La. Rev. Stat. § 37:3462 — LA Code / Code revised-statutes / Title 37 / Section 3462
Definitions
Status: in_force

As used in this Chapter:

(1) "Applicant" means a person who applies for licensure as a legend drug or legend device distributor.

(2) "Board" means the Louisiana Board of Drug and Device Distributors.

(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 persons 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 person in the criminal justice system.

(5) "Designated responsible party" means a natural person designated by the applicant or licensee as responsible for facility operations of the applicant or licensee facility.

(6) "Distribution" means the sale or facilitation of delivery of legend drugs or legend devices to a person other than the consumer or patient, including but not limited to distribution by manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors.

(7) "Distributor" means any person engaged in distribution, including but not limited to manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors.

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

(9) "Legend device" means any device intended for use by humans that carries on its label "Rx", "Rx only", a designation for physician use only, or a statement that federal law restricts the device to sale by or on the order of a licensed health care practitioner.

(10) "Legend drug" means any drug intended for use by humans that carries on its label any of the following: "Caution: Federal law prohibits dispensing without a prescription", "Rx", or "Rx Only".

(11) "Licensure" means any license, permit, or registration that the board is authorized by law to issue.

(12) "Manufacturer" means any of the following:

(a) A person who manufactures legend drugs or legend devices and includes a labeler or distributor.

(b) A person who prepares legend drugs in dosage form by mixing, compounding, encapsulating, entableting, or by other processes.

(c) A person who manufactures, assembles, processes, or modifies legend devices.

(d) An affiliate of a person described in Subparagraph (a), (b), (c), or (f) of this Paragraph that receives the legend drugs or legend devices directly from a person described in this Subparagraph or Subparagraph (a), (b), (c), or (f) of this Paragraph.

(e) A co-licensed partner of the person described in Subparagraph (a), (b), (c), or (f) of this Paragraph that obtains the legend drugs or legend devices directly from a person described in this Subparagraph or Subparagraph (a), (b), (c), or (f) of this Paragraph.

(f) A person who holds an approved new drug application under the United States Food and Drug Administration or holds a biologics license issued by the United States Food and Drug Administration for such product; or, if such product is not the subject of an approved application or license, the person who manufactured the product.

(13) "Owner" means a natural person who owns greater than a ten percent interest in the distributor.

(14) "Person" means a natural or juridical person, including a proprietorship, partnership, corporation, limited liability company, trust, business firm, association, franchise arrangement, combination of any of these entities, or any other legal entity.

(15) "Prescription drug" means a drug for human use which, because of its toxicity or other potentiality for harmful effects, the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or a drug which is limited by a United States Food and Drug Administration new drug application to use under the professional supervision of a practitioner licensed by law to administer such drug.

(16) "Product" means a prescription drug in a finished dosage form for administration to a patient without substantial further manufacturing (such as capsules, tablets, and lyophilized products before reconstitution); however, "product", as used in this Chapter, does not include any of the following:

(a) Blood or blood components intended for transfusion.

(b) A radioactive drug or radioactive biological product regulated by the Nuclear Regulatory Commission or by a state pursuant to an agreement with the Nuclear Regulatory Commission.

(c) An imaging drug.

(d) An intravenous product that, by its formulation, is intended for replenishment of fluids and electrolytes or calories, for use to maintain the equilibrium of water and minerals in the body, or for irrigation or sterile water whether for such purpose or injection.

(e) Any medical gas.

(f) A homeopathic drug marketed in accordance with applicable guidance under the federal Drug Supply Chain Security Act.

(g) A drug compounded in compliance with the federal Food, Drug, and Cosmetic Act.

(17) "Repackager" means a person who owns or operates an establishment that repacks and relabels a legend drug, legend device, or package thereof for one of the following purposes:

(a) Further sale.

(b) Distribution without a further transaction.

(18) "Third-party logistics provider" means a person that provides or coordinates warehousing, facilitation of delivery, or other logistic services for a legend drug or legend device in interstate and intrastate commerce on behalf of a manufacturer, distributor, or dispenser of a legend drug or legend device but does not take ownership of the legend drug or legend device nor have responsibility to direct the sale or disposition of the legend drug or legend device.

(19) "Transaction" means the transfer of a product between persons in which a change of ownership occurs, but does not include a transaction that is exempted from the definition by rules of the board or federal law.

(20) "Transaction history" means a statement, in paper or electronic form, that includes the transaction information for each prior transaction going back to the manufacturer of the product.

(21) "Transaction information" means:

(a) The proprietary or established name or names of the product.

(b) The strength and dosage form of the product.

(c) The National Drug Code number of the product.

(d) The container size.

(e) The number of containers.

(f) The lot number of the product.

(g) The date of the transaction.

(h) The date of the shipment, if more than twenty-four hours after the date of the transaction.

(i) The business name and address of the person from whom ownership is being transferred.

(j) The business name and address of the person to whom ownership is being transferred.

(22) "Transaction statement" means a statement, in paper or electronic form, that the entity transferring ownership in a transaction meets all of the following conditions:

(a) Is authorized as required under the federal Drug Supply Chain Security Act.

(b) Received the product from a person that is authorized as required under the federal Drug Supply Chain Security Act.

(c) Received transaction information and a transaction statement from the prior owner of the product.

(d) Did not knowingly ship a suspect or illegitimate product.

(e) Had systems and processes in place to comply with verification requirements under the federal Drug Supply Chain Security Act.

(f) Did not knowingly provide false transaction information.

(g) Did not knowingly provide false transaction history.

(23) "Wholesale distribution" means the distribution of legend drugs or legend devices to a person other than the consumer or patient except as exempted in the standards of the federal Drug Supply Chain Security Act as the act pertains to wholesale distribution.

(24) "Wholesale distributor" means any person engaged in wholesale distribution.

Acts 1988, No. 852, §1; Acts 2008, No. 597, §1; Acts 2015, No. 443, §1, eff. July 1, 2015.
La. Rev. Stat. § 37:3710 — LA Code / Code revised-statutes / Title 37 / Section 3710
Reinstatement of license and state certificate
Status: in_force

A. Any license or state certificate suspended, revoked, or otherwise restricted by the board may be reinstated by the board.

B. A license or state certificate that has expired without renewal for a period of one year from the date of expiration may be reinstated by the board provided the applicant shall otherwise be eligible under the provisions of this Chapter, pays the applicable fees, satisfies the continuing education requirement, and meets such other requirements as may be established by the board.

Acts 2013, No. 351, §2.

NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
La. Rev. Stat. § 37:878 — LA Code / Code revised-statutes / Title 37 / Section 878
Cremation containers
Status: in_force

A. Human remains shall be delivered to a crematory in a cremation container, which may be a casket. Human remains shall not be removed from the cremation container, and the cremation container shall be cremated with the human remains.

B. No crematory authority shall require that human remains be placed in a casket before cremation or that such remains be cremated in a casket.

Acts 2003, No. 1243, §2.
La. Rev. Stat. § 37:3245 — LA Code / Code revised-statutes / Title 37 / Section 3245
Permits and licenses
Status: in_force

A. Upon application, meeting the requirements and payment of fees, a person subject to the provisions of this Chapter may be issued an apprentice permit, a senior apprentice permit, or a midwifery license as applicable and in accordance with these regulations.

B. Upon application, an apprentice permit may be issued which authorizes the person to obtain the required clinical experience under the supervision of a licensed physician, certified nurse midwife, or licensed midwife. The applicant must provide verification of apprentice supervisor relationship from the person or persons supervising the applicant. The permit is valid only so long as the verified relationship(s) exist(s).

C. Upon application, a senior apprentice permit may be issued which authorizes the person to continue obtaining the required clinical experience under general direction rather than direct supervision.

(1) The applicant must provide a letter from his midwifery instructor verifying that while not prepared for independent practice, the applicant has obtained sufficient theory and supervised clinical experience under the midwifery instructor to warrant general direction rather than direct supervision and requesting approval of a senior apprentice permit on behalf of the applicant.

(2) The senior apprentice shall provide the board with evidence of completion of high school or its equivalent as approved by the board.

(3) The senior apprentice shall provide the board with evidence of satisfactory completion of areas of study and required clinical experiences as approved for such permits.

(4) The senior apprentice shall provide the board with evidence of current certification in cardiopulmonary resuscitation of the adult and newborn.

D. Upon meeting the educational and clinical experience requirements provided by the board, a person may apply for a midwifery license by submitting the following information:

(1) An application for the license and to take the next qualifying examination; provided, however, the board may issue a midwifery license to an applicant who holds current certification by the North American Registry of Midwives or such other certifying organization as the board may subsequently approve.

(2) Evidence of completion of all the educational and clinical requirements approved by the board.

(3) Evidence of current certification in cardiopulmonary resuscitation of the adult and newborn.

(4) Four recommendations, one each from a physician or certified nurse midwife, licensed midwife, a consumer, and a member of the community.

Acts 1984, No. 688, §1, eff. Jan. 1, 1985; Acts 1988, No. 701, §2; Acts 2012, No. 772, §1.
La. Rev. Stat. § 37:2581 — LA Code / Code revised-statutes / Title 37 / Section 2581
Declaration of policy
Status: in_force

The business of rendering financial planning and management services to individuals is a matter of public interest and concern and is subject to regulation and control in the public interest.

Acts 1970, No. 423, §1.
La. Rev. Stat. § 37:1286 — LA Code / Code revised-statutes / Title 37 / Section 1286
Injunction; penalty; attorney fees; costs
Status: in_force

A. The board, through its proper officer, may cause to issue in any competent court, a writ of injunction enjoining any person from practicing medicine as defined herein until such person obtains a license under the provisions of this Part. This injunction shall not be subject to being released upon bond.

B. In the suit for an injunction, the board, through its president, may demand of the defendant a penalty of not more than five hundred dollars, and attorney's fees not to exceed one hundred dollars, besides the costs of court. This judgment for penalty, attorney's fees, and costs may be rendered in the same judgment in which the injunction is made absolute.

C. The trial of the proceeding by injunction shall be summary and by the judge without a jury.

Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
La. Rev. Stat. § 37:2408 — LA Code / Code revised-statutes / Title 37 / Section 2408
License required; limitations
Status: in_force

A. No person shall practice, or in any way hold himself out, or designate himself, as a physical therapist or a physical therapist assistant unless licensed by the board.

B. A person employed as a physical therapist or a physical therapist assistant by the United States government, or any department, agency, or bureau thereof, shall not be required to obtain a license under the provisions of this Chapter. However, such person may engage in the practice of physical therapy outside the course and scope of such federal employment only after obtaining a license in accordance with this Chapter.

C. A license issued pursuant to this Chapter does not authorize the diagnosis of disease.

Acts 1990, No. 708, §1; Acts 2009, No. 535, §4, eff. Jan. 1, 2010.
La. Rev. Stat. § 37:2585 — LA Code / Code revised-statutes / Title 37 / Section 2585
Qualifications for license
Status: in_force

Upon the filing of the application and the approval of such bond and the payment of the specified fees, if the director shall, upon investigation, find:

(1) That the financial responsibility, experience, character and general fitness of the applicant, and of the members thereof (if the applicant be a partnership or association) and of the officers and directors thereof (if the applicant be a corporation) are such as to command the confidence of the community and to warrant belief that the business will be operated fairly, honestly and efficiently within the purposes of this Chapter, and

(2) That the applicant, if an individual, and the members thereof, if the applicant is a partnership or association, and the officers and directors thereof, if the application is a corporation, or if such person or persons have not had a record of having defaulted in the payment of money collected for others, including the discharge of such debts through bankruptcy proceedings, the director shall thereupon issue and deliver a license to the applicant to engage in the financial planning and management service business in accordance with the provisions of this Chapter at the location specified in the application, which license shall remain in full force and effect until it is surrendered by the licensee or revoked by the director as hereinafter provided. Each license shall expire by the terms hereof on January first next following the issuance thereof unless the license is renewed as hereinafter provided.

Acts 1970, No. 423, §5; Acts 2024, No. 644, §1.
La. Rev. Stat. § 37:3220 — LA Code / Code revised-statutes / Title 37 / Section 3220
Temporary or limited purpose permits
Status: in_force

A. The board may:

(1) Issue temporary permits authorizing the practice of radiologic or fusion technology for a designated period of time.

(2) Issue permits for specific purposes with restrictions as to the type of radiologic or fusion technology activities that may be engaged in.

(3) Issue permits to radiologic technologists participating in educational and training programs which include the administration of radiologic or fusion technology services to patients.

B. The board may adopt rules and regulations, pursuant to the Administrative Procedure Act, which establish the necessary qualifications, requirements, and formalities for the issuance of such permits as are necessary for the adequate protection of the health and welfare of the citizens of this state.

Acts 2010, No. 75, §1.
La. Rev. Stat. § 37:2848 — LA Code / Code revised-statutes / Title 37 / Section 2848
Refusal, suspension, or revocation; grounds
Status: in_force

The board may refuse to issue or may suspend or revoke a certificate on any one or more of the following grounds:

(1) Failure to inform the person to be examined as to the nature of the examination.

(2) Failure to inform the person to be examined that his participation in the examination is voluntary, and that the refusal to submit to a polygraph shall not be an inference of guilt, nor shall it be cause or justification for termination of employment within the meaning of any law relating to unemployment compensation.

(3) Material misstatement in the application for original certificate or in the application for any renewal certificate under this Chapter.

(4) Willful disregard or violation of this Chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes.

(5) If the holder of any certificate has been adjudged guilty of the commission of a felony that the board finds is directly related to work as a certified polygraphist pursuant to R.S. 37:2950.

(6) Willful misrepresentation or false promises, or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.

(7) Demonstration of unworthiness or incompetency to act as a polygraphist as defined by this Chapter.

(8) Allowing one's certificate under this Chapter to be used by any uncertified person in violation of the provisions of this Chapter.

(9) Willfully aiding or abetting another in the violation of this Chapter or any regulations or rule issued pursuant thereto.

(10) Failure to provide within thirty calendar days information requested by the secretary as the result of a formal complaint to the board which would indicate a violation of this Chapter.

(11) Failure to maintain a complete file of all records pertaining to the individuals administered polygraph examinations, this includes all polygraph charts, all questions asked during the examination, along with the person's responses to all questions. These records must be kept for at least a one year period from the date of the original examination.

Added by Acts 1980, No. 761, §1; Acts 2024, No. 644, §1.
La. Rev. Stat. § 37:711.24 — LA Code / Code revised-statutes / Title 37 / Section 711.24
Enforcement proceedings against other persons; procedure
Status: in_force

A. The board shall have the power to take enforcement action against any nonlicensee or noncertificate holder found by the board to have committed any of the following acts or offenses:

(1) Practicing or offering to practice geoscience in the state of Louisiana without being licensed in accordance with the provisions of this Chapter.

(2) Presenting or attempting to use as one's own, the license, certificate, seal, or stamp of another person.

(3) Any fraud, deceit, material misstatement, or perjury or the giving of any false or forged evidence in applying for a license or certificate, or in taking any examination.

(4) Falsely impersonating any licensee or certificate holder of like or different name.

(5) Using or attempting to use an expired, inactive, retired, or revoked license or certificate.

(6) Using or attempting to use a seal or stamp which is deceptively similar to the seals or stamps authorized by the board for use by its licensees.

(7) Falsely claiming that a person is licensed under this Chapter.

(8) Violation of any provisions of this Chapter or any rules or regulations adopted and promulgated by the board.

(9) Violation of or noncompliance with any order, ruling, or decision of the board.

B. For purposes of this Chapter, the term "enforcement action" shall include but not be limited to a fine in an amount not to exceed five thousand dollars per violation.

C. Charges may be preferred against any nonlicensee or noncertificate holder in the following manner:

(1) The board, on its own initiative and by a majority vote of its entire membership authorized to participate in a proceeding, may prefer charges against any nonlicensee or noncertificate holder who commits or engages in any of the acts or offenses listed in Subsection A of this Section.

(2) The board, on receipt of a complaint from any person and by majority vote of the board's entire membership authorized to participate in a proceeding, may prefer charges against any nonlicensee or noncertificate holder who commits or engages in any of the acts or offenses listed in Subsection A of this Section. Such complaint shall be in writing, shall be sworn to by the person or persons making the complaint, and shall be filed with the board.

D. Within twenty days of the board's preferral of charges, the board shall mail a copy of said charges to the last known address of the nonlicensee or noncertificate holder so charged.

E. In the event the board determines after investigation that the charges so preferred are completely unfounded, more appropriately resolved outside the formal enforcement proceedings, or not within the jurisdiction of the board, the board shall so advise the charged party, in writing, of its determination. Otherwise, all charges shall be heard by the board or a hearing committee designated by the board within twelve months after the date on which they shall have been preferred. This twelve-month period may be extended with the consent of both the board and the charged party.

F. The date, time, and place for said hearing shall be fixed by the board or the hearing committee and a copy of the charges, together with a notice of the date, time, and place of the hearing, shall be personally served on or mailed to the last known address of the charged party, at least thirty days before the date fixed for hearing. At any hearing, the charged party shall have the right to appear in person, or by counsel, or both, to cross-examine witnesses in his defense, and to produce evidence and witnesses in his defense. If the charged party fails or refuses to appear at the hearing, the board or the hearing committee may proceed to hear and determine the validity of the charges.

G. If, after such hearing, a majority of the entire board membership authorized to participate in the proceeding vote in favor of sustaining the charges, the board may take enforcement action against the charged party. Any charges found by the board after a hearing to be unfounded shall be published in the official journal of the board, if requested in writing by the charged party.

H. A charged party aggrieved by any enforcement action taken by the board may appeal therefrom, pursuant to the provisions of the Administrative Procedure Act.

I. In addition to any other action, the board may assess all reasonable costs incurred in connection with an enforcement proceeding, including investigators', stenographers', and attorney fees in conjunction with any other enforcement action taken. The assessment of costs may be considered enforcement action.

J. All enforcement actions taken shall be published in the official journal of the board and may be released to other professional organizations relating to professional geoscience or to the news media.

K. The board may make informal disposition by consent order, agreement, settlement, or default of any enforcement proceeding pending before it. Each such informal disposition shall have no force or effect unless ratified by the board at its next regular meeting. Consent orders may be considered enforcement actions.

L. The board may establish a complaint review committee to investigate, mediate, or initiate enforcement or legal proceedings on behalf of the board with respect to charges preferred or information received by the board alleging that a nonlicensee or noncertificate holder committed or engaged in any of the acts or offenses listed in Subsection A of this Section. The complaint review committee shall consist of at least one member of the board.

M. Any individual nonlicensee or noncertificate holder found by a district court to have committed any of the acts or offenses listed in Subsection A of this Section shall be guilty of a misdemeanor and shall, upon conviction, suffer imprisonment for a period not exceeding three months. This penalty shall be in addition to any other enforcement action taken by the board.

N. It shall be the duty of the attorney general, all district attorneys, and all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce the provisions of this Chapter and to prosecute any persons violating same. The attorney general of this state, or his assistant, shall act as legal advisor to the board if the board so requests and render such legal assistance as may be deemed necessary by the board in carrying out the provisions of this Chapter, provided that this shall not relieve the local prosecuting officers of any of their duties under the law as such.

O. Alternatively, following an investigation of any charges preferred or information received by the board alleging that a nonlicensee or noncertificate holder committed or engaged in any of the acts or offenses listed in Subsection A of this Section, and dependent upon the result of such investigation, the board may present its findings to the district attorney in whose district such act or offense has occurred, and shall aid in the prosecution of the violator; or the board may, if it deems necessary, prosecute any violator directly and in its own name, in any district court of this state for such act or offense. Such action may be instituted by any member, attorney, employee, or agent of the board.

Acts 2010, No. 974, §1, eff. Jan. 1, 2011.
La. Rev. Stat. § 37:372 — LA Code / Code revised-statutes / Title 37 / Section 372
Grounds for refusing, suspending, or revoking certificates
Status: in_force

The board may refuse to issue, renew, suspend, or revoke any certificate of registration for any one or any combination of the following causes:

(1) Conviction of a felony as evidenced by a certified copy of the court record.

(2) Gross malpractice or gross incompetency.

(3) Continued practice or operation under any certificate by a person having an infectious or contagious disease.

(4) Advertising by means of false or deceptive statements.

(5) Advertising, practicing, or attempting to practice under a name other than one's own name or trade name.

(6) Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs.

(7) Immoral or unethical conduct.

(8) Practicing or attempting to practice or operate as a purported licensee by fraudulent misrepresentation as to possession of proper certificates.

(9) Failure to comply with the qualifications required herein, or the violation of any of the provisions of this Chapter.

(10) Proof that the applicant has been practicing barbering without a license.

(11) Proof that the applicant has been practicing barbering in an unapproved location.

Acts 1964, No. 309, §1; Acts 1984, No. 238, §1; Acts 1991, No. 935, §1.
La. Rev. Stat. § 37:3509 — LA Code / Code revised-statutes / Title 37 / Section 3509
Examination; content; training class required
Status: in_force

A. The board shall determine the scope, form, and content of the examinations for licensure. The examination, which shall be written, shall test the applicant's knowledge of the private investigator business and his ability to apply that knowledge and to assume responsible charge in the practice of private investigator.

B. The examination shall include such subject areas as general federal and state constitutional principles and court decisions related to activities which could result in liability for invasion of privacy or other activities, search and seizure laws in general, state criminal laws and related procedures, and general weapons use and concealed weapons laws. The board shall review and make use of nationally accepted and appropriate examinations to the extent practical.

C. The board shall conduct or contract for the conduct of a forty-hour training class covering the subject areas of the licensing examination and shall require completion of approved training class for a licensed applicant prior to the taking of the examination.

Acts 1992, No. 245, §2.
La. Rev. Stat. § 37:3510 — LA Code / Code revised-statutes / Title 37 / Section 3510
Approval, denial; procedure; appeals; prior qualifications; exemptions
Status: in_force

A. The procedure of the board in approving or denying an application shall be as follows:

(1) If the application is approved, the board shall notify the applicant in writing that a license shall be issued.

(2) If the application is denied, the board shall notify the applicant in writing and shall set forth the grounds for denial.

(3)(a) If the grounds for denial are subject to correction by the applicant, the notice of denial shall so state and the applicant shall be given ten days after receipt of such notice, or, upon application, a reasonable additional period of time within which to make the required correction.

(b) If the application is denied, the applicant, within thirty days after receipt of notice of denial from the board, may request a hearing on the denial. Within ten days after the filing of such request for hearing by the applicant, the board shall schedule a hearing to be held after due notice to the applicant. The hearing shall be conducted in accordance with the Administrative Procedure Act.

B. The board shall issue a license as a private investigator to each applicant who meets the requirements of this Chapter, passes satisfactorily the examination administered by the board, and pays the required fee.

C. Any applicant who fails an examination may be reexamined upon expiration of at least thirty days and upon filing a new application and the payment of the reexamination fee.

D. A qualified agency or company in existence on August 21, 1992, may be licensed without an examination, upon approval of the board, if application is made to the board before December 31, 1992. In determining the qualifications of an applicant for licensing under this Subsection, an affirmative vote of at least four members of the board is required.

E. Upon satisfactorily passing the examination administered by the board and paying the required fee the following persons, if otherwise qualified, may be licensed without the necessity of taking the training course required by R.S. 37:3509(C):

(1) Any person who was a commissioned law enforcement officer in this state as of May 14, 1993, and who has a valid certificate from a law enforcement training center accredited by the Council on Peace Officer Standards and Training.

(2) Any person who was a commissioned law enforcement officer prior to January, 1986, and who was certified pursuant to the provisions of R.S. 40:2405.

(3) Any person who was a commissioned law enforcement officer in another state as of May 14, 1993, and who holds a certificate from a law enforcement training center in that state which meets the requirements of the Council on Peace Officer Standards and Training.

Acts 1992, No. 245, §2; Acts 1993, No. 915, §1; Acts 1999, No. 675, §1.
La. Rev. Stat. § 37:34 — LA Code / Code revised-statutes / Title 37 / Section 34
License; notice; final denial
Status: in_force

A. Before an entity issuing licenses to engage in certain fields of work pursuant to state law makes a final determination that a criminal conviction will result in the denial of a license, the licensing entity shall provide the individual who made the request with written notice of all of the following:

(1) The specific conviction that is the basis for the intended denial.

(2) The reasons the conviction was determined to be directly related to the licensed activity, including findings for each of the factors provided in R.S. 37:2950 that the licensing authority deemed relevant to the determination.

(3) The right to submit additional evidence relevant to each of the factors listed in R.S. 37:2950 within sixty days, which the licensing authority shall consider before issuing a final determination.

B. A final determination that a criminal conviction will prevent a person from receiving a license shall be in writing and include notice of the right to appeal the determination and notice of the earliest date the applicant may reapply for a license.

Acts 2014, No. 809, §1, eff. June 19, 2014; Acts 2017, No. 262, §1; Acts 2022, No. 486, §1.
La. Rev. Stat. § 37:1863 — LA Code / Code revised-statutes / Title 37 / Section 1863
Change in location to be noted on license
Status: in_force

If after issuance and delivery of a license under the provisions of this Part any change is made in the location of the place of business designated therein, the business shall not be conducted at the new location or under such license, until the official issuing the licenses notes the change on the license, and the superintendent of police of the city or the sheriff of the parish in which the second-hand dealer is doing business is notified in writing of the change.
La. Rev. Stat. § 37:343 — LA Code / Code revised-statutes / Title 37 / Section 343
Seal of board
Status: in_force

The board shall adopt and use a common seal for the authentication of its orders and records.

Acts 1964, No. 309, §1. Acts 1984, No. 238, §1.
La. Rev. Stat. § 37:1547 — LA Code / Code revised-statutes / Title 37 / Section 1547
Prohibition
Status: in_force

Notwithstanding any other provision of law, a registered veterinary technician may perform veterinary medical assistance under the direct supervision of a veterinarian licensed to practice in this state approved by the board, except that no registered veterinary technician shall perform animal diagnosis, the prescribing of treatment or medications, or any surgical procedures. A satellite office staffed solely by a registered veterinary technician is prohibited.

Acts 1986, No. 887, §1.
La. Rev. Stat. § 37:1864.2 — LA Code / Code revised-statutes / Title 37 / Section 1864.2
Purchase of precious metals and stones from minors; purchase of junk from minors prohibited; penalty
Status: in_force

A. No secondhand dealer shall purchase gold, silver, copper, brass, aluminum other than in the form of cans, or other precious metals, jewelry, precious stones, or objects composed of such precious metals or stones from a person under the age of eighteen. Lack of knowledge of age shall not be a defense to a violation of this Section.

B. No owner, employee, keeper, or proprietor of a junk shop, junk store or yard, of a junk cart or other vehicle or boat, or collector of or dealer in junk, shall receive or purchase from any minor under seventeen years of age, any goods, chattels, wares, or other merchandise, including any material defined in R.S. 37:1861.

C. The provisions of this Section shall not apply to the sale or purchase of manufactured registered bullion bars, coins, or other numismatic items.

D. Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than fifteen days nor more than three months, or both.

Acts 1987, No. 901, §2; Acts 1989, No. 271, §1; Acts 2011, No. 389, §1; Acts 2012, No. 292, §1.
La. Rev. Stat. § 37:711.3 — LA Code / Code revised-statutes / Title 37 / Section 711.3
Application of Chapter
Status: in_force

A. This Chapter shall not authorize the practice of professional land surveying by a licensed geoscientist. This Chapter shall not apply to a qualified and licensed professional land surveyor who confines the professional land surveyor's practice to the practice of land surveying as described in Chapter 8 of this Title.

B. This Chapter shall not authorize the practice of engineering by a licensed geoscientist.

C. This Chapter shall not require a licensed professional engineer, or a person acting under the responsible charge of a licensed professional engineer, who also regularly performs geoscientific services or work that is both engineering and geoscience, to be licensed as a geoscientist or to work under the supervision of a licensed geoscientist.

D. A recommendation, design, analysis, redesign, or review and evaluation, the supervision, or a summary analysis of an engineered structure or work, the performance of which requires engineering education, training, and experience in the application of special knowledge of mathematical, physical, and engineering sciences, is the practice of engineering and is subject to Chapter 8 of this Title.

E. This Chapter shall not permit a licensed geoscientist to perform an engineering analysis supporting an engineering design unless the action is under the responsible charge of a professional engineer.

F. This Chapter shall not permit a licensed geoscientist to provide construction quality control and evaluation, to perform materials engineering and testing, or to design, develop, or perform engineering review and evaluation of engineering plans and engineering specifications for an engineered structure or work unless the action is under the responsible charge of a professional engineer.

G.(1) With regard to an environmental and pollution remediation project, this Chapter permits the characterization, study, appraisal, investigation, analysis, and geoscientific review and evaluation of and the making of recommendations regarding the geoscientific components of the project by a licensed geoscientist.

(2) This Chapter shall not permit the design, development, or performance of engineering review and evaluation of a component of the project consisting of an engineered structure, work, or process or a related constructed improvement by a licensed geoscientist.

H.(1) With regard to a geoscientific investigation of geological conditions affecting an engineered structure, work, or process, this Chapter permits the characterization, study, appraisal, investigation, analysis, and geoscientific review and evaluation of and the making of recommendations regarding the geoscientific components of the engineered structure, work, or process by a licensed geoscientist.

(2) This Chapter shall not permit the design, development, or performance of engineering review and evaluation of the engineered structure, work, or process or a related constructed improvement by a licensed geoscientist.

I. The board and the Louisiana Professional Engineering and Land Surveying Board by rule, memorandum of understanding, or other appropriate procedure or document shall jointly resolve any conflict between this Chapter or a rule adopted under this Chapter and Chapter 8 of this Title or a rule adopted under that Chapter.

J. This Chapter shall not authorize a licensed geoscientist to act as or offer to perform services as a water well driller. This Chapter shall not apply to a licensed water well driller who confines his activities to those described under R.S. 38:3098.

K.(1) This Chapter shall not apply to any person employed or acting as a petroleum geologist.

(2) No person employed or acting as a petroleum geologist shall be required to be licensed or certified by the board or to pay any fee to the board in order to practice or testify regarding any environmental geology or geoscientist case on any wells or facilities owned by the person or the company for which the petroleum geologist is employed.

(3) No person employed or acting as a petroleum geologist shall be required to be licensed or certified by the board in order to testify or prepare and present an exhibit or document for the sole purpose of being placed in evidence before any entity of state government or its political subdivisions.

(4) If any change in state law requires the board to license petroleum geologists, the board shall provide written notice to the New Orleans Geological Society, the Baton Rouge Geological Society, the Shreveport Geological Society, and the Lafayette Geological Society at least ninety days prior to taking any action.

Acts 2010, No. 974, §1, eff. Jan. 1, 2011; Acts 2012, No. 308, §1, eff. May 25, 2012.
La. Rev. Stat. § 37:3117 — LA Code / Code revised-statutes / Title 37 / Section 3117
Reciprocity; licensure without examination
Status: in_force

A. A person holding a license to engage in auctions issued to him by a proper authority of a state, territory, or possession of the United States of America or the District of Columbia having licensing requirements comparable to Louisiana and who in the opinion of the board otherwise meets the requirements of this Chapter may upon application be licensed without further examination.

B. Nothing in this Section shall prevent the conduct of an auction in this state by a nonresident auctioneer from another licensing jurisdiction if such auctioneer is duly licensed by such other jurisdiction and the other jurisdiction through reciprocity permits a resident of this state who is an auctioneer duly licensed to conduct auctions in this state to conduct auctions in such other jurisdiction without being required to obtain a license in such other jurisdiction.

C. Notwithstanding any other provision of law to the contrary, no person duly licensed as an auctioneer in any other jurisdiction and temporarily present in this state shall conduct an auction in this state unless he acts in association with an auctioneer duly licensed in this state if the jurisdiction in which the nonresident auctioneer is licensed requires such an association with an auctioneer licensed in that jurisdiction before an auctioneer duly licensed in Louisiana may conduct an auction in that jurisdiction.

D. Every nonresident applicant for a license under this Chapter shall file with the board as part of the application for a license a written irrevocable consent that any cause of action growing out of any transaction subject to this Section may be commenced against the licensee in the proper court of any parish of this state in which the cause of action may arise or in which the plaintiff may reside by a service of process upon the board as the licensee's agent and stipulating and agreeing that such service of process shall be taken and held in all courts to be as valid and binding as if due service has been made upon the person according to the laws of this or any other state. Such instrument shall be in such form and supported by such additional information as the board may by rule require.

Added by Acts 1983, No. 508, §5; Acts 2000, 1st Ex. Sess., No. 126, §1.
La. Rev. Stat. § 37:862 — LA Code / Code revised-statutes / Title 37 / Section 862
Preneed funeral contracts
Status: in_force

A. The preneed funeral contract shall:

(1) Be in writing and printed in not less than ten point typeface.

(2) State the name, address and telephone number of the funeral establishment.

(3) State the name, address and telephone number of the buyer and the funeral recipient, if the funeral recipient is not the buyer.

(4) Contain or be accompanied by a statement of funeral goods and services which meets the requirements of the Federal Trade Commission Funeral Rule, 16 CFR Part 453, and LAC Title 46, Part XXXVII, §111. If a separate statement is used, it shall be attached to the preneed funeral contract and incorporated by reference into that contract.

(5) State whether the contract will be funded by a preneed insurance policy or annuity or a funeral trust account.

(6) If funded by a preneed insurance policy or annuity, state the name, home office address, and telephone number of the insurance company. A copy of the policy application with any medically related information expurgated shall be attached to and incorporated by reference into the contract and shall include a statement that the amount to be refunded if cancelled prior to the death of the funeral recipient will be determined by the provisions of the preneed insurance policy or annuity and a statement as to who is responsible for paying the income tax on any earnings generated by the preneed insurance policy or annuity.

(7) If funded by a deposit in a funeral trust account, provide the identity of the financial institution in which the money delivered to the funeral establishment by the buyer is to be deposited, and a statement as to who will be responsible for paying the income tax on any earnings generated by the funeral trust account.

(8) State the amount of the money initially deposited into a funeral trust account and give a description of any preneed insurance policy or annuity, used to fund the preneed funeral contract.

(9) State the effect on the contract benefits resulting from the failure to make any future payments required to fully fund the contract.

(10) Recite clearly and conspicuously whether the preneed funeral contract or the funding is revocable or irrevocable.

(11) Specifically identify which funeral goods and services are guaranteed funeral goods and services and state when the guarantee becomes effective if other than upon execution of the contract and the term of the guarantee if the term is other than for the life of the funeral recipient.

(12) State that the price to be paid for any funeral goods and services not designated as guaranteed will be the prevailing retail prices as listed on the general price list and casket price list of the funeral establishment at the time of the death of the funeral recipient.

(13) Include a description of any casket, alternative container or other funeral merchandise, burial vault or urn included in the preneed funeral contract. The description of a casket shall include the exterior color, the material the casket is constructed of, including but not limited to, the type and thickness of metal expressed in gauge or ounces per square foot, type and color of wood or other material and type and color of interior fabric; with respect to an urn, the description shall be of the material of which it is constructed.

(14) Contain the signature of the buyer and the date the buyer signed the contract.

(15) Contain the signature of a funeral director authorized by the funeral establishment to enter into a preneed funeral contract, and the date signed.

(16) Clearly and conspicuously state that unless waived as provided in R.S. 37:864(B), the preneed funeral contract may be cancelled and the buyer receive a full refund of all monies delivered and a return and cancellation of the assignment of all policies transferred or assigned in connection therewith anytime within ten days after the buyer signed the contract.

(17) Include the name, address, and telephone number of any refund designee designated by the buyer.

B. Until signed by a funeral director authorized by the funeral establishment, the contract signed by the buyer shall be considered as an offer to purchase. Upon acceptance of the offer, signified by the signature of its duly authorized funeral director, the funeral establishment shall furnish a complete, fully executed copy of the preneed funeral contract to the buyer.

Acts 2008, No. 799, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 37:831 — LA Code / Code revised-statutes / Title 37 / Section 831
Definitions
Status: in_force

For purposes of this Chapter and implementation thereof, the following terms have the meaning as defined herein, unless the context clearly indicates otherwise:

(1) "Active licensee" means an individual that holds a funeral director or embalmer and funeral director license issued by the board and who has complied with all requirements of this Chapter.

(2) "Addiction" means the physiological or psychological dependency on drugs or alcohol.

(3) "Advertisement" means the publication, dissemination, circulation, or the placing before the public, or causing directly or indirectly to be made, published, disseminated, or placed before the public any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over any radio station, television station, or both.

(4) "Approved continuing education program" means a continuing education program activity which is approved by the board.

(5) "Approved provider" means any continuing education provider approved by the board.

(6) "Association" means a partnership, a combination or group of individuals, or an unincorporated organization of persons having a common interest.

(7) "Authorizing agent" means a person legally entitled to authorize the cremation of human remains.

(8) "Board" means the Louisiana State Board of Embalmers and Funeral Directors.

(9) "Body parts" means human remains or limbs or other portions of the anatomy that are severed from the body during an accident; removed from a person for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or otherwise become unattached from the body. It also means human bodies or any portion of bodies that have been donated to science for medical, educational, or research purposes.

(10) "Branch establishment" means a licensed funeral establishment devoted to or used in the care of the body of a deceased person, or maintained or held out to the public, by advertising or otherwise, as the office or place for the practice of funeral directing. Ownership of the branch is identical to the ownership of the main funeral establishment controlling the branch, and such establishment can practically be served by the licensed personnel of the main establishment.

(11) "Burial" means the act or process of disposing of a human body by depositing it in the earth, at sea, or by any other accepted disposition.

(12) "Burial-transit permit" means the permit for disposition of a dead human body as required by state law.

(13) "Buyer" means the person entering into a preneed funeral contract with a licensed funeral establishment.

(14) "Capper", "steerer", or "runner" means a person who, for monetary benefits or other considerations, procures or attempts to procure business at the direction of, request of, or in cooperation with a licensee by means of deceit, trick, fraud, or misleading statements.

(15) "Care of the dead" means watchful observation of the deceased person and attention given to the survivors and friends.

(16) "Casket" means a rigid container which is designed for the encasement of human remains usually constructed of wood, metal, fiberglass, or other similar material and ornamented and lined with fabric, which may or may not be combustible, for transportation, or for other disposition.

(17) "Certificate" means a license issued by the board.

(18) "Change of ownership" means a transfer of more than fifty percent of the stock or assets of a funeral establishment or crematory authority.

(19) "Closed container" means any container in which cremated human remains can be placed and closed in a manner so as to prevent leakage or spillage of remains or the entrance of foreign material.

(20) "Contagious disease" means a disease which is communicable by contact.

(21) "Continuing education" means that education which is obtained by a licensee through education processes in order to develop, maintain, improve, or expand skills and knowledge.

(22) "Corporation" means a body formed and authorized by law to act as a single person although constituted by one or more persons and legally endowed with various rights and duties.

(23) "Cremated human remains" means all the remains of the human body recovered after the completion of the cremation process, including processing, pulverization, or processing and pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of any foreign material that was cremated with the human remains.

(24) "Cremation" means the technical process, using direct flame and heat, that reduces human remains to bone fragments through heat and evaporation. Cremation may also include the processing, pulverization, or the processing and pulverization of bone fragments.

(25) "Cremation container" means the container in which the human remains are transported to the crematory and placed in the cremation retort for cremation. A cremation container should substantially meet all of the following standards:

(a) Be composed of materials suitable for cremation.

(b) Provide a complete covering for the human remains.

(c) Be resistant to leakage or spillage.

(d) Be rigid enough for handling with ease.

(e) Provide protection to safeguard the health, safety, welfare, and personal integrity of crematory personnel.

(26) "Cremation retort" means the enclosed space within which the cremation process takes place.

(27) "Crematory" means the building or portion of a building that houses the cremation retort for the reduction of bodies of deceased persons to cremated human remains.

(28) "Crematory authority" means the legal entity which is licensed by the board to operate a crematory.

(29) "Crematory retort operator" means the individual who is authorized and licensed by the board to operate the retort and perform the cremation process.

(30) "Deceptive" means tending or having power to impose a false idea or belief or causing one to believe an untruth.

(31) "Dishonest conduct" means a standard of personal behavior by a funeral director, or embalmer, or both, characterized by a willful distortion of the truth in an attempt to deceive, cheat or defraud.

(32) "Disinterment" means the act or ceremony of extracting a dead human body from the earth or tomb.

(33) "Disposition" means the shipment, interment, burial, cremation, or anatomical donation of a dead human body or parts of a dead human body.

(34) "Embalmer" means a person who disinfects or preserves, or both, a dead human body or bodies, entirely or in part, by the use of chemical substances, fluids, or gases ordinarily used, prepared, or intended for such purposes, either by outward application of such chemical substances, fluids, or gases on the body, or by the introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities.

(35) "Embalmer and funeral director" means a person to whom a valid license has been issued by the board to perform the duties of embalming and funeral directing.

(36) "Embalming" means preparing, disinfecting, and preserving, either hypodermically, arterially, or by any other recognized means, the body of a deceased person for burial, cremation, or other disposition.

(37) "Financial institution" means a state or national bank, savings bank or savings association located in the state of Louisiana and whose deposits are insured by the Federal Deposit Insurance Corporation, including homesteads, building and loan associations and savings and loan associations.

(38) "Firm" means a business unit or enterprise or a partnership of two or more persons not recognized as a legal person distinct from the members composing it.

(39) "Formal hearing" means a hearing as provided for in R.S. 37:847.

(40) "Fraud" means the intentional distortion of the truth by a funeral director, or embalmer, or both, in order to induce another to part with something of value or to surrender to a legal right.

(41) "Funeral" means the observances held for a dead person usually before burial or cremation.

(42) "Funeral directing" means the operation of a funeral home, or, by way of illustration and not limitation, any service whatsoever connected with the management of funerals, or the supervision of hearses or funeral cars, the purchase of caskets or other funeral merchandise, and retail sale and display thereof, the cleaning or dressing of dead human bodies for burial, and the performance or supervision of any service or act connected with the management of funerals from time of death until the body or bodies are delivered to the cemetery, crematory, or other agent for the purpose of disposition.

(43) "Funeral director" means a person to whom a valid license has been issued by the board to perform the duties of funeral directing.

(44) "Funeral establishment" means any place or premises duly licensed by the board and devoted to or used in the care and preparation for disposition of the body of a deceased person or maintained or held out to the public by advertising or otherwise as the office or place for the practice of funeral directing.

(45) "Funeral goods and services" means any one or more of the following goods or services:

(a) Goods which are sold or offered for sale directly to the public for use in connection with funeral services.

(b) Any services which may be used to care for or prepare deceased human remains for burial, cremation, or other final disposition.

(c) The arranging, supervising, or conducting of the funeral ceremony or the final disposition of deceased human bodies.

(d) Funeral merchandise.

(46) "Funeral merchandise" means: caskets, rental caskets, rental casket inserts, alternative containers, combo/shipping caskets, and other receptacles, excluding urns, where human remains are directly placed for disposition.

(47) "Funeral recipient" means the individual for whom funeral goods and services are to be provided under the terms of a preneed funeral contract.

(48) "Funeral trust account" means an account established pursuant to R.S. 37:865(B)(1).

(49) "Gratuity" means an inducement given voluntarily or beyond obligation to gain business.

(50) "Guaranteed funeral goods and services" means funeral goods and services which a funeral establishment agrees to provide for a named funeral recipient upon death which are a specifically identified set of funeral goods and services designated as guaranteed and for which a funeral trust account has been established or a preneed insurance policy or annuity has been purchased or assigned to pay for those funeral goods and services, provided the buyer has fully funded a funeral trust account, or has fully paid for a preneed funeral policy or annuity, within a specified period of time after the preneed funeral contract is made and the funeral establishment has agreed to accept the funds available in the funeral trust account or preneed insurance policy or annuity during the term of the guarantee as payment in full for those funeral goods and services so that there will be no additional cost to the funeral recipient's family or his or her estate for those funeral goods and services.

(51) "Holding facility" means an area within or adjacent to the crematory designated for the short-term retention of human remains prior to cremation that shall fulfill all of the following requirements:

(a) Comply with any applicable public health laws.

(b) Preserve the dignity of the human remains.

(c) Recognize the integrity, health, safety, and welfare of the crematory authority personnel operating the crematory.

(d) Be secure from access by anyone other than authorized personnel.

(52) "Hour of continuing education" means a unit of measurement equivalent to an organized learning experience of fifty consecutive minutes.

(53) "Human remains" means the body of a deceased person, or part of a body or limb in any stage of decomposition that has been removed from a living or dead person.

(54) "Inactive licensee" means an individual that holds a funeral director or embalmer and funeral director license issued by the board not practicing in any capacity in this state and who has not met the requirements of R.S. 37:854.

(55) "Incompetency" means the lack of skills or qualities necessary to perform the duties of funeral director, or embalmer, or both.

(56) "Infectious disease" means a sickness or malady which is easily diffused, or spread, or communicated.

(57) "Informal meeting" means a fact gathering session of the board as provided for in R.S. 37:847.

(58) "Interment" means the act or ceremony of burying a dead human body.

(59) "Interment receptacle" means an enclosure in which a casket is placed.

(60) "Intern" means a person who is duly registered as such with the board while in the employ of a funeral establishment and who is engaged in learning the practice of funeral directing, or the practice of embalming, or both as the case may be, under the supervision of a funeral director or funeral director and embalmer duly licensed by the board and available on the same premises for consultation.

(61) "Joint venture" means a speculative business enterprise involving the united activity of two or more persons.

(62) "Legal custody" means the immediate care, charge, and control exercised by a person or an authority according to or within the law.

(63) "Malpractice" as used in this Chapter, means a negligence from professional duty or a failure to exercise an acceptable degree of skill or learning as a funeral director, or embalmer, or both that results in injury, loss, or damage.

(64) "Mandatory disclosure" means to divulge necessary, required information relating to services and merchandise offered by the funeral home establishment and pertaining to any other conditions known at the time funeral arrangements are made.

(65) "Mislead" means to lead into a mistaken action or belief often by deliberate deceit.

(66) "Misrepresentation" means the act of giving a false, or misleading representation with an intent to deceive.

(67) "Next of kin" means one or more living persons in the nearest degree of relationship to another person.

(68) "Partnership" means a legal relationship existing between two or more persons contractually associated as joint principals in a business.

(69) "Prearrangement" means the non-binding gathering and exchange of information before the death of an individual that provides guidance for a funeral or final disposition of that individual and does not result in a preneed funeral contract.

(70) "Preneed funeral contract" means any written agreement between a buyer and a funeral establishment in which a funeral establishment agrees, prior to the death of a named funeral recipient, to furnish funeral goods and services for the funeral recipient upon death, and the buyer, pursuant to that agreement, transfers or tenders funds, or assigns an insurance policy or annuity to the funeral establishment for the purpose of paying all or part of the cost of those funeral goods and services at the time they are actually provided. The contract may be designated as revocable or irrevocable and may be guaranteed or non-guaranteed as to some or all of the funeral goods and services included therein.

(71) "Preneed insurance policy or annuity" means any policy or contract of insurance issued by an insurance company in accordance with Title 22 of the Louisiana Revised Statutes of 1950, and used to fund a preneed funeral contract.

(72) "Preparation" means the actions or processes necessary to make a dead body ready for disposition.

(73) "Processing" means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual or mechanical means.

(74) "Program instructor" means an organization or person who conducts or presents continuing education to licensees.

(75) "Pulverization" means the reduction of identifiable bone fragments after the completion of the cremation and processing of granulated particles by manual or mechanical means.

(76) "Reburial" means to transfer or transport a body from one place to another for reinterment.

(77) "Refund designee" means the person designated in a preneed funeral contract by the buyer to receive any surplus of funds as provided in R.S. 37:865(G) and (I).

(78) "Removal" means to transfer or transport a body from one place to another for preparation for burial or reburial.

(79) "Sole proprietorship" means one who has the legal right or exclusive title to something.

(80) "Solicitation" means the act or practice of any licensee, or any agent, employee, or person acting on his behalf, approaching a person or a group of persons to make a request or plea, or to urge someone toward a particular cause as it may pertain to the care, custody, or disposition of a dead human body.

(81) Repealed by Acts 2014, No. 264, §2.

(82) "Temporary container" means a receptacle for cremated human remains usually made of cardboard, plastic, or similar material designed to hold the cremated human remains until an urn or other permanent container is acquired. "Temporary container" shall not mean a "temporary receiving vault" as defined in R.S. 8:1.

(83) "Temporary license" is a license issued for a period of not more than six months to an individual who has been licensed for a period of not less than one year and who has been active as an embalmer and funeral director or funeral director in another state, province, or jurisdiction recognized by the board and who meets all of the requirements of this Part. The license entitles the holder to practice embalming and funeral directing or funeral directing in the state of Louisiana under the general supervision of a licensed establishment manager. The license shall become null and void if the license being endorsed is revoked, suspended, or lapsed.

(84) "Transfer" means to convey from one person, place, or situation to another.

(85) "Unethical or unprofessional conduct" as used in this Chapter means a standard of personal behavior by a funeral director, or embalmer, or both, or intern, or individual working under the authority of a temporary license not conforming to accepted, professional principles of the funeral service profession.

(86) "Untrustworthiness" means the quality or state of not being worthy of confidence.

(87) "Untruthful" means to be false, inaccurate, or dishonest.

(88) "Urn" means a receptacle designed to permanently encase cremated human remains.

Acts 1963, No. 12, §1; Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M.; Acts 1977, No. 283, §1; Acts 1983, No. 454, §1; Acts 1990, No. 415, §1, eff. Sept. 1, 1990; Acts 2003, No. 1243, §2; Acts 2008, No. 799, §1, eff. Jan. 1, 2009; Acts 2010, No. 373, §1; Acts 2012, No. 176, §1, eff. Jan. 1, 2013; Acts 2014, No. 264, §§1, 2; Acts 2015, No. 25, §1.
La. Rev. Stat. § 37:2901 — LA Code / Code revised-statutes / Title 37 / Section 2901
Purpose
Status: in_force

The purpose of this Chapter is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state; promote fair and effective competition in that business; and insure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their communities.

Added by Acts 1977, No. 663, §1, eff. July 1, 1978.
La. Rev. Stat. § 37:1281 — LA Code / Code revised-statutes / Title 37 / Section 1281
Fees and costs
Status: in_force

A.(1) As used in this Section, the following terms shall have the following meaning:

(a) "Allied health care practitioner" means an individual who holds any form of health care practitioner licensure that the board is authorized to issue, other than as a physician, including but not limited to licensure as a podiatrist pursuant to R.S. 37:611 et seq.; as a physician assistant pursuant to R.S. 37:1360.21 et seq.; as a midwife pursuant to R.S. 37:3240 et seq.; as a respiratory therapist or respiratory therapy assistant pursuant to R.S. 37:3351 et seq.; as an occupational therapist or occupational therapy assistant pursuant to R.S. 37:3001 et seq.; as a clinical laboratory scientist pursuant to R.S. 37:1311 et seq.; as a clinical exercise physiologist pursuant to R.S. 37:3421 et seq.; as an athletic trainer pursuant to R.S. 37:3301 et seq.; as an acupuncturist or acupuncturist's assistant pursuant to R.S. 37:1356 et seq.; or as a private radiologic technologist pursuant to R.S. 37:1292.

(b) "Physician" means an individual lawfully entitled to engage in the practice of medicine in the state of Louisiana, as evidenced by a current license, certificate, registration, or permit duly issued by the board.

(2) The board shall establish, by rule, a reasonable fee schedule for the issuance, renewal, and reinstatement of any form of license, certificate, registration, or permit issued to a physician or allied health care practitioner and for the fees and costs associated with any other administrative function that it performs, and the receipts from the payment of such fees and costs are to be collected, held, and maintained by the board and used only to carry out the purposes of this and such other Parts as are administered by the board. Such fee and cost schedules may be modified from time to time as deemed necessary by the board.

(3) Notwithstanding the provisions of any other Chapter, the fees and costs established and collectable by the board for the issuance, renewal, or reinstatement of any license, certificate, registration, or permit issued to a physician or allied health care practitioner shall not exceed the following amounts:

(a) Physicians:

(i) Any initial application and license issued by the board to a physician shall not exceed three hundred fifty dollars.

(ii) Any initial restricted, provisional, or temporary license, certificate, registration, or permit issued by the board to a physician, including but not limited to an institutional license or permit, graduate education temporary permit, military physician permit, military intern permit, mini-residency preceptorship permit, post graduate training registration or permit, dispensing registration, reduced fee license, or visiting physician permit, shall not exceed three hundred dollars.

(iii) The renewal of any license, certificate, registration, or permit issued by the board shall not exceed three hundred dollars.

(b) Allied health care practitioners:

(i) Any initial application and license, permit, certificate, or registration issued by the board to an allied health care practitioner shall not exceed three hundred dollars.

(ii) The renewal of any license, certificate, registration, or permit issued by the board to any allied health care practitioner shall not exceed two hundred dollars.

(c) A physician or allied health care practitioner applicant who has failed to renew a license, certificate, registration, or permit timely, shall pay a delinquency fee, in addition to the renewal fee and all other applicable fees and costs, not to exceed an amount equal to the renewal fee.

(d) Miscellaneous costs, fees, and charges for the following information, products, or services shall not exceed the following amounts:

(i) Dishonored negotiable instrument; a fee not to exceed fifty dollars per instrument.

(ii) The actual cost for creation and provision of electronic information, data, product, or service.

(iii) The actual costs associated with electronic or credit card payments and transactions.

(iv) Annual report or official listing of holders of licenses, permits, certificates, or registrations issued by the board; a fee not to exceed fifty dollars.

(v) Actual cost of courier services.

(vi) Actual cost of competency examination approved by the board.

(vii) Administrative costs for competency examination shall be prorated among the examinees as follows: a fee not to exceed one hundred dollars per hour, multiplied by the number of board employees actually administering the competency examination, and divided by the number of examinees.

(viii) Official documents or publications of the board; a fee not to exceed one dollar and fifty cents per page.

(ix) Certification of document as true copy; a fee not to exceed twenty-five dollars.

(x) Certification of document as official record; a fee not to exceed twenty-five dollars.

(xi) Verification or certification of good standing of license, permit, certificate, or registration; a fee not to exceed one hundred dollars.

(xii) Duplicate original of license, permit, registration, certificate, or wallet identification card; a fee not to exceed one hundred dollars.

(xiii) Issuance and service of subpoena; a fee not to exceed fifty dollars, in addition to mileage authorized by state regulations.

(xiv) Compliance or probation officer monitoring fee with respect to licensees on probation; a fee not to exceed four hundred dollars per year.

(4) The cost and expense of any examination or test required by the board as a prerequisite to the issuance, renewal, or restatement of any license, certificate, registration, or permit, shall be paid by the physician or allied health care practitioner applicant directly to the entity, association, or organization administering such examination or test.

(5) In the event of a conflict between the provisions of this Part respecting fees and costs and those contained elsewhere in this Title, including but not limited to Chapters 7, 39, 46, 48, 49, and 52 of this Title and Parts II, IV, and V of this Chapter, the provisions of this Section shall govern.

B.(1) In addition to all other applicable fees and costs attendant to the issuance, renewal, or reinstatement of any license, certificate, permit, or registration issued to a physician by the board pursuant to this Part, the board shall charge and collect an additional annual fee of twenty-five dollars from each physician to be utilized for the identification, monitoring, assistance, and procurement of treatment of physicians suffering from substance abuse, chemical dependency, psychiatric conditions, or physical deficiencies which may interfere with their ability to practice medicine with reasonable skill and safety as defined in R.S. 37:1285(A)(25).

(2) The twenty-five dollar fee established in this Subsection shall be due and payable at the time of application for the issuance, renewal, or reinstatement of any license, permit, certificate, or registration.

C.(1) In addition to all other applicable fees and costs attendant to the issuance, renewal, or reinstatement of any license, certificate, permit, or registration issued to a physician by the board pursuant to this Part, the board shall charge and collect an additional annual fee of seven dollars from each physician for the purpose of establishing and maintaining a continuing education program for physicians.

(2) The seven dollar fee established by this Subsection shall be due and payable at the time of application for the issuance, renewal, or reinstatement of any license, permit, certificate, or registration.

D.(1) The fees established in Subsections B and C of this Section shall not be collected from a licensed physician who has retired from active practice.

(2) The board may adopt rules and regulations to provide for certain other exemptions from payment of such fees.

Acts 1975, No. 350, §1; Acts 2000, 1st Ex. Sess., No. 138, §1, eff. April 19, 2000; Acts 2003, No. 656, §1, eff. June 27, 2003; Acts 2018, No. 206, §3.
La. Rev. Stat. § 37:1042 — LA Code / Code revised-statutes / Title 37 / Section 1042
Louisiana State Board of Optometry Examiners; appointment; terms of members; protected action and communication
Status: in_force

A. The Louisiana State Board of Optometry Examiners is created within the Louisiana Department of Health and is subject to the provisions of R.S. 36:803. The board shall consist of six members who are actively licensed optometrists in good standing with the board and who have practiced optometry in this state for seven years and one consumer member who shall be a representative of minority consumers.

B.(1)(a) One licensed optometrist member of the board shall be a minority appointee selected from the state at large and appointed by the governor. Any person interested in serving in this position may apply directly to the office of the governor.

(b) One licensed optometrist member of the board shall be appointed by the governor from each of the five board districts in accordance with this Subsection. The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity.

(2) The board districts shall be comprised of the following parishes:

(a) District One shall be comprised of the parishes of Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. Helena, St. Tammany, Tangipahoa, and Washington.

(b) District Two shall be comprised of the parishes of Ascension, Assumption, Lafourche, Livingston, St. James, St. John the Baptist, and Terrebonne.

(c) District Three shall be comprised of the parishes of East Baton Rouge, East Feliciana, Iberia, Iberville, Lafayette, Pointe Coupee, St. Martin, St. Mary, West Baton Rouge, and West Feliciana.

(d) District Four shall be comprised of the parishes of Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron, Catahoula, Concordia, Evangeline, Grant, Jefferson Davis, LaSalle, Natchitoches, Rapides, Sabine, St. Landry, Vermilion, and Vernon.

(e) District Five shall be comprised of the parishes of Bienville, Bossier, Caddo, Caldwell, Claiborne, DeSoto, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Red River, Richland, Tensas, Union, Webster, West Carroll, and Winn.

(3) When a vacancy occurs in the membership of the board representing one of the five districts for any reason, including expiration of term, removal, resignation, death, disability, or disqualification, the following nominating process shall be followed:

(a) The optometrist making the nomination shall be a resident of the district where the vacancy occurs.

(b) The optometrist nominee shall be a resident of the district where the vacancy occurs.

(c) Nomination ballots shall be returned to the board office at least sixty days prior to a vacancy occurring by an expiring term.

(d) Nomination ballots shall be returned to the board office at least thirty days following a vacancy occurring by death, resignation, inability to act, or other cause.

(4)(a) The secretary of the board shall transmit to each licensed optometrist, by United States mail, to the last known address of the optometrist indicated in the board's records, a nomination ballot. The ballot, or an accompanying communication, shall indicate the date, time, and place for the counting of ballots. At a gathering open to the public, the ballots shall be counted openly by the secretary or by one or more individuals designated by the president. The secretary shall certify to the governor the names of the three nominees receiving the highest number of nominations. From the names submitted to him in this manner, the governor may select and appoint one eligible individual to fill the vacancy in question.

(b) In the absence of the secretary, or in the event of his inability or failure to act, the duties of the secretary with respect to the mailing and counting of ballots and the certification to the governor shall be performed by the president of the board.

(5) The successor to each member of the board appointed from a board district shall be appointed from the district having the same number designation as the district from which the member who is being replaced was appointed.

(6) District representatives shall be initially appointed as follows:

(a) A representative from District Four to fill a vacancy in the position expiring in June 2022.

(b) A representative from District One to fill a vacancy in the position expiring in June 2023.

(c) A representative from District Five to fill a vacancy in the position expiring in June 2024.

(d) A representative from District Three to fill a vacancy in the position expiring in June 2025.

(e) A representative from District Two to fill a vacancy in a position expiring in June 2026.

C.(1) The consumer member shall be selected from the state at large and appointed by the governor. Any person interested in serving as the consumer member may apply directly to the office of the governor. 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) Shall not have ever 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) Shall not have nor shall ever have 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.

D.(1) Each appointment by the governor shall be subject to Senate confirmation. The term of each member shall be five years, except that no person shall be appointed to serve more than three full terms on the board, whether the service is consecutive or not. A vacancy occurring during the term of an optometrist member shall be filled for the unexpired term by an optometrist possessing the qualifications for board membership, nominated and appointed in accordance with Subsection B of this Section. A vacancy in the consumer position shall be filled with another consumer.

(2) No member of the board shall hold an elected or appointed position in an optometry professional association domiciled in Louisiana at any time during the term of his appointment to the board. The provisions of this Paragraph shall not be construed to prohibit a member of the board from holding an elected or appointed position in an association for regulatory boards of optometry.

E. There shall be no liability on the part of and no action for damages against any of the following persons:

(1) Any member of the board, or its agents or employees, for any action undertaken or performed by such person within the scope of the duties, powers, and functions of the board or such examining committee as provided for in this Chapter when such person is acting without malice and in the reasonable belief that the action taken by him is warranted.

(2) Any person providing information to the board, its agents or employees, whether a witness, or otherwise, unless such information is false and the person providing it knew that such information was false.

F. In any suit brought against the board, its employees or agents, or any person or entity providing information to the board, when the defendant substantially prevails in such suit, the court shall, at the conclusion of the action, award to the defendant and assess against the claimant the cost of defending the suit attributable to such claim, including reasonable attorney fees, if the claim, or the claimant's conduct during the litigation of the claim, was either frivolous, unreasonable, without foundation, or in bad faith. For the purpose of this Subsection, a defendant shall not be considered to have substantially prevailed when the claimant obtains an award for damages or permanent injunctive or declaratory relief.

Acts 1974, No. 442, §1; Acts 1977, No. 684, §11; Acts 2003, No. 987, §1; Acts 2011, No. 149, §1; Acts 2018, No. 515, §2; Acts 2022, No. 313, §1, eff. June 10, 2022; Acts 2023, No. 194, §1; Acts 2025, No. 341, §1.
La. Rev. Stat. § 37:3390.2 — LA Code / Code revised-statutes / Title 37 / Section 3390.2
Reciprocity; other states
Status: in_force

The board may recognize, grant, or issue any credential or status authorized by this Chapter, and without examination in this state, to any applicant holding a valid credential or status recognized or issued in another state, provided the board determines that the credential or status in question is based upon an examination or other requirements substantially equivalent to the requirements of this Chapter and such other requirements as may be prescribed by the board in accordance with the provisions of this Chapter. The board shall have the authority to determine which status or credential, and corresponding scope of practice, authorized by this Chapter should be allowed to an individual seeking reciprocity.

Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.
La. Rev. Stat. § 37:832 — LA Code / Code revised-statutes / Title 37 / Section 832
Louisiana State Board of Embalmers and Funeral Directors; appointments; terms of office
Status: in_force

A.(1) There is created within the Louisiana Department of Health the Louisiana State Board of Embalmers and Funeral Directors that shall be subject to the provisions of R.S. 36:803.

(2) The board shall consist of nine members to be appointed by the governor, subject to Senate confirmation, as further provided in Subsection B of this Section. All members of the board shall serve at the pleasure of the governor for terms of four years. The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity.

B.(1) The board shall include four licensed embalmers and four licensed funeral directors, all of whom shall have been residents of the state of Louisiana for at least five years and all of whom shall have had experience in their respective professions for at least five years. Eight members shall be appointed as follows:

(a) Two members shall be residents of District A, comprised of the parishes of Orleans, Jefferson, St. Bernard, and Plaquemines.

(b) Two members shall be residents of District B, comprised of the parishes of Vernon, Rapides, Avoyelles, Concordia, Catahoula, LaSalle, Grant, Natchitoches, Sabine, DeSoto, Red River, Winn, Caldwell, Franklin, Tensas, Madison, Richland, Ouachita, Jackson, Bienville, Bossier, Caddo, Webster, Claiborne, Lincoln, Union, Morehouse, West Carroll, and East Carroll.

(c) Two members shall be residents of District C, comprised of the parishes of Beauregard, Allen, Evangeline, St. Landry, St. Martin, Iberia, St. Mary, Lafayette, Acadia, Calcasieu, Jefferson Davis, Cameron, and Vermilion.

(d) Two members shall be residents of District D, comprised of the parishes of Pointe Coupee, West Feliciana, East Feliciana, St. Helena, Tangipahoa, Washington, St. Tammany, St. John the Baptist, St. Charles, Lafourche, Terrebonne, Assumption, Iberville, West Baton Rouge, East Baton Rouge, Livingston, Ascension, and St. James.

(2)(a) The board shall also include one consumer member who shall be selected from the state at large and appointed by the governor. 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, except that the consumer member shall not participate in the grading of individual examinations.

C. Each appointment shall be submitted to the Senate for confirmation. Members of the board may serve two consecutive four-year terms. However, at least one year shall elapse between the expiration of a member's second consecutive term and his appointment to a subsequent term. When the governor removes a member and replaces him with another person, the replacement shall serve for the remainder of the removed member's term. Such service shall constitute a four-year term for purposes of this Section.

Acts 1963, No. 12, §1; Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M.; Acts 1977, No. 684, §2. Acts 1984, No. 941, §1, eff. July 20, 1984; Acts 1986, No. 782, §1, eff. noon July 11, 1988; Acts 1988, No. 275, §§1, 2, eff. July 1, 1988; Acts 1990, No. 163, §1; Acts 2008, No. 811, §1; Acts 2018, No. 515, §2.

NOTE: See Acts 1984, No. 941, §2.

NOTE: See Acts 1986, No. 782, §2.

NOTE: See Acts 1988, No. 275, §3.

NOTE: See Acts 1990, No. 163, §2.
La. Rev. Stat. § 37:1123 — LA Code / Code revised-statutes / Title 37 / Section 1123
Louisiana Licensed Professional Counselors Board of Examiners; 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 Licensed Professional Counselors Board of 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. It shall not include intelligence information gathered for investigatory purposes or 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, provisional license, or certification that the board is authorized to issue.

B. In addition to any other requirements established by board rules, the board may require an applicant, as a condition of 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 the reasonable costs 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 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 survey its criminal history records and identification files and make a simultaneous request of the FBI for like information from other jurisdictions. The bureau may charge the board a reasonable 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 deemed nonpublic and confidential information restricted to the exclusive use by 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.

F. 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 is unsatisfactory and rejected. If an application is rejected, such notice shall state the reasons for the rejection and the applicant's right to a compliance hearing in accordance with the rules and regulations promulgated by the board.

Acts 2013, No. 173, §1, eff. Jan. 1, 2014; Acts 2014, No. 484, §1, eff. May 1, 2015.
La. Rev. Stat. § 37:1314 — LA Code / Code revised-statutes / Title 37 / Section 1314
Clinical Laboratory Personnel Committee; creation; membership; qualification; appointment; term; vacancy; officers; meetings; reimbursement
Status: in_force

A. The Clinical Laboratory Personnel Committee is hereby created under the jurisdiction of the Louisiana State Board of Medical Examiners. The clinical laboratory personnel members of the committee shall reflect the rural and urban demographics of the state and no more than four clinical laboratory personnel committee members shall be domiciled in the same congressional district.

B. The committee shall consist of fourteen members. The board shall appoint four members of the committee, subject to Senate confirmation, as follows:

(1) One physician, who shall be a rural family practitioner, appointed from a list of three names submitted by the Louisiana State Medical Society.

(2) One physician appointed from a list of three names submitted by the Louisiana Pathology Society.

(3) One hospital administrator appointed from a list of three names submitted by the Louisiana Hospital Association.

(4) One member of the board who shall not be a voting member of the committee and shall act as the committee's liaison to the board. The provisions of Subsections E and F of this Section and the requirement of Senate confirmation shall not apply to this member of the board.

C.(1) The governor shall appoint ten members of the committee, subject to Senate confirmation, as follows:

(a) One clinical laboratory scientist-generalist, who has been employed in a supervisory or administrative capacity.

(b) One clinical laboratory scientist-generalist, who has been actively engaged in clinical laboratory science education.

(c) One clinical laboratory scientist-generalist, not holding a degree above the baccalaureate level.

(d) One clinical laboratory scientist-technician.

(e) One clinical laboratory scientist-specialist appointed from a list of four names compiled by the submission of two names from each of the following two organizations:

(i) The Louisiana State Society for Medical Technology.

(ii) The Clinical Laboratory Personnel Association.

(f) One clinical laboratory scientist-generalist who is in a supervisory or administrative capacity appointed from a list of three names submitted by the Louisiana Hospital Association.

(g) One cytotechnologist appointed from a list of three names submitted by the Clinical Laboratory Personnel Association.

(h) One laboratory assistant who shall be a member of the American Association of Bioanalysts appointed from a list of three names submitted by the Louisiana Hospital Association.

(i) One individual who is an administrator of a Louisiana community and technical college appointed from a list of names submitted by the Louisiana Community and Technical College System.

(j) One individual who is an educator in a clinical laboratory science program from a two or four year program appointed from a list of names submitted by the Board of Regents.

(2) Each clinical laboratory personnel member of the committee enumerated in Subparagraphs (1)(a) through (d) of this Subsection shall be appointed from four respective lists of six names each compiled by the submission of two names from each of the following three organizations:

(a) The Louisiana State Society for Medical Technology.

(b) The Clinical Laboratory Personnel Association.

(c) The Louisiana State Society of American Medical Technologists.

(3) Each clinical laboratory personnel member appointed to the committee shall be a resident of this state and shall have been actively engaged in the practice of clinical laboratory science in his field of specialty or clinical laboratory science education for five years immediately prior to appointment. All clinical laboratory personnel appointed to the committee shall be licensed under this Part.

D. Appointees shall serve for a three-year term. No member shall serve more than two consecutive three-year terms. No two members who are employed in the same clinical laboratory shall serve concurrently.

E. Any vacancy occurring in the membership of the committee shall be filled for the unexpired term in the same manner as the original appointment.

F. The board may remove any member for misconduct, incompetence, or neglect of duty, after a hearing and upon the recommendation by a majority vote of the committee and the board.

G.(1) The committee shall meet at least semiannually, on a date and at a time and place as it may designate. The committee may meet at such other times as deemed necessary by the chairman or by the majority of its members. Reasonable notice of all meetings shall be given in the manner prescribed by the committee. Seven voting members of the committee shall constitute a quorum at any meeting for the transaction of business.

(2) The committee may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.

H. Annually, the committee shall elect from its membership a chairman and such other officers as it deems necessary to carry out the duties and functions of the committee. The board member sitting on the committee shall not be eligible to serve as an elected officer of the committee. Each officer shall serve a one-year term. In the event an officer is unable to complete his term, the chairman shall appoint a successor to fill the unexpired term.

I. Each member of the committee shall receive reimbursement for actual expenses and mileage at the same rate set by the division of administration for state employees under the provisions of R.S. 39:231, for each day in actual attendance at committee meetings or for representing the committee in an official committee-approved activity.

J. Repealed by Acts 2018, No. 390, §2.

Acts 1993, No. 396, §2, eff. Aug. 1, 1993; Acts 2010, No. 80, §1, eff. June 1, 2010; Acts 2018, No. 390, §§1, 2; Acts 2022, No. 408, §1.
La. Rev. Stat. § 37:1310.12 — LA Code / Code revised-statutes / Title 37 / Section 1310.12
Rulemaking
Status: in_force

The Louisiana State Board of Medical Examiners shall adopt rules and regulations for the administration of this Part as are necessary for the adequate protection of the health and welfare of the citizens of this state.

Acts 2022, No. 757, §1.
La. Rev. Stat. § 37:1337 — LA Code / Code revised-statutes / Title 37 / Section 1337
Provisional license
Status: in_force

A. A license as a provisional licensed perfusionist may be issued by the board to a person who has successfully completed an approved perfusion program and the filing of an application, payment of an application fee, and the submission of evidence satisfactory to the board of the successful completion of the education requirement set forth in R.S. 37:1333.

B. A provisional licensed perfusionist shall be under the supervision and direction of a licensed perfusionist at all times during which the provisional licensed perfusionist performs perfusion. Rules adopted by the board governing such supervision and direction may not require the immediate physical presence of the supervising licensed perfusionist.

C. A provisional license is valid for two years from the date it is issued and may be extended subject to rule by the board. The application for extension must be signed by a supervising licensed perfusionist.

D. Upon expiration of the two-year period, if the provisionally licensed perfusionist has not successfully completed the required examination, the provisional license will be surrendered to the board.

Acts 2003, No. 811, §1, eff. July 1, 2003.
La. Rev. Stat. § 37:114 — LA Code / Code revised-statutes / Title 37 / Section 114
Right to request court order requiring compliance
Status: in_force

The party aggrieved by the alleged failure or refusal of another to perform according to the provisions of this Section may petition any district court of proper venue over the parties for an order directing that the parties comply with the public accountant review panel provisions of this Part.

Acts 1997, No. 747, §1.
La. Rev. Stat. § 37:701 — LA Code / Code revised-statutes / Title 37 / Section 701
Public and private work; application of provisions
Status: in_force

A. Persons performing subprofessional work as defined in the rules or regulations of the board, or acting as construction or process superintendents or foremen, need not be licensed under this Chapter, but their work shall be supervised by a professional engineer when their work involves the practice of engineering, and by a professional land surveyor when the work involves the practice of land surveying.

B. No planning, specifications, drawings, or construction by an individual for his own use of private homes or dwellings, domestic structures or works, or any agricultural works done on farmlands shall come under the jurisdiction of this Chapter.

C. This Chapter shall not apply to, affect, interfere with, or in any way regulate employees of firms engaged in industrial operations, including but not limited to producing, processing, manufacturing, transmitting, distributing, or transporting, when performing services within the state of Louisiana in the course and scope of the business of said firms or affiliates thereof. In the event any of the activities set forth in this Subsection shall fall within the definition of practice of engineering as defined in R.S. 37:682, such activities shall be under the responsible charge of a professional engineer. However, this Subsection shall not apply to persons practicing civil engineering or land surveying, who must at all times comply with the provisions of this Chapter.

D. All land surveying shall be performed by a professional land surveyor, who, for purposes of this Subsection, shall be any person who practices land surveying within the meaning and intent of this Chapter, and who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a land surveyor.

E. A person shall not be construed as practicing land surveying who establishes lines and elevations for canals or levees for irrigation or erosion control on lands owned, rented, or leased by him if such person performing the work received no remuneration of any kind for his services.

F. Services performed by employees in determining lines within established boundaries and between established corners of property owned by, leased to, or under the control of their employers in the course and scope of such employer's business, and in locating drilling sites, lines of pipe, or improvements on such property, shall not be construed as falling under the definition of "practice of land surveying" within the meaning of this Chapter, and are not covered by this Chapter.

G. Nothing in this Chapter shall be construed as permitting any person, other than a professional engineer, to affix his signature as such to engineering plans, specifications, or estimates.

H.(1) Any licensed architect, professional engineer, or professional land surveyor, engaged by the owner of a particular piece or parcel of ground to perform architectural, engineering, or land surveying services, as such services are defined in R.S. 37:141 and 682, shall have a lien and privilege against the particular piece or parcel of ground with respect to which the services were rendered, when work on said piece or parcel of ground, as defined in R.S. 9:4808, has not begun.

(2) A written statement of the claim must be filed for registry with the recorder of mortgages of the parish in which the immovable property is located within ninety days of the date of rendition of the services and shall not be effective as to third persons until such time as the statement of the claim is so filed, but thereafter shall be a first lien and privilege superior to any lien, privilege, or mortgage subsequently recorded. This lien or privilege shall be ranked as provided by R.S. 9:4821.

I. An architect as defined in R.S. 37:141(B) has a right to engage in certain activities that fall within the definition of the practice of engineering as defined in R.S. 37:682, but only to the extent such activities are necessarily incidental to the architect's practice of architecture as defined in R.S. 37:141(B). Such incidental engineering work is limited to minor mechanical, electrical, or civil-structural engineering work necessarily incidental to the architect's practice of architecture. The incidental engineering work shall be of a secondary nature and shall be substantially less in scope and magnitude when compared to the architectural portion of the work. Incidental engineering work includes additions, renovations, or alterations that do not require significant adjustments to the engineering calculations for the changes to the engineering systems or components. The incidental engineering work shall be safely and competently performed by the architect without jeopardizing the life, health, property, or welfare of the public. The incidental engineering work shall also satisfy all of the following conditions for new construction or additions:

(1) For new construction, the total proposed occupant load for the new construction shall not exceed two hundred ninety-nine individuals for assembly occupancy and forty-nine individuals for all other occupancies. The occupant load shall be defined and determined by the method set forth in the currently enforced building code.

(2) For additions, the total proposed occupant load for the addition shall not exceed two hundred ninety-nine individuals for assembly occupancy and forty-nine individuals for all other occupancies. The occupant load shall be defined and determined by the method set forth in the currently enforced building code.

Acts 1980, No. 568, §1; Acts 1984, No. 513, §1; Acts 1987, No. 694, §1; Acts 1999, No. 396, §1; Acts 2003, No. 279, §5; Acts 2022, No. 145, §1.

{{NOTE: SEE ACTS 1987, NO. 694, §§2 AND 3.}}
La. Rev. Stat. § 37:682 — LA Code / Code revised-statutes / Title 37 / Section 682
Definitions
Status: in_force

The following words and phrases when used in this Chapter shall have the following meaning, unless the context clearly requires otherwise:

(1) "Applicant" shall mean any person seeking to practice engineering or land surveying in the state of Louisiana, that has applied to the board for authority to practice the respective profession and render such engineering or land surveying services in the state of Louisiana, or an individual who has applied to the board for certification as an engineer intern or land surveyor intern.

(2) "Board" shall mean the Louisiana Professional Engineering and Land Surveying Board, provided for by this Chapter.

(3) "Certification", "certified", or "certificate holder" shall mean the recognition granted by the board and its issuance of acertificate to any individual seeking such recognition as an engineer intern or land surveyor intern, who has been successfully examined and is otherwise in good standing with the board.

(4) "Dual licensee" shall mean any person practicing or seeking to practice both engineering and land surveying in the state of Louisiana who has received both licenses from the board and is otherwise in good standing with the board. This term is often used synonymously with the term "dual registrant".

(5) "Engineer" or "professional engineer" shall mean an individual who, by reason of his special knowledge and ability to apply the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by an engineering education and engineering experience, is qualified to practice engineering, as evidenced by his licensure as such by the board.

(6) "Engineer intern" shall mean an individual who has complied with the requirements for education, experience, and character and has passed an examination in the fundamental engineering subjects, as provided in this Chapter, and has been issued a certificate by the board.

(7) "Firm" shall mean any domestic or foreign firm, partnership, association, cooperative, venture, corporation, limited liability company, limited liability partnership, or any other entity.

(8) "Land surveyor" or "professional land surveyor" shall mean an individual who is qualified to practice land surveying, as evidenced by his licensure as such by the board.

(9) "Land surveyor intern" shall mean an individual who has complied with the requirements for education, experience, and character and has passed an examination in the fundamental surveying subjects, as provided in this Chapter, and has been issued a certificate by the board.

(10) "Licensed" or "licensure" shall mean the recognition granted by the board and its issuance of a license to any person to practice engineering or land surveying in the state of Louisiana. These terms are often used synonymously with the terms "registered" or "registration".

(11) "Licensee" shall mean any person practicing or seeking to practice engineering or land surveying in the state of Louisiana that has received a license from the board and is otherwise in good standing with the board. The term is often used synonymously with the term "registrant".

(12) "Person" shall mean any individual or firm.

(13)(a) "Practice of engineering" shall mean responsible professional service which may include consultation, investigation, evaluation, planning, designing, or inspection of construction in connection with any public or private utilities, structures, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health, and property is concerned or involved, when such professional service requires the application of engineering principles and the interpretation of engineering data.

(b) A person shall be construed to practice or offer to practice engineering: who practices in any discipline of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer; or who represents himself as able to perform; or who does perform any engineering service or work or any other professional service designated by the practitioner or recognized by educational authorities as engineering. The practice of engineering shall not include the work ordinarily performed by a person who himself operates or maintains machinery or equipment.

(14)(a) "Practice of land surveying" shall include the measuring of areas, land surfaces, streams, bodies of water, and swamps for correct determination and description, for the establishment, reestablishment, ascertainment, or description of land boundaries, corners, divisions, distances, and directions, the plotting and monumenting of lands and subdivisions thereof, and mapping and topographical work.

(b) A person shall be construed to practice or offer to practice land surveying when that person engages in land surveying and by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a land surveyor, or represents himself as able to perform or does perform any land surveying service or work, or any other service designated by the practitioner which is recognized as land surveying.

(15) "Responsible charge" shall mean the direct control and personal supervision of engineering or land surveying service or work, as the case may be.

(16) "Responsible professional services" shall mean the technical responsibility, control, and direction of the investigation, design, or construction of engineering service or work requiring initiative, engineering ability, and its use of independent judgment.

Acts 1980, No. 568, §1; Acts 1997, No. 361, §1; Acts 1999, No. 396, §1; Acts 2003, No. 279, §5; Acts 2020, 2 nd Ex. Sess., No. 2, §1, eff. Jan. 1, 2021.
La. Rev. Stat. § 37:842 — LA Code / Code revised-statutes / Title 37 / Section 842
Minimum qualifications for license
Status: in_force

A. Qualifications for a funeral director license. Any applicant is qualified for a license as a funeral director if he meets all of the following requirements:

(1) Is at least eighteen years of age.

(2) Has obtained a high school diploma or its equivalent.

(3) Is found by the board to be of good moral character and temperate habits.

(4) Has successfully completed a minimum of thirty semester hours in an accredited college or university as evidenced by a certified copy of the transcript of the college or university. The minimum subject hours shall include twenty-one semester hours of the basic freshman courses, which include but are not limited to the following: English, mathematics, bookkeeping, accounting, business mathematics, psychology, history, science, business administration, biology, economics, chemistry, and marketing or such other minimum hours as the law may provide. Remedial classes and courses such as music, the arts, physical education, and sports shall not be considered as accepted courses.

(5) Has served an internship in the state of Louisiana for a period of not less than nine months, or thirty-nine weeks, and not more than forty-eight months, or two hundred eight weeks, has actively assisted in at least thirty funerals, and has completed at least one thousand five hundred sixty contact hours during the internship period. A funeral director intern may receive credit for up to two-thirds of the internship requirement prior to the completion of thirty semester hours.

(6) Has paid the application fee required by R.S. 37:845.

(7) Passes satisfactorily an examination conducted by the board relative to the practice of the profession of funeral directing as defined in R.S. 37:831.

B. Qualifications for an embalmer and funeral director license. Any applicant is qualified for license as an embalmer and funeral director if he meets all of the following requirements:

(1) Meets the requirements set forth in Paragraphs (A)(1), (2), (3), and (6) of this Section for funeral directors.

(2) Has successfully completed a full course in the science of embalming and the profession of funeral directing at an accredited school recognized by the board.

(3) Passes satisfactorily an examination conducted by the board relative to the practice of the science of embalming and the profession of funeral directing as defined in R.S. 37:831.

(4) Has served an internship in the state of Louisiana for a period of not less than nine months, or thirty-nine weeks, and not more than forty-eight months, or two hundred eight weeks, actively assisted in at least thirty embalming operations and thirty funerals and completed at least one thousand five hundred sixty contact hours during the internship period. An embalmer and funeral director intern may receive credit for up to two-thirds of the internship requirement prior to graduating from an accredited school recognized by the board.

C. Licensure by endorsement. Any applicant is qualified for license as an embalmer and funeral director or funeral director by endorsement in this state if he meets all of the following requirements:

(1) Holds a license in good standing issued by another state, province, or jurisdiction recognized by the board that is substantially equivalent to the requirements of this state and who meets the requirements of this Chapter.

(2) Meets all of the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section for an embalmer and funeral director or funeral director license.

(3) Has worked for a period of not less than three months within the state of Louisiana under the authority of a temporary license.

D. Qualifications for an embalmer and funeral director temporary license. Any applicant is qualified for an embalmer and funeral director temporary license by endorsement in this state if he meets the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section and furnishes the board with all of the following:

(1) Proof that he holds a valid embalmer and funeral director license in good standing from another state, province, or jurisdiction recognized by the board. The board may waive this requirement in those cases where the recognized state, province, or jurisdiction does not license embalmers or funeral directors.

(2) Proof that he has graduated from an accredited program in mortuary science recognized by the board.

(3) Proof that he has passed a nationally recognized examination.

(4) Proof that he has practiced the science of embalming and the profession of funeral directing for a period of not less than one year during the prior three-year period.

(5) Proof in the form of a statement that all of the following are true:

(a) No proceeding has been instituted against the applicant for the cancellation, suspension, or revocation of the license in the state, province, or jurisdiction that issued the license.

(b) No prosecution is pending against the applicant in a state or federal court for an offense that, under the laws of this state, is a felony or is a misdemeanor related to the science of embalming or the profession of funeral directing.

(c) The qualifications made in the application for licensure in this state are correct.

E. Qualifications for a funeral director temporary license. Any applicant is qualified for a funeral director temporary license by endorsement in this state if he meets the requirements of Paragraphs (A)(1), (2), (3), and (6) of this Section and furnishes the board with all of the following:

(1) Proof that he holds a valid funeral director license in good standing from another state, province, or jurisdiction recognized by the board. The board may waive this requirement in those cases where the recognized state, province, or jurisdiction does not license funeral directors.

(2) Proof that he has passed a recognized examination.

(3) Proof that he has practiced the profession of funeral directing for a period of not less than one year during the prior three-year period.

(4) Proof in the form of a statement that all of the following are true:

(a) No proceeding has been instituted against the applicant for the cancellation, suspension, or revocation of the license in the state, province, or jurisdiction that issued the license.

(b) No prosecution is pending against the applicant in a state or federal court for an offense that, under the laws of this state, is a felony or is a misdemeanor related to the science of embalming or the profession of funeral directing.

(c) The qualifications made in the application for licensure in this state are correct.

F. Any establishment where the business of funeral directing or embalming as defined in R.S. 37:831 is conducted within this state shall be duly licensed. An establishment shall be qualified to be licensed to operate as such if it meets all of the following requirements:

(1) It is managed or is to be managed by a funeral director holding a valid license, other than a temporary license, from the state of Louisiana. The funeral director shall manage the establishment on a full-time basis and funeral directing shall be his principal occupation.

(2) Embalming is performed only by an embalmer and funeral director holding a valid license from the state of Louisiana or a registered intern under the supervision of a state-licensed embalmer and funeral director.

(3)(a) It is found, after proper investigation to meet the requirements established by the board with respect to all of the following:

(i) Licensed personnel, including those working under the authority of a temporary license.

(ii) Registered interns.

(iii) Embalming facilities for the sanitation, disinfection, and preparation of a human body.

(iv) Adequate buildings.

(v) Display rooms for displaying funeral merchandise consisting of, but not limited to a minimum of six adult caskets of a variety of styles and quality.

(vi) Other necessary facilities, furnishings, and equipment to adequately serve the public.

(b) The embalming facilities and display rooms described in this Paragraph are required in every funeral establishment that is not a branch establishment.

(4) Furnishes such further information as the board may require regarding its qualifications and operations.

(5) Makes payment to the board of the fee required by R.S. 37:845.

G. Licenses issued pursuant to Subsection F of this Section shall be for a specific name and location, and amended from time to time to show any change of name or location upon the payment of a charge equaling a license renewal fee.

H. Every license issued hereunder shall be signed by the president and secretary of the board, and bear the imprint of the board's seal. The board shall register each license holder as being duly licensed for the purpose covered by such license.

Acts 1958, No. 28, §1; Acts 1963, No. 12, §1; Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M.; Acts 1974, No. 3, §2; Acts 1977, No. 283, §2; Acts 1990, No. 415, §1, eff. Sept. 1, 1990; Acts 2010, No. 372, §1; Acts 2014, No. 264, §1; Acts 2015, No. 25, §1; Acts 2020, No. 329, §1, eff. June 12, 2020.
La. Rev. Stat. § 37:768 — LA Code / Code revised-statutes / Title 37 / Section 768
Licensure by credentials
Status: in_force

No person who meets all of the criteria established under the provisions of this Chapter and those rules and regulations promulgated by the board relative thereto shall be denied a license based on credentials. Licensure by credentials shall be utilized to evaluate a dentist's and dental hygienist's theoretical knowledge and clinical skill when an applicant for licensure by credentials holds a dental or dental hygiene license in another state. This Chapter shall not be construed to allow licensure by reciprocity which is prohibited.

Acts 1991, No. 727, §1; Acts 1995, No. 920, §1.
La. Rev. Stat. § 37:33 — LA Code / Code revised-statutes / Title 37 / Section 33
License; pre-application eligibility determination
Status: in_force

A.(1) An individual convicted of a crime may request at any time, including before obtaining any required education or training, that an entity issuing licenses to engage in certain fields of work pursuant to state law determine whether the individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the licensing entity.

(2) An individual making such a request shall include any identifying information required by the licensing entity and details of the individual's criminal conviction, including any information relevant to the factors provided in R.S. 37:2950.

B.(1) Not later than forty-five days after receiving a request in accordance with this Section, the licensing entity shall inform the individual whether, based on the criminal record information submitted, the individual is disqualified from receiving or holding the license about which the individual inquired. Any suspension of legal deadlines by executive order shall apply to this Subsection.

(2) An individual making such a request may seek a criminal background check at the time of a pre-application eligibility determination. In such cases, the licensing entity shall inform the individual of a disqualifying determination within forty-five days of receipt of the criminal background check report.

(3) A determination made pursuant to this Section is binding upon a licensing authority unless, at the time a full application for a license is submitted, the applicant has been subsequently convicted of a crime, has pending criminal charges, or has previously undisclosed criminal convictions.

C. Any decision made pursuant to this Section shall be made in accordance with R.S. 37:2950.

Acts 2014, No. 809, §1, eff. June 19, 2014; Acts 2017, No. 262, §1; Acts 2022, No. 486, §1.
La. Rev. Stat. § 37:3075 — LA Code / Code revised-statutes / Title 37 / Section 3075
Suspension or revocation of license; causes; hearing
Status: in_force

A. After notice and an opportunity for hearing, the board may suspend or revoke any license or certificate issued to any electrologist for any of the following causes:

(1) Conviction of a crime.

(2) Fraud, deceit, or perjury in obtaining a diploma or certificate of licensure.

(3) Habitual drunkenness.

(4) Habitual use of morphine, opium, cocaine, or other drugs having similar effect.

(5) Deceiving or defrauding or attempting to deceive or defraud the public.

(6) Obtaining or attempting to obtain payment for electrolic services by fraud, deceit, or perjury.

(7) Incompetency, gross negligence, or gross misconduct in professional activities.

(8) Intentional violation of federal, state, or municipal laws or regulations relative to contagious and infectious diseases or other public health matters.

B. Nothing in this Section shall be construed to prevent a licensed practitioner from mailing educational material to his patients or the dissemination of educational material approved by electrolysis societies or associations and the board.

Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980.
La. Rev. Stat. § 37:1360.86 — LA Code / Code revised-statutes / Title 37 / Section 1360.86
Direct practice not an insurer
Status: in_force

A direct practice that complies with the provisions of this Part is not a health insurance insurer and not subject to the provisions of nor the regulations under Title 22 of the Louisiana Revised Statutes of 1950.

Acts 2014, No. 867, §1.
La. Rev. Stat. § 37:3174 — LA Code / Code revised-statutes / Title 37 / Section 3174
Powers and authority of the board
Status: in_force

The board shall have the following powers and authority:

(1) To enforce the provisions of this Chapter and incur such expenses as are necessary within the operating budget of the board.

(2) To adopt and promulgate rules of organization, practice, and procedure; establish criteria for eligibility for licensing; and to provide for the taking of examinations.

(3) To adopt, promulgate, and enforce rules and regulations governing the standards of education, service, conduct, and practice of persons licensed under this Chapter.

(4) To maintain an official roster showing the name, license number, and address of each interior designer licensed under this Chapter and in good standing.

(5) To employ an executive director, legal counsel, and such other assistants and clerical staff and other employees as it deems necessary.

Acts 1984, No. 227, §2, eff. June 29, 1984; Acts 1990, No. 846, §1.

{{NOTE: SEE SECTION 3 OF ACT 227 OF THE 1984 R.S.}}
La. Rev. Stat. § 37:81 — LA Code / Code revised-statutes / Title 37 / Section 81
Hearings by the board
Status: in_force

A. In any case where probable cause with respect to a violation by a holder of a certificate, permit, or privilege granted under R.S. 37:94 has been determined by the board, whether following an investigation or upon receipt of a written complaint furnishing grounds for a determination of such probable cause or upon receipt of notice of a decision by the board of accountancy of another state furnishing such grounds, the board shall issue a complaint setting forth appropriate charges and set a date for a hearing before the board on such charges. The board shall serve a copy of the complaint and notice of the time and place of the hearing upon the holder of the certificate or permit, together with a copy of the board's rules governing proceedings, not less than thirty days prior to the date of the hearing, either by personal delivery or by mailing a copy by certified mail, or such other delivery methods available to the board, to the holder of the certificate or permit at the address last known to the board or to the registered agent for service of process.

B. A holder of a certificate, permit, or privilege against whom a complaint has been issued, referenced herein as the respondent, shall have the right, reasonably in advance of the hearing, to examine and copy the report of investigation, if any, and any documentary or testimonial evidence and summaries of anticipated evidence in the board's possession relating to the subject matter of the complaint. The board shall specify the manner in which such right may be exercised.

C. In such a hearing, the respondent may appear in person or through counsel, or in the case of a firm through a partner, officer, director, shareholder, member, manager, or through counsel. The respondent may examine witnesses and evidence presented in support of the complaint and present evidence and witnesses on the respondent's own behalf. The respondent shall be entitled upon application to the board to the issuance of subpoenas to compel the attendance of witnesses and the production of documentary evidence.

D. The evidence supporting the complaint shall be presented by the investigating officer, by a board member designated for that purpose, or by counsel. A board member who presents the evidence or who has conducted the investigation of the matter shall not participate in the board's decision of the matter.

E. The board may be advised by counsel in a hearing who shall not be the same counsel who presents or assists in presenting the evidence supporting the complaint.

F. The board shall not be bound by technical rules of evidence in such hearing.

G. A stenographic or electronic record of the hearing shall be made and filed with the board. A transcript need not be prepared unless review is sought or the board determines that there is good cause for its preparation.

H. In such a hearing, a recorded vote of a majority of all members of the board then in office, excluding members disqualified by reason of Subsection D of this Section, shall be required to sustain any charge and to impose any penalty with respect thereto.

I. If, after service of a complaint and notice of hearing, the respondent fails to appear at the hearing, the board may proceed to hear evidence against the respondent and may enter such order as it deems warranted by the evidence, which order shall be final unless the respondent petitions for review. However, within ten days from the date of such order upon a showing of good cause for the respondent's failure to appear and defend, the board may set aside the order and schedule a new hearing on the complaint.

J. Any person or firm adversely affected by any order of the board may file a written petition for review of the order with the Civil District Court for the parish of Orleans within thirty days after the entry of the order. The procedures for review and the scope of the review shall be as specified in the judicial review of adjudication procedures of the Administrative Procedure Act.

K.(1) In any case where the board renders a decision imposing discipline against a respondent, the board shall examine its records to determine whether the licensee holds a certificate, permit, or privilege in any other state. If so, the board shall notify the board of accountancy of such other state of its decision by mail within forty-five days of rendering the decision.

(2) The board may also furnish information relating to such proceedings to other regulatory authorities and to private professional organizations having a disciplinary interest in the respondent.

(3) Where a petition for review has been filed, such notification and furnishing of information shall await the resolution of such review. If the resolution is in favor of the respondent, no such notification or furnishing of information shall be made.

Acts 1979, No. 510, §1; Acts 1991, No. 880, §1, eff. Jan. 1, 1992; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2006, No. 214, §1; Acts 2007, No. 102, §1.
La. Rev. Stat. § 37:92 — LA Code / Code revised-statutes / Title 37 / Section 92
Prescriptive and peremptive period
Status: in_force

Notwithstanding any other law to the contrary, the prescriptive and peremptive period in all actions brought in this state against any licensee or any employee or principal of a licensee shall be governed exclusively by R.S. 9:5604. The scope of the duty of a licensee or an employee or principal of a licensee to clients and nonclients shall be determined exclusively by R.S. 37:91, regardless of the domicile of the parties involved.

Acts 1993, No. 946, §1, eff. June 25, 1993; Acts 1999, No. 473, §1, eff. June 18, 1999.
La. Rev. Stat. § 37:2708 — LA Code / Code revised-statutes / Title 37 / Section 2708
Qualification; licensed clinical social worker
Status: in_force

A. No individual shall be eligible for licensure by the board as a licensed clinical social worker unless the individual:

(1) Is of good moral character and whose screening for criminal history pursuant to R.S. 37:2710 contains no disqualifying information.

(2) Holds a master's degree from an accredited graduate school of social work.

(3) Has completed at least three thousand hours of postgraduate social work practice over a minimum of two years and a maximum of four years while under the supervision of a board-approved clinical supervisor. The board shall consider circumstances warranting more than four years to complete this experience requirement.

(4) Has passed an examination approved by the board.

B. An individual holding the licensed clinical social worker license may independently engage in advanced social work practice based on the application of social work theory, knowledge, ethics, and methods to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. The practice of clinical social work requires the application of specialized clinical knowledge and advanced clinical skills in the areas of prevention, assessment, diagnosis, and treatment of mental, emotional, and behavioral and addiction disorders. Treatment methods include the provision of individual, marital, couple, family, and group psychotherapy. The practice of clinical social work may include private practice, employee assistance and addiction services, and the provision of clinical supervision. A licensed clinical social worker may work as an employee in a practice setting or independently in private practice.

C. Repealed by Acts 2010, No. 880, §2, eff. Jan. 1, 2010.

Added by Acts 1972, No. 706, §1; Acts 1999, No. 1309, §7, eff. Jan. 1, 2000; Acts 2001, No. 595, §1; Acts 2004, No. 375, §1; Acts 2007, No. 436, §1; Acts 2010, No. 880, §§1, 2, eff. Jan. 1, 2011; Acts 2021, No. 215, §1, eff. Jan. 1, 2022.
La. Rev. Stat. § 37:848 — LA Code / Code revised-statutes / Title 37 / Section 848
Unlawful practice
Status: in_force

A. No person, not certified and registered under the provisions of this Chapter, shall embalm, or pretend to practice the science of embalming, or conduct the business of funeral directing; however, a licensed funeral director shall not be required to supervise the disinterment of a dead human body when disinterment and reburial is made in the same cemetery by its designated sexton who shall be responsible to supervise the disinterment and reburial.

B. Every member of a firm or corporation engaged in the practice of the science of embalming or the business of funeral directing, or both, and the manager of each place of business conducted by such firm or corporation, whose duties engage him directly in the care and preparation, or the supervision of the disposal, burial or disinterment of dead human bodies, shall possess a certificate issued under the provisions of this Chapter.

C. It shall be unlawful for anyone to engage in the business of funeral directing or embalming as defined in R.S. 37:831 unless such business is conducted by a duly licensed Louisiana funeral establishment.

D.(1) Only a licensed embalmer may embalm a dead human body.

(2) If the body is to be held by the funeral establishment longer than thirty hours after the time of death, it shall be embalmed or the body may be refrigerated continuously at a temperature not to exceed forty-five degrees Fahrenheit.

(3) If the body is not embalmed or refrigerated, it shall be buried, cremated, or otherwise disposed of within thirty hours after death or as soon as possible after its release by the proper authorities.

(4) If the condition of the body does not permit embalming by the introduction of chemical substances, fluids, or gas into the body by vascular or hypodermic injection or by direct application into the organs or cavities, it shall be embalmed by an outward application of such substances.

(5) Every dead human body shall be disposed of and prepared through a funeral establishment and under the supervision of a licensed funeral home or embalmer.

(6) Notwithstanding any provision of this Part to the contrary, a licensed hospital or medical school may hold a body for more than thirty hours without having the body embalmed and a licensed hospital, medical school, or the Bureau of Anatomical Services may dispose of any tissues or organs according to accepted procedures.

(7) Nothing in this Subsection shall be construed to require embalming if specific practices and beliefs of religious groups prohibit it.

E. The provisions of Paragraphs (D)(1) through (5) of this Section shall not apply to the Anatomical Board (R.S. 17:2271-2280).

F. The provisions of Paragraphs (D)(1) through (5) of this Section shall not apply to accredited schools of mortuary science or funeral service.

Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M.; Acts 1974, No. 3, §4; Acts 1983, No. 454, §1; Acts 1990, No. 415, §1, eff. Sept. 1, 1990; Acts 2004, No. 132, §1; Acts 2010, No. 372, §1; Acts 2016, No. 143, §2, eff. May 19, 2016.
La. Rev. Stat. § 37:597 — LA Code / Code revised-statutes / Title 37 / Section 597
Display of certificate of registration
Status: in_force

Every holder of a certificate of registration issued by the board shall display it in a conspicuous place in his principal place of business or employment. Additionally, any facility licensed by the board shall display any other documents required to be displayed by the board's rules.

Acts 2001, No. 907, §2, eff. June 26, 2001.
La. Rev. Stat. § 37:1360.111 — LA Code / Code revised-statutes / Title 37 / Section 1360.111
Rulemaking
Status: in_force

The board shall promulgate all rules in accordance with the Administrative Procedure Act as are necessary for the regulation of the profession of genetic counseling in accordance with the provisions of this Part.

Acts 2018, No. 593, §1.
La. Rev. Stat. § 37:2809 — LA Code / Code revised-statutes / Title 37 / Section 2809
Fees
Status: in_force

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

(1) Application fee for license to practice chiropractic $350.00

(2) Certificate of internship $100.00

(3) For issuing duplicate of any certificate or license $ 50.00

(4) Certificate for annual renewal of license $350.00

(5) License to practice chiropractic $150.00

(6) License by reciprocity $350.00

(7) Inactive license renewal $ 75.00

(8) Certificate of chiropractic assistant to perform

chiropractic X-rays$100.00

(9) Delinquent fee, in addition to the renewal fee,

if not renewed by December 31 of

the applicable license period$350.00

(10) Application fee for examination retake $100.00

(11) Annual X-ray certificate registration $ 50.00

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 Louisiana Board of Chiropractic 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.

Acts 1974, No. 39, §1; Acts 1982, No. 826, §1; Acts 1984, No. 249, §1; Acts 1986, No. 231, §1; Acts 1987, No. 636, §1; Acts 1988, No. 94, §1; Acts 1990, No. 804, §1; Acts 1991, No. 542, §1; Acts 1997, No. 858, §1; Acts 2001, No. 375, §2; Acts 2007, No. 44, §1; Acts 2024, No. 467, §1.
La. Rev. Stat. § 37:792 — LA Code / Code revised-statutes / Title 37 / Section 792
Dental x-ray functions by dental assistants; qualifications
Status: in_force

A. Any dental assistant employed by a licensed dentist on the effective date of this Section and for a period of at least one year prior to the effective date of this Section shall be deemed to be authorized to take dental x-rays.

B. Any dental assistant who does not meet the employment criteria set forth in Subsection A of this Section shall attend and successfully complete a course in x-ray function and safety approved by the board within six months after commencement of employment by a licensed dentist. Any such assistant shall be deemed to be authorized to take dental x-rays only upon compliance with this Subsection.

C.(1) The dentist employer shall certify to the board that any dental assistant employed by him meets the employment criteria set forth in Subsection A of this Section, has attended and completed a course in dental x-ray function and safety, or has not attended such course but has been employed less than six months.

(2) Such certification shall be required upon renewal of any dental license by the dentist.

D. A dental assistant shall perform all dental x-ray functions solely under the direct supervision of a licensed dentist and on the premises of the dental office.

Acts 1984, No. 481, §1, eff. Sept. 1, 1984; Acts 2022, No. 271, §2.
La. Rev. Stat. § 37:77 — LA Code / Code revised-statutes / Title 37 / Section 77
Firm permits to practice; attest experience; peer review; exceptions
Status: in_force

A. The board shall grant or renew permits to practice as a CPA firm to applicants who submit an application and demonstrate their qualifications in accordance with this Section. Any firm which has or establishes an office or a place of business in Louisiana from which to offer or perform professional services shall hold a permit issued pursuant to this Section in order to provide attest services or to use the title "CPA", "CPAs", "CPA firm", or "firm of Certified Public Accountants". A CPA firm that does not have an office or a place of business in Louisiana, but provides attest services in this state shall hold a permit issued pursuant to this Section unless it meets each of the following requirements:

(1) Compliance with the qualifications described in Subsection C of this Section.

(2) Compliance with the qualifications described in Subsection G of this Section.

(3) It performs such services through an individual with practice privileges as provided in R.S. 37:94.

(4) It can lawfully perform such services in the state where the individuals with practice privileges have their respective principal place of business.

B.(1) Permits shall be initially issued and renewed annually. Applications for such permits shall be made in such form, and in the case of applications for renewal between such dates, as the board may specify. The board shall grant or deny any application for initial issuance of a permit no later than one hundred twenty days after the application is filed in proper form. Issuance or renewal of a permit shall not preclude the board from any further investigation and action against such permit or permit holder. Any permit which is not timely renewed with all required information shall expire on the date specified by the board. Any permit which has expired because of nonrenewal may be reinstated by the board upon payment of the renewal fee and any additional fees as may be prescribed by the board provided that the applicant is otherwise qualified for the issuance of a permit as provided in this Part.

(2) Where an applicant seeks the opportunity to show that issuance or renewal of a permit was mistakenly denied or where the board is not able to determine whether the application should be granted or denied, the board may issue a provisional permit to the applicant. Such provisional permit shall expire at the end of one hundred twenty days after its issuance or when the board determines whether or not to issue or renew the permit for which application was made, whichever occurs first.

C.(1) An applicant for initial issuance or renewal of a permit to practice shall be required to show that, notwithstanding any other provision of law, a simple majority of the ownership of the firm in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers belongs to holders of valid active certificates who are licensed in some state, and such partners, officers, shareholders, members, or managers whose principal place of business is in this state and who perform professional services in this state hold a valid active certificate issued under R.S. 37:76. Although firms may include nonlicensee owners, the firm and its ownership must comply with rules adopted by the board.

(2) Any CPA firm may include nonlicensee owners provided that:

(a) The firm designates a licensee of this state who is responsible for the proper registration of the firm and identifies that individual to the board.

(b) All nonlicensee owners are of good moral character and active individual participants in the CPA firm or affiliated entities.

(c) The firm complies with such other requirements as the board may impose.

(3) Any individual licensee or individual granted practice privileges as provided by this Part who is responsible for supervising attest services and who signs or authorizes someone to sign the accountant's report on behalf of the firm shall meet the experience requirements set out in the professional standards for such services promulgated by the American Institute of Certified Public Accountants. In the absence of professional standards concerning such experience requirements, the board shall adopt rules specifying the requisite experience requirements.

(4) Any individual licensee or individual granted practice privileges as provided by this Part who signs or authorizes someone to sign the accountant's report on behalf of the firm shall meet the experience requirements promulgated by the American Institute of Certified Public Accountants. In the absence of professional standards concerning such experience requirements, the board shall adopt rules specifying the requisite experience requirements.

D. The board shall charge a fee in an amount prescribed by the board for each application for initial issuance or renewal of a permit.

E. Applicants for initial issuance, renewal, or reinstatement of permits shall list in their applications all reasonable and relevant information required by the board which may include but not be limited to all states in which they have applied for or hold permits as CPA firms and list the information pertaining to any current investigation or past denial, revocation, or suspension of a certificate, license, or permit by any other state or the federal government. Each holder of or applicant for a permit shall notify the board in writing within thirty days after the occurrence of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in this state, any change in the number or location of offices within the state, any change in the identity of those persons in charge of such offices, and any denial, revocation, or suspension of a permit by any other state.

F. Firms which fall out of compliance with the provisions of this Section due to changes in firm ownership or personnel after receiving or renewing a permit shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as determined by the board may result in action by the board including the possibility of suspension or revocation of the firm permit.

G.(1) Firms that provide attest services, excluding engagements subject to a permanent inspection program of the Public Company Accounting Oversight Board, shall enroll in a board-approved peer review program and comply with the applicable requirements of that program.

(2)(a) Each of the following is approved by the board:

(i) The American Institute of Certified Public Accountants peer review program.

(ii) Other peer review programs administered by organizations fully involved in the administration of the American Institute of Certified Public Accountants peer review program that utilize the Standards for Performing and Reporting on Peer Reviews promulgated by the American Institute of Certified Public Accountants. The board may approve other nationally recognized peer review programs and peer review standards that are not less stringent than the American Institute of Certified Public Accountants peer review program and peer review standards.

(iii) The Society of Louisiana Certified Public Accountants, other state CPA societies fully involved in the administration of the American Institute of Certified Public Accountants peer review program, and the American Institute of Certified Public Accountants for the administration of peer review.

(iv) The Public Company Accounting Oversight Board's permanent inspection process for engagements subject to a permanent inspection program of the Public Company Accounting Oversight Board. Firms performing only such engagements are exempt from the peer review requirement in Paragraph (1) of this Subsection.

(b) Firms subject to permanent inspections of the Public Company Accounting Oversight Board are also required to meet the peer review requirements in Paragraph (1) of this Subsection that cover the portion of the firm's attest practice not subject to the Public Company Accounting Oversight Board's permanent inspection process, should the firm have such a practice.

(3) Firms shall make peer review results and inspection results of the Public Company Accounting Oversight Board available to the board in accordance with rules and regulations adopted by the board.

(4) The peer review process shall be conducted in a manner pursuant to this Section in accordance with rules and regulations adopted by the board.

(5)(a) The proceedings, records, reports, letters of comment, letters of response, or working papers related to a peer review shall be privileged and shall not be subject to discovery, subpoena, or other means of legal process or introduction into evidence in any civil proceeding. No person, firm, or governmental entity in possession of information or documents related to any proceedings, records, reports, letters of comments, letters of response, or working papers on a peer review shall disclose such information or records to any person, firm, or governmental entity either voluntarily or pursuant to discovery, subpoena, or other means of legal process. No member of a peer review committee or person who was involved in a peer review shall be permitted or required to testify in any civil proceeding as to any matters produced, presented, disclosed, or discussed during or in connection with the peer review, or as to any findings, recommendations, evaluations, opinions, or other actions of any person involved in the peer review.

(b) The privilege in Subparagraph (a) of this Paragraph shall not be construed to do any of the following:

(i) Establish a privilege with respect to any information or records within the knowledge or possession of a person or firm not obtained from or produced in connection with a peer review.

(ii) Prevent the disclosure, use, or introduction of information or other records privileged by Subparagraph (a) of this Paragraph in any civil proceeding arising out of a dispute between persons conducting a peer review and a licensee subject to a peer review and arising from the performance of a peer review.

(iii) Prevent a designee of the board from disclosing, using, introducing, or testifying with respect to information or records which are relevant in a proceeding before the board pursuant to R.S. 37:79, 80, 81, and 84.

(iv) Prevent designees of the Society of Louisiana Certified Public Accountants from giving the board access to peer review reports or having discussions with a designee of the board concerning peer review reports.

(v) Prevent peer review reports of licensees who participate in the Center for Public Company Audit Firms Peer Review program from being disclosed.

H. All firms holding a valid registration as a certified public accounting firm on June 18, 1999, shall be deemed to have met the initial permit requirements of this Section.

I. Repealed by Acts 2016, No. 553, §2.

Acts 1979, No. 510, §1; Acts 1989, No. 154, §1; Acts 1991, No. 880, §1, eff. Jan. 1, 1992; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2006, No. 214, §1; Acts 2007, No. 102, §1; Acts 2008, No. 203, §1; Acts 2016, No. 553, §§1, 2.
La. Rev. Stat. § 37:3392 — LA Code / Code revised-statutes / Title 37 / Section 3392
Definitions
Status: in_force

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

(1) "Appraisal" or "real estate appraisal" means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate, for or in expectation of compensation.

(2) "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. Compensation for appraisal assignments may not include any contingency fee based on the results of the appraisal assignment.

(3) "Appraisal report" means any communication, written or oral, of an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate.

(4) "AQB" means the Appraiser Qualifications Board of TAF created in accordance with Title XI of FIRREA. The AQB develops, interprets, and amends the Real Property Appraiser Qualification Criteria.

(5) "ASB" means the Appraisal Standards Board of TAF created in accordance with Title XI of FIRREA. The ASB develops, promulgates, interprets, and amends USPAP.

(6) "ASC" means the Appraisal Subcommittee created in accordance with Title XI of FIRREA and organized and subject to the Federal Financial Institutions Examination Council, or its successor, according to the Financial Institutions Regulatory and Interest Rate Control Act of 1978.

(7) "Board" means the Louisiana Real Estate Appraisers Board established pursuant to the provisions of this Chapter.

(8) "Broker price opinion/comparative market analysis" means an analysis of recent sales of similar properties by a real estate salesperson or broker to derive an indication of the probable sales price of a particular property for the salesperson's or broker's principal.

(9) "Certified general appraiser" means any person licensed by the board to appraise all types of real estate regardless of complexity or transaction value.

(10)(a) "Certified residential appraiser" means any person licensed by the board to appraise the following:

(i) One to four residential units without regard to value or complexity.

(ii) All other real or immovable property, which is the subject of an appraisal involving or having a market value of five hundred thousand dollars or less.

(b) The authority of a "certified residential appraiser" includes but is not limited to the authority to appraise vacant or unimproved land utilized for the purposes of one to four family residential units or for which the highest and best use is for one to four family residential units; however, such authority shall not include the authority to appraise any subdivision for which a development analysis or development appraisal is necessary.

(11) "Commission" means the Louisiana Real Estate Commission.

(12) "Complex one to four unit residential property appraisal" means an appraisal in which the property to be appraised, the form of ownership, or the market conditions are atypical.

(13) "Federal financial institutions regulatory agency" means:

(a) The Board of Governors of the Federal Reserve System.

(b) The Federal Deposit Insurance Corporation.

(c) The Office of the Comptroller of the Currency.

(d) The National Credit Union Administration.

(14) "FIRREA" means the Financial Institution Reform, Recovery and Enforcement Act of 1989, as enacted under federal law, and specifically includes but is not limited to Title XI, requiring real estate appraisals used in connection with federally related transactions to comply with uniform standards and to be prepared by credentialed real property appraisers.

(15) "In good standing" means the status of a licensee who has complied with all explicit license obligations thereby having unabated authority to conduct license activities.

(16) "Licensed residential appraiser" means any person licensed by the board whose authority to appraise real property is limited to the appraisal of noncomplex one to four residential units having a transaction value of less than one million dollars and of complex one to four residential units having a transaction value of less than four hundred thousand dollars in accordance with the Real Property Appraiser Qualification Criteria. For the purposes of this Paragraph, "transaction value" means market value for nonfederally related transaction appraisals.

(17) "Licensee" means any person who has been issued a license by the board to participate in any appraisal activity described in this Chapter.

(18) "Market value" means a value stated as an opinion, which presumes the transfer of real property as of a certain date and subject to specific conditions set forth in the value definition identified by an appraiser as applicable to an appraisal.

(19) "PAREA" means or refers to any Practical Applications of Real Estate Appraisal training program created or implemented in accordance with the Real Property Appraiser Qualification Criteria developed and approved by the AQB, to provide an alternate pathway for applicants to obtain licensure as a licensed residential appraiser or as a certified residential appraiser without training as a trainee appraiser, subject to the direct control and supervision of a supervisory appraiser.

(20) "Real property" or "real estate" means immovable property as defined by Civil Code Article 462 et seq.

(21) "Real Property Appraiser Qualification Criteria" means the qualifying criteria regarding the minimum education, experience, and examination requirements for real estate appraisers, as established by the AQB.

(22) "Supervisory appraiser" means a certified residential appraiser or certified general appraiser registered by the board to supervise one or more trainee appraisers and who satisfies the applicable minimum qualifications required by the Real Property Appraiser Qualification Criteria including but not limited to the following:

(a) The supervisory appraiser shall have been licensed and in good standing with any competent appraisal licensing jurisdiction for at least three years.

(b) The supervisory appraiser shall not have been subject to any disciplinary action within any jurisdiction, that affected the appraiser's legal eligibility to engage in the appraisal practice, within the last three years.

(c) The supervisory appraiser shall not be registered at any one time to supervise more than three trainee appraisers.

(d) Prior to his supervision of any trainee appraiser, the supervisory appraiser shall register on a form and in a manner prescribed by the board for each trainee appraiser supervised.

(23) "TAF" means The Appraisal Foundation created in accordance with Title XI of FIRREA.

(24) "Trainee appraiser" means any person registered by the board and authorized to appraise properties under the supervision of a licensed general real estate appraiser or residential real estate appraiser.

(25) "Transaction value" means the following in accordance with Title XI of FIRREA:

(a) For loans or other extensions of credit, the amount of the loan or extension of credit.

(b) For sales, leases, purchases, and investments in or exchanges of real property, the market value of the real property interest involved.

(c) For the pooling of loans or interests in real property for resale or purchase, the amount of the loan or market value of the real property calculated with respect to each such loan or interest in real property.

(26) "USPAP" means the Uniform Standards of Professional Appraisal Practice, which establishes the minimum requirements applicable to appraisers for the purpose of promoting and maintaining public trust in the appraisal practice, as implemented and periodically amended by the ASB.

Acts 1987, No. 472, §1; Acts 1990, No. 740, §§1, 2; Acts 1991, No. 412, §1; Acts 1995, No. 690, §2; Acts 2001, No. 833, §2; Acts 2001, No. 888, §1; Acts 2003, No. 341, §§1 and 3; Acts 2010, No. 504, §1; Acts 2014, No. 213, §1; Acts 2019, No. 37, §1; Acts 2022, No. 547, §§1, 2, eff. June 17, 2022.
La. Rev. Stat. § 37:1902 — LA Code / Code revised-statutes / Title 37 / Section 1902
License required
Status: in_force

It is unlawful for any person, either as principal or agent, to engage in business as a transient merchant in the State of Louisiana without having first obtained a license in the manner provided in this Part.
La. Rev. Stat. § 37:3507.2 — LA Code / Code revised-statutes / Title 37 / Section 3507.2
Types of licenses
Status: in_force

A. The board is authorized to issue the following types of licenses to qualified applicants:

(1)(a) A "private investigation agency license" to be issued to any person or entity, as defined in R.S. 37:3503(6), when the individual seeking license or the partner of the partnership seeking license or the principal corporate officer of the corporation seeking license has at least three years experience within the last ten years either working as a private investigator or in an investigative capacity, and satisfies all other requirements for licensing.

(b) The provisions of this Paragraph requiring investigative experience for licensing as a private investigator agency shall not apply to any person or entity licensed as a private investigator agency on August 15, 1999.

(2) A "private investigator license" to be issued to any person, as defined in R.S. 37:3503(6), who satisfies the requirements for licensing and is employed by a licensed private investigator agency.

(3) An "apprentice license" to be issued to any person who satisfies the minimum requirements for licensing as an apprentice, as established by rules and regulations promulgated by the board.

(4) A "private investigator journeyman license" to be issued to any person who satisfies the minimum requirements for licensing as a private investigator journeyman, as established by rules and regulations promulgated by the board.

B. The individual or the partner of the partnership or the principal corporate officer of the corporation with the requisite experience licensed to operate as a private investigator agency may operate as a private investigator and hire others licensed as private investigators.

C. The individual licensed as a private investigator may only operate as a private investigator if employed by a licensed private investigator agency.

Acts 1999, No. 675, §1; Acts 2008, No. 862, §1.
La. Rev. Stat. § 37:1144 — LA Code / Code revised-statutes / Title 37 / Section 1144
Construction and severability
Status: in_force

This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

Acts 2022, No. 341, §1.
La. Rev. Stat. § 37:3311 — LA Code / Code revised-statutes / Title 37 / Section 3311
Exemptions
Status: in_force

A. No provision of this Chapter shall be construed to limit or prevent any person duly licensed or certified under the laws of this state from practicing the profession for which he is licensed or certified.

B. The provisions of this Chapter shall not apply to any athletic trainer who is employed in another state by an educational institution or athletic organization when he accompanies the athletes or team of such institution or organization into this state for the purpose of an athletic contest.

C. The provisions of this Chapter shall not apply to any athletic training student pursuing a course of study leading to a degree in athletic training at an institution whose program is accredited, recognized, or approved by the CAATE, if such activities and services constitute a part of a supervised course of study and the individual's status is designated by a title which clearly indicates his status as an "athletic training student".

Acts 1985, No. 288, §1; Acts 2014, No. 418, §1.
La. Rev. Stat. § 37:3001 — LA Code / Code revised-statutes / Title 37 / Section 3001
Short title
Status: in_force

This Chapter shall be known and may be cited as the Louisiana Occupational Therapy Practice Act.

Acts 1979, No. 566, §1; Acts 2023, No. 263, §§1, 2, eff. Jan. 1, 2024.
La. Rev. Stat. § 37:2156.1 — LA Code / Code revised-statutes / Title 37 / Section 2156.1
Requirements for issuance of a license
Status: in_force

A. To become licensed in accordance with the provisions of this Chapter, an applicant shall make application to the board on a form adopted by the board and shall state the classifications for which he is applying from the list of major classifications listed herein or from the list of subclassifications and specialty classification as adopted by rule. The major classifications are:

(1) Building construction.

(2) Highway, street, and bridge construction.

(3) Heavy construction.

(4) Municipal and public works construction.

(5) Electrical.

(6) Mechanical.

(7) Plumbing.

(8) Hazardous materials.

(9) Residential construction.

(10) Mold remediation.

(11) Home improvement.

B.(1) An applicant for a license or registration shall submit a financial statement on a form supplied by the board, current to within twelve months of the date of filing the application, prepared and signed by an accountant, bookkeeper, or certified public accountant and signed by the applicant, attesting the statement is true and correct. In lieu of a signature by a certified public accountant on the board's form, a current financial statement prepared by a certified public accountant may be attached.

(2) Residential and commercial licenses, their subclassifications, and all specialty classifications with the exception of labor only specialty, shall have a net worth of fifty thousand dollars or more. Home improvement, mold remediation, and labor only specialties shall have a net worth of twenty-five thousand dollars or more. An applicant without the net worth required by this Paragraph may satisfy the net worth requirement for all purposes by submitting an irrevocable letter of credit in the amount of the net worth requirement plus the amount of the applicant's negative net worth if any. The financial statement and any information contained therein, as well as any other financial information required to be submitted by a contractor, shall be confidential and not subject to the provisions of the Public Records Law, R.S. 44:1 et seq.

C. The applicant, each principal, and each designated qualifying party shall complete an application and pass a background investigation. An applicant shall provide all information or documentation requested by the board, including but not limited to documentation relative to identification, criminal history, and financial history. The board may deny approval of the applicant, any of its principals, or any qualifying party for cause. The background investigation shall be conducted in relation to all of the following:

(1) Fiduciary or monetary matters including but not limited to any bankruptcy, judgment, insolvency, or lien.

(2) Any criminal offense resulting in a conviction, guilty plea, or plea of nolo contendere.

D.(1) An applicant for licensure shall designate a qualifying party for each classification and for the Louisiana business and law requirement. The qualifying party shall meet all application requirements and shall satisfy any examination and credential requirement.

(2) Any principal or full-time employee as defined in this Chapter may be the qualifying party of an applicant or licensee upon the satisfaction of all requirements.

(3) A qualifying party may also be a qualifying party for any subsidiary of a licensee.

(4) The board may exempt any qualifying party from the required examinations. The board shall exempt from testing for a residential construction license any person who holds a building construction license that was issued by the board.

(5) Upon the determination that a person has engaged in deceptive practices when taking or attempting to take any board examination, the person shall be ineligible to serve as a qualifying party for a licensee for a period of three years.

E. Residential construction and its subclassifications, mold remediation, and home improvement applicants shall be required to submit certificates evidencing workers' compensation coverage in compliance with Title 23 of the Louisiana Revised Statutes of 1950, and liability insurance in a minimum amount of one hundred thousand dollars or liability protection provided by a liability trust fund as authorized by R.S. 22:46(9)(d) in a minimum amount of one hundred thousand dollars.

F.(1) Notwithstanding any other provision of law to the contrary, any residential home improvement or mold remediation licensee in good standing with the board for not less than one consecutive year may apply to transfer the license to an inactive status.

(2) An inactive licensee shall follow the same renewal requirements as an active licensee as provided in this Chapter, including the payment of fees, with the exception of the submission of current insurance certificates.

(3) An inactive licensee shall be required to fulfill all prescribed continuing education requirements established for active licensees.

(4) A licensee may request transfer from inactive status to active status at any time, if:

(a) The inactive license has been renewed as provided for in this Section.

(b) The inactive license is current at the time the request is received by the board.

(c) The licensee submits the required insurance certificates as provided in Subsection E of this Section.

G. Before a license is issued, a mold remediation license applicant shall be required to furnish evidence to the board that he has satisfactorily completed at least twenty-four hours of training in mold remediation and basic mold assessment.

H.(1) Mechanical, plumbing, and electrical contractors licensed pursuant to the provisions of this Section are excluded from local, municipal, or parish regulatory authority examination procedures and may bid and perform work within any local jurisdiction upon paying all appropriate fees.

(2) The purpose of this Subsection is to preempt local, municipal, or parish regulatory examination authority for statewide-licensed mechanical, plumbing, or electrical contractors bidding and performing work in multiple jurisdictions. The preemption shall further exclude the employees of statewide-licensed electrical and mechanical contractors from local, municipal, or parish regulatory examination or certification authority as a condition to performing work for the statewide-licensed electrical or mechanical contractor.

I.(1) Any plumbing contractor who currently holds a Master Plumber License from the State Plumbing Board of Louisiana shall be exempt from any trade examination requirement.

(2) Nothing in this Section shall be construed to permit plumbing contractors to perform plumbing work without first complying with the licensure provisions of Chapter 16 of this Title, R.S. 37:1361 et seq.

J. The board may consolidate, add, or remove subclassifications or specialties by rule as it deems appropriate.

Added by Acts 1976, No. 82, §2, eff. July 8, 1976. Amended by Acts 1981, No. 668, §1; Acts 1983, No. 295, §1; Acts 1988, No. 635, §1, eff. Jan. 1, 1989; Acts 1989, No. 559, §1; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1997, No. 148, §1; Acts 1997, No. 769, §1; Acts 1999, No. 1175, §1; Acts 2008, No. 725, §1, eff. Jan. 1, 2009; Acts 2012, No. 163, §1; Acts 2019, No. 371, §§1, 2; Acts 2022, No. 195, §1; Acts 2025, No. 422, §1.

NOTE: See Acts 1988, No. 635, §§2, 3.
La. Rev. Stat. § 37:911 — LA Code / Code revised-statutes / Title 37 / Section 911
Legislative findings; intent; purpose of Part
Status: in_force

A. The legislature finds that the practice of nursing by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of this state.

B. The legislature further finds that the practice of nursing by a registered nurse and an advanced practice registered nurse should be regulated in the public interest.

C. Therefore, it is the legislative intent and the purpose of this Part to promote, preserve, and protect the public health, safety, and welfare by regulating nursing education and practice and ensuring that any individual practicing or offering to practice nursing or using the title "registered nurse" or "advanced practice registered nurse" shall be licensed before engaging in such practice.

Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2022, No. 271, §2.
La. Rev. Stat. § 37:3208 — LA Code / Code revised-statutes / Title 37 / Section 3208
Qualifications of applicants
Status: in_force

A. An applicant for licensure under the provisions of this Chapter must verify by oath or affirmation that he is:

(1) At least eighteen years of age and

(2) Has successfully completed a four-year course of study in a secondary school approved by the State Board of Elementary and Secondary Education, passed an approved equivalency test, or have graduated from a secondary school outside Louisiana having comparable approval.

B. Each applicant for a license as a radiologic technologist shall have successfully completed a course of study in radiography, radiation therapy technology, fusion technology, or nuclear medicine technology approved by the board in accordance with standards promulgated by the board.

Acts 1984, No. 485, §1; Acts 2010, No. 75, §1; Acts 2014, No. 250, §1.
La. Rev. Stat. § 37:3706 — LA Code / Code revised-statutes / Title 37 / Section 3706
Qualifications of applicants of a licensed behavior analyst
Status: in_force

A. Notwithstanding any other provision of this Chapter or other law to the contrary, an applicant for licensure as a licensed behavior analyst shall be issued a behavior analyst license 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 licensure 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 American 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 credentialing bodies as approved by the board.

(8) Proof that the applicant holds a master'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 individuals practicing under this Chapter to be supervised by members of other professions.

D. A behavior analyst applicant who has a suspended license may reapply for licensure 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. § 37:1377 — LA Code / Code revised-statutes / Title 37 / Section 1377
Definitions; exceptions
Status: in_force

A. Master plumber. A "master plumber" is a natural person who possesses the necessary qualifications and knowledge to plan and lay out plumbing systems; who supervises journeyman plumbers in the installation, alteration, and/or repair of plumbing systems; and who is licensed as such by the board.

B.(1) Journeyman plumber. A "journeyman plumber" is a natural person who possesses the necessary qualifications and knowledge to install, alter, repair, and maintain plumbing systems; is licensed as such by the board; is supervised by a master plumber; and is in the employ of an employing entity.

(2) Residential plumber limited. A " residential plumber limited" is a natural person who possesses the necessary qualifications and knowledge to install, alter, repair, and maintain plumbing systems and is licensed by the board to install, alter, repair, and maintain plumbing systems in one- and two-family dwellings at the direction of a master plumber without the supervision of a journeyman plumber.

C.(1) Apprentice plumber. An "apprentice plumber" is a natural person engaged in learning the plumbing trade by working under the direct, on-the-job supervision of a journeyman plumber and in the employ of an employing entity. Apprentice plumbers shall be indentured in an apprenticeship program approved by Louisiana Works or unindentured and in the employ of an employing entity.

(2) Apprentice gas fitter. An "apprentice gas fitter" is a natural person engaged in learning the gas fitting trade by working under the direct, on-the-job supervision of a gas fitter and in the employ of an employing entity. Apprentice gas fitters shall be indentured in an apprenticeship program approved by Louisiana Works or may be unindentured and in the employ of an employing entity.

D. Plumbing. "Plumbing" is the work or business of installing in buildings and on premises the pipes, fixtures, and other apparatus for supplying water, or removing liquid waste and/or water-borne waste, and fixtures, vessels and process piping that is in direct contact with products for human consumption. The term is also used to designate the installed fixtures, drainage fixtures and water distribution systems of buildings or premises. For purposes of this Chapter the definition of plumbing given above will not include:

(1) Water used in manufacturing establishments for processing products that are not for human consumption.

(2) Drilling of water wells.

(3) Community water supply distribution system or systems.

(4) Community sewage collection or treating system or systems.

(5) Fixtures, vessels or piping used by manufacturing establishments for removal of any waste other than human, vegetable or animal waste.

(6) All piping used for heating or cooling where it is not directly connected with a potable water supply system.

(7) All piping used for conveying oil, gas or other hydrocarbons.

(8) Work done by an individual on his own personal residence.

(9) Work done by an owner, management company, its agents, employees, or assigns for maintenance work to be carried out upon the owner's property, as such maintenance work is defined by rules of the State Plumbing Board. Such maintenance work shall specifically not include construction or installation.

E. Exceptions. Provided, however, anything herein to the contrary notwithstanding, the term "plumbing" shall not include pipes, fixtures, and other apparatus of any nature whatsoever used in manufacturing plants, or used in the exploration for, production of, or transportation of oil, gas, or other minerals, whether before, during, or after installation.

F. Medical gas piping. "Medical gas piping installation" is the work or business of installing in buildings and premises piping used solely to transport gases for medical purposes.

G. Water supply protection. "Water supply protection" is the work or business of installing, repairing, or maintaining backflow prevention devices hooked directly to a drinking water supply system and located on the property of the entity owning the water supply system and associated with "plumbing" as that term is defined in this Section.

H. Medical gas and vacuum systems verifier. A "medical gas and vacuum systems verifier" is a natural person who possesses the necessary qualifications and knowledge to test and verify the operation of medical gas and vacuum pipeline systems, subject to the professional qualifications standard established by the American Society of Sanitary Engineering Series 6000, Standard No. 6030, and who is licensed as such by the board.

I. Gas fitter. A "gas fitter" includes any natural person who possesses the necessary qualifications and knowledge to install, alter, repair, improve, remove, or test natural gas piping, tanks, and appliances annexed to real property but does not include any person who is licensed by the Louisiana Liquefied Petroleum Gas Commission or any services or work performed pursuant to such a license.

J. Master gas fitter. A "master gas fitter" includes any natural person who possesses the necessary skills, abilities, proficiency, and qualifications to plan and lay out the details for installing and supervising the work of installing, repairing, and maintaining types of materials and equipment used for the construction, repair, removal, or improvement to natural gas piping systems and tanks annexed to real property but does not include any person who is licensed by the Louisiana Liquefied Petroleum Gas Commission or any services or work performed pursuant to such a license.

K. Gas fitting. "Gas fitting" means the work or business of installing, repairing, improving, altering, or removing natural gas piping, fittings, valves, or tanks used for conveying fuel gas for appliances on or in premises or in buildings annexed to immovable property. For purposes of this Chapter, gas fitting does not include the following:

(1) The installation or maintenance of piping by any entity of a municipal or gas district system that is subject to the regulatory authority of the Public Service Commission, the New Orleans City Council, or the office of pipeline safety in the Department of Conservation and Energy.

(2) Any work done by a person who is licensed by the Louisiana Liquefied Petroleum Gas Commission or any other services performed pursuant to such a license.

(3)(a) Piping connection, disconnection, or reconnection from the outlet side of the appliance shutoff valve to the appliance inlet.

(b) The following persons or entities shall not be construed as a gas fitter or master gas fitter for any purposes of this Chapter solely due to the performance of services described in Subparagraph (a) of this Paragraph:

(i) Any person or business entity licensed by the State Licensing Board for Contractors as a mechanical contractor.

(ii) Any person or business entity classified under the heating, air conditioning, ventilation, duct work, and refrigeration subclassification of mechanical contractors pursuant to R.S. 37:2156.2.

Acts 1964, No. 498, §1; Acts 1968, No. 298, §1; Acts 1990, No. 752, §1, eff. Jan. 1, 1991; Acts 1990, No. 771, §1; Acts 1992, No. 447, §4; Acts 1995, No. 824, §1; Acts 1999, No. 1020, §1, eff. July 9, 1999; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2016, No. 297, §1, eff. Jan. 1, 2017; Acts 2016, No. 515, §1; Acts 2018, No. 253, §1, eff. May 17, 2018; Acts 2023, No. 150, §11, eff. Jan 10, 2024; Acts 2023, No. 152, §1; Acts 2024, No. 721, §1.
La. Rev. Stat. § 37:711.11 — LA Code / Code revised-statutes / Title 37 / Section 711.11
Rosters and lists
Status: in_force

A. A roster showing the names and addresses of all professional geoscientists and the geoscience discipline under which each professional geoscientist has been listed, and the names and addresses of all geoscientists-in-training may be published at the discretion of the board.

B. The board shall maintain a list of each state or foreign country in which the requirements and qualifications for licensure or registration are comparable to those established in this state and with which a reciprocity agreement exists.

Acts 2010, No. 974, §1, eff. Jan. 1, 2011.
La. Rev. Stat. § 37:3569 — LA Code / Code revised-statutes / Title 37 / Section 3569
Annual reporting requirements
Status: in_force

A. The board shall submit an annual report to the legislature no later than March first of each year which shall include the following information:

(1) The total number of complaints received during the preceding calendar year.

(2) A summary of each complaint received, including the nature of the alleged violation.

(3) A summary of each complaint involving repeat offenders.

(4) The total number of inspections conducted during the preceding calendar year and the results of each inspection, including the total number of unlicensed massage establishments and unlicensed massage therapists discovered during each inspection.

(5) The total number of active massage therapist licensees and massage establishment licenses, the number of new massage therapist and massage establishment licenses issued during the preceding year, the total number of massage therapist and massage establishment licenses renewed during the preceding year, and the total number of massage therapist and massage establishment licenses suspended or revoked during the previous year.

B. For each complaint investigated and resolved, the report shall include at minimum:

(1) A description of the outcome or resolution of each complaint.

(2) Whether the complaint resulted in any of the following actions:

(a) Issuance of a warning or cease and desist order.

(b) Imposition of a fine.

(c) Suspension or revocation of an individual or massage establishment license.

(d) Referral to law enforcement or another regulatory body.

(e) Any other action.

(3) Name and title of the board member or investigator assigned to handle the complaint, as well as the date the complaint was filed and the date investigation proceedings commenced and the final resolution date, if the investigation is resolved.

(4) Any administrative or legal proceedings arising out of the complaint.

Acts 2025, No. 453, §1.
La. Rev. Stat. § 37:1962 — LA Code / Code revised-statutes / Title 37 / Section 1962
Definitions
Status: in_force

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

(1) "Operator" means any person employed in responsible charge of operating all or any portion of a scrap metal recycling facility.

(2) "Railroad track materials" means steel in the form of railroad tracks or in the form of rail, switch components, spikes, angle bars, tie plates, or bolts of the type used in constructing railroads, or any combination of such materials.

(3) "Scrap metal" means metal materials which are purchased for resale to be recycled, including but not limited to ferrous materials, catalytic converters, auto hulks, copper, copper wire, copper alloy, bronze, zinc, aluminum other than in the form of cans, stainless steel, nickel alloys, or brass, whether in the form of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps or connectors, railroad track materials, water utility materials, and used building components. The term shall not include precious metals, including but not limited to gold, silver, and platinum.

(4) "Scrap metal recycling facility" means any physical entity that has the function of recycling scrap metal.

(5) "Used building component" means any object produced or shaped by human workmanship or tools that is an element of structural, architectural, archaeological, historical, ornamental, cultural, utilitarian, decorative, or sentimental significance or interest, which has been and may be used as an adjunct to or component or ornament of any building or structure, regardless of monetary worth, age, size, shape, or condition, that is immovable property, or fixtures or component parts of immovable property of any nature or kind whatsoever.

(6) "Water utility materials" shall include but not be limited to water meters, valves, pipes, and fittings.

Acts 2012, No. 827, §1, eff. June 14, 2012.
La. Rev. Stat. § 37:2863.1 — LA Code / Code revised-statutes / Title 37 / Section 2863.1
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 polysomnography 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 Chapter.

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. § 37:3713 — LA Code / Code revised-statutes / Title 37 / Section 3713
Continuing education
Status: in_force

A.(1) A licensed behavior analyst shall annually complete a minimum number of hours of continuing education relevant to the practice of behavior analysis as established by the board.

(2) A certified assistant behavior analyst shall annually complete a minimum number of hours of continuing education relevant to the practice of behavior analysis as established by the board.

B. The board shall develop the requirements for continuing education.

C. The continuing education classes shall be approved by the board.

Acts 2013, No. 351, §2.

NOTE: See R.S. 37:3718 regarding termination date of Chapter on July 1, 2028.
La. Rev. Stat. § 37:1306 — LA Code / Code revised-statutes / Title 37 / Section 1306
Legislative findings
Status: in_force

The Legislature of Louisiana finds as follows:

(1) Rural hospitals are an essential part of the healthcare delivery system for the state of Louisiana.

(2) For many Louisiana residents, especially those without transportation, rural hospitals provide the only healthcare services readily available.

(3) Among the essential services that rural hospitals make available to rural residents is around-the-clock emergency room care.

(4) The development of healthcare facilities that provide services that duplicate those already available in the primary service areas of rural hospitals endangers their continued existence by reducing revenue and can lead to the closure or reduction of access to services in their twenty-four hour emergency rooms.

(5) Patients in a rural hospital's primary service area with Medicare or private health insurance could be referred to a healthcare facility in which the physician has an ownership interest, thereby depriving the rural hospital of essential revenues, thereby endangering their continued existence.

(6) The purpose of this legislation is to encourage innovative collaboration between and among rural hospitals and physicians in delivery of healthcare services in rural areas.

Acts 2006, No. 819, §1.
La. Rev. Stat. § 37:779 — LA Code / Code revised-statutes / Title 37 / Section 779
Filing of administrative complaint or charge; appointment of committee to hear charge; quorum
Status: in_force

A. Any administrative complaint or charge for a violation of this Chapter shall be made under oath either by the secretary-treasurer or any member of the board, noticed and docketed for hearing, and submitted to the president of the board, who shall appoint a committee of three or more members of the board to hear the administrative complaint or charge. The president and the member of the board making the charge or residing in the same board electoral district as the individual charged shall be ineligible to sit as a member of the committee. The president shall designate the time and place of the hearing.

B. Where the charge is made by a citizen, he should state to the secretary-treasurer, or any member of the board, the source of his information and the grounds of his belief, and the secretary-treasurer, a member, an inspector, or any agent of the board shall substantiate the charge by determining that the citizen is informed and has reasonable cause to believe that the charge is true; after which an administrative complaint or charge may be issued, and noticed and docketed for hearing by the board, as set forth in Subsection A of this Section.

C. At any hearing held pursuant thereto, a majority of the committee shall constitute a quorum and an affirmative vote by a majority of the committee members present shall be required for any disposition, action, or decision at the conclusion of the hearing.

D. For purposes of this Chapter and Section, a hearing shall be the same as an adjudication defined under the Administrative Procedure Act.

Acts 1991, No. 504, §1, eff. July 15, 1991; Acts 1995, No. 920, §1; Acts 2018, No. 206, §3.