Terms Used In Louisiana Revised Statutes > Title 17 > Chapter 12 - Scientific Research

• Adjusted risk-based capital report: means a risk-based capital report which has been adjusted by the commissioner in accordance with La. See Louisiana Revised Statutes 22:631
• administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
• Adult: means a person who has attained eighteen years of age. See Louisiana Revised Statutes 17:2351
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means a person:

              (a) Authorized to make health care decisions on behalf of the principal by a power of attorney for health care; or

              (b) Expressly authorized to make an anatomical gift on behalf of the principal by any other record signed by the principal. See Louisiana Revised Statutes 17:2351

• Articles: means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only. See Louisiana Revised Statutes 6:201
• Authorized-control level risk-based capital: means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
• Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
• Biosciences: means any of the branches of natural science dealing with the structure and behavior of living organisms, including but not limited to research, development, manufacture, testing, marketing and/or distribution of pharmaceuticals, biotechnology products, and medical devices that will eventually be used by healthcare providers to treat, cure, prevent, or mitigate disease or conditions. See Louisiana Revised Statutes 33:9039.65
• Board: means Louisiana Gaming Control Board. See Louisiana Revised Statutes 27:353
• board of supervisors: means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Chapter have been given by law. See Louisiana Revised Statutes 33:9039.13
• Bond: includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates. See Louisiana Revised Statutes 33:9039.13
• Bond: means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper, capital leases, revenue bonds, or other obligations or evidences of indebtedness authorized to be issued by the district. See Louisiana Revised Statutes 33:9039.65
• Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:631
• Community home: means a facility certified, licensed, or monitored by the Louisiana Department of Health to provide resident services and supervision to six or fewer persons who have mental illness or developmental disabilities. See Louisiana Revised Statutes 28:477
• Company-action level risk-based capital: means two hundred percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservator: means the commissioner or his designee. See Louisiana Revised Statutes 6:381
• Continuance: Putting off of a hearing ot trial until a later time.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corrective order: means an order issued by the department specifying corrective actions which are required. See Louisiana Revised Statutes 22:611
• Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Louisiana Revised Statutes 22:631
• Cost: when used with reference to any project, includes but is not limited to:

  (a)  The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. See Louisiana Revised Statutes 33:9039.13

• Cost participation: means fees or other charges through which families share in the cost for early intervention services provided pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 28:462
• Council: means the Louisiana State Interagency Coordinating Council for EarlySteps established pursuant to La. See Louisiana Revised Statutes 28:462
• Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
• Decedent: means a deceased person whose body or part is or may be the source of an anatomical gift. See Louisiana Revised Statutes 17:2351
• Decedent: A deceased person.
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:462
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:477
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
• Designated gaming area: means the contiguous area of an eligible live racing facility at which gaming may be conducted in accordance with the provisions of this Chapter, determined by measuring the area, in square feet, inside the interior walls of the licensed eligible facility, excluding any space therein in which gaming activities may not be conducted, such as bathrooms, stairwells, cage and beverage areas, and emergency evacuation routes of any width that meet or exceed the minimum size required by law. See Louisiana Revised Statutes 27:353
• Devise: To gift property by will.
• Discharge: means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter. See Louisiana Revised Statutes 28:2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the person who makes, amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited special care and concern for the person. See Louisiana Revised Statutes 17:2351
• district: means a special district as provided in La. See Louisiana Revised Statutes 33:9039.13
• District: means the BioDistrict New Orleans as further defined in La. See Louisiana Revised Statutes 33:9039.65
• District roads: means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds and descriptions. See Louisiana Revised Statutes 33:9039.13
• Document of gift: means a donor card or other record used to make an anatomical gift. See Louisiana Revised Statutes 17:2351
• Donor: means a person whose body or part is the subject of an anatomical gift. See Louisiana Revised Statutes 17:2351
• Donor: The person who makes a gift.
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations thereof. See Louisiana Revised Statutes 17:2351
• Early intervention services: means developmental services that:

              (a) Are provided under public supervision. See Louisiana Revised Statutes 28:462

• Eligible facility: means no more than one facility in St. See Louisiana Revised Statutes 27:353
• Executor: A male person named in a will to carry out the decedent
• Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Louisiana Revised Statutes 17:2351
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• gift: means a donation of all or part of a human body to take effect after the death of the donor for the purpose of transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of a person. See Louisiana Revised Statutes 17:2351
• 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.
• Health organization: means a health maintenance organization licensed under Subpart I of Part I of this Chapter, a limited health service organization which bears risk, dental or vision plan which bears risk, hospital, medical and dental indemnity or service corporation which bears risk, provider-sponsored organization which bears risk, or other risk-bearing managed care organization licensed under this Title. See Louisiana Revised Statutes 22:631
• Hospital: means a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Louisiana Revised Statutes 17:2351
• IDEA: means the federal Individuals with Disabilities Education Act. See Louisiana Revised Statutes 28:462
• Identification card: means a card issued by the Louisiana Department of Public Safety and Corrections, office of motor vehicles. See Louisiana Revised Statutes 17:2351
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Infant or toddler with a disability: means an individual under three years of age who needs early intervention services because of either of the following:

              (i) The individual is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in the areas of cognitive development, physical development, communication development, social or emotional development, or adaptive development. See Louisiana Revised Statutes 28:462

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Know: means to have actual knowledge. See Louisiana Revised Statutes 17:2351
• Landowner: means the owner of immovable property as it appears in the official records of the parish, including a trustee, a private corporation, and an owner of a condominium unit. See Louisiana Revised Statutes 33:9039.13
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means the authorization applied for by or issued to the owner of an eligible facility by the board to conduct slot machine gaming at an eligible facility issued pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 27:353
• Licensee: means any person issued a license by the board. See Louisiana Revised Statutes 27:353
• Life or health and accident insurer: means any insurance company possessing a certificate of authority in the state that issues the kind of insurance listed in La. See Louisiana Revised Statutes 22:611
• Mandatory-control level risk-based capital: means seven-tenths of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
• Mandatory-control level risk-based capital: means the product of seventy hundredths and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
• Manufacturer: means any person who manufactures or assembles and programs slot machines for use in this state. See Louisiana Revised Statutes 27:353
• Minor: means a person who has not yet attained eighteen years of age. See Louisiana Revised Statutes 17:2351
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:611
• Net slot machine proceeds: means the total of all cash and property received by a licensee from slot machine gaming operations minus the amount of cash or prizes paid to winners and five million dollars annually directly attributable to promotional play wagers. See Louisiana Revised Statutes 27:353
• Oath: A promise to tell the truth.
• Organ procurement organization: means a person designated by the secretary of the United States Department of Health and Human Services as an eye bank, organ procurement organization, or tissue bank. See Louisiana Revised Statutes 17:2351
• Parent: means a person whose parental rights have not been terminated. See Louisiana Revised Statutes 17:2351
• Parent: means a person who meets the definition of such term in federal regulations relative to early intervention programs for infants and toddlers with disabilities and their families (34 C. See Louisiana Revised Statutes 28:462
• Part: means an organ, an eye, or tissue of a human being. See Louisiana Revised Statutes 17:2351
• 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.
• Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Louisiana Revised Statutes 17:2351
• Physician: means a person authorized and licensed to practice medicine or osteopathy under the laws of any state. See Louisiana Revised Statutes 17:2351
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probate: Proving a will
• Project: means any development, improvement, property, utility, facility, works, enterprise, or service hereafter undertaken or established under the provisions of this Chapter. See Louisiana Revised Statutes 33:9039.13
• Project: means a project as defined in La. See Louisiana Revised Statutes 33:9039.65
• Property and casualty insurer: means any insurance company possessing a certificate of authority in the state that issues insurance other than the kinds specified in La. See Louisiana Revised Statutes 22:611
• Prospective donor: means a person who is dead or near death and has been determined by a procurement organization to have a part that may be medically suitable for transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
• Quorum: The number of legislators that must be present to do business.
• Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Louisiana Revised Statutes 17:2351
• Receivership court: means the district court for the parish in which the state bank is domiciled. See Louisiana Revised Statutes 6:381
• Recipient: means a person into whose body a part of a decedent has been or is intended to be transplanted. See Louisiana Revised Statutes 17:2351
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 17:2351
• Refusal: means a record created pursuant to the provisions of La. See Louisiana Revised Statutes 17:2351
• Regulatory-action level risk-based capital: means one hundred fifty percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
• Regulatory-action level risk-based capital: means the product of one and one half and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
• Revenue bonds: means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on immovable or movable property and which do not pledge the property, credit, or general tax revenue of the district. See Louisiana Revised Statutes 33:9039.13
• Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the NAIC, as such risk-based capital instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:611
• Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the National Association of Insurance Commissioners, as these risk-based capital instructions may be amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:631
• Risk-based capital level: means an action level risk-based capital, regulatory action level risk-based capital, authorized control level risk-based capital, or mandatory control level risk-based capital of an insurer where:

  (a)  "Authorized-control level risk-based capital" means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:611

• Risk-based capital plan: means a comprehensive financial plan containing the requirements of La. See Louisiana Revised Statutes 22:611
• Risk-based capital plan: means a comprehensive financial plan containing the elements specified in La. See Louisiana Revised Statutes 22:631
• Risk-based capital report: means the report required pursuant to La. See Louisiana Revised Statutes 22:611
• Risk-based capital report: means the report required in La. See Louisiana Revised Statutes 22:631
• Service of process: The service of writs or summonses to the appropriate party.
• Service technician: means any person other than a licensee or manufacturer who repairs, services, inspects, or examines slot machines. See Louisiana Revised Statutes 27:353
• Sign: means , with the present intent to authenticate or adopt a record either:

              (a) To execute or adopt a tangible symbol. See Louisiana Revised Statutes 17:2351

• Slot machine: means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the payoff is made automatically from the machine or in any other manner. See Louisiana Revised Statutes 27:353
• Slot machine gaming: means the use, operation, offering, or conducting of slot machines at an eligible facility in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:353
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Louisiana Revised Statutes 17:2351
• Subpoena: A command to a witness to appear and give testimony.
• Technician: means any individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See Louisiana Revised Statutes 17:2351
• Testify: Answer questions in court.
• Tissue: means a portion of the human body other than an organ or an eye. See Louisiana Revised Statutes 17:2351
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Louisiana Revised Statutes 17:2351
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total adjusted capital: means the sum of:

  (a)  An insurer's statutory capital and surplus. See Louisiana Revised Statutes 22:611

• Total adjusted capital: means the sum of the following:

  (a)  A health organization's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under La. See Louisiana Revised Statutes 22:631

• Transfer: means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
• Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
• Venue: The geographical location in which a case is tried.
• Water management and control facilities: means any lakes, canals, ditches, reservoirs, dams, levees, floodways, pumping stations, or any other works, structures, or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes incidental thereto. See Louisiana Revised Statutes 33:9039.13