Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:1 Assistant secretary
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§1. Assistant secretary The office of public health shall be administered by an assistant secretary appointed by the governor in accordance with the provisions of R.S. 36:257. Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:10 Preparation for emergency
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§10. Preparation for emergency The state health officer shall at all times keep in readiness one or more medical inspectors and nurses, medicines, clothing, bedding, appliances, tents and other paraphernalia so as to repair to any place in the state that applies to him, when deem…
La. Rev. Stat. § 40:1001 Short title
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§1001. Short title This Part shall be known and may be cited as the "Prescription Monitoring Program Act". Acts 2006, No. 676, §1, eff. July 1, 2006.
La. Rev. Stat. § 40:1003 Definitions
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§1003. Definitions As used in this Part, the following terms shall have the meaning ascribed to them unless the context clearly indicates otherwise: (1) "Administer" or "administration" means the direct application of a drug to the body of a patient by injection, inhalation, inge…
La. Rev. Stat. § 40:1004 Establishment of prescription monitoring program
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§1004. Establishment of prescription monitoring program A. The board shall establish and maintain, in consultation with and upon the recommendation of the advisory council, an electronic system for the monitoring of controlled substances and drugs of concern dispensed in the stat…
La. Rev. Stat. § 40:1005 Prescription Monitoring Program Advisory Council
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§1005. Prescription Monitoring Program Advisory Council A. The advisory council shall consist of the following members, each of whom may appoint a designee: (1) The president of the Louisiana State Board of Medical Examiners. (2) The president of the Louisiana State Board of Dent…
La. Rev. Stat. § 40:1006 Reporting of prescription monitoring information
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§1006. Reporting of prescription monitoring information A. Each dispenser shall submit to the board information regarding each prescription dispensed for a controlled substance or drug monitored by the program. The information submitted for each prescription shall include, at a m…
La. Rev. Stat. § 40:1007 Access to prescription monitoring information and audit trail information
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§1007. Access to prescription monitoring information and audit trail information A. Except as provided in Subsections C, D, E, F, G, H, and I of this Section, prescription monitoring information submitted to the board and audit trail information shall be protected health informat…
La. Rev. Stat. § 40:1008 Education and treatment
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§1008. Education and treatment A. The board shall, in consultation with and upon the recommendation of the advisory council, implement the following education courses: (1) A course for persons who are authorized to access the prescription monitoring information, but who have viol…
La. Rev. Stat. § 40:1009 Unlawful acts and penalties
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§1009. Unlawful acts and penalties A. A dispenser who fails to submit prescription monitoring information to the board as required by this Part, or who fails to correct or amend data after notification by the board, shall be referred to the appropriate professional licensing, cer…
La. Rev. Stat. § 40:101 Commemorative certificate of miscarried child; requirements
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§101. Commemorative certificate of miscarried child; requirements A. The state registrar shall establish a commemorative certificate of miscarried child. For the purposes of this Part, "miscarried child" means an unintentional, spontaneous fetal demise occurring at or prior to th…
La. Rev. Stat. § 40:1010 Evaluation; data analysis; reporting
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§1010. Evaluation; data analysis; reporting A. The board shall, in consultation with and upon recommendation of the advisory council, design and implement an evaluation component to identify cost benefits of the prescription monitoring program and other information relevant to po…
La. Rev. Stat. § 40:1011 Rules and regulations
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§1011. Rules and regulations In accordance with the Administrative Procedure Act, R.S. 49:950 et seq., the board shall promulgate rules and regulations necessary to implement the provisions of this Part. Acts 2006, No. 676, §1, eff. July 1, 2006.
La. Rev. Stat. § 40:1012 Authority to contract
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§1012. Authority to contract In accordance with the Public Bid Law, R.S. 38:2211 et seq., the board shall have the authority to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring prog…
La. Rev. Stat. § 40:1013 Funding authority
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§1013. Funding authority A. The board shall have the authority to make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the prescription monitoring program. B. In the event the legislature…
La. Rev. Stat. § 40:1014 Severability
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§1014. Severability If any provision of this Act or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this…
La. Rev. Stat. § 40:1021 Definitions
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§1021. Definitions A. As used in this Part, unless the context clearly otherwise indicates, the term "drug paraphernalia" means and includes but is not limited to: (1) All equipment, products, and materials of any kind which are used, intended for use, or designed for use in plan…
La. Rev. Stat. § 40:1022 Determination of drug paraphernalia
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§1022. Determination of drug paraphernalia In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concern…
La. Rev. Stat. § 40:1023 Prohibited acts
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§1023. Prohibited acts A. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug paraphernalia. B. It is unlawful for any person or …
La. Rev. Stat. § 40:1023.1 Prohibited acts; unmarried persons under seventeen years of age
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§1023.1. Prohibited acts; unmarried persons under seventeen years of age A. It is unlawful for any person, corporation, or association to sell, lend, rent, lease, give, exchange, exhibit, display, or distribute to any unmarried person under the age of seventeen any drug paraphern…
La. Rev. Stat. § 40:1024 Exceptions; defenses; local needle exchanges
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§1024. Exceptions; defenses; local needle exchanges A. Any provision of law to the contrary herein notwithstanding, the provisions of this Part shall not apply to the manufacture, sale, distribution, or advertisement of any product or object designed and sold primarily for scient…
La. Rev. Stat. § 40:1025 Penalties
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§1025. Penalties A.(1) Except as provided in Subsection E of this Section, the first violation of or failure to comply with any provision of this Part shall subject the offender to a fine not in excess of three hundred dollars, or imprisonment of not more than fifteen days, or bo…
La. Rev. Stat. § 40:1026 Contraband; condemnation proceedings
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§1026. Contraband; condemnation proceedings All instruments, devices, and objects which are seized after the effective date of this Section, on condemnation as being distributed or possessed in violation of this Part, may be destroyed by the authorities making the seizure, but on…
La. Rev. Stat. § 40:1031 Purpose
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§1031. Purpose It is the purpose of this Part to establish a permit system to allow animal control facilities to acquire and administer sodium pentobarbital for the humane euthanasia of sick, homeless, and abandoned animals. Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. Ju…
La. Rev. Stat. § 40:1032 Permit
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§1032. Permit No animal control agency or facility shall purchase, possess, or administer sodium pentobarbital to sick, homeless, injured, or unwanted pets or other domestic and wild animals for their humane euthanasia without the permit required by this Part. Acts 1987, No. 225,…
La. Rev. Stat. § 40:1033 Permit application
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§1033. Permit application Any duly incorporated humane society contracted to perform animal control services by a parish or municipality or any parish or municipal animal control agency may apply to the secretary of the Louisiana Department of Health for a permit to purchase, pos…
La. Rev. Stat. § 40:1034 Permit issuance and conditions
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§1034. Permit issuance and conditions A. The secretary shall not issue a permit to purchase, possess, or administer sodium pentobarbital for the humane euthanasia of animals unless the following criteria have been met: (1) The animal control agency or facility is a duly incorpora…
La. Rev. Stat. § 40:1035 Permit revocation or suspension; inspections
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§1035. Permit revocation or suspension; inspections A. The secretary may revoke or suspend any permit issued hereunder if it is determined that sodium pentobarbital is being used for any purpose other than humane animal euthanasia or that the permitted facility has failed to abid…
La. Rev. Stat. § 40:1036 Rules and regulations
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§1036. Rules and regulations The department may promulgate any rules and regulations necessary to effectuate the purposes of this Chapter. Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1041 Transactions involving proceeds from drug offenses
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§1041. Transactions involving proceeds from drug offenses A. It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds known to be derived from a violation of R.S. 40:966 et seq. when the transaction is designed in whole or in …
La. Rev. Stat. § 40:1042 RS 40:1042
La. Rev. Stat. § 40:1043 RS 40:1043
La. Rev. Stat. § 40:1044 RS 40:1044
La. Rev. Stat. § 40:1045 RS 40:1045
La. Rev. Stat. § 40:1046 Recommendation and sale of marijuana for therapeutic use; production facility
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§1046. Recommendation and sale of marijuana for therapeutic use; production facility licensing; regulations and permitting by the Louisiana Department of Health A.(1) Notwithstanding any other provision of this Part, any clinician authorized by the provisions of Subsection B of t…
La. Rev. Stat. § 40:1046.1 Sale of marijuana for therapeutic use to visiting qualifying patients
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§1046.1. Sale of marijuana for therapeutic use to visiting qualifying patients A. As used in this Part, the following terms have the meaning ascribed in this Subsection: (1) "Debilitating medical condition" has the meaning ascribed in R.S. 40:1046(A)(2)(a). (2) "Department" means…
La. Rev. Stat. § 40:1046.2 Licensees; minimum standards
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§1046.2. Licensees; minimum standards A. The licensee to cultivate, extract, process, produce, and transport therapeutic marijuana shall be subject to oversight and inspections by the Louisiana Department of Health as provided in this Section. B. Initial inspections of facilities…
La. Rev. Stat. § 40:1046.3 Therapeutic marijuana laboratory; licensure and renewal requirements
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§1046.3. Therapeutic marijuana laboratory; licensure and renewal requirements A.(1) Prior to analyzing, testing, or handling therapeutic marijuana in Louisiana, an applicant for a therapeutic marijuana laboratory license shall submit an initial license application on a form and i…
La. Rev. Stat. § 40:1046.4 Testing; sample collection; minimum standards; reporting; remediation
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§1046.4. Testing; sample collection; minimum standards; reporting; remediation A.(1) Each licensee authorized to cultivate, extract, process, produce, and transport therapeutic marijuana pursuant to this Part shall comply with approved minimum standards by making each batch of th…
La. Rev. Stat. § 40:1047 Permits relating to production of therapeutic marijuana; contractors of licensed
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§1047. Permits relating to production of therapeutic marijuana; contractors of licensed producers; permit application requirements; authorization to obtain criminal history record information A. As used in this Section, the following terms have the meaning ascribed to them in thi…
La. Rev. Stat. § 40:1049 RS 40:1049
La. Rev. Stat. § 40:1049.1 Short title
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§1049.1. Short title This Part may be referred to and may be cited as the "Ephedrine, Pseudoephedrine, and Phenylpropanolamine Monitoring Act". Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:1049.10 Transmission of information contingent on functionality of central computer monitoring system
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§1049.10. Transmission of information contingent on functionality of central computer monitoring system A. The transmittal of transaction information of products containing ephedrine, pseudoephedrine, and phenylpropanolamine as authorized by the provisions of this Part is conting…
La. Rev. Stat. § 40:1049.11 Limitation of liability
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§1049.11. Limitation of liability A. The owner or operator of a retail pharmacy, who has submitted to the United States Attorney General a self-certification in accordance with the requirements of 21 U.S.C. 830(e) regarding training of employees engaged in the sale of products co…
La. Rev. Stat. § 40:1049.2 Legislative findings
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§1049.2. Legislative findings A. The Louisiana Legislature recognizes the devastating effect methamphetamine production has had on its citizens. B. Methamphetamine is unique in that it is a synthetic drug which can be produced by someone who does not possess specialized skill or …
La. Rev. Stat. § 40:1049.3 Restriction on the sale of nonprescription products containing ephedrine,
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§1049.3. Restriction on the sale of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers A. A nonprescription material, compound, mixture, or preparation containing any detectable quan…
La. Rev. Stat. § 40:1049.4 Central computer monitoring system; system requirements
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§1049.4. Central computer monitoring system; system requirements A. In order to facilitate the monitoring of sales of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine the pharmacist, certified pharmacy technician, or other pharmacy employee s…
La. Rev. Stat. § 40:1049.5 Funding sources; no fees on pharmacists or pharmacies
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§1049.5. Funding sources; no fees on pharmacists or pharmacies A. Funding for the acquisition, implementation, and operation of the central computer monitoring system shall be funded through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohi…
La. Rev. Stat. § 40:1049.6 Shared information; state police; sheriffs
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§1049.6. Shared information; state police; sheriffs A. The Department of Public Safety and Corrections, office of state police shall share the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions …
La. Rev. Stat. § 40:1049.7 Board of pharmacy access to information
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§1049.7. Board of pharmacy access to information The Department of Public Safety and Corrections, office of state police, shall provide access to the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the prov…