§ 44:4 — Applicability

Louisiana § 44:4

• Jurisdiction: Louisiana
• Title 44: Public Records and Recorders

Text

§4. Applicability
This Chapter shall not apply:
(1) To any tax return or the information contained in any tax return. However, the
name and address of any person who obtains an occupational license, the information on the
face of the license, and information as to whether an occupational license has been issued to
a particular person shall be public records.
(2) To the name of any person or any other information from the records, papers or
files of the state or its political subdivisions or agencies, concerning persons applying for or
receiving old age assistance, aid to the blind, or aid to dependent children.
(3) To any records, writings, accounts, letters, letter books, photographs or copies
thereof, in the custody or control of any officer, employee, agent or agency of the state whose
duties and functions are to investigate, examine, manage in whole or in part, or liquidate the
business of any private person, firm or corporation in this state, when the records, writings,
accounts, letters, letter books, photographs or copies thereof, pertain to the business of the
private person, firm or corporation, and are in their nature confidential.
(4)(a) To any records, writings, accounts, letters, letter books, photographs, reports
of examination, work papers of examiners, including loan write-ups, line sheets, handwritten
notes, loan classification documentation, and any other documentation relating to the
financial statements of a financial institution's borrowers, or other entity supervised by the
Office of Financial Institutions, except as otherwise provided in R.S. 6:103, R.S. 9:3518.1,
R.S. 37:1806, or R.S. 51:1934 or 2389. This exception shall apply to any financial
institution governed by Title 6 of the Louisiana Revised Statutes of 1950, supervised entities
licensed under Title 9 of the Louisiana Revised Statutes of 1950, and those entities licensed
and supervised by the Office of Financial Institutions pursuant to Title 37 or 51 of the
Louisiana Revised Statutes of 1950, including those which are exercising the privileges
granted by their charters or licenses, as well as those which have been determined to be
insolvent or operating in an unsafe and unsound condition and have lost their deposit
insurance coverage, or, for other legal reasons have been closed and placed in
conservatorship or receivership by the commissioner of financial institutions, or whose
licenses issued under the provisions of Title 9, 37, or 51 of the Louisiana Revised Statutes
of 1950 have been terminated for any lawful reason.
(b) To copies of items exempted under Subparagraph (a) of this Paragraph in the
custody or control of the Office of Financial Institutions or any agent or employee of that
agency, except as otherwise provided in R.S. 6:103, R.S. 9:3518.1, R.S. 37:1806, or R.S.
51:1934 or 2389.
(c) To investigative records of the Office of Financial Institutions which pertain to
the application of any person for a charter or license for a new financial institution, and the
confidential portion of any application by an entity chartered, licensed, and/or supervised by
the Office of Financial Institutions pursuant to Title 6, 9, 37, or 51 of the Louisiana Revised
Statutes of 1950, except as otherwise provided in R.S. 6:103, R.S. 9:3518.1, R.S. 37:1806,
or R.S. 51:1934 or 2389.
(d) To records of the Office of Financial Institutions which pertain to the application
for a merger approval or an additional branch office for any existing financial institution
governed by Titles 6 and 9 of the Louisiana Revised Statutes of 1950, except as otherwise
provided in R.S. 6:103.
(5)(a) To any daily reports or endorsements filed by insurance companies doing
business in this state with the commissioner of insurance in accordance with the laws of this
state.
(b) All risk-based capital reports filed with the Department of Insurance pursuant to
R.S. 22:611 through 620.
(6)(a) To any records, writings, accounts, letters, letter books, photographs, or copies
or memoranda thereof in the custody or control of the legislative auditor, unless otherwise
provided.
(b) To any records, writings, accounts, letters, letter books, photographs, or copies
or memoranda thereof in the custody or control of the state child ombudsman, unless
otherwise provided.
(c) To the actual working papers of the internal auditor of a municipality until the
audit is complete, unless otherwise provided.
(7) To any records, writings, accounts, letters, letter books, photographs or copies
or memoranda thereof, and any report or reports concerning the fitness of any person to
receive, or continue to hold, a license to practice medicine or midwifery, in the custody or
control of the Louisiana State Board of Medical Examiners.
(8) To any records, data, writings, accounts, reports, letters, exhibits, pictures,
photographs, drawings, charts, maps or copies or memoranda thereof, whether written or
oral, filed by or received from any person by the commissioner of conservation, or any
official or employee in the Department of Conservation, or which in any manner is in the
custody or control of the commissioner of conservation, or any official or employee in the
Department of Conservation, which pertain to or in any way involve estimated or proven
recoverable reserves of oil, gas or other minerals in place, and the same has been declared,
presented or received as confidential at the request of the lawful owner thereof; provided,
however, statistical reports which do not reveal the identity of any owner or operator, either
directly or by inference, may be released to the public by the commissioner of conservation.
(9) To any records, writings, accounts, letters, letter books, photographs or copies
or memoranda thereof, and any report or reports concerning the fitness of any person to
receive, or continue to hold, a license to practice as a registered nurse in the custody or
control of the Louisiana State Board of Nursing; however, any action taken by the board, and
any legal grounds upon which such action is based, relative to the fitness of any person to
receive, or continue to hold, a license to practice as a registered nurse shall be a public
record.
(10) To any records, data, writings, accounts, reports, letters, exhibits, pictures,
photographs, drawings, charts, maps, or copies or memoranda thereof, whether written or
oral, filed by or received from the Energy Information Administration of the United States
Department of Energy by the secretary of the Department of Conservation and Energy or any
official or employee in the Department of Conservation and Energy if nondisclosure to any
other person or public body was a requirement for obtaining same and the information could
not otherwise be obtained by law from that agency; and to any records or information filed
with or received by the secretary of the Department of Conservation and Energy or any
official or employee in the Department of Conservation and Energy from any person who is
required by federal law to supply same to the state which information is not available to the
public under federal law. Statistical reports which do not reveal, directly or by inference, the
identity of the individual sources of the information compiled by the Department of Energy
may be released to the public by the secretary of the Department of Conservation and Energy.
(11) To any records, writings, accounts, letters, exhibits, data, pictures, drawings,
charts, photographs, or copies or memoranda thereof, and any report or reports concerning
the fitness of any person to receive or continue to hold a license to practice as a dentist or as
a dental hygienist in the custody or control of the Louisiana State Board of Dentistry;
however, any final determination made by the board, and any legal grounds upon which such
action is based, relative to the fitness of any person to receive or continue to hold a license
to practice as a dentist or as a dental hygienist shall be a public record.
(12) To any report, records, writings, accounts, letters, exhibits, data, pictures,
drawings, charts, photographs, or copies or memoranda thereof, concerning the fitness of any
person to receive or continue to hold a license to practice as a veterinarian in the custody or
control of the Louisiana Board of Veterinary Medicine; however, any final determination
made by the board, and any legal grounds upon which such action is based, relative to the
fitness of any person to receive or continue to hold a license to practice as a veterinarian shall
be a public record.
(13) To any of the following for use in the operation of or in connection with any
automated broker interface system or any automated manifest system conducted by any deep
water or shallow draft port commission of the state and licensed to, leased to, commissioned
by, deposited with, or otherwise acquired by such port commission for such purpose:
(a) Any computer system or program including any computer software or related
menus, flow charts, source materials, prompts, dialogues, data bases, manuals, and any other
computer operating or support materials.
(b) Any financial or trade secrets or other third party proprietary information of any
person, firm, corporation, agency, or other entity, whether governmental or private.
(14) To any records of the Louisiana Department of Health, office of public health,
which contain any technical information pertaining to any formula, method, or process which
is a trade secret which has been submitted by any manufacturer of a product or mechanical
sewage treatment plant in order to obtain or retain approval of such product for sale or use
in this state or in order to assist the office in carrying out and enforcing the sanitary laws and
regulations of the state.
(15)(a) To any pending claims or pending claim files in the custody or control of the
office of risk management, division of administration, or similar records in the custody of
any municipality or parish; to any information concerning pending legal claims in the files
of any attorney representing the state or any municipality in connection with the office of risk
management, division of administration, or any office with similar responsibilities of any
municipality or parish; or to any pending claims relating to loss reserves maintained or
established by the office of risk management, division of administration, or any office with
similar responsibilities of any municipality or parish, for any claims or for losses incurred
but not reported; however, this Chapter shall be applicable to reserves as reported in the
financial statement of the office of risk management, division of administration, or any
municipality or parish. Nothing in this Paragraph shall be construed or interpreted in a
manner as to prevent or inhibit in any manner the chairman and vice chairman of the Joint
Legislative Committee on the Budget and the litigation subcommittee of the Joint Legislative
Committee on the Budget from obtaining dollar amounts billed by and paid to contract
attorneys and experts in defense of claims against the state that the chairman or vice
chairman or the subcommittee determines is necessary to perform functions and duties
relative to the evaluation of performance or the determination of budget policy; however, no
legislator or any committee of the legislature shall disclose any confidential information so
obtained that would jeopardize or have a detrimental effect on the litigating position of the
state.
(b) To any documentation or other information related to a closed litigated claim that
is provided by a state entity to the litigation subcommittee of the Joint Legislative Committee
on the Budget pursuant to R.S. 24:653(H)(3).
(16) To the following records of a board or institution of higher learning, in
accordance with rules and regulations promulgated by the Board of Supervisors for the
University of Louisiana System, the Board of Supervisors of Louisiana State University and
Agricultural and Mechanical College, and the Board of Supervisors of Southern University
and Agricultural and Mechanical College, or their successors, in conjunction with the Board
of Regents, for programs and institutions under their supervision and management, unless
access to the records is specifically required by state or federal statute or is ordered by a court
under rules of discovery:
(a) Trade secrets and commercial or financial information obtained from a person,
firm, or corporation, pertaining to research or to the commercialization of technology,
including any such information designated as confidential by such person, firm, or
corporation, but not including any such information relating to the identity of principals,
officers, or individuals and entities directly or indirectly owning or controlling an entity other
than a publicly held entity, or the identity of principals, officers, or individuals and entities
directly owning or controlling five percent or more of a publicly held entity.
(b) Data, records, or information produced or collected by or for faculty or staff of
state institutions of higher learning in the conduct of or as a result of, study or research on
commercial, scientific or technical subjects of a patentable or licensable nature, whether
sponsored by the institution alone or in conjunction with a governmental body or private
concern, until such data, records, or information have been publicly released, published, or
patented.
(c) Those portions of research proposals, supporting documentation and information,
submitted by an institution of higher learning to the Board of Regents' Louisiana Education
Quality Support Fund Program, which have been certified by the institution as containing
data, information, ideas, or plans of a potentially patentable or licensable nature, including
any discussions or written comments concerning such information by reviewers of the
proposals, but not including reviewer ratings, until such data, records, or information have
been publicly released, published, or patented.
(d) Those portions of private document collections donated to state institutions of
higher learning for historical research or preservation purposes, which are designated by the
donor to have restricted access for a specific period of time.
(e) Test questions, scoring keys, and other examination data pertaining to the
administration of an academic examination.
(f) Teaching materials used by faculty that are not provided to students, including
unpublished lecture notes, outlines, slides, syllabi, or recordings.
(17) To any records or information required of hospitals by the Louisiana
Department of Health as a condition of hospital licensure pursuant to R.S. 40:2104(B).
(18) To any records, writings, accounts, letters, letter books, photographs, or copies
or memoranda thereof, and any report or reports concerning the fitness of any person to
receive, or continue to hold, a license to practice chiropractic, in the custody or control of the
Louisiana Board of Chiropractic Examiners. However, any final determination made by the
board, and any legal grounds upon which such action is based, relative to the fitness of any
person to receive or continue to hold a license to practice as a chiropractor shall be a public
record.
(19) To any records or information defined as "confidential data" as provided in R.S.
40:3.1.
(20) To any records, notes, or maps within the Louisiana Department of Wildlife and
Fisheries' Natural Heritage Program database on rare, threatened, or endangered species or
unique natural communities.
(21) To any information received by the Department of Agriculture and Forestry as
a result of questionnaires sent to private persons regarding the timber industry; however, the
compiled results shall be public record. Notwithstanding the provisions of this Paragraph,
the Department of Agriculture and Forestry shall provide any information which it receives
as a result of such questionnaires to the Louisiana Tax Commission upon request of the
commission.
(22) To any records or information defined as confidential under provisions of R.S.
40:2018(I).
(23) To the name and address of a law enforcement officer in the custody of the
registrar of voters or the secretary of state, if certified by the law enforcement agency
employing the officer that the officer is engaging in hazardous activities to the extent that it
is necessary for his name and address to be kept confidential.
(24) To accident reports, and the information in accident reports, as provided in R.S.
32:398(K).
(25) To any information, documents, or records received by the Louisiana State
Child Death Review Panel, or any local or regional panel established by the Louisiana State
Child Death Review Panel defined as confidential under the provisions of R.S. 40:2019(F).
(26) To any records, writings, accounts, letters, exhibits, pictures, drawings, charts,
photographs, or copies or memoranda thereof, in any reports of examinations or evaluations
or any other information or data concerning the fitness of any person to receive, or continue
to hold, a license or certificate to practice social work or clinical social work in the custody
or control of the Louisiana State Board of Social Work Examiners. However, any final
determination made by the board, and any legal grounds upon which such action is based,
relative to the fitness of any person to receive or to continue to hold a license or certificate
to practice social work shall be a public record.
(27)(a) To any testing instrument used or to be used by the state Department of
Education or the State Board of Elementary and Secondary Education to assess the
performance of individual students, nor to any answers for such tests or any individual
student scores on such tests.
(b) Nothing in Subparagraph (a) of this Paragraph shall prohibit any person
authorized by policies adopted by the state Department of Education or the State Board of
Elementary and Secondary Education from having access to the test instrument, test answers,
or any individual student scores on such tests as necessary for the performance of his duties
and responsibilities, nor any parent or guardian of a child who has taken any such test from
having access to or being provided the child's individual test scores.
(28) To the name of any person, contained within or referred to in the records, papers
or files of the Crime Victims Reparations Board, applying for or receiving funds from the
Crime Victims Reparations Fund. In lieu of the person's name, the person's file number shall
be utilized.
(29) To any records, writings, accounts, recordings, letters, exhibits, data, pictures,
drawings, charts, photographs, or copies or memoranda thereof, and any report or reports
concerning the fitness of any person to receive or continue to hold a license to practice as a
psychologist in the custody or control of the Louisiana State Board of Examiners of
Psychologists or to receive or continue to hold a license to practice as a medical psychologist
in the custody or control of or the Louisiana State Board of Medical Examiners; however,
any action taken by the board and any legal grounds upon which such action is based, relative
to the fitness of any person to receive or continue to hold a license to practice as a
psychologist shall be a public record, and statistical reports which do not reveal the identity
of any licensed psychologist may be released to the public.
(30) To personal information of toll patrons of the Crescent City Connection and the
Greater New Orleans Expressway. For the purposes of this Paragraph "personal information"
means the address, telephone number, social security number, or financial account numbers
of a toll patron who pays toll charges when such information is supplied by a toll patron to
the Crescent City Connection Division or the Greater New Orleans Expressway Commission,
and the date or time a toll patron has traversed the Crescent City Connection or the Greater
New Orleans Expressway.
(31) To proprietary information provided to a communications district by a service
supplier, as defined in R.S. 33:9106. "Proprietary information" as used in this Paragraph
shall mean customer telephone numbers, information relating to the quantity, technical
destination, location, and amount of use of a telecommunications service subscribed to by
any customer of a telecommunications carrier, and information that is made available to the
carrier by the customer solely by virtue of the carrier-customer relationship.
(32) To any records, writings, accounts, recordings, letters, exhibits, data, pictures,
drawings, charts, photographs, or copies of memoranda thereof, and any report concerning
the fitness of any person to receive or continue to hold a license to practice as a practical
nurse in the custody or control of the Louisiana State Board of Practical Nurse Examiners;
however, any final determination made by the board, and any legal grounds upon which such
action is based, relative to the fitness of any person to receive or continue to hold a license
to practice as a practical nurse shall be a public record.
(33)(a) To the name, address, and telephone number of any student enrolled in any
public elementary or secondary school in the state in a record of a public elementary or
secondary school or a city or parish school board.
(b) Nothing in Subparagraph (a) of this Paragraph shall prohibit any official or
employee of any public elementary or secondary school, the state Department of Education,
or the State Board of Elementary and Secondary Education from having access to a student's
name, address, and telephone number but only as necessary for the performance of his duties
and responsibilities.
(34)(a) To the social security number of any teacher or school employee employed
by a city, parish, or other local public school board or any nonpublic school.
(b) Nothing in Subparagraph (a) of this Paragraph shall prohibit any official or
employee of any elementary or secondary school at which the teacher or school employee
works, of the school board employing the teacher, of the state Department of Education, or
of the State Board of Elementary and Secondary Education from having access to the social
security number of a teacher or school employee but only as necessary for the performance
of the duties and responsibilities of such official or employee.
(c) For the purposes of this Paragraph, "school board" shall include any city, parish,
or other local public school board and the governing authority of any nonpublic school.
(35) To any records, writings, accounts, letters, exhibits, pictures, drawings, charts,
or photographs, or copies or memoranda thereof, in any reports of examinations or
evaluations or in any other information or data in the custody of the Louisiana Board of
Pharmacy concerning the fitness of any person to receive, or continue to hold, a license,
permit, certificate, or registration to practice or assist in the practice of pharmacy. However,
any final determination made by the board and any legal grounds upon which such action is
based, relative to the fitness of any person to receive or continue to hold a license, permit,
certificate, or registration to practice or assist in the practice of pharmacy shall be a public
record.
(36) To terms and conditions of the rebate agreement, rebate amounts, percent of
rebate, manufacturer's pricing, and supplemental rebates which are contained in records of
the Louisiana Department of Health and its agents with respect to supplemental rebate
negotiations for prescription drug coverage by the Medicaid Program and which are prepared
pursuant to a supplemental rebate agreement, provided that the total amount of supplemental
rebates recouped by the department shall be a public record. Such information shall be
considered proprietary and confidential, provided that such information shall be subject to
review by the legislative auditor and the legislative fiscal officer.
(37) To any protected health information as defined in R.S. 29:762 pursuant to the
Louisiana Health Emergency Powers Act.
(38) To any records, data, writings, accounts, reports, letters, exhibits, pictures,
photographs, drawings, charts, maps, e-mail, or copies or memoranda thereof, whether
written or oral, in the custody of the office of conservation contained in pipeline security
procedures developed to prevent potential terrorist-related threats or activities, including
physical security information, proprietary information, vulnerability assessments, operational
plans and analysis of such information, and internal security information. Nothing in this
Paragraph shall prevent the office of conservation from transmitting information to the
United States Department of Transportation as necessary for the performance of their duties
and functions.
(39) To any records, writings, accounts, letters, letter books, photographs, or copies
or memoranda thereof, and any report or reports concerning the fitness of any person to
receive, or continue to hold, a license to practice optometry, in the custody or control of the
Louisiana State Board of Optometry Examiners. However, any final determination made by
the board after an adjudication hearing, other than by consent order, agreement, or other
informal disposition shall be a public record.
(40) To any records, writings, plans, blueprints, or any information pertaining to
security systems or features submitted to obtain a building permit on file in the office of a
regulatory agency or official; any records, writings, plans, blueprints, or information
submitted to obtain a building permit which details the interior layout of a residence or public
school building or facility to such an extent that access thereto would make such residence
or public school building or facility particularly vulnerable to burglary or other criminal
activity; or any records, writings, plans, blueprints, or information containing any proprietary
work product, design, or plan of any architect or engineer submitted to obtain a building
permit; however, this Chapter shall be applicable to any survey or plot plan submitted solely
for the purposes of displaying the outline of a building on a lot or lots of record in order to
show compliance with setback requirements of a zoning ordinance or other such regulatory
law.
(41) To the following information related to a credit card issued to a public body: the
entire credit card number, the credit card expiration date, the passcode or access code, the
credit card personal identification number or "PIN", or any other information which could
be used to make a charge to the credit card account or otherwise access the credit card
account information; however, this Chapter shall apply to all other information regarding the
credit card and credit card account.
(42) To any portion of a notarial examination administered or to be administered by
the secretary of state, nor to any answers for such a notarial examination.
(43) To the information contained in an application of an applicant under the age of
eighteen who is applying for membership on the Louisiana Legislative Youth Advisory
Council, except as otherwise provided in R.S. 24:973.1(G).
(44) To any records, writings, accounts, letters, letter books, photographs, actual
working papers, or copies thereof, any of which is in the custody or control of any officer,
employee, or agent of the Louisiana Cemetery Board and which pertains to an investigation
of the business of a cemetery authority that is under investigation; however any such record
shall be public record and subject to the provisions of this Chapter when introduced as
evidence before an administrative or other judicial tribunal or when the investigation is
complete.
(45) To records, data, writings, accounts, reports, letters, exhibits, pictures,
photographs, drawings, charts, maps, or copies thereof, whether written or oral, received
from any person by the Department of Wildlife and Fisheries, which pertain to or in any way
involve information relative to activities associated with the egg collection, stocking, captive
breeding, or farming inventory of alligators, or shipment of alligators or alligator skins
domestically, nationally, or internationally; however, aggregate, statistical reports that do not
reveal, directly or by inference, the identity of the individual source of the information
compiled by the Department of Wildlife and Fisheries may be released to the public by the
secretary of the department.
(46) To any records, writings, accounts, recordings, letters, exhibits, pictures,
drawings, charts, photographs, or copies thereof, and any report or examinations or
evaluations or any other information or data concerning the fitness of any person to receive
or continue to hold a license or certificate to practice counseling and therapy in the custody
or control of the Louisiana Licensed Professional Counselors Board of Examiners; however,
any final action taken by the board, and any legal grounds upon which such action is based,
relative to the fitness of any person to receive or to continue to hold a license or certificate
to practice counseling and therapy may be released to the public.
(47)(a) To the physical medium or contents of any electronic storage device
including any compact disc, digital video disc, jump drive, audio or video cassette tape, or
any other type of electronic storage device, or to any shorthand or longhand notes or writings
or stenotype paper tapes in the custody or under the control of a judge, clerk of court, official
court reporter, deputy official court reporter, or certified electronic reporter and which are
produced, made, or used by an official court reporter, deputy official court reporter, free
lance reporter, or certified electronic reporter in any court of record of the state during any
proceedings before that court to report the proceedings or for the purpose of transcribing into
typewriting those portions of the proceedings required by law or by the court to be
transcribed.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to the
physical medium or contents of any electronic storage device if used or referred to in any
hearing, administrative proceedings, or disciplinary proceeding, the record of which is public
according to law, before the Judiciary Commission of Louisiana, the Office of Disciplinary
Counsel, the Louisiana Attorney Disciplinary Board, the Board of Examiners of Certified
Shorthand Reporters, or any board, hearing officer, or panel of such entities.
(c) As used in this Paragraph, the terms "official court reporter", "deputy official
court reporter", "free-lance reporter", and "certified electronic reporter" shall have the same
meanings as provided in R.S. 13:961 and R.S. 37:2555.
(48) To any tax information in the possession of the Board of Tax Appeals that is
required by law to be held confidential or privileged or to any internal correspondence among
the members and staff of the Board of Tax Appeals pertaining to discussion of a case being
adjudicated by the board.
(49) To questionnaires completed by members of a petit jury venire whether
completed pursuant to the Code of Criminal Procedure Article 416.1 or upon response to a
subpoena to jury service. This shall not prohibit the dissemination of such questionnaires to
attorneys licensed in this state. This shall not prohibit the dissemination of venire lists as
required by the Code of Criminal Procedure Article 417(B).
(50)(a) To security surveillance video of the capitol area and grounds or to any
images on security surveillance video of the capitol area and grounds regardless of format.
(b) For purposes of this Paragraph, the phrase "capitol area and grounds" shall mean
the state capitol and the parking areas and grounds immediately surrounding the state capitol,
the capitol annex and the parking areas and grounds immediately surrounding the capitol
annex, and the pentagon barracks buildings and the parking areas and grounds immediately
surrounding the pentagon barracks buildings.
(51) To any records, writings, accounts, recordings, letters, exhibits, pictures,
drawings, charts, photographs, memoranda, reports, examinations, or evaluations, or copies
thereof, in the custody of the State Licensing Board for Contractors concerning the fitness
of any person to receive or continue to hold a license issued by the board. However, any
such record may be released to the public in an administrative proceeding before the board,
and any final determination made by the board relative to the fitness of any person to receive
or to continue to hold a license issued by the board and any legal grounds upon which such
determination is based shall be a public record.
(52) To any portion of an examination administered or to be administered by the State
Licensing Board for Contractors, or to any answers for such an examination administered or
to be administered by the board. However, any person who has taken an examination
administered by the board may inspect his examination.
(53) To any records, writings, accounts, recordings, letters, exhibits, pictures,
drawings, charts, photographs, memoranda, reports, examinations, or evaluations, or copies
thereof, concerning the fitness of any person to receive or continue to hold a certificate issued
pursuant to Chapter 32 of Title 37 of the Louisiana Revised Statutes of 1950 in the custody
or control of the Board of Examiners of Certified Shorthand Reporters. However, any such
record may be released to the public in an administrative proceeding before the board, and
any final determination made by the board relative to the fitness of any person to receive or
to continue to hold a certificate issued pursuant to Chapter 32 of Title 37 of the Louisiana
Revised Statutes of 1950 and any legal grounds upon which such determination is based shall
be a public record.
(54) To the personal information of a peace officer as provided in R.S. 15:1212.1(E)
in the custody of the Council on Peace Officer Standards and Training or the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice.
(55) To any records, writings, accounts, recordings, letters, exhibits, pictures,
drawings, charts, photographs, memoranda, reports, examinations, or evaluations, or copies
thereof, in the custody or control of the State Board of Architectural Examiners concerning
the fitness of any person to receive or continue to hold a license or certificate of registration
to practice architecture. However, any such record may be released to the public in an
administrative proceeding before the board, and any final determination made by the board
relative to the fitness of any person to receive or continue to hold a license or certificate of
registration to practice architecture and any legal grounds upon which such determination is
based shall be a public record.
(56) To personally identifiable information of any person who reports a violation of
a student code of conduct or other policy intended for the safety of students or employees of
a postsecondary education institution, personally identifiable information of any reported
witness to the reported violation, and, if the reported violation involves violence or abuse,
personally identifiable information of any person who may be a victim of violence or abuse
directly related to the reported violation if such information is in the custody or control of
the postsecondary education institution or management board and was received in accordance
with adopted, written policies applicable to the postsecondary education institution and the
students and employees of the postsecondary education institution, unless access to the
information is specifically required by other provisions of law of this state or by federal law
or is ordered by a court under rules of discovery.
(57)(a) To the social security number, driver's license number, financial institution
account number, credit or debit card number, or armed forces identification number of a
private person who has submitted the information to a public body or official.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to such
information in records recorded in the mortgage or conveyance records, in records of a court,
or in marriage records.
(c) The provisions of Subparagraph (a) of this Paragraph shall not prohibit the
disclosure of the driver's license number of a person to an insurer or insurance support
organization, or a self-insured entity, or its agents, employees, or contractors, in connection
with claims investigation activities, antifraud activities, rating, or underwriting.
(d) The provisions of Subparagraph (a) of this Paragraph shall not prohibit the
disclosure of the driver's license number of a person to a person or entity eligible to receive
driver's license or vehicle information contained in the records of the office of motor vehicles
when such person or entity is eligible to receive the information pursuant to the federal
Driver's Privacy Protection Act.
(58) To any patient healthcare data required by operation of law or regulation to be
reported by a healthcare provider to the state without the express written consent of the
patient or the patient's parent or legal guardian.
(59) To any records, data, writings, accounts, reports, recordings, letters, exhibits,
pictures, drawings, charts, photographs, memoranda, evaluations, or copies thereof, in the
custody or control of any state agency, department, board, or commission required to deposit
monies in the state treasury in accordance with Article VII, Section 9(A) of the Constitution
of Louisiana, concerning cybersecurity plans, financial security procedures, or the assessment
or implementation of any such plans or procedures.
(60) To the specific monetary value and name of the company that remitted assets
held in the state treasury pursuant to the Uniform Unclaimed Property Act of 1997, except
as provided by R.S. 9:161.
(61) To the name, address, telephone number, email address, social security number,
driver's license number, or copy of a license or other form of identification provided by a
claimant of property held in the state treasury pursuant to the Uniform Unclaimed Property
Act of 1997, except as provided by R.S. 9:161. However, the provisions of this Paragraph
shall not prevent a judgment creditor or a person who can demonstrate entitlement to the
property from obtaining the name and address of a claimant of property through a public
records request.
(62)(a) To any records, files, documents, and communications, and information
contained therein, that are made, generated, received, or maintained by or in connection with
a peace officer and public safety personnel peer support program or session conducted by a
trained peer support member, as defined in R.S. 40:2411(C) or any other provision of law.
(b) To any records, files, documents, and communications, and information contained
therein, that are made, generated, received, or maintained by the Louisiana Commission on
Law Enforcement and Administration of Criminal Justice relating to the personal
information of approved peer support members as defined in R.S. 40:2411(C) or any other
provision of law.
NOTE: Paragraph (63) not eff. unless and until sufficient funds are available through
nongovernmental sources or are specifically appropriated by the legislature. See Acts 2021,
No. 320.
(63) To any information, documents, or records received by the Louisiana Domestic
Abuse Fatality Panel, or any local or regional panel of the Louisiana Domestic Abuse
Fatality Review Panel defined as confidential under the provisions of R.S. 40:2024.5.
(64) To any information, documents, or records received by an overdose fatality
review panel defined as confidential under the provisions of R.S. 40:2025.5.

Legislative History

Amended by Acts 1950, No. 155, §1; Acts 1976, No. 133, §1, eff. July 16, 1976; Acts 1979, No. 639, §1; Acts 1981, No. 898, §1, eff. Aug. 2, 1981; Acts 1982, No. 387, §1; Acts 1982, No. 867, §1, eff. Aug. 4, 1982; Acts 1983, No. 590, §2, eff. July 14, 1983; Acts 1984, No. 664, §1, eff. July 13, 1984; Acts 1985, No. 62, §1; Acts 1986, No. 215, §1; Acts 1986, No. 784, §1; Acts 1987, No. 732, §1; Acts 1988, No. 296, §1; Acts 1988, No. 102, §1, eff. June 29, 1988; Acts 1989, No. 229, §2; Acts 1989, No. 533, §1; Acts 1990, No. 59, §2, eff. June 26, 1990; Acts 1990, No. 67, §1; Acts 1990, No. 769, §1; Acts 1990, No. 831, §1, eff. July 24, 1990; Acts 1991, No. 167, §1; Acts 1991, No. 477, §1, eff. July 15, 1991; Acts 1991, No. 515, §2; Acts 1991, No. 810, §2; Acts 1992, No. 878, §2; Acts 1993, No. 837, §2, eff. July 1, 1993; Acts 1995, No. 1203, §2, eff. June 29, 1995; Acts 1997, No. 366, §4; Acts 1999, No. 736, §2; Acts 1999, No. 793, §2; Acts 2000, 1st Ex. Sess., No. 48, §1, eff. April 17, 2000; Acts 2000, 1st Ex. Sess., No. 58, §1; Acts 2001, No. 451, §4, eff. Jan. 12, 2004; Acts 2001, No. 481, §1; Acts 2001, No. 534, §1, eff. June 21, 2001; Acts 2001, No. 581, §1; Acts 2001, No. 748, §1; Acts 2001, No. 789, §1, eff. June 26, 2001; Acts 2001, No. 798, §2; Acts 2001, No. 1102, §9; Acts 2001, No. 1107, §1; Acts 2002, 1st Ex. Sess., No. 124, §1, eff. April 23, 2002; Acts 2003, No. 658, §1, eff. June 27, 2003; Acts 2003, No. 987, §2; Acts 2003, No. 1055, §1, eff. July 2, 2003; Acts 2003, No. 1206, §2; Acts 2004, No. 149, §1, eff. June 10, 2004; Acts 2006, No. 424, §1, eff. June 15, 2006; Acts 2007, No. 155, §1, eff. June 25, 2007; Acts 2007, No. 459, §2, eff. Jan. 1, 2008; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2008, No. 765, §2, eff. July 6, 2008; Acts 2009, No. 251, §10, eff. Jan. 1, 2010; Acts 2010, No. 769, §1; Acts 2012, No. 267, §1; Acts 2012, No. 460, §1; Acts 2012, No. 593, §1; Acts 2012, No. 801, §1, eff. June 13, 2012; Acts 2013, No. 220, §19, eff. June 11, 2013; Acts 2014, No. 161, §1; Acts 2014, No. 705, §1; Acts 2014, No. 710, §1, eff. June 18, 2014; Acts 2014, No. 791, §16; Acts 2016, No. 382, §1; Acts 2016, No. 436, §1; Acts 2017, No. 272, §3, eff. June 16, 2017; Acts 2018, No. 76, §1, eff. May 10, 2018; Acts 2018, No. 512, §1; Acts 2019, No. 7, §1; Acts 2019, No. 256, §1; Acts 2020, No. 211, §2, eff. June 11, 2020; Acts 2021, No. 66, §3, eff. June 4, 2021; Acts 2021, No. 222, §1; Acts 2021, No. 238, §2; Acts 2021, No. 283, §2; Acts 2021, No. 320, §3, see Act; Acts 2023, No. 150, §17, eff. Jan. 10, 2024; Acts 2023, No. 291, §2; Acts 2024, No. 498, §2; Acts 2024, No. 507, §3.