reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2844. Examination and certification fee

RS 37:2844 - Examination and certification fee
(a) The fee to be paid by an applicant for an examination to determine his fitness to receive a polygraphist's certificate is twenty-five dollars, which is not to be credited as payment against the certificate.
(b) The fee to be paid for an original polygraphist's certificate is a minimum fee of fifty dollars, or a fee not to exceed one hundred dollars as set forth by the board.
(c) The fee to be paid for an internship certificate is fifty dollars.
(d) The fee to be paid for the issuance of a duplicate polygraphist's certificate is ten dollars.
(e) The fee to be paid for a polygraphist's renewal certificate is a minimum fee of twenty-five dollars, or a fee not to exceed fifty dollars, as set forth by the board.
(f) The fee to be paid for the extension or renewal of an internship certificate is a minimum fee of twenty-five dollars, or a fee not to exceed fifty dollars, as set forth by the board.
(g) The fee to be paid for a duplicate internship certificate is ten dollars.
(h) The fee to be paid for an original polygraphist's certificate by an out-of-state polygraphist shall not be less than fifty dollars but no greater than one hundred dollars, as set forth by the board, or an amount not to exceed the licensing or certification fee charged by the state or territory in which the out-of-state polygraphist is licensed or certified, whichever is greater.
(i) The fee to be paid for a polygraphist's renewal certificate by an out-of-state polygraphist shall not be less than twenty-five dollars but no greater than fifty dollars, as set forth by the board, or an amount not to exceed the renewal fee charged by the state or territory in which the out-of-state polygraphist is licensed or certified, whichever is greater.
(j) The fees required by this Chapter may be paid by the government agency employing the polygraphist.
Added by Acts 1980, No. 761, §1; Acts 2001, No. 647, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2845. Display of certificate and signature thereon

RS 37:2845 - Display of certificate and signature thereon
A certificate or duplicate certificate shall be prominently displayed at the place of business of the polygraphist or at the place of internship. Each certificate shall be signed by the board members and shall be issued under the seal of the board.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2846. Change of business address

RS 37:2846 - Change of business address
Notice in writing shall be given to the secretary by the certified polygraphist of any change of principal business location within thirty days of the time he changes the location. A change of business location without such notification to the secretary shall automatically suspend the certificate theretofore issued.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2847. Termination and renewal of polygraphist's certificate

RS 37:2847 - Termination and renewal of polygraphist's certificate
Each polygraphist's certificate shall be issued for the term ending December 31, and shall, unless suspended or revoked, be renewed annually as prescribed by the board. A polygraphist whose certificate has expired may at any time within six months after the expiration thereof obtain a renewal certificate without examination by making a renewal application therefor and satisfying R.S. 37:2838(1). Any polygraphist whose certificate expired while he was in the federal service, on active duty with the armed forces of the United States or the national guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his certificate renewed without examination if within six months after termination of such service, training, or education except under conditions other than honorable, he furnishes the board with an affidavit verifying that he has been so engaged, and that his service, training, or education has been so terminated. R.S. 37:2838(1) must also be satisfied.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2848. Refusal, suspension, revocation; grounds

RS 37:2848 - Refusal, suspension, revocation; grounds
The board may refuse to issue, or may suspend or revoke a certificate on any one or more of the following grounds:
(a) Failure to inform the person to be examined as to the nature of the examination.
(b) Failure to inform the person to be examined that his participation in the examination is voluntary, and that the refusal to submit to a polygraph shall not be an inference of guilt, nor shall it be cause or justification for termination of employment within the meaning of any law relating to unemployment compensation.
(c) Material misstatement in the application for original certificate or in the application for any renewal certificate under this Chapter.
(d) Willful disregard or violation of this Chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes.
(e) If the holder of any certificate has been adjudged guilty of the commission of a felony or misdemeanor involving moral turpitude.
(f) Willful misrepresentation or false promises, or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.
(g) Demonstration of unworthiness or incompetency to act as a polygraphist as defined by this Chapter.
(h) Allowing one's certificate under this Chapter to be used by any uncertified person in violation of the provisions of this Chapter.
(i) Willfully aiding or abetting another in the violation of this Chapter or any regulations or rule issued pursuant thereto.
(j) Failure to provide within thirty calendar days information requested by the secretary as the result of a formal complaint to the board which would indicate a violation of this Chapter.
(k) Failure to maintain a complete file of all records pertaining to the individuals administered polygraph examinations, this includes all polygraph charts, all questions asked during the examination, along with the person's responses to all questions. These records must be kept for at least a one year period from the date of the original examination.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2849. Violation by one polygraphist or trainee not to affect employer

RS 37:2849 - Violation by one polygraphist or trainee not to affect employer
Any unlawful act or violation of any of the provisions of this Chapter on the part of any polygraphist or trainee shall not be cause for the revocation of the certificate of any other polygraphist by whom the offending polygraphist or trainee may have been employed, unless it shall appear to the satisfaction of the board that the polygraphist employer has willfully or negligently aided or abetted the illegal actions or activities of the offending polygraphist or trainee.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2850. Board hearing

RS 37:2850 - Board hearing
A. When there is cause to refuse an application or to suspend or revoke the certificate of any polygraphist, the board shall, not less than thirty days before refusal, suspension, or revocation action is taken, notify such person in writing, in person, or by registered mail at the last address supplied to the board by such person, of such impending refusal, suspension, or revocation, the reasons therefor, and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the board. If, within twenty days after the personal service of such notice or such notice has been deposited in the United States mail, such person has not made a written request to the board for such administrative hearing, the board is authorized to suspend or revoke the polygraphist's certificate of such person without a hearing. Upon receipt by the board of written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten days after written notification of such hearing shall have been given the person by personal service or by registered mail, sent to the last address supplied to the board by the applicant or certificate holder. Written notification shall include a copy of all charges brought against such applicant or certificate holder. The administrative hearing in such cases shall be before the board.
B. The board shall conduct the administrative hearings and is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, etc. However, this shall not apply if an on-going investigation is being conducted by a governmental agency, until such investigation has been completed so that the subpoena of the documents will not jeopardize the case. On the basis of the evidence submitted at the hearing, the board shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2851. Judicial review

RS 37:2851 - Judicial review
Any person dissatisfied with the action of the board in refusing his application, or suspending or revoking his certificate, or any other action of the board, may appeal the action of the board by filing a petition within thirty days thereafter in the district court in the parish where the person resides or in the Nineteenth Judicial District Court, and such court is vested with jurisdiction, and it shall be the duty of the court to set the matter for hearing upon ten-days written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a certificate shall be abated until the hearing shall have been consummated with final judgment thereon, or whether any other action of the board should be suspended pending hearing. Upon determination, the court shall then enter its order accordingly, such order being operative when served upon the board. The court shall also provide the attorney representing the board with a copy of the petition and order. The board shall be represented in such appeals by the district attorney of the parish or the attorney general, or any of their respective assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board's determination:
(1) Is not based upon substantial evidence upon the entire record;
(2) Is arbitrary or capricious;
(3) Is in violation of statutory requirements; or
(4) Was made without affording to the licensee or the applicant due process of law.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2852. Surrender of certificate

RS 37:2852 - Surrender of certificate
Upon the revocation or suspension of any certificate, the certificate holder shall surrender the certificate or certificates to the secretary within thirty calendar days. Failure of a certificate holder to surrender such certificate or certificates shall be a violation of this Chapter and, upon conviction, he shall be subject to the penalties hereinafter set forth. At any time after the suspension or revocation of any certificate, the secretary shall restore the certificate to the former certificate holder, upon written recommendations of the board.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2853. Penalties

RS 37:2853 - Penalties
Any person who violates any provision of this Chapter, or any person who falsely states or represents that he has been or is a certified polygraphist or trainee shall be guilty of a misdemeanor. Upon conviction, the offender shall be punished by a fine of not more than five hundred dollars or be imprisoned in the parish jail for a term of not to exceed six months, or both.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2854. Exceptions

RS 37:2854 - Exceptions
If any provision or item of this Chapter or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Chapter which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this Chapter are hereby declared severable.
Added by Acts 1980, No. 761, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2863. Powers and duties of the Louisiana State Board of Medical Examiners

RS 37:2863 - Powers and duties of the Louisiana State Board of Medical Examiners
In addition to the powers and duties established in R.S. 37:1270, the Louisiana State Board of Medical Examiners shall:
(1) Publish minimum standards for polysomnography.
(2) Approve the licensure examination, and approve, deny, revoke, probate, suspend, and renew licenses of a duly qualified applicant.
(3) Conduct administrative hearings on the denial, suspension, revocation, or refusal to renew a license.
(4) Adopt rules and regulations in accordance with the Administrative Procedure Act for the purpose of administering the provisions of this Chapter.
Acts 2005, No. 272, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2864. Advisory Committee on Polysomnography; creation

RS 37:2864 - Advisory Committee on Polysomnography; creation
A.(1) The Advisory Committee on Polysomnography is hereby created and shall be composed of nine members to assist the Louisiana State Board of Medical Examiners in the administration of the provisions of this Chapter.
(2)(a) Four members of the committee shall be licensed polysomnographic technologists registered by the Board of Registered Polysomnographic Technologists and shall be selected by the governor from a list of eight names submitted by the Louisiana Academy of Sleep Medicine.
(b) One member of the committee shall be an individual who is not a licensed polysomnographic technologist but who is active in the field of sleep medicine to be selected by the governor from a list of three names submitted by the Louisiana Academy of Sleep Medicine.
(c) Three members of the committee shall be physicians licensed by the Louisiana State Board of Medical Examiners, two of whom shall also be diplomats of the American Board of Sleep Medicine, one of whom shall be active in the field of sleep medicine, and all of whom shall be selected by the governor from a list of eight names submitted by the Louisiana State Medical Society.
(d) One member of the committee shall be a hospital administrator who shall be selected by the governor from a list of three names submitted by the Louisiana State Hospital Association.
B.(1) The nominating organizations shall submit their lists to the governor sixty days after June 29, 2005.
(2) Members shall serve at the pleasure of the governor. Each appointment by the governor shall be submitted for Senate confirmation.
C. A majority of the members of the committee shall elect a chairman.
D.(1) The committee shall meet no less than annually at a time and place to be determined by the chairman of the committee. A majority of the members of the committee shall constitute a quorum for the transaction of all business.
(2) The committee may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.
E. Each member shall serve without compensation but shall be reimbursed for travel expenses incurred during attendance at meetings of the committee and other expenses incurred on business of the committee. Such compensation shall be paid from funds derived from fees as provided in R.S. 37:2868.
F. Repealed by Acts 2012, No. 678, §2.
Acts 2005, No. 272, §1, eff. June 29, 2005; Acts 2012, No. 678, §§1, 2; Acts 2022, No. 408, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2865. Technologist; qualifications for license; renewal; reciprocity; title

RS 37:2865 - Technologist; qualifications for license; renewal; reciprocity; title
A. In order to obtain a polysomnographic technologist license, an applicant shall demonstrate all of the following to the Louisiana State Board of Medical Examiners:
(1) The applicant is of good moral character.
(2) The applicant has current credentials as a registered polysomnographic technologist granted by the BRPT or equivalent organization approved by the Louisiana State Board of Medical Examiners.
(3) The applicant has passed an examination that is administered as a component of a certification program that is accredited by the National Commission for Certifying Agencies, the American National Standards Institute, or other national accrediting organizations approved by the Louisiana State Board of Medical Examiners.
(4) The applicant satisfies such other procedures and requirements as the Louisiana State Board of Medical Examiners may require.
B. A license issued under the provisions of this Section shall be subject to annual renewal and will expire unless renewed in the manner prescribed by the Louisiana State Board of Medical Examiners.
C. A polysomnographic technologist who submits a license renewal application shall have completed, in the prior twelve months, at least ten hours or units of continuing education courses sanctioned by the Advisory Committee on Polysomnography and approved by the Louisiana State Board of Medical Examiners.
D. The Louisiana State Board of Medical Examiners may issue a license to a BRPT registered polysomnographic technologist who relocates into this state and who has filed an application for licensure with the Louisiana State Board of Medical Examiners.
E. A license shall entitle the individual to use the title "polysomnographic technologist", "technologist", or the initials "PSGT".
Acts 2005, No. 272, §1, eff. June 29, 2005; Acts 2012, No. 678, §1; Acts 2017, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2866. Technicians; qualifications for permit; renewal

RS 37:2866 - Technicians; qualifications for permit; renewal
A. In order to obtain a permit as a polysomnographic technician, the applicant must demonstrate the following:
(1) The applicant is of good moral character.
(2) The applicant has passed the certification examination offered by BRPT or has completed an educational program accredited by CAAHEP.
B. The permit shall be valid for the lesser of twelve months or the date on which the requirements of R.S. 37:2865 are met.
C. The permit shall be renewable only once if the applicant fails the examination or if the applicant fails to take the qualifying examination; however, the Louisiana State Board of Medical Examiners may adopt rules and regulations for certain exceptions to the provisions of this Subsection due to extenuating circumstances.
D. The permit shall entitle the individual to use the initials "PSGT-E".
Acts 2005, No. 272, §1, eff. June 29, 2005; Acts 2012, No. 678, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2867. Causes for nonissuance, suspension, revocation, or refusal to renew

RS 37:2867 - Causes for nonissuance, suspension, revocation, or refusal to renew
A. The Louisiana State Board of Medical Examiners may refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions in the event the licensee or applicant for license has been found guilty of unprofessional conduct which endangers 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) Unprofessional conduct, as defined by the policies established by the Louisiana State Board of Medical Examiners, or violating the code of ethics adopted and published by the Board of Registered Polysomnographic Technologists and approved by the Louisiana State Board of Medical Examiners.
(3) Being convicted of or pleading nolo contendere to a crime other than a misdemeanor in any court in the event the acts for which he was convicted or pled nolo contendere are found by the Louisiana State Board of Medical Examiners to have a direct bearing on whether he should be entrusted to serve the public in the capacity of a polysomnographic technologist.
B. Denial, refusal to renew, suspension, or revocation of a license, or the imposition of probationary conditions upon a licensee may be ordered by the Louisiana State Board of Medical Examiners in a decision made after a hearing in the manner provided by the policies which shall be adopted by the Louisiana State Board of Medical Examiners. One year after the date of the revocation of a license, an application may be made to the Louisiana State Board of Medical Examiners for reinstatement. The Louisiana State Board of Medical Examiners shall be required to hold a hearing to consider such reinstatement of said license.
C. A suspended license shall be subject to expiration during suspension.
Acts 2005, No. 272, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2868. Fees

RS 37:2868 - Fees
A. The Louisiana State Board of Medical Examiners, under its authority established in R.S. 37:1281(A)(2), shall establish fees for the purpose of implementing the provisions of this Chapter.
B. The fees shall be in an amount, to the extent feasible, to cover the administrative expenses of the Louisiana State Board of Medical Examiners for the licensure process, pursuant to the provisions of this Chapter.
Acts 2005, No. 272, §1, eff. June 29, 2005.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2869. Individuals and practices not affected

RS 37:2869 - Individuals and practices not affected
A. Nothing in this Chapter shall be construed as prohibiting, preventing, or restricting the practice, services, or activities of:
(1) Any individual licensed in this state by any other provision of law from engaging in the profession or occupation for which he is licensed.
(2) Any individual employed as a polysomnographic technologist by the United States government in the event such individual provides polysomnography solely under the direction or control of a United States governmental agency by which he is employed.
(3)(a) Any individual pursuing a course of study in a polysomnographic technology education program approved by the Louisiana State Board of Medical Examiners.
(b) This Paragraph shall only apply to an individual performing a polysomnography procedure or service if both of the following conditions are met:
(i) The polysomnographic procedure or service is within the individual's course of study.
(ii) The polysomnographic procedure or service is performed under the direct supervision of a physician or a polysomnographic technologist licensed by the Louisiana State Board of Medical Examiners.
B.(1) The provisions of this Chapter shall not apply to licensed respiratory therapists.
(2) Nothing in this Chapter shall be construed as prohibiting, preventing, or restricting the practice, services, or activities of any individual pursuing a course of study in a program accredited by the Commission on Accreditation for Respiratory Care if both of the following conditions are met:
(a) The polysomnographic procedure or service is within the individual's course of study.
(b) The polysomnographic procedure or service is performed under the direct supervision of a physician or a polysomnographic technologist licensed by the Louisiana State Board of Medical Examiners.
Acts 2005, No. 272, §1, eff. June 29, 2005; Acts 2012, No. 678, §1; Acts 2017, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2870. Prohibitions

RS 37:2870 - Prohibitions
A.(1) No individual shall engage or attempt to engage in the practice of polysomnography or perform or attempt to perform polysomnograms, unless he holds a license issued by the Louisiana State Board of Medical Examiners in accordance with the provisions of this Chapter.
(2) An individual who does not hold a license issued by the Louisiana State Board of Medical Examiners in accordance with the provisions of this Chapter or whose license has been suspended or revoked shall not use in conjunction with his name the words "licensed registered polysomnographic technologist", "LRPSGT", or any other similar words, letters, abbreviations, or insignia indicating, directly or by implication, that he is a polysomnographic technologist.
B. The Louisiana State Board of Medical Examiners may impose civil penalties for the unlawful practice of polysomnography.
Acts 2005, No. 272, §1, eff. June 29, 2005; Acts 2012, No. 678, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2901. Purpose

RS 37:2901 - Purpose
The purpose of this Chapter is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state; promote fair and effective competition in that business; and insure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their communities.
Added by Acts 1977, No. 663, §1, eff. July 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2902. Definitions

RS 37:2902 - Definitions
When used in this Chapter, and for the purposes of this Chapter:
(1) The term "person" includes one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations.
(2) The term "theatre" means any establishment in which motion pictures are exhibited to the public regularly for a charge.
(3) The term "distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.
(4) The term "exhibitor" means any person engaged in the business of operating one or more theatres.
(5) The term "exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(6) The term "invitation to bid" means any solicitation or invitation by a distributor to one or more exhibitors to bid, negotiate or otherwise attempt to secure the right to exhibit a motion picture.
(7) The term "bid" means any offer or proposal by an exhibitor to a distributor for the right to exhibit a motion picture or which states terms under which the exhibitor will agree to exhibit a motion picture.
(8) The term "license agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor.
(9) The term "trade screening" means the showing of a motion picture by a distributor at some location within the state which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.
(10) The term "blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened within the state or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the state by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture.
(11) The term "run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theatre in a defined geographic area and a "nonexclusive run" is any run in more than one theatre in a defined geographic area.
Added by Acts 1977, No. 663, §1, eff. July 1, 1978. Amended by Acts 1980, No. 366, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2903. Blind bidding

RS 37:2903 - Blind bidding
(1) Blind bidding is hereby prohibited within the state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture within the state before the motion picture has either been trade screened within the state or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the state by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
(2) A distributor shall provide reasonable and uniform notice of the trade screening of any motion picture to those exhibitors within the state from whom he intends to solicit bids or with whom he intends to negotiate for the right to exhibit that motion picture.
(3) Any purported waiver of the prohibition against blind bidding in this Chapter shall be void and unenforceable.
Added by Acts 1977, No. 663, §1, eff. July 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2904. Bidding procedures

RS 37:2904 - Bidding procedures
If a distributor communicates an invitation to bid to one or more exhibitors in the state, then:
(1) The invitation to bid shall specify (a) whether the run for which the bid is being solicited is a first, second or subsequent run; whether the run is an exclusive or nonexclusive run; and the geographic area for the run; (b) the names of all exhibitors who are receiving an invitation to bid on the picture; (c) the date and hour the invitation to bid expires; and (d) the time, date and location, including the address, where the bids will be opened, which shall be within the state.
(2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.
(3) Immediately upon being opened, the bids shall be subject to examination by exhibitors, or their agents, who submitted bids, and who are present at the opening. Within ten business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids were acceptable.
(4) Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids if he does not accept any of the submitted bids.
Added by Acts 1977, No. 663, §1, eff. July 1, 1978. Amended by Acts 1980, No. 366, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2905. Civil enforcement by penalties and injunction for successful civil action

RS 37:2905 - Civil enforcement by penalties and injunction for successful civil action
In any civil action for damages against a person for violation of the provisions of this Chapter, the court may award damages to the prevailing party and reasonable attorneys fees. The provisions of this Chapter may be enforced by injunction or any other available equitable or legal remedy.
Added by Acts 1977, No. 663, §1, eff. July 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2950. Criminal record effect on trade, occupational, and professional licensing

RS 37:2950 - Criminal record effect on trade, occupational, and professional licensing
A.(1) Notwithstanding any other provisions of law to the contrary, a person shall not be disqualified, or held ineligible to practice or engage in any trade, occupation, or profession for which a license, permit, or certificate is required to be issued by the state of Louisiana or any of its agencies or political subdivisions, solely or partly because of a prior criminal record, except in cases in which a conviction directly relates to the position of employment sought, or to the specific occupation, trade, or profession for which the license, permit, or certificate is sought.
(2) In determining whether a conviction directly relates to the position of employment sought, or to the specific occupation, trade, or profession for which the license, permit, or certificate is sought, a licensing entity shall consider all of the following:
(a) The nature and seriousness of the offense.
(b) The nature of the specific duties and responsibilities for which the license, permit, or certificate is required.
(3) The amount of time that has passed since the conviction.
(4) Facts relevant to the circumstances of the offense, including any aggravating or mitigating circumstances or social conditions surrounding the commission of the offense.
(5) Evidence of rehabilitation or treatment undertaken by the person since the conviction.
B. Any complaints concerning violations of this Section shall be adjudicated in accordance with procedures set forth for administrative and judicial review contained in Title 49 of the Louisiana Revised Statutes of 1950.
Added by Acts 1978, No. 341, §1. Amended by Acts 1980, No. 574, §1; Acts 1981, No. 531, §1; Acts 1987, No. 694, §1; Acts 1995, No. 1188, §4, eff. June 29, 1995; Acts 1997, No. 364, §1; Acts 1997, No. 658, §2; Acts 1997, No. 1370, §4; Acts 1999, No. 1222, §1; Acts 2003, No. 279, §5; Acts 2004, No. 146, §1; Acts 2012, No. 486, §1; Acts 2016, No. 448, §1, eff. June 9, 2016; Acts 2018, No. 206, §3; Acts 2022, No. 486, §1.
NOTE: See Acts 1987, No. 694, §§2, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2951.1. Removing barriers to work

RS 37:2951.1 - Removing barriers to work
A. For any person who is in default or delinquent in the payments of his or her student loan, the repayment of any student loan shall not be grounds for denying an application for, or an application for the renewal of, or suspension of, any license, permit, or certificate required by the state of Louisiana or a political subdivision, or for the granting of a conditional license, permit, or certificate required by the state of Louisiana or a political subdivision, or any department, office, agency, or board of such entities, in order to practice or engage in a trade, occupation, or profession.
B. For the purposes of this Section:
(1) "Default" means the failure to repay a loan according to the terms agreed to in the promissory note.
(2) "Delinquent" means having failed to make loan payments when they are due.
(3) "License" means any license, permit, certificate, registration, or other means required to engage in an occupation that is granted or issued by the state, its agencies, or political subdivisions responsible by law for the licensing of persons or occupations before a person may pursue, practice, or engage in any occupation.
(4) "Student loan" means a federally guaranteed or state-guaranteed loan for the purposes of postsecondary education.
C. The provisions of this Section shall not be construed to authorize nonpayment, or to delay repayment, of a student loan.
Acts 2019, No. 227, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:2952. Failure to pay child support; effect on trade, occupation, and professional licensing

RS 37:2952 - Failure to pay child support; effect on trade, occupation, and professional licensing
A. Regardless of requirements for the issuance or renewal of a trade, occupational, or professional license or grounds for suspension or revocation thereof, all trade, occupational, or professional licensees are subject to the provisions of R.S. 9:315.30 et seq., suspension of license for nonpayment of child support.
B. The legislature recognizes the judicial power vested in the state supreme court pursuant to Article V, Section 1 of the Constitution of Louisiana and, accordingly, urges and requests the supreme court to adopt rules and regulations effecting the suspension of licenses to practice law consistent with the provisions of R.S. 9:315.30 et seq. In cases wherein the obligor is an attorney licensed to practice law in this state, a judgment or order indicating noncompliance with an order of support shall be mailed to the state supreme court and the Louisiana State Bar Association.
Acts 1995, No. 1078, §3, eff. Jan. 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3001. Short title

RS 37:3001 - Short title
This Chapter shall be known and may be cited as the Louisiana Occupational Therapy Practice Act of 1979.
NOTE: §3001 eff. Jan. 1, 2024. See Acts 2023, No. 263.
CHAPTER 39. OCCUPATIONAL THERAPY
PART I. OCCUPATIONAL THERAPISTS
RS 37:3001 - Short title
This Chapter shall be known and may be cited as the Louisiana Occupational Therapy Practice Act.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §§1, 2, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3002. Declaration of purpose

RS 37:3002 - Declaration of purpose
In order to safeguard the public health, safety, and welfare; protect the public from being misled by incompetent, unscrupulous, and unauthorized persons; assure the highest degree of professional conduct on the part of occupational therapists, occupational therapy assistants, and occupational therapy services of high quality to persons in need of such services, it is the purpose of this Chapter to provide for the regulation of persons offering occupational therapy services to the public.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3004. License required

RS 37:3004 - License required
No person shall practice occupational therapy or hold himself out as an occupational therapist or an occupational therapy assistant, or as being able to practice occupational therapy or to render occupational therapy services in the state unless he is licensed in accordance with the provisions of this Chapter.
Added by Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3005. Persons and practices not affected

RS 37:3005 - Persons and practices not affected
A. Nothing in this Chapter shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed in this state by any other law from engaging in the profession or occupation of which he is licensed.
(2) Any person employed as an occupational therapist or occupational therapy assistant by the United States government, if such person provides occupational therapy solely under the direction or control of the United States governmental organization by which he is employed.
(3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an institution whose program is accredited, recognized, or approved by an agency recognized by the United States Office of Education, if such activities and services constitute a part of a supervised course of study; or any person on a supervised field work experience, if such activities and services constitute a part of the experience necessary to meet the requirements of certification and licensure, and if such a person is designated by a title which clearly indicates his or her status as a student or trainee.
(4) Any person employed as an occupational therapy aide who works under the on-premises supervision of an occupational therapist who is licensed under this Chapter.
(5) Any occupational therapist, Registered (OTR), certified occupational therapy assistant (COTA) or occupational therapist who is qualified according to the standards of a member nation of the World Federation of Occupational Therapists (WFOT), who performs occupational therapy services in this state, if not a resident of this state and if not licensed under this Chapter, if such services are performed for no more than ninety days during a calendar year and practicing with an occupational therapist, registered (OTR) licensed under this Chapter.
B. The provisions of this Section shall apply to persons licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this Chapter or is recognized to practice occupational therapy by a member country of the World Federation of Occupational Therapists, and to persons who meet the requirements for certification as an Occupational Therapist Registered (OTR), or a Certified Occupational Therapy Assistant (COTA), as recognized by The American Occupational Therapy Association, Inc. (AOTA).
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3006. Requirements for licensure

RS 37:3006 - Requirements for licensure
An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that he:
(1) Is of good moral character.
(2) Has successfully completed the academic and supervised field work experience requirements to sit for the "Certification Examination for Occupational Therapist, Registered or the Certification Examination for occupational therapy assistant" and is approved by 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 › §37:3007. Examination for licensure

RS 37:3007 - Examination for licensure
A. The board shall use the examination administered by an independent agency under contract with the American Occupational Therapy Association, Inc. (AOTA), to administer the examinations for licensure under this Chapter.
B. Any person applying for licensure shall, in addition to demonstrating his eligibility in accordance with the requirements of R.S. 37:3006, make application to the board for review of proof of his current certification by the American Occupational Therapy Association, Inc. (AOTA), on a form and in such a manner as the board shall prescribe. The application shall be accompanied by the fee fixed in accordance with the provisions of R.S. 37:3013. The board shall determine the criteria for satisfactory performance on the examination, using the American Occupational Therapy Association, Inc., criteria as a minimum score. A person who fails an examination may reapply.
C. Applicants for licensure shall be examined at a time and place established by the American Occupational Therapy Association, Inc. (AOTA). Examinations shall be given at least twice each year within the state.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3008. Waiver of requirements for licensure

RS 37:3008 - Waiver of requirements for licensure
A. The board shall waive the examination and grant a license to any person certified prior to the effective date of this Chapter as an Occupational Therapist, Registered (OTR) or a Certified Occupational Therapy Assistant (COTA) by the American Occupational Therapy Association, Inc. (AOTA), and who otherwise meets the criteria of provisions of R.S. 37:3006 and who is domiciled in the state on the date this Chapter becomes effective. In order to obtain the benefit of this waiver, an applicant shall make an application for a license no later than six months after the effective date of this Chapter.
B. The board may waive the examination and grant a license to any applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or a territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this Chapter, provided that such state, district or territory accords similar privileges of licensure without examination to holders of a license under this Chapter.
C. The board shall waive the educational and examination requirements and grant a license to any person who gives proof of current employment, either on a probational or a permanent basis, in the classified state service, and who is classified therein as an Occupational Therapy Aide I, Occupational Therapy Aide II, Occupational Therapist I, Occupational Therapist II, or Occupational Therapist III; on the date this Chapter becomes effective.
An Occupational Therapy Aide I, Occupational Therapy Aide II, or Occupational Therapist I shall be licensed as an occupational therapy assistant. An Occupational Therapist II or an Occupational Therapist III shall be licensed as an occupational therapist. These licensing designations will in no way restrict the authority of the Louisiana State Department of Civil Service to establish guidelines and qualifications for those employees within the classified service or in no way restrict the power of the Civil Service Department to establish promotional ladders for such employees. In order to obtain the benefit of this waiver, an applicant shall make application for a license no later than six (6) months after the effective date of this Chapter.
D. The board shall waive the examination and grant a license to any person who is domiciled in the state on the date this Chapter becomes effective, and who is a graduate of a curriculum of a member nation of the World Federation of Occupational Therapists (WFOT). In order to obtain the benefit of this waiver, an applicant shall make application for a license no later than six (6) months after the effective date of this Chapter.
Acts 1979, No. 566, §1; Acts 2023, No. 263, §1, eff. Jan. 1, 2024.