La. Rev. Stat. § 37:2584 — LA Code / Code revised-statutes / Title 37 / Section 2584
Application for license
Status: in_force

Application for license to engage in the financial planning and management business in this state shall be made to the director and shall be in writing, under oath, and in the form prescribed by the director, and shall contain the full name and address of the applicant and, if the applicant is a copartnership or association, of every member thereof and if a corporation, of each officer and director thereof; the application shall also contain the parish and municipality with street and number, if any, where the business is to be conducted, and such other pertinent information as the director may require.

Each applicant, at the time of making such application, shall pay to the director the sum of thirty dollars as a fee for investigation of the applicant, and the additional sum of one hundred dollars as a license fee. Every applicant shall submit to the director, at the time of the application for a license, a bond to be approved by the director in which the applicant shall be the obligor, in the sum of ten thousand five hundred dollars and in which a company which is duly authorized by the State of Louisiana to transact the business of fidelity and surety insurance shall be a surety; provided, however, the director may accept in lieu of the surety bond, a deposit in cash, a certified check payable to the director of the Division of Occupational Standards, or United States government bonds.

The bond shall run to the State of Louisiana for the use of the state and of any person or persons who may have a cause of action against the obligor in said bond under and by virtue of the provisions of this Chapter. Such bond shall be conditioned that said obligor will faithfully conform to and abide by the provisions of this Chapter and of all rules, regulations and directions lawfully made by the director hereunder and will pay to the state and to any such person or persons any and all money that may become due or owing to the state or to such person or persons, from said obligor under and by virtue of the provisions of this Chapter.

Acts 1970, No. 423, §4.
La. Rev. Stat. § 37:871 — LA Code / Code revised-statutes / Title 37 / Section 871
Unlawful practice; exception
Status: in_force

A. No person shall cremate any human remains in any manner, engage in the practice of cremation, or operate a cremation retort without obtaining the proper license in accordance with the provisions of this Chapter.

B. No person shall cremate any human remains in a facility that is not licensed for such purpose in accordance with the provisions of this Chapter.

C. The provisions of this Part shall not apply to the Bureau of Anatomical Services, Louisiana State University Health Sciences Center. However, the crematory operated by the bureau shall be subject to an annual inspection by the board.

Acts 2003, No. 1243, §2.
La. Rev. Stat. § 37:2718 — LA Code / Code revised-statutes / Title 37 / Section 2718
Privileged communications
Status: in_force

A. Testimonial privileges, exceptions, and waiver with respect to communications between a social worker and his client are governed by the Louisiana Code of Evidence.

B. No social worker may disclose any information he may have acquired from persons consulting him in his professional capacity that was necessary to enable him to render services to those persons except:

(1) With the written consent of the client, or in the case of death or disability, with the written consent of his personal representative, other person authorized to sue, or the beneficiary of any insurance policy on his life, health, or physical condition.

(2) When the individual is a minor under the age of eighteen and the information acquired by the social worker indicated that the child was the victim or subject of a crime, then the social worker may be required to testify fully in relation thereto upon any examination, trial, or other proceeding in which the commission of such crime is a subject of inquiry.

(3) When a communication reveals the intended commission of a crime or harmful act and such disclosure is determined to be necessary by the social worker to protect any individual or person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety.

(4) When the person waives the privilege by bringing any public charge against the social worker.

C. Nothing in this Section shall be construed, however, to prohibit a social worker from voluntarily testifying in a court hearing concerning matters of adoption, child abuse, child neglect, or other matters pertaining to children, elderly, and physically or mentally impaired adults, except as prohibited under the applicable state and federal laws.

Added by Acts 1972, No. 706, §1; Acts 1992, No. 376, §6, eff. Jan. 1, 1993; Acts 1999, No. 1309, §7, eff. Jan. 1, 2000.
La. Rev. Stat. § 37:1302 — LA Code / Code revised-statutes / Title 37 / Section 1302
Physician fees; discount to an uninsured individual; effect on a physician's contracted reimbursement amount
Status: in_force

A. Notwithstanding any state or federal provisions to the contrary, a contracted physician licensed to practice medicine by the Louisiana State Board of Medical Examiners may offer a discount for a health care service rendered to an uninsured individual. Any such discount granted by a contracted physician to an uninsured individual shall not reduce the contracted reimbursement amount between a physician and a health insurance issuer for health care services rendered to the issuer's enrollees and insureds.

B. For the purposes of this Section:

(1) "Contracted physician" means a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners who has executed a direct, specific contract with a health insurance issuer.

(2) "Contracted reimbursement amount" means the quantity of remuneration a health insurance issuer has agreed to pay a physician for rendering health care services in a direct, specific agreement between a physician and a health insurance issuer.

(3) "Enrollee" or "insured" means an individual who is enrolled or insured by a health insurance issuer for health insurance coverage.

(4) "Health care service" means one or more services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(5) "Health insurance coverage" means benefits consisting of health care services provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as health care services under any medical service policy or certificate, medical service plan contract, preferred provider organization agreement, or health maintenance organization contract.

(6) "Health insurance issuer" means any entity that offers health insurance coverage through a policy, contract, or certificate of insurance subject to state law that regulates the business of insurance. For purposes of this Section, a "health insurance issuer" shall include but not be limited to a health maintenance organization as defined and licensed pursuant to Subpart I of Part I of Chapter 2 of Title 22 of the Louisiana Revised Statutes of 1950. A "health insurance issuer" shall not include any entity preempted as an employee benefit plan under the Employee Retirement Income Security Act of 1974.

Acts 2006, No. 744, §1, eff. June 29, 2006; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 37:2354 — LA Code / Code revised-statutes / Title 37 / Section 2354
Fees
Status: in_force

A. All monies received by the board pursuant to this Chapter shall be paid into the treasury of the Louisiana State Board of Examiners of Psychologists and may be expended by the board without appropriation for costs of administration and other expenses, and any surplus at the end of a fiscal year or a biennium may be retained by the board for future expenditures and the board is not required to pay any such surplus into the general fund of the state of Louisiana.

B.(1) The board shall charge an application fee to all applicants for licensure. The board may also charge a written examination fee and an oral examination fee. The board shall establish a reasonable fee schedule in conformity with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.

(2) The board shall charge to any person who applies for a provisional license an application fee in an amount not to exceed two hundred dollars. The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

(3) The board shall charge an application fee to any person applying for licensure as a specialist in school psychology that shall not exceed two hundred dollars. The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

(4) The board shall charge an application fee for the initial registration of each assistant to a psychologist that shall not exceed fifty dollars. The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

(5) The board shall charge an application fee to any person applying for licensure as a licensed psychological associate that shall not exceed two hundred dollars. The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

C.(1) Every licensed psychologist in this state shall annually pay to the board during the month of July of each year, beginning in the year immediately subsequent to his initial license, a renewal fee to be determined annually by the board. The license of any psychologist who shall fail to have his license renewed during the month of July in each and every year shall lapse; the failure to renew the license, however, shall not deprive said psychologist of the right of renewal thereafter. Such lapsed license may be renewed, within a period of two years after such lapse, upon payment of a reinstatement fee equal to the current application fee and the current renewal fee.

(2)(a) Every provisional licensed psychologist shall annually pay to the board during the month of July of each year, beginning in the year immediately subsequent to his initial provisional license, a renewal fee in an amount not to exceed one hundred dollars. The provisional license of any psychologist who shall fail to have his provisional license renewed during the month of July shall lapse. Except as provided in R.S. 37:2356.2(C), a provisional license shall not be reinstated.

(b) The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

(3)(a) Every licensed specialist in school psychology in this state shall annually pay to the board during the month of July of each year, beginning in the year immediately subsequent to his initial license, a renewal fee that shall not exceed one hundred dollars.

(b) Failure to renew the license as provided in Subparagraph (a) of this Paragraph shall cause the license to lapse. For a period of two years from the date of lapse of the license, such license may be renewed upon payment of a reinstatement fee that shall not exceed three hundred dollars.

(c) The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

(4) The board shall charge an annual renewal fee for every assistant to a psychologist in this state during the month of July of each year, beginning in the year immediately subsequent to his initial registration. Such renewal fee shall not exceed fifty dollars. The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

(5)(a) Every licensed psychological associate in this state shall annually pay to the board during the month of July of each year, beginning in the year immediately subsequent to his initial license, a renewal fee that shall not exceed three hundred dollars.

(b) Failure to renew the license as provided in Subparagraph (a) of this Paragraph shall cause the license to lapse. For a period of two years from the date of lapse of the license, such license may be renewed upon payment of a reinstatement fee equal to the application fee and renewal fee combined.

(c) The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.

D. The board shall annually send a renewal notice to all licensed psychologists, provisional licensed psychologists, licensed psychological associates, and specialists in school psychology.

E.(1) A licensed psychologist who is sixty-five years of age or older may be eligible for a reduction in the annual renewal fee if he makes a satisfactory showing to the board, in a manner to be determined by the board, of all of the following:

(a) He is sixty-five years of age or older.

(b) He has held continuous licensure as a psychologist in the state for at least twenty years.

(c) At the time of application, he is retired from the full-time practice of psychology or any other full-time employment.

(2) The annual renewal fee for a licensed psychologist who is eligible for a fee reduction pursuant to this Subsection shall be one-half of the amount of the current licensure renewal fee.

F.(1) The board shall assess an application and renewal fee to an individual who sponsors a continuing professional development course or activity and seeks review and pre-approval of a continuing professional development course or activity. The application and renewal fee shall be in an amount not to exceed two hundred fifty dollars.

(2) The board shall assess an application fee to a licensee who seeks review and pre-approval of a continuing professional development course or activity. The application fee shall be an amount not to exceed twenty-five dollars. The application fee shall apply only if a licensee intends to earn a credit for the course or activity in which the sponsor has not sought review or obtained approval by the board.

(3) The board may collect reasonable admission fees from a licensee who elects to attend a continuing professional development course or activity which may be offered, sponsored, or co-sponsored by the board. Such course or activity shall be an elective to a licensee who attends and the board shall not require attendance for such activity.

(4) The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Subsection.

G.(1) The board may assess an administrative fee in an amount not to exceed two hundred dollars for special services including but not limited to any of the following:

(a) Application for authority to conduct telesupervision.

(b) Application for an inactive license or renewal license status.

(c) Application for emeritus status and renewal.

(d) Any written or computer-generated license verification.

(e) Any written or computer-generated disciplinary report.

(f) To obtain a duplicate license.

(g) To obtain a duplicate renewal certificate.

(h) To obtain a mail list.

(2) The board shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Subsection.

Added by Acts 1964, No. 347, §4. Amended by Acts 1976, No. 329, §2; Acts 1982, No. 817, §2; Acts 1986, No. 633, §1; Acts 1987, No. 915, §2, eff. Sept. 1, 1987; Acts 2014, No. 136, §1; Acts 2014, No. 137, §1; Acts 2015, No. 255, §1; Acts 2017, No. 234, §1, eff. June 14, 2017; Acts 2018, No. 206, §3; Acts 2021, No. 238, §1; Acts 2024, No. 286, §1.
La. Rev. Stat. § 37:3415.18 — LA Code / Code revised-statutes / Title 37 / Section 3415.18
Adjudication of disputes between an appraisal management company and an appraiser
Status: in_force

A. An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an independent appraiser without doing all of the following:

(1) Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company. If the appraiser is being removed from the panel for illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice, or a violation of state licensing standards, the nature of the alleged conduct or violation shall be identified.

(2) Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.

B. An appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice, or violation of state licensing standards, may file a complaint with the board for a review of the decision of the appraisal management company, except that in no case shall the board make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company which is unrelated to the actions specified in Subsection A of this Section.

C. If an appraiser files a complaint against an appraisal management company pursuant to Subsection B of this Section, the board shall adjudicate the complaint.

D. If, after opportunity for hearing and review, the board determines that an appraiser did not commit a violation of law, a violation of the Uniform Standards of Professional Appraisal Practice, or a violation of state licensing standards, the board shall order that an appraiser be reinstated to the appraiser panel of the appraisal management company that was the subject of the complaint without prejudice.

E. Following the adjudication of a complaint to the board by an appraiser against an appraisal management company, an appraisal management company may not refuse to make assignments for real estate appraisal services to an appraiser, or reduce the number of assignments, or otherwise penalize the appraiser, if the board has found that the appraisal management company acted improperly in removing the appraiser from the appraiser panel.

Acts 2009, No. 502, §1, eff. Jan. 1, 2010; Acts 2022, No. 415, §1, eff. June 15, 2022.
La. Rev. Stat. § 37:2457 — LA Code / Code revised-statutes / Title 37 / Section 2457
Powers and duties of board
Status: in_force

The powers and duties of the Louisiana Board for Hearing Aid Dealers are as follows:

(1) To authorize all disbursements necessary to carry out the provisions of this Chapter.

(2) To supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for a license.

(3) To license persons who apply to the board and who are qualified to engage in the fitting and selling of hearing aids.

(4) To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for licensure.

(5) To issue and renew licenses and certificates of endorsement.

(6) To suspend or revoke licenses and certificates of endorsement pursuant to this Chapter.

(7) To appoint representatives to conduct or supervise the examination of applicants for licensure.

(8) To designate the time and place for examining applicants for licensure.

(9) To make and publish rules and regulations not inconsistent with the laws of this state which are necessary to carry out the provisions of this Chapter.

(10) To require the periodic inspection and calibration of audiometric testing equipment and to carry out the periodic inspection of facilities of persons licensed in accordance with the provisions of this Chapter.

(11) To promulgate rules for the provision of telehealth services by licensed hearing aid dealers that, at a minimum, comply with the Louisiana Telehealth Access Act, R.S. 40:1223.1 et seq.

Acts 1968, No. 302, §17, eff. Jan. 1, 1969; Acts 2005, No. 261, §2; Acts 2021, No. 92, §1; Acts 2022, No. 271, §2.
La. Rev. Stat. § 37:1334 — LA Code / Code revised-statutes / Title 37 / Section 1334
Licensure required; qualifications; waivers
Status: in_force

A. No person shall practice perfusion as defined in this Part in this state unless he is licensed in accordance with the provisions of this Part.

B. The process of licensing perfusionists in Louisiana shall be in place no later than July 1, 2004.

C. The board shall issue a license to each applicant who applies for licensure as a perfusionist who files an application upon a form and in such manner as the board prescribes and who furnishes evidence that he:

(1) Is of good moral character.

(2) Has successfully completed the examination provided by the American Board of Cardiovascular Perfusion (ABCP) or its successor agency or a substantially equivalent examination approved by the board.

(3) Has graduated from a school accredited by the Commission on the Accreditation of Allied Health Education Programs (CAAHEP) or a similar accrediting body approved by the board.

D. The board shall license as a perfusionist an applicant who is duly licensed who:

(1) Is licensed as a perfusionist under the laws of another state, territory, or country, if the standards for licensure conform with the standards of this state on that date; or

(2) Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP), or its successor organization.

Acts 2003, No. 811, §1, eff. July 1, 2003.
La. Rev. Stat. § 37:3434 — LA Code / Code revised-statutes / Title 37 / Section 3434
Advisory committee; meetings
Status: in_force

A statewide advisory committee established by the board in carrying out its duties pursuant to this Chapter may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.

Acts 2022, No. 408, §1.
La. Rev. Stat. § 37:1164 — LA Code / Code revised-statutes / Title 37 / Section 1164
Definitions
Status: in_force

As used in this Chapter, the following terms have the meaning ascribed to them by this Section:

(1) "Administer" or "administration" means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or any other means.

(2) "Approved college of pharmacy" means an educational institution approved by the board which meets one of the following additional criteria:

(a) A college or school of pharmacy which is accredited by the Accreditation Council for Pharmacy Education.

(b) A foreign college or school of pharmacy whose graduate has attained educational equivalency status through a mechanism established by the board.

(3)(a) "Automated medication system" includes, but is not limited to, a mechanical system that performs operations or activities, other than compounding or administration, relative to the storage, packaging, or delivery of medications, and which collects, controls, and maintains all transaction information. An automated medication system may be profile-driven, non-profile-driven, or a combination of both.

(b) A profile-driven system requires that medication orders or prescriptions be reviewed by the pharmacist for appropriateness, dosage, and contraindications prior to, or concomitantly with, being entered into the system, and before access is allowed into the system for medication administration.

(c)(i) A non-profile-driven system does not require prior or concomitant pharmacist review of medication orders or prescriptions in order to gain access to the system for medication administration. A non-profile-driven system may include, but is not limited to, a night drug cabinet, emergency drug kit, or floor stock or first dose cabinet.

(ii) "Floor stock or first dose cabinet" is a medication storage device, which shall be used by personnel, authorized by a protocol established by the pharmacist-in-charge, to gain access to doses as needed and first doses in patient-care areas. In addition, a floor stock or first dose cabinet may be used to store medications in such specialty areas including but not limited to an emergency room, surgery suite, and endoscopy suite.

(4) "Biological product" has the meaning assigned by Section 351 of the Public Health Service Act, 42 U.S.C. 262.

(5) "Board" means the Louisiana Board of Pharmacy.

(6) "Chart order" is a lawful order entered on the electronic or paper chart or medical record of an inpatient or resident of an institutional facility by a practitioner or his licensed healthcare designee for a drug or device and shall be considered a prescription drug order provided it contains the following:

(a) Full name of the patient.

(b) Date of issuance.

(c) Name, strength, and dosage form of the drug prescribed.

(d) Directions for use.

(e) Name of the prescribing practitioner.

(f) The prescribing practitioner's written or electronic signature or the written or electronic signature of the practitioner's licensed healthcare designee, who shall be a licensed nurse, pharmacist, or physician practicing in a long-term care facility. The licensed healthcare designee shall be authorized to document a chart order in the patient's medical record on behalf of the prescribing practitioner pending the prescribing practitioner's signature, or to communicate a prescription to a pharmacy whether telephonically, by facsimile transmission, or electronically.

(7) "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a drug or device by a pharmacist for his patient as the result of a practitioner's prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice, or including the preparation of drugs or devices in anticipation of prescription drug orders to be received by the compounding pharmacist based on routine, regularly observed prescribing patterns. Compounding does not include the compounding of drug products that are essentially copies of a commercially available product.

(8) "Confidential information" means information accessed, maintained by, or transmitted to a pharmacist in the patient's records or which is communicated to the patient as part of patient counseling, which is privileged and may be released only to the patient or to those practitioners, other authorized healthcare professionals, and other pharmacists when, in a pharmacist's professional judgment, such release is necessary to protect the patient's health and well being; and to such other persons or agencies authorized by law to receive such confidential information regardless of whether such information is in the form of paper, preserved on microfilm, or is stored on electronic media.

(9) "Costs" is a monetary amount assessed to cover administrative expenses, including but not limited to licensure, permitting, certification, registration, and the investigation and prosecution of a disciplinary action.

(10) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration.

(11) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, "Caution: Federal or State law requires dispensing by or on the order of a physician", the label "Rx Only", or both, or any other designation required under federal law.

(12) "Dispense" or "dispensing" means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. "Dispense" necessarily includes a transfer of possession of a drug or device to the patient or the patient's agent.

(13) "Distribute" or "distribution" means the delivery of a drug or device other than by administering or dispensing.

(14) "Drug" means:

(a) Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or other animals.

(b) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals.

(c) Any substance other than food intended to affect the structure or any function of the body of humans or other animals.

(15) "Drug regimen review" means and includes, but is not limited to, the following activities:

(a) Review of the prescription drug order and patient record for:

(i) Known allergies.

(ii) Therapy-contraindications.

(iii) Dose and route of administration.

(iv) Directions for use.

(b) Review of the prescription drug order and patient record for duplication of therapy.

(c) Review of the prescription drug order and patient record for interactions.

(d) Review of the prescription drug order and patient record for proper utilization including over- or under-utilization, and optimum therapeutic outcomes.

(16) "Electronic transmission" means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment.

(17) "Emergency drug kit" for long-term care facilities or other board-approved sites, other than a hospital, means a drug kit containing designated drugs which may be required to meet the immediate therapeutic emergency needs of a resident or patient.

(18) "Equivalent drug product" means either of the following:

(a) A drug product that has been rated as a pharmaceutical equivalent by the United States Food and Drug Administration (FDA) and has the same established name, active ingredients, strength or concentration, dosage form, and route of administration and which is formulated to contain the same amount of active ingredients in the same dosage form and to meet the same compendial or other applicable standards such as strength, quality, purity, and identity, but which may differ in characteristics such as shape, scoring, configuration, packaging, excipients including colors, flavors, preservatives, and expiration time.

(b) A biological product that is either one of the following:

(i) Deemed by the United States Food and Drug Administration as meeting the standard set forth in 42 U.S.C. 262(k)(4) and rated as interchangeable in the Lists of Licensed Biologic Products with Reference Product Exclusivity and Biosimilarity and Interchangeability Evaluations , sometimes referred to as the "Purple Book", or its successors.

(ii) Rated therapeutically equivalent by the United States Food and Drug Administration as set forth in the Approved Drug Products with Therapeutic Equivalence Evaluations , sometimes referred to as the "Orange Book", or its successors.

(19) "Final checks of work" is the requirement that only a pharmacist supervises and releases the completed product prepared by a pharmacy technician.

(20) "Hospital pharmacy" means a pharmacy department located in a hospital licensed under R.S. 40:2100 et seq. For the purposes of this Chapter a hospital pharmacy is one example of a primary care treatment modality pharmacy.

(21) "Infusion pharmacy" means a pharmacy that provides prepared solutions for direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of irrigation, enteral, parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion.

(22) "Institutional facility" means any organization whose primary purpose is to provide a physical environment for a patient to obtain health care services, including but not limited to a:

(a) Hospital pharmacy.

(b) Convalescent home.

(c) Nursing home.

(d) Extended care facility.

(e) Mental health facility.

(f) Rehabilitation center.

(g) Psychiatric center.

(h) Developmental disability center.

(i) Drug abuse treatment center.

(j) Family planning clinic.

(k) Penal institution.

(l) Hospice.

(m) Public health facility.

(n) Athletic facility.

(23) "Institutional pharmacy" means that physical portion of an institutional facility where drugs, devices, and other materials used in the diagnosis and treatment of injury, illness, and disease are dispensed, compounded, and distributed and pharmacy primary care is provided; and is permitted by the board and is devoted exclusively to providing professional services to a patient in that institutional setting other than a hospital.

(24) "Labeling" means the process of preparing and affixing a label to any drug container exclusive, however, of the labeling by a manufacturer, packer, or distributor of a non-prescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and state law or regulation.

(25) "Long-term care facility" means a nursing home, retirement care, mental care, or other facility or institution that provides extended health care to a residential patient, including but not limited to health care facilities licensed by the Louisiana Department of Health.

(26) "Manufacturer" means a person who manufactures drugs and includes a labeler, primary distributor, or person who prepares drugs in dosage form by mixing.

(27) "Manufacturing" means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, and the promotion and marketing of such drugs or devices. Manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons.

(28) "Medical order" means a lawful order of a practitioner that may or may not include a prescription.

(29) "Non-prescription drug" means a drug that may be sold without a prescription and that is labeled for use by the consumer in accordance with the federal and state laws and regulations.

(30) "Off-site facility" means and refers to the location of a building that houses a licensee of the Louisiana Department of Health, but which does not house a board-permitted pharmacy.

(31) "On-site facility" means and refers to the location of a building that houses a board-permitted pharmacy.

(32) "Out-of-state pharmacy" means a pharmacy located outside this state.

(33) "Patient counseling" means the communication by a pharmacist of information, as defined by the regulations of the board, to the patient or caregiver, in order to ensure proper use of drugs and devices.

(34) "Permit" means the grant of authority by the board to any person authorizing the practice of pharmacy at a site.

(35) "Person" means an individual, corporation, partnership, association, or any other legal entity, including government.

(36) "Pharmacist" means an individual currently licensed by the board to engage in the practice of pharmacy in the state.

(37) "Pharmacist-in-charge" means a pharmacist currently licensed by the board who accepts responsibility for the operation of a pharmacy in conformance with all laws and regulations pertinent to the practice of pharmacy and the distribution of drugs, and who is personally in full and actual charge of such pharmacy and personnel.

(38) "Pharmacy" means any place located within this state where drugs are dispensed and pharmacy primary care is provided, and any place outside of this state where drugs are dispensed and pharmacy primary care is provided to residents of this state.

(39)(a) "Pharmacy collaborative drug therapy management" means that practice whereby a pharmacist or pharmacists have, on a voluntary basis, agreed to manage the disease-specific drug therapy of a patient under written protocol, working in conjunction with a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners. Pharmacy collaborative drug therapy management does not include the substitution by the pharmacist of a product that is not an equivalent drug product to the product originally prescribed by the physician or practitioner without the explicit consent of the physician or practitioner. Any pharmacy collaborative drug therapy management protocol shall adhere to rules and regulations promulgated by the board.

(b)(i) The Louisiana State Board of Medical Examiners and the Louisiana Board of Pharmacy shall initiate the rulemaking process in accordance with the provisions of the Administrative Procedure Act by publishing their respective notices of intent no later than one hundred twenty days following August 15, 2006.

(ii) If both boards have not initiated the rulemaking process in accordance with the provisions of the Administrative Procedure Act by publishing their respective notices of intent by one hundred twenty days following August 15, 2006, then the boards shall appoint a committee composed of three physicians and three pharmacists, the physicians by the Louisiana State Board of Medical Examiners and the pharmacists by the Louisiana Board of Pharmacy. This committee shall complete the drafting process no later than one hundred eighty days following August 15, 2006.

(iii) If the boards have not initiated the rulemaking process in accordance with the provision of the Administrative Procedure Act by publishing their respective notices of intent by one hundred eighty days following August 15, 2006, then the Louisiana Board of Pharmacy shall have the authority to promulgate the rule required in R.S. 37:1164(37) independently of the Louisiana State Board of Medical Examiners.

(c) A statewide advisory committee established by the Louisiana State Board of Medical Examiners in carrying out its duties relative to collaborative drug therapy management may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.

(40) "Pharmacy-generated drug" means a drug made by a pharmacy.

(41) "Pharmacy intern" means an individual who is:

(a) Engaged in the practice of pharmacy while under the direct and immediate supervision of a pharmacist for the purpose of obtaining practical experience for licensure as a pharmacist and is satisfactorily progressing in a board-approved college of pharmacy.

(b) A graduate of a board-approved college of pharmacy or a graduate who has established educational equivalency through a program approved by the board.

(c) A qualified applicant awaiting examination for licensure.

(d) An individual participating in a residency or fellowship.

(42) "Pharmacy primary care" means bringing health care as close as possible to where people live and work and may constitute a portal of entry into the continuing health care process in an effort to enhance optimum therapeutic outcomes.

(43) "Pharmacy technician" means an individual who assists in the practice of pharmacy under the direct and immediate supervision of a licensed pharmacist and is certified to do so by the board.

(44) "Practice of pharmacy" or "practice of the profession of pharmacy" means and includes the compounding, filling, dispensing, exchanging, giving, offering for sale, or selling, drugs, medicines, or poisons, pursuant to prescriptions or orders of physicians, dentists, veterinarians, or other licensed practitioners, or any other act, service, operation, or transaction incidental to or forming a part of any of the foregoing acts, requiring, involving, or employing the science or art of any branch of the pharmacy profession, study, or training.

(45) "Practitioner" means an individual currently licensed, registered, or otherwise authorized by the appropriate licensing board to prescribe and administer drugs in the course of professional practice.

(46) "Preceptor" means an individual who is currently licensed as a pharmacist by the board, meets certain qualifications as a preceptor as established by the board, and participates in the instructional training of pharmacy interns.

(47) "Prescription" or "prescription drug order" means an order from a practitioner authorized by law to prescribe for a drug or device that is patient-specific and is communicated by any means to a pharmacist in a permitted pharmacy, and is to be preserved on file as required by law or regulation.

(48) "Prescription drug" or "legend drug" means a drug that is required by any applicable federal or state law or regulation to be dispensed or delivered pursuant only to a prescription drug order, or is restricted to use by practitioners only.

(49) "Probation" means a restriction of pharmacy practice for a specified period of time.

(50) "Reciprocity" means the acknowledgment and licensure of a pharmacist from another state or jurisdiction pursuant to procedures established by the board.

(51) "Reprimand" means a formal reproof of a person for violation of this Chapter or rules and regulations of the board.

(52) "Reverse drug distributor" means a person that receives and handles drugs that are expired, discontinued, adulterated, or misbranded, for the purposes of destruction or other final disposition or for return to the original manufacturer of a drug.

(53) "Revocation" is the withdrawal of the license, permit, certification, or registration authorized under this Chapter and means that a person under active revocation no longer has the privilege to practice in the state.

(54) "Significant adverse drug reaction" means any drug-related incident that may result in serious harm, injury, or death to the patient.

(55) "Summary suspension" means the suspension of a license, permit, certification, or registration that requires a person to cease practice immediately pending the results of a hearing.

(56) "Suspension" means the withdrawal of the license, permit, certification, or registration to practice pharmacy in the state for a period of time.

(57) "Warning" means a written notice issued to a person addressing possible aberrant conduct.

(58) "Wholesale drug distribution" means distribution of legend drugs to a party other than the consumer or patient, including but not limited to distribution by manufacturers, repackers, own label distributors, jobbers, and wholesale drug distributors.

(59) "Wholesale drug distributor" means any person who sells legend drugs to a party other than the consumer or the patient, including but not limited to manufacturers, repackers, own label distributors, jobbers, brokers, agents, and pharmacies.

Acts 1999, No. 269, §1; Acts 1999, No. 767, §1; Acts 1999, No. 1328, §1; Acts 2006, No. 164, §1; Acts 2006, No. 627, §1; Acts 2013, No. 112, §1; Acts 2013, No. 168, §1; Acts 2015, No. 391, §1; Acts 2018, No. 64, §1; Acts 2018, No. 602, §3; Acts 2022, No. 408, §1.
La. Rev. Stat. § 37:2165 — LA Code / Code revised-statutes / Title 37 / Section 2165
Bid procedures; penalty
Status: in_force

A.(1) It is the intent of this Section that only contractors who hold an appropriate active license be awarded contracts either by bid or through negotiation. All architects, engineers, and awarding authorities shall place in their bid specifications the requirement that a contractor shall certify that he holds an active license in accordance with the provisions of this Chapter by displaying his license number on the bid envelope. In the case of an electronic bid proposal, a contractor may submit an authentic digital signature on the electronic bid proposal accompanied by the contractor's license number in order to meet the requirements of this Paragraph. Except as otherwise provided by this Subsection, if the bid does not display the contractor's license number on the bid envelope, the bid shall be automatically rejected, returned to the bidder marked "Rejected", and not be read aloud.

(2) Any bid that does not require the contractor to hold an active license shall state the exemption on the bid envelope and shall be treated as a lawful bid for the purposes of this Section.

(3) On any project that has been classified by the architect or engineer, prior to the bid, as a plumbing project, bids may be accepted only from those who have as a qualifying party a person who has complied with the provisions of Chapter 16 of this Title, R.S. 37:1361 et seq.

(4) Any contractor who submits a bid for a type of construction for which he does not hold an active license to perform shall be acting in violation of this Section and shall be subject to all provisions for violations and penalties thereof.

(5) Any subcontractor who submits a bid or quotes a price to any unlicensed or inactive prime contractor shall be subject to all provisions for violations and penalties thereof.

(6) Any person required to be licensed by the board that bids a project requiring a bid bond, the posting of a bid bond for the project, or certificates of insurance evidencing mandated coverage and fails to provide such valid bonds or coverage when due shall be subject to all provisions for violations and penalties thereof.

(7) Upon being awarded a bid, the person required to be licensed shall maintain the required insurance coverage or bonding as required in the bid proposal.

(8) Any person who violates the provisions of this Section may be subject to disciplinary action by the board, including suspension or revocation of the contractor's licenses and the imposition of fines and administrative costs.

B. Where bids are to be received or forms furnished by the awarding authority, no proposal forms or specifications shall be issued to anyone except a licensed contractor who holds an active license or his authorized representation. In no event shall proposal forms be issued later than twenty-four hours prior to the hour and date set for receiving proposals.

C. The architect, engineer, or awarding authority shall classify public projects. Once the project is classified, any interested person may object by sending a certified letter to both the board and the architect, engineer, or awarding authority stating with particularity the reasons for the objection. The objection shall be submitted to the board and the architect, engineer, or awarding authority in writing by certified mail or electronic mail at least ten working days prior to the date on which bids are to be opened. Upon receipt of the protest for the project classification, the Licensing Board Enforcement and Administrative staff will review the scope of work and offer a recommendation for the proper classification to the architect, engineer, or awarding authority within five working days after receipt of the objection. Any objection to the classification not made in accordance with this Section shall be considered waived.

D.(1) Any awarding authority or its agent who violates the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine of not less than one hundred dollars or more than two hundred dollars or imprisonment in the parish jail for not less than thirty days nor more than sixty days, or both. Any fine and imprisonment are at the discretion of the court.

(2) In addition to the penalties prescribed in Paragraph (1) of this Subsection, the board may, after notice and a hearing, impose a fine upon any awarding authority or its agent who intentionally violates the provisions of this Section. The board may not impose any fine as authorized by this Paragraph on the state, its agencies, boards, or commissions, or any political subdivision thereof.

Acts 1995, No. 638, §1, eff. Feb. 1, 1996; Acts 1999, No. 1175, §1; Acts 2001, No. 659, §1; Acts 2012, No. 803, §9; Acts 2022, No. 195, §1; Acts 2025, No. 422, §1.
La. Rev. Stat. § 37:1109 — LA Code / Code revised-statutes / Title 37 / Section 1109
Reciprocity
Status: in_force

Upon application accompanied by fee and without written or oral examination, the board may issue a license to any person who furnishes upon a form and in such manner as the board prescribes, evidence satisfactory to the board that he is licensed, certified, or registered as a professional counselor by another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico if the requirements for such licensure, certification, or registration are substantially equivalent to those of this Chapter.

Acts 1987, No. 892, §1, eff. July 20, 1987; Acts 1995, No. 1301, §1.
La. Rev. Stat. § 37:3205 — LA Code / Code revised-statutes / Title 37 / Section 3205
Meetings; quorum
Status: in_force

A. The chairman of the board, or in his absence the highest ranking vice chairman, shall preside at all meetings.

B. The board, for administrative purposes, shall meet at a time and place to be fixed by the board at least every three months and at such other times as may be necessary.

C.(1) The first meeting of the board shall be for organizational purposes only, at which time it will pursuant to the Administrative Procedure Act propose rules and regulations and establish the responsibilities of members.

(2) The first meeting of the board shall be held within ninety days after the effective date of this Chapter.

D. A majority of the board constitutes a quorum. No action may be taken by the board except by affirmative vote of the majority of the members present and voting.

Acts 1984, No. 485, §1; Acts 2014, No. 250, §1.
La. Rev. Stat. § 37:2402 — LA Code / Code revised-statutes / Title 37 / Section 2402
Purpose and intent
Status: in_force

A. This Chapter is enacted for the purpose of protecting the public health, safety, and welfare, and to provide for state administrative control, supervision, licensing, and regulation of the practice of physical therapy in Louisiana.

B. It is the intent of this Chapter that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy as authorized by this Chapter. This Chapter shall be liberally construed to promote the public interest and to accomplish the purposes stated herein.

Acts 1983, No. 555, §1; Acts 1992, No. 731, §1; Acts 2009, No. 535, §4, eff. Jan. 1, 2010.
La. Rev. Stat. § 37:2595 — LA Code / Code revised-statutes / Title 37 / Section 2595
Rules and regulations
Status: in_force

The director shall make and find, as required by law, and enforce all reasonable rules and regulations as shall be necessary for the administration of this Chapter.

Acts 1970, No. 423, §15.
La. Rev. Stat. § 37:3294 — LA Code / Code revised-statutes / Title 37 / Section 3294
Sole proprietorship; partnership; corporation; association with licensed business
Status: in_force

A. This Chapter shall not prohibit one or more businesses from practicing through a partnership, corporation, or association.

B. In any partnership, corporation, or association whose primary activity consists of providing services regulated by this Chapter, at least one partner or corporate officer shall be licensed as a business under this Chapter.

C. Nothing in this Section shall be construed to render inapplicable any other provisions of this Chapter.

Acts 1984, No. 505, §1, eff. Jan. 1, 1985; Acts 1989, No. 552, §1; Acts 2024, No. 438, §1.
La. Rev. Stat. § 37:1224.1 — LA Code / Code revised-statutes / Title 37 / Section 1224.1
Filling of additional refills in anticipation of authorization
Status: in_force

Notwithstanding any provision of law to the contrary, when all refills authorized on an original prescription have been dispensed, additional prescription refills may be added to the original prescription and compounded, filled, and labeled prior to the receipt of authorization for the additional refills from the prescriber, provided that no additional prescription refill may be transferred to the patient or the patient's representative prior to the receipt of such authorization from the prescriber, and provided that the date and time of such authorization and the name of the person transmitting the authorization is maintained in the prescription record and is immediately accessible on-line and retrievable in a hard copy within seventy-two hours of request.

Acts 1999, No. 269, §1; Acts 1999, No. 767, §1.
La. Rev. Stat. § 37:3304 — LA Code / Code revised-statutes / Title 37 / Section 3304
Exemptions from civil liability
Status: in_force

A. There shall be no liability on the part of and no action for damages against any member of the board or its agents or employees in any civil action for any act performed in good faith in the execution of his duties under this Chapter.

B. No person, committee, association, organization, firm, or corporation shall be held liable for damages pursuant to any law of the state of Louisiana or any political subdivision thereof for providing information to the board without malice and under the reasonable belief that such information is accurate, whether providing such information as a witness or otherwise.

Acts 1985, No. 288, §1; Acts 2014, No. 418, §1.
La. Rev. Stat. § 37:1249.1 — LA Code / Code revised-statutes / Title 37 / Section 1249.1
Board action and expungement of adjudication records; procedure; confidentiality
Status: in_force

A.(1) Notwithstanding any provision of law to the contrary, a pharmacist or person permitted to operate a pharmacy may request board action rescission and expungement of adjudication proceeding records relative to a board stipulation, agreed settlement, consent order, or default if the attorney general issues a written opinion that the interpretation of law relied upon by the board and which resulted in the stipulation, agreed settlement, consent order, or default was erroneous.

(2) Notwithstanding any provision of law to the contrary, a person permitted by the board to operate a pharmacy may request board action rescission and expungement of adjudication proceeding records relative to a stipulation, agreed settlement, or consent order if all of the following apply:

(a) The person permitted to operate a pharmacy employed a pharmacist licensed by the board and the pharmacist committed a regulatory violation or criminal act while in the course and scope of his employment without the knowledge or consent of the person who holds the pharmacy permit.

(b) Upon learning of the regulatory violation or criminal act of the pharmacist, the person who holds the pharmacy permit terminated the pharmacist and reported the regulatory violation or criminal act to the board or any other appropriate state or federal regulatory or law enforcement agency.

(c) No other state or federal agency with regulatory or law enforcement jurisdiction took adverse action against the person who holds the pharmacy permit.

(d) The person permitted to operate a pharmacy entered into a stipulation, agreed settlement, or consent order with the board as a result of the pharmacists' regulatory violation or criminal act and the stipulation, agreed settlement, or consent order was reported to a third-party databank.

(3) Notwithstanding any provision of law to the contrary, a pharmacist or person permitted to operate a pharmacy may request expungement of adjudication proceeding records relative to board adjudication proceedings filed against the pharmacist or person permitted to operate a pharmacy in which it is alleged that the pharmacist or person permitted to operate a pharmacy violated one or more provisions of law if at the conclusion of the adjudication proceedings there is no finding that the pharmacist or person permitted to operate a pharmacy violated the law.

B.(1) A pharmacist or person permitted to operate a pharmacy who seeks board action rescission and expungement pursuant to this Section shall file with the board a written request for board action rescission and expungement setting forth the facts that demonstrate that the applicable requirements of Subsection A of this Section are satisfied.

(2)(a) The board shall consider the request and if the facts stated in the request demonstrate that the applicable requirements of Subsection A of this Section are satisfied, the board shall enter into an order rescinding the applicable board action and expunging the adjudication proceeding records relative to the board stipulation, agreed settlement, consent order, default, or proceedings. The board may enter into a nondisciplinary stipulated order with the pharmacist or person permitted to operate a pharmacy agreeing to rescind board action and expunge the related board records, which shall state the provisions of Subsection A of this Section that authorize the board action rescission and expungement.

(b) If the order of expungement involves records of the division of administrative law, the board shall ensure that the order of expungement is served on the director of the division of administrative law as soon as practicable after issuance.

C.(1) Upon rescission of board action and expungement of related records, the board shall remove from public access all stipulations, agreed settlements, consent orders, or adjudication proceeding records that are ordered to be expunged; however, the records shall not be destroyed.

(2)(a) Expunged stipulations, agreed settlements, consent orders, and adjudication proceeding records shall be privileged, confidential, are no longer considered public records, and shall not be made available to any person or entity other than the board.

(b) All records concerning a request to rescind board action and expunge board records shall be confidential and shall not be made available to any person or other entity, except that such record shall be available to the board.

D. The board shall submit a void report to any third-party data bank to which the board action had been reported to stating that the action of the board has been fully and unequivocally rescinded and that no record of violation exists for the pharmacist or person permitted to operate a pharmacy as it relates to the board stipulation, agreed settlement, or consent order for the specific matter that was the subject of the rescission.

Acts 2025, No. 229, §1.
La. Rev. Stat. § 37:3432 — LA Code / Code revised-statutes / Title 37 / Section 3432
Exemptions
Status: in_force

The following persons and their activities are exempted from the licensing requirements of this Chapter:

(1) Any person employed or supervised by a licensed physician whose primary duty it is to provide graded exercise testing within the confines of the physician's office. The supervisor shall not represent himself to the public as a licensed clinical exercise physiologist.

(2) Any student in an accredited educational institution, while carrying out activities that are part of the prescribed course of study, provided such activities are supervised by a licensed clinical exercise physiologist. Such student shall hold himself out to the public only by clearly indicating his student status and the profession in which he is being trained.

(3) Any person employed as a clinical exercise physiologist by any federal or state agency provided such person's activities constitute part of the duties for which they are employed or solely within the confines or under the jurisdiction of the organization by which they are employed.

(4) Any natural person licensed as a health care provider under any other law while acting within the scope of such licensure.

Acts 1995, No. 630, §1.
La. Rev. Stat. § 37:836 — LA Code / Code revised-statutes / Title 37 / Section 836
Oath of office
Status: in_force

Each member appointed to the board shall qualify by taking the oath of office before any officer authorized by law to administer oaths in this state within ten days after the appointment. This shall be noted on the certificate of appointment.
La. Rev. Stat. § 37:1285 — LA Code / Code revised-statutes / Title 37 / Section 1285
Causes for nonissuance; suspension; revocation; imposition of restrictions; fines; reinstatement; publication of action; stays
Status: in_force

A. The board may refuse to issue, or may suspend or revoke any license or permit, or impose probationary or other restrictions on any license, permit, or certificate issued pursuant to this Part or Part I-D of this Chapter for the following causes:

(1) Conviction of a crime or entry of a plea of guilty or nolo contendere to a criminal charge constituting a felony under the laws of Louisiana or of the United States.

(2) Conviction of a crime or entry of a plea of guilty or nolo contendere to any criminal charge arising out of or in connection with the practice of medicine.

(3) Fraud, deceit, or perjury in obtaining any diploma, license, or permit pertaining to this Part.

(4) Providing false testimony before the board or providing false sworn information to the board.

(5) Habitual or recurring abuse of drugs, including alcohol, which affect the central nervous system and which are capable of inducing physiological or psychological dependence.

(6) Prescribing, dispensing, or administering legally controlled substances or any dependency-inducing medication without legitimate medical justification therefor or in other than a legal or legitimate manner.

(7) Solicitation of patients or self-promotion through advertising or communication, public or private, which is fraudulent, false, deceptive, or misleading.

(8)(a) Performing, or assisting in the performance of, or procuring or abetting in procuring an abortion or termination of pregnancy during the third trimester of pregnancy or after viability of the fetus, unless the physician determines that such abortion or termination of pregnancy is necessary, in his best medical judgment, in order to save the life or health of the pregnant woman and/or of the fetus (unborn child):

(b) Performing or assisting in the performance of, or procuring, or abetting in the procuring of an abortion or termination of pregnancy after the first trimester:

(i) When the abortion or termination of pregnancy is contrary to or unnecessary in the best medical judgment of that physician; or,

(ii) When the operating physician lacks the training and experience to perform the procedure; or,

(iii) When the procedure is performed outside of a hospital licensed by the Louisiana Department of Health, or its successor.

(9) Performing, or assisting in the performance of, or procuring, or abetting in the procuring of an abortion or termination of pregnancy:

(a) When the abortion or termination of pregnancy is contrary to or unnecessary in the best medical judgment of that physician; or,

(b) When the operating physician lacks the training and experience to perform the procedure; or,

(c) When the procedure is performed outside of a hospital licensed by the Louisiana Department of Health, or its successor.

(10) Efforts to deceive or defraud the public.

(11) Making or submitting false, deceptive, or unfounded claims, reports, or opinions to any patient, insurance company or indemnity association, company, individual, or governmental authority for the purpose of obtaining anything of economic value.

(12) An inability to practice medicine with reasonable skill or safety due to mental illness or deficiency, including but not limited to deterioration through the aging process or the loss of motor skills or excessive use or abuse of drugs, including alcohol.

(13) Unprofessional conduct, including but not limited to, conduct manifested as sexual misconduct, disruptive behavior, failing to cooperate with the board, failing to maintain independent medical judgment, improperly delegating or supervising, exercising undue influence, enabling the unauthorized practice of medicine, practicing or enabling practice by an impaired provider, failing to practice within the scope of education, training, and experience, intentionally falsifying or fraudulently altering records, or failing to create or maintain medical records.

(14) Medical incompetency, including but not limited to, incompetency manifested by continuing or recurring medical practice which fails to satisfy the prevailing and usually accepted standards of medical practice in this state.

(15) Immoral conduct in exercising the privileges provided for by license or permit issued under this Part.

(16) Gross, willful, and continued overcharging for professional services.

(17) Abandonment of a patient.

(18) Knowingly performing any act which, in any way, assists an unlicensed person to practice medicine, or having professional connection with or lending one's name to an illegal practitioner.

(19) Soliciting, accepting, or receiving anything of economic value in return for and based on the referral of patients to another person, firm, or corporation or in return for the prescription of medications or medical devices.

(20) Persistent violation of federal or state laws relative to control of social diseases.

(21) Interdiction or commitment by due process of law.

(22) Utilizing a physician's assistant without approval and recordation as required by law or permitting a physician's assistant, within his employment, to conduct activities outside of the designated scope of the assistant's approval and registration.

(23) Knowingly employing a physician's assistant whose conduct includes any of the causes enumerated in this Section.

(24) Knowingly misstating or misrepresenting the qualifications and certification of competency of any physician's assistant in order to obtain approval and registration of such person.

(25) Inability to practice medicine with reasonable skill or safety to patients because of mental illness or deficiency; physical illness, including but not limited to deterioration through the aging process or loss of motor skills; or excessive use or abuse of drugs, including alcohol.

(26) Refusing to submit to the examinations and inquiry of an examining committee of physicians appointed or designated by the board to inquire into the physician's physical and mental fitness and ability to practice medicine with reasonable skill and safety to patients.

(27) Failure, by any physician or person performing, inducing or assisting an abortion, to exercise that degree of professional care and diligence and failure to take such measures as may constitute good medical practice, necessary to encourage or sustain the life and health of an aborted viable infant, when the death of the infant results. "Viable" means that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supporting systems.

(28) Taking the life of a viable infant aborted alive.

(29) The refusal of a licensing authority of another state to issue or renew a license, permit, or certificate to practice medicine in that state or the revocation, suspension, or other restriction imposed on a license, permit, or certificate issued by such licensing authority which prevents or restricts practice in that state, or the surrender of a license, permit, or certificate issued by another state when criminal or administrative charges are pending or threatened against the holder of such license, permit, or certificate.

(30) Violation of any rules and regulations of the board, or any provisions of this Part.

(31) Failure by a physician to self-report in writing to the board any personal action which constitutes a violation of this Part within thirty days of the occurrence. A report shall not be required if the violation relates to a physician's ability to practice medicine with reasonable skill and safety by reason of substance abuse or psychiatric condition, provided such physician has, since the occurrence, executed a treatment contract with the Louisiana State Medical Society's Physicians Health Program, its successor program, or such other program as may be designated by the board, and is in full compliance with the terms and conditions of such contract.

(32) Holding oneself out to the public in any manner as being certified by a public or private board including but not limited to a multidisciplinary board or "board certified", unless all of the following criteria are satisfied:

(a) The full name of the board from which the physician is certified and the name of the specialty or subspecialty is included in the advertisement.

(b) The board meets any of the following qualifications:

(i) The board is an American Board of Medical Specialties member board or an American Osteopathic Association certifying board.

(ii) The board has been approved by the Louisiana State Board of Medical Examiners.

(iii) The board requires an Accreditation Council for Graduate Medical Education or American Osteopathic Association approved postgraduate training program that provides complete training in that specialty or subspecialty.

(c) If the physician advertises and does not meet any of the criteria articulated in this Paragraph, the physician shall list his qualifications for performing the advertised medical procedures in the advertisement.

B. The board may, in instances it deems proper, implement the above recited causes, by establishing appropriate regulations and standards pertaining thereto.

C.(1) The board may, as part of a decision, consent order, or other agreed order, require a license or permit holder or an applicant to pay all costs of the board proceedings, including but not limited to investigators', stenographers', and attorney fees, witness fees and expenses, and the per diem and expenses of the members of the board's hearing panel, and to pay a fine not to exceed the sum of five thousand dollars.

(2) If for any reason the costs or fines imposed by the board under this Section are not paid within the time specified by the board, the board may recover costs and attorney fees associated with their collection.

(3) The board may authorize any member of the board to sign an affidavit, petition, or other legal process authorized by this Part, including but not limited to a petition in any court of competent jurisdiction, for a money judgment for any and all costs and fines payable pursuant to a final decision, consent order, or other agreed order.

D. Any license or permit suspended, revoked, or otherwise restricted by the board may be reinstated by the board.

E. The board's final decision in an adjudication proceeding under this Section, other than by consent order, agreement, or other informal disposition, shall constitute a public record, and the board may disclose and provide such final decision to any person, firm, or corporation, or to the public generally. The board's disposition of an adjudication proceeding by consent order shall not constitute a public record, but the board shall have authority and discretion to disclose such disposition.

F. No judicial order staying or enjoining the effectiveness or enforcement of a final decision or order of the board in an adjudication proceeding, whether issued pursuant to R.S. 49:978.1(C) or otherwise, shall be effective, or be issued to be effective beyond the earlier of:

(1) One hundred twenty days from the date on which the board's decision or order was rendered.

(2) The date on which the court enters judgment in a proceeding for judicial review of the board's decision or order pursuant to R.S. 49:978.1.

G. Notwithstanding any other law to the contrary, no judicial order staying, enjoining, or continuing an adjudication proceeding before, or a preliminary, procedural, or intermediate decision, ruling, order, or action of, the board shall be effective or issued to be effective, whether pursuant to R.S. 49:978.1 or otherwise, prior to the exhaustion of all administrative remedies and issuance of a final decision or order by the board.

H. No order staying or enjoining a final decision or order of the board shall be issued unless the district court finds that the applicant or petitioner has established that the issuance of the stay does not:

(1) Threaten harm to other interested parties, including individuals for whom the applicant or petitioner may render medical services; or

(2) Constitute a threat to the health, safety, and welfare of the citizens of this state.

I. No stay of a final decision or order of the board shall be granted ex parte. The court shall schedule a hearing on a request for a stay order within ten days from filing of the request. The court's decision to either grant or deny the stay order shall be rendered within five days after the conclusion of the hearing.

Acts 1975, No. 350, §1; Amended by Acts 1977, No. 498, §1; Acts 1977, No. 500, §1; Acts 1977, No. 525, §1; Acts 1985, No. 302, §2; Acts 1987, No. 884, §1; Acts 1988, No. 741, §1; Acts 1995, No. 993, §1; Acts 1999, No. 660, §1; Acts 1999, No. 788, §2; Acts 2001, No. 17, §1, eff. May 17, 2001; Acts 2004, No. 155, §1; Acts 2010, No. 602, §1, eff. June 25, 2010; Acts 2011, No. 337, §1; Acts 2015, No. 441, §1, eff. July 1, 2015; Acts 2022, No. 271, §2; Acts 2022, No. 757, §1.
La. Rev. Stat. § 37:3559 — LA Code / Code revised-statutes / Title 37 / Section 3559
License regulations
Status: in_force

A. The Licensed Massage Therapist Identification, or LMT-ID, Card of each licensed massage therapist who works at a massage establishment shall be displayed in plain view in an appropriate public manner. If practicing massage therapy outside of a licensed massage establishment, a massage therapist shall have possession of the LMT-ID Card and shall present for review upon request the LMT-ID Card issued by the board.

B. Name or location changes to any license shall be submitted to the board within thirty days of the change with appropriate fees.

C. The license is nontransferable and shall be for the sole use and benefit of the licensee or location issued.

D. All licenses are the property of the board and shall be surrendered upon demand of the board.

Acts 1992, No. 753, §2, eff. Sept. 1, 1992; Acts 2001, No. 387, §1; Acts 2012, No. 605, §1, eff. Jan. 1, 2013; Acts 2024, No. 779, §1, eff. June 21, 2024.
La. Rev. Stat. § 37:3410 — LA Code / Code revised-statutes / Title 37 / Section 3410
Standards for the development and communication of real estate appraisals
Status: in_force

A.(1) A registered or licensed real estate appraiser shall comply with generally accepted standards of professional practice in the development and communication of appraisals of real estate located in this state and with generally accepted ethical rules of conduct as contained in the "Uniform Standards of Professional Appraisal Practice" (USPAP), or its successor, as approved and periodically amended by the Appraisal Standards Board of the Appraisal Foundation or its successor.

(2) Nothing in this Chapter shall prohibit a registered or licensed real estate appraiser from performing an evaluation of real property for a federally insured depository institution if the evaluation is permitted by either federal law, regulation, or the guidelines for evaluations established by the federal financial institutions regulatory agency of the depository institution, or a mortgage servicer approved to service any federally related mortgage loans.

B. The registered or licensed real estate appraiser shall include within the body of the appraisal report the amount of the appraiser's fee for appraisal services.

Acts 1987, No. 472, §1; Acts 1990, No. 740, §1; Acts 1991, No. 412, §1; Acts 2003, No. 341, §1; Acts 2012, No. 429, §1, eff. May 31, 2012; Acts 2014, No. 213, §1; Acts 2019, No. 37, §1; Acts 2022, No. 547, §1, eff. June 17, 2022.
La. Rev. Stat. § 37:2599 — LA Code / Code revised-statutes / Title 37 / Section 2599
Investigation
Status: in_force

The director may at any reasonable time investigate and examine the books and records of every licensee hereunder and of any person, firm, association or corporation who or which shall be engaged in the business as defined in R.S. 37:2582 and who or which are not expressly exempted under this Chapter.

Acts 1970, No. 423, §20.
La. Rev. Stat. § 37:799 — LA Code / Code revised-statutes / Title 37 / Section 799
Interstate Dental and Dental Hygiene Licensure Compact; adoption
Status: in_force

The Interstate Dental and Dental Hygiene Licensure Compact is hereby enacted into law and the governor shall enter into a compact on behalf of the state with any jurisdiction legally joined therein, in the form substantially as follows:

SECTION 1. PURPOSE

This compact shall be known as the Interstate Dental and Dental Hygiene Licensure Compact and the purpose of the compact is to expedite licensure and increase access to dental healthcare through licensure boards acting in cooperation. The compact adopts the existing structures most utilized by dental boards across the United States, while ensuring the safety of the public through the sharing of documents and information. This compact ensures that each state retains the right to impose an adverse action on a licensee as a home state or as a practicing state. Each state has an opportunity to share investigations and information with the home state of licensure. The compact is operated by state dental board members, administrators, and other staff, thus allowing for each state to maintain its sovereignty.

The compact does all of the following:

(1) Allows for expedited licensure portability and ease of movement of licensees between states.

(2) Allows each state to continue to regulate the practice of dentistry and dental hygiene within its borders.

(3) Creates a common goal of protecting the public by ensuring a uniform licensure standard and sharing of information in the compact.

(4) Allows for licensure in every participating state by requiring passage of the uniform licensure examination that assesses psychomotor and cognitive dental skills and is currently accepted in fifty state licensing jurisdictions and United States territories.

(5) Gives licensees one location to maintain professional documentation to expedite license transfers in states, hospitals, or institutional credentialing.

(6) Facilitates a faster licensure process for relocation or separation of military members and their dependent spouses; there are no compact fees for military members or their spouses.

(7) Alleviates a duplicative process for licensure among multiple states.

(8) Saves applicants money by not having to obtain duplicate documents from a source that charges for the documents.

SECTION 2. DEFINITIONS

(1) "AADB" means the American Association of Dental Boards or its named successor, formerly known as the American Association of Dental Examiners, originally chartered on September 10th, 1896, and renewed in 1944, comprised of state dental boards in the United States and its territories.

(2) "Attorneys' Committee" means the committee of attorneys who currently represent a member state dental board. The Attorneys' Committee shall designate one of its members to participate in the commission as a non-voting member. An attorney who has previously served as an attorney for a member state dental board may be invited on a year-to-year basis to serve on the Attorneys' Committee if he has not engaged in an official case against a state dental board or has any other conflict of interest. The Attorneys' Committee may assist the investigators in working through joint investigation issues between states.

(3) "Active-duty military person or spouse" means a licensee in full-time active-duty status in the active uniformed services of the United States, including members of the National Guard and Reserves. The legal spouse of the military member shall be recognized by the military unit as a dependent while the service member is on active duty. Spouses shall receive the same privileges as military members for the purpose of this compact.

(4) "Active investigation" means an active investigation potentially resulting in formal allegations or charges precipitating a judicial process by a state dental board, oversight agency, or other law enforcement entity.

(5) "Adverse action" means an order issued by a state dental board or reported to the clearinghouse pursuant to the commission's bylaws and rules that disciplines a licensee. Adverse action includes and is not limited to the suspension, limiting, or revocation of a license or compact license privilege; the imposition of fees and sanctions; and any temporary emergency order that may be later withdrawn by a board.

(6) "ADEX examination" means the initial licensure examinations developed by the American Board of Dental Examiners, Inc. or its successor.

(7) "Bylaws" means the bylaws passed by the commission or its named successor commission.

(8) "Clearinghouse" means the clearinghouse and databank that houses prior Adverse Action documentation, orders, and denials of licensure or permits from state dental boards that is administered by the AADB or its successor.

(9) "CODA" means the Commission on Dental Accreditation or its successor as approved by the United States Department of Education.

(10) "Commission" means the Interstate Dental and Dental Hygiene Compact Licensure Commission created pursuant to Section 3 of this compact.

(11) "Commissioners" means the two members chosen by each member state dental board to serve as the voting members of the commission.

(12) "Compact" means the Interstate Dental and Dental Hygiene Licensure Compact created pursuant to Section 3 of this compact.

(13) "Compact license privilege" means the expedited dental or dental hygiene license to practice in a member state that is not the licensee's home state.

(14) "Conviction" means an adjudication or formal judgment by a court that an individual is guilty through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a conviction of a criminal offense by the court shall be considered final for the purposes of considering or imposing disciplinary action by a member state dental board.

(15) "Criminal background check" means a criminal background check using the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have a suitability determination in accordance with 5 CFR 731.202.

(16) "Dental hygienist" means any person who meets the following criteria:

(a) Has successfully graduated from a CODA-approved dental hygiene school.

(b) Has successfully passed the ADEX dental hygiene licensure examination; or has been in practice five years or more and has successfully passed a regional board examination or equivalent state-administered psychomotor licensure examination prior to January 1, 2024.

(c) Has successfully passed the written national dental hygiene board examination administered by the Joint Commission on National Dental Examinations.

(d) Possesses a full and unrestricted dental hygiene license issued by a member state.

(e) Has never been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense, other than traffic offenses, by a court of appropriate jurisdiction.

(f) Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education.

(g) Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(h) Meets any jurisprudence requirement established by a member state dental board of a member state in which a licensee is seeking a compact license privilege.

(17) "Dental Practice Act" means the laws and regulations governing the practice of dentistry within a member state.

(18) "Dentist" means any person who meets all of the following criteria:

(a) Has successfully graduated from a CODA-approved dental school.

(b) Has successfully passed the ADEX dental licensure exam; or has been in practice five years or more and has successfully passed a regional board examination or equivalent state-administered psychomotor licensure examination prior to January 1, 2024.

(c) Has successfully passed the written National Dental Board Exam administered by the Joint Commission on National Dental Examinations.

(d) Possesses a full and unrestricted dental license issued by a member state dental board.

(e) Has never been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense, other than traffic offenses, by a court of appropriate jurisdiction.

(f) Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education.

(g) Has never had a state or federal drug registration, permit, or license restricted, suspended, or revoked by the United States Drug Enforcement Administration or any licensing agency that oversees scheduled drug registrations.

(h) Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(i) Meets any jurisprudence requirement established by a member state dental board in which a licensee is seeking a compact license privilege.

(19) "Home state" means the state of primary licensure of a licensee.

(20) "License" means the authorization by a licensing authority for a dentist or dental hygienist to engage in the unrestricted practice of dentistry or dental hygiene, which would be unlawful without such license.

(21) "Licensee" means a dentist or dental hygienist who holds an unrestricted license to practice as a dentist or dental hygienist.

(22) "Licensing agency" means the agency or other entity of a state that is responsible for the licensing of dentists and dental hygienists. If a member state dental board has such responsibility, it shall be deemed a licensing agency.

(23) "Member state dental board" means a state agency in a member state that protects the public through licensure, regulation, and the education of dentists and dental hygienists, as directed by the state law. All actions taken by a member state dental board shall be under the authority of the laws of its state and any other rights conferred under this compact.

(24) "Member state" means a state, the District of Colombia, or any other United States territory that has enacted this compact.

(25) "Regional board examination" means initial licensure examinations administered by the Western Regional Examining Board (WREB), the North East Regional Board of Dental Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of Interstate Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central Regional Dental Testing Services (CRDTS) that assess psychomotor skills.

(26) "Repository" means the repository of original documents of a licensee that may include original transcripts, certification documents, test scores, military training records, previous or current licensing documents, and other sources of materials needed for applications and verification administered by the AADB or its successor. The repository shall receive documents from primary or originating sources or verify their authenticity.

(27) "Scope of practice" means the dental-related procedures that require a license, permit, or training to undertake the treatment and procedure to be completed on a patient within the member state's requirements.

(28) "State" means a state within the United States of America or a United States territory.

(29) "State jurisprudence" means the knowledge of a member state's laws and rules of dentistry and dental hygiene.

SECTION 3. COMPACT AND COMMISSION

A. The member states hereby create the Interstate Dental and Dental Hygiene Licensure Compact and the commission. Each member state shall enact a compact that is not materially different from this compact, as determined by the commission.

B. Each member state dental board shall have two voting members who shall serve as commissioners. Each commissioner shall have one vote. Member states with separate dental and dental hygiene licensing agencies shall appoint one commissioner from each licensing agency. One commissioner shall be a current member of a member state dental board. Commissioners may not delegate votes or vote by proxy, however, if a commissioner is unable to attend, the member state may substitute a commissioner who meets the same requirements.

C. Upon five states joining the compact, the compact shall become active. The commission shall adopt bylaws upon becoming active.

D. The commission shall meet at least once per calendar year, in an annual meeting, and at additional times as necessary pursuant to the bylaws and rules.

E. At each annual meeting, the commission shall elect a chair, vice chair, secretary, and treasurer from the membership of the commission. The officers shall be members of the commission's executive committee. The commission shall also elect representatives from four regional districts established by the commission to serve on the executive committee. All officers and executive committee representatives shall serve one-year terms.

F. Quorum for purposes of conducting business shall be a majority of commissioners attending in person or virtually.

G. The commission shall provide notice of all meetings on its website and in other communications to member state dental boards.

H. A vote of two-thirds of the commissioners present shall be required for an executive session to discuss any of the following:

(1) Items specifically related to participation in a lawsuit or in anticipation of a legal proceeding.

(2) Matters specifically exempted from disclosure by federal statute.

(3) Information or matters involving law enforcement agencies or information that accuses a person of a crime or a public censure.

(4) Discussions that would include information of a personal nature that would constitute an unwarranted invasion of personal privacy.

(5) Anything considered internal practices and procedures or a trade secret.

(6) Other items described in the commission bylaws allowing for executive sessions to be called.

(7) Advice of legal counsel.

I. The commission shall keep minutes and make them available to all member states.

J. The commission may establish other committees as needed.

K. The commission shall prepare an annual report that shall be made available to the legislatures and governors of the member states. The annual report shall describe the activities of the commission during the preceding calendar year. Such reports shall also include reports of the annual financial audit and any actions taken by or rules that were adopted by the commission.

SECTION 4. DUTIES OF COMPACT MEMBER STATES

A. Member states shall submit to the clearinghouse all member state dental board actions and other documents and data as determined by the commission.

B. Member states shall notify the commission of any adverse action taken by the member state dental board, any active investigation by the member state dental board, any active investigation involving pending criminal charges, or other circumstance as determined by the commission.

C. Any adverse action, order, restriction, or denial of a license or permit on a licensee or compact license privilege holder shall be reported to the clearinghouse by the member state dental board.

D. Member state dental boards may submit to the clearinghouse nonpublic complaints or disciplinary or investigatory information not required by Subsection C of this Section of this compact. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute.

E. Members states shall accept continuing education credits as required or recognized by any other member state.

F. Documents in the repository shall be treated by a member state as the equivalent of a primary or original source document for licensure.

G. Member states shall accept a standardized application for a compact license privilege. The standardized application shall be established by the rules enacted by the commission.

H. Member states may agree to share information regarding ongoing investigations and actions, including joint investigations between states. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute.

I. As part of the compact enforcement, participating member states may issue subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other member states and enforced by a court of competent jurisdiction where the witnesses or evidence is located.

SECTION 5. POWERS AND DUTIES OF THE COMMISSION

A. The commission shall have the duty and power to do all of the following:

(1) Oversee and maintain the administration of the compact including the organizational needs, the financial activities, the hiring of personnel, and ongoing activities or needs of the commission.

(2) Promulgate bylaws and rules to operate the compact and the commission.

(3) Establish a budget and make expenditures.

(4) Have an annual financial audit performed by an independent certified public accounting firm.

(5) Issue, upon the request of a member state dental board, advisory opinions concerning the meaning or interpretation of the compact and its bylaws, rules, and actions.

(6) Enforce compliance with compact provisions, the rules promulgated by the commission, and the bylaws, using all necessary and proper means, including but not limited to the use of the judicial process.

(7) Hold an annual meeting for the commission where the elections of the executive committee and other issues may be discussed and voted on.

(8) Establish personnel policies and programs relating to conflicts of interest, the rates of compensation, and qualifications of personnel.

(9) Accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of them in a manner consistent with the conflict-of-interest policies established by the commission.

(10) Report annually to the legislatures and governors of the member state dental boards concerning the activities of the commission during the preceding calendar year. Such reports shall also include reports of annual financial audits, all actions of the commission, rules adopted by the commission, and any recommendations by the commission.

(11) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation.

B. The executive committee shall have the power to act on behalf of the commission, with the exception of rulemaking, during periods when the commission is not in session. When acting on behalf of the commission, the executive committee shall oversee the administration of the compact, including enforcement of and compliance with the compact.

C. The officers and employees of the commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

D. The liability of the executive director and employees of the commission or representatives of the commission, acting within the scope of such person's employment or duties, for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The commission shall be considered to be an instrumentality of the states for the purposes of any such action. Nothing in this Subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

E. The commission shall defend the commission's executive director, its employees, and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by a commission representative, shall defend such commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

F. To the extent not covered by the state involved, member state, or the commission, the representatives or employees of the commission shall be held harmless by the commission in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

SECTION 6. APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT LICENSE PRIVILEGE TO A MEMBER STATE

A. A dentist or dental hygienist applying for compact license privileges shall meet the requirements of a dentist as listed in Section (2)(18) of this compact or a dental hygienist as listed in Section (2)(16) of this compact and hold a current license in a member state in accordance with this compact.

B. Each dentist or dental hygienist shall designate a home state of licensure. The home state shall be determined by either of the following:

(1) The state of primary residence for the dentist or dental hygienist, where twenty-five percent of his practice within one year occurs. An active-duty military member or his spouse may choose a home state as designated with the military but is not required to meet the requirement of twenty-five percent practice being within his home state.

(2) If no state qualifies pursuant to Paragraph (1) of this Subsection, then the state that the dentist or dental hygienist listed as his state of residence on the previous year's federal tax return.

C. A dentist or dental hygienist may redesignate a home state no more than one time in a calendar year if the qualifications of a home state are met.

D. A dentist or dental hygienist seeking a compact license privilege shall apply to his home state dental board for a letter stating that the applicant is eligible for compact license privileges.

E. The home state dental board shall determine the eligibility of an application for a compact license privilege and shall issue a letter of approval or denial of the application for a compact license privilege.

F.(1) The letter from the applicant's home state dental board approving the application shall be submitted to the member state dental board for the member state in which the applicant proposes to practice and shall include all of the following:

(a) The compact application packet.

(b) Authorization to seek access to the applicant's repository documents.

(c) Any additional information that may be required by the proposed compact license privilege state.

(d) Any required fees.

(2) The member state dental board shall review the application to confirm compliance with the member state's laws and regulations. Following such review, if the member state dental board approves the application, it shall issue a compact license privilege from the proposed member state to the applicant.

G. Appeals of a denial of a compact license privilege application shall be filed with the member state dental board making such determination and shall be filed within thirty days of the date of the denial.

H. A licensee holding a compact license privilege shall notify the commission within ten business days of any adverse action taken against a license held in a state that is not a member state.

I. A compact license privilege may be revoked, suspended, or limited by the issuing member state dental board if at any time the licensee's home state license is revoked, suspended, or limited.

J. The commission shall issue rules on the duration of a compact license privilege, the application and renewal process for a compact license privilege, and any application fees.

K. Eligibility or ineligibility to receive a compact license privilege shall not limit the ability of a licensee to seek a state license through the regular process outside of the compact.

SECTION 7. JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS

A. Each licensee holding a compact license privilege shall be subject to and comply with the laws and regulations of the member state in which the licensee practices under a compact license privilege.

B. Each licensee holding a compact license privilege shall be subject to the jurisdiction and authority of the member state dental board of the state in which the licensee practices as if he held a license issued from such member state dental board. Such compact license privilege holder shall be deemed a "licensee" of the member state dental board for purposes of such board taking an adverse action.

C. Each licensee holding a compact license privilege shall list a current address with the commission that shall serve as his official address of service.

D. A licensee holding a compact license privilege may have an adverse action taken against him by any of the following:

(1) The member state dental board of the member state in which he is practicing with a compact license privilege.

(2) The licensee's home state.

(3) The state licensing authority of a state that is not a member state from which the licensee holds a license.

E. A home state may take an adverse action against the holder of a compact license privilege, regardless of where the actions giving rise to the adverse action occurred.

F. Any member state in which the compact licensee holds a compact license privilege may investigate an allegation of a violation of the laws and rules of the practice of dentistry or dental hygiene in any other state where the compact licensee holds a compact license privilege.

SECTION 8. FEES AND MILITARY WAIVER

A. The commission shall issue rules regarding the use of the repository by each holder of a compact license privilege.

B. A member state dental board issuing a compact license privilege authorizing practice in its state may impose a fee for a compact license privilege for either initial issuance or any renewal.

C. No compact fee shall be required of any active-duty military member or his spouse up to one year after separation from the service. Each member state issuing a compact license privilege may waive fees for active-duty military or his spouse as required by each individual state statute.

D. Active-duty military may transfer military training records to the repository without a fee.

SECTION 9. JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS

A. Each member state shall name a point of contact for joint investigations between member state dental boards.

B. Member state dental boards may participate with other member state dental boards in joint investigations of licensees that are subject to this compact.

C. Member state dental boards may share investigative, litigation, or other materials in furtherance of any joint or individual investigation of a compact license privilege holder.

D. A subpoena issued by a member state or member state dental board shall be enforceable in other member states as allowed by law.

E. If a compact license privilege holder has an adverse action taken against him by any member state dental board, the compact license privilege holder, licensee shall automatically be subject to similar discipline by other member state dental boards.

F. If a compact license privilege holder has an adverse action taken against his home state license, including being revoked, surrendered, relinquished in lieu of discipline, or suspended, then automatically all other compact license privileges shall be placed in the same status. The home state dental board shall notify the commission and the commission shall issue a notice to all member state dental boards of such adverse action.

G. If discipline or an adverse action is taken against a compact license privilege holder in a member state, the member state board shall notify the commission and the home state of the compact license privilege holder. The home state may deem the action conclusive as a matter of law and fact and may do either of the following:

(1) Impose the same or lesser sanction consistent with the home state's laws.

(2) Pursue separate actions against the compact license privilege holder under its laws, regardless of the sanctions pursued by the member state dental board.

SECTION 10. OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY AND THE CLEARINGHOUSE

A. Insurance companies and entities verifying documents for the purpose of licenses extended to a dentist or dental hygienist may seek information from the clearinghouse for public record documents.

B. A dentist or dental hygienist may submit a request to the commission to allow any hiring employer, entity, or insurance company to access documents from the repository for the purposes of credentialing, licensing, or other privileges.

C. The commission shall set a fee schedule for these services.

SECTION 11. RULEMAKING FUNCTIONS OF THE COMMISSION

A. The commission shall promulgate reasonable rules in order to effectively and efficiently implement and achieve the purposes and administration of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact or the powers granted to it, then such an action by the commission may be determined to be invalid and have no force or effect.

B. Rules validly issued by the commission shall have the force of law in each member state.

C. Rules deemed appropriate for the operations of the commission shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of 2010, and subsequent amendments thereto.

SECTION 12. OVERSIGHT OF THE COMPACT

A. The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent to allow for expedited licensure for the purpose of mobility. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of dentistry and dental hygiene.

B. All courts may take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities, or actions of the commission.

C. The commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Except where the commission has intervened, failure to provide service of process to the commission shall render a judgment or order void as to the commission, the compact, or promulgated rules.

SECTION 13. ENFORCEMENT AND DEFAULT PROCEDURES

A. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.

B. The grounds for default under this compact by a member state include but are not limited to failure of a member state to perform such obligations or responsibilities imposed upon it by the compact or by the rules and bylaws of the commission promulgated in accordance with the compact.

C. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities pursuant to the compact, bylaws, or promulgated rules, the commission shall do both of the following:

(1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the commission. The commission shall specify the conditions by which the defaulting state shall cure its default.

(2) Provide remedial training and specific technical assistance regarding the default.

D. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

E. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

F. The commission shall establish rules and procedures to address licenses and compact license privilege holders that are materially impacted by the termination of a member state or the withdrawal of a member state.

G. The commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the commission and the defaulting state.

H. The defaulting state may appeal the action of the commission by petitioning the state court where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

I. The remedies herein shall not be the exclusive remedies of the commission. The commission may avail itself of any other remedies available in accordance with state law or the regulation of a profession.SECTION 14. DISPUTE RESOLUTION

A. The commission shall attempt, upon the request of a member state dental board, to resolve disputes which are subject to the compact and which may arise among member state dental boards.

B. The commission shall promulgate rules providing for both mediation and voluntary binding dispute resolution, as appropriate.

SECTION 15. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

A. Any state is eligible to become a member state of the compact.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than five states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.

C. The governors of nonmember states, or their designees, shall be invited to participate in the activities of the commission on a nonvoting basis prior to adoption of the compact by all states.

D. The commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

SECTION 16. WITHDRAWAL

A. Once effective, the compact shall continue in force and remain binding upon each and every member state; however, a member state may withdraw from the compact after giving appropriate notice by specifically repealing the statute which enacted the compact into law.

B. The licensee's compact license privilege shall remain in effect for six months from the date of the member state dental board withdrawal.

C. The withdrawing state shall immediately notify the chairperson of the commission in writing upon the introduction of legislation repealing the compact by the withdrawing state, and upon the enactment of such legislation.

D. The commission shall notify the other member states within sixty days of its receipt of notice provided pursuant to Subsection C of this Section of this compact.

E. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the commission.

F. The commission shall issue rules to address the impact of the withdrawal of a member state on licenses granted by other member states to dentists and dental hygienists who designated the withdrawing member state as their home state.

SECTION 17. DISSOLUTION

A. The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

B. Upon the dissolution of the compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

SECTION 18. SEVERABILITY AND CONSTRUCTION

A. The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of the compact shall be liberally construed to effectuate its purposes.

SECTION 19. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

B. All lawful actions of the commission, including all rules and bylaws promulgated by the commission, shall be binding upon the member states.

C. All agreements between the commission and the member states shall be binding in accordance with their terms.

D. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

SECTION 20. RULES OF ORDERThe most current edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure shall govern all meetings of the commission, including its committees, in those situations not otherwise covered in the bylaws.

Acts 2025, No. 312, §1.
La. Rev. Stat. § 37:1749 — LA Code / Code revised-statutes / Title 37 / Section 1749
Cash bonding
Status: in_force

A. Whenever a provision of this Title requires the posting of a bond or other security for the performance of a duty which bond runs in favor of a state agency, board, or commission, in lieu of the bond or other security, cash, a certificate of deposit, an irrevocable letter of credit, a money order, or a certified check in the same amount specified for the bond shall satisfy the security requirement.

B. It shall be the responsibility of the governing authority of each such entity which requires the posting of a bond or other security to adopt rules providing for the receipt and handling of such deposits, including whether or in what manner interest will be paid.

Acts 1992, No. 338, §1.
La. Rev. Stat. § 37:3386.1 — LA Code / Code revised-statutes / Title 37 / Section 3386.1
Definitions
Status: in_force

As used in this Chapter, the following terms have the meaning ascribed to them in this Section:

(1) "Addiction counselor" means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction counseling services to those individuals afflicted with or suffering from an addictive disorder or certain co-occurring disorders. The counseling services provided shall be those which utilize KSA or core functions, as determined by the board to be appropriate for the addictive disorder or disorders presented.

(2) "Addictive disorder" means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. As used in this Chapter, "addictive disorder" shall include not only those instances where withdrawal from or tolerance to the substance or behaviors are present but also those instances involving use and abuse of substances.

(3) "Board" means the governing body of the Addictive Disorder Regulatory Authority.

(4) "Certified clinical supervisor" means any person holding the necessary credential of licensed, certified, or registered addiction counselor or any person who holds a specialty substance abuse credential in another professional discipline in a human services field at the master's level or higher; and who has satisfied the requirements established by the board to provide clinical supervision.

(5) "Client" means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facility until discharged.

(6) "Clinical supervision" means the interpersonal tutorial relationship between a certified clinical supervisor and other licensed, certified, or registered addiction counseling professionals centered on the goals of skill development and professional growth through learning and practicing. Through observation, evaluation, and feedback, clinical supervision enables the supervisee to acquire the competence needed to deliver effective patient care while fulfilling professional responsibility. Clinical supervision is understood to emphasize improvement of the counseling skills and effectiveness of the supervisee and is to be distinguished from administrative supervision.

(7) "Compulsive gambling counselor" means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessary credential as a qualified mental health professional, who is certified by the board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualified to provide gambling addiction counseling to persons who have a gambling addiction disorder or who exhibit gambling addictive behaviors.

(8) "Co-occurring disorder" means a disorder in which an individual has at least one psychiatric disorder as well as an addictive disorder. While these disorders may interact differently in any one person, at least one disorder of each type can be diagnosed independently of the other.

(9) "Core functions" means the screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, reports, and record-keeping activities associated with counseling and consultation with other credentialed professionals.

(10) "Counselor-in-training" means any person who has not yet met the qualification to become a licensed, certified, or registered counselor, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board.

(11) "Custodial environment" means a setting created by a court system in which a person has been deprived of freedom of action in any significant way.

(12) "KSA" means the knowledge, skills, and attitudes designated by the board as being necessary for effective addiction counseling and required by the board to be utilized by addictive disorders counselors in providing addiction counseling services.

(13) "Prevention" means those activities and services that prevent, reduce, or stabilize the incidence of addictive disorders and thereby prevent, reduce, or stabilize the prevalence of addictive disorders. The activities contemplated by this definition include services to those at risk of developing an addictive disorder as well as those individuals who, though not necessarily at risk of developing an addictive disorder, are nonetheless appropriate for services. In addition, prevention shall be understood to include educational programs and activities that are designed to raise the awareness of and encourage healthy behaviors.

(14) "Prevention specialist-in-training" means any person who has not yet met the qualifications to become a licensed, certified, or registered prevention professional, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board.

(15) "Qualified mental health professional" means:

(a) A psychiatrist licensed pursuant to R.S. 37:1261 et seq.

(b) A psychologist licensed pursuant to R.S. 37:2351 et seq., or a medical psychologist licensed pursuant to R.S. 37:1360.51 et seq.

(c) A licensed clinical social worker licensed pursuant to R.S. 37:2701 et seq.

(d) A mental health counselor licensed pursuant to R.S. 37:1101 et seq.

(16) "Substance abuse disorder" means the repeated pathological use of drugs, including alcohol, which causes physical, psychological, economic, legal, or social harm to the individual user or to others affected by the user's behavior.

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2006, No. 427, §§2 and 3; Acts 2009, No. 251, §8, eff. Jan. 1, 2010; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2; Acts 2021, No. 238, §2.
La. Rev. Stat. § 37:1310.1 — LA Code / Code revised-statutes / Title 37 / Section 1310.1
Interstate Medical Licensure Compact; adoption
Status: in_force

The Interstate Medical Licensure Compact is hereby recognized and enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:

SECTION 1. PURPOSE

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.

SECTION 2. DEFINITIONS

In this compact:

(a) "Bylaws" means those bylaws established by the Interstate Commission pursuant to Section 11.

(b) "Commissioner" means the voting representative appointed by each member board pursuant to Section 11.

(c) "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(d) "Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.

(e) "Interstate commission" means the interstate commission created pursuant to Section 11.

(f) "License" means authorization by a member state for a physician to engage in the practice of medicine, which would be unlawful without authorization.

(g) "Medical practice act" means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(h) "Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.

(i) "Member state" means a state that has enacted the compact.

(j) "Practice of medicine" means that clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.

(k) "Physician" means any person who:

(1) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;

(2) Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

(3) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

(4) Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;

(5) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(6) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(7) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;

(8) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and

(9) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.

(m) "Rule" means a written statement by the interstate commission promulgated pursuant to Section 12 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

(n) "State" means any state, commonwealth, district, or territory of the United States.

(o) "State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.

SECTION 3. ELIGIBILITY

(a) A physician must meet the eligibility requirements as defined in Section 2(k) to receive an expedited license under the terms and provisions of the compact.

(b) A physician who does not meet the requirements of Section 2(k) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.

SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

(1) The state of principal residence for the physician, or

(2) The state where at least twenty-five percent of the practice of medicine occurs, or

(3) The location of the physician's employer, or

(4) If no state qualifies under subsection (1), subsection (2), or subsection (3), the state designated as state of residence for purpose of federal income tax.

(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements of subsection (a).

(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

(a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the interstate commission.

(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.

(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.

(c) Upon verification in subsection (b), physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to subsection (a), including the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

(f) An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without redesignation of a new state of principal licensure.

(g) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

SECTION 6. FEES FOR EXPEDITED LICENSURE

(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.

(b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.

SECTION 7. RENEWAL AND CONTINUED PARTICIPATION

(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:

(1) Maintains a full and unrestricted license in a state of principal license;

(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license; and

(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.

(c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

(d) Upon receipt of any renewal fees collected in subsection (c), a member board shall renew the physician's license.

(e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.

(f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.

SECTION 8. COORDINATED INFORMATION SYSTEM

(a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under Section 5.

(b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.

(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.

(d) Member boards may report any non-public complaint, disciplinary, or investigatory information not required by subsection (c) to the interstate commission.

(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

(f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

(g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

SECTION 9. JOINT INVESTIGATIONS

(a) Licensure and disciplinary records of physicians are deemed investigative.

(b) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(c) A subpoena issued by a member state shall be enforceable in other member states.

(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

SECTION 10. DISCIPLINARY ACTIONS

(a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.

(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.

(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:

(1) Impose the same or lesser sanction(s) against the physician so long as such sanctions are consistent with the medical practice act of that state; or

(2) Pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any other member board(s) shall be suspended, automatically and immediately without further action necessary by the other member board(s), for ninety days upon entry of the order by the disciplining board, to permit the member board(s) to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety day suspension period in a manner consistent with the medical practice act of that state.

SECTION 11. INTERSTATE MEDICAL LICENSURE

COMPACT COMMISSION

(a) The member states hereby create the "Interstate Medical Licensure Compact Commission".

(b) The purpose of the interstate commission is the administration of the interstate medical licensure compact, which is a discretionary state function.

(c) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.

(d) The interstate commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be a(n):

(1) Allopathic or osteopathic physician appointed to a member board;

(2) Executive director, executive secretary, or similar executive of a member board; or

(3) Member of the public appointed to a member board.

(e) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(f) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

(g) Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d).

(h) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:

(1) Relate solely to the internal personnel practice and procedures of the interstate commission;

(2) Discuss matters specifically exempted from disclosure by federal statute;

(3) Discuss trade secrets, commercial, or financial information that is privileged or confidential;

(4) Involve accusing a person of a crime, or formally censuring a person;

(5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Discuss investigative records compiled for law enforcement purposes; or

(7) Specifically relate to the participation in a civil action or other legal proceeding.

(i) The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

(j) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.

(k) The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.

(l) The interstate commission shall establish other committees for governance and administration of the compact.

SECTION 12. POWERS AND DUTIES OF THE

INTERSTATE COMMISSION

(a) Oversee and maintain the administration of the compact;

(b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact;

(c) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;

(d) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

(e) Establish and appoint committees including, but not limited to, an executive committee as required by Section 11, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;

(f) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the interstate commission;

(g) Establish and maintain one or more offices;

(h) Borrow, accept, hire, or contract for services of personnel;

(i) Purchase and maintain insurance and bonds;

(j) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;

(k) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

(l) Accept donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the interstate commission;

(m) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;

(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(o) Establish a budget and make expenditures;

(p) Adopt a seal and bylaws governing the management and operation of the interstate commission;

(q) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission;

(r) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation;

(s) Maintain records in accordance with the bylaws;

(t) Seek and obtain trademarks, copyrights, and patents; and

(u) Perform such functions as may be necessary or appropriate to achieve the purpose of the compact.

SECTION 13. FINANCE POWERS

(a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.

(b) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

(c) The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

(d) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed accountant and the report of the audit shall be included in the annual report of the interstate commission.

SECTION 14. ORGANIZATION AND OPERATION OF

THE INTERSTATE COMMISSION

(a) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within twelve months of the first interstate commission meeting.

(b) The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission.

(c) Officers selected in subsection (b) shall serve without remuneration for the interstate commission.

(d) The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the gross negligence or intentional or willful and wanton misconduct of such person.

(e) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purpose of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the gross negligence or intentional or willful and wanton misconduct of such person.

(f) The interstate commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional or willful and wanton misconduct on the part of such person.

(g) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgement, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of the interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

SECTION 15. RULEMAKING FUNCTIONS OF

THE INTERSTATE COMMISSION

(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.

(b) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act" of 2010, and subsequent amendments thereto.

(c) Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.

SECTION 16. OVERSIGHT OF INTERSTATE COMPACT

(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.

(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities or actions of the interstate commission.

(c) The interstate commission shall be entitled to receive all services of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.

SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT

(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.

(b) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States Court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.

(c) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or regulation of a profession.

SECTION 18. DEFAULT PROCEDURES

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact.

(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall:

(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and

(2) Provide remedial training and specific technical assistance regarding the default.

(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

(e) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.

(f) The member state which has been terminated is responsible for all due, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.

(g) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.

(h) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.

SECTION 19. DISPUTE RESOLUTION

(a) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states or member boards.

(b) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.

SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

(a) Any state is eligible to become a member of the compact.

(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.

(c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the interstate commission on a non-voting basis prior to adoption of the compact by all states.

(d) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

SECTION 21. WITHDRAWAL

(a) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.

(d) The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty days of its receipt of notice provided under subsection (c).

(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing date reenacting the compact or upon such later date as determined by the interstate commission.

(g) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.

SECTION 22. DISSOLUTION

(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership of the compact to one member state.

(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded, and surplus funds shall be distributed in accordance with the bylaws.

SECTION 23. SEVERABILITY AND CONSTRUCTION

(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of the compact shall be liberally construed to effectuate its purposes.

(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the member states are members.

SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.

(c) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.

(d) All agreements between the interstate commission and the member states are binding in accordance with their terms.

(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Acts 2020, 2 nd Ex. Sess., No. 35, §1, eff. July 1, 2021.
La. Rev. Stat. § 37:2461 — LA Code / Code revised-statutes / Title 37 / Section 2461
Violations and penalties; injunction
Status: in_force

A. Violation of any provision of this Chapter is a misdemeanor punishable upon conviction by imprisonment for not more than six months or by fine of not less than two hundred fifty dollars nor more than twenty-five thousand dollars, or by both such fine and imprisonment. Each violation shall be deemed a separate offense.

B. The board may impose any provision of this Chapter by injunction or by any other appropriate proceeding. No such proceeding shall be barred by any proceeding had or pending pursuant to R.S. 37:2454, or by the imposition of any fine or term of imprisonment pursuant thereto.

Acts 1968, No. 302, §21, eff. Jan. 1, 1969; Acts 2005, No. 261, §1.
La. Rev. Stat. § 37:616 — LA Code / Code revised-statutes / Title 37 / Section 616
Issuance of certificate
Status: in_force

If the requirements of R.S. 37:613 or 617 are met to the satisfaction of the board, the board shall issue to the applicant a certificate to practice podiatry. A certificate issued by the board shall reflect an applicant's practice prerogatives based upon the applicant's education or level of training, or both.

Acts 1970, No. 585, §1. Amended by Acts 1980, No. 421, §1; Acts 2007, No. 204, §1, eff. June 27, 2007.
La. Rev. Stat. § 37:3181 — LA Code / Code revised-statutes / Title 37 / Section 3181
Board; power to revoke, rescind or suspend certificates of registration
Status: in_force

A. The board may revoke, rescind, or suspend the certificate of registration of any interior designer after a hearing by and under the rules of the board and finding that the interior designer is in the opinion of the board guilty of any of the following:

(1) Gross incompetence, dishonesty, or gross negligence in the practice of interior design.

(2) Affixing his seal or stamp or name to any specification, drawing, or other related document which was not prepared by him or under his responsible supervision and control, or permitting his seal, stamp, or name to be affixed to any such document.

(3) Conviction of a felony, in which case the record of conviction is conclusive evidence of such conviction.

(4) Willfully misleading or defrauding any person employing him as an interior designer.

(5) Willfully violating the provisions of this Chapter or any lawful rule or regulation adopted by the board pursuant to law.

(6) Attempting to obtain, obtaining, or renewing, by bribery, by fraudulent misrepresentation, or through an error of the board, a certificate of registration to practice interior design.

(7) Having a certificate of registration to practice interior design revoked, suspended, or otherwise acted against, including the denial of licensure or registration, by the licensing or registering authority of another jurisdiction for any act which would constitute a violation of this Chapter.

(8) Being convicted or found guilty of a crime in any jurisdiction which directly relates to the provision of interior design services or to the ability to provide interior design services. A plea of nolo contendere shall create a rebuttable presumption of guilt to the underlying criminal charge. However, the board shall allow the person being disciplined to present any evidence relevant to the underlying charge and the circumstances surrounding such plea.

(9) False, deceptive, or misleading advertising.

(10) Aiding, assisting, procuring, or advising any unregistered person to use the title "registered interior designer" or to practice interior design contrary to this Chapter or to a rule of the board.

(11) Failing to perform any statutory or legal obligation placed upon a registered interior designer.

(12)(a)(i) Making or filing a report which the registrant knows to be false;

(ii) Intentionally or negligently failing to file a report or record required by state or federal law; or

(iii) Willfully impeding or obstructing such filing or inducing another person to do so.

(b) Such reports or records shall include only those which are signed in the capacity as an interior designer.

(13) Making deceptive, untrue, or fraudulent representations in the provision of interior design services.

(14) Accepting and performing professional responsibilities which the registrant knows or has reason to know that he is not competent or registered to perform.

(15) Rendering or offering to render architectural services.

B. Proceedings to revoke, rescind, or suspend the registration of an interior designer shall commence by any person filing a sworn affidavit with the board against the interior designer. A time and place for the hearing of the charges shall be fixed by the board. The board, upon its own motion, may investigate the actions of any interior designer and file a complaint against him.

C. A copy of the complaint shall be sent by the board to the interior designer against whom a complaint has been filed at his last known address by registered and certified mail at least twenty days prior to the hearing together with a notice of the time and place of the meeting of the board at which the complaint shall be heard.

D. At the hearing the interior designer against whom a complaint has been filed shall have the right to cross-examine witnesses against him, to produce witnesses in his defense, and to appear personally or by counsel.

E. No action shall be taken to rescind, revoke, or suspend the certificate of registration of any interior designer unless a quorum of the board is present at the hearing and then only by an affirmative vote of at least four of the members of the board present.

F. If the board determines upon the suspension of the certificate of registration of any interior designer, it shall fix the duration of the period of the suspension.

G. If the board revokes, rescinds, or suspends the certificate of registration of any interior designer, the secretary of the board shall give written notice of its action by registered or certified mail to the person against whom the complaint was filed at the last known address.

H. Any interior designer who has been found guilty by the board of the charges filed against him and whose certificate of registration has been revoked, rescinded, or suspended, shall have the right to appeal to the district court of the parish in which the hearing was held. The appeal shall be governed by the Administrative Procedure Act.

I. The board shall have the power to issue a new certificate of registration, change a revocation to a suspension, or shorten the period of suspension, upon satisfactory evidence that proper reasons for such action exist, presented by any person whose certificate of registration as an interior designer has been revoked, rescinded or suspended. Any person whose registration has been suspended shall have his certificate of registration automatically reinstated by the board at the end of his period of suspension upon payment of the renewal fee. No delinquent fee shall be charged for reinstatement of registration under the provisions of this Chapter.

Acts 1990, No. 846, §1; Acts 1995, No. 496, §1; Acts 1997, No. 877, §1; Acts 1999, No. 426, §1.
La. Rev. Stat. § 37:3651 — LA Code / Code revised-statutes / Title 37 / Section 3651
Licensure for individuals with military training and experience; licensure by endorsement for military spouses and dependents
Status: in_force

A. Notwithstanding any other provision of law to the contrary, a professional or occupational licensing board shall issue a license, certification, permit pending normal license, or registration to a member of the military, including United States Department of Defense civilian employees who have been assigned to duty in Louisiana, or an applicant who is married to or is a dependent of a member of the military or a United States Department of Defense civilian employee, if the member or United States Department of Defense civilian receives military orders for a change of station to a military installation or assignment located in this state or if the member or United States Department of Defense civilian has established this state as his state of legal residence as reflected in the member's or United States Department of Defense civilian's military record if, upon application to the board, the applicant satisfies all of the following conditions:

(1) The applicant holds a current and valid occupational license in another state in an occupation with a similar scope of practice, as determined by the board in this state.

(2) The applicant has held the occupational license in the other state for at least one year.

(3) The applicant has passed any examinations, or met any education, training, or experience standards as required by the board in the other state.

(4) The applicant is held in good standing by the board in the other state.

(5) The applicant does not have a disqualifying criminal record as determined by the board in this state under the laws of this state.

(6) The applicant has not had an occupational license revoked by a board in another state because of negligence or intentional misconduct related to the applicant's work in the occupation.

(7) The applicant did not surrender an occupational license because of negligence or intentional misconduct related to the person's work in the occupation in another state.

(8) The applicant does not have a complaint, allegation, or investigation pending before a board in another state which relates to unprofessional conduct or an alleged crime. If the applicant has a complaint, allegation, or investigation pending, the board in this state shall not issue or deny an occupational license to the applicant until the complaint, allegation, or investigation is resolved, or the applicant otherwise satisfies the criteria for licensure in this state to the satisfaction of the board in this state.

(9) The applicant pays all applicable fees in this state.

(10) The applicant simultaneously applies for a permanent license; if the applicant fails to qualify for a permanent license as determined by the occupational or licensing board once the permanent application is vetted, the permit automatically terminates.

B. Notwithstanding any other provision of law, a professional or occupational licensing board shall issue an occupational license, permit pending normal license, or government certification to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military or United States Department of Defense civilian employee who has been assigned duty in Louisiana, upon application based on work experience in another state, if all of the following apply:

(1) The applicant worked in a state that does not use an occupational license or government certification to regulate a lawful occupation, but this state uses an occupational license or government certification to regulate a lawful occupation with a similar scope of practice, as determined by the board in this state.

(2) The applicant worked for at least three years in the lawful occupation.

(3) The applicant satisfies the requirements of Paragraphs (A)(6) through (10) of this Section.

C. Notwithstanding any other provision of law, a professional or occupational licensing board shall issue an occupational license, permit pending normal license, or government certification to an applicant who is a member of the military or a United States Department of Defense civilian employee who has been assigned duty in Louisiana, or an applicant who is married to or is a dependent of a member of the military or a United States Department of Defense civilian employee, based on holding a private certification and work experience in another state, if all of the following apply:

(1) The applicant worked in a state that does not use an occupational license or government certification to regulate a lawful occupation, but this state uses an occupational license or government certification to regulate a lawful occupation with a similar scope of practice, as determined by the board in this state.

(2) The applicant worked for at least two years in the lawful occupation.

(3) The applicant holds a current and valid private certification in the lawful occupation.

(4) The private certification organization holds the applicant in good standing.

(5) The applicant satisfies the requirements of Paragraphs (A)(6) through (10) of this Section.

D. Notwithstanding any other law, the education, training, or experience requirements for an occupational license issued pursuant to this Title are completely or partially satisfied, as determined by the regulating occupational licensing board on presentation of satisfactory evidence that the applicant received comparable education, training, or experience as a member of the United States armed forces or any national guard or other reserve component.

E. The board may require a person to pass a jurisprudential examination specific to relevant state laws that regulate the occupation if an occupational license or government certification in this state requires a person to pass a jurisprudential examination specific to relevant state statutes and administrative rules that regulate the occupation.

F. The board will provide the applicant with a written decision regarding the application for an occupational license within thirty calendar days after receiving an application.

G.(1) The applicant may appeal any of the following decisions made by the board, in a court of general jurisdiction:

(a) Denial of an occupational license.

(b) Determination of the occupation.

(c) Determination of the similarity of the scope of practice of the occupational license issued.

(d) Any other determinations made pursuant to this Section.

(2) The court shall determine all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by a board, without regard to any previous determination that may have been made on the question in any action before the board.

H. A person who obtains a permit pending normal license, occupational license, or government certification pursuant to this Section is subject to all of the following:

(1) The laws regulating the occupation in this state.

(2) The jurisdiction of the board in this state.

I. This Section does not apply to an occupation regulated by the state supreme court.

J. This Section preempts laws by township, municipal, county and other governments in the state which regulate occupational licenses and government certification.

K. A professional or occupational licensing board shall adopt rules in accordance with the Administrative Procedure Act necessary to implement the provisions of this Section.

L. Nothing in this Section shall be construed to prohibit a military-trained applicant or military spouse or spouse of a United States Department of Defense civilian employee who has been assigned to duty in Louisiana from proceeding under the existing licensure, certification, or registration requirements established by a professional or occupational licensing board in this state.

M. For the purposes of this Section, "professional or occupational licensing board" shall mean any state agency, board, commission, or substantially similar entity, involved in the licensing, certification, or registration of any regulated profession or occupation within this state.

N. For the purposes of this Section, "military" means the armed forces or reserves of the United States, including the Army, Navy, Marine Corps, Coast Guard, Air Force, Space Force, and the reserve components thereof, the National Guard of any state, the Military Reserves of any state, or the naval militia of any state.

O. For the purposes of this Section, "dependent" means a resident spouse or resident unmarried child under the age of twenty-one years, a child who is a student under the age of twenty-four years and who is financially dependent upon the parent, or a child of any age who is disabled and dependent upon the parent.

P. The provisions of this Section shall not apply to any applicant receiving a dishonorable discharge or a military spouse whose spouse received a dishonorable discharge.

Q. The provisions of this Section shall not apply to a license issued and regulated under the authority of the judicial branch of government, to any person covered under the Nurse Licensure Compact, or to any person that obtains licensure or registration on a nationwide licensing or registry system.

Acts 2012, No. 276, §1; Acts 2016, No. 616, §1; Acts 2020, No. 200, §1, eff. Jan. 1, 2021; Acts 2025, No. 137, §5.
La. Rev. Stat. § 37:2109 — LA Code / Code revised-statutes / Title 37 / Section 2109
Exemption from examination and fees
Status: in_force

Sanitarians who submit satisfactory proof to the board that they are registered as sanitarians or are practicing as such in the state of Louisiana, if they apply on or before January 15, 1955, shall be issued licenses without being required to take the board's written or oral examinations and shall also be exempt from payment of any examination fee or initial license fee.

Added by Acts 1954, No. 371, §9.
La. Rev. Stat. § 37:1513 — LA Code / Code revised-statutes / Title 37 / Section 1513
Definitions
Status: in_force

When used in this Chapter these words and phrases shall be defined as follows:

(1) "Animal" means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead.

(2) "Board" means the Louisiana Board of Veterinary Medicine.

(3) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state.

(4) "Person" means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person.

(5) "Practice of veterinary medicine" means:

(a) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drug, medicine, biologic apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the above.

(b) To represent, directly or indirectly, publicly or privately an ability and willingness to do any act described in Subparagraph (a) of this Paragraph.

(c) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in Subparagraph (a) of this Paragraph, except where such person is a veterinarian.

(6) "School of veterinary medicine" means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board.

(7) "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine.

(8) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.

Acts 1966, No. 35, §1, eff. July 1, 1967; Acts 2018, No. 206, §7.
La. Rev. Stat. § 37:3105 — LA Code / Code revised-statutes / Title 37 / Section 3105
Auction regulations generally
Status: in_force

A. No person, firm, auction house, or corporation, or combination thereof shall sell, dispose of, or offer for sale at public auction or cause or permit to be sold, disposed of, or offered for sale at any public auction any property of whatsoever nature unless said auction is conducted by a duly licensed auctioneer and if such sale takes place at an auction house, by a duly licensed auction house, if the owner of the auction house is not a licensed auctioneer.

B. Notwithstanding any other provision of law to the contrary, a person, firm or corporation, or combination thereof, may sell, dispose of, or offer for sale at any public auction any property of whatever nature without the necessity of any other license, provided that the auction is conducted by a person who is a duly licensed Louisiana auctioneer or Louisiana livestock auctioneer or Louisiana apprentice auctioneer working under the supervision of a Louisiana licensed auctioneer, whichever is applicable, or otherwise meets the exceptions in accordance with the provisions of this Chapter.

C. Auction houses which conduct business solely through internet-based platforms are not required to employ a licensed auctioneer to call the auction. Any live, real-time, or simulcast auction is required to employ a licensed auctioneer to call the live, real-time, or simulcast auction.

D. Auction houses which conduct any auction through an internet-based platform are responsible for the actions of that platform and its employees or agents in the conduct of that auction.

Added by Acts 1983, No. 508, §5. Acts 1986, No. 564, §1, eff. July 2, 1986; Acts 1993, No. 584, §1; Acts 1997, No. 923, §1; Acts 2020, No. 327, §1, eff. Jan. 1, 2021.
La. Rev. Stat. § 37:562 — LA Code / Code revised-statutes / Title 37 / Section 562
Legislative findings; purpose; intent
Status: in_force

A. The legislature finds that the practice of cosmetology by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of the state of Louisiana. The legislature further finds it to be a matter of public interest and concern that only qualified persons be permitted to engage in the practice of cosmetology.

B. The legislature hereby declares the purpose of this Chapter is to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of cosmetology.

C. The licensure of all persons who perform cosmetology, the licensure of all facilities where cosmetology is taught within the state, the licensure of all facilities where cosmetology services are offered within the state, and the licensure of all persons who supervise individuals performing cosmetology within the state are declared to be necessary to ensure that only qualified persons be permitted to engage in the practice of cosmetology at facilities meeting appropriate standards.

D. This Chapter and the rules and regulations adopted pursuant to authority granted by this Chapter shall be liberally construed to carry out these objectives and purposes.

Acts 2001, No. 907, §2, eff. June 26, 2001.