Sections
Part I State Division of Health 40:1 – 40:11
Part II Parish Health Units 40:12 – 40:31.37
Part VII Louisiana Birth Defects Surveillance System 40:31.41 – 40:31.48
Part VIII Louisiana Parkinson’S Disease Registry 40:31.61 – 40:31.68

Terms Used In Louisiana Laws > Revised Statutes > Title 40 > Chapter 1

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon. See Louisiana Revised Statutes 11:1002
  • 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 in accordance with the provisions of R. See Louisiana Revised Statutes 11:1002
  • 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.
  • Agency: means any governing body employing persons in the public school system. See Louisiana Revised Statutes 11:1002
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. See Louisiana Revised Statutes 11:1151.1
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: means payments for life derived from the accumulated contributions of a member. See Louisiana Revised Statutes 11:1002
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance or other benefit provided by this Chapter. See Louisiana Revised Statutes 11:1002
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 11:1151.1
  • Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 11:1191
  • Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 11:1198
  • Board of Trustees: means the board provided to administer the retirement system. See Louisiana Revised Statutes 11:1002
  • Certificate of approval: means a certificate issued by the Louisiana Board of Veterinary Medicine to a registered veterinary technician. See Louisiana Revised Statutes 11:1191
  • Certificate of approval: means a certificate issued by the Louisiana Board of Veterinary Medicine to a certified animal euthanasia technician. See Louisiana Revised Statutes 11:1198
  • Client: means any person registered with any Louisiana immunization tracking and recall system. See Louisiana Revised Statutes 11:1165.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Creditable service: means "prior service" plus "in service" plus "membership service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:1002
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day care center: means a facility licensed as a day care center under the provisions of the Child Care Facility and Child-Placing Agency Act (R. See Louisiana Revised Statutes 11:1165.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Direct supervision: means instruction and directions requiring the physical presence of a licensed veterinarian on the premises. See Louisiana Revised Statutes 11:1191
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Earnable compensation: means the full amount earned by an employee for a given pay period. See Louisiana Revised Statutes 11:1002
  • Employee: means any person legally occupying a position as a school bus driver who actually renders a service by driving a school bus during the full time of his employment, a school janitor, a school custodian, a school maintenance employee, school bus aide, monitor or attendant, or other regular school employee who actually works on a school bus helping with the transportation of school children, and who is a legal employee of a parish or city school board of the state of Louisiana, and shall include the employees of this system. See Louisiana Revised Statutes 11:1002
  • Employer: means the state of Louisiana or any parish or city school board from which any employee receives his compensation. See Louisiana Revised Statutes 11:1002
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Immunization record: means a client's medical record related to the client's receipt of immunizations. See Louisiana Revised Statutes 11:1165.1
  • Immunization registry: means any listing of clients and information relating to their immunization status. See Louisiana Revised Statutes 11:1165.1
  • 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.
  • In service: means service rendered after June 30, 1947, for which retirement credit has not been received and for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:1002
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine in this state. See Louisiana Revised Statutes 11:1151.1
  • Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:1002
  • Member: means any school employee, as defined in Paragraph (13) of this Section, as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1002
  • Membership service: means service as an employee rendered while a member of the retirement system. See Louisiana Revised Statutes 11:1002
  • Minor child: means an unmarried child under the age of eighteen years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, the natural child of a female member of this system, or the child of a male member of this system if a court of competent jurisdiction has made an order of filiation declaring the paternity of such a member for the child or if the name of the father appears on the birth certificate or if the father has formally acknowledged the child. See Louisiana Revised Statutes 11:1002
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Pension reserve: means the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality tables as shall be adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:1002
  • Pensions: means payments for life derived from money provided by the state or the employing agency. See Louisiana Revised Statutes 11:1002
  • Person: means an individual, a public or private corporation, an association, a partnership, a public body created by or pursuant to state law, the state of Louisiana, an agency or political subdivision of the state, a federally recognized Indian tribe, the United States government, a political subdivision of the United States government, and any officer, employee, and agent of one of those entities. See Louisiana Revised Statutes 11:1140
  • Person: means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person. See Louisiana Revised Statutes 11:1151.1
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Potable water: means water having bacteriological, physical, radiological, and chemical qualities that make it safe and suitable for human drinking, cooking, and washing uses. See Louisiana Revised Statutes 11:1140
  • Practice of veterinary medicine: means :

    (a)  to diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drug, medicine, biologic apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the above. See Louisiana Revised Statutes 11:1151.1

  • Prior service: means service rendered prior to July 1, 1947, for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:1002
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Provider: means any health care provider or facility licensed to provide health care services in Louisiana, any managed health care system, health maintenance organization, health service contractor, or insurance carrier, or the Louisiana Medical Assistance Program. See Louisiana Revised Statutes 11:1165.1
  • Public health unit: means any facility acting under the supervision and advice of the state health officer and the office of public health, including any state-operated or contracted public health clinic. See Louisiana Revised Statutes 11:1165.1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Registered veterinary technician: means a skilled person registered by the board as being qualified by academic and practical training to provide veterinary services under the direct supervision and direction of the licensed veterinarian who is responsible for the performance of that veterinary technician. See Louisiana Revised Statutes 11:1191
  • Regular interest: means interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with R. See Louisiana Revised Statutes 11:1002
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1002
  • Retirement allowance: means the sum of annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:1002
  • Retirement system: means the Louisiana School Employees Retirement System established and described in R. See Louisiana Revised Statutes 11:1002
  • School: means any institution or facility which provides for education of children in grades one or above, which shall include any kindergarten or prekindergarten attached thereto. See Louisiana Revised Statutes 11:1165.1
  • School of veterinary medicine: means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board. See Louisiana Revised Statutes 11:1151.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Sodium pentobarbital: means a compound prepared or purchased solely as an euthanasia solution at a minimum strength of six grains per milliliter. See Louisiana Revised Statutes 11:1198
  • Spouse: means 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. See Louisiana Revised Statutes 11:1002
  • State health officer: means the legally appointed or acting state health officer as defined in R. See Louisiana Revised Statutes 11:1140
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tracking and recall system: means a system associated with an immunization registry designed to contact clients listed in the registry to assist in the completion of the immunization series in a timely manner. See Louisiana Revised Statutes 11:1165.1
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Veterinarian: means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine. See Louisiana Revised Statutes 11:1151.1
  • Veterinary medicine: includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. See Louisiana Revised Statutes 11:1151.1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.