Regulation detail

La. R.S. 40:2161

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La. R.S. 40:2161 active

BH provider licensure (40:2151-2161); minor consent (40:1079.1-.3)

Jurisdiction: LA Agency: Louisiana State Legislature
OUTPATIENT (40%) SUD_RESIDENTIAL (40%)
Plain-English summary

This statute establishes 'drug free zones' around behavioral health providers that have a substance abuse/addiction treatment module, defined as the property and within 2,000 feet of it. Licensed providers with such modules are responsible for posting required signage at their own expense indicating the drug free zone boundaries and penalties for controlled substance violations. Local governing authorities must publish and file official maps of these zones, and it is unlawful to tamper with the posted signs.

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RS 40:2161

§2161. Drug free zone; notice; signs

A. A drug free zone is an area inclusive of any property used as a behavioral health
services provider that has a substance abuse/addiction treatment module, or within two
thousand feet of such property.

B. The local governing authority which has jurisdiction over zoning matters in which
each drug free zone is located shall publish a map clearly indicating the boundaries of each
drug free zone in accordance with the specifications in Subsection A of this Section. The
drug free zone map shall be made on an official public document and placed with the clerk
of court for the parish or parishes in which the drug free zone is located.

C.(1) The secretary of the Louisiana Department of Health shall develop a method
by which to mark drug free zones, including the use of signs or other markings suitable to
the situation. Signs or other markings shall be located in a visible manner on or near each
behavioral health services provider that has a substance abuse/addiction treatment module,
indicating that the area is a drug free zone, that the zone extends for a distance of two
thousand feet, and that a felony violation of the Uniform Controlled Dangerous Substances
Law will subject the offender to severe penalties under law. The posting required in this
Subsection is the responsibility and at the expense of the licensed provider.

(2) The Department of Public Safety and Corrections shall coordinate and provide
rules for the establishment of toll free telephone numbers for use in submitting anonymous
information regarding drug activity to local law enforcement agencies. The telephone
numbers shall be displayed on the drug free zone signs that shall be manufactured in
correctional institutions subject to the office of corrections in the Department of Public
Safety and Corrections.

D.(1) It shall be unlawful for any person to cover, remove, deface, alter, or destroy
any sign or other marking identifying a drug free zone as provided in this Section.

(2) Any violation of this Subsection shall be punishable by a fine of not more than
one thousand dollars or by a jail sentence of not more than six months, or both.

Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2014, No. 791, §14.

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