Louisiana Senate Bill SB61

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Report Pass: 3/28/12
• Engrossed: 4/3/12
• Refer: 4/4/12
• Refer: 4/9/12
• Report Pass: 5/2/12
• Enrolled: 5/21/12
• Chaptered: 5/31/12
• Passed: 5/31/12

Caption

Authorizes the secretary of the Department of Health and Hospitals to issue stop order rules on certain dangerous substances. (8/1/12)

Impact

The bill provides the Louisiana Department of Health and Hospitals with a systematic approach to rapidly address new and emerging drugs that are not classified as controlled substances but present serious health risks. The authority granted to the secretary to issue stop orders allows for a more flexible regulatory response, tailored to address public health emergencies without waiting for the lengthy legislative process. This is particularly crucial given the fast evolution of synthetic drugs, which can bypass existing laws due to their ever-changing chemical compositions.

Summary

Senate Bill 61, enacted by the Louisiana Legislature, aims to bolster the state's ability to manage and regulate dangerous substances that pose imminent hazards to public health and safety. This bill empowers the secretary of the Department of Health and Hospitals to assess and declare certain substances as dangerous, thereby allowing for the issuance of stop orders to prohibit their sale, distribution, or dispensing. The legislation is a response to the growing prevalence of synthetic drugs such as cannabinoids and 'bath salts', which have shown significant potential for abuse and dangerous health effects.

Sentiment

General sentiment around SB 61 appears to be positive, especially among public health advocates who support measures enhancing the state's ability to mitigate substance abuse and its related consequences. Supporters argue that the bill reflects a proactive step towards protecting citizens from the dangers of rapidly spreading harmful substances. Critics, however, may argue about concerns regarding the potential for overreach in regulatory authority, particularly with how quickly substances can be classified and controlled without comprehensive legislative review.

Contention

One notable point of contention could arise around the procedural safeguards involved in declaring a substance 'dangerous.' The bill’s provision allowing the secretary to act rapidly in response to public health threats may raise concerns regarding the thoroughness of assessing substances before they are classified. There may also be debates about the adequacy of the due process involved for parties affected by stop orders, as well as ensuring there is sufficient evidence to justify the declaration of a substance as dangerous.