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0 chapters · 2,393 sections in this title.
La. Rev. Stat. § 40:1057.13 Repurchase
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§1057.13. Repurchase A. In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous aerosol, such article or substance shall, in accordance with regulations of the secretary, be repurchased. B. For the purposes of this Sect…
La. Rev. Stat. § 40:1057.14 Time of taking effect
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§1057.14. Time of taking effect This Chapter becomes effective upon signature by the governor or, if not signed or vetoed by the governor, upon expiration of the time for laws of the 1975 Regular Session of the Legislature to become effective without action by the governor, as pr…
La. Rev. Stat. § 40:1057.2 Regulations declaring aerosol products; variations and exemptions; judicial review of determinations
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§1057.2. Regulations declaring aerosol products; variations and exemptions; judicial review of determinations A. Whenever in the judgment of the secretary such action will promote the objectives of this Chapter by avoiding or resolving uncertainty as to its application, the secre…
La. Rev. Stat. § 40:1057.3 Regulations on aerosols; warnings; mandatory reporting
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§1057.3. Regulations on aerosols; warnings; mandatory reporting A. Any warning on aerosol products shall be prominently located in relation to the brand name and shall be displayed in bold type. In addition, all ingredients must be listed in bold type. B. All manufacturers of aer…
La. Rev. Stat. § 40:1057.4 Prohibited acts
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§1057.4. Prohibited acts The following acts and the causing thereof are hereby prohibited: (1) The introduction or delivery for introduction into commerce of any misbranded hazardous aerosol or banned hazardous aerosol. (2) The alteration, mutilation, destruction, obliteration, o…
La. Rev. Stat. § 40:1057.5 Penalties
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§1057.5. Penalties A. Any person who violates any of the provisions of R.S. 40:1057.3 or R.S. 40:1057.4, shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than five hundred dollars or to imprisonment for not more than ninety days, o…
La. Rev. Stat. § 40:1057.8 Hearing before report of criminal violation
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§1057.8. Hearing before report of criminal violation It shall be the duty of each district attorney, parish attorney, or city attorney to whom the secretary reports any violation of this Chapter to cause appropriate proceedings to be instituted in the proper courts without delay …
La. Rev. Stat. § 40:1057.9 Regulations
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§1057.9. Regulations The authority to promulgate regulations for the efficient enforcement of this Chapter is hereby vested in the secretary. Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1059 Manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products
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§1059. Manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products The chemical substances sodium saccharin, ammonium saccharin, calcium saccharin and foods and drinks containing such chemical substances may be manufactured, sold, …
La. Rev. Stat. § 40:1060 Use of dimethyl sulfoxide (DMSO)
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§1060. Use of dimethyl sulfoxide (DMSO) A. No hospital or health facility shall interfere with the physician/patient relationship by restricting or forbidding the use of dimethyl sulfoxide, hereinafter referred to as "DMSO", when prescribed or administered by licensed physicians …
La. Rev. Stat. § 40:1060.11 Definitions
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§1060.11. Definitions For the purpose of this Part: (1) "Code imprint" means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, or marks or monograms unique to the manufacturer, distributor, or both. The National Drug Code may be used a…
La. Rev. Stat. § 40:1060.12 Legend drug imprint
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§1060.12. Legend drug imprint A. No legend drug in solid dosage form may be manufactured or distributed for sale in this state unless there is clearly marked or imprinted on the dosage form a code imprint identifying the drug and the manufacturer or distributor of the drug. The L…
La. Rev. Stat. § 40:1060.13 Sale, distribution, or possession of legend drug without prescription or order
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§1060.13. Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties A. It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician or licensed health c…
La. Rev. Stat. § 40:1060.14 Prescription requirements; penalties
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§1060.14. Prescription requirements; penalties A. A prescription, in order to be effective in legalizing the possession of legend drugs, shall be issued for a legitimate medical purpose by one authorized to prescribe the use of such legend drugs. An order purporting to be a presc…
La. Rev. Stat. § 40:1060.15 Obtaining legend drugs by misrepresentation or fraud; penalties
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§1060.15. Obtaining legend drugs by misrepresentation or fraud; penalties A. It shall be unlawful for any person knowingly or intentionally to acquire or obtain possession of a legend drug by misrepresentation, fraud, forgery, deception or subterfuge. B. Any person who violates t…
La. Rev. Stat. § 40:1060.16 Prescriptions; electronic questionnaires
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§1060.16. Prescriptions; electronic questionnaires A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Electronic questionnaire" means a computer-assisted system for collecting a person's health ca…
La. Rev. Stat. § 40:1060.21 Uses authorized; regulation; penalties
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§1060.21. Uses authorized; regulation; penalties A. The provisions of this Section and of the Uniform Controlled Dangerous Substances Law do not apply to anabolic steroids that are expressly intended for administration to livestock or other nonhuman species, that are approved by …
La. Rev. Stat. § 40:1061 Abortion; prohibition
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§1061. Abortion; prohibition A. The provisions of this Act shall become effective immediately upon, and to the extent permitted by, the occurrence of any of the following circumstances: (1) Any decision of the Supreme Court of the United States which overrules, in whole or in par…
La. Rev. Stat. § 40:1061.1 Legislative intent; construction of abortion provisions law regulating abortion
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§1061.1. Legislative intent; construction of abortion provisions law regulating abortion A.(1) It is the intention of the Legislature of Louisiana to regulate, prohibit, or restrict abortion to the fullest extent permitted by the decisions of the Supreme Court of the United State…
La. Rev. Stat. § 40:1061.1.1 Definitions
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§1061.1.1. Definitions Wherever used in this Chapter, unless a different meaning clearly appears in the context, the terms, whether singular or plural, have the same meaning as the definitions provided in R.S. 14:87.1. (1) Repealed by Acts 2022, No. 545, §4. (2) Repealed by Acts …
La. Rev. Stat. § 40:1061.1.2 Pain-Capable Unborn Child Protection Act
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§1061.1.2. Pain-Capable Unborn Child Protection Act A. This Section may be cited as the "Pain-Capable Unborn Child Protection Act". B. Legislative intent. (1) The legislature makes the following findings: (a) Pain receptors (nociceptors) are present throughout the unborn child's …
La. Rev. Stat. § 40:1061.1.3 Louisiana Unborn Child Protection from Dismemberment Abortion Act
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§1061.1.3. Louisiana Unborn Child Protection from Dismemberment Abortion Act A. This Section shall be known and may be cited as the "Louisiana Unborn Child Protection from Dismemberment Abortion Act". B. Repealed by Acts 2022, No. 545, §4. C.(1) Notwithstanding any other provisio…
La. Rev. Stat. § 40:1061.1.4 Abortion based on genetic abnormality; prohibition
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§1061.1.4. Abortion based on genetic abnormality; prohibition A. Repealed by Acts 2022, No. 545, §4. B. Notwithstanding any other provision of law, it shall be unlawful for any person to intentionally perform or attempt to perform an abortion of an unborn child of twenty or more …
La. Rev. Stat. § 40:1061.1.5 5 eff
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§1061.1.5 eff. upon final decision of the U.S. Court of Appeals of the 5th Circuit upholding the Act that originated as SB 2116 of the 2019 R.S. of the Mississippi Legislature. §1061.1.5. Abortion prohibited; detectable fetal heartbeat; ultrasound required A.(1)(a) Prior to any a…
La. Rev. Stat. § 40:1061.10 Abortion by physician; determination of viability; ultrasound test required;
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§1061.10. Abortion by physician; determination of viability; ultrasound test required; exceptions; penalties A.(1) Physician requirements. No person shall perform or induce an abortion unless that person is a physician licensed to practice medicine in the state of Louisiana and i…
La. Rev. Stat. § 40:1061.11 Drugs or chemicals used; penalties
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§1061.11. Drugs or chemicals used; penalties A. When any drug or chemical is used for the purpose of inducing an abortion, the physician who prescribed the drug or chemical shall be in the same room and in the physical presence of the pregnant woman when the drug or chemical is i…
La. Rev. Stat. § 40:1061.11.1 Chemically induced abortion; required disclosure
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§1061.11.1. Chemically induced abortion; required disclosure A. When mifepristone is administered, dispensed, or otherwise provided to a pregnant woman by a physician or any person acting under the physician's direction, whether in a licensed outpatient abortion facility, private…
La. Rev. Stat. § 40:1061.12 Born-Alive Infant Protection Act
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§1061.12. Born-Alive Infant Protection Act A. An infant at any stage of development who has survived an abortion procedure resulting in his or her live birth shall be given reasonable and immediate medical care as provided in R.S. 40:1061.13(C), whether the abortion was considere…
La. Rev. Stat. § 40:1061.13 Abortion after viability; second attendant physician required; duties
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§1061.13. Abortion after viability; second attendant physician required; duties A. Before a physician may perform an abortion upon a pregnant woman whose unborn child is viable, such physician shall first certify in writing that the abortion is necessary to preserve the life or h…
La. Rev. Stat. § 40:1061.14 Minors
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§1061.14. Minors A. No physician shall perform or induce an abortion upon any pregnant woman who is under the age of eighteen years and who is not emancipated judicially or by marriage unless the physician or a qualified person acting as agent of the physician pursuant to R.S. 40…
La. Rev. Stat. § 40:1061.14.1 Fraudulent interference with parental consent
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§1061.14.1. Fraudulent interference with parental consent A. Any person giving parental consent pursuant to R.S. 40:1061.14(A)(1) on behalf of a minor on whom an abortion was completed shall be subject to R.S. 14:70.7 providing penalties for the unlawful production, manufacturing…
La. Rev. Stat. § 40:1061.15 Prevention of forced abortion; signage in abortion facilities
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§1061.15. Prevention of forced abortion; signage in abortion facilities A. This Section shall be known and may be cited as the "Forced Abortion Prevention Sign Act". B. Any licensed outpatient abortion facility as defined by R.S. 40:2175.3 shall conspicuously post a sign in a loc…
La. Rev. Stat. § 40:1061.16 Information on psychological impacts, illegal coercion, abuse, and human
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§1061.16. Information on psychological impacts, illegal coercion, abuse, and human trafficking required prior to abortion; task force on information resources A. The legislature hereby declares that women of this state have a right to know that undergoing an abortion may have ser…
La. Rev. Stat. § 40:1061.17 Woman's right to know
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§1061.17. Woman's right to know A. Legislative findings and purposes. The Legislature of Louisiana finds that: (1) Act No. 435 of the 1978 Regular Session of the Legislature required the obtaining of the informed consent of a pregnant woman to the performance of an abortion. This…
La. Rev. Stat. § 40:1061.17.1 Development of AdoptionOption.La.Gov website; task force
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§1061.17.1. Development of AdoptionOption.La.Gov website; task force The legislature hereby establishes a task force within the Louisiana Department of Health to advise the secretary of the department concerning the preparation of the printed and internet materials provided for i…
La. Rev. Stat. § 40:1061.18 Abortion sought due to rape or certain acts of crime against nature; reporting and
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§1061.18. Abortion sought due to rape or certain acts of crime against nature; reporting and certification A. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of rape, prior to the abortion all of the following…
La. Rev. Stat. § 40:1061.19 Records
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§1061.19. Records A. In addition to any other duty that may be imposed by state law or regulations, each physician who performs or induces an abortion, the medical director of the facility where an abortion is performed or induced, the administrator of an abortion facility, each …
La. Rev. Stat. § 40:1061.2 Discrimination against certain persons; prohibition
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§1061.2. Discrimination against certain persons; prohibition A. No physician, nurse, student or other person or corporation shall be held civilly or criminally liable, discriminated against, dismissed, demoted, or in any way prejudiced or damaged because of his refusal for any re…
La. Rev. Stat. § 40:1061.20 Conscience in health care protection; definitions
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§1061.20. Conscience in health care protection; definitions A.(1) Any person has the right not to participate in, and no person shall be required to participate in any health care service that violates his conscience to the extent that patient access to health care is not comprom…
La. Rev. Stat. § 40:1061.21 Reports
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§1061.21. Reports A. An individual abortion report for each abortion performed or induced shall be completed by the attending physician. The report shall be confidential and shall not contain the name or address of the woman. The report shall include all of the following: (1) Pat…
La. Rev. Stat. § 40:1061.22 Forms
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§1061.22. Forms A. The Louisiana Department of Health shall make available to physicians performing abortions in this state the forms for preparing the records and reports required pursuant to the provisions of this Chapter. B. The provisions of R.S. 40:1061.1 shall apply to this…
La. Rev. Stat. § 40:1061.23 Emergency
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§1061.23. Emergency The provisions of this Chapter shall not apply when a medical emergency compels the immediate performance of an abortion because the continuation of the pregnancy poses an immediate threat and grave risk to the life or serious health risk to the unborn child's…
La. Rev. Stat. § 40:1061.24 Experimentation
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§1061.24. Experimentation A. No person shall experiment on an unborn child or on a child born as the result of an abortion, whether the unborn child or child is alive or dead, unless the experimentation is therapeutic to the unborn child or child. B. The provisions of R.S. 40:106…
La. Rev. Stat. § 40:1061.25 Remains; disposal in accordance with applicable regulations; post-abortion
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§1061.25. Remains; disposal in accordance with applicable regulations; post-abortion harvesting of fetal organs prohibited; penalties A.(1) Each physician who performs or induces an abortion which does not result in a live birth shall ensure that the remains of the child are disp…
La. Rev. Stat. § 40:1061.26 Instructions to be provided subsequent to abortion
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§1061.26. Instructions to be provided subsequent to abortion A. Any physician who shall perform or induce an abortion shall, subsequent to the abortion being performed or induced, provide his patient with specific oral and written medical instructions to be followed by that patie…
La. Rev. Stat. § 40:1061.28 Partial birth abortion; civil action against abortionist
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§1061.28. Partial birth abortion; civil action against abortionist A. No licensed physician or any other person shall perform a partial birth abortion on a female unless the procedure performed is necessary because of a medical emergency or to save the life of the mother. B. Repe…
La. Rev. Stat. § 40:1061.29 Penalties
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§1061.29. Penalties A. Whoever violates the provisions of this Chapter shall be fined not more than one thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or both. B. Whoever violates the provisions of this Chapter shall be subject to a civil…
La. Rev. Stat. § 40:1061.3 Discrimination against hospitals, clinics, etc.; prohibition
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§1061.3. Discrimination against hospitals, clinics, etc.; prohibition No hospital, clinic or other facility or institution of any kind shall be held civilly or criminally liable, discriminated against, or in any way prejudiced or damaged because of any refusal to permit or accomm…
La. Rev. Stat. § 40:1061.30 Suspension or revocation of license; grounds; action to close outpatient abortion
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§1061.30. Suspension or revocation of license; grounds; action to close outpatient abortion clinic A. In addition to any violation of this Chapter, the following acts shall subject licensed outpatient abortion facilities to the provisions of R.S. 40:2175.6 regarding license suspe…
La. Rev. Stat. § 40:1061.31 Compatible with Love Empowerment Act
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§1061.31. Compatible with Love Empowerment Act A. No more than seventy-two hours after a pregnant woman is informed that her unborn child has a fetal abnormality diagnosis, the healthcare provider who gave the diagnosis shall provide to the woman an informational document that in…
