reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:855. Right to arrange funeral goods and services

RS 37:855 - Right to arrange funeral goods and services
A. The persons in the priority listed in R.S. 8:655 and R.S. 37:876 have the right to arrange with a funeral director or funeral establishment for funeral goods and services, as defined in R.S. 37:831, in preparation for the disposition of the remains of a decedent.
B. There is no liability for a funeral director, funeral establishment, or any respective employee for following the directions or relying on the representation of a person representing himself to be the person who has the prior right to arrange the funeral goods and services for the remains of a decedent in accordance with Subsection A of this Section.
C. There shall be no liability for a funeral director, funeral establishment, or any respective employee for permitting any interested person to view human remains in the care of the funeral director or funeral establishment.
Acts 2016, No. 143, §2, eff. May 19, 2016; Acts 2020, No. 329, §1, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:861. Preneed funeral plans

RS 37:861 - Preneed funeral plans
It shall be unlawful for a firm, partnership, corporation, an association of individuals, or anyone to enter into a preneed funeral contract other than a duly licensed funeral establishment.
Added by Acts 1974, No. 5, §1. Amended by Acts 1982, No. 592, §1; Acts 1983, No. 454, §1; Acts 2008, No. 799, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:863. Substitution of guaranteed funeral goods and services

RS 37:863 - Substitution of guaranteed funeral goods and services
If any guaranteed funeral goods or services which were selected by the buyer in a preneed funeral contract are unavailable at the time of the death of the funeral recipient of that contract, the funeral establishment shall offer a similar casket or other funeral goods or services of equal quality, value and workmanship as the unavailable funeral goods or services.
Acts 2008, No. 799, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:864. Cancellation of preneed funeral contracts

RS 37:864 - Cancellation of preneed funeral contracts
A. Unless waived as provided in Subsection B of this Section, any buyer of a preneed funeral contract may cancel that contract and receive a full refund of all monies connected with that contract at any time within ten days after the buyer signed the contract. After the expiration of this ten day period, a preneed funeral contract may be cancelled as hereinafter provided.
B. Where an application by the buyer or funeral recipient for government benefits is pending, the buyer may waive his or her right to cancel the preneed funeral contract as provided in Subsection A of this Section by signing a written waiver of that right.
C.(1) If a preneed funeral contract is revocable, the buyer, or his legal representative, may cancel the preneed funeral contract at any time by sending written notice of such cancellation, via certified mail, return receipt requested, to the funeral establishment.
(2) If a funeral trust account has been established to fund that preneed funeral contract, the funeral establishment shall within ten business days after the notice of cancellation is received forward a copy of said notice of cancellation to the financial institution holding on deposit the funeral trust account, and take all necessary steps to ensure that all funds contained in that funeral trust account are refunded to the buyer, less any charge for early withdrawal imposed by the financial institution.
(3) If a preneed insurance policy or annuity was purchased or provided to fund a preneed funeral contract, the funeral establishment shall forward a copy of the notice of cancellation of that preneed funeral contract to the insurance company which issued the preneed insurance policy or annuity.
D. If a preneed funeral contract is irrevocable during the life of the funeral recipient the contract shall not be revocable by either party nor shall the buyer be entitled to a return of the monies or any preneed insurance policy or annuity delivered to the funeral establishment except by order of a court of competent jurisdiction.
E. No funeral establishment shall impose any surcharge, fee, or other penalty, monetary or otherwise, when any person seeks to exercise his right to cancel a preneed funeral contract.
Acts 2008, No. 799, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:866. Penalties

RS 37:866 - Penalties
A. Whoever violates the provisions of this Part shall be fined not less than five hundred dollars, nor more than five thousand dollars and costs of the court reporter and attorney for the board for each offense, or by imprisonment for not less than thirty days nor more than one hundred eighty days for each offense, or both such fine and imprisonment.
B. If a firm violates the provisions of this Part, all the members of the firm who knowingly violate such provisions shall be subject to the penalty. If a corporation violates the provisions of this Part, the members of the board of directors and the officers of the corporation who knowingly violate such provisions shall be subject to the penalty.
Acts 2008, No. 799, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:867. Applicability

RS 37:867 - Applicability
Anything in this Part contained to the contrary notwithstanding, this Part shall not apply to any person, firm, corporation, trustee, partnership, association or other legal entity who now or hereafter exclusively engages in, owns, operates, controls and manages a cemetery authority located in the state of Louisiana, unless it sells, or attempts to sell, or contracts for merchandise or services commonly furnished by a funeral home such as caskets, embalming, funeral directing, use of funeral home facilities and use of a hearse or transportation of a dead human body.
Acts 2008, No. 799, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:871. Unlawful practice; exception

RS 37:871 - Unlawful practice; exception
A. No person shall cremate any human remains in any manner, engage in the practice of cremation, or operate a cremation retort without obtaining the proper license in accordance with the provisions of this Chapter.
B. No person shall cremate any human remains in a facility that is not licensed for such purpose in accordance with the provisions of this Chapter.
C. The provisions of this Part shall not apply to the Bureau of Anatomical Services, Louisiana State University Health Sciences Center. However, the crematory operated by the bureau shall be subject to an annual inspection by the board.
Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:872. Qualifications for licensure of a crematory retort operator; exception; compliance with other regulations

RS 37:872 - Qualifications for licensure of a crematory retort operator; exception; compliance with other regulations
A. Any person who operates a crematory retort in this state shall obtain a license issued by the board.
B. In order to receive a license as a crematory retort operator, a person shall meet all of the following requirements:
(1) Be at least twenty-one years old, or is at least eighteen years old and is legally emancipated.
(2) Is found by the board to be of good moral character and possesses temperate habits.
(3) Is a graduate of a high school as evidenced by a diploma or general education development certificate.
(4) Has successfully completed a required training course as approved by the board.
(5) Has submitted evidence of the attainment of all necessary licenses and permits as required by the appropriate local, state, and federal agencies.
(6) Has submitted the appropriate application as furnished and prescribed by the board along with the appropriate license fee as set forth by rule in accordance with R.S. 37:875.
C. However, when issuing a license as a crematory retort operator, the board may waive the requirements of Subsection B of this Section for any person who has been operating a crematory retort for at least one year prior to January 1, 2004.
D. A crematory retort operator shall be subject to all local, state, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits as required by the appropriate local, state, and federal agencies.
Acts 2003, No. 1243, §2; Acts 2010, No. 372, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:873. Requirements for licensure of a crematory authority; location of crematory; compliance with other regulations

RS 37:873 - Requirements for licensure of a crematory authority; location of crematory; compliance with other regulations
A. Any cemetery, funeral establishment, corporation, partnership, joint venture, or any other person or entity doing business in this state may erect, maintain, and operate a crematory in this state if he meets the requirements of this Section and obtains a license as a crematory authority from the board.
B. In order to obtain a license to operate a crematory in this state, a crematory authority shall do the following:
(1) Certify that all cremations are performed by a licensed crematory retort operator.
(2) Demonstrate, after proper investigation by the board, that the crematory meets all the requirements established by the board by rule with respect to licensed personnel, adequate facilities and buildings, and other necessary facilities.
(3) Submit evidence of the attainment of all necessary licenses and permits as required by the appropriate local, state, and federal agencies.
(4) Submit the appropriate application on a form furnished and prescribed by the board along with the appropriate license fee as set forth by rule in accordance with R.S. 37:875.
C. A crematory may be constructed on or adjacent to any cemetery, in or adjacent to any funeral establishment, or at any other location that is in compliance with local zoning regulations and state laws.
D. A crematory authority shall be subject to all local, state, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits as required by the appropriate local, state, and federal agencies.
Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:874. Annual renewal of licenses

RS 37:874 - Annual renewal of licenses
A. Every licensed crematory retort operator who continues to practice in this state shall renew his license on or before May fifteenth of each calendar year by submitting the appropriate renewal application as required by the board along with the appropriate renewal fee set forth by rule in accordance with R.S. 37:875.
B. Every licensed crematory authority which continues to operate in this state shall renew its license on or before May fifteenth of each calendar year upon submission of the following to the board:
(1) A renewal application on a form prescribed by the board.
(2) An annual report, which indicates any changes which have occurred since the initial application or prior renewal application or that no changes have occurred.
(3) The appropriate renewal fee as set forth by rule in accordance with R.S. 37:875.
C. Any crematory retort operator or any crematory authority whose renewal application, renewal fee, and, if applicable, annual report is not received by the board by May fifteenth of each year shall be deemed delinquent. A notice of delinquency shall be sent via certified mail to the crematory retort operator or crematory authority by the board. The notice shall state that the deadline for renewal has lapsed and that if the crematory retort operator or crematory authority intends to renew, the renewal fee, the renewal application, and, if applicable, annual report shall be submitted to the board within five business days of receipt of the notice. No penalties, reinstatement fees, or late fees shall be assessed and no reinspection shall be required if the crematory retort operator or crematory authority submits the renewal fee, the renewal application, and, if applicable, the annual report within five business days of receipt of the notice. If the board does not receive the renewal fee, the renewal application, and, if applicable, annual report within the five business days provided for by this Subsection, such crematory retort operator or crematory authority shall be subject to any penalty, reinstatement fees, or late fees authorized by law.
D. A renewal fee, application, or annual report sent through the mail shall be deemed timely received if mailed on or before the due date. If received by the board after the due date, the timeliness of the mailing shall be shown by an official United States postmark or by official receipt or certificate from the United States Postal Service or a commercial mail service, made at the time of mailing that indicates the date thereof.
Acts 2003, No. 1243, §2; Acts 2017, No. 251, §1, eff. June 14, 2017.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:875. Fees

RS 37:875 - Fees
The board is authorized to adopt rules in accordance with the Administrative Procedure Act to impose and collect fees which shall not exceed the following:
(1)
Initial crematory retort operator license
$
250.00
(2)
Annual renewal of crematory retort
operator license
$
80.00
(3)
Initial crematory authority license
$
1,000.00
(4)
Annual renewal of crematory authority license
$
700.00
(5)
Inspection or reinspection for initial,
location, or ownership change of
crematory authority license
$
500.00
Acts 2003, No. 1243, §2; Acts 2004, No. 133, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:878. Cremation containers

RS 37:878 - Cremation containers
A. Human remains shall be delivered to a crematory in a cremation container, which may be a casket. Human remains shall not be removed from the cremation container, and the cremation container shall be cremated with the human remains.
B. No crematory authority shall require that human remains be placed in a casket before cremation or that such remains be cremated in a casket.
Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:881. Refusal to grant or renew licenses; revocation or suspension; grounds; hearings

RS 37:881 - Refusal to grant or renew licenses; revocation or suspension; grounds; hearings
A. The board may refuse to grant or refuse to renew, or may suspend or revoke any license when the applicant or licensee is found guilty of any of the acts or omissions set forth in R.S. 37:846(A).
B. When considering the revocation or suspension of a license, petitions shall be filed, notices shall be given, and hearings shall be conducted in accordance with the provisions of R.S. 37:846(B).
Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:882. Violations; penalties; hearings; subpoenas

RS 37:882 - Violations; penalties; hearings; subpoenas
A. Whoever violates any of the provisions of this Part shall be subject to the same penalties provided for in R.S. 37:850.
B. Hearings for violations of the provisions of this Part shall be conducted and subpoenas shall be issued in accordance with the provisions of R.S. 37:847.
Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:883. Liability; authorizing agent; funeral director, funeral establishment, and crematory authority; refusal to arrange or perform a cremation; refusal to release cremated human remains

RS 37:883 - Liability; authorizing agent; funeral director, funeral establishment, and crematory authority; refusal to arrange or perform a cremation; refusal to release cremated human remains
A. Except for those representations made by a funeral director pursuant to R.S. 37:877(B)(1)(b)(ii), any person signing a cremation authorization form as an authorizing agent shall be personally and individually liable for all damage occasioned thereby and resulting therefrom. A crematory authority and a funeral director shall rely upon the representations of the authorizing agent in the cremation authorization form.
B. There shall be no liability for a funeral director, funeral establishment, or crematory authority that, pursuant to a crematory authorization, arranges a cremation, cremates human remains pursuant to such authorization, or releases or disposes of the cremated human remains pursuant to such authorization.
C. There shall be no liability for a funeral director, funeral establishment, or crematory authority in relying on information provided by the coroner or healthcare providers pursuant to R.S. 37:877(B)(1)(b)(iii) and R.S. 40:1271.2 or their failure to provide such information.
D. There shall be no liability for a funeral director, funeral establishment, or coroner for permitting an authorizing agent or designated representative thereof, or any interested party, to view human remains for the purpose of identification.
E. A crematory authority shall not be responsible or liable for the commingling of cremated human remains if it has received a written authorization pursuant to the provisions of R.S. 37:879(G).
F. A crematory authority or any other person in possession of cremated human remains for a period of sixty days from the date of cremation shall not be responsible or liable for the disposition of the cremated human remains if such remains have been disposed of in accordance with the provisions of R.S. 37:880(B).
G. A crematory authority shall not be responsible or liable for any valuables delivered to the crematory authority with human remains.
H. If a funeral director refuses to arrange a cremation or a crematory authority refuses to accept a body or to perform a cremation in accordance with R.S. 37:877(C), neither the funeral director nor the crematory authority shall be liable for refusing to accept a body or to perform a cremation.
I. If a funeral director, funeral establishment, or crematory authority refuses to release or dispose of cremated human remains in accordance with R.S. 37:880(A)(2), then such persons or entities shall not be liable for their refusal to release or dispose of cremated human remains.
Acts 2003, No. 1243, §2; Acts 2011, No. 16, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:884. Administration; promulgation of rules and regulations by board and crematory authorities

RS 37:884 - Administration; promulgation of rules and regulations by board and crematory authorities
A. The board may adopt, promulgate, amend, and repeal such reasonable rules and regulations in accordance with the Administrative Procedure Act as may be consistent with the provisions of this Chapter governing the cremation of human remains. Such regulations specifically shall include the conditions under which the human remains of persons dying from an infectious, contagious, communicable, or dangerous disease can be transported from any portion of the state to a crematory for the purpose of cremation, and minimum standards of sanitation, required equipment, and fire protection for all crematories which the board may deem necessary for the protection of the public.
B. A crematory authority may enact reasonable rules and regulations, not inconsistent with the provisions of this Chapter, for the management and operation of a crematory, the type of cremation containers it will accept, authorization forms required, witnesses to a cremation, and similar provisions. Nothing in this Subsection shall prevent a crematory authority from enacting rules and regulations which are more stringent than the provisions contained in this Chapter. Each crematory authority shall forward to the board a copy of the rules and regulations which it has adopted for the operation of its facility.
Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:885. Prearranged or prepaid cremation services

RS 37:885 - Prearranged or prepaid cremation services
Any prearranged or prepaid cremation services shall be sold or distributed in accordance with the provisions of R.S. 37:861.
Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:911. Legislative findings; intent; purpose of Part

RS 37:911 - Legislative findings; intent; purpose of Part
A. The legislature finds that the practice of nursing by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of this state.
B. The legislature further finds that the practice of nursing by a registered nurse and an advanced practice registered nurse should be regulated in the public interest.
C. Therefore, it is the legislative intent and the purpose of this Part to promote, preserve, and protect the public health, safety, and welfare by regulating nursing education and practice and ensuring that any individual practicing or offering to practice nursing or using the title "registered nurse" or "advanced practice registered nurse" shall be licensed before engaging in such practice.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:912. Effectiveness of Part; exceptions

RS 37:912 - Effectiveness of Part; exceptions
A. This Part shall become effective on January 1, 1996. Thereafter, no individual shall practice or offer to practice or perform the duties of a registered nurse or an advanced practice registered nurse unless he possesses a current license issued pursuant to this Part or is exempt from this Part.
B.(1) Any individual possessing a valid license to practice nursing as a registered nurse on January 1, 1996, shall be considered licensed as a registered nurse and shall be eligible for renewal of such license under this Part.
(2) Any individual eligible for reinstatement of a license to practice nursing as a registered nurse on January 1, 1996, shall be considered to be eligible to be licensed as a registered nurse under this Part.
(3) Any registered nurse who is recognized by the board as an advanced practitioner of nursing on January 1, 1996, shall be eligible for licensure as an advanced practice registered nurse under this Part.
(4) Any individual who is eligible for reinstatement of a registered nurse license and who has been recognized as an advanced practitioner of nursing may be licensed as a registered nurse and as an advanced practice registered nurse under this Part by applying for reinstatement according to rules and regulations established by the board and applying for an advanced practice registered nurse license. Application for such license shall be made within twelve months of January 1, 1996.
(5) Those individuals eligible for licensure under this Subsection shall be eligible for renewal of such license under this Part.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:915. Removal of board members

RS 37:915 - Removal of board members
Any member may be removed from the board by the governor or a majority vote of the board after notice and a hearing by the board wherein grounds for removal have been established. Grounds for removal shall include but not be limited to incompetence, neglect of duty, or unprofessional or dishonorable conduct.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2018, No. 515, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:916. Qualifications of board members

RS 37:916 - Qualifications of board members
A.(1) Each registered nurse and advanced practice registered nurse member of the board shall possess all of the following qualifications:
(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.
(b) Holds a current, unencumbered, unrestricted, Louisiana license to practice as a registered nurse.
(c) Has at least three years of experience in a field of nursing practice.
(d) Is actively engaged in the practice of nursing as a registered nurse at the time of appointment.
(2) In addition to the qualifications provided in Paragraph (1) of this Subsection, at least two registered nurse members of the board shall have a minimum of a bachelor of science degree in nursing.
B.(1) Each consumer member of the board shall possess all of the following qualifications:
(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.
(b) Has attained the age of majority.
(c) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).
(d) Has never been convicted of a felony.
(e) Does not have and has never had a material financial interest in the healthcare profession.
(2) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2016, No. 598, §1; Acts 2018, No. 515, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:917. Composition of board

RS 37:917 - Composition of board
The board shall be composed of two members who are nursing service administrators; three members who are nurse educators, one of whom is a representative of an associate degree program in nursing, if such a representative applies to be and is submitted as a candidate for board membership in accordance with the provisions of R.S. 37:914(B); three members who are in other areas of nursing practice, one of whom is an advanced practice registered nurse; and one certified registered nurse anesthetist. In addition, there shall be two consumer members of the board as provided in R.S. 37:914(B).
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2016, No. 598, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:919. Domicile of board

RS 37:919 - Domicile of board
The domicile of the board shall be Baton Rouge, Louisiana, but offices for the purpose of administering the provisions of this Part may be established by the board in any of the principal cities or metropolitan areas of such principal cities in Louisiana.
Acts 1976, No. 351, §1; Acts 2003, No. 957, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:921. Grounds for disciplinary proceedings

RS 37:921 - Grounds for disciplinary proceedings
The board may deny, revoke, suspend, probate, limit, or restrict any license to practice as a registered nurse or an advanced practice registered nurse, impose fines, and assess costs, or otherwise discipline a licensee and the board may limit, restrict, delay, or deny a student nurse from entering or continuing the clinical phase of nursing education upon proof that the licensee or student nurse:
(1) Is guilty of selling or attempting to sell, falsely obtaining, or furnishing any nursing diploma or license to practice as a registered nurse.
(2) Is convicted of a crime or offense which reflects the inability of the nurse to practice nursing with due regard for the health and safety of clients or patients or enters a plea of guilty or nolo contendere to a criminal charge regardless of final disposition of the criminal proceeding, including, but not limited to, expungement or nonadjudication.
(3) Is unfit or incompetent by reason of negligence, habit, or other cause.
(4) Has demonstrated actual or potential inability to practice nursing with reasonable skill and safety to individuals because of use of alcohol or drugs; or has demonstrated inability to practice nursing with reasonable skill and safety to individuals because of illness or as a result of any mental or physical condition.
(5) Is guilty of aiding or abetting anyone in the violation of any provisions of this Part.
(6) Is mentally incompetent.
(7) Has had a license to practice nursing or to practice as another health care provider denied, revoked, suspended, or otherwise restricted.
(8) Is guilty of moral turpitude.
(9) Has violated any provision of this Part.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 1999, No. 315, §1, eff. June 16, 1999.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:922. Hearings by board

RS 37:922 - Hearings by board
A. Upon the filing of a sworn complaint with the board charging the violation of any of the provisions of this Part, the executive director of the board shall fix a time and place for hearing and send by registered mail a copy of the charges together with a notice of the time and place for hearing to the individual accused at least ten days prior to the date set for the hearing. The notice shall be mailed to the last known address of the individual accused as it appears on the records of the board. The executive director may appoint a panel consisting of three or more board members to hear the charges. If no panel has been appointed, the charges shall be heard by no less than a quorum of the board members.
B. The board may compel or subpoena the attendance of witnesses, the production of books, papers, and documents, and administer oaths at the hearings. The accused individual may have witnesses on his behalf summoned by the board and may confront the witnesses against him.
C. Notwithstanding any privilege of confidentiality recognized by law, no physician or health care institution with which such nurse is affiliated shall, acting under any such privilege, fail or refuse to respond to a lawfully issued subpoena of the board for any medical information, testimony, records, data, reports or other documents, tangible items, or information relative to any patient cared for or assigned to such nurse under investigation. However, the identity of any patient identified in or by such records or information shall be maintained in confidence by the board and shall be deemed a privilege of confidentiality existing in favor of any such patient. For the purpose of maintaining such confidentiality of patient identity, the board shall cause any such medical records of the transcript of any such testimony to be altered in order to prevent the disclosure of the identity of the patient to whom such records or testimony relates.
D. The board shall not be bound by strict rules of procedure or other laws of evidence in the conduct of its proceedings. At the hearing the accused individual may appear either personally or by counsel, produce witnesses and evidence on his own behalf, and cross-examine witnesses.
E. The board in its annual report shall state the nature and number of the various violations of this Part. The board, in its discretion, may maintain the confidentiality of an individual registered nurse who violates a provision of this Part whenever the board determines the public interest will be best served by alternatives to the disciplinary process.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2010, No. 943, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:923. Appeal from board decision

RS 37:923 - Appeal from board decision
Any decision of the board may be appealed to the court of competent jurisdiction within thirty days after mailing of notice of the decision by certified mail.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:924. Temporary restraining order

RS 37:924 - Temporary restraining order
The board, through its executive director or officers, may obtain, without the necessity of posting bond, a temporary restraining order forbidding any individual from violating any of the provisions of this Part. This temporary restraining order shall not be subject to release upon bond. Upon obtaining the temporary restraining order, the board shall proceed in an action to convert the temporary restraining order into a permanent injunction.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:925. Violations; penalty

RS 37:925 - Violations; penalty
A. No person shall engage in any of the following activities:
(1) Sell, or attempt to sell, falsely obtain, or furnish any nursing diploma, license, or record, or aid or abet therein.
(2) Practice nursing under any diploma, license, or record illegally obtained, signed, or issued unlawfully.
(3) Practice nursing unless duly licensed to do so under the provisions of this Part.
(4) Use in connection with his name any designation tending to imply that he is a registered nurse or an advanced practice registered nurse unless duly licensed to practice under the provisions of this Part.
(5) Practice nursing during the time the license issued under the provisions of this Part is suspended or revoked.
(6) Knowingly practice nursing during the time his license has lapsed for failure to renew the license.
(7) Conduct any program or curriculum of nursing, preparing students who are seeking licensure as registered nurses under the provisions of this Part unless such program or curriculum is approved by the board.
(8) Aid or abet anyone in the violation of any provisions of this Part.
(9) Violate any provision of this Part.
B. Whoever violates any provision of this Part shall, upon conviction, be fined not more than five thousand dollars or imprisoned, with or without hard labor, for not more than five years, or both.
C. If a person licensed to practice as a registered nurse or advanced practice registered nurse is found guilty of violating any provision of this Part, the board may suspend, probate, limit, or otherwise restrict, or revoke the license of such person.
D. In addition to Subsections B and C of this Section, any individual who falsely represents himself as a registered nurse or an advanced practice registered nurse, or who violates any provision of this Part may be brought before the board and fined not more than five thousand dollars and assessed the cost of investigation and disciplinary proceedings for each count or separate offense.
Acts 1976, No. 351, §1. Acts 1986, No. 487, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:926. Prosecutions by board

RS 37:926 - Prosecutions by board
Acts constituting violations as set out in R.S. 37:925 shall be subject to prosecution. This prosecution shall be brought in the name of the state, but nothing in this Part shall prevent or interfere with the prosecution of such proceedings by the attorney general or the district attorney of any parish, when the proceedings have been initiated by him.
Acts 1976, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:927. Fees

RS 37:927 - Fees
A. The board shall establish a reasonable fee schedule for the issuance or renewal of any license or permit, registration services, examination fees, consultation or presentation fees, or any other administrative function provided for in this Part. Such fee schedule may be modified from time to time as deemed necessary by the board. Such fee schedule shall include reasonable fees and administrative charges, not to exceed one hundred dollars per calendar year, for the issuance or renewal of any license or permit for practicing as a registered nurse or an advanced practice registered nurse, and shall include a late fee for issuance or renewal of any such license or permit not to exceed one hundred dollars per calendar year. The fee schedule set by the board may also include additional fees and costs which may be assessed in disciplinary proceedings as authorized by R.S. 37:925(D).
B. Fees set by the board under the authority of this Section shall include but not be limited to fees for the following education and continuing education purposes which shall not exceed the maximum amounts listed below:
(1) School approval-site visit $500/site visit
(2) School approval-annual report $ 50
(3) Out-of-state clinical approvals $250
(4) Continuing education provider approval $800/2 years
(5) Continuing education offering approval $ 75 and $10/contact hour
C. The fees provided for in this Part shall be paid to the secretary-treasurer of the board and disbursed for the purpose of administering this Part.
Acts 1976, No. 351, §1; Acts 1996, 1st Ex. Sess., No. 95, §1, eff. May 10, 1996; Acts 1999, No. 693, §1, eff. July 1, 1999; Acts 2016, No. 598, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:928. Disposition of Funds

RS 37:928 - Disposition of Funds
A. All amounts paid to the Louisiana State Board of Nursing shall be held subject to the order of the board to be used only for the purpose of meeting necessary expenses incurred in the performance of this Act, and the duties imposed thereby.
B. All monies which may have accumulated to the credit of the Board under the Act which is now repealed shall be continued for use by the board in the administration of this Part.
Acts 1976, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:929. Exceptions

RS 37:929 - Exceptions
The provisions of this Part shall not apply to:
(1) Gratuitous nursing by friends or members of the family.
(2) The incidental care of the sick by individuals primarily employed as domestic workers.
(3)(a) The rendering of nursing assistance by any individual in the case of immediate emergency.
(b) The rendering of nursing assistance by any individual in a disaster in accordance with the rules and regulations established by the board.
(4) The practice of nursing as an integral part of a program of study by student nurses enrolled in an approved school of nursing; however, the board shall have jurisdiction to assert a disciplinary action over a student nurse who violates any provisions of this Part.
(5) The practice of nursing in this state by any legally qualified nurse of another state who accompanies and cares for a patient temporarily residing in this state during a period not to exceed six months, if such nurse does not represent or hold himself out as a nurse licensed to practice in this state.
(6) Caring for the sick in accordance with tenets or practices of any church or religious denomination which teaches reliance upon spiritual means for healing, provided the individual does not prescribe or administer drugs or medicine, or assist in surgical or physical operations, assume the title of, or hold himself out to be a registered nurse or advanced practice registered nurse.
(7) The practice of nursing by a legally qualified registered nurse or advanced practice registered nurse of another state who is employed by the United States government, or any bureau, division, or agency thereof, while in the discharge of his or her official duties.
(8) The practice of any currently licensed registered nurse or advanced practice registered nurse of another state who is employed by an individual, agency, or corporation located in another state and whose employment responsibilities include transporting clients to, from, or throughout the state.
(9) The practice of any currently licensed registered nurse or advanced practice registered nurse of another state who provides or attends educational programs or provides consultative services within the state for a period as determined by the board. Neither the education nor consultation may include providing or directing nursing care or developing or revising nursing care policies.
(10) The performance of advanced practice nursing functions by licensed registered nurses who are advanced practice registered nurse students under the supervision of a qualified instructor or preceptor as a part of a program of study preparing individuals for the advanced practice of registered nursing.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 1999, No. 315, §1, eff. June 16, 1999; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:931. Civil immunity; certain persons

RS 37:931 - Civil immunity; certain persons
A. There shall be no civil liability and no licensee or other individual shall have a cause of action or a claim for damages against any person or institution providing information to the board, its members, officers, designated agents or representatives, employees, where the individual or institution acts without malice and in the reasonable belief that such information is accurate.
B. There shall be no liability on the part of and no action for damages against any member of the board, its officers, employees, agents, or representatives for any action undertaken or performed by such individual within the scope of the duties, powers, and functions of the board when acting without malice and in the reasonable belief that the action taken is within the board's and such individual's authority.
Acts 1985, No. 659, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:932. Collection of criminal evidence

RS 37:932 - Collection of criminal evidence
Nothing in this Part shall prohibit a registered nurse from collecting blood or urine from a person suspected of violating the provisions of R.S. 14:32, 32.1, 39.1, or 98, at the request of a law enforcement officer.
Acts 1990, No. 1011, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:933. Distributing medications in public health clinics

RS 37:933 - Distributing medications in public health clinics
Nothing in this Part shall prohibit a registered nurse who is properly licensed and recognized by the board as a nurse practitioner, nurse midwife, or clinical nurse specialist, and who is employed by a municipal, parochial, or state-operated or contracted public health clinic from inserting into the subcutaneous space a medication implant or distributing a therapeutic regime of medication, to be consumed by a patient off premises, to treat sexually transmitted diseases, or to prevent pregnancy, provided such insertion or distribution is performed only under a protocol approved by a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners. The distribution of the medication shall be accomplished under procedures developed by the director of pharmacy of the office of public health and approved by the Louisiana Board of Pharmacy.
Acts 1993, No. 474, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:934. Prepayment and post-payment utilization review

RS 37:934 - Prepayment and post-payment utilization review
Nothing in this Part shall prohibit a registered nurse who is properly licensed and recognized by the board from performing prepayment or post-payment utilization review of claims submitted for reimbursement under the Louisiana Medical Assistance Program provided that such review is performed under the direction of a licensed physician.
Acts 2003, No. 673, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:935. Anesthetics; authority of registered nurses

RS 37:935 - Anesthetics; authority of registered nurses
Notwithstanding any other provision in this Chapter to the contrary, a registered nurse may administer, in accordance with an order of an authorized prescriber, anesthetic agents to intubated patients in critical care settings, and may titrate and continue infusion of local anesthetic agents through the use of epidural or perineural catheters for pain management, excluding obstetric patients, in accordance with rules and regulations promulgated by the Louisiana State Board of Nursing, in accordance with the Administrative Procedure Act.
Acts 2004, No. 642, §1, eff. July 5, 2004; Acts 2010, No. 246, §1, eff. June 17, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:961. Definitions

RS 37:961 - Definitions
As used in this Part:
(1) "Accredited school" means a school of practical nursing approved by the board.
(2) "Board" means the Louisiana State Board of Practical Nurse Examiners.
(3) "Practical nurse" means a person who practices practical nursing and who is licensed to practice under this Part.
(4) The "practice of practical nursing" means the performance for compensation of any acts, not requiring the education, training, and preparation required in professional nursing, in the care, treatment, or observation of persons who are ill, injured, or infirm and for the maintenance of the health of others and the promotion of health care, including the administration of medications and treatments or in on-job training or supervising licensed practical nurses, subordinate personnel, or instructing patients consistent with the licensed practical nurse's education and preparation, under the direction of a licensed physician, optometrist, or dentist acting individually or in his capacity as a member of the medical staff, registered nurse, or physician assistant. The licensed practical nurse may perform any of the foregoing duties, and with appropriate training may perform additional specified acts which are authorized by the Louisiana State Board of Practical Nurse Examiners when directed to do so by the licensed physician, optometrist, or dentist acting individually or in his capacity as a member of the medical staff, registered nurse, or physician assistant.
Amended by Acts 1968, No. 80, §1; Acts 1978, No. 237, §1; Acts 1995, No. 1209, §1; Acts 2014, No. 791, §11; Acts 2014, No. 811, §19, eff. June 23, 2014; Acts 2020, No. 295, §1.