West's Louisiana Statutes Annotated. Louisiana Revised Statutes. Title 46. Public Welfare and Assistance. Chapter 23. Louisiana White Cane Law.
§ 1951 . Statement of policy
§ 1952 . Definitions
§ 1953 . Use of public facilities; equal accommodations; service dogs
§ 1954 . Housing accommodations; full and equal access; degree of care; service dogs
§ 1955 . Service dog trainers and puppy raisers; rights; liability
§ 1956 . Violation of rights; injury or interference with an service dog; penalties; civil action; damages; cost and attorney fees
§ 1957 . Precautions for operators of motor vehicles approaching physically disabled pedestrians
§ 1958 . Exemption from license fee; assistance dog
§ 1959 . Scope of Chapter
Title 21. Hotels and Lodging Houses. Chapter 2. Offenses by Guests. Part II. Animals and Pets
§ 51. Pet animals; prohibitions relative to hotels and motels; penalty; exemptions
§ 52 . Guide or service dog, rights and privileges of owners and trainers; penalties for violations
Title 32. Motor Vehicles and Traffic Regulation. Chapter 1. Louisiana Highway Regulatory Act. Part IV. Traffic Regulations. Subpart H. Pedestrians' Rights and Duties
§ 217 . Blind and incapacitated pedestrians; use of canes; persons in wheelchairs; vehicles
Title 14. Criminal Law. Chapter 1. Criminal Code. Part II. Offenses Against the Person. Subpart B. Assault and Battery (with Related Offenses)
§ 39. Negligent injuring
Title 46. Public Welfare and Assistance. Chapter 24. Support and Service Animal Integrity Act
§ 1971. Short title
§ 1972. Purposes and intent
§ 1973. Definitions
§ 1974. Requirements for documentation produced by healthcare providers; prohibitions
§ 1975. Misrepresentation of service animal
§ 1976. Notice requirements for the sale of support animals
§ 1977. Violations; penalties
§ 1978. Exceptions
A. It is the policy of this state to encourage and enable a person with a disability to participate fully in the social and economic life of the state, to achieve maximum personal independence, to otherwise fully enjoy and use all public facilities available in the state, and to engage in remunerative employment.
B. No person with a disability may be denied admittance to any public facility because of the person's disability. No person with a disability shall be denied the use of a white cane, service dog, wheelchair, crutches, or other device of assistance.
C. In addition, it is the policy of this state that a person with a disability shall be employed by the state, political subdivisions of the state, public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as an able-bodied person, unless it is shown that the particular disability prevents the performance of the work involved.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.
As used in this Chapter:
(1) “Housing accommodations” means any immovable property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(2) “Person with a disability” means a person who has a physical or mental impairment that substantially limits one or more of such person's major life activities and who has a record of such impairment or who is regarded as having such an impairment, including military veterans with traumatic brain injury or post traumatic stress disorder.
(3) “Service dog” means a dog who has been trained or is being trained to do work or perform a task for a person with a disability. “Service dog” refers to a dog trained as any of the following:
(a) A hearing dog.
(b) A guide dog.
(c) A seizure alert dog.
(d) A mobility dog.
(e) An autism service dog.
(f) A dog providing assistance during a medical crisis.
(g) A service dog providing assistance to persons, including veterans with traumatic brain injury or post traumatic stress disorder.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014; Acts 2022, No. 271, § 5.
§ 1953. Use of public facilities; equal accommodations; service dogs
A. Every person with a disability shall have the same right as a person who is able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.
B. Every person with a disability shall be entitled to full and equal accommodations, advantages, facilities, and privileges in the following, subject only to the conditions and limitations established by law and applicable alike to all persons:
(1) Common carriers, including taxis, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation operated on land or water, in the air, or any stations and terminals thereof.
(2) Educational institutions, including but not limited to kindergartens, primary and secondary schools, trade or business schools, high schools, academies, colleges, and universities.
(3) Hotels, lodging places, restaurants, theaters, places of public accommodation, amusement, or resort.
(4) Other places to which the general public is invited.
C. Every person with a disability may be accompanied by a service dog, especially trained to aid such person, in any of the places provided in Subsection B of this Section without being required to pay an extra charge for such dog. However, he shall be liable for any damage done to the premises, facilities, operators, or occupants by such dog.
D. (1) A public entity may ask a person with a disability to remove his service dog from a premises if either of the following is present:
(a) The service dog is out of control, and the person with a disability accompanying the service dog does not take effective action to control it.
(b) The service dog is not housebroken.
(2) If the service dog is properly excluded, the public entity shall give the person with a disability the opportunity to enter without the service dog.
E. (1) A public entity shall not ask about the nature or extent of a person's disability, but may make the following two inquiries to determine whether such a dog qualifies as a service dog:
(a) A public entity may ask if the service dog is required because of a disability.
(b) A public entity may ask what work or task the service dog has been trained to perform.
(2) A public entity shall not require documentation for proof the service dog has been certified, trained, or licensed as a service dog.
F. Nothing in this Section shall require any person who owns, leases, or operates any public conveyance or modes of transportation, educational institutions, hotels, restaurants, theaters, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, to modify his property or facility in any way or provide a higher degree of care for a person with a disability than for a person who does not have a disability.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014; Acts 2018, No. 206, § 5.
§ 1954. Housing accommodations; full and equal access; degree of care; service dogs
A. Every person with a disability shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
B. Nothing in this Section shall require any person renting, leasing, or providing for compensation immovable property to modify his property in any way or to provide a higher degree of care for a person with a disability than for a person who does not have a disability.
C. Each person with a disability who has a service dog, especially trained to aid such person or who obtains such a dog, shall be entitled to full and equal access to all housing accommodations as defined in R.S. 46:1952(2), and he shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises or any person on the premises by such dog.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014; Acts 2018, No. 206, § 5.
§ 1955. Service dog trainers and puppy raisers; rights; liability
During the training of a service dog, any trainer or puppy raiser of such dog shall have the same rights and privileges as a person with a disability to be accompanied by a service dog in any place or facility provided in this Chapter without being required to pay an extra charge for such dog. However, during the training of a service dog, he shall be liable for any damages done to any person, premises, or facility by the service dog.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.
§ 1956. Violation of rights; injury or interference with an service dog; penalties; civil action; damages; cost and attorney fees
A. Any person, firm, or corporation, or the agent, representative, or employee of any person, firm, or corporation who withholds, denies, deprives, or attempts to withhold, deny, or deprive; intimidates, threatens, coerces, or attempts to threaten, intimidate, or coerce; punishes or attempts to punish a person with a disability or a trainer or puppy raiser of a service dog, during the training of such dog, or for exercising his right to be admitted to or enjoy the places and facilities provided in this Chapter; or otherwise interferes with the rights of a person with a disability under this Chapter shall be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both.
B. Any person who purposely or negligently injures a service dog or any owner of a dog who allows that dog to injure a service dog because he fails to control or leash the dog shall also be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both. Such person shall also be liable for any injuries to the service dog and, if necessary, the replacement and compensation for the loss of the service dog.
C. For every offense, such person shall pay for actual damages for any economic loss to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the parish where such offense was committed or where the aggrieved person resides.
D. In an action brought under this Section, the court may award costs and reasonable attorney's fee to the prevailing party.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.
§ 1957. Precautions for operators of motor vehicles approaching physically disabled pedestrians
A. Operators of motor vehicles approaching a pedestrian with a disability who is carrying a cane predominantly white in color, with or without a red tip, or a pedestrian with a disability using a service dog shall take all necessary precautions to avoid injury to such pedestrian.
B. Any such operator who fails to take all necessary precautions to avoid injury to a pedestrian with a disability shall be liable in damages for any injury caused to the pedestrian and any injury caused to the pedestrian's service dog.
C. No operator of a motor vehicle shall drive into or upon any crosswalk while a pedestrian with a disability is on the crosswalk or crossing or attempting to cross the crosswalk if such pedestrian indicates his intention to cross or to continue to cross the crosswalk. Failure by the pedestrian to signal his intention to cross the crossway shall not deprive him of the right of way given to him by other applicable law or regulation.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.
§ 1958. Exemption from license fee; assistance dog
Service dogs, as defined in R.S. 46:1952, shall be exempt from any state or local license fee.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1.
Nothing in this Chapter shall be construed to amend, repeal, conflict with, or supersede any federal or state law, rule, or regulation or local ordinance mandating full and equal access in the use of public facilities or places, common carriers, public conveyances, or other modes of transportation, or housing accommodations for a person with a disability.
Credits
Acts 1993, No. 482, § 1. Amended by Acts 2014, No. 492, § 1; Acts 2014, No. 811, § 24, eff. June 23, 2014.
Title 21. Hotels and Lodging Houses. Chapter 2. Offenses by Guests. Part II. Animals and Pets
§ 51. Pet animals; prohibitions relative to hotels and motels; penalty; exemptions
A. No person shall take, and no owner, manager, or person in charge of any hotel or motel shall permit any person to take any dog, cat, or pet animal into any hotel room or into the sleeping quarters or bedrooms of any hotel or motel where there is posted in a conspicuous place a sign to the effect that dogs, cats, and pet animals are prohibited therein.
B. Whoever violates this Section shall be fined not more than twenty-five dollars or be imprisoned for not more than thirty days, or both.
C. This Section shall not apply to guide dogs or service dogs used by blind persons, visually impaired persons, persons who are deaf or hard of hearing, and other persons with physical disabilities who have been taught to use such dogs at a qualified dog guide or service school.
Credits
Amended by Acts 1962, No. 33, § 1; Acts 1993, No. 763, § 1; Acts 2014, No. 811, § 10, eff. June 23, 2014; Acts 2017, No. 146, § 4.
§ 52. Guide or service dog, rights and privileges of owners and trainers; penalties for violations
A. Any blind person, visually impaired person, person who is deaf or hard of hearing, or person with any other physical disability who is accompanied by a properly controlled dog which such person has been taught to use as a guide or for service at a qualified dog guide or service school, or any person who is qualified to provide training for a guide dog or service animal and is accompanied by a guide dog in training, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public accommodation, amusement, or resort, and other places to which the general public is invited, and shall be entitled to take such dog into such conveyances and places, subject only to the accommodations and limitations applicable to all persons not so accompanied, provided that the dog shall not occupy a seat in any public conveyance.
B. Any person, firm, or corporation, or agent, representative, or employee of any person, firm, or corporation who deprives any blind person, visually impaired person, person who is deaf or hard of hearing, or person with any other physical disability, or any person who is accompanied by a guide dog in training of any right conferred by Subsection A of this Section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not to exceed five hundred dollars, or be imprisoned in the parish jail for a period not to exceed ninety days, or both, within the discretion of the judge; and for every such offense such person shall forfeit and pay a sum not to exceed five hundred dollars to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the parish where such offense was committed.
C. The provisions of Subsections A and B of this Section shall be inapplicable unless the person, as described in Subsections A and B of this Section, accompanied by a guide or service dog, shall furnish evidence as to the training of the dog, which evidence shall be obtained from the training agency or school by which the dog has been trained. If the person is accompanied by a guide dog in training as described in Subsection A of this Section, that person shall furnish evidence of his qualifications to provide training for a guide dog, or the provisions of Subsections A and B of this Section shall be inapplicable.
Credits
Added by Acts 1954, No. 83, § 1. Amended by Acts 1962, No. 33, § 1; Acts 1981, No. 407, § 1; Acts 1993, No. 763, § 1; Acts 2009, No. 373, § 1; Acts 2014, No. 811, § 10, eff. June 23, 2014; Acts 2017, No. 146, § 4.
Editors' Notes
LEGISLATIVE INTENT; PROMULGATION OF ADMINISTRATIVE RULES AND REGULATIONS--ACTS 2017, NO. 146
<Sections 15 and 16 of Acts 2017, No. 146 provide:>
<“Section 15. (A) The legislature hereby finds that language used to refer to persons with disabilities and other persons with exceptionalities shapes and reflects attitudes toward and perceptions of those persons by society.>
<“(B) It is hereby declared that the intent of the legislature is to delete from the lawbodies of this state terms that convey negative or derogatory perceptions of persons with disabilities and other persons with exceptionalities. Accordingly, the intent of the legislature is to provide in this Act for establishment of terminology in law referring to the deaf and hard of hearing that is more appropriate than the terminology replaced herein, and which conveys no indignity toward persons with hearing loss >
<“(C) It is the intent of the legislature that no provision of this Act shall alter or affect in any way the substance, interpretation, or application of any present law or administrative rule. >
<“(D) Nothing in this Act shall be construed to expand or diminish any right of or benefit for any person provided by any existing law or administrative rule. >
<“Section 16. (A) Each agency, board, commission, department, office, and other instrumentality of the state to which the legislature has delegated authority to promulgate rules and regulations in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., is hereby authorized and requested to employ the preferred terminology enacted in Sections 1 through 14 of this Act for referring to the deaf and hard of hearing and to hearing loss in duly promulgated administrative rules, policy publications, and materials published in paper format or electronically, whether for internal use or public use, including but not limited to informational brochures, resource guides, reference materials, manuals, and the content of any Internet website or other electronic media. The provisions of this Section shall apply prospectively; however, nothing herein shall be construed to limit any agency, board, commission, department, office, or other instrumentality of the state from amending existing administrative rules for the purpose of instituting the preferred terminology provided for in this Act.>
<“(B) The legislative services offices of the House of Representatives and the Senate are hereby authorized and requested to publish guidance in legislative drafting manuals and in any other professional resources as those offices may deem appropriate concerning use of the preferred terminology for referring to the deaf and hard of hearing and to hearing loss provided for in this Act.”>
Title 32. Motor Vehicles and Traffic Regulation. Chapter 1. Louisiana Highway Regulatory Act. Part IV. Traffic Regulations. Subpart H. Pedestrians' Rights and Duties
§ 217. Blind and incapacitated pedestrians; use of canes; persons in wheelchairs; vehicles
A. It is unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is metallic or white in color or white tipped with red.
B. Whenever a pedestrian guided by a guide dog, or carrying in a raised or extended position a cane or walking stick which is metallic or white in color, or white tipped with red, or a pedestrian who requires a wheelchair or motorized wheelchair for transportation is crossing or attempting to cross a public street or highway, at or near an intersection or crosswalk, the driver of every vehicle approaching the intersection or crosswalk shall take such precautions as may be necessary to avoid injuring or endangering such pedestrian, and if injury or danger to such pedestrian can be avoided only by bringing his vehicle to a full stop, he shall bring his vehicle to a full stop.
C. Nothing contained in this Section shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.
CREDIT(S)
Acts 1962, No. 310, § 1. Amended by Acts 2004, No. 242, § 1.
Title 14. Criminal Law. Chapter 1. Criminal Code. Part II. Offenses Against the Person. Subpart B. Assault and Battery (with Related Offenses)
§ 39. Negligent injuring
A. Negligent injuring is either of the following:
(1) The inflicting of any injury upon the person of another by criminal negligence.
(2) The inflicting of any injury upon the person of another by a dog or other animal when the owner of the dog or other animal is reckless and criminally negligent in confining or restraining the dog or other animal.
B. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.
C. Whoever commits the crime of negligent injuring shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
D. The provisions of this Section shall not apply to:
(1) Any dog which is owned, or the service of which is employed, by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.
(2) Any dog trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of law enforcement.
(3) Any guide or service dog trained at a qualified dog guide or service school who is accompanying any blind person, visually impaired person, person who is deaf or hard of hearing, or person with any other physical disability who is using the dog as a guide or for service.
(4) Any attack made by a dog lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle and the dog is protecting that property.
(5) Any attack made by livestock as defined in this Section.
E. For the purposes of this Section:
(1) “Harboring or keeping” means feeding, sheltering, or having custody over the animal for three or more consecutive days.
(2) “Livestock” means any animal except dogs and cats, bred, kept, maintained, raised, or used for profit, that is used in agriculture, aquaculture, agritourism, competition, recreation, or silvaculture, or for other related purposes or used in the production of crops, animals, or plant or animal products for market. This definition includes but is not limited to cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; goats; sheep; swine; chickens, turkeys, and other poultry; domestic rabbits; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; fish, pet turtles, and other animals identified with aquaculture which are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; any commercial crawfish from any crawfish pond; and any hybrid, mixture, or mutation of any such animal.
(3) “Owner” means any person, partnership, corporation, or other legal entity owning, harboring, or keeping any animal.
Credits
Acts 1978, No. 394, § 1. Amended by Acts 2009, No. 199, § 2; Acts 2014, No. 811, § 6, eff. June 23, 2014; Acts 2017, No. 146, § 2.
Editors' Notes
LEGISLATIVE INTENT; PROMULGATION OF ADMINISTRATIVE RULES AND REGULATIONS--ACTS 2017, NO. 146
<Sections 15 and 16 of Acts 2017, No. 146 provide:>
<“Section 15. (A) The legislature hereby finds that language used to refer to persons with disabilities and other persons with exceptionalities shapes and reflects attitudes toward and perceptions of those persons by society.>
<“(B) It is hereby declared that the intent of the legislature is to delete from the lawbodies of this state terms that convey negative or derogatory perceptions of persons with disabilities and other persons with exceptionalities. Accordingly, the intent of the legislature is to provide in this Act for establishment of terminology in law referring to the deaf and hard of hearing that is more appropriate than the terminology replaced herein, and which conveys no indignity toward persons with hearing loss >
<“(C) It is the intent of the legislature that no provision of this Act shall alter or affect in any way the substance, interpretation, or application of any present law or administrative rule. >
<“(D) Nothing in this Act shall be construed to expand or diminish any right of or benefit for any person provided by any existing law or administrative rule. >
<“Section 16. (A) Each agency, board, commission, department, office, and other instrumentality of the state to which the legislature has delegated authority to promulgate rules and regulations in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., is hereby authorized and requested to employ the preferred terminology enacted in Sections 1 through 14 of this Act for referring to the deaf and hard of hearing and to hearing loss in duly promulgated administrative rules, policy publications, and materials published in paper format or electronically, whether for internal use or public use, including but not limited to informational brochures, resource guides, reference materials, manuals, and the content of any Internet website or other electronic media. The provisions of this Section shall apply prospectively; however, nothing herein shall be construed to limit any agency, board, commission, department, office, or other instrumentality of the state from amending existing administrative rules for the purpose of instituting the preferred terminology provided for in this Act.>
<“(B) The legislative services offices of the House of Representatives and the Senate are hereby authorized and requested to publish guidance in legislative drafting manuals and in any other professional resources as those offices may deem appropriate concerning use of the preferred terminology for referring to the deaf and hard of hearing and to hearing loss provided for in this Act.”>
Title 46. Public Welfare and Assistance. Chapter 24. Support and Service Animal Integrity Act
This Chapter shall be cited as the “Louisiana Support and Service Animal Integrity Act”.
Credits
Added by Acts 2024, No. 558, § 1.
The purpose and intent of this Chapter is to restore integrity into the process of determining whether an individual has a disability which requires the use of a support animal and to impose penalties on those who determine that an individual requires the use of a support animal without having a reliable basis to do so and those who claim the need for a support animal on account of a disability or handicap without having a reliable basis for that need. It is the further purpose and intent of this Chapter to place limitations on individuals and businesses selling support animals and items attendant to support animals. It is also the purpose and intent of this Chapter to penalize those who misrepresent an animal as a service dog and to provide immunity to owners and lessors of residential dwellings from and against liability for injuries and damages caused by support animals and service dogs.
Credits
Added by Acts 2024, No. 558, § 1.
As used in this Chapter:
(1) “Disability” is defined in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., and its related amendments and implementing regulations. The term “disability” includes a handicap as defined by the federal Fair Housing Act, 42 U.S.C. 3601 et seq., as amended, and 24 CFR 100.201.
(2) “Healthcare provider” has the same definition as set forth in R.S. 40:1231.1.
(3) “Healthcare services” has the same definition as set forth in R.S. 22:1020.1.
(4) “Public accommodation” or “place of public accommodation” has the same meaning as set forth in R.S. 51:2232.
(5) “Service dog” has the same definition as set forth in R.S. 46:1952.
(6) “Support animal” means an animal, other than a service dog as defined in R.S. 46:1952, that does work, performs tasks, or provides assistance or therapeutic emotional support for individuals with disabilities.
(7) “Therapeutic relationship” means the provision of healthcare services by a healthcare provider in good faith and with actual knowledge of an individual's disability and that individual's disability-related need for a support animal. The term “therapeutic relationship” does not include services provided by an individual or entity that issues a certificate, license, letter, or similar document that purports to confirm, without conducting a meaningful assessment of an individual's disability or an individual's disability-related need for a support animal, that a person has either a disability or a disability-related need for a support animal.
Credits
Added by Acts 2024, No. 558, § 1.
§ 1974. Requirements for documentation produced by healthcare providers; prohibitions
A. No healthcare provider shall produce documentation relating to an individual's need for a support animal unless the healthcare provider complies with all of the following:
(1) Possesses an active and valid Louisiana license or an active license within a healthcare profession that has a licensure compact to perform the healthcare services being offered to an individual.
(2) Is qualified and licensed to evaluate and diagnose disabilities and has performed a disability assessment of an individual.
(3) Includes in the documentation relating to an individual's need for a support animal all of the following:
(a) The effective date of the documentation.
(b) The license number of the healthcare provider.
(c) The type of professional license held by the healthcare provider.
(4) Establishes a therapeutic relationship with an individual no less than thirty days prior to producing the documentation regarding the individual's need for a support animal.
(5) Has engaged with an individual in person or remotely in at least two sessions before issuing documentation determining that the individual requires a support animal.
(6) Performs a clinical evaluation of an individual no less than thirty days before producing documentation regarding the individual's need for a support animal.
B. No healthcare provider shall represent or attempt to represent that an individual has a disability requiring a support animal when an individual is not disabled or does not need a support animal on account of the individual's disability.
C. No individual shall represent or attempt to represent to a third party that the individual has a disability requiring a support animal when the individual is not disabled or does not require a support animal on account of the individual's disability.
Credits
Added by Acts 2024, No. 558, § 1.
§ 1975. Misrepresentation of service animal
No individual shall misrepresent an animal to be a service dog or service dog-in-training to a person or entity that owns or operates a public accommodation or a residential dwelling.
Credits
Added by Acts 2024, No. 558, § 1.
§ 1976. Notice requirements for the sale of support animals
A. (1) An individual or business that sells or provides an animal for use as a support animal shall provide a written notice to the buyer or recipient of the animal that states all of the following:
(a) The animal does not have the special training required to qualify as a service dog.
(b) The animal is not entitled to the rights and privileges accorded by law to a service dog.
(2) Misrepresenting an animal as a service dog or animal may subject an individual to a civil penalty pursuant to R.S. 46:1977.
B. An individual or business that sells or provides a certificate or letter for a support animal shall provide a written notice to the buyer or recipient that states the following:
(1) The item does not entitle a support animal to the rights and privileges accorded by law to a service dog.
(2) Misrepresenting an animal as a service dog may subject an individual to a civil penalty pursuant to R.S. 46:1977.
C. The written notice described in Subsections A and B of this Section shall be made in the following manner:
(1) In bold-typed print of no less than twelve-point font.
(2) Provided on any of the following:
(a) The receipt for the support animal.
(b) The product described in Subsection B of this Section.
(c) A separate piece of paper.
Credits
Added by Acts 2024, No. 558, § 1.
A. Any individual, business, or healthcare provider that violates the provisions in this Chapter shall be fined no more than five hundred dollars for the first offense.
B. Any individual, business, or healthcare provider that violates the provisions in this Chapter shall be fined no more than one thousand dollars for the second offense.
C. Any individual, business, or healthcare provider that violates the provisions in this Chapter shall be fined no more than two thousand five hundred dollars for the third or any subsequent offense.
Credits
Added by Acts 2024, No. 558, § 1.
Nothing in this Chapter shall be construed to restrict or modify any federal or state laws related to an individual's rights for reasonable accommodation and equal access to housing, including but not limited to rights afforded in accordance with the Louisiana Equal Housing Opportunity Act, R.S. 51:2601 et seq.; the Fair Housing Act, 42 U.S.C. 3601 et seq.; the Americans with Disabilities Act; or related state or federal legislation.
Credits
Added by Acts 2024, No. 558, § 1.