La. Rev. Stat. § 37:1284 — LA Code / Code revised-statutes / Title 37 / Section 1284
Provisions relative to unlicensed physicians
Status: in_force

Unlicensed physicians shall not be permitted to collect any fees or charges for services rendered, or be allowed to testify as a medical expert in any court, or execute public or legal documents as a physician, or hold any medical office, or be recognized by the state or parish or municipal corporation as a physician, or be entitled to enjoy any of the privileges, rights, or exemptions granted to physicians by the laws of this state.

Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
La. Rev. Stat. § 37:1968 — LA Code / Code revised-statutes / Title 37 / Section 1968
Photographic and other records; exceptions
Status: in_force

A. In addition to the information required in R.S. 37:1967, every operator shall be required to obtain a photograph of a person selling or delivering scrap metal to the facility. The quality of such photograph shall be sufficient to readily identify the person depicted. In lieu of the photograph of the person selling or delivering the scrap metal, the operator may obtain either a thumbprint of such person, the quality of which thumbprint shall be sufficient to identify the person, or a photocopy of the person's Louisiana driver's license, driver's license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. Each photograph, thumbprint, or photocopy, as the case may be, shall be cross-referenced with the ledger entry required by R.S. 37:1967. The photograph, thumbprint, or photocopy shall be preserved for a period of at least a year. Photographs shall be made available to the law enforcement agency within twenty-four hours after the request.

B. In addition to the information required in R.S. 37:1967, every operator shall be required to obtain a photograph of all scrap metal purchased. The quality of the photograph shall be sufficient to readily identify each type of scrap metal depicted. The operator shall obtain multiple photographs if necessary to properly record the scrap metal purchased. Each photograph shall be cross-referenced with the ledger entry required by R.S. 37:1967 and shall be preserved for a period of at least one year. Photographs shall be made available to law enforcement within twenty-four hours after a request.

Acts 2012, No. 827, §1, eff. June 14, 2012.
La. Rev. Stat. § 37:1477 — LA Code / Code revised-statutes / Title 37 / Section 1477
Qualifications for licensure; application; fees
Status: in_force

A. The board shall, by rule, establish minimum qualifications for licensing. Applications for licenses and for renewal licenses shall be made in writing to the board on forms provided by the board.

B. The board may charge and collect fees not in excess of the following:

(1) Application for license $200.00

(2) License renewal $100.00

(3) Delinquent renewal $100.00

(4) Initial qualifying/continuing education provider $200.00

(5) Annual renewal for education provider $200.00

(6) Filing for additional course offerings $50.00

(7) Inspection report $5.00

(8) Credit card service fees not to exceed the amount charged to the board by the financial institution.

C. An applicant for licensure as a home inspector shall meet the following requirements:

(1) Attainment of eighteen years of age.

(2) Successful completion of high school or its equivalent.

(3) Passage of the required examination.

(4) Payment of the appropriate fees.

(5) Submission of a license application as prescribed by the board.

(6) Submission of a criminal background request form to the office of state police.

D. Beginning July 1, 2001, any person filing an initial application for licensure shall present evidence to the board that he has satisfactorily completed at least one hundred twenty hours of instruction. At least thirty, but not more than forty, of the required hours shall be obtained in course work containing actual practical home inspections. The remainder of the instruction must be classroom hours in home inspection classwork approved by the board. Satisfactory completion includes attendance of specified hours and passage of an examination on course contents.

Acts 1999, No. 61, §2; Acts 2017, No. 328, §1.
La. Rev. Stat. § 37:3256 — LA Code / Code revised-statutes / Title 37 / Section 3256
Penalties
Status: in_force

Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. For each subsequent offense, the violator shall be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Acts 1988, No. 701, §2.
La. Rev. Stat. § 37:1904 — LA Code / Code revised-statutes / Title 37 / Section 1904
Deposits subject to claims; garnishment proceedings; remittance of balance of cash deposit
Status: in_force

Deposits made with such president of the parish governing authority shall be subject to claims of creditors and claims for local license fees on behalf of the city, village or township in all cases where a judgment has been obtained against the transient merchant in any court in this state and the time for appealing such judgment has expired.

In such cases garnishment proceedings may be commenced in such court against the president of the governing authority, who shall thereupon remit to the court any balance of the cash deposit remaining in his hands not exceeding the amount of the judgment, for the purpose of satisfying the same.

Any balance remaining in the hands of the president of the governing authority four months after the expiration of the license shall be remitted to the transient merchant; but if, at such date, the president has received notice of any suit then pending against the transient merchant, the deposit shall not be returned until sixty days after the termination of the suit.
La. Rev. Stat. § 37:626 — LA Code / Code revised-statutes / Title 37 / Section 626
Persons exempt
Status: in_force

This Chapter does not apply to:

(1) Commissioned medical or surgical officers of the United States Army, Navy, or United States Public Health Service Hospital when in the actual performance of their official duties;

(2) Physicians duly registered under the state medical laws.

Acts 1970, No. 585, §1.
La. Rev. Stat. § 37:1570 — LA Code / Code revised-statutes / Title 37 / Section 1570
Waiver of liability
Status: in_force

No veterinarian shall be liable for any act or omission of a registered equine dentist.

Acts 1999, No. 980, §1, eff. July 9, 1999.
La. Rev. Stat. § 37:1019 — LA Code / Code revised-statutes / Title 37 / Section 1019
Nurse Licensure Compact Administrator
Status: in_force

A. The nurse licensure compact administrator for this state shall be appointed by the governor to serve as the single state designee on the Interstate Commission of Nurse Licensure Compact Administrators.

B. The administrator shall be a current board member or the executive director of the Louisiana State Board of Nursing for two years beginning in the year of enactment of this Part and shall rotate every two years thereafter with an appointment of a current board member or the executive director of the Louisiana State Board of Practical Nurse Examiners.

Acts 2018, No. 577, §1, eff. May 31, 2018.
La. Rev. Stat. § 37:2510 — LA Code / Code revised-statutes / Title 37 / Section 2510
Disciplinary proceedings
Status: in_force

A. The license of any nursing facility administrator or the license of a temporary nursing facility administrator, may be revoked or suspended, or such licensee may be reprimanded, censured, or otherwise disciplined in accordance with the provisions of this Section and pursuant to the rules and regulations of the board.

B. The board shall have jurisdiction to hear all charges brought under the provisions of this Section against persons licensed and registered as nursing facility administrators, or licensed as temporary nursing facility administrators and upon such hearings shall determine such charges upon their merits. If the board determines that such person is guilty of the charges, the board may revoke the license or suspend from practice, or reprimand, censure, or otherwise discipline such licensee.

C. Proceedings under this Section shall begin by the filing of a complaint with the board. Such complaint may be preferred by any person, corporation, association, or by the board*. If indicated, the board shall initiate an investigation of such charges and, if indicated, may designate a hearing committee, or other qualified person as a hearing officer, to hear the charges and to report to the board thereon.

D. At such hearing the licensee shall have the right to appear either personally or by counsel or both, to produce witnesses and evidence, to cross-examine witnesses, and to have subpoenas issued by the hearing committee or the hearing officer. The hearing committee or the hearing officer shall make a written report to the board of the findings and recommendations which shall be considered by the board in arriving at its determination.

E. Members of the hearing committee or the hearing officer shall exercise any of the powers provided herein as may be necessary for the proper conduct of the hearing.

Added by Acts 1969, No. 131, §10; Acts 1985, No. 933, §1; Acts 1992, No. 241, §1, eff. June 10, 1992; Acts 1999, No. 546, §1, eff. July 1, 1999; Acts 2003, No. 210, §1.

*As appears in enrolled bill.
La. Rev. Stat. § 37:916 — LA Code / Code revised-statutes / Title 37 / Section 916
Qualifications of board members
Status: in_force

A.(1) Each registered nurse and advanced practice registered nurse member of the board shall possess all of the following qualifications:

(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.

(b) Holds a current, unencumbered, unrestricted, Louisiana license to practice as a registered nurse.

(c) Has at least three years of experience in a field of nursing practice.

(d) Is actively engaged in the practice of nursing as a registered nurse at the time of appointment.

(2) In addition to the qualifications provided in Paragraph (1) of this Subsection, at least two registered nurse members of the board shall have a minimum of a bachelor of science degree in nursing.

B.(1) Each consumer member of the board shall possess all of the following qualifications:

(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.

(b) Has attained the age of majority.

(c) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).

(d) Has never been convicted of a felony.

(e) Does not have and has never had a material financial interest in the healthcare profession.

(2) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.

Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2016, No. 598, §1; Acts 2018, No. 515, §2.
La. Rev. Stat. § 37:214 — LA Code / Code revised-statutes / Title 37 / Section 214
Visiting attorneys of other states; reciprocity
Status: in_force

Except as provided in this Section, no person licensed or qualified to practice as an attorney at law or as an attorney and counsellor at law in any other state and temporarily present in this state shall practice law in this state, unless he has been first duly licensed to practice law by the supreme court of this state or unless he acts in association with some attorney duly licensed to practice law by the supreme court of this state.

Nothing in this Chapter prevents the practice of law in this state by a visiting attorney from a state which, either by statute or by some rule of practice accorded specific recognition by the highest court of that state, has adopted a rule of reciprocity that permits an attorney duly licensed and qualified to practice law in this state to appear alone as an attorney in all courts of record in the other state, without being required to be admitted to practice in such other state, and without being required to associate with himself some attorney admitted to practice in the other state.

Whoever violates any provision of this Section shall be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
La. Rev. Stat. § 37:1360.31 — LA Code / Code revised-statutes / Title 37 / Section 1360.31
Services performed by physician assistants
Status: in_force

A.(1) A physician assistant performs medical services when such services are rendered under the supervision of a supervising physician. A physician assistant may perform those duties and responsibilities that are delegated to him by his supervising physician. A physician assistant is considered to be and is deemed the agent of his supervising physician in the performance of all practice-related activities, including but not limited to assisting in surgery and the ordering and interpretation of diagnostic and other medical services. The level and method of supervision shall be at the physician and physician assistant level, shall be documented and reviewed annually, and shall reflect the acuity of the patient care and the nature of a procedure. A physician assistant shall not practice without supervision except in life-threatening emergencies and in emergency situations such as man-made and natural disaster relief efforts.

(2) A physician assistant may inject local anesthetic agents subcutaneously, including digital blocks or apply topical anesthetic agents when delegated to do so by a supervising physician. However, nothing in this Part shall otherwise permit a physician assistant to administer local anesthetics perineurally, pericurally, epidurally, intrathecally, or intravenously unless such physician assistant is a certified registered nurse anesthetist and meets the requirements in R.S. 37:930.

B. The practice of a physician assistant shall include the performance of medical services within the scope of his education, training, and experience, which are delegated by the supervising physician.

C.(1) A physician assistant may prescribe, order, and administer drugs to the extent delegated by the supervising physician except as provided pursuant to R.S. 37:930 relative to anesthetics. Drugs which may be prescribed, ordered, and administered by a physician assistant or a health care professional licensed pursuant to Chapter 12 of this Title are those listed in Schedules II, III, IV, and V of R.S. 40:964 and legend drugs, which are defined as any drug or drug product bearing on the label of the manufacturer or distributor, as required by the Food and Drug Administration, the statement "Caution: Federal law prohibits dispensing without a prescription". A physician assistant authorized to prescribe controlled substances shall register with the United States Drug Enforcement Administration.

(2)(a) A physician assistant shall meet all of the following qualifications to be eligible to apply for prescriptive authority:

(i) Have completed a minimum of five hundred clinical training hours prior to graduation from an approved physician assistant educational program.

(ii) Hold a current license issued by the Louisiana State Board of Medical Examiners.

(iii) Be authorized to prescribe as delegated by the supervising physician.

(iv) Apply for a controlled dangerous substance license from the Louisiana Board of Pharmacy and register with the United States Drug Enforcement Agency, if delegated authority to prescribe Schedule II, III, IV, or V drugs by the supervising physician.

(b) The board shall not impose any qualifications for a physician assistant's prescriptive authority, in addition to those set forth in this Paragraph, through administrative rulemaking.

(3) A physician assistant may request, receive, and sign for sample drugs and may distribute sample drugs to a patient.

(4) A physician assistant may provide medication-assisted treatment (MAT), as authorized by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration and in accordance with rules promulgated by the board. At a minimum, rules promulgated by the board shall include a requirement that in order for the physician assistant to provide MAT, his supervising physician shall also be authorized and in compliance with all federal and state laws and rules authorizing the provision of MAT. For purposes of this Paragraph, "MAT" means the use of medications with counseling and behavioral therapies to treat substance use disorders and prevent opioid overdose.

D. The activities listed in this Section may be performed in any setting authorized by the supervising physician including but not limited to clinics, hospitals, ambulatory surgical centers, patient homes, nursing homes, other institutional settings, and health manpower shortage areas.

Acts 1993, No. 662, §1, eff. June 16, 1993; Acts 1995, No. 879, §1; Acts 1997, No. 316, §1; Acts 2004, No. 10, §1; Acts 2015, No. 453, §1, eff. July 1, 2015; Acts 2018, No. 475, §1; Acts 2019, No. 276, §1; Acts 2019, No. 414, §1; Acts 2022, No. 271, §2.
La. Rev. Stat. § 37:711.21 — LA Code / Code revised-statutes / Title 37 / Section 711.21
Continuing professional development for professional geoscientists
Status: in_force

Professional geoscientists may, by rule of the board, adopted in accordance with the Administrative Procedure Act, be required to earn annually up to fifteen hours of board-approved continuing professional development.

Acts 2010, No. 974, §1, eff. Jan. 1, 2011.
La. Rev. Stat. § 37:2412 — LA Code / Code revised-statutes / Title 37 / Section 2412
License reciprocity
Status: in_force

In its discretion, the board may waive examination, and may license an applicant who is licensed and in good standing under the laws of another state, territory, or district, if the requirements for licensing of physical therapists or physical therapist assistants were, at the date of licensing therein, substantially equal to the requirements then or subsequently in force in Louisiana, and if the state, territory, or district from whence the applicant comes accords a similar licensing privilege without examination to licensees under this Chapter.

Acts 2009, No. 535, §4, eff. Jan. 1, 2010.
La. Rev. Stat. § 37:90 — LA Code / Code revised-statutes / Title 37 / Section 90
Accounting documents sent out of state by the insurance commissioner
Status: in_force

A. Any document generated by a licensee in the course of an engagement which is sent outside this state by the commissioner of insurance and which is disclosed to an entity of another state, the federal government, or another country pursuant to R.S. 22:1983(I)(2), or any other statute or grant of authority, shall be held confidential by that entity and shall not be divulged to any third party.

B. Notwithstanding any other provision of law to the contrary, any lawsuit arising out of or predicated on documents or the content of documents generated by a licensee in the course of an engagement and sent outside this state by the commissioner of insurance pursuant to R.S. 22:1983(I)(2), or any other statute or grant of authority, shall be governed by the prescriptive and preemptive provisions of R.S. 9:5604.

C. The term "document" is used in this Section as it is encompassed in Code of Civil Procedure Article 1461.

Acts 1992, No. 294, §2, eff. June 17, 1992; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 37:3072 — LA Code / Code revised-statutes / Title 37 / Section 3072
Fees
Status: in_force

A. The board shall fix and collect uniform fees which shall not exceed the following amounts for each type of fee and which shall not be refundable:

(1)

Application fee for license to practice electrology

$

200.00

(2)

Issuance of duplicate of certificate of license

$

25.00

(3)

Application fee for license of electrology school

(each location)

$

500.00

(4)

Application for certificate of annual renewal of

license to practice electrology

$

100.00

(5)

Application for certificate of annual renewal of

license of an electrologist school (each location)

$

300.00

(6)

Delinquency fee

$

50.00

(7)

Application fee for license of electrologist

apprenticeship program (each location)

$

200.00

(8)

Application fee for certificate of annual renewal of

electrologist apprenticeship program (each program)

$

100.00

(9)

Application fee for instructor's license

$

150.00

(10)

Application fee for certificate of annual renewal

of instructor's license

$

100.00

(11)

Re-testing fee

$

15.00

B. All fees received by the board and all fines collected under the provisions of this Chapter shall be transmitted to the state treasurer, who shall place them in a special fund to the credit of the State Board of Electrolysis Examiners. The board shall have authority to expend the moneys in said fund for the operating expenses of the board and for other expenses incurred in the administration and enforcement of this Chapter.

Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1983, No. 605, §1; Acts 1993, No. 819, §1.
La. Rev. Stat. § 37:2504 — LA Code / Code revised-statutes / Title 37 / Section 2504
Functions and duties of the board
Status: in_force

A. It shall be the function and duty of the board to:

(1) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing facility administrator, which standards shall be designed to ensure that nursing facility administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing facility administrators.

(2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards.

(3) Issue licenses and registration certificates to individuals who meet board standards.

(4) Suspend and revoke licenses when a licensee has failed to practice according to the rules and regulations of the board.

(5) Establish procedures designed to ensure that individuals licensed as nursing facility administrators will, during any period that they serve as such, comply with the requirements of the board.

(6) Receive, investigate, and take appropriate action on any charge or complaint filed with or initiated by the board to the effect that any licensed nursing facility administrator has failed to comply with the requirements of the board.

(7) Conduct studies of nursing facilities and administrators of nursing facilities within the state with a view to the improvement of the rules and regulations of the board imposed for the licensing of such administrators and of procedures and methods for the enforcement of such rules and regulations.

B. The board or any committee or member thereof or any hearing officer designated by such board, acting in official capacity, may issue subpoenas, compel the attendance of witnesses, administer oaths, and take testimony concerning all matters within the jurisdiction of the board. The board shall not be bound by the strict rules of evidence in the conduct of its proceedings.

C. The board shall promulgate rules and regulations, not inconsistent with law, as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in federal rules and regulations.

D. The board may maintain the Certified Nurse Aide Registry and the Direct Service Worker Registry through an interagency agreement with the Louisiana Department of Health in accordance with applicable state and federal regulations.

E. The board is authorized to issue certificates or certification cards, which indicate registration status on the Certified Nurse Aide Registry to certified nurse aides and to direct service worker registrants upon request. The board may charge an amount not to exceed the cost of providing such certificates or certification cards.

F. The board is authorized to establish fees and costs to be imposed for the purpose of implementing and enforcing the provisions of this Chapter. Notwithstanding any other provision of this Chapter, the fees and costs established by the board shall not be less nor more than the range created by the following schedule:

(1) Miscellaneous fees and costs: Minimum Maximum

(a) Photocopies of documents/page $ .50 $ 2.00

(b) Administrator address labels/page $ 4.00 $ 8.00

(c) Handling and mailing per page $ 2.00 $ 6.00

(d) Certification of document as true copy $ 10.00 $ 15.00

(e) Directory of administrators $ 15.00 $ 20.00

(f) Seminars (per hour of instruction) $ 30.00 $ 50.00

(g) Rules and regulations book $ 15.00 $ 30.00

(h) Continuing education sponsor

(per CEU) $ 15.00 $ 40.00

(i) Continuing education provider $ 600.00 $ 1,200.00

(j) Request for CEU approval (vendor) $ 50.00 $ 80.00

(k) Request for CEU approval (applicant) $ 25.00 $ 75.00

(2) Licenses, registrations, and examinations

for administrator:

(a) Application packet $ 50.00 $ 100.00

(b) Application fee $ 500.00 $ 1,000.00

(c) State exam fee $ 100.00 $ 200.00

(d) Annual registration fee $ 350.00 $ 700.00

(e) Delinquent fee $ 150.00 $ 300.00

(f) Reciprocity fee (to Louisiana) $ 125.00 $ 225.00

(g) Reciprocity fee (to another state) $ 25.00 $ 50.00

(h) Initial registration fee $ 225.00 $ 400.00

(i) Replace license $ 25.00 $ 100.00

(j) Replace registration certificate

or second copy $ 5.00 $ 25.00

(k) Replace license card $ 5.00 $ 25.00

(l) Failure to maintain current information $ 50.00 $ 100.00

(m) NSF fee $ 25.00 $ 50.00

G. The board is authorized to acquire property and office space suitable to conduct the business of the board by either lease, lease purchase, or purchase, or a sale with a mortgage and to incur debt incidental thereto, subject to the approval of the division of administration and the State Bond Commission.

Added by Acts 1969, No. 131, §4; Acts 1992, No. 241, §1, eff. June 10, 1992; Acts 1997, No. 991, §1; Acts 1999, No. 546, §1, eff. July 1, 1999; Acts 2001, No. 688, §1; Acts 2004, No. 27, §1, eff. May 21, 2004; Acts 2005, No. 306, §3, eff. June 29, 2005; Acts 2006, No. 107, §1, eff. June 2, 2006; Acts 2008, No. 370, §1, eff. June 21, 2008; Acts 2010, No. 721, §1; Acts 2018, No. 206, §3.
La. Rev. Stat. § 37:628 — LA Code / Code revised-statutes / Title 37 / Section 628
Conflict
Status: in_force

In the event of a conflict between the provisions of this Chapter and Revised Statutes 37:1261 et seq., the provisions of R.S. 37:1261 et seq. shall govern.

Acts 1970, No. 585, §1.
La. Rev. Stat. § 37:1564 — LA Code / Code revised-statutes / Title 37 / Section 1564
Exemptions
Status: in_force

A. Licensed veterinarians or persons who hold temporary permits to practice veterinary medicine shall be exempt from the provisions of this Chapter.

B. With proper training and under the direct supervision of a licensed veterinarian, laypeople and registered veterinary technicians employed by a licensed veterinarian may perform the rasping or floating of molar, premolar, and canine teeth and the removal of deciduous incisor and premolar teeth or caps.

Acts 1999, No. 980, §1, eff. July 9, 1999.
La. Rev. Stat. § 37:1862.1 — LA Code / Code revised-statutes / Title 37 / Section 1862.1
Record and reporting requirements; application
Status: in_force

The provisions of R.S. 37:1864, 1864.1, 1864.3, 1865, and 1866 shall not apply to a person operating as a secondhand dealer pursuant to R.S. 37:1785. Persons operating as secondhand dealers pursuant to R.S. 37:1785 shall be subject to the record acquisition, maintenance, and reporting requirements of R.S. 37:1796, 1797, and 1798.

Acts 2010, No. 918, §1; Acts 2011, No. 389, §1.
La. Rev. Stat. § 37:3707 — LA Code / Code revised-statutes / Title 37 / Section 3707
Qualifications of applicants of a state-certified assistant behavior analyst
Status: in_force

A. Notwithstanding any other provision of this Chapter or other law to the contrary, an applicant for state certification as a state-certified assistant behavior analyst shall be issued an assistant behavior analyst state certificate by the board upon satisfaction of all the following criteria:

(1) Submission to the board of a completed application form. The board shall approve the form.

(2) Payment of all mandatory certification fees.

(3) Proof of good moral character.

(4) Satisfactory completion of the criminal background check in accordance with the authority granted to the board.

(5) Proof that the applicant passed a nationally recognized examination administered by a nonprofit organization accredited by the National Commission for Certifying Agencies, the National Standards Institute, or a substantial equivalent to credential professional practitioners of behavior analysis related to the principles and practice of the profession of behavior analysis that is approved by the board.

(6) Proof that the applicant passed the jurisprudence examination covering the laws and rules governing the practice of behavior analysis in Louisiana that is approved by the board.

(7) Proof that the applicant conducts his professional activities in accordance with accepted standards, including the Guidelines for Responsible Conduct for Behavior Analysts and Professional Disciplinary and Ethical Standards of the Behavior Analyst Certification Board or other national professional organizations as approved by the board.

(8) Proof that the applicant holds a bachelor's degree from any accredited university or other institution of higher learning.

B. The standards and requirements in this Chapter shall be separate and unique from the standards and requirements for practicing psychology and pertain to the practice of applied behavior analysis.

C. There shall be no requirement for practicing individuals under this Chapter to be supervised by members of other professions.

D. An assistant behavior analyst applicant who has a suspended certificate may reapply for certification after three years from the date of suspension.

Acts 2013, No. 351, §2.

NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
La. Rev. Stat. § 37:574 — LA Code / Code revised-statutes / Title 37 / Section 574
Organization of board; meetings; quorum
Status: in_force

A. The governor shall designate one member of the board to serve as chairman, and the chairman shall designate one member of the board to serve as vice chairman.

B. A majority of the members of the board physically present at a board meeting shall constitute a quorum for the transaction of business.

Acts 2001, No. 907, §2, eff. June 26, 2001; Acts 2010, No. 728, §1.
La. Rev. Stat. § 37:1034 — LA Code / Code revised-statutes / Title 37 / Section 1034
Termination of authorization
Status: in_force

Authorization for a direct service worker to perform any of the tasks specified in R.S. 37:1032 shall be terminated for any of the following reasons:

(1) The condition of the individual for whom the direct service worker is performing the tasks covered within this Part has become unstable.

(2) A registered nurse certifies that the direct service worker can no longer perform the prescribed tasks safely.

(3) The direct service worker has a finding against him placed on the Direct Service Worker Registry.

Acts 2005, No. 451, §1, eff. July 11, 2005; Acts 2011, No. 299, §1.
La. Rev. Stat. § 37:1360.64 — LA Code / Code revised-statutes / Title 37 / Section 1360.64
Privileged communications
Status: in_force

A. In judicial proceedings, whether civil, criminal, or juvenile, legislative and administrative proceedings, and proceedings preliminary and ancillary thereto, a patient or his legal representative, may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a medical psychologist licensed under this Part, or persons reasonably believed by the patient to be so licensed, or to their employees or other persons under their supervision, for the purpose of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder.

B. In the absence of evidence to the contrary, the medical psychologist is presumed to be authorized to claim the privilege on behalf of the patient.

C. This privilege may not be claimed by or on behalf of the patient in the following circumstances:

(1) Where child abuse, elder abuse, or the abuse of individuals with disabilities or incompetent individuals is known or reasonably suspected.

(2) Where the validity of a will of a deceased former patient is contested or his mental or emotional condition is at issue otherwise on judicial or administrative proceedings.

(3) Where the information is necessary for the defense of the medical psychologist in a malpractice action brought by the patient.

(4) Where an immediate threat of physical violence against a clearly identified victim or victims is disclosed to the medical psychologist.

(5) In the context of civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the medical psychologist.

(6) Where the patient puts his mental state in issue by alleging mental or emotional damages or condition in any judicial or administrative proceedings.

(7) Where the patient is examined pursuant to court order.

(8) Where the board is conducting an investigation or hearing.

Acts 2009, No. 251, §11, eff. July 1, 2009; Acts 2014, No. 811, §19, eff. June 23, 2014.
La. Rev. Stat. § 37:1057 — LA Code / Code revised-statutes / Title 37 / Section 1057
Renewals; requirements
Status: in_force

A. Where the annual renewal fee required by R.S. 37:1056(1) is not paid on or before the first day of March, a delinquency fee of one hundred fifty dollars shall be imposed. Failure to pay the annual renewal fee and delinquency fee on or before the first day of July will provide a basis for the temporary suspension of a Louisiana optometry license. Payment of the license renewal fee made after the first day of July of each renewal year where the license has been suspended shall be accompanied by the one hundred fifty dollar delinquency fee, the one hundred fifty dollar reinstatement fee, as well as any costs or expenses, including attorney fees, which may be caused by the need for the institution of disciplinary proceedings, fines imposed in disciplinary proceedings, and all other applicable fees, including a license reinstatement fee. Failure to pay the annual renewal fee, delinquency fee or reinstatement fee on or before the first day of January of the year following the delinquency shall be cause for the board to revoke a Louisiana optometry license.

B. Where satisfactory evidence of compliance with the continuing education requirement, as required by R.S. 37:1056(2) is not submitted to the board on or before the first day of March, a delinquency fee of one hundred fifty dollars shall be imposed. Failure to submit satisfactory evidence of compliance with the continuing education requirement on or before the first day of July shall provide a basis for the temporary suspension of a Louisiana optometry license. Satisfactory evidence of compliance with the continuing education requirement provided to the board after the first day of July of each renewal year where the license has been suspended shall be accompanied by the one hundred fifty dollar delinquency fee, the one hundred fifty dollar reinstatement fee, as well as any cost or expenses, including attorney fees, which may be caused by the need for the institution of disciplinary proceedings, fines imposed in disciplinary proceedings, and all other applicable fees, including a license reinstatement fee. Failure to submit satisfactory evidence of compliance with the continuing education requirement on or before the first day of January of the year following the delinquency shall be cause for the board to revoke a Louisiana optometry license.

Amended by Acts 1969, No. 116, §1; Acts 2003, No. 987, §1; Acts 2006, No. 596, §1.
La. Rev. Stat. § 37:711.10 — LA Code / Code revised-statutes / Title 37 / Section 711.10
Records and reports
Status: in_force

A.(1) The board shall keep a record of its proceedings and a file of all applications, which file shall show:

(a) The name, age, and residence of each applicant.

(b) The date of the application.

(c) The place of business of such applicant.

(d) Educational and other qualifications of the applicant.

(e) Whether or not an examination was required.

(f) Whether the applicant was rejected.

(g) Whether a license or certification was granted.

(h) The date of the action of the board.

(i) Such other information which may be deemed necessary by the board.

(2) The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board, under seal, shall be admissible in evidence with the same force and effect as if the original were produced.

B. All records maintained by the board in connection with disciplinary and enforcement proceedings and actions or its administration of examinations, including examinations, answer sheets, solutions, and grade sheets, together with all the background information involving personal and employer references shall be deemed confidential and as such, exempt from the provisions of Chapter 1, Title 44 of the Louisiana Revised Statutes of 1950; however, any applicant shall have the right to examine other documents relating and pertaining to any action taken by the board with regard to such applicant, but only to the extent that those documents are in the actual possession of the board. Notwithstanding any provision of law to the contrary, the board, at its discretion, may publish and shall disclose any documents and information relating and pertaining to disciplinary and enforcement proceedings and actions once the board has rendered a final decision or order.

Acts 2010, No. 974, §1, eff. Jan. 1, 2011.
La. Rev. Stat. § 37:1743.1 — LA Code / Code revised-statutes / Title 37 / Section 1743.1
Use of the title "Doctor" or "Dr." by certain healthcare providers
Status: in_force

A. No healthcare provider, while providing direct patient care, shall present himself, whether orally or in writing, to a patient using the title of "Doctor" or the abbreviation of "Dr." as a prefix to his name without using a suffix to denote either the type of professional license held by the healthcare provider or the degree to which he is entitled by reason of his diploma of graduation from a school or other entity, professional or otherwise.

B. Any healthcare provider who uses the title of "Doctor" or the abbreviation of "Dr." in any manner inconsistent with the provisions of this Section may be sanctioned in accordance with rules promulgated by the licensing board for that provider's profession or occupation.

C. No violation of a provision of this Section shall constitute false personation as established by R.S. 14:112.

D. For the purposes of this Section, "healthcare provider" shall mean a person, partnership, limited liability company, or corporation licensed or certified in this state to provide healthcare or professional services as a registered or licensed practical nurse, certified registered nurse anesthetist, nurse midwife, licensed midwife, nurse practitioner, clinical nurse specialist, occupational therapist, physical therapist, certified athletic trainer, or physician assistant.

E. The provisions of this Section shall not apply to a physician as defined by Medicare pursuant to 42 U.S.C. 1395x(r).

Acts 2012, No. 772, §1; Acts 2018, No. 206, §3.
La. Rev. Stat. § 37:3241 — LA Code / Code revised-statutes / Title 37 / Section 3241
Definitions
Status: in_force

As used in this Chapter, the following definitions apply unless the context clearly states otherwise:

(1) "Apprentice permit" means a permit issued by the Louisiana Department of Health to authorize a person desiring to become a licensed midwife to obtain clinical experience under supervision of a physician, certified nurse midwife, certified nurse practitioner specially qualified by the Louisiana State Board of Nursing, or licensed midwife.

(2) "Approved program" means a midwifery school or a midwifery training program which is approved by the board for the education of midwives.

(3) "Board" means the Louisiana State Board of Medical Examiners.

(4) "Certified nurse midwife" means a nurse authorized by the Louisiana State Board of Nursing to practice as a certified nurse midwife in the state.

(5) "Certified professional midwife" means a person certified by the North American Registry of Midwives.

(6) "Contact hour" means a unit of measurement to describe fifty to sixty minutes of an approved, organized learning experience or two hours of planned and supervised clinical practice which is designed to meet professional educational objectives.

(7) "Continuing education" means participation in an organized learning experience under responsible sponsorship, capable direction, and qualified instruction and approved by the board for the purpose of meeting requirements for renewal of registration under these regulations.

(8) "Department" means the Louisiana Department of Health.

(9) "Licensed midwife" means a person who has completed all requirements of R.S. 37:3247, 3253, and 3255, has successfully completed the examination process, and is certified as a midwife by the North American Registry of Midwives along with being in good standing on the registry of licensed midwives maintained by the board.

(10) "Licensed midwifery" means the provision of health services in pregnancy and childbirth by a person not a licensed physician or a certified nurse midwife.

(11) "Licensing period" means a two-year period running from April 1 of any year through March 31 of the second successive year; registration or permits may be issued at any time but shall expire on March 31 of the second successive year.

(12) "Low risk patient" means an individual who is at low or normal risk of developing complications during pregnancy and childbirth as evidenced by the absence of any preexisting maternal disease or disease arising during pregnancy or such other conditions as the board may identify in rules.

(13) "Midwifery instructor" means a person who has a formal training and supervisory relationship with an apprentice midwife.

(14) "Physician" means a person who is currently practicing obstetrics and is licensed to practice medicine or osteopathy in Louisiana.

(15) "Senior apprentice permit" means a permit issued by the board to authorize a person desiring to be a licensed midwife to continue obtaining clinical experience under general direction rather than supervision.

(16) "Supervision" means the coordination, direction, and continued evaluation at first hand of the person in training and obtaining clinical experience as an apprentice midwife within the scope of these provisions.

Acts 1984, No. 688, §1, eff. Jan. 1, 1985; Acts 1988, No. 701, §2; Acts 2010, No. 743, §§10A, 10B, eff. July 1, 2010; Acts 2012, No. 772, §1; Acts 2018, No. 206, §3.
La. Rev. Stat. § 37:875 — LA Code / Code revised-statutes / Title 37 / Section 875
Fees
Status: in_force

The board is authorized to adopt rules in accordance with the Administrative Procedure Act to impose and collect fees which shall not exceed the following:

(1)

Initial crematory retort operator license

$

250.00

(2)

Annual renewal of crematory retort

operator license

$

80.00

(3)

Initial crematory authority license

$

1,000.00

(4)

Annual renewal of crematory authority license

$

700.00

(5)

Inspection or reinspection for initial,

location, or ownership change of

crematory authority license

$

500.00

Acts 2003, No. 1243, §2; Acts 2004, No. 133, §1.
La. Rev. Stat. § 37:1450 — LA Code / Code revised-statutes / Title 37 / Section 1450
Duty of licensees, registrants, and certificate holders to report legal action pertaining to real estate activities
Status: in_force

A. It shall be the duty of every licensee, registrant, and certificate holder to notify the commission within ten days by registered or certified mail or by hand delivery of the following actions:

(1) The rendering of a final judgment against him by a court of competent jurisdiction, the subject matter of which involves a real estate transaction in which he was acting as a licensee, registrant, or certificate holder.

(2) The institution of criminal prosecution by arrest or indictment the subject matter of which involves a real estate transaction in which he was acting as a licensee, registrant, or certificate holder.

(3) Any final conviction of the person by a court of competent jurisdiction for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, theft, or any other felony.

B. It shall be the duty of every licensee, registrant, and certificate holder who is the custodian of client funds to report the institution of bankruptcy proceedings to the commission, in writing and by registered or certified mail or hand delivery within ten days of institution of such proceedings.

(1) Bankruptcy proceedings which shall be reported include those in which the petitioner is named as a debtor, whether classified as voluntary or involuntary, personal, corporate, or partnership, or which is in any way connected with the licensee's, registrant's, or certificate holder's real estate business activities.

(2) The report to the commission shall include a listing which identifies the owner or owners of the funds, the amount of funds held, the name of the financial institution, and the number of the account in which the funds are deposited.

Acts 1978, No. 514, §1. Amended by Acts 1981, No. 594, §1; Acts 1983, No. 552, §2; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1995, No. 1207, §1; Acts 2024, No. 644, §1.
La. Rev. Stat. § 37:3009 — LA Code / Code revised-statutes / Title 37 / Section 3009
Issuance of license
Status: in_force

A. The board shall issue a license to any person who meets the requirements of this Chapter upon payment of the license fee fixed by the board.

B. Any person who is issued a license as an occupational therapist under the terms of this Chapter may use the words "occupational therapist", "licensed occupational therapist", or he may use the letters "LOT", "OT" in connection with his name or place of business to denote his licensure. In addition, any person certified or registered by the American Occupational Therapy Association, Inc., may use the words "licensed occupational therapist, registered" or "occupational therapist, registered" or "LOTR" or "OTR".

C. Any person who is issued a license as an occupational therapy assistant under the terms of this Chapter may use the words "occupational therapy assistant", "licensed occupational therapy assistant", or he may use the letters "OTA" or "LOTA" in connection with his name or place of business to denote his licensure. In addition, any person certified as an assistant by the American Occupational Therapy Association, Inc., may use the designation "licensed certified occupational therapy assistant" or "LCOTA" or "certified occupational therapy assistant" or "COTA".

D. The board shall establish policies which allow for a challenge of denial of license. This challenge shall be heard in an open hearing in accordance with due process.

E. The board shall issue a temporary license to practice occupational therapy to persons who have completed academic supervised field work experience requirements specified under R.S. 37:3006(2) and are waiting examination. The temporary license shall be valid until the date on which the results of the qualifying examination have been known and acted upon by the board. This temporary license shall be renewable only once, if the applicant has not passed the examination or if the applicant has failed to take the qualifying examination. Exceptions to the one extension rule can be given at the discretion of the board based upon an appeal identifying extenuating circumstances.

Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
La. Rev. Stat. § 37:1216 — LA Code / Code revised-statutes / Title 37 / Section 1216
Authorization to obtain criminal history record information
Status: in_force

A. As used in this Section, the following terms shall have the following meaning:

(1) "Applicant" means an individual who has made application to the board for the issuance, or reinstatement of any license, registration, certificate, permit, or any other designation deemed necessary to engage or assist in the practice of pharmacy that the board is authorized by law to issue.

(2) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.

(3) "Criminal history record information" means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.

(4) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.

(5) "Licensure" means any license, permit, certification, or registration that the board is authorized to issue.

B. In addition to any other requirements established by regulation, the board may require an applicant, as a condition for eligibility for licensure:

(1) To submit a full set of fingerprints, in a form and manner prescribed by the board.

(2) To permit the board to request and obtain state and national criminal history record information on the applicant.

(3) To collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.

C. In accordance with the provisions and procedures prescribed by this Section, the board may request and obtain state and national criminal history record information from the bureau and the FBI relative to any applicant for licensure whose fingerprints the board has obtained pursuant to this Section for the purpose of determining the applicant's suitability and eligibility for licensure.

D. Upon request by the board and upon the board's submission of an applicant's fingerprints, and such other identifying information as may be required, the bureau shall conduct a search of its criminal history record information relative to the applicant and report the results of its search to the board within sixty days from receipt of any such request. The bureau may charge the board a processing fee pursuant to R.S. 15:587 for conducting and reporting on any such search.

E. If the criminal history record information reported by the bureau to the board does not provide grounds for disqualification of the applicant for licensure under the applicable law administered by the board, the board shall have the authority to forward the applicant's fingerprints and such other identifying information as may be required to the FBI with a request for a search of national criminal history record information relative to the applicant.

F. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant's eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

Acts 2003, No. 1052, §2.
La. Rev. Stat. § 37:3157 — LA Code / Code revised-statutes / Title 37 / Section 3157
Operator training
Status: in_force

During the four years following the effective date of this Chapter, the board shall provide or establish what the appropriate training will be for all individuals who are required to obtain certification under the provisions of this Chapter. The board shall define, promote, and provide continuing training as required for recertification. If continuing training is not reasonably available within the state of Louisiana, the requirement to obtain training may be waived, on a case by case basis.

Added by Acts 1983, No. 543, §1.
La. Rev. Stat. § 37:3709 — LA Code / Code revised-statutes / Title 37 / Section 3709
Issuance and renewal of license and state certificate
Status: in_force

A. The board shall issue a license or state certificate to any person who meets the qualifications provided in this Chapter and the rules and regulations of the board, and who pays the applicable fees fixed by the board.

B. A license or state certificate issued under provisions of this Chapter shall be subject to annual renewal and shall expire and become null and void unless renewed in the manner prescribed by the board.

C. License and state certificate renewal shall require documentation of completion of the continuing education as required by this Chapter.

Acts 2013, No. 351, §2.

NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
La. Rev. Stat. § 37:80 — LA Code / Code revised-statutes / Title 37 / Section 80
Investigations
Status: in_force

A. The board may, upon receipt of a complaint or other information suggesting violations of this Part or of the rules adopted by the board pursuant to this Part, conduct investigations to determine whether there is probable cause to institute proceedings against any person or firm for such violation. An investigation shall not be a prerequisite to such proceedings in the event that a determination of probable cause can be made without investigation.

B. The board may issue subpoenas to compel witnesses to testify or produce evidence in aid of such investigations.

C. The board may review the publicly available information or professional work of certificate, license, or privilege holders on a general and random basis without any requirement of a formal complaint or suspicion of impropriety on the part of any particular certificate, license, or privilege holder. In the event that as a result of such review the board discovers reasonable grounds for a more specific investigation, the board may proceed as provided in this Section.

Acts 1979, No. 510, §1; Acts 1987, No. 113, §1, eff. June 18, 1987; Acts 1991, No. 880, §1, eff. Jan. 1, 1992; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2007, No. 102, §1.
La. Rev. Stat. § 37:1568 — LA Code / Code revised-statutes / Title 37 / Section 1568
Misrepresentation and penalty
Status: in_force

A. In addition to or in lieu of any remedy provided in this Chapter, the board may seek imposition of a civil penalty by any district court for any violation for which the board may issue a notice to cease and desist under this Chapter. The civil penalty shall be no less than five hundred dollars and no more than five thousand dollars for each offense.

B. When the board finds any registered equine dentist guilty of any violation of this Chapter, it may enter an order imposing one or more of the following penalties:

(1) Denial of an application.

(2) Revocation or suspension of a certificate of approval.

(3) Imposition of a fine not to exceed one thousand dollars for each count or separate offense.

(4) Issuance of a reprimand.

(5) Placement of the registered equine dentist on probation for a period of time and subject to such conditions as the board may specify.

(6) Restricting the authorized scope of practice.

C. The board by rule shall provide for appeals of denials of applications. The board shall impose other administrative penalties only on the basis of a ruling by the board pursuant to an adjudicatory hearing.

D. In addition to the disciplinary action or fines assessed by the board, the board may assess all costs of the board proceedings, including investigator, stenographer, administrative, and attorney fees and court costs.

Acts 1999, No. 980, §1, eff. July 9, 1999.
La. Rev. Stat. § 37:1178 — LA Code / Code revised-statutes / Title 37 / Section 1178
Compensation of board members
Status: in_force

A. In accordance with the fee schedule provided in R.S. 37:1184, members of the board shall receive a per diem.

B. Notwithstanding the provisions of R.S. 39:231, the members of the board may be reimbursed for actual and reasonable expenses approved by the board in connection therewith while attending regular or called board meetings or attending to official business of the board.

Amended by Acts 1980, No. 307, §1; Acts 1999, No. 767, §1; Acts 2003, No. 1052, §2.
La. Rev. Stat. § 37:3008 — LA Code / Code revised-statutes / Title 37 / Section 3008
Waiver of requirements for licensure
Status: in_force

A. The board shall waive the examination and grant a license to any person certified prior to the effective date of this Chapter as an Occupational Therapist, Registered (OTR) or a Certified Occupational Therapy Assistant (COTA) by the American Occupational Therapy Association, Inc. (AOTA), and who otherwise meets the criteria of provisions of R.S. 37:3006 and who is domiciled in the state on the date this Chapter becomes effective. In order to obtain the benefit of this waiver, an applicant shall make an application for a license no later than six months after the effective date of this Chapter.

B. The board may waive the examination and grant a license to any applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or a territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this Chapter, provided that such state, district or territory accords similar privileges of licensure without examination to holders of a license under this Chapter.

C. The board shall waive the educational and examination requirements and grant a license to any person who gives proof of current employment, either on a probational or a permanent basis, in the classified state service, and who is classified therein as an Occupational Therapy Aide I, Occupational Therapy Aide II, Occupational Therapist I, Occupational Therapist II, or Occupational Therapist III; on the date this Chapter becomes effective.

An Occupational Therapy Aide I, Occupational Therapy Aide II, or Occupational Therapist I shall be licensed as an occupational therapy assistant. An Occupational Therapist II or an Occupational Therapist III shall be licensed as an occupational therapist. These licensing designations will in no way restrict the authority of the Louisiana State Department of Civil Service to establish guidelines and qualifications for those employees within the classified service or in no way restrict the power of the Civil Service Department to establish promotional ladders for such employees. In order to obtain the benefit of this waiver, an applicant shall make application for a license no later than six (6) months after the effective date of this Chapter.

D. The board shall waive the examination and grant a license to any person who is domiciled in the state on the date this Chapter becomes effective, and who is a graduate of a curriculum of a member nation of the World Federation of Occupational Therapists (WFOT). In order to obtain the benefit of this waiver, an applicant shall make application for a license no later than six (6) months after the effective date of this Chapter.

Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
La. Rev. Stat. § 37:3424 — LA Code / Code revised-statutes / Title 37 / Section 3424
Powers and duties of the board
Status: in_force

The board shall:

(1) Examine for, approve, withhold, deny, restrict, revoke, suspend, and renew licensure of duly qualified applicants.

(2) Maintain a record of its proceedings regarding the regulation and licensing of clinical exercise physiologists in a book maintained for that purpose.

(3) Maintain a roster of all licensed clinical exercise physiologists and annually prepare a roster of the names and addresses of all such licensees. A copy of the roster shall be made available to any person requesting it upon payment of a fee established by the board as sufficient to cover the cost of the roster.

(4) Adopt rules and regulations, a professional code of ethics, and examination procedures as it may consider necessary to implement this Chapter in accordance with the Administrative Procedure Act.

(5) Establish and publish minimum standards of practice in accordance with those developed and accepted by the profession.

Acts 1995, No. 630, §1.
La. Rev. Stat. § 37:3125 — LA Code / Code revised-statutes / Title 37 / Section 3125
Payments and accounts
Status: in_force

A. All funds derived from an auction sale paid to an auctioneer licensed in this state or to a person, corporation, firm or combination thereof which conducted the sale, shall be deposited in one or more identifiable bank accounts maintained in the state in which the auctioneer is situated and no funds belonging to the auctioneer shall be deposited therein except as follows:

(1) Funds reasonably sufficient to pay bank charges may be deposited therein.

(2) Funds belonging in part to the person who employs the auctioneer and in part to the auctioneer must be deposited therein, but the portion belonging to the auctioneer may be withdrawn when due unless the right of the auctioneer to receive it is disputed by the person who employs the auctioneer, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved.

B. Every auctioneer shall pay the consignor within thirty days from the receipt of funds, or within sixty days from the date of sale at auction, whichever is lesser,* or alternatively return to the consignor by that time, all property purchased but not yet paid for, except as provided in Paragraph (A)(2) of this Section, and render a full account of all sales and all property entrusted to him for sale by anyone employing his services whenever the owner of such money or property demands an accounting. Each auctioneer, surety on his bond, and auction house shall be liable in solido to the owner of goods thereof for all money and property coming into the auctioneer's hands or the hands of the auction house which is unaccounted for.

Acts 1983, No. 508, §1; Acts 1986, No. 564, §4, eff. July 2, 1986; Acts 1986, No. 566, §1, eff. July 2, 1986; Acts 1993, No. 584, §1; Acts 1997, No. 923, §1.

*As appears in enrolled bill.
La. Rev. Stat. § 37:213 — LA Code / Code revised-statutes / Title 37 / Section 213
Persons, professional associations, professional corporations, and limited liability companies entitled to practice law; penalty for unlawful practice
Status: in_force

A. No natural person, who has not first been duly and regularly licensed and admitted to practice law by the supreme court of this state, no corporation or voluntary association except a professional law corporation organized pursuant to Chapter 8 of Title 12 of the Revised Statutes, and no partnership or limited liability company except one formed for the practice of law and composed of such natural persons, corporations, voluntary associations, or limited liability companies, all of whom are duly and regularly licensed and admitted to the practice of law, shall:

(1) Practice law.

(2) Furnish attorneys or counsel or an attorney and counsel to render legal services.

(3) Hold himself or itself out to the public as being entitled to practice law.

(4) Render or furnish legal services or advice.

(5) Assume to be an attorney at law or counselor at law.

(6) Assume, use, or advertise the title of lawyer, attorney, counselor, advocate or equivalent terms in any language, or any phrase containing any of these titles in such manner as to convey the impression that he is a practitioner of law.

(7) In any manner advertise that he, either alone or together with any other person, has, owns, conducts, or maintains an office of any kind for the practice of law.

B. This Section does not prevent any corporation or voluntary association formed for benevolent or charitable purposes and recognized by law from furnishing an attorney at law to give free assistance to persons without means.

C. Any natural person who violates any provision of this Section shall be fined not more than one thousand dollars or imprisoned for not more than two years, or both.

D. Any partnership, corporation, or voluntary association which violates this Section shall be fined not more than five thousand dollars. Every officer, trustee, director, agent, or employee of a corporation or voluntary association who, directly or indirectly, engages in any act violating any provision of this Section or assists the corporation or voluntary association in the performance of any such violation is subject to the penalties prescribed in this Section for violations by a natural person.

Acts 1964, No. 357, §1; Acts 1990, No. 841, §1; Acts 1993, No. 475, §6, eff. June 9, 1993; Acts 2001, No. 835, §1.
La. Rev. Stat. § 37:1183 — LA Code / Code revised-statutes / Title 37 / Section 1183
Records prima facie evidence
Status: in_force

The books, registers, and all records of the board shall be prima facie evidence of the matter therein recorded, in any court of law.

Acts 1999, No. 767, §1.
La. Rev. Stat. § 37:3415.22 — LA Code / Code revised-statutes / Title 37 / Section 3415.22
Federal registry requirements
Status: in_force

A. The board shall collect from each appraisal management company that is registered or seeking to be registered in this state the information that the appraisal subcommittee, as described in R.S. 37:3395, requires to be submitted to it by the state pursuant to regulations promulgated by the appraisal subcommittee, including the collection of administrative fees consistent with the final federal rules as provided for in the applicable provisions of 12 CFR Parts 34, 208, 225, 323, 390, 1026, and 1222.

B.(1) A federally regulated appraisal management company operating in this state shall report to the board any information required to be submitted by the state to the appraisal subcommittee pursuant to the policies of the appraisal subcommittee regarding the determination of the appraisal management company national registry fee.

(2) Reports submitted pursuant to this Subsection shall include the following:

(a) A statement, in a form prescribed by the board, detailing the intent of the federally regulated appraisal management company to operate in this state.

(b)(i) Any information related to whether the appraisal management company is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certification refused, denied, cancelled, surrendered in lieu of revocation, or revoked in any state.

(ii) Any information related to the revocation of a license of any person described in Item (i) of this Subparagraph and whether the revoked license has been reinstated by the state or states in which the appraiser was licensed.

C.(1) Any appraisal management company not meeting the minimum qualifications established by 12 U.S.C. 3350(11) shall not be included in the National Registry of Appraisal Management Companies as administered by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

(2) In accordance with 12 U.S.C. 221 et seq., this Chapter does not apply to any entity that is a subsidiary owned and controlled by a federal financial institution regulatory agency, including the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.

Acts 2016, No. 259, §1; Acts 2022, No. 415, §1, eff. June 15, 2022.
La. Rev. Stat. § 37:1872 — LA Code / Code revised-statutes / Title 37 / Section 1872
Purchases not to be made from certain classes of persons
Status: in_force

It shall be unlawful for any antique dealer, owner, keeper, or agent of any antique shop to buy or exchange any article covered by this Part from any minor under the age of eighteen years, from a person appearing to be intoxicated, from a person known to be a notorious thief, or from a person known to have been convicted of larceny or burglary.

Acts 1999, No. 218, §1.
La. Rev. Stat. § 37:1542 — LA Code / Code revised-statutes / Title 37 / Section 1542
Definitions
Status: in_force

As used in this Chapter, the following words have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:

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

(2) "Certificate of approval" means a certificate issued by the Louisiana Board of Veterinary Medicine to a registered veterinary technician.

(3) "Direct supervision" means instruction and directions requiring the physical presence of a licensed veterinarian on the premises.

(4) "Registered veterinary technician" means a skilled person registered by the board as being qualified by academic and practical training to provide veterinary services under the direct supervision and direction of the licensed veterinarian who is responsible for the performance of that veterinary technician.

Acts 1986, No. 887, §1; Acts 1995, No. 73, §1.
La. Rev. Stat. § 37:1226.3 — LA Code / Code revised-statutes / Title 37 / Section 1226.3
Prescription drugs; returns, exchanges, and redispensing in pharmacies serving certain correctional facilities; authority to promulgate rules
Status: in_force

A. Except as provided in Subsection B of this Section, all drugs dispensed on prescription to an offender in the custody of the Department of Public Safety and Corrections, or in the custody of a local law enforcement office or department, may be accepted for return, exchange, or redispensing by a pharmacy operated by or under contract with the department or by a pharmacy authorized by the board to provide prescriptions to a local law enforcement office or department.

B. The pharmacist in charge of the pharmacy shall determine that the returned drug is not adulterated, expired, or misbranded and is safe to dispense. No product shall be redispensed by the pharmacist if the integrity of the medication cannot be assured. A drug that can be dispensed only to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements shall not be accepted or redispensed under the provisions of the program provided for in this Section.

C. No pharmaceutical manufacturer shall be liable for any claim or injury arising from the redispensing of any prescription drug pursuant to the provisions of this Section, including but not limited to liability for failure to transfer or communicate product or consumer information regarding the redispensed drug, as well as the expiration date of the redispensed drug.

D. The Louisiana Board of Pharmacy shall have the authority to promulgate rules in accordance with the Administrative Procedure Act for the purpose of administering the provisions of this Section.

Acts 2011, No. 315, §1, eff. June 28, 2011; Acts 2016, No. 310, §1.
La. Rev. Stat. § 37:1517 — LA Code / Code revised-statutes / Title 37 / Section 1517
Revenues; deposit to Board of Veterinary Medicine Fund
Status: in_force

In accordance with Article VII, Section 9 of the Constitution of Louisiana, all revenues received by the board shall be accepted by the executive director and deposited into an account maintained by the board at a financial institution of its choosing for the purposes of administering this Chapter. All expenses of the board shall be paid from this account by legal instrument signed by the president, secretary-treasurer, or executive director of the board, and no part of the state's general fund shall be expended for this purpose. This account shall be a continuing account and shall not be subject to reversion to the state general fund, except to the extent that the balance in the account at the close of any fiscal year exceeds the current budget of the board by two hundred percent, in which case the excess shall be transferred to and become a part of the state general fund.

Acts 1966, No. 35, §1, eff. July 1, 1967; Acts 1995, No. 73, §1.
La. Rev. Stat. § 37:3390.1 — LA Code / Code revised-statutes / Title 37 / Section 3390.1
Persons and practices not affected
Status: in_force

A. Nothing in this Chapter shall be construed as preventing or restricting practice, services, or activities of any person licensed or certified in this state, by any other law, from engaging in the profession or occupation for which he is licensed or certified.

B. Nothing in this Chapter shall be construed as prohibiting other licensed professionals, including members of the clergy and Christian Science practitioners, from the delivery of medical, psychotherapeutic, counseling, social work, psychological, or educational services to substance abusers and their families.

C. Nothing in this Chapter shall be construed as prohibiting the activities of any person recognized as a counselor or prevention specialist-in-training by the board, and employed or supervised in the manner prescribed by the board, from carrying out specific tasks under professional supervision. The person supervised shall not represent himself to the public as having any credential or status which the board does not recognize him as having.

D. Nothing in this Chapter shall be construed as prohibiting the activities of any student in an accredited educational institution from carrying out activities that are part of the prescribed course of study, provided such activities are authorized by this Chapter or by the board. 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.

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2020, No. 328, §2.
La. Rev. Stat. § 37:3287 — LA Code / Code revised-statutes / Title 37 / Section 3287
Renewal of license, certificate; penalty
Status: in_force

A. A license shall expire annually on the date of issuance unless renewed by payment of the required renewal fee at least thirty days prior to its expiration. The board shall notify the licensee of the renewal at the last known address at least sixty days in advance of the expiration. If a license is not renewed upon its expiration date, it shall be deemed to have lapsed and to be invalid. The delinquent licensee shall apply again for initial licensure.

B. The board shall issue the same number for the renewed license as that number issued for the original license or shall deny renewal within thirty days. The board shall promptly notify the licensee if it refuses to renew the license.

C. The licensee, within fifteen days after receipt of such notice of intent to refuse to renew a license, may request a hearing on such refusal. A licensee shall be permitted to continue to be engaged in business while his renewal application is pending.

Acts 1984, No. 505, §1, eff. Jan. 1, 1985; Acts 1989, No. 552, §1; Act 1991, No. 315, §1.
La. Rev. Stat. § 37:3217 — LA Code / Code revised-statutes / Title 37 / Section 3217
Penalty
Status: in_force

Any person who violates the provisions of R.S. 37:3213 shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Acts 1984, No. 485, §1.
La. Rev. Stat. § 37:1054 — LA Code / Code revised-statutes / Title 37 / Section 1054
Applicants from other states; waiver of examination
Status: in_force

The board may waive the examination provided in R.S. 37:1051 if the applicant presents to the board a satisfactory certificate of registration from a board of optometry examiners of another state, and if the standard of requirements adopted and enforced by such board is equal to that provided in this Chapter.
La. Rev. Stat. § 37:3104 — LA Code / Code revised-statutes / Title 37 / Section 3104
Exclusions
Status: in_force

The provisions of this Chapter shall not apply to the following:

(1) A sale conducted by order of any United States Court pursuant to Title 11 of the United States Code relating to bankruptcy.

(2) A sale conducted by an employee of the United States or the state of Louisiana or its political subdivisions in the course and scope of his employment.

(3) A sale conducted by a charitable or nonprofit organization.

(4) A sale conducted by an individual of his own property if such individual is not engaged in the business of selling such property as an auctioneer on a regular basis.

(5) A foreclosure sale of realty conducted personally by a trustee under a recorded deed of trust.

(6) A foreclosure sale of personal property conducted personally by the mortgagee or other secured party or an employee of such mortgagee or other secured party acting in the course and scope of his employment under a recorded chattel mortgage or other security or agreement.

(7) A sale conducted by sealed bid.

Added by Acts 1983, No. 508, §5.
La. Rev. Stat. § 37:3207 — LA Code / Code revised-statutes / Title 37 / Section 3207
Duties and powers of the board
Status: in_force

A. The board shall:

(1) Formulate rules to govern its actions.

(2) Examine, license, renew licenses of, and issue temporary working permits to duly qualified applicants for licensure as radiologic technologists.

(3) Promulgate pursuant to the Administrative Procedure Act minimum standards for the accreditation of educational programs to train individuals to perform radiologic procedures in the state.

(4) Conduct hearings upon charges calling for discipline of a licensee.

(5) Keep a record of all board proceedings.

(6) Adopt and revise rules and regulations pursuant to the Administrative Procedure Act necessary to enable the board to administer the provisions of this Chapter.

(7) Have all other powers necessary and proper to the performance of its duties.

B. The board may:

(1) Establish pursuant to the Administrative Procedure Act a code of ethics for radiologic technologists.

(2) Establish pursuant to the Administrative Procedure Act continuing education requirements for license renewal.

(3) Employ legal counsel to represent the board in all matters pertaining to the administration of this Chapter and fix the compensation and define the duties of such counsel.

Acts 1984, No. 485, §1; Acts 1985, No. 797, §1.
La. Rev. Stat. § 37:922 — LA Code / Code revised-statutes / Title 37 / Section 922
Hearings by board
Status: in_force

A. Upon the filing of a sworn complaint with the board charging the violation of any of the provisions of this Part, the executive director of the board shall fix a time and place for hearing and send by registered mail a copy of the charges together with a notice of the time and place for hearing to the individual accused at least ten days prior to the date set for the hearing. The notice shall be mailed to the last known address of the individual accused as it appears on the records of the board. The executive director may appoint a panel consisting of three or more board members to hear the charges. If no panel has been appointed, the charges shall be heard by no less than a quorum of the board members.

B. The board may compel or subpoena the attendance of witnesses, the production of books, papers, and documents, and administer oaths at the hearings. The accused individual may have witnesses on his behalf summoned by the board and may confront the witnesses against him.

C. Notwithstanding any privilege of confidentiality recognized by law, no physician or health care institution with which such nurse is affiliated shall, acting under any such privilege, fail or refuse to respond to a lawfully issued subpoena of the board for any medical information, testimony, records, data, reports or other documents, tangible items, or information relative to any patient cared for or assigned to such nurse under investigation. However, the identity of any patient identified in or by such records or information shall be maintained in confidence by the board and shall be deemed a privilege of confidentiality existing in favor of any such patient. For the purpose of maintaining such confidentiality of patient identity, the board shall cause any such medical records of the transcript of any such testimony to be altered in order to prevent the disclosure of the identity of the patient to whom such records or testimony relates.

D. The board shall not be bound by strict rules of procedure or other laws of evidence in the conduct of its proceedings. At the hearing the accused individual may appear either personally or by counsel, produce witnesses and evidence on his own behalf, and cross-examine witnesses.

E. The board in its annual report shall state the nature and number of the various violations of this Part. The board, in its discretion, may maintain the confidentiality of an individual registered nurse who violates a provision of this Part whenever the board determines the public interest will be best served by alternatives to the disciplinary process.

Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2010, No. 943, §1.
La. Rev. Stat. § 37:3390.3 — LA Code / Code revised-statutes / Title 37 / Section 3390.3
Disciplinary action; administrative fee; causes; hearing; appeal
Status: in_force

A. The board shall have the power to deny, revoke, or suspend any credential, specialty certification, status, or other recognition authorized by this Chapter. In addition, the board is authorized to impose and collect an administrative fee not to exceed five hundred dollars per violation or otherwise discipline any person holding a credential, specialty certification, status, or recognition authorized by this Chapter who:

(1) Has been convicted of any offense which constitutes a felony under the laws of this state, whether or not the conviction was in a court in this state. "Conviction", as used herein, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere.

(2) Has been declared insane or incompetent by a court of law.

(3) Violates any provision of the ethical standards to which the board subscribes.

(4) Attempts to practice medicine, psychology, or social work without being licensed in such professions.

(5) Is impaired in delivery of professional services because of substance use disorder, compulsive gambling, or because of medical or psychiatric disability.

(6) Without authority provides drugs or other restricted chemical substances to another person.

(7) Allows a credential or status issued by the board to be used by a person other than the one to whom the credential or status was issued.

(8) Engages in sexual misconduct with a client or a family member of a client.

(9) Obtained a credential or status by means of fraud, misrepresentation, or concealment of material facts.

(10) Has been found guilty of fraud or deceit in connection with services rendered.

(11) Has been grossly negligent in practice as a licensed, certified, or registered professional, professional in training, or assistant, as provided for in this Chapter.

(12) Has violated any lawful order, rule, or regulation rendered or adopted by the board.

(13) Has violated any provision of this Chapter.

(14) Has had his certificate or registration to practice disciplined by another state, territory, or district of the United States.

(15) Has been found guilty of unprofessional conduct, including departing from, or failing to conform to, the minimal standards of acceptable and prevailing practice. Actual injury to a client need not be established.

B. The board shall adopt rules and procedures establishing a disciplinary process which shall, at a minimum, comply with the following:

(1) Any person whose credential or status is sought to be disciplined in accordance with the provisions of this Chapter shall be given thirty days notice in writing enumerating the charges and specifying the date for a hearing before the board conducted in accordance with applicable provisions of the Administrative Procedure Act, R.S. 49:950 et seq.

(2) In connection with any hearing, the board may issue subpoenas, compel the attendance and testimony of witnesses, and administer oaths in the same manner as a district court in the parish wherein the hearing takes place.

(3) A stenographic or audio record of all disciplinary proceedings before the board shall be made and upon payment by the requesting party a transcript kept on file with the board.

(4) If the board finds that public health, safety, and welfare requires emergency action and incorporates a finding to that effect in its order, a summary suspension of a license, certificate, or registration may be ordered pending proceedings for disciplinary action. Such proceedings shall be promptly instituted and determined pursuant to rule.

C. Any person aggrieved by a decision of the board in a disciplinary hearing may appeal the decision within thirty days to the district court for the parish wherein the hearing was held pursuant to the Administrative Procedure Act.

D. In addition to the disciplinary action or fines assessed by the board, the board may assess all costs incurred in connection with the proceedings including but not limited to investigation, court reporting, attorney fees, and court costs.

E. The board, in its discretion, may maintain the confidentiality of an individual licensee, registrant, or certificate holder who violates a provision of this Chapter whenever the board determines that the public interest will be best served by alternatives to the disciplinary process.

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2005, No. 368, §1; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.
La. Rev. Stat. § 37:3214 — LA Code / Code revised-statutes / Title 37 / Section 3214
Licensure; persons exempt
Status: in_force

The requirements of a license shall not apply to:

(1) A student enrolled in and attending a board-approved educational program or college of radiologic technology who applies ionizing radiation to humans while under the supervision of a licensed practitioner or a licensed radiologic technologist.

(2) Dental hygienists and dental assistants authorized by the Louisiana State Board of Dentistry to perform certain radiologic procedures for the purpose of diagnosis or treatment of dental conditions upon the direct supervision of a licensed dentist.

(3) Chiropractors' assistants certified and authorized by the Louisiana Board of Chiropractic Examiners to perform certain radiologic procedures for diagnostic purposes upon prescription of a licensed chiropractor.

(4) Persons certified and authorized by the Louisiana State Board of Medical Examiners to perform diagnostic or therapeutic radiological examinations or treatment or both on the premises of the private office of a physician or in a clinic in which a physician practices upon prescription of and under the direction and supervision of a licensed physician.

Acts 1984, No. 485, §1; Acts 1985, No. 797, §§1,2; Acts 2018, No. 206, §3.
La. Rev. Stat. § 37:2851 — LA Code / Code revised-statutes / Title 37 / Section 2851
Judicial review
Status: in_force

Any person dissatisfied with the action of the board in refusing his application, or suspending or revoking his certificate, or any other action of the board, may appeal the action of the board by filing a petition within thirty days thereafter in the district court in the parish where the person resides or in the Nineteenth Judicial District Court, and such court is vested with jurisdiction, and it shall be the duty of the court to set the matter for hearing upon ten-days written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a certificate shall be abated until the hearing shall have been consummated with final judgment thereon, or whether any other action of the board should be suspended pending hearing. Upon determination, the court shall then enter its order accordingly, such order being operative when served upon the board. The court shall also provide the attorney representing the board with a copy of the petition and order. The board shall be represented in such appeals by the district attorney of the parish or the attorney general, or any of their respective assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board's determination:

(1) Is not based upon substantial evidence upon the entire record;

(2) Is arbitrary or capricious;

(3) Is in violation of statutory requirements; or

(4) Was made without affording to the licensee or the applicant due process of law.

Added by Acts 1980, No. 761, §1.
La. Rev. Stat. § 37:3664 — LA Code / Code revised-statutes / Title 37 / Section 3664
Reporting requirements
Status: in_force

The department shall report to the governor and to the House and Senate committees on health and welfare no later than thirty days prior to the start of the regular legislative session each year on the progress of the pilot program and shall provide a written report of findings and recommendations upon termination of the program.

Acts 2017, No. 1, §1.
La. Rev. Stat. § 37:2116 — LA Code / Code revised-statutes / Title 37 / Section 2116
Enforcement of orders and rules of board
Status: in_force

The provisions of this Chapter and any valid rules or orders of the board may be enforced in the courts of this state by mandamus or injunction suits brought for this purpose by the board or by any interested party. It shall be the duty of the Attorney General of the state of Louisiana and each district attorney of the state to cooperate with the board in enforcing the provisions of this Chapter and the valid rules and orders of the board.

Added by Acts 1954, No. 371, §16.
La. Rev. Stat. § 37:1311 — LA Code / Code revised-statutes / Title 37 / Section 1311
Short title
Status: in_force

This Part shall be known and may be cited as the "Louisiana Clinical Laboratory Personnel Law".

Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
La. Rev. Stat. § 37:2710 — LA Code / Code revised-statutes / Title 37 / Section 2710
Application and authorization to obtain criminal history record information
Status: in_force

A. As used in this Section, the following terms shall have the following meanings:

(1) "Applicant" means an individual who has made application to the board for the issuance, renewal, or reinstatement of any form of licensure which the board is authorized by law to issue.

(2) "Board" means the Louisiana State Board of Social Work Examiners.

(3) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.

(4) "Criminal history record information" means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.

(5) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.

(6) "Licensure" means any license, certification, or registration which the board is authorized to issue.

B. In addition to any other requirements established by board rules, the board shall require an applicant, as a condition for eligibility for licensure:

(1) To submit a full set of fingerprints, in a form and manner prescribed by the board.

(2) To permit the board to request and obtain state and national criminal history record information on the applicant.

(3) To pay, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.

C. In accordance with the provisions and procedure prescribed by this Section, the board shall request and obtain state and national criminal history record information from the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections and the Federal Bureau of Investigation of the United States Department of Justice relative to any applicant for licensure whose fingerprints the board has obtained pursuant to this Section for the purpose of determining the applicant's suitability and eligibility for licensure.

D. Upon request by the board and upon the board's submission of an applicant's fingerprints, and such other identifying information as may be required, the bureau shall conduct a search of its criminal history record information relative to the applicant and report the results of its search to the board within sixty days from receipt of any such request. The bureau may charge the board a reasonable processing fee for conducting and reporting on any such search.

E. If the criminal history record information reported by the bureau to the board does not provide grounds for disqualification of the applicant for licensure under the applicable law administered by the board, the board shall have the authority to forward the applicant's fingerprints and such other identifying information as may be required to the FBI with a request for a search of national criminal history record information relative to the applicant.

F. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant's eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

G. Upon investigation of the application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted for consideration is satisfactory and accepted, or unsatisfactory and rejected. If an application is rejected, said notice shall state the reasons for such rejection and the applicant's right to a compliance hearing in accordance with the rules and regulations promulgated by the board.

Acts 1999, No. 1309, §7, eff. Jan. 1, 2000; Acts 2010, No. 880, §1, eff. Jan. 1, 2011.
La. Rev. Stat. § 37:1923 — LA Code / Code revised-statutes / Title 37 / Section 1923
Exceptions
Status: in_force

A. This Part shall not apply to sales made at crafts and arts fairs or festivals sponsored by a Louisiana non-profit organization or to sales made at events commonly known as flea markets, stamp shows, coin shows, trade shows, festivals, fairs, or gun shows or to sales of agricultural, seafood, or handcrafted products.

B. Notwithstanding the provisions of Subsection A of this Section, a person renting or leasing space at a wholesale or retail trade show shall present written evidence on the letterhead of the business that he claims to represent, to the manager, director, coordinator, or other appropriate person having responsibility for that specific trade show, of his agency relationship or contract status with such business. Such person shall further agree to comply with the rules governing the types of transactions permitted by such show, including rules prohibiting retail sales at wholesale trade shows.

C. Any itinerant vendor shall be exempt from the provisions of this Section when:

1. He participates in a trade show or other exhibition in which the promoter, manager, coordinator, or other person in authority for such show or exhibition has posted a ten thousand dollar bond with the local governing authority where the merchandise is to be sold; and

2. Such promoter, manager, coordinator, or other person in authority for such show agrees to make every reasonable effort to satisfy complaints by purchasers of merchandise from him.

Added by Acts 1982, No. 815, §1. Acts 1983, No. 571, §1.
La. Rev. Stat. § 37:877 — LA Code / Code revised-statutes / Title 37 / Section 877
Authorization to arrange cremation; authorization to cremate; refusal to arrange a cremation; refusal to cremate
Status: in_force

A. A funeral director shall have the authority to arrange the cremation of human remains upon the receipt of a cremation authorization form that contains the information provided for in Subsection B of this Section.

B. A crematory authority shall have authority to cremate human remains when they are delivered by the funeral establishment and upon receipt of all of the following:

(1)(a) A cremation authorization form signed by an authorizing agent. Such form shall contain, at a minimum, the following information:

(i) The identity of the human remains and the time and date of death.

(ii) The name and license numbers of the funeral director and funeral establishment that obtained the cremation authorization.

(iii) Notification stating whether the death occurred as a result of a disease declared by the Louisiana Department of Health to be infectious, contagious, communicable, or otherwise dangerous to the public health, if known.

(iv) The name of the authorizing agent and the relationship between the authorizing agent and the decedent.

(v) A representation that the authorizing agent has the right to authorize the cremation of the decedent and that the authorizing agent is not aware of any living person who has a superior or equal priority to that of the authorizing agent. If the authorizing agent is acting pursuant to a notarial testament or a written and notarized declaration made by the decedent, a copy of the testament or declaration shall be attached to the cremation authorization form.

(vi) Authorization for the crematory authority to cremate the human remains.

(vii) A warranty by the authorizing agent that the human remains do not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation retort or the crematory retort operator performing the cremation. The authorizing agent shall be ultimately responsible to ensure that any pacemakers or other hazardous implants are removed prior to cremation.

(viii) The name of the person or legal entity authorized to receive the cremated human remains from the crematory authority.

(ix) The manner in which disposition of the cremated human remains is to take place as determined in accordance with the provisions of R.S. 8:655, if known.

(x) A listing of any items of value to be delivered to the crematory authority along with the human remains and instructions for handling the items.

(xi) The signature of the authorizing agent, attesting to the accuracy of all representations contained on the cremation authorization form, except for those representations made by the funeral director pursuant to Item (b)(ii) of this Paragraph. The signature of the authorizing agent shall be one of the following:

(aa) Witnessed by a funeral director of the funeral establishment arranging the cremation.

(bb) Notarized by a notary public.

(cc) Executed before two witnesses who sign the cremation authorization form. The name and address of each witness shall be provided on the cremation authorization form.

(b)(i) Any person signing a cremation authorization form as an authorizing agent shall be deemed to warrant the truthfulness of any facts, except those representations made by the funeral director pursuant to Item (ii) of this Subparagraph, set forth in the cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and that person's authority to order such cremation.

(ii) The cremation authorization form, other than preneed cremation forms, shall also be signed by a funeral director of the funeral establishment arranging the cremation. The funeral director shall not be responsible for any of the representations made by the authorizing agent, unless the individual has actual knowledge to the contrary. However, the information requested by Item (a)(i) of this Paragraph shall be considered to be a representation of the funeral director or funeral establishment that the human remains delivered to the crematory authority have been identified as the decedent listed on the cremation authorization by the coroner pursuant to Item (iii) of this Subparagraph or positively identified after a viewing of the remains or a photograph or other visual image of the remains by a person who is the authorizing agent or a member of the class of which the authorizing agent is composed or a designated representative thereof, unless the remains are from a spontaneous fetal death as defined in R.S. 40:32, in which case a viewing is not required if written identification is received when such remains are released to the funeral director. When visual identification by viewing the remains is not feasible, other positive identification of the decedent may be used including reliance upon identification made from photographs or other visual images of scars, tattoos, or physical deformities taken from the decedent's remains. The information requested by Item (a)(iii) of this Paragraph shall be considered to be a representation of the funeral director or funeral establishment of any information received by the funeral director or funeral establishment pursuant to R.S. 40:1271.2.

(iii) The coroner shall provide the identification of any dead body to the funeral director or funeral establishment to whom he relinquishes possession thereof, unless the coroner is not able to establish the identity of the dead body as provided in R.S. 13:5715.

(2) A completed and executed burial-transit permit, as provided for in Chapter 1 of Part XXVI of the Sanitary Code provided for in Title 51 of the Louisiana Administrative Code.

(3) Any other documentation or permits as required by the state or any parish.

C. A copy of a cremation authorization form signed by the authorizing agent in accordance with either Subitem (B)(1)(a)(xi)(bb) or (cc) of this Section may be delivered by any means to the funeral establishment arranging a cremation, including facsimile or other electronic transmission. The signature of the authorizing agent includes an electronic signature as provided in R.S. 9:2601 et seq. A funeral director, funeral establishment, or cremation authority may rely on, without liability, a copy of a cremation authorization form to perform a cremation.

D. A funeral director may refuse to arrange a cremation and a crematory authority may refuse to accept a body or to perform a cremation.

Acts 2003, No. 1243, §2; Acts 2011, No. 16, §1; Acts 2014, No. 264, §1; Acts 2016, No. 143, §2, eff. May 19, 2016; Acts 2020, No. 329, §1, eff. June 12, 2020.
La. Rev. Stat. § 37:215 — LA Code / Code revised-statutes / Title 37 / Section 215
Procedure by visiting attorney for recognition in Louisiana courts under reciprocity rule
Status: in_force

Whenever any visiting attorney desires to exercise the privilege of appearing alone as counsel of record in any case in any court of record in this state, under the provisions of the second paragraph of R.S. 37:214, he shall, before filing the first pleading or other appearance on behalf of his client in the cause, produce evidence satisfactory to the court before which he wishes to appear, or to the presiding judge if there be two or more judges of the court, to the effect that the state in which he is then licensed and qualified to practice law has in force a statute or rule of practice of the character specified in R.S. 37:214. Upon the judge being satisfied of this, he shall enter an order authorizing the appearance of the visiting attorney before his court in the case. This order shall specifically refer to the appropriate statutory provision or to the requisite judicial recognition of the appropriate rule of practice of the other state in question.
La. Rev. Stat. § 37:1360.110 — LA Code / Code revised-statutes / Title 37 / Section 1360.110
Protected actions and communication
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 any agent or employee of the board, in any civil action for any act performed in good faith in the execution of his duties in accordance with this Part.

B. No person, committee, association, organization, firm, or corporation shall be held liable for damages pursuant to any law of this state 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 2018, No. 593, §1.
La. Rev. Stat. § 37:2444.2 — LA Code / Code revised-statutes / Title 37 / Section 2444.2
Three-day cooling off period
Status: in_force

A. A consumer may cancel any transaction for the purchase of a hearing aid, without any penalty or obligation, within three business days of the date the hearing aid is actually ordered by the consumer. Upon such cancellation, any property traded in for credit, any payments made by the consumer under the contract or sale, and any negotiable instrument executed thereupon shall be returned by the seller to the consumer within ten business days following receipt by the seller of the cancellation notice. Any security interest arising out of the transaction shall be immediately canceled.

B.(1) Upon cancellation, the consumer shall make available to the seller in the same mode as received, in substantially as good condition as when received, any goods delivered under the contract or sale. If the product, if received by delivery to consumer, is made available to the seller and the seller does not pick it up within twenty days of the date of the notice of cancellation, the consumer bears no further obligation for the return of the product; however, if the consumer fails to make the product available to the seller, or agrees to return the product to the seller and fails to do so, then the consumer remains liable for performance of all obligations under the contract.

(2) The notice of cancellation shall be effective if it is delivered to the seller within the time frame described in Paragraph (1) of this Subsection and shall include a signed and dated copy of the subject contract, receipt, sales form, or other document evidencing all the terms of the transaction and the consumer's written notice to cancel.

Acts 2011, No. 93, §1.
La. Rev. Stat. § 37:2656 — LA Code / Code revised-statutes / Title 37 / Section 2656
Powers and duties of the board of examiners
Status: in_force

The powers and duties of the board are as follows:

(1) Specific powers. (a) The board shall administer, coordinate, and enforce the provisions of this Chapter, establish licensure and other necessary administrative fees, evaluate the qualifications of applicants, supervise the examination of applicants, and it may issue subpoenas, examine witnesses and administer oaths and shall investigate persons engaging in practices which violate or are alleged to violate the provisions of this Chapter.

(b) The board shall conduct such hearings and keep such records and minutes as are necessary for an orderly dispatch of business.

(c) The board shall adopt necessary rules and regulations, including but not limited to rules and regulations which establish ethical standards of practice, which the board may adopt and promulgate as a code of ethics; and it may amend or repeal rules and regulations made by it. Rules and regulations so adopted shall apply to all individuals who hold a license to practice or assist in the practice of speech-language pathology and/or audiology in this state at the time the rule or regulation is adopted.

(d) The board shall employ and may discharge employees necessary to carry out the work of the board and, subject to the laws applicable to employees in the classified service, shall outline their duties and fix their compensation.

(e) The board shall establish continuing education requirements for individuals licensed under this Chapter as a condition of licensure renewal. Such continuing education may be through programs either provided by or approved by the board.

(f) The board may enter into such professional service contracts as necessary to carry out its responsibilities under this Chapter in accordance with R.S. 36:803.

(g) The board shall adopt standards governing supervision of individuals who are required to be supervised by a licensed speech-language pathologist and/or audiologist under R.S. 37:2651.

(2) General powers. The conferral or enumeration of specific powers, unless otherwise indicated, shall not be construed as a limitation upon the general powers of the board conferred by this Chapter.

Added by Acts 1972, No. 260, §1, eff. Jan. 1, 1973. Amended by Acts 1978, No. 384, §1, eff. July 1, 1979; Acts 1995, No. 892, §2.
La. Rev. Stat. § 37:3083 — LA Code / Code revised-statutes / Title 37 / Section 3083
Definitions
Status: in_force

As used in this Chapter, the following definitions shall apply:

(1) "Dietetics/nutrition practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, behavioral, and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include:

(a) Assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend to the primary health care provider appropriate nutritional intake including enteral and parenteral nutrition.

(b) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources.

(c) Providing nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.

(d) Developing, implementing, and managing nutrition care systems.

(e) Evaluating, making changes in, and maintaining standards of quality in food and nutrition care services.

(f) Within a healthcare facility licensed by the Louisiana Department of Health, ordering appropriate nutritional intake, including enteral and parenteral nutrition, and ordering appropriate laboratory tests to monitor the effectiveness of the dietary plan, subject to the approval of and authorization by the licensed healthcare facility's medical staff or bylaws.

(2) "Licensed dietitian/licensed nutritionist" means a person licensed under this Chapter. The terms "dietitian", "dietician", and "nutritionist" may be used interchangeably.

(3) "Provisionally licensed dietitian/nutritionist" means a person provisionally licensed under this Chapter.

(4) "Registered dietitian" means a person registered by the Commission on Dietetic Registration.

Acts 1987, No. 574, §1, eff. July 9, 1987; Acts 2016, No. 415, §1.
La. Rev. Stat. § 37:3308.1 — LA Code / Code revised-statutes / Title 37 / Section 3308.1
Causes for denial, revocation, or suspension; imposition of restrictions; costs; fines
Status: in_force

A. The board may refuse to issue a license to an applicant or may suspend, or revoke or impose probationary terms, conditions, or restrictions on any license issued pursuant to this Chapter if any of the following is applicable to the licensee or applicant:

(1) Has been convicted of or entered a plea of guilty or nolo contendere to a criminal charge constituting a felony under the laws of Louisiana, of the United States, or of the state in which such conviction or plea was entered.

(2) Has been convicted of or entered a plea of guilty or nolo contendere to any criminal charge arising out of or in connection with the practice of an athletic trainer.

(3) Commits perjury, fraud, deceit, misrepresentation, or concealment of material facts in obtaining a license to practice as an athletic trainer.

(4) Provides false testimony before the board or provides false sworn information to the board.

(5) Engages in 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) Solicits patients or self-promotion through advertising or communication, public or private, which is fraudulent, false, deceptive, or misleading.

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

(8) Demonstrates cognitive or clinical incompetency.

(9) Engages in unprofessional conduct.

(10) Engages in continuing or recurring practice which fails to satisfy the prevailing and usually accepted standards of practice as an athletic trainer in this state.

(11) Knowingly performs any act which in any way assists an unlicensed person to practice as an athletic trainer, or having professional connection with or lending one's name to an illegal practitioner.

(12) Pays or gives anything of economic value to another person, firm, or corporation to induce the referral of injured athletes to an athletic trainer.

(13) Has been interdicted by due process of law.

(14) Is unable to practice as an athletic trainer with reasonable competence, skill, or safety to patients because of mental or physical illness, condition, or deficiency, including but not limited to deterioration through the aging process or excessive use or abuse of drugs, including alcohol.

(15) Refuses to submit to an examination and inquiry by an examining committee of physicians appointed by the board to inquire into the applicant's or licensee's physical or mental fitness and ability to practice as an athletic trainer with reasonable skill or safety.

(16) Practices or otherwise engages in any conduct or functions beyond the scope of practice of an athletic trainer as defined by this Chapter or the board's rules.

(17) Has been subjected to the refusal of the licensing authority or another state to issue or renew a license, permit, or certificate to practice as an athletic trainer in that state, or the revocation, suspension, or other restriction imposed on a license, permit, or certificate issued by such licensing authority which prevents, restricts, or conditions practice, 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.

(18) Has been subjected to denial, revocation, suspension, probation, or other disciplinary sanction from the BOC or its successor for violation of the standards of professional practice.

(19) Violated any rules and regulations of the board, or any provisions of this Chapter.

B. The board may, as part of a decision, consent order, or other agreed order, require the applicant or license holder to pay all costs of the board's proceedings and a fine not to exceed one thousand dollars.

Acts 2014, No. 418, §1.
La. Rev. Stat. § 37:2551 — LA Code / Code revised-statutes / Title 37 / Section 2551
Creation of board of examiners; purposes; membership; expenses
Status: in_force

A. There is hereby created a Board of Examiners of Certified Shorthand Reporters within the office of the governor for the purpose of encouraging proficiency in the practice of shorthand reporting as a profession, promoting efficiency in court and general reporting, and extending to the courts and to the public the protection afforded by a standardized profession by establishing a standard of competency for those persons engaged in it.

B.(1) The board shall be comprised as follows:

(a) Four members shall be appointed by the Supreme Court of Louisiana. One of the members shall be a judge, and three of the members shall be certified shorthand reporters.

(b) Three members shall be appointed by the governor, subject to confirmation by the Senate. Each member shall be a certified shorthand reporter.

(c) One member shall be appointed by the speaker of the House of Representatives. The member shall be an attorney.

(d) One member shall be appointed by the president of the Senate. The member shall be an attorney.

(2) A vacancy on the board shall be filled in the same manner as the original appointment.

C. Each member of the board shall receive a per diem at the rate of seventy-five dollars for each day in actual attendance at a regular or special meeting. However, no member shall receive per diem for more than twelve special meetings actually attended per year. Members shall also be allowed necessary expenses incurred in the performance of their duties as members of the board.

Added by Acts 1970, No. 456, §1. Amended by Acts 1975, No. 110, §1; Acts 1983, No. 612, §1; Acts 1986, No. 365, §§1, 2, eff. Jan. 1, 1987; Acts 1992, No. 840, §1; Acts 2001, No. 8, §12, eff. July 1, 2001; Acts 2004, No. 354, §1; Acts 2009, No. 438, §17(A).

NOTE: See Acts 1986, No. 365, §4.
La. Rev. Stat. § 37:3063 — LA Code / Code revised-statutes / Title 37 / Section 3063
Powers and duties of board; license of schools and electrologist apprenticeship programs; fees
Status: in_force

A. The board shall be the sole and exclusive authority in the state to issue licenses to practice electrolysis and to administer the provisions of this Chapter.

B. The board shall have authority to examine for, grant, deny, approve, revoke, suspend, and renew the licenses of electrologists and shall review applications for licenses at least four times each calendar year. It may conduct hearings on charges for the revocation or suspension of a license.

C.(1) The board may promulgate such rules and regulations as are necessary and reasonable for the enforcement of this Chapter, for the establishment, operation, and approval of any electrology schools or electrologist apprenticeship programs in Louisiana, and for requiring each school of electrology or electrologist apprenticeship program to establish and maintain in force a bond to be determined by the board, but not to exceed the sum of ten thousand dollars in favor of the state, with surety by a corporate bonding company authorized to do business in this state.

(2) Any school of electrology or electrologist apprenticeship program that is approved or licensed by the board shall include one hundred ten hours of clinical experience, ninety hours of lectures on insertion techniques, modalities, healing, regrowth problems, and office management to qualify an individual to take the examination for licensure as an electrologist technician.

(3) No apprenticeship program approved by the board may receive monetary compensation from an apprentice or student instructor.

D. The board is authorized to issue licenses to approved schools. No school may operate without a license issued by the board. The fee for such license shall be according to the fee schedule established in R.S. 37:3072 and shall be due on or before July first of each year. Each license for an electrology school in this state shall be renewed on or before July first of each year upon application therefor accompanied by the renewal fee prescribed in R.S. 37:3072(A).

E. The board may issue a license to any approved electrologist apprenticeship program. No electrologist apprenticeship program may operate without a license issued by the board. The fee for the license shall be the amount prescribed in R.S. 37:3072 and payable at the time the electrologist apprenticeship program makes application for a license. The annual renewal fee shall be due on or before July first of each year. Each license for an electrologist apprenticeship program in this state shall be renewed on or before July first of each year upon application therefor accompanied by the renewal fee prescribed in R.S. 37:3072(A).

F. The board shall initiate an action for the prosecution of any person who violates any provision of this Chapter and may apply to any court having jurisdiction for an injunction to restrain and enjoin violations thereof. It shall keep a record of all proceedings related thereto.

G. The board may employ counsel to carry out the provisions of this Chapter, if the fees of the counsel and the costs of all proceedings, except criminal prosecutions, are paid by the board out of the moneys credited to the board.

Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1983, No. 605, §1; Acts 1993, No. 819, §1; Acts 2001, No. 792, §1.
La. Rev. Stat. § 37:3084 — LA Code / Code revised-statutes / Title 37 / Section 3084
Louisiana State Board of Examiners in Dietetics and Nutrition; membership, terms, and vacancies; officers; meetings; quorum; compensation
Status: in_force

A. The Louisiana State Board of Examiners in Dietetics and Nutrition, hereinafter referred to as the "board", is hereby created within the Louisiana Department of Health, subject to the provisions of R.S. 36:803.

B.(1) The board shall be composed of the following eight members, all appointed by the governor and subject to Senate confirmation:

(a) Four shall be licensed dietitians/nutritionists selected from a list submitted by the Louisiana Dietetic Association.

(b) One shall be a licensed registered nurse selected from a list of names submitted by the Louisiana State Nurses Association.

(c) One shall be a person with a baccalaureate or higher degree from a regionally accredited college or university with a major course of study in human nutrition, food and nutrition, dietetics, or food systems management selected from a list of names submitted by the Louisiana Commissioner of Agriculture and Forestry.

(d) One shall be a licensed physician selected from a list of names submitted by the Louisiana State Medical Society.

(e) One consumer who shall be selected from the state at large. The consumer member may apply directly to the office of the governor.

(2) The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity.

C.(1) Board members who are dietitians or nutritionists shall be residents of the state who have an unrestricted license to practice in the field of dietetics or nutrition or a related field for not less than five years. The registered nurse and physician board members shall have an unrestricted license to practice their respective professions.

(2)(a) The consumer member of the board shall possess all of the following qualifications:

(i) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.

(ii) Has attained the age of majority.

(iii) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).

(iv) Has never been convicted of a felony.

(v) Does not have and has never had a material financial interest in the healthcare profession.

(b) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.

D. Each member shall be appointed for a term of three years.

E. A vacancy in the membership of the board shall be filled for the unexpired term in the same manner as the original appointment.

F. Repealed by Acts 2016, No. 636, §2.

G. The board shall annually elect a chairman, a vice chairman, and a secretary-treasurer who shall each serve for terms of one year, or until the successor of each is elected.

H. The board shall hold regular meetings at least twice in each year for the purpose of considering applicants and at any other time the board or its chairman deems necessary, at a time and place designated by the chairman. Special meetings may be called by the chairman upon giving at least seventy-two hours' notice thereof by registered or certified mail to the post office address of each member of the board and of persons who previously have indicated that they have business before the board.

I. Four members of the board shall constitute a quorum for the transaction of any and all business at any regular or special meeting.

J. Members of the board shall serve in their capacity as board members without compensation but shall be reimbursed for necessary expenses incurred while engaged on board business. Reimbursement for expenses shall be paid out of the monies credited the board as provided by R.S. 37:3089.

K. This board shall be financially self-sufficient. It shall receive no state funds through appropriation or otherwise and shall not expend any such state funds. No state funds shall be expended or committed to expenditure for the group benefits program or any other health insurance or employee benefit program, for any retirement system, for any salary, per diem payment, travel or expenses, office supplies and materials, rent, purchase of any product or service, or for any other purpose.

Acts 1987, No. 574, §1, eff. July 9, 1987; Acts 1999, No. 1055, §1; Acts 2016, No. 636, §§1, 2; Acts 2018, No. 515, §2.
La. Rev. Stat. § 37:3124 — LA Code / Code revised-statutes / Title 37 / Section 3124
Compensation of auctioneers
Status: in_force

A.(1) No auctioneer shall demand or receive a higher compensation for his services on judicial sales of immovable property made under order of court than a commission of seven percent on the amount of each adjudication made by him.

(2) On sales of succession property in which minors have an interest, property belonging to minors or in which they have an interest, and of property surrendered by insolvents made pursuant to an order or decree of any court of the state, the auctioneer shall not demand or receive a commission on each adjudication of more than four percent on the first ten thousand dollars and two percent on the excess. However, in cases where minors are interested, these lower rates shall be charged only on their proportionate share of the property, reserving to the auctioneer the right to receive the regular rate on the remainder of the interest involved.

(3) Upon sales of movables, the commission shall not be more than ten percent as to judicial sales.

B. On all sales made by the representative of a succession or syndic or an insolvent, there shall be a commission of no more than two percent.

C.(1) The auctioneer shall include in all advertisements, including but not limited to newspaper, radio, television, and brochures, the amount of any buyer's fee that will be charged.

(2) The auctioneer shall post in writing at the registration desk, in a conspicuous place, the amount of any buyer's fee.

(3) Upon opening an auction, the auctioneer shall verbally announce the amount of any buyer's fee, explain what the fee is, how such fee will be paid, and how the fee will work.

Acts 1986, No. 564, §4, eff. July 2, 1986; Acts 1999, No. 637, §1.
La. Rev. Stat. § 37:78 — LA Code / Code revised-statutes / Title 37 / Section 78
Appointment of secretary of state as agent for nonresidents
Status: in_force

Application by any person or firm not a resident of this state for a certificate or a permit to practice shall constitute appointment of the secretary of state as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to services performed by the applicant while a licensee within this state.

Acts 1979, No. 510, §1; Acts 1990, No. 61, §1; Acts 1995, No. 190, §2; Acts 1997, No. 1466, §1; Acts 1999, No. 473, §1, eff. June 18, 1999.
La. Rev. Stat. § 37:1207 — LA Code / Code revised-statutes / Title 37 / Section 1207
Renewal of license, registration, and certification; expiration; reinstatement
Status: in_force

A.(1) Each person licensed, registered, or certified by the board shall apply for renewal at a time designated by the board and pay a fee specified by the board. A person who desires to continue in the practice of pharmacy or assist in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require, and complete such other requirements as deemed necessary by the board, for renewal.

(2)(a)(i) The board shall assess on each pharmacist license renewal as required by this Section an additional fee of one hundred dollars per year to be designated as the "pharmacy education support fee". This fee shall be dedicated and allocated as specified in this Paragraph to an accredited school of pharmacy of a public university in this state. The board shall include on each license renewal form issued to a pharmacist an optional election whereby the person may elect not to remit the one hundred dollar pharmacy education support fee.

(ii) For purposes of this Paragraph, "accredited" shall mean possession of current accreditation from the Accreditation Council for Pharmacy Education.

(b) The board shall disburse all monies collected pursuant to this Paragraph to an accredited public university pharmacy school in this state on or before April first annually. The public university pharmacy school shall utilize these monies solely for the benefit of its pharmacy education program and the expenditure of such funds shall be approved by the board of supervisors of the university system of which the university is a member. The funds collected pursuant to this Paragraph shall be in addition to any other monies received by the university that operates the pharmacy school and are intended to supplement and not replace, displace, or supplant any other funds that the university receives from the state or from any other source.

B. The board shall make available applications for renewal of licenses, registrations, and certificates to each licensed, registered, and certified person by a date designated by the board.

C. If a person fails to make application to the board for renewal of his license, certification, or registration within a period determined by the board, the license, certification, or registration is expired and shall be deemed null and void.

D. In order to reinstate the expired license, certification, or registration, the person shall meet requirements set by the board by regulation.

Added by Acts 1956, No. 272, §2; Acts 1999, No. 767, §1; Acts 2012, No. 357, §1; Acts 2015, No. 298, §1; Acts 2020, No. 202, §1, eff. July 1, 2020.
La. Rev. Stat. § 37:3386.2 — LA Code / Code revised-statutes / Title 37 / Section 3386.2
Addictive Disorder Regulatory Authority
Status: in_force

A. The legislature hereby finds it appropriate that the responsibility and authority to regulate the practice of addictive disorder treatment and prevention be exercised by a licensing board created for that purpose.

B. The Addictive Disorder Regulatory Authority (ADRA) is hereby created within the Louisiana Department of Health. The ADRA shall be governed by a board of directors, referred to hereafter in this Chapter as the "board", consisting of eight voting members, all of whom shall be appointed by the governor, subject to Senate confirmation, as follows:

(1) One member who possesses significant knowledge in the area of addiction from a list of three names submitted by the Louisiana State Medical Society.

(2) One member who possesses significant experience and knowledge in the area of compulsive gambling from a list of three names submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.

(3) One member who possesses significant experience and knowledge in the area of prevention from a list of three names submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.

(4) One member who possesses significant experience and knowledge in the area of opiate replacement therapy from a list of three names submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.

(5) Three members from a list of nine names divided into three groups of three names each submitted by the Louisiana Association of Substance Abuse Counselors and Trainers, Inc.

(6) One member who is a consumer selected from the state at large.

C. The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity. Members of the board shall serve three-year terms. Members appointed to fill vacancies caused by death, resignation, or removal shall serve the unexpired terms of their predecessors.

D. Members of the board may elect a chairman and such other officers as they deem necessary to carry out the duties and functions of the board. The Addictive Disorder Regulatory Authority may employ persons necessary to carry out the provisions of this Chapter and may fix their compensation. The authority shall employ at least three persons: an executive director, an assistant director, and an administrative assistant. Employees of the board shall be eligible to participate in the state group benefits plan and in the state retirement system.

E. A majority of the members of the board shall constitute a quorum for the transaction of all business.

F.(1) The consumer member of the board shall possess all of the following qualifications:

(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.

(b) Has attained the age of majority.

(c) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).

(d) Has never been convicted of a felony.

(e) Does not have and has never had a material financial interest in the healthcare profession.

(2) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.

G. It is the intent of the legislature that the board exercise all regulatory jurisdiction over the credentialing and practice of addiction counselors, prevention professionals, persons holding specialty certifications issued by the board, paraprofessionals authorized by this Chapter, and those in training to become addiction counselors and prevention professionals.

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2006, No. 427, §2; Acts 2018, No. 206, §3; Acts 2018, No. 206, §3; Acts 2018, No. 515, §§2, 4; Acts 2020, No. 328, §2, redesignated from §3389.
La. Rev. Stat. § 37:3445 — LA Code / Code revised-statutes / Title 37 / Section 3445
Board meetings; procedures; powers and duties
Status: in_force

A. The board shall be domiciled and hold its meetings in Baton Rouge. The board shall hold a meeting within sixty days after October 1, 1988, and semiannually thereafter. The board shall elect from its membership a chairman, vice chairman, and secretary. The board may meet at such other times as deemed necessary by the chairman, or by the majority of its members, or by the governor. Reasonable notice of all meetings shall be given in the manner prescribed by the board. Three members of the board shall constitute a quorum at any meeting or hearing.

B. A clerical secretary, who shall not be a member of the board, shall be employed, within the limits of the funds received by the board pursuant to R.S. 37:3446. The board shall be empowered to accept federal and state grants and grants from foundations and institutions to carry on its functions.

C. The board shall adopt a seal which shall be affixed to all licenses issued by the board.

D. The board shall adopt such rules, regulations, and examination procedures as it may deem necessary to effect the provisions in this Chapter. The board shall adopt the Commission on Rehabilitation Counselor Certification Code of Professional Ethics including any revisions or additions deemed appropriate or necessary by the board.

E. The board may examine, approve, revoke, suspend, and renew the license of applicants and shall review applications at least once a year. The board shall keep a record of its proceedings including applicant examinations, a register of applicants for licenses, and a register of licensed professional vocational rehabilitation counselors which shall be made available to the public. Any person aggrieved by a ruling of the board may, within thirty days after notification, appeal to the district court for the parish of East Baton Rouge. The board shall have the power to conduct hearings on suspension or revocation of a license.

F. The board shall submit an annual report to the governor and the legislature containing the financial and professional actions of the board during the past year.

Acts 1988, No. 555, §1, eff. July 14, 1988; Acts 2018, No. 626, §1.
La. Rev. Stat. § 37:2838 — LA Code / Code revised-statutes / Title 37 / Section 2838
Polygraphist's certification qualifications
Status: in_force

A person shall be qualified to receive a certificate as a polygraphist upon satisfying the following:

(1) Has not been convicted of a felony that the board finds is directly related to work as a certified polygraphist pursuant to R.S. 37:2950.

(2) Is a high school graduate.

(3) Is a graduate of a polygraph course of not less than two hundred and seventy hours requiring not less than six weeks duration, and has satisfactorily completed not less than six months of internship training.

(4) Has passed an examination conducted by the board, or under its supervision, to determine his competency and integrity to obtain a certificate to practice as a certified polygraphist.

Added by Acts 1980, No. 761, §1; Acts 1985, No. 78, §1; Acts 2024, No. 644, §1.
La. Rev. Stat. § 37:1745.12 — LA Code / Code revised-statutes / Title 37 / Section 1745.12
Legislative findings; purpose
Status: in_force

A. The legislature finds that:

(1) Public confidence in high quality patient care is dependent on a workforce of competent health care professionals who meet the high standards of professional practice.

(2) Impaired health care professionals represent a threat to the public.

(3) State law does not currently require health care entities to report impaired health care professionals to professional licensing boards.

(4) An important function of professional licensing boards is to protect the public, who is at risk of receiving unsafe or inadequate care, from health care providers who are or may be impaired.

(5) It is the public policy of this state to require that health care entities timely report adverse action against health care professionals for impairment or possible impairment to professional licensing boards.

B. The purpose of this Part is to require reporting of certain actions taken by health care entities in response to a determination of impairment or possible impairment to the appropriate professional licensing board.

Acts 2007, No. 274, §1.
La. Rev. Stat. § 37:3259 — LA Code / Code revised-statutes / Title 37 / Section 3259
Reporting
Status: in_force

A. Every licensed midwife shall report to the board annually in a manner and form prescribed by the board. The report shall be submitted by January thirty-first of each year and shall include all of the following:

(1) The licensed midwife's name and license number.

(2) The calendar year being reported.

(3) The total number of clients served.

(4) The total number and parish of live births attended as a primary caregiver.

(5) The total number and parish of stillbirths attended as a primary caregiver.

(6) The number of patients whose primary care was transferred to another health care provider during the antepartum period and the reason for each transfer.

(7) The number, reason, and outcome for each elective hospital transfer.

(8) The number, reason, and outcome for each emergency transport of an expectant mother prior to labor.

(9) A brief description of any complications resulting in the death of a mother or an infant.

(10) Any other information prescribed by the board through rule or regulation.

B. A licensed midwife shall report within forty-eight hours to the board any maternal, fetal, or neonatal mortality or morbidity in patients for whom care has been given. The report shall include the sex, weight, date and place of delivery, method of delivery, congenital anomalies of the fetus, and if maternal, fetal, or neonatal death occurred, cause of death.

C. In addition to the penalties set forth in R.S. 37:3256, any licensed midwife failing to satisfy the provisions of this Section shall be subject to a civil fine not to exceed one hundred dollars each day the report is filed late. In no case shall the fine exceed five hundred dollars.

Acts 2012, No. 772, §1; Acts 2013, No. 220, §15, eff. June 11, 2013.
La. Rev. Stat. § 37:1327 — LA Code / Code revised-statutes / Title 37 / Section 1327
Penalties
Status: in_force

Any individual who engages or attempts to engage in the practice of clinical laboratory science who has not been licensed or certified in accordance with this Part shall be guilty of a misdemeanor and subjected to the following penalties for violation of any provision of this Part:

(1) For the first offense, the fine shall not be more than five hundred dollars.

(2) For the second offense, the fine shall not be more than one thousand dollars.

(3) For the third and each subsequent offense, the fine shall not be more than two thousand dollars for each offense.

Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
La. Rev. Stat. § 37:863 — LA Code / Code revised-statutes / Title 37 / Section 863
Substitution of guaranteed funeral goods and services
Status: in_force

If any guaranteed funeral goods or services which were selected by the buyer in a preneed funeral contract are unavailable at the time of the death of the funeral recipient of that contract, the funeral establishment shall offer a similar casket or other funeral goods or services of equal quality, value and workmanship as the unavailable funeral goods or services.

Acts 2008, No. 799, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 37:1448.4 — LA Code / Code revised-statutes / Title 37 / Section 1448.4
Buyer agreements; requirements; authorization; exceptions
Status: in_force

A.(1) A buyer agreement shall be executed between a broker and a buyer.

(2) The buyer agreement shall include the amount of compensation payable to the broker or the manner in which the amount of compensation payable to the broker shall be calculated.

(3) The buyer agreement may provide that sources of broker compensation may include but are not limited to funds from a buyer, a seller, a listing agent, or any combination thereof.

B. This Section shall not apply in the following circumstances:

(1) When a person leases or seeks to lease a home with the services of a real estate licensee.

(2) When a person leases or purchases, or seeks to lease or purchase, property other than a home with the services of a real estate licensee.

Acts 2024, No. 690, §1, eff. Aug. 19, 2024.
La. Rev. Stat. § 37:687 — LA Code / Code revised-statutes / Title 37 / Section 687
Organization and meetings
Status: in_force

A. The board shall hold at least four regular meetings each year. Special meetings shall be held at such time and place as specified by a call of the chairman or secretary. Notice of all meetings shall be given in writing to each member by the secretary. The board shall elect annually from its membership the following officers: a chairman, a vice chairman, a secretary, and a treasurer. A quorum of the board shall be a majority of its members. The board may appoint or employ an assistant secretary, executive director, treasurer, or other officers or employees not members of the board, to whom clerical and administrative duties may be assigned. The board shall fix the compensation of such persons not under the state civil service.

B. The board shall be domiciled and maintain its principal office in the city of Baton Rouge and shall maintain its records at said principal office, and shall hold its regular meetings there, unless, in the discretion of the chairman, it is necessary or convenient to meet elsewhere. A change in domicile of the board may be made by a two-thirds affirmative vote of the entire board at a regular meeting.

Acts 1980, No. 568, §1; Acts 1991, No. 472, §1; Acts 1995, No. 666, §3; Acts 1999, No. 396, §1; Acts 2010, No. 252, §1.
La. Rev. Stat. § 37:979 — LA Code / Code revised-statutes / Title 37 / Section 979
Exemptions
Status: in_force

The provisions of this Part shall not apply to:

(1) The nursing by friends or members of the family; or

(2) The incidental care of the sick by domestic servants or persons primarily employed as housekeepers or otherwise as long as they do not practice as practical nurses; or

(3) The giving of practical nursing assistance in the case of emergency; or

(4) Practical nursing by students enrolled in accredited schools of practical nursing by students in training in clinics and hospitals, where nursing is part of the prescribed courses for the students; or

(5) Service by auxiliary workers in hospitals or institutions if the service is supervised by a licensed physician; or

(6) The practice of Christian Science or religious rules or ceremonies as a form of religious worship, devotion or healing if the person administering or making use of, or assisting or prescribing, relies on faith and prayer alone, and does not prescribe or administer drugs or medicine, or assist in surgical or physical operations, assume the title of, or hold himself out to be a practical nurse.

Amended by Acts 1954, No. 315, §4.
La. Rev. Stat. § 37:3132 — LA Code / Code revised-statutes / Title 37 / Section 3132
Representation as to quality and price
Status: in_force

At all such sales by auction any licensee shall at all times truly and correctly represent to the public attending the auction the actual facts in respect to the quality and manufacture of the items being offered for auction. It shall be a violation of this Chapter for any licensee hereunder to place what is popularly known in the trade as fictitious price tags on items sold at any such auction.

Acts 1986, No. 564, §4, eff. July 2, 1986.
La. Rev. Stat. § 37:3714 — LA Code / Code revised-statutes / Title 37 / Section 3714
Fees
Status: in_force

A. All monies received by the board under this Section shall be paid into the treasury of the board.

B. Fees set by the board under the authority of this Chapter shall include fees for the following purposes which shall not exceed the maximum amounts listed below:

(1) For application for licensure $ 400

(2) For application for certification $ 250

(3) For application for registration $ 50

(4) For renewal of licensure $ 400

(5) For renewal of certification $ 250

(6) For renewal of registration $ 50

(7) For JE examination $ 75

(8) For late fees $ 50

(9) For reissuance of license or certificate $ 15

(10) For name changes on record $ 25

(11) For background check $ 50

(12) License verification $ 15

(13) Insufficient check fee $ 15

(14) For copies of documents in the board or committee's

possession $2 per page

(15) For temporary licensure $ 125

Acts 2013, No. 351, §2.

NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
La. Rev. Stat. § 37:837 — LA Code / Code revised-statutes / Title 37 / Section 837
Election of officers
Status: in_force

The board shall annually, at its first regular meeting, elect a president, a vice-president, a secretary and treasurer from the members of the board, which officers shall serve for one year or until their successors are elected and qualified.

Amended by Acts 1963, No. 12, §1.
La. Rev. Stat. § 37:3553 — LA Code / Code revised-statutes / Title 37 / Section 3553
Application of Chapter; exceptions and exemptions
Status: in_force

A. This Chapter shall apply to any person or massage establishment engaging in the practice of massage therapy within the state of Louisiana.

B.(1) This Chapter shall not apply to any services performed in hospitals licensed by the state.

(2) This Chapter shall also not apply to any of the following:

(a) Persons who are licensed, registered, or certified in another state, territory, the District of Columbia, or a foreign country when incidentally present in the state to teach a course of instruction related to massage and bodywork therapy as a continuing education course.

(b) Persons giving massage and bodywork to their immediate family without compensation.

(c) Persons incidentally present in the state to provide services as part of an emergency response team working in conjunction with relief officials during a disaster, provided such persons are properly licensed in the state from which they originate.

C. Nothing in this Chapter shall be construed as preventing or restricting the practice of any person licensed or certified in this state under any other law from engaging in the profession or occupation for which he is licensed or certified. However, a person licensed or certified in this state under any other law shall not hold himself out to the public as a licensed massage therapist under the provisions of this Chapter.

D. Nothing in this Title shall prohibit the board from adopting rules that are related to preventing fraud, abuse, human trafficking, or other criminal activity.

Acts 1992, No. 753, §2, eff. Sept. 1, 1992; Acts 1997, No. 567, §1, eff. July 3, 1997; Acts 2012, No. 605, §1, eff. Jan. 1, 2013; Acts 2021, No. 324, §2, eff. June 14, 2021; Acts 2025, No. 453, §1.
La. Rev. Stat. § 37:3159 — LA Code / Code revised-statutes / Title 37 / Section 3159
Classes of certificates; terms and renewals
Status: in_force

A. Certificates shall be either regular or conditional. A regular certificate shall allow an operator to operate any facility or system of the type for which the certificate is issued. A conditional certificate shall allow an operator to operate only the facility or system at which he is employed at the time of certification.

B. Operator certificates shall be valid for a period of four years. Recertification of an operator shall not be granted unless the operator has obtained continuing training as provided for by this Chapter.

C. Certification shall continue in effect as long as renewal fees are paid, continuing training requirements are met, and the certificate is not suspended or revoked by the board.

Added by Acts 1983, No. 543, §1.
La. Rev. Stat. § 37:71 — LA Code / Code revised-statutes / Title 37 / Section 71
Short title
Status: in_force

This Part shall be known and may be cited as the "Louisiana Accountancy Act".

Acts 1979, No. 510, §1; Acts 1991, No. 880, §1, eff. Jan. 1, 1992; Acts 1999, No. 473, §1, eff. June 18, 1999.
La. Rev. Stat. § 37:3391 — LA Code / Code revised-statutes / Title 37 / Section 3391
Short title
Status: in_force

This Chapter shall be known and may be cited as the "Louisiana Real Estate Appraisers Law".

Acts 1987, No. 472, §1; Acts 1995, No. 690, §2; Acts 2001, No. 833, §2.
La. Rev. Stat. § 37:1218.1 — LA Code / Code revised-statutes / Title 37 / Section 1218.1
Administration of immunizations and vaccines other than influenza immunizations
Status: in_force

A.(1) A pharmacist may administer to an individual age seventeen or older an immunization or a vaccine without a patient-specific prescription or medical order if the immunization or the vaccine is administered in conformance with the most current immunization administration protocol as set forth by the United States Centers for Disease Control and Prevention Advisory Committee on Immunization Practice. At the time that a pharmacist administers an immunization or vaccine in accordance with the provisions of this Section, the pharmacist shall also inform the individual that the administration of an immunization or vaccine in accordance with the provisions of this Section is not to be construed as being in lieu of an annual checkup with the individual's primary care or family physician.

(2) The pharmacist shall report each immunization to the Louisiana Department of Health, office of public health's Louisiana Immunization Network for Kids Statewide at the time of the immunization or as soon as reasonably practicable thereafter, as this is the official state vaccination record.

(3) The pharmacist shall report all adverse events he observes or which are reported to him to the Vaccine Adverse Event Reporting System, the cooperative program of the United States Centers for Disease Control and Prevention and the United States Food and Drug Administration for vaccine safety, or its successor program; and further, the pharmacist shall refer the patient with an adverse event to an immunization for appropriate medical care.

(4) The pharmacist shall maintain for at least two years a record of each immunization administered.

(5) The pharmacist shall obtain the appropriate credentials to administer immunizations from the board, as administratively defined, prior to administering any such immunization.

(6) The pharmacist shall request the name of a patient's primary care provider prior to the administering of any immunization. If the patient identifies such primary care provider to the pharmacist, the pharmacist shall notify the primary care provider, by written or electronic communication, as soon as reasonably possible thereafter that the immunization was administered.

B. This Section shall not apply to the administering of an immunization pursuant to R.S. 37:1218.

Acts 2012, No. 651, §1; Acts 2014, No. 769, §1; Acts 2022, No. 271, §2.
La. Rev. Stat. § 37:795 — LA Code / Code revised-statutes / Title 37 / Section 795
Fees and costs
Status: in_force

A. The board is authorized, by rule, in accordance with the Administrative Procedure Act, to establish fees and costs to be imposed for the purpose of implementing and enforcing the provisions of this Chapter. However, the board may, by a majority vote, reduce the amount of or waive the collection of any such fees. The fees established under the provisions of this Section shall be paid to the secretary-treasurer.

B. Notwithstanding any other provision of this Chapter, the fees and costs established by the board shall be not less nor more than the range created by the following schedule:

(1)Miscellaneous fees and costsMinimumMaximum

(a) Photocopies of documents $ .50 $ 1.00

per page

(b) Certification of document $ 5.00 $ 10.00

as true copy

(c) Certification of document $ 5.00 $ 10.00

as official record

(d) Certification of good-standing $ 20.00 $ 40.00

license

(e) Official list of all licensed dentists $ 500.00 $ 1,000.00

(f) Official list of all licensed dental $ 500.00 $ 1,000.00

hygienists

(g) Up to one-half of an official $ 250.00 $ 500.00

list of all licensed dentists or

all licensed dental hygienists

(h) Handling and mailing per page $ 1.00 $ 2.00

(i) Bound copy of Dental Practice Act $ 35.00 $ 45.00

(j) Unbound copy of Dental Practice Act $ 25.00 $ 35.00

(k) Criminal history background check $ 50.00 $ 150.00

(l) Retired volunteer dental license $ 50.00 $ 200.00

(m) Expanded Duty Dental certificate

confirmation $ 100.00 $ 200.00

(n) Review of proposed advertising $ 150.00 $ 300.00

(o) Retired volunteer dental hygienist license $ 35.00

(2) Licenses, permits, and examinations for dentists

(a) (i) Examination and licensing

of dental applicants $ 300.00 $ 1,200.00

(ii) Make-up examination per portion $ 150.00 $ 250.00

(iii) Licensing of dental applicants $ 300.00 $ 800.00

who have successfully completed

an examination administered by

another jurisdiction which is

accepted by the board

(iv) Provisional dental license

during emergency $ 100.00 $ 300.00

(b) Temporary dental license $ 100.00 $ 200.00

(c) Issuance of a restricted license $ 200.00 $ 400.00

(excluding advanced education

students and dental residents)

(d) Biennial renewal fee for dental $ 100.00 $ 600.00

license

(e) Annual or biannual renewal fee $ 100.00 $ 300.00

for restricted dental license

(excluding advanced education

students and dental residents)

(f) Replacement of dental license, $ 50.00 $ 100.00

certificate, or temporary permit

(g) Delinquency fee in addition to $ 250.00 $ 400.00

renewal fee for any dental license

(h) Reinstatement of a license which $ 500.00 $ 800.00

has been suspended, revoked, or

which has lapsed by nonrenewal

(i) Restricted dental license, advanced

education students and dental residents:

(i) For period July 1 - December 31 $ 100.00 $ 200.00

(ii) For each full year (January 1 - $ 200.00 $ 400.00

December 31 thereafter)

(iii) For period January 1 - June 30 $ 100.00 $ 200.00

(j) Dental application and licensure $ 1,500.00 $ 3,000.00

by credentials (nonrefundable)

(k) Application and permitting for $ 250.00 $ 250.00

mobile or movable dental office

(l) Biennial renewal of mobile or $ 400.00 $ 400.00

movable dental office permit

(m) Application and permitting $ 50.00 $ 500.00

for general or parenteral

anesthesia permit

(n)Application and permitting $ 50.00$100.00

for nitrous oxide permit

(o) Renewal of nitrous oxide $ 50.00 $ 100.00

anesthesia permit

(p) Renewal of general sedation $ 100.00 $ 300.00

and parenteral anesthesia

permits

(q) Application and permitting for $ 100.00 $ 400.00

enteral moderate sedation

(r) Renewal of enteral sedation permit $ 50.00 $ 100.00

(s) Application and permitting for $ 100.00 $ 400.00

pediatric moderate sedation permit

(t) Renewal of pediatric conscious $ 50.00 $ 100.00

sedation permit

(u) Expungement of first time

advertisement violations $ 500.00 $ 1,000.00

(v) Fee to support well-being program $ 25.00 $ 50.00

(3) Licenses, permits, and examinations

for dental hygienists

(a) (i) Examination and licensing of $ 100.00 $ 400.00

dental hygienist applicants

(ii) Make-up examination per portion $ 50.00 $ 100.00

(iii) Licensing of dental hygeine $ 100.00 $ 500.00

applicants who have successfully

completed an examination

administered by another jurisdiction

which is accepted by the board

(iv) Provisional dental hygiene license $ 10.00 $ 300.00

during emergency

(b) Temporary dental hygienist $ 100.00 $ 200.00

permit

(c) Biennial renewal fee for dental $ 30.00 $ 200.00

hygienist license

(d) Replacement or duplicate dental $ 50.00 $ 100.00

hygienist license, certificate, or

temporary permit

(e) Delinquency fee in addition to $ 100.00 $ 200.00

renewal fee for any dental

hygienist license

(f) Reinstatement of a dental $ 250.00 $ 500.00

hygienist license which has

been suspended, revoked,

or which has lapsed by

nonrenewal

(g) Dental hygiene application $ 600.00 $ 1,500.00

and licensure by credentials

(nonrefundable)

(h) Examinations and permitting $ 50.00 $ 50.00

of dental hygiene applicants

for administration of local

anesthesia

(i) Renewal fee for dental hygienist's $ 50.00 $ 50.00

administration of local anesthesia

(j) Examinations and permitting of $ 50.00 $ 50.00

dental hygiene applicants for

administration of nitrous oxide

anesthesia

(k) Renewal fee for dental hygienists' $ 50.00 $ 50.00

administration of nitrous oxide

anesthesia

(l) Criminal history background check $ 50.00 $ 150.00

(m) Fee to support well-being program $ 5.00 $ 15.00

C. All Louisiana candidates for licensure who take national or regional clinical licensing examinations shall pay the examination fees directly to the examining agency administering such clinical examinations.

Acts 1997, No. 634, §1; Acts 1999, No. 1287, §1; Acts 2001, No. 635, §1; Acts 2005, No. 196, §1; Acts 2006, No. 167, §1; Acts 2006, No. 329, §1; Acts 2008, No. 906, §1; Acts 2012, No. 407, §1; Acts 2012, No. 485, §1; Acts 2015, No. 214, §1; Acts 2020, No. 188, §1.
La. Rev. Stat. § 37:3477 — LA Code / Code revised-statutes / Title 37 / Section 3477
Authorization to obtain criminal history record information
Status: in_force

A. The board may require that the applicant, designated responsible party, and any owners provide written consent to the board to request and obtain state and national criminal history record information as a condition for consideration of the licensure application.

B. The board may charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information.

C. The board shall provide each applicant with a copy of the written standards specifying the requirements that shall be met by an applicant and the grounds on which a license may be denied or revoked.

D. Pursuant to this Section, or any other law or board rules or regulations promulgated and adopted by the board, the board may request and obtain state and national criminal history record information from the bureau and the FBI relative to any applicant, designated responsible party, or owner whose fingerprints the board has obtained for the purpose of determining an applicant's suitability and eligibility for licensure.

E. Upon request by the board and upon the board's submission of fingerprints and other identifying information as may be required, the bureau shall conduct a search of its criminal history record information relative to the applicant, designated responsible party, or owner and report the results of its search to the board within sixty days from receipt of any such request. The bureau may charge the board a processing fee pursuant to R.S. 15:587 for conducting and reporting on any such search.

F. If the criminal history record information reported by the bureau to the board does not provide grounds for disqualification of the applicant for licensure, the board shall have the authority to forward the fingerprints and other identifying information as may be required to the FBI with a request for a search of national criminal history record information.

G. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant's eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the individual or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

Acts 2008, No. 597, §1; Acts 2015, No. 443, §1, eff. July 1, 2015.
La. Rev. Stat. § 37:577 — LA Code / Code revised-statutes / Title 37 / Section 577
Information not to be divulged
Status: in_force

No member of the board nor any officer, agent, or employee thereof shall divulge to any person the contents of any document, paper, or record examined by him in the performance of his duties under this Chapter or any information obtained by him in the course of his investigations except when necessary to carry out the purposes of this Chapter.

Acts 2001, No. 907, §2, eff. June 26, 2001.
La. Rev. Stat. § 37:2713 — LA Code / Code revised-statutes / Title 37 / Section 2713
License; certificate; registration
Status: in_force

The board shall issue a license, certificate, or registration signed by the chair and vice chair of the board whenever an applicant for certification, licensure, or registration successfully qualifies therefor as provided in this Chapter.

Added by Acts 1972, No. 706, §1; Acts 1999, No. 1309, §7, eff. Jan. 1, 2000; Acts 2010, No. 880, §1, eff. Jan. 1, 2011; Acts 2021, No. 215, §1, eff. Jan. 1, 2022.
La. Rev. Stat. § 37:3665 — LA Code / Code revised-statutes / Title 37 / Section 3665
Termination date
Status: in_force

Implementation of the Louisiana Military Medics and Corpsmen Pilot Program shall terminate on December 31, 2020.

Acts 2017, No. 1, §1.
La. Rev. Stat. § 37:3211 — LA Code / Code revised-statutes / Title 37 / Section 3211
Licensure
Status: in_force

The board shall issue a license to and authorize the use of the title "Licensed Radiologic Technologist" by each applicant who has successfully passed the certification examination or has otherwise been qualified under the provisions of this Chapter and has paid all fees required by this Chapter.

Acts 1984, No. 485, §1; Acts 2014, No. 250, §1.
La. Rev. Stat. § 37:3123 — LA Code / Code revised-statutes / Title 37 / Section 3123
Violations; penalties
Status: in_force

A. Any person who engages in auctions without a valid license violates this Chapter.

B. Any person who violates any provisions of this Chapter or any rules and regulations adopted under its authority shall be fined not more than five hundred dollars or imprisoned not more than six months, or both, for each such violation. Each individual sale or act in connection with the conduct of an auction in violation of any provisions of this Chapter shall constitute a separate offense and violation of this Chapter.

Added by Acts 1983, No. 508, §5. Acts 1986, No. 564, §3, eff. July 2, 1986.
La. Rev. Stat. § 37:3281 — LA Code / Code revised-statutes / Title 37 / Section 3281
Posting; unlawful posting; surrender of license
Status: in_force

A.(1) Within seventy-two hours after receipt of the license certificate, the licensee shall cause the license certificate to be posted and to be displayed at all times in a conspicuous place in the principal office of the licensee within the state.

(2) Copies of the license certificate shall be displayed at all times in any other office within the state where the licensee transacts business.

(3) Such license certificates, or copies thereof, shall be subject to inspection at all reasonable times by the board.

B. It shall be unlawful for any person holding such a license certificate knowingly and willfully to post such license certificates, or permit such license certificate to be posted, upon premises other than those described in the license certificate, or knowingly and willfully to alter such license certificate.

C.(1) Each license certificate shall be surrendered to the board within seventy-two hours after it has been revoked or after the licensee ceases to do business.

(2) If, however, the board or a court of competent jurisdiction has pending before it any matter relating to the renewal, revocation, or transfer of a license, the licensee shall not be required to surrender the license until the matter has been adjudicated and all appeals have been exhausted.

(3) REPEALED BY ACTS 1991, NO. 315, §2.

Acts 1984, No. 505, §1, eff. Jan. 1, 1985; Act 1991, No. 315, §2.
La. Rev. Stat. § 37:1446 — LA Code / Code revised-statutes / Title 37 / Section 1446
Compensation; independent contractor status of salespersons and associate brokers
Status: in_force

A. No payment of a commission or compensation shall be made by any licensee or registrant to any person who has not first secured a license or registration under the provisions of this Chapter. This Subsection shall not apply to a nonresident broker who is currently licensed in his state of residence.

B. No payment of a commission or other compensation shall be made by any broker to any licensee when the paying broker has knowledge that the receiving licensee has agreed to pay or intends to pay or otherwise deliver a portion of the commission or compensation to an unlicensed person or entity.

C. Associate brokers, salespersons, and timeshare interest salespersons shall not pay or offer to pay any commission or valuable consideration for the performance of any act herein specified.

D. Payment of a commission or compensation may be made to and accepted by former licensees and registrants for transactions negotiated by them while duly licensed or registered by the commission.

E. An active licensee may accept compensation for transactions that were initiated by the licensee while under sponsorship of a former sponsoring or qualifying broker, provided that the compensation is transmitted through the current sponsoring or qualifying broker.

F. An active real estate licensee shall not accept a commission or other valuable consideration for the performance of any act herein specified, or for performing any act relating thereto, from any person, except their sponsoring or qualifying broker.

G. Associate brokers and salespersons may assign or direct that commissions or other compensation earned in connection with a real estate transaction be paid by their licensed sponsoring broker to an unlicensed corporation of which the associate broker or salesperson is the sole officer, director, and shareholder, or an unlicensed limited liability company of which the associate broker or salesperson is the sole manager.

H. A sponsored real estate licensee shall be an independent contractor of the sponsoring or qualifying broker for all purposes and shall not be an employee of the sponsoring or qualifying broker, if all of the following conditions are met:

(1) The real estate salesperson or associate broker is a licensee.

(2) Substantially all of the sponsored licensee's remuneration for the services performed is directly related to sales or other output rather than the number of hours worked.

(3) There is a written agreement between the sponsored licensee and the sponsoring or qualifying broker that specifies that the sponsored licensee will not be treated as an employee.

Acts 1978, No. 514, §1; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1995, No. 1207, §1; Acts 1997, No. 845, §1; Acts 1999, No. 452, §2; Acts 2003, No. 321, §1; Acts 2006, No. 332, §1, eff. July 1, 2006; Acts 2016, No. 533, §1.
La. Rev. Stat. § 37:1360.104.1 — LA Code / Code revised-statutes / Title 37 / Section 1360.104.1
Authorization to obtain criminal history record information
Status: in_force

A. As used in this Section, the following terms shall have the following meaning:

(1) "Applicant" means an individual who has made application to the board for the issuance or reinstatement of any license, registration, certificate, permit, or any other designation considered necessary to engage in the practice of genetic counseling in this state that the board is authorized by law to issue.

(2) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.

(3) "Criminal history record information" means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.

(4) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.

(5) "Licensure" means the granting of any license, permit, certification, or registration that the board is authorized to issue pursuant to this Part.

B. In addition to any other requirements established by regulation, the board shall require an applicant, as a condition of licensure:

(1) To submit a full set of fingerprints, in a form and manner prescribed by the board.

(2) To permit the board to request and obtain state and national criminal history record information on the applicant.

(3) To pay, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.

C. In accordance with the provisions and procedures prescribed by this Section, the board shall request and obtain state and national criminal history record information from the bureau and the FBI relative to any applicant for licensure whose fingerprints the board has obtained pursuant to this Section for the purpose of determining the applicant's suitability and eligibility for licensure.

D. Upon request by the board and upon the board's submission of an applicant's fingerprints and such other identifying information as may be required, the bureau shall conduct a search of its criminal history record information and make a simultaneous request of the FBI relative to the applicant and report the results of its search to the board within sixty days from receipt of any such request. The bureau may charge the board a processing fee for conducting and reporting on any such search.

E. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be considered nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys for the purpose of evaluating the applicant's eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

Acts 2019, No. 265, §1.
La. Rev. Stat. § 37:3515 — LA Code / Code revised-statutes / Title 37 / Section 3515
Training of investigators; requirements
Status: in_force

A. The board shall approve all training programs.

B. All training required by this Chapter shall be administered by a licensee who:

(1) Is approved by the board.

(2) Meets the qualifications of an applicant required by R.S. 37:3507.

(3) Has a minimum of three years supervisory experience with a contract investigator company or proprietary investigator organization.

Acts 1992, No. 245, §2.
La. Rev. Stat. § 37:1894 — LA Code / Code revised-statutes / Title 37 / Section 1894
Exceptions
Status: in_force

The provisions of this Part shall not apply to either of the following:

(1) A dealer licensed by the Louisiana Motor Vehicle Commission.

(2) A person possessing not more than the used detached catalytic converters from one vehicle owned by the person.

Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
La. Rev. Stat. § 37:107 — LA Code / Code revised-statutes / Title 37 / Section 107
Waiver of review panel
Status: in_force

By written agreement of both parties, the use of the public accountant review panel may be waived.

Acts 1997, No. 747, §1.
La. Rev. Stat. § 37:3215 — LA Code / Code revised-statutes / Title 37 / Section 3215
Renewal of license
Status: in_force

A. Every person licensed under the provisions of this Chapter shall renew his license every two years. Upon the receipt of the application for renewal and the renewal fee, the board shall verify the accuracy of the application for renewal and issue to the applicant a certificate of renewal.

B. Renewal of a license issued under this Chapter may be contingent upon the fulfillment of continuing education requirements as promulgated by the board.

Acts 1984, No. 485, §1.
La. Rev. Stat. § 37:1703 — LA Code / Code revised-statutes / Title 37 / Section 1703
Penalty
Status: in_force

Whoever violates the provisions of R.S. 37:1701 or 37:1702, shall be fined not less than five dollars nor more than twenty-five dollars, or imprisoned for not less than ten days nor more than thirty days, or both.
La. Rev. Stat. § 37:1970 — LA Code / Code revised-statutes / Title 37 / Section 1970
Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge
Status: in_force

A. Every operator shall obtain a signed statement from the seller that the scrap metal has been paid for or is owned by the seller, and a failure of the operator to exact a statement from the seller shall be prima facie evidence of the fraudulent intent and guilty knowledge on the part of the operator within the meaning of this Chapter, sufficient to warrant a conviction.

B. In transactions involving railroad track materials, an operator shall require the party seeking to sell or dispose of the materials to furnish a signed statement from the appropriate railroad company consenting to the sale of the railroad track materials identified in the statement, which shall be retained by the operator. The statement shall include the name of the railroad company consenting to the sale and the name, employee number, and phone number of the person signing the statement authorizing the sale. The operator shall attempt to verify the authenticity of the statement authorizing the sale of the railroad track materials.

C.(1) An operator shall not purchase any of the following materials without first receiving a signed statement from the company or governmental entity owning the materials and consenting to the sale of the materials identified in the statement:

(a) Infrastructure grade regulated material that has been burned to remove insulation, unless the seller can produce written proof that the regulated material was lawfully burned.

(b) Burnt wire.

(c) Regulated material where the manufacturer's make, model, serial or personal identification number, or other identifying marks engraved or etched upon the material have been conspicuously removed or altered.

(d) Regulated material marked with the name, initials, or otherwise identified as the property of an electrical company, a telephone company, a cable company, a water company or other utility company, or a governmental entity.

(e) A utility access cover.

(f) A water meter cover.

(g) A road or bridge guard rail.

(h) A highway or street sign.

(i) A traffic directional or control sign or signal.

(j) A metal beer keg that is clearly marked as being the property of the beer manufacturer.

(k) A catalytic converter that is not part of an entire motor vehicle.

(2) The statement shall include the name of the company or governmental entity consenting to the sale and the name, employee number, and phone number of the person signing the statement authorizing the sale. The operator shall attempt to verify the authenticity of the statement authorizing the sale of the materials. The statement shall be retained by the operator.

D. An operator who obtains the required statement from the seller shall be exonerated from any fraudulent, willful, or criminal knowledge within the meaning of this Chapter.

Acts 2012, No. 827, §1, eff. June 14, 2012.
La. Rev. Stat. § 37:3133 — LA Code / Code revised-statutes / Title 37 / Section 3133
Conduct of auction
Status: in_force

At any auction to be conducted pursuant to this Chapter, the auctioneer, prior to offering the goods for sale, shall announce in a loud, clear voice the identifying inventory number of each article and shall again immediately after it is sold announce its identifying number and state the amount for which the item is sold. No auctioneer shall sell or offer for sale at any such sale by auction any goods, wares, or merchandise that have been falsely described or concerning which any untruthful statement has been made as to the character, quality, kind, description, or cost.

Acts 1986, No. 564, §4, eff. July 2, 1986.
La. Rev. Stat. § 37:1266 — LA Code / Code revised-statutes / Title 37 / Section 1266
Meetings of board
Status: in_force

The board shall hold at least one regular meeting each year and special meetings as are necessary. A special meeting of the board may be called by the president at any place when a majority of the board, or its president, deems it expedient.

Acts 1975, No. 350, §1; Acts 2001, No. 17, §1, eff. May 17, 2001.
La. Rev. Stat. § 37:686 — LA Code / Code revised-statutes / Title 37 / Section 686
Removal of members for cause
Status: in_force

A. The governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor, as provided in R.S. 37:683. Before the governor can remove a member for cause, he must serve the member with a written statement of charges against him and afford him an opportunity to be heard publicly on such charges. If the member thus served does not request a public hearing within ten days after service, the governor may proceed with his removal. If the member does request such a public hearing, it shall be heard by a special committee composed of three persons as follows:

(1)(a) If the member requesting the hearing is a professional engineer, a professional engineer appointed by the president of the Louisiana Engineering Society shall serve on the committee and shall be the chairman.

(b) If the member requesting the hearing is a professional land surveyor, a professional land surveyor appointed by the president of the Louisiana Society of Professional Surveyors shall serve on the committee and shall be the chairman.

(2) Two deans from Louisiana colleges of engineering that have Accreditation Board for Engineering and Technology, Inc., approved curricula to be chosen by the board.

B. The recommendation of this committee shall be binding upon the governor. A copy of the charges, a transcript of the record of the hearing, and a copy of the recommendation shall be filed with the secretary of state.

Acts 1980, No. 568, §1; Acts 1999, No. 396, §1; Acts 2020, 2 nd Ex. Sess., No. 2, §1, eff. Jan. 1, 2021.
La. Rev. Stat. § 37:341 — LA Code / Code revised-statutes / Title 37 / Section 341
Board of Barber Examiners
Status: in_force

A.(1) The Board of Barber Examiners, hereinafter referred to as the board, is hereby created. The board shall consist of five members appointed by the governor, each of whom shall be a practical barber who has followed the occupation of barbering in this state for five years continuously and in his district for two years prior to his appointment.

(2) One member shall be appointed from each public service commission district in the following manner:

(a) The Louisiana State Association of Journeymen Barbers, Hair Dressers, Cosmetologists, and Proprietors shall submit to the governor a list of three names for each vacancy that may exist on the board, one of whom shall be a member of a racial minority and a member of the nominating organization.

(b) When more than one vacancy exists at the same time, the name of any person may not appear on more than one list.

(c) Upon receipt of the lists, the governor shall select and appoint one member.

B. Each appointment by the governor shall be submitted to the Senate for confirmation.

C. The governor shall designate one member to serve as chairman of the board.

D. The members of the board shall serve staggered terms of six years. However, no member shall serve more than two consecutive terms.

E. A vacancy occurring on the board for any reason shall be filled in the same manner as the original appointment.

Acts 1964, No. 309, §1. Amended by Acts 1975, No. 815, §1; Acts 1977, No. 275, §1, eff. July 7, 1977. Acts 1984, No. 238, §1. Acts 1984, No. 399, §1, eff. July 6, 1984; Acts 1995, No. 226, §1, eff. July 1, 1995.

NOTE: See Acts 1995, No. 226, §2, eff. July 1, 1995.
La. Rev. Stat. § 37:1310 — LA Code / Code revised-statutes / Title 37 / Section 1310
Enforcement
Status: in_force

A. A rural hospital in whose primary service area a healthcare facility is located may bring an action for declaratory and injunctive relief, including a temporary restraining order, preliminary injunction and permanent injunction against any person or entity that violates the provisions of R.S. 37:1308. The court shall not require that a rural hospital post bond in such an action. Such action shall be brought in state court in the state judicial district in which the rural hospital is located. The rural hospital shall be entitled to attorney fees and court costs if the court rules that the person against which suit was filed violated the provisions of R.S. 37:1308.

B. A person that is billed for healthcare services in a manner inconsistent with R.S. 37:1308 may bring an action for damages against the person that violated R.S. 37:1308. Such action shall be brought in state court in the state judicial district in which the plaintiff resides. The plaintiff shall be entitled to attorney fees, court costs, and damages in the amount of twice the amount billed if the court rules that the person against which suit was filed violated the provisions of R.S. 37:1308.

Acts 2006, No. 819, §1.
La. Rev. Stat. § 37:613 — LA Code / Code revised-statutes / Title 37 / Section 613
Qualifications of applicants
Status: in_force

A. Any person who wishes a license to practice podiatry must:

(1) Be at least twenty-one years of age.

(2) Be a citizen of the United States.

(3) Be of good moral character.

(4) Present to the board a diploma or certificate of graduation from a school or college of podiatry approved by the Louisiana State Board of Medical Examiners.

(5) Complete a minimum of one year in a post graduation training program accredited by the Council of Podiatric Medical Education of the American Podiatric Medical Association and approved by the board.

(6) Pass an examination from the board that shall be written, oral, or clinical or any combination thereof as determined by the board.

B. The examination given by the board shall be based upon subjects taught in an approved college of podiatry.

Acts 1970, No. 585, §1; Acts 2001, No. 195, §1.
La. Rev. Stat. § 37:3073 — LA Code / Code revised-statutes / Title 37 / Section 3073
Renewal of license
Status: in_force

A.(1) Each license to practice electrology in this state shall be renewed annually on or before December first of each year upon application therefor accompanied by the renewal fee prescribed in R.S. 37:3072(A) and, beginning December 31, 1999, proof that the applicant has completed at least three hours of continuing education approved by the board. The board may grant an extension of up to six months for completion of the continuing education requirements to any person who applies to the board in writing for an extension and shows good cause.

(2) In addition to the continuing education requirements of Paragraph (1) of this Subsection, license renewal for an instructor's license shall include completion of an additional two hours of continuing education approved by the board. The board may grant an extension of up to six months for completion of the continuing education requirements to any person who applies to the board in writing for an extension and shows good cause.

B.(1) When any electrologist, electrologist technician, instructor, electrology school, or electrologist apprenticeship program licensed hereunder fails to register and pay the annual registration fee within thirty days after the registration fee becomes due, the license or certificate of such person, school, or electrologist apprenticeship program shall be revoked automatically at the expiration of thirty days after the registration was required, without further notice or hearing. However, any person, school, or electrologist apprenticeship program whose license or certificate is automatically revoked as provided herein may, within three years of the date of revocation, make application in writing to the board for the reinstatement of such license or certificate and, upon good cause being shown, the board in its discretion may reinstate such license or certificate upon payment of all past due renewal fees and the payment of an additional sum of fifty dollars. The board may require as a condition of reinstatement that the person complete all or some of the past continuing education requirements within twelve months of reinstatement of the license.

(2) Any person, electrology school, or electrologist apprenticeship program who fails within three years after revocation of a license or certificate to make written application to the board for reinstatement must reapply to the board and pay all fees as required under the provisions of this Chapter and the rules and regulations adopted pursuant thereto. Any electrologist, instructor, or electrologist technician who fails within three years after revocation to make written application for reinstatement must also successfully complete a written and practical examination prior to reinstatement.

Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1983, No. 605, §1; Acts 1993, No. 819, §1; Acts 1999, No. 530, §1, eff. Aug. 1, 1999; Acts 2001, No. 792, §1.
La. Rev. Stat. § 37:3387.6 — LA Code / Code revised-statutes / Title 37 / Section 3387.6
Certified compulsive gambling counselor
Status: in_force

A. The legislature finds that addiction counseling is an effective and necessary component in the continuum of addictive disorder treatment and services. In order to better provide for the health and welfare of the citizens of this state, the legislature desires to enhance compulsive gambling counseling services by providing for a certification for compulsive gambling counselors.

B. The board shall adopt and promulgate rules which shall provide for the certification of compulsive gambling counselors in accordance with this Chapter.

C. Any person seeking to be recognized by the board as a certified compulsive gambling counselor shall hold the valid and current necessary credential of licensed, certified, or registered addiction counselor or hold the valid and current necessary credential of a qualified mental health professional. In addition, the candidate shall complete the minimum educational hours provided for in this Chapter. Any candidate holding the necessary credential who has completed the educational hours required may submit an application on a form and in a manner prescribed by the board. Documentation of the necessary credential and completion of the required educational hours shall accompany the application. The application shall also be accompanied by a fee as provided for in this Chapter.

D. Upon investigation of the application, the board shall, within thirty days, notify each candidate that the application is satisfactory and accepted or unsatisfactory and rejected. If the application is rejected, the notice shall state the reason for such rejection.

E. The board shall recognize as a certified compulsive gambling counselor each candidate who:

(1) Is a licensed, certified, or registered addiction counselor, or who is a qualified mental health professional.

(2) Is not in violation of any ethical standards subscribed to by the board.

(3) Does not have any pending disciplinary action with the board, or, in the case of a qualified mental health professional, with the appropriate regulatory board.

(4) Is not a defendant in any pending felony criminal proceedings.

(5) Has successfully completed a minimum of sixty educational hours, approved by the board, specific to addiction.

(6) Has successfully completed a minimum of thirty educational hours, approved by the board, specific to gambling addiction.

(7) Has not been convicted of or entered a plea of guilty or a plea of nolo contendere to a felony.

F. Each compulsive gambling counselor candidate shall sign a form prescribed by the board authorizing the board to obtain a criminal history or to conduct a criminal background check.

G.(1) Each applicant shall demonstrate professional competence in compulsive gambling counseling by passing a written examination.

(2) The board shall determine the scope and administration of the examination.

(3) The board may provide for circumstances under which a candidate who fails the examination, but who meets all other requirements, may retake the examination.

(4) The board shall make reasonable accommodations for those candidates who demonstrate a special need or disability.

H. The scope of practice for a certified compulsive gambling counselor shall be consistent with the scope of practice for the necessary credential supporting the certification. A certified compulsive gambling counselor may not practice or provide gambling counseling services to any member of the public or hold himself out as a compulsive gambling counselor without a valid and current necessary credential as provided for in this Chapter.

I. The board shall revoke the certification for gambling counseling of any person who does not maintain the valid and current necessary credential of licensed, certified, or registered addiction counselor or qualified mental health professional.

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.
La. Rev. Stat. § 37:3415.10 — LA Code / Code revised-statutes / Title 37 / Section 3415.10
License application assessment; delinquent renewal
Status: in_force

A. When accepting an application for an initial or renewal license, the board is authorized to collect an assessment not in excess of one thousand five hundred dollars.

B. If the license renewal is delinquent, the board is further authorized to collect a delinquent renewal assessment as follows:

(1) If the renewal application is submitted during the period of January first to February fifteenth, an amount not in excess of one hundred fifty dollars.

(2) If the renewal application is submitted during the period of February sixteenth to June thirtieth, an amount not in excess of three hundred dollars.

C. If an initial license is issued after January first of any year, the assessment shall be prorated to the remaining portion of the year ending December thirty-first.

D. Repealed by Acts 2025, No. 263, §2, eff. June 11, 2025.

Acts 2011, No. 114, §1; Acts 2013, No. 31, §1, eff. May 29, 2013; Acts 2016, No. 259, §1; Acts 2017, No. 11, §1; Acts 2019, No. 252, §1; Acts 2022, No. 415, §1, eff. June 15, 2022; Acts 2025, No. 263, §2, eff. June 11, 2025.

NOTE: See Acts 2011, No. 114, §§2, 3, relative to licenses issued on or after certain dates.
La. Rev. Stat. § 37:2154 — LA Code / Code revised-statutes / Title 37 / Section 2154
Meetings; compensation; quorum; books and records; audit report
Status: in_force

A. The board shall have at least one regular meeting per month on dates and times designated by the chairman unless, for good cause, a monthly meeting cannot be held. Notice of board meetings shall be posted on the board's official website and at the board office at least ten days prior to the date when the board is to meet.

B. Before a special meeting may be held, notice stating the time, place, and purpose of the meeting shall be sent by the chairman or vice chairman of the board by electronic means to the members of the board, at least three days before the date of the meeting.

C. Each member of the board shall be reimbursed when actually in attendance of a board meeting or when he is required to travel for the official authorized business of the board, not more than seventy-five dollars per day plus actual expenses and mileage to and from his domicile to the place of meeting at the same rate of reimbursement set by the division of administration for state employees under the provisions of R.S. 39:231.

D. Ten members of the board shall constitute a quorum, which shall be sufficient for the board to conduct business, regardless of the total number of members appointed.

E. There shall be no voting by proxy.

F. The treasurer shall be responsible for receiving and accounting for all money derived from the operation of this Chapter.

G. The board shall maintain a roster showing the names and places of business of all licensed contractors. The roster shall be maintained and available on the board's official website.

H. The secretary of the board shall oversee and attest to the minutes of each meeting. Copies shall be made available to each board member and to the public upon adoption of the minutes at the next scheduled meeting of the board.

I. Within one hundred fifty days of the last day of each calendar year, a certified public accounting firm approved by the state official charged with the auditing of public records and accounts shall audit the financial records of the board and submit the report of his audit to the legislative auditor and shall file a copy of his audit with the secretary of state to be attached to the report of the board on file.

Added by Acts 1956, No. 233, §4; Amended by Acts 1960, No. 455, §1; Acts 1962, No. 184, §1; Acts 1964, No. 113, §4; Acts 1974, No. 684, §1; Acts 1981, No. 668, §1; Acts 1984, No. 51, §1; Acts 1984, No. 915, §1; Acts 1984, No. 916, §1, eff. July 20, 1984; Acts 1985, No. 599, §1; Acts 1989, No. 559, §1; Acts 1992, No. 344, §1; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 2018, No. 529, §1; Acts 2019, No. 371, §1; Acts 2022, No. 195, §1.

{{NOTE: SEE ACTS 1984, NO. 916, §2.}}
La. Rev. Stat. § 37:1059 — LA Code / Code revised-statutes / Title 37 / Section 1059
Display of certificate
Status: in_force

Every licensed optometrist shall display in his place of business the certificate issued by the board.