Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:931 §§931 to 938 Repealed by Acts 1974, No
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§931. §§931 to 938 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975
La. Rev. Stat. § 40:94 Forms for collection of data
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§94. Forms for collection of data The state registrar shall prescribe forms for the collection of information and statistics with respect to enforceable gestational carrier contracts. Such forms shall require but not be limited to the following information: (1) The age, marital s…
La. Rev. Stat. § 40:940.1 §§940.1 to 940.23 Repealed by Acts 1974, No
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§940.1. §§940.1 to 940.23 Repealed by Acts 1974, No. 31, §1, eff. June 1, 1975
La. Rev. Stat. § 40:940.51 Exemption of sales to schools; competitive bids for purchase of milk
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§940.51. Exemption of sales to schools; competitive bids for purchase of milk A. The sale of milk or milk products, as described in this Part, to any school board or other governing authority of any elementary or secondary school in this state after July 31, 1974, shall be exempt…
La. Rev. Stat. § 40:940.52 Commercial fisherman's catch; transportation and sale
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§940.52. Commercial fisherman's catch; transportation and sale Notwithstanding any other provision of the law to the contrary, a commercial fisherman shall be exempt from having to possess a "mobile food vendor's permit" while selling his catch directly from either his boat or hi…
La. Rev. Stat. § 40:941 Handling of meat not slaughtered under license prohibited; exceptions;
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§941. Handling of meat not slaughtered under license prohibited; exceptions; penalty A. No butcher or purveyor of food products intended for human consumption shall, directly or indirectly, purchase, trade, handle, or sell, in any manner, the carcass or any part thereof of any an…
La. Rev. Stat. § 40:95 Completion of forms; filing with vital records registry
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§95. Completion of forms; filing with vital records registry The physician performing the in utero embryo transfer or termination of the pregnancy by birth, miscarriage, or abortion shall provide the information required by the provisions of R.S. 40:94. Such completed forms shall…
La. Rev. Stat. § 40:951 Definitions
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§951. Definitions For purposes of this Part, a caustic alkali is what is commonly known as concentrated lye. Also, for purposes of this Part, a poison is any substance which, when ingested, inhaled or absorbed, or when applied to or injected into the body in relatively small amou…
La. Rev. Stat. § 40:952 Caustic alkali and other poisons; label on container; penalty
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§952. Caustic alkali and other poisons; label on container; penalty A. Every container containing a caustic alkali or any other substance poisonous to the human system or to animals shall bear a label on which is printed or stamped in red ink the word "poison" and also shall have…
La. Rev. Stat. § 40:953 Seizure
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§953. Seizure Any article or product found in violation of the labeling requirements in R.S. 40:952 shall be subject to seizure and condemnation by the state health officer or by any duly authorized representative he designates for that purpose. Added by Acts 1978, No. 140, §1; A…
La. Rev. Stat. § 40:96 Confidentiality
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§96. Confidentiality The vital statistics records required by this Part and the identities of the parties to a gestational carrier contract shall be confidential and shall not be subject to disclosure, release, or inspection except upon application to a competent court and in con…
La. Rev. Stat. § 40:961 Definitions
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§961. Definitions As used in this Part, the following terms have the meaning ascribed to them in this Section unless the context clearly indicates otherwise: (1) "Addict" means a drug dependent person who habitually uses any narcotic drugs as to have lost the power of self-contro…
La. Rev. Stat. § 40:961.1 Industrial hemp exemption
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§961.1. Industrial hemp exemption A. Notwithstanding the definitions provided for in R.S. 40:961(6) and (27), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or consumable hemp products that are possessed, stored, cultivated, t…
La. Rev. Stat. § 40:962 Authority to control
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§962. Authority to control A. All controlled dangerous substances listed in R.S. 40:964 are hereby controlled. B. The secretary shall add a substance as a controlled dangerous substance if it is classified as a controlled dangerous substance by the Drug Enforcement Administration…
La. Rev. Stat. § 40:962.1 Ephedrine products
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§962.1. Ephedrine products A. Except as provided in Subsection B of this Section, any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine may be dispensed only upon the prescription of a…
La. Rev. Stat. § 40:962.1.1 Possession of twelve grams or more of ephedrine, pseudoephedrine, or
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§962.1.1. Possession of twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers A.(1) It is unlawful for any person to possess twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolami…
La. Rev. Stat. § 40:962.1.2 Restriction on the sale and purchase of nonprescription products containing dextromethorphan, its salts or optical isomers, and salts of optical isomers
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§962.1.2. Restriction on the sale and purchase of nonprescription products containing dextromethorphan, its salts or optical isomers, and salts of optical isomers A.(1) It shall be unlawful to sell a nonprescription material, compound, mixture, or preparation containing any detec…
La. Rev. Stat. § 40:962.2 Abortion-inducing drugs; restrictions of sales; exceptions; penalties
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§962.2. Abortion-inducing drugs; restrictions of sales; exceptions; penalties A. Except as provided in R.S. 40:1061.11, no abortion-inducing drug may be sold, prescribed, dispensed, distributed, or delivered in this state in violation of this Section. B. Notwithstanding any other…
La. Rev. Stat. § 40:963 Schedules of controlled dangerous substances
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§963. Schedules of controlled dangerous substances There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in R.S. 40:964. In determining that a substance is to …
La. Rev. Stat. § 40:964 Composition of schedules
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§964. Composition of schedules Schedules I, II, III, IV, and V shall, unless and until added pursuant to R.S. 40:962, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name, or brand name designated: SCHEDULE I A. Opiate…
La. Rev. Stat. § 40:964.1 Treatment of controlled analogues
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§964.l. Treatment of controlled analogues A controlled substance analogue shall be treated, for the purposes of any state law and to the extent intended for human consumption, as a controlled dangerous substance in either Schedule I or Schedule II of R.S. 40:964. Acts 1994, 3rd E…
La. Rev. Stat. § 40:965 Secretary of health; authority to except
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§965. Secretary of health; authority to except A. The secretary may by regulation except any material, compound, mixture, or preparation containing any depressant or stimulant substance listed in Subsection A, B, C, or D of Schedule III or in Schedule IV or V from the application…
La. Rev. Stat. § 40:966 Penalty for distribution or possession with intent to distribute narcotic drugs listed in
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§966. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly o…
La. Rev. Stat. § 40:966.1 Unlawful possession, production, or distribution of kratom
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§966.1. Unlawful possession, production, or distribution of kratom A. For purposes of this Section, "kratom" means any substance derived from the leaves of the Mitragyna speciosa tree or any substance containing 7-hydroxymitragynine or mitragynine. B.(1) Manufacture; distribution…
La. Rev. Stat. § 40:967 Prohibited acts - Schedule II; penalties
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§967. Prohibited acts - Schedule II; penalties A. Manufacture; distribution. Except as authorized by this Part or by Part VII-B of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any person knowingly or intentionally: (1) To produce, manu…
La. Rev. Stat. § 40:967.1 Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics
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§967.1. Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics A. Any person who violates the provisions of R.S. 40:967(A) with respect to fentanyl, where the fentanyl or packaging of the fentanyl reasonably appeals to a minor, shall be imprisoned at h…
La. Rev. Stat. § 40:968 Prohibited acts--Schedule III; penalties
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§968. Prohibited acts--Schedule III; penalties A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: (1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, dist…
La. Rev. Stat. § 40:969 Prohibited acts--Schedule IV; penalties
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§969. Prohibited acts--Schedule IV; penalties A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: (1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distr…
La. Rev. Stat. § 40:97 Repealed by Acts 1991, No
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§97. Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992.
La. Rev. Stat. § 40:970 Prohibited acts--Schedule V; penalties
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§970. Prohibited acts--Schedule V; penalties A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: (1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distri…
La. Rev. Stat. § 40:971 Prohibited acts; all schedules
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§971. Prohibited acts; all schedules A.(1) It shall be unlawful for any person: (a) Who is subject to the requirements of this part to distribute or dispense a controlled dangerous substance in violation of this part; or (b) Who is a licensee to manufacture, distribute, or dispen…
La. Rev. Stat. § 40:971.1 Prohibited acts; false representation
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§971.1. Prohibited acts; false representation A. It shall be unlawful for any person to produce, manufacture, distribute, dispense, transport, deliver, or possess with intent to distribute or dispense any substance which is represented to be a controlled dangerous substance and w…
La. Rev. Stat. § 40:971.2 Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances
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§971.2. Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances A. This Section shall be known as and may be cited as the "Pain Management Clinic Drug Abuse and Overdose Prevention Act". B. It shall be unlawful for a p…
La. Rev. Stat. § 40:971.3 Misbranding or adulteration of drugs with intent to defraud or mislead
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§971.3. Misbranding or adulteration of drugs with intent to defraud or mislead Any person who violates the provisions of R.S. 40:617 or 636 with respect to any drug, as defined in R.S. 40:602, and with the intent to defraud or mislead shall be imprisoned, with or without hard lab…
La. Rev. Stat. § 40:972 Rules and regulations and fees
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§972. Rules and regulations and fees A. The Louisiana Board of Pharmacy is authorized to promulgate rules and regulations relating to the registration and control of the manufacture, distribution, and dispensing of controlled dangerous substances within this state. B. The fees co…
La. Rev. Stat. § 40:973 Licensing requirements
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§973. Licensing requirements A.(1) Every person who conducts research with, manufactures, distributes, procures, possesses, prescribes, or dispenses any controlled dangerous substance within this state, including third-party logistics providers, or who proposes to engage in the r…
La. Rev. Stat. § 40:973.1 Louisiana Board of Pharmacy; criminal history record information
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§973.1. Louisiana Board of Pharmacy; criminal history record information A. For purposes of this Section, the following definitions apply: (1) "Applicant" means an individual who has applied to the board for the issuance or reinstatement of any controlled dangerous substance lice…
La. Rev. Stat. § 40:974 Licensing
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§974. Licensing A. The Louisiana Board of Pharmacy shall license an applicant to manufacture or distribute controlled dangerous substances included in Schedules I through V of R.S. 40:964 at such fees as it shall determine to be reasonable, unless it determines that the issuance …
La. Rev. Stat. § 40:975 Denial, revocation, suspension, or termination of license
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§975. Denial, revocation, suspension, or termination of license A. A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a controlled dangerous substance may be suspended or revoked by the Louisiana Board of Pharmacy upon a finding that the applicant or licens…
La. Rev. Stat. § 40:976 Records of licensees
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§976. Records of licensees Each licensee manufacturing, distributing, or dispensing controlled dangerous substances in Schedule I, II, III, IV, or V shall make a complete and accurate record of all stocks of such dangerous substances on hand. Thereafter, complete and accurate rec…
La. Rev. Stat. § 40:976.1 Chemical precursor; recordkeeping requirements
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§976.1. Chemical precursor; recordkeeping requirements A. A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following precursor substances shall make an accurate and legible record of the transaction and maintain the rec…
La. Rev. Stat. § 40:977 Order forms
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§977. Order forms Controlled dangerous substances in Schedules I and II shall be distributed only pursuant to an order form. Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1.
La. Rev. Stat. § 40:978 Prescriptions
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§978. Prescriptions A. Except when dispensed or administered directly by a medical practitioner or administered by a person authorized to administer by such practitioner, other than a pharmacist, to an ultimate user, no controlled dangerous substance included in Schedule II, whic…
La. Rev. Stat. § 40:978.1 Naloxone; first responder; prescription; administration to third party; limitation of
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§978.1. Naloxone; first responder; prescription; administration to third party; limitation of liability A. For the purposes of this Section, the following definitions apply: (1) "First responder" means any of the following: (a) A peace officer as defined in R.S. 40:2402. (b) A fi…
La. Rev. Stat. § 40:978.2 Naloxone; prescription; dispensing; administration by third party; limitation of
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§978.2. Naloxone; prescription; dispensing; administration by third party; limitation of liability A. A licensed medical practitioner may, directly or by standing order, prescribe or dispense the drug naloxone or another opioid antagonist without having examined the individual to…
La. Rev. Stat. § 40:978.2.1 Reporting of opioid-related overdoses
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§978.2.1. Reporting of opioid-related overdoses A. For purposes of this Section, the following definitions apply: (1) "First responders" means the first arriving organized responders with the capability and mission to contain, mitigate, and resolve the emergency at hand such as b…
La. Rev. Stat. § 40:978.2.2 Hospital drug screening; fentanyl; minors
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§978.2.2. Hospital drug screening; fentanyl; minors A. If a minor is treated at a hospital for a suspected opioid overdose and the hospital conducts a urine drug screening to assist in diagnosing the minor's condition, the hospital shall include testing for fentanyl in the minor'…
La. Rev. Stat. § 40:978.3 Continuing education for the prescribing of controlled substances
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§978.3. Continuing education for the prescribing of controlled substances A. The continuing education requirement established in this Section shall apply to all practitioners with prescriptive authority in Louisiana that have a controlled dangerous substance license in Louisiana.…
La. Rev. Stat. § 40:979 Attempt and conspiracy
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§979. Attempt and conspiracy Any person who attempts or conspires to commit any offense set forth in the provisions of this Part shall, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted, but such fine or imprisonment shall not exce…
La. Rev. Stat. § 40:98 Repealed by Acts 1991, No
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§98. Repealed by Acts 1991, No. 235, §17, eff. Jan. 1, 1992.