Through the state's health care reform efforts, it has been recognized that Health Information Technology (HIT) and Health Information Exchange (HIE) are critical to improving and evaluating the quality of hea…
La. Rev. Stat. § 40:1167.3 Definitions
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§1167.3. Definitions As used in this Subpart, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Certified EHR technology" means a qualified electronic health record (as defined in Section 3000(13) of the Public Health Servi…
La. Rev. Stat. § 40:1167.4 Establishment of the Electronic Health Records Loan Program
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§1167.4. Establishment of the Electronic Health Records Loan Program A. The "Electronic Health Records Loan Program" is hereby created within the department. B.(1) The secretary is hereby authorized to establish the Electronic Health Records Loan Program utilizing such sums that …
La. Rev. Stat. § 40:1168.1 Findings and purpose
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§1168.1. Findings and purpose A. The legislature hereby finds and declares that, while specific definitions of the term vary, "evidence-based medicine" refers to the practice of medicine based upon evidence derived from research and in a manner in which the physician bases clinic…
