§ 3:121 The purpose of this Part is to promote, foster, and encourage the intelligent and orderly marketing of agricultural products through co-operation.
§ 3:122 Terms defined
§ 3:123 Who may organize
§ 3:124 A. An association may be organized to engage in any activity in connection with the marketing or selling of the agricultural products of its members, or with the harvesting, preservi
§ 3:125 Each association incorporated under this Part shall have the following powers:
§ 3:126 Members
§ 3:127 Articles of association
§ 3:128 §128. Amendments to articles of incorporation
§ 3:129 By-laws
§ 3:130 General and special meetings; how called
§ 3:131 Directors; election
§ 3:132 Election of officers
§ 3:133 Stock; membership certificates; when issued; voting; liability; limitations on transfer and ownership
§ 3:134 Removal of officer or director
§ 3:135 Referendum
§ 3:136 Marketing contract
§ 3:137 Remedies for breach of contract
§ 3:138 Purchasing business of other associations, persons, firms or corporations; payment; stock issued
§ 3:139 Conflicting laws not to apply
§ 3:140 Limitation of use of term “co-operative”
§ 3:141 Interest in other corporations or associations
§ 3:142 Contracts and agreements with other associations
§ 3:143 Associations heretofore organized may adopt these provisions
§ 3:144 How associations organized in another state may carry on business in this state
§ 3:145 Breach of marketing contract of co-operative associations; spreading false reports about the finances or management thereof
§ 3:146 Associations not in restraint of trade
§ 3:147 Annual license fees
§ 3:149 Application of general corporation laws

Terms Used In Louisiana Revised Statutes > Title 3 > Chapter 2 > Part II - Co-Operative Marketing Associations

  • Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed upon the basis of such interest and mortality assumptions as are adopted by the board or provided in law. See Louisiana Revised Statutes 11:3682
  • addiction: means a compulsive disorder in which an individual becomes preoccupied with obtaining and using a substance, despite adverse social, psychological, or physical consequences, the continued use of which results in a decreased quality of life. See Louisiana Revised Statutes 40:961
  • Administer: means to deliver under the auspices of a registered practitioner a controlled dangerous substance to the ultimate user or human research subject by injection, or for inhalation, or ingestion, or by any other means except where otherwise provided by law. See Louisiana Revised Statutes 40:961
  • administration: means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means. See Louisiana Revised Statutes 40:1003
  • Advanced life support: means an advanced level of pre-hospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized in writing by the secretary pursuant to department regulations. See Louisiana Revised Statutes 40:1075.3
  • Advisory council: means the entity established in La. See Louisiana Revised Statutes 40:1003
  • aerosol: shall mean a material which is dispensed from its container as a mist, spray, or foam by a propellant under pressure. See Louisiana Revised Statutes 40:1057.1
  • Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof. See Louisiana Revised Statutes 40:961
  • Aggregate: means the gross weight of an exhibit of evidence. See Louisiana Revised Statutes 40:961
  • Agricultural products: include horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and other farm products;

    (2)  "Member" includes actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

    (3)  "Association" means any association organized under this Part; and,

    (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

  • Amortization: Paying off a loan by regular installments.
  • Annuity: means payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:701
  • Appraisal: A determination of property value.
  • Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
  • 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
  • Association: means any association organized under this Part; and,

    (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

  • Audit trail information: means information submitted or produced regarding requests for prescription monitoring program data that the board or other individual as specified by this Part uses to help monitor compliance with this Part and other applicable statutes, rules, or regulations. See Louisiana Revised Statutes 40:1003
  • Authorized positions: means the number of positions approved by the legislature in an appropriation bill to be funded by the salaries continuing category of the accounting system for the state. See Louisiana Revised Statutes 39:2
  • average compensation: means his average earnable compensation for the five highest successive years of employment, or the highest five successive joined years where interruption of service occurred. See Louisiana Revised Statutes 11:701
  • Basic life support: means a basic level of pre-hospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the secretary. See Louisiana Revised Statutes 40:1075.3
  • Beneficiary: means any person designated to receive a pension, an annuity, a retirement allowance, or other benefit as provided by this Subpart. See Louisiana Revised Statutes 11:3682
  • Board: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 40:1003
  • Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 40:1103.2
  • Board: shall mean the Louisiana Cancer and Lung Trust Fund Board. See Louisiana Revised Statutes 40:1105.1
  • board: means the board provided for in La. See Louisiana Revised Statutes 11:3682
  • Board of trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
  • Budget office: means the section of the division of administration which monitors budgeting functions. See Louisiana Revised Statutes 39:2
  • Budget unit: means any spending agency of the state which is declared to be a budget unit by the division of administration and which is identified for accounting purposes by a five-digit number code. See Louisiana Revised Statutes 39:2
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • collection: as used in this Subpart shall include the sale or securitization of long-term delinquent accounts receivable and all other obligations subject to the provisions of this Subpart. See Louisiana Revised Statutes 39:88.3
  • commerce: means any and all commerce within the state of Louisiana and subject to the jurisdiction thereof, and includes the operation of any business or service establishment. See Louisiana Revised Statutes 40:1057.1
  • Commissioner: means the commissioner of financial institutions. See Louisiana Revised Statutes 9:3516
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conduit individual retirement account: means an account which is covered by the provisions of Section 408(a) of the United States Internal Revenue Code, provided the account only contains assets rolled over to the account as an eligible rollover distribution from a qualified plan, plus earnings on those assets, but does not contain any other assets. See Louisiana Revised Statutes 11:701
  • Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
  • Consumer credit transaction: means a consumer loan or a consumer credit sale but does not include a motor vehicle credit transaction made pursuant to La. See Louisiana Revised Statutes 9:3516
  • Consumer loan: means a loan of money or its equivalent made by a supervised financial organization, a licensed lender, or lender in which the debtor is a consumer, and the loan is entered into primarily for personal, family, or household purposes and includes debts created by the use of a lender credit card, revolving loan account, or similar arrangement, as well as insurance premium  financing. See Louisiana Revised Statutes 9:3516
  • Control: means to add a drug or other substance, or immediate precursor, to a schedule under La. See Louisiana Revised Statutes 40:961
  • Controlled dangerous substance: means any substance defined, enumerated, or included in federal or state statute or regulations, 21 C. See Louisiana Revised Statutes 40:961
  • Controlled substance: means any substance or drug defined, enumerated, or included in federal or state statute or rules, 21 C. See Louisiana Revised Statutes 40:1003
  • Controlled substance analogue: means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled dangerous substance in Schedule I or II of La. See Louisiana Revised Statutes 40:961
  • Coordinator: means the person coordinating the EMSC program. See Louisiana Revised Statutes 40:1075.3
  • Counterfeit controlled dangerous substance: means a controlled dangerous substance which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. See Louisiana Revised Statutes 40:961
  • Creditable service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • creditor: as used in this Chapter includes a seller in a consumer credit sale, revolving charge account, or transaction made with the use of a seller credit card or otherwise, or a lender in a consumer loan, a revolving loan account, or a lender credit card transaction. See Louisiana Revised Statutes 9:3516
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deficit: means the excess for any fiscal year of actual expenditures paid by warrant or transfer over the actual monies received and any monies or balances carried forward for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
  • delivery: means the transfer of a controlled dangerous substance whether or not there exists an agency relationship. See Louisiana Revised Statutes 40:961
  • Dentist: means a person licensed and authorized by law to practice dentistry in this state. See Louisiana Revised Statutes 40:961
  • department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1057.1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1073.1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1075.3
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1101.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1103.2
  • Depressant: means a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; or any derivatives of barbituric acid; or any substance listed in Schedule I(D), Schedule II(D) or Schedule III(B) of La. See Louisiana Revised Statutes 40:961
  • Direct rollover: means a payment by the system to the eligible retirement plan specified by the distributee. See Louisiana Revised Statutes 11:3682
  • Dispense: means to deliver a controlled dangerous substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See Louisiana Revised Statutes 40:961
  • Dispenser: means a person authorized by this state to dispense or distribute to the ultimate user any controlled substance or drug monitored by the program, but shall not include any of the following:

                (a) A pharmacy permitted by the board as a hospital pharmacy that dispenses or distributes any controlled substance or drug monitored by the program for the purposes of inpatient hospital care. See Louisiana Revised Statutes 40:1003

  • dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. See Louisiana Revised Statutes 40:1003
  • Distribute: means to deliver a controlled dangerous substance whether by physical delivery, administering, subterfuge, furnishing a prescription, or by filling, packaging, labeling or compounding the substance pursuant to the lawful order of a practitioner. See Louisiana Revised Statutes 40:961
  • Distributor: means a person who delivers a controlled dangerous substance as herein defined. See Louisiana Revised Statutes 40:961
  • Drug: means :

                (a) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Louisiana Revised Statutes 40:961

  • Drug: means any of the following:

                (a) Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals. See Louisiana Revised Statutes 40:1003

  • Drug Enforcement Administration: means the Drug Enforcement Administration, United States Department of Justice or its successor. See Louisiana Revised Statutes 40:961
  • 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 planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Dangerous Substances Law, as scheduled in La. See Louisiana Revised Statutes 40:1021

  • Drugs of concern: means drugs other than controlled substances as defined by rule which demonstrate a potential for abuse or whose use requires tracking for public health purposes. See Louisiana Revised Statutes 40:1003
  • Early intervention services: means services that are designed to meet the developmental needs of an infant or toddler with a disability, in any one or more of the following areas:

                (a) Physical development. See Louisiana Revised Statutes 40:1073.1

  • Early intervention services provider: includes but is not limited to the following:

                (a) Special educators. See Louisiana Revised Statutes 40:1073.1

  • Earnable compensation: means the compensation earned by a member during the full normal working time as a teacher. See Louisiana Revised Statutes 11:701
  • Efficiency: means cost-effectiveness or productivity relative to achievement of an objective. See Louisiana Revised Statutes 39:2
  • Eligible retirement plan: means an individual retirement account described in Section 408(a), an individual retirement annuity described in Section 408(b), an annuity plan described in Section 403(a), or a qualified trust described in Section 401(a), all of the Internal Revenue Code, that accepts the member's eligible rollover distribution. See Louisiana Revised Statutes 11:3682
  • Eligible rollover distribution: means any distribution of all or any portion of the balance to the credit of a member, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments not less frequently than annually, made for the life or life expectancy of the member or the joint lives or joint life expectancies of the member and the member's designated beneficiary, or for a specified period of ten years or more, or any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code, or the portion of any distribution that is not includable in gross income. See Louisiana Revised Statutes 11:3682
  • Eligible rollover distribution: means a distribution as defined in La. See Louisiana Revised Statutes 11:701
  • Emergency medical services personnel: means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support pre-hospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital. See Louisiana Revised Statutes 40:1075.3
  • Employee: means any commissioned member or employee of the Harbor Police Department of the Port of New Orleans prior to July 1, 2004, or any commissioned member of the Harbor Police Department of the Port of New Orleans on or after July 1, 2004 and hired on or before June 30, 2014. See Louisiana Revised Statutes 11:3682
  • Employer: means the Board of Commissioners of the Port of New Orleans. See Louisiana Revised Statutes 11:3682
  • Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
  • EMSC program: means the Emergency Medical Services for Children Program. See Louisiana Revised Statutes 40:1075.3
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executive budget: means the document submitted to the legislature at each regular session, pursuant to the provisions of this Chapter and La. See Louisiana Revised Statutes 39:2
  • Executor: A male person named in a will to carry out the decedent
  • Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:701
  • 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.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
  • Goal: means a general purpose toward which the efforts of an agency are directed. See Louisiana Revised Statutes 39:2
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Health care provider: shall mean every licensed health care facility and licensed health care provider, as defined in La. See Louisiana Revised Statutes 40:1105.1
  • Imitation controlled dangerous substance: means a noncontrolled substance which by appearance or operation, including color, shape, size, markings, or packaging, or by representations made, or by its pharmacological effect, would lead a reasonable person to believe that the substance is a controlled dangerous substance. See Louisiana Revised Statutes 40:961
  • Immediate precursor: means a substance which the secretary of the Louisiana Department of Health has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled dangerous substance, the control of which is necessary to prevent, curtail, or limit such manufacture. See Louisiana Revised Statutes 40:961
  • Industrial hemp: means the plant Cannabis sativa and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0. See Louisiana Revised Statutes 40:961
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Isomers: refers to optical isomers and/or stereoisomers and mixtures thereof, unless specifically excepted in this Part. See Louisiana Revised Statutes 40:961
  • Key performance indicator: means a performance indicator that is designated as such by the commissioner of administration and is included in the executive budget or the executive budget supporting document. See Louisiana Revised Statutes 39:2
  • label: means a display of written, printed or graphic matter upon the immediate container of any aerosol product and a requirement made by or under authority of this Act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears (a) on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and (b) on all accompanying literature where there are directions for use, written or otherwise. See Louisiana Revised Statutes 40:1057.1
  • 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.
  • 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
  • Legend drug: means any drug or drug product bearing on the label of the manufacturer or distributor, as required by the federal Food and Drug Administration, the statement "Caution: Federal law prohibits dispensing without prescription". See Louisiana Revised Statutes 40:961
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • lender credit card: includes a travel and entertainment credit card account that is not subject to loan finance charges or credit service charges. See Louisiana Revised Statutes 9:3516
  • Liability: means a debt arising out of a transaction where goods or services have been received or rendered which must be liquidated, renewed, or refunded at some future date. See Louisiana Revised Statutes 39:2
  • Licensed lender: means a person licensed by the commissioner to make consumer loans pursuant to this Chapter. See Louisiana Revised Statutes 9:3516
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Louisiana Revised Statutes 40:961
  • Marijuana: means all parts of plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. See Louisiana Revised Statutes 40:961
  • Member: includes actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

    (3)  "Association" means any association organized under this Part; and,

    (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

  • Member: includes any employees, as defined in Paragraph (16) of this Section, included in the membership of this plan as provided in La. See Louisiana Revised Statutes 11:3682
  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • Membership service: means service as a teacher rendered while a member of the retirement system. See Louisiana Revised Statutes 11:701
  • narcotic drug: as used in this Part shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. See Louisiana Revised Statutes 40:961
  • Nitrogen-heterocyclic analog: means a nitrogen-heterocyclic analog of a synthetic cannabinoid which has a single carbon atom in a cyclic structure of a compound replaced by a nitrogen atom. See Louisiana Revised Statutes 40:961
  • Office: shall mean the office of the president. See Louisiana Revised Statutes 40:1105.1
  • Official forecast: means the most recently adopted estimate of money available for appropriation by the Revenue Estimating Conference as provided in La. See Louisiana Revised Statutes 39:2
  • Opiate: means any dangerous substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. See Louisiana Revised Statutes 40:961
  • Opium poppy: means the plant of the species Papaver somniferum, except the seeds thereof. See Louisiana Revised Statutes 40:961
  • Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
  • Other programs and activities: means all programs and activities that do not fit the definition of evidence-based, research-based, or promising practices programs. See Louisiana Revised Statutes 39:2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participating hospital: shall mean every hospital operating as such in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
  • Pathology laboratory: shall mean every pathology laboratory located or doing business in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
  • Patient: means the person or animal who is the ultimate user of a controlled substance or drug monitored by the program for whom a prescription is issued and for whom a controlled substance or drug is dispensed. See Louisiana Revised Statutes 40:1003
  • Pediatric: means children and youth eligible and certified for Medicaid coverage, Louisiana Children's Health Insurance Program coverage, or coverage under a Louisiana Medicaid waiver program or Louisiana Medicaid managed care program. See Louisiana Revised Statutes 40:1077.1
  • Performance indicator: means a statement identifying an activity, input, output, outcome, achievement, ratio, efficiency, or quality to be measured relative to a particular goal or objective in order to assess an agency's performance. See Louisiana Revised Statutes 39:2
  • Performance standard: means the expected level of performance associated with a particular performance indicator for a particular period. See Louisiana Revised Statutes 39:2
  • Person: includes any institution whether public or private, hospitals or clinics operated by the state or any of its political subdivisions, and any corporation, association, partnership, or one or more individuals. See Louisiana Revised Statutes 40:961
  • person: includes an individual, partnership, corporation, or association, or the legal representative or agent of any of these. See Louisiana Revised Statutes 40:1057.1
  • Person: as used in this Chapter means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3516
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Personal property: All property that is not real property.
  • Physical dependence: means a physiologic state of neuroadaptation which is characterized by the emergence of a withdrawal syndrome if drug use is stopped or decreased abruptly, or if an antagonist is administered. See Louisiana Revised Statutes 40:961
  • Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
  • Plan: means the Harbor Police Retirement Plan established in this Subpart and administered as a plan within the Louisiana State Employees' Retirement System pursuant to La. See Louisiana Revised Statutes 11:3682
  • PMP: means the program established in La. See Louisiana Revised Statutes 40:1003
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Louisiana Revised Statutes 40:961
  • Practitioner: means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this state. See Louisiana Revised Statutes 40:961
  • Pre-hospital care: means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider. See Louisiana Revised Statutes 40:1075.3
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prescribe: means to issue a written request or order for a controlled dangerous substance by a person licensed under this Part for a legitimate medical purpose. See Louisiana Revised Statutes 40:961
  • Prescriber: means a licensed healthcare professional with prescriptive authority. See Louisiana Revised Statutes 40:1003
  • Prescription: means a written request for a drug or therapeutic aid issued by a licensed physician, dentist, veterinarian, osteopath, or podiatrist for a legitimate medical purpose, for the purpose of correcting a physical, mental, or bodily ailment, and acting in good faith in the usual course of his professional practice. See Louisiana Revised Statutes 40:961
  • Prescription monitoring information: means data submitted to and maintained by the prescription monitoring program. See Louisiana Revised Statutes 40:1003
  • President: shall mean the president of the Louisiana State University System or his designee. See Louisiana Revised Statutes 40:1105.1
  • Prior service: means service rendered prior to the date of establishment of the retirement system for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Procedure: means any dental or medical practice or process described in the current year's version of the American Dental Association's current Dental Terminology or the American Medical Association's Code of Procedural Terminology. See Louisiana Revised Statutes 40:1003
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled dangerous substance. See Louisiana Revised Statutes 40:961
  • Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
  • Program catalogue: means a compendium of programs compiled by a reputable source that publishes information for use by the government. See Louisiana Revised Statutes 39:2
  • Program inventory: means the complete list of all proposed agency programs and activities that meet any definition set out in this Section. See Louisiana Revised Statutes 39:2
  • Projected deficit: means the excess of appropriations and non-appropriated requirements over the official forecast for any fund during any fiscal year. See Louisiana Revised Statutes 39:2
  • Promising practices: means a practice that presents, based upon preliminary information, potential for becoming a research-based or evidence-based program or practice. See Louisiana Revised Statutes 39:2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public school: means any school conducted within the state under the authority and supervision of a city, parish, or other local school board and any educational institution supported by and under the control of the state. See Louisiana Revised Statutes 11:701
  • Qualified plan: means a trust which is covered by the provisions of Section 401(a) of the United States Internal Revenue Code. See Louisiana Revised Statutes 11:701
  • Quality: means degree or grade of excellence. See Louisiana Revised Statutes 39:2
  • Quorum: The number of legislators that must be present to do business.
  • Radiation center: shall mean every freestanding radiation diagnostic and treatment facility in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
  • Regular interest: means interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with La. See Louisiana Revised Statutes 11:701
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Subpart. See Louisiana Revised Statutes 11:3682
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
  • Retirement allowance: means the sum of the annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:701
  • Retirement system: means the Teachers' Retirement System of Louisiana as defined in La. See Louisiana Revised Statutes 11:701
  • Secretary: means the secretary of the Louisiana Department of Health or his successor. See Louisiana Revised Statutes 40:961
  • secretary: means the head of the Louisiana Department of Health, or his legally authorized representative or agent. See Louisiana Revised Statutes 40:1057.1
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1075.3
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • Spouse: means that person who is legally married to the member on the member's effective date of retirement or effective date of participation in the Deferred Retirement Option Plan, whichever is earlier. See Louisiana Revised Statutes 11:3682
  • Spouse: shall mean a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation, unless such person has voluntarily reconciled with the member and which reconciliation is established by a court of competent jurisdiction. See Louisiana Revised Statutes 11:701
  • State: means the state of Louisiana. See Louisiana Revised Statutes 40:961
  • Stimulant: means a drug which contains a quantity of amphetamine or any of its isomers; any salt of amphetamine or any salt of an isomer of amphetamine; or any substance listed in Schedules II(C) or III(A) of La. See Louisiana Revised Statutes 40:961
  • Student: means a person who satisfies all of the provisions of this Paragraph. See Louisiana Revised Statutes 11:701
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supporting document: means the document prepared by the budget office and composed of supporting information, data, and documentation used to develop the executive budget. See Louisiana Revised Statutes 39:2
  • system: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:3682
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tolerance: means the physiologic state resulting from regular use of a drug in which an increased dosage is needed to produce the same effect or a reduced effect is observed with a constant dose. See Louisiana Revised Statutes 40:961
  • 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.
  • Ultimate user: means a person who lawfully possesses a controlled dangerous substance for his own use or for the use of a member of his household or for administration to an animal owned by him or by a member of his household. See Louisiana Revised Statutes 40:961
  • Unique provider of health services for catastrophically ill children: means an institution designated by the National Cancer Institute as a Comprehensive Cancer Center focused solely on pediatrics and that is a children's hospital dedicated to caring for children with catastrophic illness and conducting basic and advanced research into catastrophic childhood diseases such as cancers, acquired and inherited immunodeficiencies, and genetic disorders. See Louisiana Revised Statutes 40:1077.1
  • Venue: The geographical location in which a case is tried.