RULEMAKING: Public Health - Notice of Intent

This proposed rule eliminates the current requirement for annual TB testing for most employees, students or volunteers at any medical or 24-hour residential facility requiring licensing by the Louisiana Department of Health (LDH), or at any LDH-OPH parish health unit or an LDH-OPH out-patient health care facility.

Under the authority of R.S. 36:254(B)(7) and in accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Louisiana Department of Health, Office of Public Health (LDH-OPH) intends to amend Chapter 61 (Automated External Defibrillators) of Subpart 3 (Licensing and Certification) of Part I (General Administration) of Title 48 (Public Health—General) of the Louisiana Administrative Code (LAC). The proposed amendments are necessary to update the LAC to match the amended R.S. 40:1137.3.

This proposed rule change is required to comply with Act 344 of the 2020 Regular Session of the Louisiana Legislature. The proposed rule change will update LDH-OPH’s currently existing rule pertaining to industrial hemp-derived Cannabidiol products (IHDCP).

Under the authority of R.S. 40: 4 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 §§105 and 107 of Part II (The Control of Diseases) of Title 51 (Public Health-Sanitary Code) of the Louisiana Administrative Code. This rule is being proposed to include COVID-19 in the list of diseases and conditions hereby declared reportable as a Class A disease or condition.

Under the authority of R.S. 36:254(B)(7) and in accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Department of Health, Office of Public Health (LDH-OPH), has amended Chapter 80 (Accreditation of Laboratories Performing Drinking Water Analyses) of Subpart 28 (Drinking Water Laboratories) of Part V (Preventive Health Services) of Title 48 (Public Health?General) of the Louisiana Administrative Code (LAC). The amendments are necessary to withdraw the LDH-OPH Laboratory Certification Program from The NELAC Institute (TNI), the National Environmental Laboratory Accreditation Program (NELAP).

The newly adopted law authorizes LDH-OPH to maintain the immunization record of clients 21 years of age and older within the state’s immunization registry, and generally requires that all vaccinations administered in the state of Louisiana be entered into the LINKS system. Act 192 of 2019 refers to the state’s immunization registry as the Louisiana Immunization Network, also known as LINKS.

Amendments proposed to update sampling requirements for certain dairy product businesses that freeze or partially freeze and repackage frozen desserts made from frozen dessert mixes that were pasteurized, ultra-pasteurized or aseptically processed at another plant for wholesale.

Enacted to authorize hospitals and other health care providers to use protected health information for the sole purpose of participating in emergency preparedness training, which includes testing the functionality of the AtRisk Registry.

Implements a regulatory framework for industrial hemp-derived cannabidiol products (IHDCP) in accordance with directives of Subsection J of Section 1382 of Title 3 of the Revised Statutes of 1950, enacted as part of Act 164 of the 2019 Louisiana Legislature.

In accordance with the provisions of the Administrative Procedure Act, (R.S. 49:950, et seq.) as amended, the state health officer, acting through the Department of Health and Hospitals/Office of Public Health, is promulgating a proposed rule to amend Part II (The Control of Diseases) and Part III (The Control of Rabies and Other Zoonotic Diseases of the Louisiana State Sanitary Code (LAC 51). The Part II amendments are proposed in order to clarify disease reporting requirements and expand the list of reportable diseases and conditions to reflect current public health concerns. Chapter 7 will be updated so the Louisiana Immunization schedule will keep in accordance with the Advisory Committee on Immunization Practice (ACIP) of the United States Public Health Service. The Part III amendment is proposed in order to update and clarify the vaccination standards and re-vaccination intervals for dogs and cats to meet current national guidelines, as well as updating required actions for domestic animals bitten by rabid animals to conform to current national best practices.