HLS 24RS-1030 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 815
BY REPRESENTATIVE BILLINGS
HEALTH/LDH: Provides relative to certain federally-regulated information
1 AN ACT
2To enact Subpart E of Part IV of Chapter 5-D of Title 40 of the Louisiana Revised Statutes
3 of 1950, to be comprised of R.S. 40:1176.1, relative to certain federally-regulated
4 information; to require compliance with federal rules and regulations; to assign
5 certain duties to the Louisiana Department of Health; to impose penalties; to require
6 compliance from the Louisiana Department of Health; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Subpart E of Part IV of Chapter 5-D of Title 40 of the Louisiana Revised
10Statutes of 1950, comprised of R.S. 40:1176.1, is hereby enacted to read as follows:
11SUBPART E. RIGHT TO FEDERALLY-REGULATED AND APPROVED MEDI CAL
12 AND PHARMACEUTI CAL INFORMATION
13 ยง1176.1. Right to federally-regulated drug and treatment information; prohibition
14 of noncompliant materials; penalties
15 A. The Louisiana Department of Health shall ensure that all descriptive
16 advertising and promotional materials relating to drugs, pharmaceuticals, medical
17 treatments, or vaccines created or displayed by the department follow the respective
18 federal laws and adhere to the United States Food and Drug Administration rules
19 regarding commercial advertising.
20 B.(1) The manufacturer of any drug, pharmaceutical, medical treatment, or
21 vaccine-related advertisements or promotional materials that are noncompliant with
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HB NO. 815
1 the provisions set forth in Subsection A of this Section shall receive notice from the
2 Louisiana Department of Health within thirty days of the publication or broadcast of
3 the noncompliant advertisement or material, detailing how to comply with United
4 States Food and Drug Administration regulations without penalty.
5 (2) The manufacturer shall remedy its noncompliance within thirty days of
6 receiving notice.
7 (3) If, after notice has been received, the thirty-day-period has lapsed, and
8 the drug, pharmaceutical, medical treatment, or vaccine-related advertisement or
9 promotional material still does not comply with the provisions of this Section, it shall
10 be subject to immediate removal from publication and broadcast.
11 C.(1) The Louisiana Department of Health shall produce only drug,
12 pharmaceutical, medical treatment, or vaccine-related advertisements and
13 promotional materials that comply with the provisions of this Section and the
14 regulations set forth by the United States Food and Drug Administration.
15 (2) The Louisiana Department of Health shall utilize existing staff to carry
16 out the provisions set forth in Subsections A and B of this Section.
17 (3) The Louisiana Department of Health shall promulgate rules as necessary
18 to implement the provisions of this Section.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 815 Original 2024 Regular Session Billings
Abstract: Requires the La. Dept. of Health (LDH) to ensure that all descriptive advertising
and promotional material relating to drugs, pharmaceuticals, medical treatments, or
vaccinations follow certain federal laws and rules.
Proposed law requires LDH to ensure that all descriptive advertising and promotional
material relating to drugs, pharmaceuticals, medical treatments, or vaccinations follow
certain federal laws and rules.
Proposed law provides that the federal rules and regulations relative to commercial
advertisement shall apply.
Proposed law provides that notice of noncompliance shall be given to the manufacturer of
the drug, pharmaceutical, medical treatment, or vaccine-related advertisement or
promotional material within 30 days of the publication or broadcast of such noncompliant
advertisements or promotional material.
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HB NO. 815
Proposed law further requires the manufacturer to remedy its noncompliance within 30 days
of receiving notice. If, after notice has been received and the 30-day period has lapsed, the
drug, pharmaceutical, medical treatment, or vaccine-related advertisement or promotional
material shall be subject to immediate removal from publication and broadcast if it continues
to be noncompliant.
Proposed law requires LDH to produce only advertisements and promotional materials that
comply with the provisions of proposed law and federal regulations.
Proposed law requires LDH to use existing staff and promulgate rules as necessary to carry
out the provisions of proposed law.
(Adds R.S. 40:1176.1)
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