§ 40:1061 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:
§ 40:1061.1 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 Uni
§ 40:1061.1.1 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
§ 40:1061.1.2 A. This Section may be cited as the “Pain-Capable Unborn Child Protection Act”.
§ 40:1061.1.3 A. This Section shall be known and may be cited as the “Louisiana Unborn Child Protection from Dismemberment Abortion Act”.
§ 40:1061.1.5 NOTE: §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 Legisla
§ 40:1061.2 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 dama
§ 40:1061.3 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
§ 40:1061.4 A. The term governmental assistance as used in this Section shall include federal, state and local grants, loans and all other forms of financial and other aid from any level of gove
§ 40:1061.5 No person employed by the state of Louisiana, by contract or otherwise, or any subdivision or agency thereof, and no person employed in any public or private social service agency, b
§ 40:1061.6 A.(1) Notwithstanding any other provision of law to the contrary, no public funds, made available to any institution, board, commission, department, agency, official, or employee of
§ 40:1061.7 A. No employee of or representative acting on behalf of an organization, individual, or any other entity that performs elective abortion, or of an affiliate as defined in Subsection
§ 40:1061.10 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 is currently
§ 40:1061.11 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
§ 40:1061.11.1 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
§ 40:1061.12 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
§ 40:1061.13 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 pres
§ 40:1061.14 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 phy
§ 40:1061.14.1 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 fo
§ 40:1061.15 A. This Section shall be known and may be cited as the “Forced Abortion Prevention Sign Act”.
§ 40:1061.16 A. The legislature hereby declares that women of this state have a right to know that undergoing an abortion may have serious psychological impacts, including severe emotional distre
§ 40:1061.17 A. Legislative findings and purposes. The Legislature of Louisiana finds that:
§ 40:1061.17.1 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 inte
§ 40:1061.18 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 requirem
§ 40:1061.19 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 ab
§ 40:1061.20 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 patien
§ 40:1061.21 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
§ 40:1061.22 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 p
§ 40:1061.23 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
§ 40:1061.24 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 th
§ 40:1061.25 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 disposed of by interment or cremation, i
§ 40:1061.26 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 inst
§ 40:1061.28 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
§ 40:1061.29 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.
§ 40:1061.30 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 suspen

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5 - Health Provisions: Abortion

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board: means the Louisiana Gaming Control Board, as established by La. See Louisiana Revised Statutes 27:402
  • Chambers: A judge's office.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Dependent: A person dependent for support upon another.
  • Device operation: means the privilege of operating a video draw poker device in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:402
  • Device owner: means a person other than a distributor, who owns and operates, maintains, repairs, or services one or more video draw poker devices in licensed establishments. See Louisiana Revised Statutes 27:402
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means any person who buys, sells, leases, services, or repairs video draw poker devices and provides a facility for the inspection of those devices as required by the division. See Louisiana Revised Statutes 27:402
  • Docket: A log containing brief entries of court proceedings.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Institutional investor: means a person that is:

                (a) A plan or trust established and maintained by the United States government, a state, a political subdivision of a state for the benefit of their respective employees. See Louisiana Revised Statutes 27:402

  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Licensed establishment: means an establishment that has a Class A-General retail permit or a Class A-Restaurant permit as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption or a Louisiana state racing commission licensed race track, pari-mutuel wagering facility, or offtrack wagering facility, or a qualified truck stop facility as defined in La. See Louisiana Revised Statutes 27:402
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means any person who manufactures or assembles and programs video draw poker devices for use in this state. See Louisiana Revised Statutes 27:402
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • motel: means an operating commercial establishment which possesses all appropriate licensing as a hotel or motel and which is engaged primarily in the renting of rooms, generally at a daily rate basis, which provides overnight lodging to the general public. See Louisiana Revised Statutes 27:402
  • Net device revenue: means the gross revenue of a device less the value of prizes paid as shown on the meters of the device. See Louisiana Revised Statutes 27:402
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Service entity: means any person other than a distributor or device owner who repairs, services, inspects, or examines video draw poker devices. See Louisiana Revised Statutes 27:402
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • suitability requirements: means the criteria provided for in La. See Louisiana Revised Statutes 27:402
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trustee: A person or institution holding and administering property in trust.
  • Video draw poker: means any card game approved by the division that utilizes one or more decks of cards per hand with multiple hands permitted per game. See Louisiana Revised Statutes 27:402
  • Video draw poker device: means any unit, mechanism, or device authorized pursuant to the provisions of this Chapter, that, upon insertion of a ticket voucher or cash, is available to play or simulate the play of the game of draw poker, or other card games approved by the division utilizing a video display and microprocessors in which the player may win games or credits that can be redeemed for cash only. See Louisiana Revised Statutes 27:402
  • Video draw poker employee: means a person issued a permit pursuant to the provisions of La. See Louisiana Revised Statutes 27:402
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.