Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5-B - Health Provisions: Diseases and Conditions

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed on the basis of interest and mortality assumptions adopted in accordance with the provisions of Louisiana Revised Statutes 11:701
• Advertisement: includes all representations of fact or opinion disseminated to the public in any manner or by any means. See Louisiana Revised Statutes 40:700
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
• Agricultural products: include horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and other farm products;

  (2)  "Member" includes actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

  (3)  "Association" means any association organized under this Part; and,

  (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

• Allocation: means the official determination of the class to which a position in the classified service belongs. See Louisiana Revised Statutes 33:2533
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: means payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:701
• Appointing authority: means any official, officer, board, commission, council or person having the power to make appointments to positions in the municipal, parish or fire protection district fire service. See Louisiana Revised Statutes 33:2533
• Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2533
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means any association organized under this Part; and,

  (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Autologous donations: means the donation or collection of blood, blood products, or tissue from a patient strictly intended for that patient's own future use. See Louisiana Revised Statutes 40:1113.1
• average compensation: means his average earnable compensation for the five highest successive years of employment, or the highest five successive joined years where interruption of service occurred. See Louisiana Revised Statutes 11:701
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means the eligible recipient of a pension, annuity, retirement allowance, or other benefit provided in this Chapter. See Louisiana Revised Statutes 11:701
• Bequest: Property gifted by will.
• Board: means the municipal, parish, or fire protection district fire and police civil service board. See Louisiana Revised Statutes 33:2533
• Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 40:1103.2
• Board: shall mean the Louisiana Cancer and Lung Trust Fund Board. See Louisiana Revised Statutes 40:1105.1
• Board of trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
• Budget office: means the section of the division of administration which monitors budgeting functions. See Louisiana Revised Statutes 39:2
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• class of position: means a definitely recognized kind of employment in the classified service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities and consequent qualification requirements that they may fairly and equitably be treated alike under like conditions for all personnel purposes. See Louisiana Revised Statutes 33:2533
• Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2533
• Classified service: means every appointive office and position of trust or employment in the municipal government, parish government, or fire protection district government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2533
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Creditable service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person or entity engaged in the business of selling water treatment devices to the public. See Louisiana Revised Statutes 40:700
• Decedent: A deceased person.
• Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally involves less responsibility and provides less pay. See Louisiana Revised Statutes 33:2533
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1101.2
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1103.2
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1109.1
• Department: means the Louisiana Department of Health and "secretary" means the secretary thereof. See Louisiana Revised Statutes 40:700
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:701
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1125.11
• Department service: means employment in the public service offered and performed separately by the fire or police department of the municipality, parish or fire protection district. See Louisiana Revised Statutes 33:2533
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Down syndrome: means a chromosomal condition caused by the presence of an extra whole or partial copy of chromosome 21. See Louisiana Revised Statutes 40:1109.1
• Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2533
• Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2533
• Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive budget: means the document submitted to the legislature at each regular session, pursuant to the provisions of this Chapter and Louisiana Revised Statutes 39:2
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Functions: means duties, jurisdiction, powers, rights, and obligations, conferred or imposed upon, or vested in, any agency by law, or exercised, performed, or discharged by any agency without contravention of any provision of law. See Louisiana Revised Statutes 39:2
• Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care provider: shall mean every licensed health care facility and licensed health care provider, as defined in Louisiana Revised Statutes 40:1105.1
• Health care provider: means a person, partnership, corporation, facility, or institution licensed by the state or federal government to provide health care or professional services as a physician, osteopath, hospital, blood bank or tissue bank and/or an officer, employee, or agent thereof acting in the course and scope of his employment. See Louisiana Revised Statutes 40:1113.1
• Healthcare facility: means a facility, including but not limited to a hospital, or an office where a healthcare provider furnishes care to patients for health needs or medical conditions. See Louisiana Revised Statutes 40:1109.1
• Healthcare provider: includes a genetic counselor. See Louisiana Revised Statutes 40:1109.1
• HIV test: means a laboratory test approved by the Louisiana Department of Health to detect antibodies to the human immunodeficiency virus. See Louisiana Revised Statutes 40:1113.1
• Hospital: means a facility that is duly licensed as a hospital in accordance with the provisions of the Hospital Licensing Law, Louisiana Revised Statutes 40:1109.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legatee: A beneficiary of a decedent
• Lien: A claim against real or personal property in satisfaction of a debt.
• lists: means a reinstatement employment list, a promotional employment list, a competitive employment list and a re-employment list. See Louisiana Revised Statutes 33:2533
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Maximum benefit: means the retirement benefit a member is entitled to receive from the system set forth in Part IV of this Chapter in any month after giving effect to Louisiana Revised Statutes 11:701
• Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:701
• Member: includes actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

  (3)  "Association" means any association organized under this Part; and,

  (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

• Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
• Minor child: means an unmarried child under the age of twenty-one years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if a court of competent jurisdiction has, pursuant to the provisions of the Civil Code rendered a judgment of filiation declaring the paternity of such member for the child. See Louisiana Revised Statutes 11:701
• Natural person: means a human being. See Louisiana Revised Statutes 11:701
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: shall mean the office of the president. See Louisiana Revised Statutes 40:1105.1
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating hospital: shall mean every hospital operating as such in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
• Pathology laboratory: shall mean every pathology laboratory located or doing business in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
• Patient: means a natural person who receives health care from a health care provider. See Louisiana Revised Statutes 40:1113.1
• permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2533
• Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Position: means any office or employment in the municipal, parish or fire protection district, fire or police service, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2533
• positive reaction: means a positive HIV test with a positive confirmatory test, including, but not limited to the western blot. See Louisiana Revised Statutes 40:1113.1
• President: shall mean the president of the Louisiana State University System or his designee. See Louisiana Revised Statutes 40:1105.1
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Prior service: means service rendered prior to the date of establishment of the retirement system for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:701
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
• Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally involves increased responsibilities and provides increased pay. See Louisiana Revised Statutes 33:2533
• Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2533
• Quorum: The number of legislators that must be present to do business.
• Radiation center: shall mean every freestanding radiation diagnostic and treatment facility in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
• Re-employment list: means an employment list for the entrance or lowest ranking class in the classified service, or any group of classes that may be grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2533
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registry: means the sickle cell disease registry established by the provisions of this Subpart. See Louisiana Revised Statutes 40:1125.11
• reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2533
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
• Retirement allowance: means the sum of the annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:701
• Retirement system: means the Teachers' Retirement System of Louisiana as defined in Louisiana Revised Statutes 11:701
• Seniority: means the following:

              (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously, to and including the date of computation. See Louisiana Revised Statutes 33:2533

• Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
• Spouse: shall mean a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation, unless such person has voluntarily reconciled with the member and which reconciliation is established by a court of competent jurisdiction. See Louisiana Revised Statutes 11:701
• Statute: A law passed by a legislature.
• Student: means a person who satisfies all of the provisions of this Paragraph. See Louisiana Revised Statutes 11:701
• Subpoena: A command to a witness to appear and give testimony.
• Surplus: means the excess for any fiscal year of the actual monies received and any monies or balances carried forward over the actual expenditures paid by warrant or transfer for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
• Testator: A male person who leaves a will at death.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Water treatment device: means any instrument or contrivance sold at retail for residential use and designed to be added to the plumbing system of a water supply intended for human consumption to improve that water supply by any means including, but not limited to, filtration, purification, distillation, or conditioning. See Louisiana Revised Statutes 40:700
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.