reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3412. False information

RS 37:3412 - False information
It shall be unlawful for any person or his agent to file with the board any notice, statement, or other document required under the provisions of this Chapter which is false or contains any material misstatement of fact.
Acts 1987, No. 472, §1; Acts 1995, No. 690, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3413. Penalty

RS 37:3413 - Penalty
Any person who violates any provision of this Chapter shall be fined not more than five thousand dollars, imprisoned for not more than six months, or both.
Acts 1995, No. 690, §2; Acts 2003, No. 341, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.1. Short title

RS 37:3415.1 - Short title
This Chapter shall be known and may be cited as the "Louisiana Appraisal Management Company Licensing and Regulation Act".
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.4. Exemptions

RS 37:3415.4 - Exemptions
A. This Chapter shall not be applicable to any of the following:
(1) Any corporation, partnership, sole proprietorship, subsidiary, unit, or other business entity that exclusively employs persons on an employer/employee basis for the performance of real estate appraisal services in the normal course of its business and such entity is responsible for ensuring that the real estate appraisal services being performed by its employees are being performed in accordance with Uniform Standards of Professional Appraisal Practice.
(2) Any individual, corporation, partnership, sole proprietorship, subsidiary, unit, or other business entity engaged in real estate appraisal services who, in the normal course of business, enters into an agreement, whether written or otherwise, with another independent appraiser for the performance of real estate appraisal services that the hiring or contracting appraiser is unable to complete for any reason, including but not limited to competency, work load, schedule, or geographic location.
(3) Any individual, corporation, partnership, sole proprietorship, subsidiary, unit, or other business entity engaged in real estate appraisal services who, in the normal course of business, enters into an agreement, whether written or otherwise, with an independent contractor appraiser for the performance of real estate appraisal services and, upon the completion of the appraisal, the report of the appraiser performing the real estate appraisal services is cosigned by the appraiser who subcontracted with the independent appraiser for the performance of the real estate appraisal services.
B. The Louisiana Real Estate Appraisers Board may issue special exemptions, if deemed acceptable by the board, upon special application and review.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.5. Forms

RS 37:3415.5 - Forms
An applicant for a license as an appraisal management company in this state shall submit to the board an application on a form prescribed by the board.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.6. Expiration of license

RS 37:3415.6 - Expiration of license
All licenses granted by the board pursuant to this Chapter shall expire December thirty-first of each calendar year.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010; Acts 2011, No. 114, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.7. Consent to service of process

RS 37:3415.7 - Consent to service of process
Each entity applying for a license as an appraisal management company in this state shall complete an irrevocable Uniform Consent to Service of Process as prescribed by the board.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.8. Owner requirements

RS 37:3415.8 - Owner requirements
A. An appraisal management company applying for a license in this state shall not be owned by any person who has had a license or certificate to act as an appraiser, real estate broker or agent, mortgage broker, or mortgage originator, which combined are considered to be "real estate or lending-related licenses" refused, denied, suspended, canceled, surrendered in lieu of revocation, or revoked in the past in any state.
B. Any licensed appraisal management company with an owner or employee who is subsequently refused or denied a real estate or lending-related license in any state, shall notify the board in writing within ten days of such action.
C. Any licensed appraisal management company with an owner or employee whose real estate or lending-related license has been refused, denied, suspended, canceled, surrendered in lieu of revocation, or revoked subsequent to being registered shall notify the board in writing within ten days of such action.
D. Either refusal or revocation of any real estate or lending-related license in any state shall be grounds for denying renewal of the appraisal management company's license. However, failure to notify the board of refusal, suspension, revocation, or cancellation of the licenses within ten days of such action shall be cause for revocation of an appraisal management company's license.
E. Each person that has any ownership interest in an appraisal management company in this state shall comply with all of the following:
(1) Be of good moral character, as determined by the board.
(2) Submit to a background investigation, as determined by the board.
(3) Certify to the board that the person has never had a license to act as an appraiser refused, denied, canceled, suspended, surrendered in lieu of revocation, or revoked in this state or in any other state.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010; Acts 2022, No. 415, §1, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.9. Controlling person; requirements

RS 37:3415.9 - Controlling person; requirements
A. Each appraisal management company applying to the board for a license in this state shall designate one controlling person that will be the main contact for all communication between the board and the appraisal management company.
B. In order to serve as a controlling person of an appraisal management company, a person shall comply with all of the following:
(1) Certify to the board that he has never had a certificate or license issued by the board of this state, or the board of any other state, to act as an appraiser refused, denied, canceled, suspended, surrendered in lieu of revocation, or revoked.
(2) Be of good moral character, as determined by the board.
(3) Submit to a background investigation, as determined by the board.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010; Acts 2022, No. 415, §1, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.10. License application assessment; delinquent renewal

RS 37:3415.10 - License application assessment; delinquent renewal
A. When accepting an application for an initial or renewal license, the board is authorized to collect an assessment not in excess of one thousand five hundred dollars.
B. If the license renewal is delinquent, the board is further authorized to collect a delinquent renewal assessment as follows:
(1) If the renewal application is submitted during the period of January first to February fifteenth, an amount not in excess of one hundred fifty dollars.
(2) If the renewal application is submitted during the period of February sixteenth to June thirtieth, an amount not in excess of three hundred dollars.
C. If an initial license is issued after January first of any year, the assessment shall be prorated to the remaining portion of the year ending December thirty-first.
D. The provisions of this Section shall expire on December 31, 2026.
Acts 2011, No. 114, §1; Acts 2013, No. 31, §1, eff. May 29, 2013; Acts 2016, No. 259, §1; Acts 2017, No. 11, §1; Acts 2019, No. 252, §1; Acts 2022, No. 415, §1, eff. June 15, 2022.
NOTE: See Acts 2011, No. 114, §§2, 3, relative to licenses issued on or after certain dates.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.11. Limitations

RS 37:3415.11 - Limitations
An appraisal management company licensed in this state pursuant to this Chapter shall not enter into contracts or agreements with an independent appraiser for the performance of real estate appraisal services unless that person is licensed and in good standing pursuant to the Louisiana Real Estate Appraisers Law, R.S. 37:3391 et seq.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.12. Pre-engagement certification

RS 37:3415.12 - Pre-engagement certification
Each appraisal management company seeking to be licensed in this state shall certify to the board, on an annual basis, on a form prescribed by the board, that the appraisal management company has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a license in good standing in this state pursuant to the Louisiana Real Estate Appraisers Law, R.S. 37:3391 et seq.
Acts 2009, No. 502., §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.13. Adherence to standards; competency

RS 37:3415.13 - Adherence to standards; competency
A. Each appraisal management company seeking to be licensed in this state shall certify to the board on an annual basis that it has a system in place to review on a periodic basis the work of all appraisers that are performing real estate appraisal services for the appraisal management company to ensure that the real estate appraisal services are being conducted in accordance with Uniform Standards of Professional Appraisal Practice.
B. Before or at the time of making an assignment to an appraiser, an appraisal management company shall verify that the appraiser receiving the assignment satisfies each provision of the competency rule of the Uniform Standards of Professional Appraisal Practice for the appraisal being assigned.
Acts 2009, No. 502, §1, eff. Jan. 1, 2009; Acts 2012, No. 429, §1, eff. May 31, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.14. Record keeping

RS 37:3415.14 - Record keeping
Each appraisal management company seeking to be licensed in this state shall certify to the board on an annual basis that it maintains a detailed record for five years of each real estate appraisal service request that it receives including the fee paid by the lenders to all appraisers for all real estate appraisal services and the names of all appraisers or entities that perform all real estate appraisal services for the appraisal management company.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.15. Fees; customary and reasonable; disclosure

RS 37:3415.15 - Fees; customary and reasonable; disclosure
A. An appraisal management company shall compensate appraisers at a rate that is customary and reasonable for appraisals being performed in the market area of the property being appraised, consistent with the requirements of 15 U.S.C. 1639(e) and the final federal rules as provided for in the applicable provisions of 12 CFR Parts 34, 225, 226, 323, 1026, and 1222.
B. An appraisal management company shall separately state to the client all of the following:
(1) The fees paid to an appraiser for appraisal services.
(2) The fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services.
C.(1) An appraisal management company shall not prohibit any appraiser who is part of an appraiser panel from recording the fee that the appraiser was paid by the appraisal management company for the performance of the appraisal within the appraisal report that is submitted by the appraiser to the appraisal management company.
(2) An appraisal management company shall not include any fees for appraisal management services performed by the company in the amount the company reports as charges for the actual completion of an appraisal by the appraiser.
Acts 2012, No. 429, §1, eff. May 31, 2012; Acts 2016, No. 259, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.16. Appraiser independence; prohibitions

RS 37:3415.16 - Appraiser independence; prohibitions
A. It shall be unlawful for any employee, director, officer, or agent of an appraisal management company licensed in this state pursuant to this Chapter to influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery, or in any other manner, including but not limited to the following:
(1) Withholding or threatening to withhold timely payment for an appraisal.
(2) Withholding or threatening to withhold future business for an independent appraiser, or demoting or terminating or threatening to demote or terminate an independent appraiser.
(3) Expressly or impliedly promising future business, promotions, or increased compensation for an independent appraiser.
(4) Conditioning the request for a real estate appraisal service or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an independent appraiser.
(5) Requesting that an independent appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time prior to the independent appraiser's completion of a real estate appraisal service.
(6) Providing to an independent appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided.
(7) Providing to an independent appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits, allowing the removal of an independent appraiser from an appraiser panel, without prior written notice to such appraiser.
(8) Obtaining, using, or paying for a second or subsequent appraisal or ordering an automated valuation model in conjunction with a mortgage financing transaction unless there is a reasonable basis to believe that the initial appraisal was flawed or tainted and such basis is clearly and appropriately noted in the loan file, or unless such appraisal or automated valuation model is done pursuant to a bona fide pre- or post-funding appraisal review or quality control process or underwriting guidelines, and so long as the lender adheres to a policy of selecting the most reliable appraisal, rather than the appraisal that states the highest value.
(9) Forcing an appraiser to accept an assignment where the delivery times are so short that they force the appraiser to render a misleading report.
B. Nothing in Subsection A of this Section shall be construed as prohibiting the appraisal management company from requesting that an independent appraiser do either of the following:
(1) Provide additional information about the basis for a valuation.
(2) Correct objective factual errors in an appraisal report.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.17. Alteration of appraisal reports

RS 37:3415.17 - Alteration of appraisal reports
An appraisal management company shall not alter, modify, or otherwise change a completed real estate appraisal service report submitted by an appraiser.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.18. Adjudication of disputes between an appraisal management company and an appraiser

RS 37:3415.18 - Adjudication of disputes between an appraisal management company and an appraiser
A. An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an independent appraiser without doing all of the following:
(1) Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company. If the appraiser is being removed from the panel for illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice, or a violation of state licensing standards, the nature of the alleged conduct or violation shall be identified.
(2) Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.
B. An appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice, or violation of state licensing standards, may file a complaint with the board for a review of the decision of the appraisal management company, except that in no case shall the board make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company which is unrelated to the actions specified in Subsection A of this Section.
C. If an appraiser files a complaint against an appraisal management company pursuant to Subsection B of this Section, the board shall adjudicate the complaint.
D. If, after opportunity for hearing and review, the board determines that an appraiser did not commit a violation of law, a violation of the Uniform Standards of Professional Appraisal Practice, or a violation of state licensing standards, the board shall order that an appraiser be reinstated to the appraiser panel of the appraisal management company that was the subject of the complaint without prejudice.
E. Following the adjudication of a complaint to the board by an appraiser against an appraisal management company, an appraisal management company may not refuse to make assignments for real estate appraisal services to an appraiser, or reduce the number of assignments, or otherwise penalize the appraiser, if the board has found that the appraisal management company acted improperly in removing the appraiser from the appraiser panel.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010; Acts 2022, No. 415, §1, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.19. Enforcement

RS 37:3415.19 - Enforcement
A. The board may censure an appraisal management company, conditionally or unconditionally suspend, or revoke any license issued under this Chapter, levy fines or impose civil penalties not to exceed fifty thousand dollars, if in the opinion of the board, an appraisal management company is attempting to perform, is performing, has performed, or has attempted to perform any of the following acts:
(1) Committing any act in violation of this Chapter.
(2) Violating any rule or regulation adopted by the board in the interest of the public and consistent with the provisions of this Chapter.
(3) Procuring a license by fraud, misrepresentation, or deceit.
B.(1) In addition to any other civil remedy or civil penalty provided for in this Chapter, the board may issue a subpoena to any person or persons who the board has probable cause to believe has engaged in real estate appraisal activity without a currently valid license.
(2) Subpoenas issued by the board shall comply with the notice requirements of R.S. 49:975. These subpoenas shall be served upon the unlicensed individual personally or by any type of mailing requiring a return receipt and shall include a statement of the manner in which the unlicensed person shall be required to respond to the commission.
C. The board may impose a civil penalty of no more than five thousand dollars upon any unlicensed person who, after a hearing or informal resolution in accordance with all provisions of this Chapter and the Administrative Procedure Act, is found to have engaged in real estate appraisal activity without a currently valid license having been issued by the board pursuant to the provisions of this Chapter. In addition, the board may assess costs and attorney fees against the unlicensed person found to have been engaged in real estate appraisal activity without a current license.
D. No person engaged in real estate appraisal activity without a currently valid license shall have the right to receive any compensation for services so rendered. In addition to any other penalties imposed under this Chapter, the board may require that any person engaged in real estate appraisal activity without a license return any fees collected for engaging in real estate appraisal activity.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.20. Disciplinary hearings

RS 37:3415.20 - Disciplinary hearings
A. The conduct of adjudicatory proceedings in accordance with the Administrative Procedure Act for violations of this Chapter is vested in the board, subject to the following provisions:
(1) Before censuring, suspending, or revoking any registration, the board shall notify the licensee in writing of any charges made, at least twenty days prior to the date set for the hearing and shall afford the licensee an opportunity to be heard in person or by counsel.
(2) The written notice shall be satisfied by personal service on the controlling person of the licensee, or the licensee's agent for service of process in this state, or by sending the notice by certified mail, return receipt requested to the controlling person of the licensee to the licensee's address on file with the board, or by board personnel hand delivering a copy of the charges to the licensee.
(3) The board shall have the power to subpoena and issue subpoenas duces tecum and to bring before it any person in this state, or take testimony by deposition, in the same manner prescribed by law in judicial proceedings in the courts of this state, or to require production of any records relevant to an inquiry or hearing by the board. Any final decision or determination of the board shall be reviewable by the Nineteenth Judicial District Court in the Parish of East Baton Rouge.
(4) The hearing on the charges shall be at a time and place prescribed by the board and in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
(5) The board may make findings of fact and shall deliver or mail such findings to the licensee charged with an offense under this Chapter. Any finding of fact by the board pursuant to the provisions of this Section shall be conclusive.
B.(1) The Nineteenth Judicial District Court of the state may review questions of law involved in any final decision of the board. Any application for review made by an aggrieved party shall be filed within thirty days after the final decision of the board.
(2) If the court finds that the Louisiana Real Estate Appraisers Board has regularly pursued its authority and has not acted arbitrarily, it shall affirm the decision, order, or ruling of the board. If a petition to review the final decision of the board is filed, the case shall be specifically fixed for trial within thirty days from the filing of an answer by the board.
C. Administrative proceedings under this Chapter before the board are not exclusive remedies. Criminal action under the terms of this Chapter may be simultaneously instituted and maintained against the accused for any violation of this Chapter. The board may also separately or simultaneously bring and carry on an action by injunction to restrain a licensed or unlicensed individual from further violation of any of the provisions of this Chapter, during the pendency of the criminal proceeding or proceedings before the board and against any unlawful practice thereafter.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.21. Rulemaking authority

RS 37:3415.21 - Rulemaking authority
A. The board may adopt any rules and regulations in accordance with the Administrative Procedure Act necessary for the enforcement of this Chapter.
B. Repealed by Acts 2014, No.764, §1.
Acts 2009, No. 502, §1, eff. Jan. 1, 2010; Acts 2012, No. 429, §1, eff. May 31, 2012; Acts 2014, No. 764, §1, eff. June 19, 2014.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3415.22. Federal registry requirements

RS 37:3415.22 - Federal registry requirements
A. The board shall collect from each appraisal management company that is registered or seeking to be registered in this state the information that the appraisal subcommittee, as described in R.S. 37:3395, requires to be submitted to it by the state pursuant to regulations promulgated by the appraisal subcommittee, including the collection of administrative fees consistent with the final federal rules as provided for in the applicable provisions of 12 CFR Parts 34, 208, 225, 323, 390, 1026, and 1222.
B.(1) A federally regulated appraisal management company operating in this state shall report to the board any information required to be submitted by the state to the appraisal subcommittee pursuant to the policies of the appraisal subcommittee regarding the determination of the appraisal management company national registry fee.
(2) Reports submitted pursuant to this Subsection shall include the following:
(a) A statement, in a form prescribed by the board, detailing the intent of the federally regulated appraisal management company to operate in this state.
(b)(i) Any information related to whether the appraisal management company is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certification refused, denied, cancelled, surrendered in lieu of revocation, or revoked in any state.
(ii) Any information related to the revocation of a license of any person described in Item (i) of this Subparagraph and whether the revoked license has been reinstated by the state or states in which the appraiser was licensed.
C.(1) Any appraisal management company not meeting the minimum qualifications established by 12 U.S.C. 3350(11) shall not be included in the National Registry of Appraisal Management Companies as administered by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
(2) In accordance with 12 U.S.C. 221 et seq., this Chapter does not apply to any entity that is a subsidiary owned and controlled by a federal financial institution regulatory agency, including the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.
Acts 2016, No. 259, §1; Acts 2022, No. 415, §1, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3422. Definitions

RS 37:3422 - Definitions
As used in this Chapter, the following terms shall apply unless the context clearly states otherwise:
(1) "Board" means the Louisiana State Board of Medical Examiners.
(2) "Clinical exercise physiologist" means a person who, under the direction, approval, and supervision of a licensed physician, formulates, develops, and implements exercise protocols and programs, administers graded exercise tests, and provides education regarding such exercise programs and tests in a cardio pulmonary rehabilitation program to individuals with deficiencies of the cardiovascular system, diabetes, lipid disorders, hypertension, cancer, chronic obstructive pulmonary disease, arthritis, renal disease, organ transplant, peripheral vascular disease, and obesity.
(3) "Exercise protocols and programs" means the intensity, duration, frequency, and mode of activity to improve the cardiovascular system.
(4) "Licensed physician" means a person who is licensed by the Louisiana State Board of Medical Examiners to practice medicine in the state.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3423. License required

RS 37:3423 - License required
Effective January 1, 1996, no person shall practice, or in any way hold himself out, or designate himself, as a licensed clinical exercise physiologist unless he possesses a current license issued pursuant to this Chapter or is exempt from this Chapter.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3424. Powers and duties of the board

RS 37:3424 - Powers and duties of the board
The board shall:
(1) Examine for, approve, withhold, deny, restrict, revoke, suspend, and renew licensure of duly qualified applicants.
(2) Maintain a record of its proceedings regarding the regulation and licensing of clinical exercise physiologists in a book maintained for that purpose.
(3) Maintain a roster of all licensed clinical exercise physiologists and annually prepare a roster of the names and addresses of all such licensees. A copy of the roster shall be made available to any person requesting it upon payment of a fee established by the board as sufficient to cover the cost of the roster.
(4) Adopt rules and regulations, a professional code of ethics, and examination procedures as it may consider necessary to implement this Chapter in accordance with the Administrative Procedure Act.
(5) Establish and publish minimum standards of practice in accordance with those developed and accepted by the profession.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3425. Qualifications for licensure; renewal

RS 37:3425 - Qualifications for licensure; renewal
A. The board shall issue a license to each applicant who files an application upon a form and in such manner as the board prescribes, accompanied by such fee as required in R.S. 37:3428, and who furnishes satisfactory evidence to the board that he:
(1) Is at least twenty-one years of age.
(2) Is of good moral character.
(3) Is not in violation of this Chapter and the rules and regulations adopted hereunder.
(4) Has a master of science degree or a master of education degree in an exercise studies curriculum from an accredited school, which school at the time of graduation, was approved by the American College of Sports Medicine or the board, and has successfully completed an internship of three hundred hours in exercise physiology under the supervision of a licensed exercise physiologist.
(5) Has passed an examination to the satisfaction of the board as provided in R.S. 37:3427.
(6) Has completed certain course work as required by the board.
B. The board shall license and renew annually the license to practice for all persons who present satisfactory evidence of qualifications as specified in this Section and under the rules and regulations adopted by the board.
C. No license shall be denied any applicant based upon the applicant's race, religion, creed, national origin, sex, or physical impairment.
D. Licenses shall be renewed annually according to procedures adopted by the board. The board may require continuing education course work as a condition of renewal.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3426. Licensing of current practitioners

RS 37:3426 - Licensing of current practitioners
A. Any person currently practicing as a clinical exercise physiologist for a period of twelve months immediately prior to August 1, 1995, shall be licensed as a clinical exercise physiologist upon application and payment of the applicable licensing fee if he meets the qualifications in R.S. 37:3425(A)(1), (2), and (3) and meets any three of the following criteria:
(1) Has a master of science or a master of education degree in an exercise studies curriculum from an accredited school.
(2) Has one year experience as a clinical exercise physiologist in a cardiopulmonary program.
(3) Is certified as an exercise specialist by the American College of Sports Medicine.
(4) Is recommended by two licensed physicians, one of whom is a board-certified cardiologist.
(5) Has successfully completed an internship of three hundred hours in a cardiopulmonary program under the supervision of a clinical exercise physiologist.
B. After a period of one year from August 1, 1995, no person shall be licensed under this Section.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3427. Examination

RS 37:3427 - Examination
A. The board shall examine applicants for licensure as clinical exercise physiologists at such times and places as it may determine. The board shall give public notice and shall notify each person who has made satisfactory application for examination of the date, time, and place of examination.
B. The examination shall test the applicant's knowledge of such subjects as the board may consider useful in determining the applicant's fitness to practice clinical exercise physiology but may not go beyond the scope of the examination for clinical exercise physiologists as described by the American College of Sports Medicine.
C. When acting as a board of examiners of applicants for licenses to practice clinical exercise physiology in the state, the board shall appoint three or more persons who are licensed to practice exercise physiology in accordance with this Chapter to assist in the preparation and administration of the examination of applicants under rules and regulations adopted by the board.
D. An applicant shall successfully pass the examination to be eligible for licensure as a clinical exercise physiologist. The board shall notify each applicant of the results of the examination in writing. Any applicant who fails to pass the examination and is, therefore, refused licensure may take the examination again upon application and payment of an additional examination fee.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3428. Fees

RS 37:3428 - Fees
A. The board shall collect the following fees:
(1) Application and license fee $75.00
(2) Renewal fee $25.00
(3) Reissuance for lost or destroyed license $25.00
B. In addition to the fees provided in Subsection A of this Section, the board shall collect an examination fee to be determined by the board but not to exceed the cost of the examination given by the American College of Sports Medicine if such examination has not been taken.
C. Each applicant who applies for the renewal of a license after his license has expired shall pay a late fee of twenty-five dollars for each late application.
D. The fees established in this Section shall not be refundable except under such conditions as the board may establish.
Acts 1995, No. 630, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3430. Violation; penalty

RS 37:3430 - Violation; penalty
A. No person shall assume or use the title or designation "licensed clinical exercise physiologist" unless he has in his possession a valid license issued by the board under the authority of this Chapter. This provision shall become effective on January 1, 1996.
B. Whoever violates this Chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than five hundred dollars.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3431. Injunction; penalty; attorney's fees; costs

RS 37:3431 - Injunction; penalty; attorney's fees; costs
A. The board, through its proper officer, may cause to issue in any competent court, a writ of injunction enjoining any person from practicing as a clinical exercise physiologist as defined herein until such person obtains a license under the provisions of this Chapter. This injunction shall not be subject to being released upon bond.
B. If it is established that the defendant has been or is committing an act declared to be a misdemeanor by this Chapter, the court shall enter a decree enjoining the defendant from further committing such act.
C. In case of violation of any injunction issued under the provisions of this Section, the court may summarily try and punish the offender for contempt of court.
D. The injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this Chapter.
E. In the suit for an injunction, the board, through its president, may demand of the defendant a penalty of not more than five hundred dollars, and attorney's fees not to exceed one hundred dollars, in addition to the costs of court. This judgment for penalty, attorney's fees, and costs may be rendered in the same judgment in which the injunction is made absolute.
F. The trial of the proceeding by injunction shall be summary and by the judge without a jury.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3432. Exemptions

RS 37:3432 - Exemptions
The following persons and their activities are exempted from the licensing requirements of this Chapter:
(1) Any person employed or supervised by a licensed physician whose primary duty it is to provide graded exercise testing within the confines of the physician's office. The supervisor shall not represent himself to the public as a licensed clinical exercise physiologist.
(2) Any student in an accredited educational institution, while carrying out activities that are part of the prescribed course of study, provided such activities are supervised by a licensed clinical exercise physiologist. Such student shall hold himself out to the public only by clearly indicating his student status and the profession in which he is being trained.
(3) Any person employed as a clinical exercise physiologist by any federal or state agency provided such person's activities constitute part of the duties for which they are employed or solely within the confines or under the jurisdiction of the organization by which they are employed.
(4) Any natural person licensed as a health care provider under any other law while acting within the scope of such licensure.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3433. Prohibition

RS 37:3433 - Prohibition
Nothing in this Chapter shall be construed to allow a licensed clinical exercise physiologist to practice physical therapy as defined in R.S. 37:2401 and 2410 nor shall any licensed clinical exercise physiologist hold himself out as a physical therapist or a physical therapist assistant.
Acts 1995, No. 630, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3434. Advisory committee; meetings

RS 37:3434 - Advisory committee; meetings
A statewide advisory committee established by the board in carrying out its duties pursuant to this Chapter may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.
Acts 2022, No. 408, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3442. Statement of purposes

RS 37:3442 - Statement of purposes
It is declared to be the policy of this state that activities of those persons who render service to the public in the rehabilitation counseling area and use the title "licensed professional vocational rehabilitation counselor" should be regulated for the protection of public health, safety, and welfare. Therefore, it is the purpose of this Chapter to provide for the regulation of the practice of rehabilitation counseling in the state and to provide for the regulation of the use of the title "licensed professional rehabilitation counselor".
Acts 1988, No. 555, §1, eff. July 14, 1988.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3443. Definitions

RS 37:3443 - Definitions
As used in this Chapter, the following terms shall mean the following, unless the context requires otherwise:
(1) "Board" means the Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of Examiners.
(2) "Licensed professional vocational rehabilitation counselor" means any person who holds himself out to the public, for a fee or other personal gain, by any title or description of services incorporating the words "licensed professional vocational rehabilitation counselor" or any similar term, and who offers to render professional rehabilitation counseling services denoting a client-counselor relationship in which the counselor assumes responsibility for knowledge, skill, and ethical considerations needed to assist individuals, groups, organizations, or the general public, and who implies that he is licensed to engage in the practice of rehabilitation counseling pursuant to this Chapter.
(3) "Practice of rehabilitation counseling" means rendering or offering to individuals, groups, organizations, or the general public rehabilitation services in private practice for compensation involving the application of principles, methods, or procedures of the rehabilitation counseling profession which include but are not limited to:
(a) "Rehabilitation counseling" which means assisting an individual or group, through the counseling relationship, to define vocational goals, and to plan actions reflecting his or their interests, abilities, aptitudes, and needs as these are related to rehabilitation concerns, educational progress, and occupations and careers.
(b) "Referral activities" which means the evaluating of data to identify vocational problems and to determine the advisability of referral to other specialists.
(c) "Vocational rehabilitation services" which includes but is not limited to vocational assessment, vocational counseling, education, and training services, including on-the-job training, self-employment plans, job analysis, and job placement. For purposes of this Chapter, "vocational assessment" includes but is not limited to the administration, interpretation, and use of single scale screening tests of intelligence and tests of education, achievement, personal traits, interests, aptitudes, abilities, language, adaptive behavioral tests, and symptom screening checklist, solely to define vocational goals and plan actions as related to rehabilitation concerns, educational progress, and occupations and careers.
(d) Referral activities and vocational rehabilitation services shall not include neuropsychological testing.
(4) "Rehabilitation counseling services" which means those acts and behaviors coming within the "practice of rehabilitation counseling" as defined in this Chapter.
Acts 1988, No. 555, §1, eff. July 14, 1988; Acts 1993, No. 545, §1; Acts 1999, No. 1271, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3445. Board meetings; procedures; powers and duties

RS 37:3445 - Board meetings; procedures; powers and duties
A. The board shall be domiciled and hold its meetings in Baton Rouge. The board shall hold a meeting within sixty days after October 1, 1988, and semiannually thereafter. The board shall elect from its membership a chairman, vice chairman, and secretary. The board may meet at such other times as deemed necessary by the chairman, or by the majority of its members, or by the governor. Reasonable notice of all meetings shall be given in the manner prescribed by the board. Three members of the board shall constitute a quorum at any meeting or hearing.
B. A clerical secretary, who shall not be a member of the board, shall be employed, within the limits of the funds received by the board pursuant to R.S. 37:3446. The board shall be empowered to accept federal and state grants and grants from foundations and institutions to carry on its functions.
C. The board shall adopt a seal which shall be affixed to all licenses issued by the board.
D. The board shall adopt such rules, regulations, and examination procedures as it may deem necessary to effect the provisions in this Chapter. The board shall adopt the Commission on Rehabilitation Counselor Certification Code of Professional Ethics including any revisions or additions deemed appropriate or necessary by the board.
E. The board may examine, approve, revoke, suspend, and renew the license of applicants and shall review applications at least once a year. The board shall keep a record of its proceedings including applicant examinations, a register of applicants for licenses, and a register of licensed professional vocational rehabilitation counselors which shall be made available to the public. Any person aggrieved by a ruling of the board may, within thirty days after notification, appeal to the district court for the parish of East Baton Rouge. The board shall have the power to conduct hearings on suspension or revocation of a license.
F. The board shall submit an annual report to the governor and the legislature containing the financial and professional actions of the board during the past year.
Acts 1988, No. 555, §1, eff. July 14, 1988; Acts 2018, No. 626, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3446. Fees; application for license

RS 37:3446 - Fees; application for license
A. The board shall, by rule, establish and collect fees not in excess of the following amounts:
(1) Application, license, and seal
$
200.00
(2) Written examination
$
100.00
(3) Renewal of license
$
100.00
(4) Reissuance for lost or destroyed license
$
50.00
B. No part of any fee shall be refundable under any conditions other than failure of the board to hold examinations on the date originally announced. All fees collected in this manner and all gifts or grants shall be deposited and credited to the account of the board in a licensed financial institution of the board's choosing. The funds of the board may be used for printing, travel expenses of the board, and for other necessary expenses as are essential to the carrying out of the provisions of this Chapter. Expenses shall be paid under the written direction of the chairman of the board in accordance with procedures established by the division of administration. Any surplus at the end of the fiscal year shall be retained by the board for future expenditures.
Acts 1988, No. 555, §1, eff. July 14, 1988; Acts 1999, No. 1271, §1.