reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1290. Penalties

RS 37:1290 - Penalties
Whoever violates any of the provisions of this Part shall, for each offense, be fined not less than two hundred and fifty dollars nor more than five hundred dollars, or imprisoned for not less than ten days nor more than five months, or both.
Acts 1975, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1291. Exemptions

RS 37:1291 - Exemptions
None of the provisions of this Part shall apply to:
(1) Any commissioned physician or surgeon of the United States Army, Navy, or Public Health Service, practicing in the discharge of his official duties;
(2) The administration of first aid in cases of emergency;
(3) Practitioners of allied health fields, duly licensed, certified, or registered under other laws of this state;
(4) Anyone attending a woman in childbirth in an emergency;
(5) The practice of Christian Science or religious rules or ceremonies as a form of religious worship, devotion or healing, if the persons administering, making use of, assisting, or prescribing this practice rely on faith and prayer alone, do not prescribe or administer drugs, or medicine, or perform surgical or physical operations, or assume the title of, or hold themselves out to be, physicians or surgeons.
(6) A consultation without limitation between a practicing physician licensed in this state and a practicing physician licensed in another state or jurisdiction.
(7)(a) An individual licensed to practice medicine in another state or country when he attends to the acute care needs of the official traveling party of athletes and staff of an athletic team or organization domiciled in another state or country during or in connection with an athletic contest or event conducted in this state.
(b) The exemption provided in this Paragraph shall not be construed to allow the performance of any elective procedure by a physician who is not duly licensed to practice medicine in accordance with the provisions of this Part.
Acts 1975, No. 350, §1; Acts 2014, No. 535, §1; Acts 2021, No. 266, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1291.1. Out-of-state physician orders

RS 37:1291.1 - Out-of-state physician orders
A. The board may adopt rules, in accordance with the Administrative Procedure Act, exempting application of this Part to an out-of-state physician who orders routine diagnostic testing for an established patient, provided the physician-patient relationship was initiated through an in-person, face-to-face visit with the physician in another state, the order can be verified, and the results of all testing are provided directly to the ordering out-of-state physician. A health care facility or provider that is presented such an order may choose not to recognize such an order.
B. For the purposes of this Section, "out-of-state physician" means a physician who is duly licensed to practice medicine in any state or jurisdiction in the United States other than Louisiana.
Acts 2011, No. 44, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1292. Radiological examination and treatment certification; exemptions

RS 37:1292 - Radiological examination and treatment certification; exemptions
A.(1) Each person who performs or attempts to perform a diagnostic or therapeutic radiological examination or treatment or both in the private office of a physician or in clinics in which a physician practices shall be certified as to their proficiency by the board.
(2) Any person who performs a diagnostic or therapeutic radiological examination or treatment or both shall perform such examination or treatment or both on the premises of the private office of a physician or in a clinic in which a physician practices and under the direct supervision of a physician licensed to practice medicine by the board.
B.(1) A physician licensed to practice medicine by the board shall be exempt from the provisions of this Section.
(2) Any person employed by a physician licensed to practice medicine by the board who performs a diagnostic or therapeutic radiological examination or treatment or both under the direct supervision of a physician licensed to practice medicine by the board on September 1, 1984 and for a period of at least one year prior thereto shall be deemed to be certified to perform such examination or treatment.
(3) A radiologic technologist licensed by the Radiologic Technology Board of Examiners in accordance with the provisions of Chapter 45 of this Title shall be exempt from the provisions of this Section.
C. Any person who performs a diagnostic or therapeutic radiological examination or treatment or both who does not meet the employment criteria set forth in Subsection B of this Section shall attend and successfully complete a course of radiological study and safety approved by the board within six months after commencement of employment by a physician licensed to practice medicine by the board or employment by a clinic in which the person shall perform such activities under the direct prescription and supervision of a physician licensed to practice medicine by the board.
D. The physician-employer or the physician responsible for prescribing, directing, and supervising such activities in a clinic shall inform the board of the following regarding any person who performs a diagnostic or therapeutic radiological examination or treatment or both employed by him or employed by a group of doctors or a clinic in which a physician is responsible for prescribing, directing, and supervising such activities:
(1) Meets the employment criteria set forth in Subsection B of this Section.
(2) Has attended and successfully completed a course of radiological study and safety approved by the board.
(3) Has not attended such course, but has been employed less than six months.
E. The information from the physician required in Subsection D of this Section shall be required upon the issuance or renewal of his license or permit to practice medicine.
Acts 1984, No. 533, §1, eff. Jan. 1, 1985; Acts 1985, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1301. Nonprofit hospitals; discrimination prohibited

RS 37:1301 - Nonprofit hospitals; discrimination prohibited
A. The following words, as used in this Section, shall have the following meanings unless the context otherwise requires:
(1) "Governing body" means the group or the individual ultimately responsible for a hospital's general policies with respect to staff membership and professional privileges and shall include, but not limited to, a board of trustees, a board of directors, a board of governors, a board of managers, a medical board, a director or any other official of a hospital with comparable responsibilities.
(2) "Hospital" means an institution for the care and treatment of the sick and injured, equipped with the technical facilities, medical, nursing and other professional and technical personnel necessary for diagnosis and treatment of persons suffering from sickness or injury which requires bed care.
(3) "Medical group practice" means the practice of medicine by physicians, employees or as partners or in groups regardless of the manner in which the fees are paid for services rendered by such physicians.
(4) "Physician" means any person holding a valid certificate to practice medicine issued pursuant to R.S. 37:1274.
(5) "Podiatric physician" means any person holding a valid certificate to practice podiatry issued pursuant to R.S. 37:616.
B. It shall be unlawful for the governing body of a nonprofit hospital which receives local, state, or federal funds to discriminate in granting staff membership to physicians or podiatric physicians; it shall likewise be unlawful to discriminate against any such physician or podiatric physician solely because of his participation in medical group practice subject to Subsection D of this Section and provided that the hospital already has the necessary facilities for the surgical procedure for which application has been made. Nothing in this Section shall be construed to require the governing body of any nonprofit hospital to grant staff membership to any applicant, provided that each such applicant is considered on an individual basis regarding his qualifications, and further provided that the applicant is not discriminated against on the sole basis of being a podiatric physician.
C. It shall be unlawful for the governing body of a non-profit hospital to make the granting or denial of staff membership or professional privilege in the hospital depend solely upon certification, fellowship or membership in a specialty body or medical society.
D. Nothing in this Section shall be construed as prohibiting the governing body of any nonprofit hospital from granting or denying staff membership on basis of individual character, competence, experience and judgment of the physician or podiatric physician seeking staff membership or from requiring the character recommendation of not more than three members of the staff for which membership is sought as a prerequisite to consideration for staff membership.
Acts 1964, No. 444, §§1 to 4. Amended by Acts 1977, No. 684, §15; Acts 1980, No. 421, §1; Acts 1982, No. 347, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1302. Physician fees; discount to an uninsured individual; effect on a physician's contracted reimbursement amount

RS 37:1302 - Physician fees; discount to an uninsured individual; effect on a physician's contracted reimbursement amount
A. Notwithstanding any state or federal provisions to the contrary, a contracted physician licensed to practice medicine by the Louisiana State Board of Medical Examiners may offer a discount for a health care service rendered to an uninsured individual. Any such discount granted by a contracted physician to an uninsured individual shall not reduce the contracted reimbursement amount between a physician and a health insurance issuer for health care services rendered to the issuer's enrollees and insureds.
B. For the purposes of this Section:
(1) "Contracted physician" means a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners who has executed a direct, specific contract with a health insurance issuer.
(2) "Contracted reimbursement amount" means the quantity of remuneration a health insurance issuer has agreed to pay a physician for rendering health care services in a direct, specific agreement between a physician and a health insurance issuer.
(3) "Enrollee" or "insured" means an individual who is enrolled or insured by a health insurance issuer for health insurance coverage.
(4) "Health care service" means one or more services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(5) "Health insurance coverage" means benefits consisting of health care services provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as health care services under any medical service policy or certificate, medical service plan contract, preferred provider organization agreement, or health maintenance organization contract.
(6) "Health insurance issuer" means any entity that offers health insurance coverage through a policy, contract, or certificate of insurance subject to state law that regulates the business of insurance. For purposes of this Section, a "health insurance issuer" shall include but not be limited to a health maintenance organization as defined and licensed pursuant to Subpart I of Part I of Chapter 2 of Title 22 of the Louisiana Revised Statutes of 1950. A "health insurance issuer" shall not include any entity preempted as an employee benefit plan under the Employee Retirement Income Security Act of 1974.
Acts 2006, No. 744, §1, eff. June 29, 2006; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1306. Legislative findings

RS 37:1306 - Legislative findings
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.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1309. Rules and regulations

RS 37:1309 - Rules and regulations
A. The Louisiana State Board of Medical Examiners shall adopt rules and regulations that provide that violation of this Section or any rule adopted to promulgate this Section shall constitute grounds for suspension of the physician's license.
B. The department shall adopt rules and regulations that provide that violation of this Section or any rule adopted to enforce this Section shall constitute grounds for suspension or revocation of the healthcare facility's license or other permit to operate. Further, the department shall publish "primary service area" descriptions in the Louisiana Register by September 1, 2006, and provide annual updates thereafter.
Acts 2006, No. 819, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1310. Enforcement

RS 37:1310 - Enforcement
A. A rural hospital in whose primary service area a healthcare facility is located may bring an action for declaratory and injunctive relief, including a temporary restraining order, preliminary injunction and permanent injunction against any person or entity that violates the provisions of R.S. 37:1308. The court shall not require that a rural hospital post bond in such an action. Such action shall be brought in state court in the state judicial district in which the rural hospital is located. The rural hospital shall be entitled to attorney fees and court costs if the court rules that the person against which suit was filed violated the provisions of R.S. 37:1308.
B. A person that is billed for healthcare services in a manner inconsistent with R.S. 37:1308 may bring an action for damages against the person that violated R.S. 37:1308. Such action shall be brought in state court in the state judicial district in which the plaintiff resides. The plaintiff shall be entitled to attorney fees, court costs, and damages in the amount of twice the amount billed if the court rules that the person against which suit was filed violated the provisions of R.S. 37:1308.
Acts 2006, No. 819, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1310.11. Bridge year graduate physicians

RS 37:1310.11 - Bridge year graduate physicians
A. The Louisiana State Board of Medical Examiners, referred to hereafter in this Section as the "board", may develop, implement, and maintain a program that allows an individual who meets certain criteria as set forth by the board to be certified by the board to practice medicine as a bridge year graduate physician. Such certification shall be valid for one year and may be renewed for no more than two additional one-year periods upon application to the board.
B. The board shall provide for the criteria for participation in the bridge year graduate physician program which, at a minimum, shall require the individual seeking certification to meet the following qualifications:
(1) He is a graduate of an accredited medical school.
(2) He applied to, but was not accepted into, an accredited medical residency training program for the first year following medical school graduation.
C. The board shall determine criteria for selection of applicants should the number of applicants exceed the available capacity of the program.
D. The board shall provide for the prescriptive authority of a bridge year graduate physician including prescribing legend and certain controlled drugs.
E. The board may suspend, terminate, or revoke a bridge year graduate physician certificate prior to the expiration of one year for any reason provided by law or board rule for the termination of licenses, permits, registrations, or certificates issued by the board, including but not limited to a violation of any provision of this Part or the rules promulgated by the board pursuant to this Part.
F. An individual holding a certification to practice as a bridge year graduate physician shall practice only under the direct supervision of a board-certified physician holding a license in good standing with the board.
G. The services provided by an individual holding a certificate to practice as a bridge year graduate physician shall be compensable in accordance with customary medical billing practices.
H. A certificate issued in accordance with the provisions of this Part shall not confer any future right to full, unrestricted licensure.
Acts 2022, No. 757, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1310.12. Rulemaking

RS 37:1310.12 - Rulemaking
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.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1316. Receipts and disbursements

RS 37:1316 - Receipts and disbursements
All monies collected by the board pursuant to this Part shall be deposited in the treasury of the board. All committee expenses shall be paid out of such funds only and shall not be charged to or be payable by the state. The financial records of the board shall be audited in accordance with state law by the legislative auditor or an independent auditor approved by the legislative auditor.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993; Acts 2022, No. 653, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1317. Committee and board immunity

RS 37:1317 - Committee and board immunity
There shall be no liability on the part of and no action for damages against:
(1) Any member of the committee or board, its agents or employees, or any member of a subcommittee appointed or designated by the committee or board, for action undertaken or performed by such individual within the scope of the duties, powers, and functions of the board, committee, or such subcommittee when such individual's action is without malice and in the reasonable belief that the action undertaken is warranted.
(2) Any individual providing information to the board or committee, its agents or employees, or to a subcommittee appointed or designated by the board or committee, without malice and in the reasonable belief that such information is accurate.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1318. Licensure and certification; examination; application

RS 37:1318 - Licensure and certification; examination; application
A. No individual shall act as or perform the duties of a clinical laboratory scientist-generalist, clinical laboratory scientist-specialist, clinical laboratory scientist-technician, laboratory assistant, or cytotechnologist unless that individual possesses a current license issued pursuant to this Part or is exempt from the provisions of this Part. No individual shall act as or perform the duties of a phlebotomist unless that individual possesses a current certificate issued pursuant to this Part or is exempt from the provisions of this Part. Each license or certificate shall be effective for the calendar year beginning January first and ending December thirty-first in which it is issued.
B.(1) Each applicant for a license or certificate, except a laboratory assistant, shall successfully complete an examination recommended or administered by the committee and approved by the board, unless the applicant qualifies for licensure without examination as provided in this Part.
(2) Each applicant for a license as a laboratory assistant shall furnish sufficient evidence to the committee and the board of the applicant's appropriate training or level of competency in basic laboratory science. The board, upon the recommendation of the committee, shall promulgate rules and regulations establishing the amount and type of evidence an applicant shall furnish to the committee to be deemed competent for the purposes of licensure as a laboratory assistant.
C. Application for license or certification shall be on forms provided by the committee and board, shall be accompanied by the prescribed fee, and shall be issued for the laboratory personnel licensure category for which the applicant qualifies.
D. An applicant may be licensed, or certified, in each laboratory personnel licensure category for which he duly qualifies.
E. A certificate or license, except a temporary license, shall be valid for a period of one year, unless suspended or revoked.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993; Acts 2023, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1319. Licensure without examination

RS 37:1319 - Licensure without examination
A. Prior to January 1, 1995, any individual who desires to be licensed as a clinical laboratory scientist-generalist, clinical laboratory scientist-specialist, clinical laboratory scientist-technician, cytotechnologist, or laboratory assistant may qualify for licensure and shall be issued the appropriate license without examination, upon application on a form recommended by the committee and adopted by the board, payment of the required license fee, and submission of evidence of competency, such as successful completion of a certifying examination prior to August 1, 1993, satisfactory to the committee and the board that the applicant:
(1) Has been actively engaged in the category for which the license is requested for at least two full years within the three years immediately prior to the effective date of the adopted rules published in the Louisiana Register as provided in R.S. 37:1315(A)(1) and applies within twelve months thereafter;
(2) Has ceased to engage in the practice of clinical laboratory science, but was actively engaged in said practice in the category for which the license is requested for at least two full years immediately prior to inactivity, provided the applicant has not been inactive more than five years and makes application within twelve months after the effective date of the adopted rules are published in the Louisiana Register; or
(3) Was eligible for license without examination in accordance with the provisions of Paragraph (1) or (2) of this Subsection and at the time of initial publication of adopted rules in the Louisiana Register was in the military forces of the United States, provided such individual applies within twelve months after discharge.
B. The board, upon the recommendation of the committee, shall license or certify, without examination, and upon payment of the prescribed license or certification fee, an applicant for licensure who is duly licensed or certified in the same or comparable category for which he is applying for licensure or certification in this state under the laws of another state, territory, commonwealth, or the District of Columbia, if the qualifications for licensure of such applicant are at least equal to the qualifications provided in this Part.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1320. License or certificate renewal; waiver of renewals while in the military

RS 37:1320 - License or certificate renewal; waiver of renewals while in the military
A. Each license or certificate shall be renewed annually, before January first of each year, by forwarding to the board a renewal application on a form recommended by the committee and adopted by the board accompanied by a renewal fee as provided in this Part. Each licensee or certificate holder, upon making application for renewal of a license or certificate, shall submit evidence of fulfillment of continuing education requirements satisfactory to the board.
B. The committee may recommend and the board may continue licensure or certification without application for renewal for any clinical laboratory personnel licensed or certified under this Part while the individual is in the active military service of the United States or any of its allies, upon notification by the licensee or certificate holder to the committee of that fact.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1321. Fees; license, certification, renewal, delinquent

RS 37:1321 - Fees; license, certification, renewal, delinquent
A.(1) Except as provided in Paragraph (3) of this Subsection, the license fee and the renewal fee, shall be as follows:
(a) Clinical laboratory scientist (all categories)
$ 50.00
(b) Cytotechnologist
$ 50.00
(c) Laboratory assistant
$ 25.00
(2) Except as provided in Paragraph (3) of this Subsection, the phlebotomist certification fee, which includes the certification examination and the renewal fee, shall be twenty-five dollars.
(3) Fees collected by the board for licensure or certification and renewal to practice clinical laboratory science for calendar year 1997 and each year thereafter shall be fixed by the board upon the recommendation of the committee by rules and regulations promulgated pursuant to the Administrative Procedure Act, not to exceed the amounts established in Paragraphs (1) and (2) of this Subsection.
B. A delinquent fee of not more than fifty dollars, in addition to the renewal fee, shall be collected if a license or certificate is not renewed by February first of each year.
C. The fee for issuing a duplicate license or certificate shall not exceed ten dollars.
D. An individual whose license or certificate has lapsed and who has not been actively engaged in the practice of clinical laboratory science for not more than seven years may have his license or certificate reinstated upon payment of the renewal fee and the delinquent fee and submission of evidence satisfactory to the board that he has fulfilled continuing education requirements as promulgated by the board upon recommendation of the committee.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1322. Temporary license; limited renewal; fee

RS 37:1322 - Temporary license; limited renewal; fee
A. An applicant for a license as a clinical laboratory scientist-generalist, clinical laboratory scientist-specialist, clinical laboratory scientist-technician, or cytotechnologist who has fulfilled the educational qualifications to take the licensing examination may be granted a temporary license to engage in the practice of clinical laboratory science in the category for which he is qualified until six weeks after the date of the next licensing examination. In the event the applicant for a license as a clinical laboratory scientist-generalist, clinical laboratory scientist-specialist, clinical laboratory scientist-technician, or cytotechnologist does not successfully complete the licensing examination, that applicant's temporary license may, at the discretion of the committee, be renewed once until six weeks after the subsequent licensing examination.
B. The fee for a temporary license shall be the fee required for the category in which the license is issued as governed by R.S. 37:1321, pro-rated for the portion of the year until the next license examination.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1324. License in training

RS 37:1324 - License in training
A. The board upon the recommendation of the committee, shall issue a license in training to an individual who has not fulfilled the educational requirements to take a license examination or needs to obtain full-time comprehensive experience under supervision, or both, in any license category. A license in training shall allow an individual to engage in the practice of clinical laboratory science under supervision. The length of duration of each such license in training, its renewal, if any, and the specific requirements for appropriate supervision for each category of licensure shall be established by the board upon the recommendation of the committee by the promulgation of rules and regulations. The fees for issuing a license in training for each category of licensure established by this Part shall be governed by the provisions of R.S. 37:1321.
B. An applicant who is certified by a national certification agency recognized by the board, but who has not engaged in the practice of clinical laboratory science within the last ten years and has not maintained the continuing education requirements as approved by the board, upon recommendation of the committee, shall be granted a license in training to engage in the practice of clinical laboratory science in the category for which he is otherwise qualified until the supervised retraining period and the continuing education requirements as approved by the board are completed.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1325. Issuance of license or certificate

RS 37:1325 - Issuance of license or certificate
If an applicant meets the requirements of this Part, the board shall issue the applicant a license or certificate to practice clinical laboratory science within the specific category of licensure or certification for which the applicant qualifies as defined in this Part.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1327. Penalties

RS 37:1327 - Penalties
Any individual who engages or attempts to engage in the practice of clinical laboratory science who has not been licensed or certified in accordance with this Part shall be guilty of a misdemeanor and subjected to the following penalties for violation of any provision of this Part:
(1) For the first offense, the fine shall not be more than five hundred dollars.
(2) For the second offense, the fine shall not be more than one thousand dollars.
(3) For the third and each subsequent offense, the fine shall not be more than two thousand dollars for each offense.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1328. Injunction

RS 37:1328 - Injunction
A. In addition to the actions and penalties otherwise provided for by this Part, the board, upon the recommendation of the committee, may petition a court of competent jurisdiction to issue an injunction, with bond, enjoining any individual from violating or continuing to violate any provision of this Part.
B. In the suit for an injunction, the board, upon the recommendation of the committee, may demand that the defendant pay reasonable attorney's fees and the costs of court. The judgment for attorney's fees and court costs may be rendered in the same judgment in which the injunction is made permanent.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1329. Construction of provisions

RS 37:1329 - Construction of provisions
A. The provisions of this Part shall not authorize any individual to practice medicine, surgery, osteopathy, or midwifery or to provide the services of a physician licensed to practice medicine, surgery, or osteopathy by the board. The provisions of this Part shall not be construed to repeal or in any manner affect the provisions of any law relating to the practice of medicine, surgery, osteopathy, or midwifery.
B. Nothing in this Part shall be construed to regulate any health care provider, certified or licensed by the state or otherwise exempted by the board, when acting within the scope of his practice.
Acts 1993, No. 396, §2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1331. Legislative findings; intent; purpose

RS 37:1331 - Legislative findings; intent; purpose
A. The legislature finds that the practice of perfusion by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of this state. The purpose and legislative intent of this Part is to encourage and promote the more effective utilization of the skills of physicians by enabling them to delegate certain health-related procedures to medical technologists who are licensed to practice perfusion when the delegation is consistent with the health and welfare of the patient.
B. The legislature further finds that it is in the public interest that the practice of perfusion should be regulated.
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 the practice of perfusion and ensuring that any individual practicing or offering to practice perfusion or using the title "perfusionist" shall be licensed before engaging in such practice.
Acts 2003, No. 811, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1333. Definitions

RS 37:1333 - Definitions
As used in this Part, the following terms shall mean the following, unless the context requires otherwise:
(1) "Board" means the Louisiana State Board of Medical Examiners, as established in R.S. 37:1262 et seq.
(2) "Extracorporeal circulation" means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidney, liver, or other organs.
(3) "Perfusion" means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, respiratory systems or other organs, or a combination of those activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters:
(a) The use of extracorporeal circulation, long-term cardiopulmonary support techniques, including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation, and associated therapeutic and diagnostic techniques.
(b) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion.
(c) Blood management techniques, advanced life support, and other related functions.
(d) In the performance of the acts described in this Subparagraph:
(i) The administration of pharmacological agents, therapeutic agents, blood products or anesthetic agents through the extracorporeal circuit as ordered by a physician.
(ii) The performance and use of:
(aa) Anticoagulation monitoring and analysis.
(bb) Physiologic monitoring and analysis.
(cc) Blood gas and chemistry monitoring and analysis.
(dd) Hematologic monitoring and analysis.
(ee) Hypothermia.
(ff) Hyperthermia.
(gg) Hemoconcentration and hemodilution.
(hh) Hemodialysis.
(iii) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, perfusion protocols or changes in or the initiation of emergency.
(4) "Perfusionist" means a person, qualified by academic and clinical education, to operate the extracorporeal circulation equipment during any medical situation where it is necessary to support or replace a person's cardiopulmonary, circulatory, or respiratory function. A perfusionist is responsible for the selection of appropriate equipment and techniques necessary for support, treatment, measurement, or supplementation of the cardiopulmonary and circulatory system of a patient, including the safe monitoring, analysis, and treatment of physiologic conditions.
(5) "Perfusion protocols" means perfusion related policies and protocols developed or approved by a licensed health facility or a physician through collaboration with administrators, licensed perfusionists, and other health care professionals.
(6) "Provisional licensed perfusionist" means a person provisionally licensed under this Part.
Acts 2003, No. 811, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1334. Licensure required; qualifications; waivers

RS 37:1334 - Licensure required; qualifications; waivers
A. No person shall practice perfusion as defined in this Part in this state unless he is licensed in accordance with the provisions of this Part.
B. The process of licensing perfusionists in Louisiana shall be in place no later than July 1, 2004.
C. The board shall issue a license to each applicant who applies for licensure as a perfusionist who files an application upon a form and in such manner as the board prescribes and who furnishes evidence that he:
(1) Is of good moral character.
(2) Has successfully completed the examination provided by the American Board of Cardiovascular Perfusion (ABCP) or its successor agency or a substantially equivalent examination approved by the board.
(3) Has graduated from a school accredited by the Commission on the Accreditation of Allied Health Education Programs (CAAHEP) or a similar accrediting body approved by the board.
D. The board shall license as a perfusionist an applicant who is duly licensed who:
(1) Is licensed as a perfusionist under the laws of another state, territory, or country, if the standards for licensure conform with the standards of this state on that date; or
(2) Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP), or its successor organization.
Acts 2003, No. 811, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1335. Licensure without examination

RS 37:1335 - Licensure without examination
A. A person is eligible to make application to the board and receive a license notwithstanding the requirements of R.S. 37:1333 if the person is actively engaged in the practice of perfusion consistent with applicable law and if the person, as of July 1, 2003, was operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility in the state of Louisiana as the person's primary function.
B. Notwithstanding R.S. 37:1337, a perfusionist member of the advisory committee is not required to be licensed if the member was appointed to the board before July 1, 2003. Within ninety days after the board has issued its first license, a perfusionist member of the board must apply for and receive a license.
Acts 2003, No. 811, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1336. License expiration; renewal; inactive status

RS 37:1336 - License expiration; renewal; inactive status
A. A license is valid for two years from the date it is issued and may be renewed.
B. The board shall renew the license of each individual licensed under this Part on a schedule to be determined by the board. Each licensee shall submit an application and meet such other requirements of the board prior to the expiration of his license.
C. Any individual licensed by this Part who is no longer practicing as a perfusionist in this state may, by submitting a written request to the board, be granted inactive status. No payment of an annual licensing fee shall be required by any individual who has been granted inactive status. Such individual may be granted active status by submitting an application form and meeting other such requirements of the board.
Acts 2003, No. 811, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1337. Provisional license

RS 37:1337 - Provisional license
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.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1338. Powers and duties of the board

RS 37:1338 - Powers and duties of the board
The board shall:
(1) Establish and publish minimum standards of perfusion practice in accordance with those developed and accepted by the profession.
(2) Examine for, approve, deny, revoke, suspend, and renew licensure of duly qualified applicants.
(3) Promulgate and publish rules and regulations in accordance with the Administrative Procedure Act for the purpose of administering the provisions of this Part, including procedures for the issuance and renewal of licenses.
(4) Conduct hearings on charges calling for the denial, suspension, revocation, or refusal to renew a license.
Acts 2003, No. 811, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1339. Advisory Committee on Perfusion; creation

RS 37:1339 - Advisory Committee on Perfusion; creation
A. The Advisory Committee on Perfusion is hereby created and shall be composed of seven members appointed by the governor to assist the Louisiana State Board of Medical Examiners in the administration of the provisions of this Part.
B.(1) The committee shall be composed of a total of seven persons, including four persons who hold an active license to engage in the practice of perfusion in this state and are appointed by the governor from a list of names submitted by the Louisiana Perfusion Society, or from the general perfusion community should the Louisiana Perfusion Society disband; two physicians who are actively engaged in the practice of cardiothoracic surgery, appointed by the governor from a list of names submitted by the Louisiana Society of Thoracic Surgeons; and one representative from a hospital with an active open heart program, appointed by the governor from a list of names submitted by the Louisiana Hospital Association. The initial perfusionist appointees who would otherwise be required to be licensed perfusionists shall instead be individuals who have been practicing perfusion for at least five years and who are eligible pursuant to this Part for licensure as a perfusionist.
(2) The nominating organizations shall submit their lists of nominees to the governor by October 1, 2003.
C.(1) The terms of office of the initial members appointed to the board shall be three for a two-year term, two for a three-year term, and two for a four-year term. Thereafter, all members shall be appointed for four-year terms.
(2) All members shall serve until their successors are appointed or confirmed.
(3) No member shall be reappointed for a term that would cause his continuous service on the committee to be longer than eight consecutive years.
D. Upon the expiration of the term of any member or in the event of a vacancy for any reason, the appropriate nominating organization shall submit to the governor the names of two qualified persons for each vacancy to be filled.
E. A vacancy occurring on the committee for any reason shall be filled in the same manner as the original appointment was made. However, members appointed to fill vacancies shall serve only for the unexpired term of their predecessors.
F. The committee shall annually elect a chairman and a vice chairman, who shall be perfusionists, and such other officers as it considers necessary to carry out the duties and functions of the committee.
G. Each member of the committee shall serve without compensation but shall be reimbursed for travel expenses incurred in attendance at meetings of the committee and other expenses incurred on business of the committee at its direction.
Acts 2003, No. 811, §1, eff. July 1, 2003; Acts 2022, No. 616, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1340. Advisory Committee on Perfusion; duties; powers

RS 37:1340 - Advisory Committee on Perfusion; duties; powers
Under the authority of the Louisiana State Board of Medical Examiners, the committee shall:
(1) Establish a code of ethics.
(2) Establish the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses.
(3) Establish the revocation, suspension, or denial of a license, probate a license suspension, or reprimand a license holder for a violation of this Part, the code of ethics, or the rules of the board.
(4) Establish the categories of fees and the amount of fees that may be imposed in connection with a license.
(5) Establish continuing professional education requirements for licensed perfusionists and provisional licensed perfusionists under this Part, the standards of which shall be at least as stringent as the didactic requirements established by the American Board of Cardiovascular Perfusion or its successor agency, and shall:
(a) Establish the minimum amount of continuing education required to renew a license under this Part.
(b) Develop a process to evaluate and approve continuing education courses.
(c) Identify the factors for the competent performance by a license holder of the license holder's professional duties.
(d) Develop a procedure to assess a license holder's participation in continuing education programs.
(6) Assist in such other matters dealing with perfusion as the board in its discretion may direct.
(7) Have the authority to conduct and its members to attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.
Acts 2003, No. 811, §1, eff. July 1, 2003; Acts 2018, No. 206, §3; Acts 2022, No. 408, §1.