RULEMAKING: Public Health - Oversight Reports

November 09, 2017
Under the authority of R.S. 40:4, 40:4.13, and 40:5 and in accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the state health officer, acting through the Louisiana Department of Health, Office of Public Health (LDH-OPH), intends to amend Part XII (Water Supplies) of the Louisiana State Sanitary Code (LAC 51). When effective, the proposed amendments to Part XII will assist LDH-OPH in ensuring the continued protection of the health of the public from contaminated drinking water through enforceable construction, operation and maintenance standards that address the proper design, operation and maintenance of public water systems. The proposed rulemaking is authorized under Act 292 and Act 488 of the Regular Legislative Sessions, 2013 and 2014, respectively. These Louisiana standards were developed and approved by the Louisiana Standards for Water Works Construction, Operation, and Maintenance Committee (a.k.a., “water committee”) which was initially created by Act 292 of 2013. The Recommended Standards for Water Works, 2012 Edition (commonly referred to as the “Ten State Standards” and published by the Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers) was used as the basis of this proposed rule and the text therein was modified by the water committee to develop a customized state version which, in certain instances, is more applicable to the South’s climatic conditions and to Louisiana, in particular. The effective date of the final rule is proposed to be postponed until August 1, 2018 for the permitting of new public water systems or the modification to existing public water systems. The bulk of the proposed Louisiana standards are contained in the following listed Subchapters (with the general subject matter listed in the same order as in the Ten State Standards).
April 20, 2017
First Legislative Oversight Committee Report
October 07, 2016
In accordance with the provisions of the Administrative Procedure Act, (R.S. 49:950, et seq.), the state health officer acting through the Department of Health, Office of Public Health (LDH-OPH), proposes to promulgate a rule to amend Part XII (Water Supplies) of Title 51 (Public Health?Sanitary Code) of the Louisiana Administrative Code (LAC). This action is being taken pursuant to the rulemaking authority granted by R.S. 40:4 and 40:5. The proposed rule is required by the United States Environmental Protection Agency (USEPA) in order that the Louisiana Department of Health, Office of Public Health (LDH-OPH) can maintain primacy (primary enforcement authority) over the regulation of public water systems in Louisiana. Particularly, this action is required under 40 CFR Part 142 (National Primary Drinking Water Regulations - Implementation) which was promulgated by the USEPA under the authority of the federal Safe Drinking Water Act (42 USC 300f, et seq.). Failure to adopt this proposed rule may cause the USEPA to withdraw its primacy delegation to LDH-OPH (with loss of federal grant funds) and/or may authorize USEPA to more easily take direct enforcement actions against non-complying public water systems located in Louisiana.
September 29, 2016
In accordance with the provisions of the Administrative Procedure Act, (R.S. 49:950, et seq.) and under the authority of R.S. 46:972, notice is hereby given that the Louisiana Department of Health, Office of Public Health (LDH-OPH) is promulgating an emergency rule to amend Title 48, Public Health General; Part V Preventive Health Services; Subpart15. This action is being taken pursuant to the emergency rulemaking authority granted by R.S. 40:4(A)(13) and in accordance with the intent of HCR 170 of 2014. LDH finds it necessary to issue this emergency rule to ensure that the State of Louisiana remains in compliance with applicable federal regulations of the United States Department of Agriculture (USDA). Failure to timely adopt such amendments may cause federal monetary sanctions to be imposed against the Louisiana WIC program. The effective date of this emergency rule is October 1, 2016 and, unless terminated earlier, it shall remain in effect for the maximum time period allowed under law. At this time, the Louisiana WIC program intends to publish a Notice of Intent under regular rulemaking procedures in the November 20, 2016 Louisiana Register.
February 08, 2016
This rule maintains the requirements of the ER and strengthens the monitoring requirements for public water systems using chloramine disinfection.
November 06, 2015
The Department of Health and Hospitals published a Notice of Intent in the September 20, 2015, (vol. 41, no. 09), issue of the Louisiana Register. This notice regards the Department of Health and Hospitals intent to recodify the Chapter 12 regulations originally promulgated in the March 20, 1992 edition of the Louisiana Register in accordance with Act 587 of 1990 and to amend the newly re-codified Sections 1201-1247 of Part I of Title 49 of the Louisiana Administrative Code to reflect administrative changes and to comply with the requirements of Act 193 of 2014. These changes are required to enforce the new ban on minors’ use of tanning equipment enacted during the recent Regular Session of the Louisiana Legislature.A public hearing was held October 26, 2015. No members from the public were present to provide oral or written testimony. Program staff did receive one written correspondence in favor of the proposed rule from the American Academy of Dermatology. A copy of this correspondence is attached for review. The Department anticipates adopting the Notice of Intent as a final rule in the December 20, 2015, issue of the Louisiana Register.
November 06, 2015
The Department of Health and Hospitals published a Notice of Intent in the September 20, 2015, (vol. 41, no. 09), issue of the Louisiana Register. This notice provides information regarding the Department of Health and Hospitals proposed rule to amend Part II (The Control of Diseases), Part III (The Control of Rabies and Other Zoonotic Diseases), Part XVII (Public Buildings, Schools, and Other Institutions), and Part XXI (Day Care Centers and Residential Facilities) of the Louisiana State Sanitary Code (LAC 51). A public hearing was held October 26, 2015. No members from the public were present to provide oral or written testimony. The Department anticipates adopting the Notice of Intent as a final rule in the December 20, 2015, issue of the Louisiana Register.
September 10, 2015
The propose rule amends Louisiana Sanitary Code (LAC Title 51) Part II – The Control of Diseases, Sections 105-113, Part III – The Control of Rabies and Other Zoonotic Diseases, Section 103, Part XVII – Public Buildings, Schools, and Other Institutions, Section 501, and Part XXI – Day Care Centers and Residential Facilities, Section 105. Amendments update current disease reporting requirements of the Department of Health and Hospitals (DHH), Office of Public Health (OPH) based on recommendations of the Council of State and Territorial Epidemiologists (CSTE) and the federal Centers for Disease Control and Prevention (CDC).
September 10, 2015
The proposed rule recodifies and amends Louisiana Administrative Code Title 49, Part I, Chapter 12 – Tanning Facility Regulations, which was originally promulgated in the March 20, 1992 edition of the Louisiana Register in accordance with Act 587 of 1990. Amendments to the newly recodified Sections 1201-1247 of Chapter 12 reflect administrative changes as well as requirements of Act 193 of 2014 that enforced a new ban on minors’ use of tanning equipment.
September 05, 2014
The Office of Public Health proposes four amendments to Title 51, Part VI Sections 101 and 105 (Manufacturing, Processing, Packing, and Holding of Food, Drugs, and Cosmetics). The first proposed rule change in Section 101 adds definitions relative to product registration. The second proposed rule change corrects some obsolete program and department references 105.A. The third proposed rule change corrects an additional obsolete reference in 105.E and corrects a typographical reference to a nonexistent section “1” of R.S. 40:628. The fourth proposed rule change eliminates the fee schedule and replaces it with section 105.F to indicate that OPH shall charge a fee for product registrations in accordance with R.S. 40:628 and R.S. 40:716.