Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
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 Redesignated to R.S
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§1156. Redesignated to R.S. 40:1281.25 by HCR 84 of 2015 R.S.
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. § 40:1162 §§1162 to 1171 Repealed by Acts 1958, No
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§1162. §§1162 to 1171 Repealed by Acts 1958, No. 34, §2.
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…
La. Rev. Stat. § 40:1168.2 Definitions
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§1168.2. Definitions For purposes of this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Adverse event" means any incident relating to the use of a drug prescribed or recommended to a patient that may result in serious harm or injury to the p…
La. Rev. Stat. § 40:1168.3 Data system; components; reporting; design in collaboration with certain higher
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§1168.3. Data system; components; reporting; design in collaboration with certain higher education institutions; public records exception A. The board may create and maintain an electronic system for the collection and analysis of clinical information associated with the use of m…
La. Rev. Stat. § 40:1168.4 Protection of health information; limitations on data use
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§1168.4. Protection of health information; limitations on data use A. The board shall maintain the data system in a secure environment which complies, at minimum, with all applicable federal laws and regulations providing for the protection of health information. B.(1) The board …
La. Rev. Stat. § 40:1168.5 Funding sources authorized for data system
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§1168.5. Funding sources authorized for data system The board is hereby authorized to receive and expend all funds as may be necessary to implement and maintain the data system. Such funds may include, without limitation, funds appropriated by the legislature, including any appro…
La. Rev. Stat. § 40:1168.6 Rulemaking
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§1168.6. Rulemaking The board shall promulgate all such rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Subpart. Acts 2019, No. 207, §1.
La. Rev. Stat. § 40:1169.1 Short title
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§1169.1. Short title This Subpart shall be known and may be cited as the "Right To Try Act". Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.421 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1169.2 Legislative findings
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§1169.2. Legislative findings The Legislature of Louisiana hereby finds and declares the following: (1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years. (2) A patient who has a terminal illness does n…
La. Rev. Stat. § 40:1169.3 Definitions
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§1169.3. Definitions As used in this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Eligible patient" means a person to whom all of the following criteria apply: (a) Has a terminal illness. (b) As determined by the person's physician, has no …
La. Rev. Stat. § 40:1169.4 Availability of drugs, biological products, and devices; costs; insurance coverage
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§1169.4. Availability of drugs, biological products, and devices; costs; insurance coverage A.(1) A manufacturer of an investigational drug, biological product, or device may make available such drug, product, or device to eligible patients in accordance with the provisions of th…
La. Rev. Stat. § 40:1169.5 Limitation of liability; no cause of action created
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§1169.5. Limitation of liability; no cause of action created A. Notwithstanding any provision of law to the contrary, a physician who prescribes an investigational drug, biological product, or device to an eligible patient pursuant to the provisions of this Subpart shall be immun…
La. Rev. Stat. § 40:1169.6 Action against physician license prohibited
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§1169.6. Action against physician license prohibited Notwithstanding any provision of law to the contrary, the Louisiana State Board of Medical Examiners shall not revoke, fail to renew, or take any other action against the license of a physician issued pursuant to the provisions…
La. Rev. Stat. § 40:1170.1 Legislative findings; declaration
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§1170.1. Legislative findings; declaration A. The legislature hereby finds all of the following: (1) A developmental, intellectual, or physical disability does not diminish a person's right to health care. (2) The provisions of the Americans with Disabilities Act of 1990, as amen…
La. Rev. Stat. § 40:1170.2 Definitions
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§1170.2. Definitions For purposes of this Subpart, the following terms have the meaning ascribed to them in this Section: (1) "Anatomical gift" means a donation of all or part of a human body that takes effect after the death of the donor for the purpose of transplantation or tra…
La. Rev. Stat. § 40:1170.3 Discrimination against potential organ transplant recipients based on disability;
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§1170.3. Discrimination against potential organ transplant recipients based on disability; prohibition A. The provisions of this Section shall apply to all stages of the organ transplant process. B. It shall be unlawful for a covered entity to do any of the following solely on th…
La. Rev. Stat. § 40:1170.4 Enforcement; civil actions against covered entities; construction of Section
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§1170.4. Enforcement; civil actions against covered entities; construction of Section A. Whenever an individual believes that a covered entity has violated or is violating any provision of R.S. 40:1170.3, the affected individual may commence a civil action for injunctive and othe…
La. Rev. Stat. § 40:1171.1 Purpose; intent; insurance and R.S
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§1171.1. Purpose; intent; insurance and R.S. 40:1157.3 not affected The legislature recognizes that confidentiality protection for information related to human immunodeficiency virus (HIV) infection and acquired immunodeficiency syndrome (AIDS) is an essential public health measu…