reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3009. Issuance of license

RS 37:3009 - Issuance of license
A. The board shall issue a license to any person who meets the requirements of this Chapter upon payment of the license fee fixed by the board.
B. Any person who is issued a license as an occupational therapist under the terms of this Chapter may use the words "occupational therapist", "licensed occupational therapist", or he may use the letters "LOT", "OT" in connection with his name or place of business to denote his licensure. In addition, any person certified or registered by the American Occupational Therapy Association, Inc., may use the words "licensed occupational therapist, registered" or "occupational therapist, registered" or "LOTR" or "OTR".
C. Any person who is issued a license as an occupational therapy assistant under the terms of this Chapter may use the words "occupational therapy assistant", "licensed occupational therapy assistant", or he may use the letters "OTA" or "LOTA" in connection with his name or place of business to denote his licensure. In addition, any person certified as an assistant by the American Occupational Therapy Association, Inc., may use the designation "licensed certified occupational therapy assistant" or "LCOTA" or "certified occupational therapy assistant" or "COTA".
D. The board shall establish policies which allow for a challenge of denial of license. This challenge shall be heard in an open hearing in accordance with due process.
E. The board shall issue a temporary license to practice occupational therapy to persons who have completed academic supervised field work experience requirements specified under R.S. 37:3006(2) and are waiting examination. The temporary license shall be valid until the date on which the results of the qualifying examination have been known and acted upon by the board. This temporary license shall be renewable only once, if the applicant has not passed the examination or if the applicant has failed to take the qualifying examination. Exceptions to the one extension rule can be given at the discretion of the board based upon an appeal identifying extenuating circumstances.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3010. Display of license or certificates

RS 37:3010 - Display of license or certificates
Licenses and renewal certificates issued under the provisions of this Chapter shall be conspicuously displayed in the principal office of the licensee.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3011. Suspension and revocation of license; refusal to renew

RS 37:3011 - Suspension and revocation of license; refusal to renew
A. The board may refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions, if the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct shall include:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
(2) Being guilty of unprofessional conduct, as defined by the policies established by the board, or violating the code of ethics adopted and published by the American Occupational Therapy Association, Inc. (AOTA).
(3) Conviction of a crime other than a minor offense in any court if the acts for which he was convicted are found by the board to have a direct bearing on whether he should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant.
B. Denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a licensee may be ordered by the board in a decision made after a hearing in the manner provided by the policies which shall be adopted by the board. One year after the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement, but shall be required to hold a hearing to consider such reinstatement.
C. The board shall have authority to establish policies regarding denial, suspension, revocation, or refusal to renew an application. Such policies shall be adopted in accordance with the provisions of the Louisiana Administrative Procedure Act.
D. A suspended license is subject to expiration during suspension.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3012. Renewal of license

RS 37:3012 - Renewal of license
A. A license issued under this Chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the policies of the board.
B.(1) The board shall establish criteria on continuing education requirements for the retention or renewal of licenses in accordance with the Administrative Procedure Act; except that the report shall be submitted to the Senate and House of Representatives health and welfare committees for review purposes notwithstanding the provisions of R.S. 49:966(B). The board shall notify and consult with the association prior to the issuance or promulgation of such rules and regulations.
(2) The licensee shall provide proof of continuing education to the board as provided in the criteria established pursuant to Paragraph (1) of this Subsection.
(3) The continuing requirements shall not apply to individuals working as occupational therapists in state facilities or employed by a state agency.
C. Late renewal may be obtained in accordance with the established policies of the board.
D. Renewal of a license which expired while the license was under suspension can occur only after the completion of the suspension.
Acts 1979, No. 566, §1. Acts 1993, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3013. Fees

RS 37:3013 - Fees
A. The board shall fix fees in a manner established by its rules. Initial fees shall not exceed the following amounts:
(1) Application fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50
(2) Issuance of license fee. . . . . . . . . . . . . . . . . . . . . . . . .$25
(3) Temporary license fee. . . . . . . . . . . . . . . . . . . . . . . . .$25
(4) Renewal of license fee. . . . . . . . . . . . . . . . . . . . . . . . .$25
(5) Reinstatement of license fee. . . . . . . . . . . . . . . . . . . . $25
(6) Late renewal fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$35
(7) Reciprocity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75
Fees for occupational therapy assistants licensure shall be no more than two-thirds of those for occupational therapist licensure.
B. Such fees shall be fixed in an amount, to the extent feasible, which will cover the expenses of the board.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3014. False representation of licensure prohibited

RS 37:3014 - False representation of licensure prohibited
A. No person who is not licensed pursuant to this Chapter as an occupational therapist or an occupational therapy assistant, or whose license has been suspended or revoked, shall use, in connection with his name or place of business, the words "occupational therapy assistant", "occupational therapist", "licensed occupational therapist", "occupational therapist, registered", "licensed certified occupational therapy assistant", "certified occupational therapy assistant", or the letters, "OT", "LOT", "OTA", "LOTA", "LOTR", "OTR", "LCOTA", "COTA", or any other words, letters, abbreviations, or insignia indicating or implying that he is an occupational therapist or an occupational therapy assistant, or in any way, orally, in writing, in print, or by sign, directly or by implication, represent himself as an occupational therapist or an occupational therapy assistant.
B. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
Added by Acts 1979, No. 566, §1; Acts 2018, No. 206, §3; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3015. Advisory committee; meetings

RS 37:3015 - Advisory committee; meetings
A statewide advisory committee established by the board in carrying out its duties pursuant to this Chapter may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.
Acts 2022, No. 408, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3051. Definitions

RS 37:3051 - Definitions
When used in this Chapter:
(1) "Apprentice" means an individual engaged in learning the theory and practice of electrology in an electrologist apprenticeship program.
(2) "Board" means the State Board of Electrolysis Examiners.
(3) "Electrologist" means any person who for compensation practices electrolysis for the permanent removal of hair, except a physician licensed to practice medicine who performs electrolysis in his practice or a person who engages, on behalf of a manufacturer or distributor, solely in demonstrating the use of any machine or other article for the purpose of sale, without charge to the person who is the subject of the demonstration.
(4) "Electrologist apprenticeship program" means an establishment which teaches or offers to teach the theory and practice of electrology and which teaches or offers to teach instructors the theory and practice of teaching electrology, without financial remuneration from the apprentice or the student instructor.
(5) "Electrologist technician" means an individual who for compensation practices electrolysis for the permanent removal of hair under the direct supervision of a licensed electrologist and who has completed a two hundred-hour course of instruction at an approved electrology school or electrologist apprenticeship program.
(6) "Electrology" means the art and practice of removing hair from the normal skin of the body by the application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove hair.
(7) "Electrolysis" means the process by which hair is removed from the normal skin by the application of an electric current to the hair root by means of a needle or needles being inserted into the hair follicle, whether the process employs direct electric current or short wave alternating electric current.
(8) "School", "school of electrology", or "electrology school" means an establishment which teaches or offers to teach students the theory and practice of electrology and which teaches or offers to teach student instructors the theory and practice of teaching electrology, for financial remuneration from the student, student instructor, or both.
(9) "Student" means an individual engaged in learning the theory and practice of electrology at a school of electrology.
(10) "Student instructor" means an individual learning the theory and practice of teaching electrology in an electrology school or an electrologist apprenticeship program.
Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980; Acts 2001, No. 792, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3052. Exception and rights

RS 37:3052 - Exception and rights
A. The provisions of this Chapter shall not authorize the use of roentgen rays and radium for diagnostic and therapeutic purposes or the use of electricity for surgical purposes, including cauterization, removal of warts, moles, or skin deformities of any kind.
B. Electrolysis treatment shall not be performed in areas of high bacterial colonization, such as the ear canals and nostrils, nor shall treatment be performed on moles or to remove eyelashes, except in special instances after consultation with a physician.
C. A health history shall be completed on each patient prior to any treatment. No patient with a history of diabetes and no cardiac patient with a pacemaker shall be treated without the consent of a physician. Persons suspected of having a communicable disease shall not be treated without first having been examined by a physician.
D. A new unopened presterile disposable type probe shall be used for each client treatment. Techniques of sterilization of other instruments shall be the same as is used in hospitals, using pressure heat, dry heat, or any other method of sterilization deemed appropriate by the board.
E.(1) No other business or trade shall be allowed in treatment rooms while electrolysis is being performed; however, a licensed physician may perform electrolysis in his private office or clinic.
(2) If a person or business conducting electrolysis before July 1, 1983, moves to a different location, that person or business shall be required to comply with the terms of this Subsection.
(3) Further, any person or business conducting electrolysis that accedes to the common office suites, treatment rooms, and reception or waiting rooms used for the performance of any other business or trade, including schools of electrology and apprenticeship programs, shall be required to comply with the terms of this Subsection.
Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1983, No. 605, §1; Acts 1984, No. 942, §1; Acts 1993, No. 819, §1; Acts 1999, No. 530, §1, eff. Aug. 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3062. Organization of board; quorum; meetings; records; rules and regulations

RS 37:3062 - Organization of board; quorum; meetings; records; rules and regulations
A. Within fourteen days after the appointment of its initial members, the board shall hold a meeting for the purpose of organization and shall elect from its membership a chairman, a secretary, and a treasurer. Officers shall be elected for terms of one year, or until the successor of each is elected. Thereafter, the board shall annually and in like manner elect its officers.
B. The board shall hold regular meetings at least four times each year for the purpose of examining applicants and at any other time the board or its chairman deems necessary, at a time and place designated by the chairman. Special meetings may be called by the chairman upon giving at least seventy-two hours notice thereof by registered or certified mail to the post office address of each member of the board and of persons who previously have indicated that they have business before the board.
C. A majority of the total membership of the board shall constitute a quorum for the transaction of business, including the granting, suspending, or revoking of a certificate or license to practice electrology.
D. The board shall keep a record of its proceedings, and a register of all applicants for certificates or licenses, which shall contain the name and location of the institution which granted the applicant a diploma, the date granted, and information as to whether a license has been granted or refused. The record and register shall be prima facie evidence of all matters recorded therein.
E. The board shall adopt and promulgate rules and regulations to govern its actions and provide for the enforcement of the provisions of this Chapter, pursuant to the provisions of the administrative procedure act.
Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1993, No. 819, §1; Acts 2001, No. 792, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3072. Fees

RS 37:3072 - Fees
A. The board shall fix and collect uniform fees which shall not exceed the following amounts for each type of fee and which shall not be refundable:
(1)
Application fee for license to practice electrology
$
200.00
(2)
Issuance of duplicate of certificate of license
$
25.00
(3)
Application fee for license of electrology school
(each location)
$
500.00
(4)
Application for certificate of annual renewal of
license to practice electrology
$
100.00
(5)
Application for certificate of annual renewal of
license of an electrologist school (each location)
$
300.00
(6)
Delinquency fee
$
50.00
(7)
Application fee for license of electrologist
apprenticeship program (each location)
$
200.00
(8)
Application fee for certificate of annual renewal of
electrologist apprenticeship program (each program)
$
100.00
(9)
Application fee for instructor's license
$
150.00
(10)
Application fee for certificate of annual renewal
of instructor's license
$
100.00
(11)
Re-testing fee
$
15.00
B. All fees received by the board and all fines collected under the provisions of this Chapter shall be transmitted to the state treasurer, who shall place them in a special fund to the credit of the State Board of Electrolysis Examiners. The board shall have authority to expend the moneys in said fund for the operating expenses of the board and for other expenses incurred in the administration and enforcement of this Chapter.
Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1983, No. 605, §1; Acts 1993, No. 819, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3073. Renewal of license

RS 37:3073 - Renewal of license
A.(1) Each license to practice electrology in this state shall be renewed annually on or before December first of each year upon application therefor accompanied by the renewal fee prescribed in R.S. 37:3072(A) and, beginning December 31, 1999, proof that the applicant has completed at least three hours of continuing education approved by the board. The board may grant an extension of up to six months for completion of the continuing education requirements to any person who applies to the board in writing for an extension and shows good cause.
(2) In addition to the continuing education requirements of Paragraph (1) of this Subsection, license renewal for an instructor's license shall include completion of an additional two hours of continuing education approved by the board. The board may grant an extension of up to six months for completion of the continuing education requirements to any person who applies to the board in writing for an extension and shows good cause.
B.(1) When any electrologist, electrologist technician, instructor, electrology school, or electrologist apprenticeship program licensed hereunder fails to register and pay the annual registration fee within thirty days after the registration fee becomes due, the license or certificate of such person, school, or electrologist apprenticeship program shall be revoked automatically at the expiration of thirty days after the registration was required, without further notice or hearing. However, any person, school, or electrologist apprenticeship program whose license or certificate is automatically revoked as provided herein may, within three years of the date of revocation, make application in writing to the board for the reinstatement of such license or certificate and, upon good cause being shown, the board in its discretion may reinstate such license or certificate upon payment of all past due renewal fees and the payment of an additional sum of fifty dollars. The board may require as a condition of reinstatement that the person complete all or some of the past continuing education requirements within twelve months of reinstatement of the license.
(2) Any person, electrology school, or electrologist apprenticeship program who fails within three years after revocation of a license or certificate to make written application to the board for reinstatement must reapply to the board and pay all fees as required under the provisions of this Chapter and the rules and regulations adopted pursuant thereto. Any electrologist, instructor, or electrologist technician who fails within three years after revocation to make written application for reinstatement must also successfully complete a written and practical examination prior to reinstatement.
Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1983, No. 605, §1; Acts 1993, No. 819, §1; Acts 1999, No. 530, §1, eff. Aug. 1, 1999; Acts 2001, No. 792, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3074. Display of license or certificates

RS 37:3074 - Display of license or certificates
Licenses and renewal certificates issued under the provisions of this Chapter shall be conspicuously displayed in the principal office of the licensee.
Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3075. Suspension or revocation of license; causes; hearing

RS 37:3075 - Suspension or revocation of license; causes; hearing
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.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3076. Penalty

RS 37:3076 - Penalty
Whoever violates any provision of this Chapter, upon conviction shall be fined not less than three hundred dollars or more than five hundred dollars, or be imprisoned for not more than six months, or both. Each day of violation shall constitute a separate offense.
Added by Acts 1979, No. 748, §1, eff. Jan. 1, 1980. Acts 1993, No. 819, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3082. Legislative findings

RS 37:3082 - Legislative findings
A. The Legislature of Louisiana finds that the application of scientific knowledge relating to nutrition is important in the treatment of disease and in the attainment and maintenance of health.
B. The Legislature of Louisiana further finds that the rendering of sound dietetic or nutrition services in hospitals, nursing homes, health departments, in private practice and consultation, and in other settings requires trained and competent professionals.
C. The Legislature of Louisiana declares, therefore, that the purpose of this Chapter is to protect the health, safety, and welfare of the public by providing for the licensure and regulation of persons practicing the profession of dietetics and nutrition.
Acts 1987, No. 574, §1, eff. July 9, 1987.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3083. Definitions

RS 37:3083 - Definitions
As used in this Chapter, the following definitions shall apply:
(1) "Dietetics/nutrition practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, behavioral, and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include:
(a) Assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend to the primary health care provider appropriate nutritional intake including enteral and parenteral nutrition.
(b) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources.
(c) Providing nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
(d) Developing, implementing, and managing nutrition care systems.
(e) Evaluating, making changes in, and maintaining standards of quality in food and nutrition care services.
(f) Within a healthcare facility licensed by the Louisiana Department of Health, ordering appropriate nutritional intake, including enteral and parenteral nutrition, and ordering appropriate laboratory tests to monitor the effectiveness of the dietary plan, subject to the approval of and authorization by the licensed healthcare facility's medical staff or bylaws.
(2) "Licensed dietitian/licensed nutritionist" means a person licensed under this Chapter. The terms "dietitian", "dietician", and "nutritionist" may be used interchangeably.
(3) "Provisionally licensed dietitian/nutritionist" means a person provisionally licensed under this Chapter.
(4) "Registered dietitian" means a person registered by the Commission on Dietetic Registration.
Acts 1987, No. 574, §1, eff. July 9, 1987; Acts 2016, No. 415, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3085. Powers and duties of the board

RS 37:3085 - Powers and duties of the board
The board shall have the following powers and duties:
(1) To license dietitians/nutritionists in a manner consistent with the provisions of this Chapter.
(2) To keep a record of its proceedings, a register of all applicants for licensure, and a register of all licensed dietitians/licensed nutritionists.
(3) To promulgate rules and regulations to govern its actions and provide for the enforcement of the provisions of this Chapter.
(4) To adopt a code of ethics and to promulgate the licensure standards prescribed in this Chapter, any amendments thereto, and such rules and regulations relevant to licensure as the board may adopt.
(5) To establish, collect, and disburse fees as required by this Chapter.
(6) To issue subpoenas, examine witnesses, and administer oaths, and, at its discretion, investigate allegations or practices violating the provisions of this Chapter. The board shall have power to seek injunctive relief to prohibit any person from providing professional dietetic or nutritional care services as defined in R.S. 37:3083 without being licensed as provided herein.
Acts 1987, No. 574, §1, eff. July 9, 1987.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3086. Licensing of dietitians/nutritionists; qualifications

RS 37:3086 - Licensing of dietitians/nutritionists; qualifications
A. Any person who represents himself as a licensed dietitian/nutritionist shall have submitted an application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the requirements of one of the following Subsections:
B. Shall have been granted a doctorate degree granted prior to July 1, 1988, in addition to a baccalaureate or higher degree from a regionally accredited college or university with a major course of study in human nutrition, food and nutrition, dietetics, food systems management or biochemistry. Such a person shall be considered to have met the requirements for licensure as provided herein provided that application is made to the board upon the form and in the manner prescribed by the board, that applicable fees are paid to the board, and that the license is renewed as prescribed by the board.
C. Compliance with all of the following minimum requirements:
(1) Receipt of a baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or any other regional accreditation agency with a major course of study in human nutrition, food and nutrition, dietetics, or food systems management.
(2) Satisfactory completion of a program of experience of not less than nine hundred hours supervised by a licensed dietitian/nutritionist or registered dietitian as prescribed by the board in conjunction with meeting academic requirements or independent thereof.
(3) Satisfactory completion of an examination as determined by the board.
(4) Satisfactory completion of continuing education requirements established by the board.
D. Shall have been granted prior to July 1, 1988, the right to use the title "registered dietitian" by the Commission on Dietetic Registration of the American Dietetic Association. Such a person shall be considered to have met the requirements for licensure as provided herein provided that application is made to the board upon the form and in the manner prescribed by the board, that applicable fees are paid to the board, that registration is maintained in accordance with standards established by the board, and that the license is renewed as prescribed by the board.
Acts 1987, No. 574, §1, eff. July 9, 1987.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3087. Provisional license

RS 37:3087 - Provisional license
A. The board may issue a provisional license to any dietitian/nutritionist who presents evidence to the board of successful completion of the education requirements of R.S. 37:3086(C)(1) and (2) for licensure and who makes application for a provisional license upon the form and in the manner prescribed by the board, accompanied by applicable fees. A provisional license may be issued to such a person before he has taken the licensure examination prescribed by the board. A provisional license may be issued for a period not exceeding one year and may be renewed from year to year for a period not to exceed two years upon payment of a fee and presentation of evidence satisfactory to the board that the applicant is in the process of meeting the experience requirements in anticipation of taking the examination.
B. A provisional license shall permit the holder to practice only under the supervision of a licensed dietitian/nutritionist.
Acts 1987, No. 574, §1, eff. July 9, 1987; Acts 2016, No. 636, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3088. Issuance and renewal of licenses; reciprocity

RS 37:3088 - Issuance and renewal of licenses; reciprocity
A. The board shall issue a license to any person who meets the requirements of this Chapter and upon payment of the required license fee.
B. Licenses granted under this Chapter shall be subject to annual renewal and shall expire unless renewed in a manner as prescribed by the board.
C. The board may provide for the late renewal of a license but no late renewal shall be granted more than one year after its expiration without payment of all fees in arrears.
D. A suspended license shall be subject to expiration and may be renewed as provided in this Section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended.
E. A license revoked on disciplinary grounds may be reinstated in a manner as provided by the board. As a condition of reinstatement, the licensee shall pay the renewal fee and any late fee that may be applicable.
F. The board may grant a license to any person who presents proof of current licensure as a dietitian or nutritionist in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure as prescribed in this Chapter.
Acts 1987, No. 574, §1, eff. July 9, 1987; Acts 1999, No. 1055, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3089. Fees

RS 37:3089 - Fees
A.(1) The board shall establish a reasonable fee schedule for applications, renewal, or reissuance of any license, certificate, or registration, or for any other administrative function provided for in this Chapter; and the receipts from the payment of the fees shall be used to carry out the purposes of this Chapter. The fee schedule may be modified from time to time as deemed necessary by the board. The fees shall be established and payable by rule adopted in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
(2) The board is authorized to increase the fees in the fee schedule to not more than the following amounts:
(a) One hundred fifty dollars per application for licensure.
(b) One hundred dollars per renewal of any license, certificate, or registration.
(c) Fifty dollars per reissuance of any license, certificate, or registration.
B. The fees established pursuant to this Section shall be paid to the secretary-treasurer of the board. The board shall retain all fees and other monies received by it. The funds may be expended by the board without appropriation for cost of administration and other expenses. Any funds remaining unexpended and unencumbered at the end of each fiscal year shall be retained by the board for expenditure in succeeding years and no part thereof shall revert to the state general fund.
Acts 1987, No. 574, §1, eff. July 9, 1987; Acts 2016, No. 636, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3090. Denial, revocation, or suspension of license

RS 37:3090 - Denial, revocation, or suspension of license
A. The board may deny or refuse to renew a license, or suspend or revoke a license, or issue orders to cease or desist from certain conduct, or issue warnings or reprimands where the licensee or applicant for license has been convicted of unlawful conduct or has demonstrated unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such conduct includes:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
(2) Being guilty of unprofessional conduct as defined by the board.
(3) Being convicted in any court of a crime other than a misdemeanor.
(4) Violating any lawful order, rule, or regulation rendered or adopted by the board.
(5) Violating any provision of this Chapter.
B. Such denial, refusal to renew, suspension, revocation, order to cease and desist from designated conduct, or warning or reprimand may be ordered by the board in a decision made after a hearing in a manner pursuant to the Administrative Procedure Act, R.S. 49:950 et seq. One year from the date of the revocation of a license, application may be made to the board for reinstatement.
Acts 1987, No. 574, §1, eff. July 9, 1987.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3091. License required

RS 37:3091 - License required
No person shall use the titles "dietitian", "dietician", or "nutritionist" or any abbreviation or facsimile thereof unless he is licensed in accordance with the provisions of this Chapter and is engaged in the practice of human nutrition, or meets the exemptions in R.S. 37:3093. No person shall practice dietetics/nutrition or provide nutrition care services unless licensed or otherwise authorized to practice in accordance with the provisions of this Chapter. The board may cause to issue in any competent court a writ of injunction enjoining any person from violating the provisions of this Chapter. The provisions of this Section shall become effective July 1, 1988.
Acts 1987, No. 574, §1, eff. July 9, 1987.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3092. Penalties

RS 37:3092 - Penalties
A. Any person who violates any provision of this Chapter shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars or imprisonment for a period not exceeding six months, or both.
B. In addition to any other penalty or remedy pursuant to this Chapter or regulation adopted hereunder, any violation of this Chapter or regulation adopted hereunder shall be punishable by a fine not to exceed two hundred fifty dollars. Each day of violation constitutes a separate offense.
C. In addition to any other fine or penalty that may be imposed against any person found to have violated any provision of this Chapter, the board may assess and collect all costs incurred in connection with disciplinary actions, including but not limited to investigator fees, stenographer fees, attorney fees, and hearing costs.
Acts 1987, No. 574, §1, eff. July 9, 1987; Acts 1999, No. 1055, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3094. Representation of the board by the attorney general

RS 37:3094 - Representation of the board by the attorney general
The attorney general shall designate one of his assistants to act as attorney for the board, without additional salary, who shall counsel and advise the board and shall prosecute any violation of the provisions of this Chapter.
Acts 1999, No. 1055, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3101. Declaration of purpose

RS 37:3101 - Declaration of purpose
A. The Legislature of Louisiana declares that requiring the licensure of qualified auctioneers and auction houses is in the best interest of the citizens of this state.
B. The purpose of this Chapter is to require qualifying criteria in a presently unregulated occupational field in which unqualified, irresponsible, or unscrupulous individuals may injure the public. The requirements of this Chapter shall contribute to the safety, health, and property of the people of Louisiana in the transfer of property by auction.
Added by Acts 1983, No. 508, §5. Acts 1993, No. 584, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3104. Exclusions

RS 37:3104 - Exclusions
The provisions of this Chapter shall not apply to the following:
(1) A sale conducted by order of any United States Court pursuant to Title 11 of the United States Code relating to bankruptcy.
(2) A sale conducted by an employee of the United States or the state of Louisiana or its political subdivisions in the course and scope of his employment.
(3) A sale conducted by a charitable or nonprofit organization.
(4) A sale conducted by an individual of his own property if such individual is not engaged in the business of selling such property as an auctioneer on a regular basis.
(5) A foreclosure sale of realty conducted personally by a trustee under a recorded deed of trust.
(6) A foreclosure sale of personal property conducted personally by the mortgagee or other secured party or an employee of such mortgagee or other secured party acting in the course and scope of his employment under a recorded chattel mortgage or other security or agreement.
(7) A sale conducted by sealed bid.
Added by Acts 1983, No. 508, §5.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3105. Auction regulations generally

RS 37:3105 - Auction regulations generally
A. No person, firm, auction house, or corporation, or combination thereof shall sell, dispose of, or offer for sale at public auction or cause or permit to be sold, disposed of, or offered for sale at any public auction any property of whatsoever nature unless said auction is conducted by a duly licensed auctioneer and if such sale takes place at an auction house, by a duly licensed auction house, if the owner of the auction house is not a licensed auctioneer.
B. Notwithstanding any other provision of law to the contrary, a person, firm or corporation, or combination thereof, may sell, dispose of, or offer for sale at any public auction any property of whatever nature without the necessity of any other license, provided that the auction is conducted by a person who is a duly licensed Louisiana auctioneer or Louisiana livestock auctioneer or Louisiana apprentice auctioneer working under the supervision of a Louisiana licensed auctioneer, whichever is applicable, or otherwise meets the exceptions in accordance with the provisions of this Chapter.
C. Auction houses which conduct business solely through internet-based platforms are not required to employ a licensed auctioneer to call the auction. Any live, real-time, or simulcast auction is required to employ a licensed auctioneer to call the live, real-time, or simulcast auction.
D. Auction houses which conduct any auction through an internet-based platform are responsible for the actions of that platform and its employees or agents in the conduct of that auction.
Added by Acts 1983, No. 508, §5. Acts 1986, No. 564, §1, eff. July 2, 1986; Acts 1993, No. 584, §1; Acts 1997, No. 923, §1; Acts 2020, No. 327, §1, eff. Jan. 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3106. Rules and regulations adoption; procedure; oaths

RS 37:3106 - Rules and regulations adoption; procedure; oaths
A. The board may make reasonable rules and regulations relating to the form and manner of filing applications for licenses; the issuance, denial, suspension, and revocation of licenses; and the conduct of hearings consistent with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.
B. The board or other person authorized by the board may administer oaths and hear testimony in matters relating to the duties imposed on the board pursuant to this Section.
Acts 1986, No. 564, §5, eff. July 2, 1986; Acts 1987, No. 157, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3107. Complaints; penalties

RS 37:3107 - Complaints; penalties
A. The board may upon its own initiative and shall upon the written complaint of any person investigate alleged violations of this Chapter by any licensed or unlicensed auctioneer, auction house, any applicant, or any apprentice auctioneer or applicant.
B. Whoever violates any provision of this Chapter shall be subject to the penalties provided in R.S. 37:3123.
Acts 1986, No. 564, §5, eff. July 2, 1986; Acts 1987, No. 157, §3; Acts 1993, No. 584, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3111. Board creation; qualification; domicile; term of office; confirmation; oath of office; compensation

RS 37:3111 - Board creation; qualification; domicile; term of office; confirmation; oath of office; compensation
A. The Louisiana Auctioneers Licensing Board is hereby created as an agency of the state government in the office of the governor. No member of the board shall be held liable as an individual in any suit against the board.
B. The board shall be composed of seven persons, five of whom shall be auctioneers; one selected from each public service commission district, and two of whom shall be consumers from the public at large, all appointed by the governor. Each appointee shall be a citizen of the United States of America, a resident of Louisiana, and at least thirty years of age. The governor shall designate one member of the board to serve as chairman. The board shall elect a vice chairman annually by majority vote of the total membership of the board.
C. The board shall be domiciled in Baton Rouge, but shall be authorized to meet elsewhere in the state.
D. Each appointed member shall serve at the pleasure of the governor for a term concurrent to the term of office of the governor appointing him, except that each member shall serve until his successor has been appointed and begins serving. Each appointment by the governor shall be submitted to the Senate for confirmation. In the event of the death, resignation, or disability of a member of the board, the governor shall fill the vacancy by appointing a qualified person for the remainder of the unexpired term.
E. Each member of the board shall receive a certificate of appointment from the governor, and before beginning his term of office, shall file with the secretary of state his written oath or affirmation for faithful discharge of his official duty.
F. Members of the board may receive a per diem or compensation when actually attending a meeting of the board or any of its committees and for the time spent on behalf of the board on official business. Additionally, members may be reimbursed for actual and necessary travel, incidental, and clerical expenses incurred in carrying out the provisions of this Chapter when and if funds are available from the board's funds.
Added by Acts 1983, No. 508, §5. Acts 1984, No. 749, §1, eff. July 13, 1984; Acts 1984, No. 780, §1; Acts 1993, No. 584, §1; Acts 1997, No. 923, §1; Acts 2000, 1st Ex. Sess., No. 126, §4; Acts 2000, 1st Ex. Sess., No. 144, §21, eff. March 1, 2001, if const. amend. proposed by Act No. 153 of 2000 1st Ex. Sess. is adopted in Nov., 2000; Acts 2001, No. 8, §12, eff. July 1, 2001; Acts 2001, No. 696, §1, eff. June 25, 2001.
{{NOTE: SEE ACTS 1984, NO. 749, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3113. Qualifications of applicants

RS 37:3113 - Qualifications of applicants
A. The board shall base determination of satisfactory minimum qualifications for licensure as an auctioneer on whether the applicant:
(1) Is of good moral character.
(2) Is a citizen of the United States or a legal resident of the state of Louisiana.
(3) Is at least eighteen years of age.
(4) Has completed one of the following:
(a) A series of studies at a school of auctioneering licensed or approved by the board.
(b) An apprenticeship of one year working with and under an auctioneer duly licensed in the state of Louisiana.
B. The board shall base determination of satisfactory minimum qualifications for licensure of an entity as an auction business on the following requirements:
(1) That the entity employs or will employ an auctioneer licensed pursuant to this Chapter to conduct auctions in this state.
(2) If the entity is a foreign corporation, partnership, or limited liability company, that the entity is authorized to do business in this state by and is registered with the secretary of state pursuant to Title 12 of the Louisiana Revised Statutes of 1950.
C. An applicant for licensure as an auctioneer shall fill out and file with the board an application form provided by the board. The form shall require relevant information about the applicant's character, knowledge, and experience in application of that knowledge. Among the data required on the application form, the applicant shall submit the following information:
(1) Educational background.
(2) Previous occupational experience in the auction business.
(3) Three references, including their business addresses, who attest to the applicant's reputation and adherence to ethical standards.
D.(1) An applicant for licensure of an entity as an auction business shall submit the following information on an application form designated by the board:
(a) The name of each owner of the entity and the length of time each such person has been an owner.
(b) Each business address of the entity.
(c) Each auctioneer licensed by the date of application who has been employed by the business for more than one auction in the previous calendar year.
(d) The nature of the business and the product sought to be sold.
(e) Two references who shall be auctioneers currently licensed in this state in good standing with the board.
(2) An auction business may operate at more than one location; however, it shall only operate under the name on its license issued by the board.
E. If, in the opinion of the board, the applicant provides inadequate information to allow the board to ascertain whether the applicant satisfies the qualifications for licensure, the applicant shall be required to provide additional information for purposes of the application or may be required to present himself for an interview for this purpose.
Added by Acts 1983, No. 508, §5. Acts 1984, No. 780, §2; Acts 2000, 1st Ex. Sess., No. 126, §1.