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0 chapters · 2,393 sections in this title.
La. Rev. Stat. § 40:1289.2 Definition
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§1289.2. Definition For purposes of this Subpart, the term "mold" means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include but are not limited to cladosporium, alternaria, aspergillus, trichoderma, memnoniella, mu…
La. Rev. Stat. § 40:1289.3 Toxic Mold Task Force; creation; composition; meetings
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§1289.3. Toxic Mold Task Force; creation; composition; meetings A. The legislature hereby creates within the Louisiana Department of Health the Louisiana Toxic Mold Task Force, referred to hereafter in this Subpart as the "task force", which shall be composed of the following mem…
La. Rev. Stat. § 40:1289.4 Functions and duties of the task force; report to the governor and legislature
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§1289.4. Functions and duties of the task force; report to the governor and legislature A. The functions of the task force shall include all of the following: (1) Serve as an advisory body to the legislature on policies and practices that protect all people of this state, particu…
La. Rev. Stat. § 40:1289.5 Termination
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§1289.5. Termination The provisions of this Subpart shall terminate on January 1, 2024. Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.415 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
La. Rev. Stat. § 40:1291.1 Short title
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§1291.1. Short title This Part shall be known and may be cited as the "Louisiana Smokefree Air Act." Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1300.251 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1291.11 General smoking prohibitions; exemptions
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§1291.11. General smoking prohibitions; exemptions A. Except as permitted by Subsection B of this Section, no person shall: (1) Smoke in any public building. (2) Smoke in any school. (3) Smoke in any public place and in any enclosed area within a place of employment. (4) Smoke in…
La. Rev. Stat. § 40:1291.2 Purpose
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§1291.2. Purpose The legislature finds and determines that it is in the best interest of the people of this state to protect nonsmokers from involuntary exposure to secondhand smoke. The legislature further finds and determines that a balance should be struck between the health c…
La. Rev. Stat. § 40:1291.21 Notice of prohibition of smoking
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§1291.21. Notice of prohibition of smoking A. "No smoking" signs or the international "No smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it shall be clearly and conspicuously posted by the owner, oper…
La. Rev. Stat. § 40:1291.22 Enforcement; penalties
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§1291.22. Enforcement; penalties A.(1) Any violation of any prohibition in R.S. 40:1291.11(A) may be cited by any law enforcement officer by the issuance of a citation and summons to appear before a court of proper jurisdiction. (2) Such citations shall be in a form such that the…
La. Rev. Stat. § 40:1291.23 Development of smoke-free policies
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§1291.23. Development of smoke-free policies A.(1) Public postsecondary education institutions shall develop smoke-free policies for its campuses. (2) For the purposes of this Section, "smoke-free" means the prohibition of smoking as defined in R.S. 40:1291.3(14). B.(1) Nothing i…
La. Rev. Stat. § 40:1291.24 Smoking prohibited near school property; exceptions; penalty
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§1291.24. Smoking prohibited near school property; exceptions; penalty A. Smoking, as defined in this Part, shall not be permitted, and no person shall smoke within two hundred feet of the entrances, exits, or outdoor areas of any public or private elementary or secondary school.…
La. Rev. Stat. § 40:1291.3 Definitions
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§1291.3. Definitions For the purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alc…
La. Rev. Stat. § 40:1293.1 Louisiana Superdome; smoking regulation
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§1293.1. Louisiana Superdome; smoking regulation A. It is the public policy of this state to protect the health, comfort, and environment of the people of this state. B. Smoking shall be prohibited in all areas of the Louisiana Superdome. C. "Smoking" means the carrying of a ligh…
La. Rev. Stat. § 40:1293.2 Senator Nat G
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§1293.2. Senator Nat G. Kiefer University of New Orleans Lakefront Arena; smoking regulation A. It is the public policy of this state to protect the health, comfort, and environment of the people of this state. B. Smoking shall be prohibited in all areas of the Senator Nat G. Kie…
La. Rev. Stat. § 40:1293.3 State office buildings; smoking regulation; enforcement
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§1293.3. State office buildings; smoking regulation; enforcement A. The requirements set forth in this Section shall apply to all buildings owned by the state which are utilized primarily as office buildings, referred to hereafter in this Part as "state office buildings". B. In a…
La. Rev. Stat. § 40:1295 Smoking cessation benefits program; medical assistance program; coverage
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§1295. Smoking cessation benefits program; medical assistance program; coverage A. For the purposes of this Section, the following terms have the following meanings: (1) "Department" means the Louisiana Department of Health. (2) "Medical assistance program" means the medical assi…
La. Rev. Stat. § 40:1295.1 Legislative findings; purpose
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§1295.1. Legislative findings; purpose A. The legislature hereby finds and declares the following: (1) Cigarette smoking is a leading cause of preventable death in our state and nation. (2) Though smoking-related illnesses and deaths and their associated human and economic costs …
La. Rev. Stat. § 40:1295.2 Definitions
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§1295.2. Definitions As used in this Part, the following terms have the meaning ascribed in this Section: (1) "Department" means the Louisiana Department of Health. (2) "Smoking Cessation Trust" and "trust" mean the organization of that name which incorporated in Louisiana pursua…
La. Rev. Stat. § 40:1295.3 Public information concerning smoking cessation
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§1295.3. Public information concerning smoking cessation A. The department shall establish and maintain on its internet website a link to the website of the Smoking Cessation Trust, along with summary information on programs and services offered by the trust. B. The department ma…
La. Rev. Stat. § 40:1295.4 Program coordination
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§1295.4. Program coordination A. The secretary of the department is hereby authorized to coordinate, to the extent he deems practical and appropriate, the programs of the office of public health, the Medicaid coordinated care network program, and any other program of the departme…
La. Rev. Stat. § 40:1295.5 Termination
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§1295.5. Termination The provisions of this Part shall terminate on January 1, 2022, and thereafter shall be null, void, and without effect. Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.
La. Rev. Stat. § 40:13 Expenses of parish health units
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§13. Expenses of parish health units A. The governing body of each parish shall provide ample means for the maintenance and operation of its parish health units or departments and for the promotion and conservation of public health. For the purposes of this Title they shall be kn…
La. Rev. Stat. § 40:1300 Use of public monies for human cloning; prohibition; exceptions
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§1300. Use of public monies for human cloning; prohibition; exceptions A. Notwithstanding any other provision of law to the contrary, public funds, including tax proceeds, funds received from the federal government, or other revenues of the state or political subdivisions thereof…
La. Rev. Stat. § 40:1300.11 Definitions
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§1300.11. Definitions For the purposes of this Part "mass meeting" shall mean any gathering or the prospective gathering of over five thousand people; provided that the term "mass meeting" shall not include meetings and assemblies of members of bona fide labor organizations when …
La. Rev. Stat. § 40:1300.12 Permits
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§1300.12. Permits A. In parishes with a population of less than two hundred thousand the governing authority may, by ordinance, provide for the regulation and issuance of permits for mass meetings in the interest of public health and safety. Such ordinance may specify objective a…
La. Rev. Stat. § 40:1300.13 Application of Part; exceptions
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§1300.13. Application of Part; exceptions The provisions of this Part shall apply to all groups, associations or organizations, except meetings and assemblies of the members of bona fide labor organizations when said meetings are held in furtherance of any legitimate collective b…
La. Rev. Stat. § 40:1300.21 Furnishing and maintaining of resuscitators; penalties
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§1300.21. Furnishing and maintaining of resuscitators; penalties A. At each publicly supervised swimming place there shall be located at least one resuscitator in adequate operating condition furnished and maintained by the governing authority which operates or supervises the swi…
La. Rev. Stat. § 40:1300.31 Title
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§1300.31. Title This Part may be referred to as the Uniform Duties to Disabled Persons Act. Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.71 by HCR 84 of 2015 R.S. NOTE: Former R.S. 40:1300.31 redesignated as R.S. 40:1191.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1300.32 Definitions
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§1300.32. Definitions As used in this Part, unless the context clearly requires otherwise: (1) "Disabled conditions" means the condition of being unconscious, semiconscious, incoherent, or otherwise incapacitated to communicate. (2) "Disabled person" means a person in a disabled …
La. Rev. Stat. § 40:1300.33 Identifying devices for persons having certain conditions
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§1300.33. Identifying devices for persons having certain conditions A. Any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary blackouts, semiconscious periods, or complete unconsciousness, or who suffers from a con…
La. Rev. Stat. § 40:1300.34 Duty of law enforcement officer
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§1300.34. Duty of law enforcement officer A. Each law enforcement officer shall make a diligent effort to determine whether any disabled person he finds suffers from epilepsy, diabetes, or some other type of illness which would cause the condition. Whenever feasible, this effort …
La. Rev. Stat. § 40:1300.35 Duty of medical practitioners
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§1300.35. Duty of medical practitioners A. Any medical practitioner, in discharging his duty to a disabled person whom he has undertaken to examine or treat, shall make a reasonable search for an identifying device, and, if the identifying device is found, may make a reasonable s…
La. Rev. Stat. § 40:1300.36 Duty of others
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§1300.36. Duty of others A. Any person, other than a law enforcement officer or medical practitioner, who finds a disabled person shall make a reasonable effort to notify a law enforcement officer or medical practitioner. If a law enforcement officer or medical practitioner is no…
La. Rev. Stat. § 40:1300.37 Falsifying identification or misrepresenting condition
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§1300.37. Falsifying identification or misrepresenting condition Any person who, with intent to deceive, provides, wears, uses, or possesses a false identifying device or identification card of the type described in Section 1300.33(B) shall be guilty of a misdemeanor and, upon co…
La. Rev. Stat. § 40:1300.41 Short title
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§1300.41. Short title This Part shall be known and may be cited as the "Restroom Access Act". Acts 2021, No. 444, §1; Acts 2022, No. 271, §9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.1.
La. Rev. Stat. § 40:1300.42 Definitions
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§1300.42. Definitions As used in this Part, the following terms have the following meanings ascribed to them unless the context clearly indicates otherwise: (1) "Eligible medical condition" means Crohn's disease, ulcerative colitis, inflammatory bowel disease, irritable bowel dis…
La. Rev. Stat. § 40:1300.43 Restroom access
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§1300.43. Restroom access A. Any retail establishment that has a restroom for employee use, which does not permit individuals to access the employee restroom, shall allow an individual to use the restroom during normal business hours if the restroom is maintained in a reasonably …
La. Rev. Stat. § 40:1300.44 Liability
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§1300.44. Liability A. A retail establishment or an employee of a retail establishment shall not be liable for any act or omission when an individual is allowed access to an employee restroom pursuant to the provisions of this Part, if such act or omission meets all of the follow…
La. Rev. Stat. § 40:1300.51 Short title
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§1300.51. Short title This Part shall be known and may be cited as the " Don Scoggins Law". Acts 2023, No. 367, §1; Acts 2024, No. 666, §1.
La. Rev. Stat. § 40:1300.52 Legislative findings
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§1300.52. Legislative findings The legislature hereby finds and affirms all of the following: (1) Leaving the safety and comfort of one's home to enter an inpatient healthcare facility is a very scary experience for an individual regardless of the reason for entering the facility…
La. Rev. Stat. § 40:1300.53 Applicability
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§1300.53. Applicability The provisions of this Part shall apply to all of the following: (1) Licensed centers that provide care for persons with developmental disabilities as defined in R.S. 28:751. (2) Hospitals as defined in R.S. 40:2102. (3) Licensed facilities that provide in…
La. Rev. Stat. § 40:1300.54 In-person visitation policies; requirements
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§1300.54. In-person visitation policies; requirements A. In accordance with R.S. 40:2005, any person eighteen years or older may designate those individuals who will not be denied access to visit him in person during any stay in any hospital, nursing home, or other healthcare fac…
La. Rev. Stat. § 40:1300.55 Designation of an essential caregiver; circumstances for visitation
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§1300.55. Designation of an essential caregiver; circumstances for visitation A.(1) Any facility identified in R.S. 40:1300.53 shall allow in-person visitation by a designated essential caregiver daily in addition to any other visitation provisions authorized by the facility. How…
La. Rev. Stat. § 40:1300.61 Short title
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§1300.61. Short title This Part shall be known and may be cited as the "Local Option for Mitragynine Speciosa". Acts 2023, No. 416, §2.
La. Rev. Stat. § 40:1300.62 Definitions
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§1300.62. Definitions As used in this Part, the following terms have the following meanings ascribed to them unless the context clearly indicates otherwise: (1) "Local government" means a parish or municipality, as provided pursuant to Article VI, Sections 1 and 2 of the Constitu…
La. Rev. Stat. § 40:1300.63 Local government prohibition or regulation
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§1300.63. Local government prohibition or regulation Notwithstanding any other provision of law to the contrary, a local government may enact an ordinance to prohibit the sale or distribution of mitragynine speciosa products or to regulate the sale or distribution of mitragynine …
La. Rev. Stat. § 40:1300.71 Short title
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§1300.71. Short title This Part shall be known and may be cited as the "Hope for Louisiana Patients Law". Acts 2024, No. 750, §1.
La. Rev. Stat. § 40:1300.72 Definitions
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§1300.72. Definitions As used in this Part, the following terms have the meanings ascribed to them: (1) "Eligible facility" means an institution that is operating with a Federalwide Assurance for the Protection of Human Subjects, in accordance with 42 U.S.C. 289(a) and 45 CFR Par…
La. Rev. Stat. § 40:1300.73 Individualized investigational drugs; facility and manufacturer abilities
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§1300.73. Individualized investigational drugs; facility and manufacturer abilities A. A manufacturer operating within an eligible facility and in accordance with all applicable Federalwide Assurance for the Protection of Human Subjects laws and regulations may make available an …
La. Rev. Stat. § 40:1300.74 Coverage expansion; permissible; not required
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§1300.74. Coverage expansion; permissible; not required A. This Part shall not expand the coverage required of an insurer in accordance with any provisions of Title 22 of the Louisiana Revised Statutes of 1950. B. A health plan, third-party administrator, or governmental agency m…
