reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1464. Real Estate Research and Education Fund

RS 37:1464 - Real Estate Research and Education Fund
A. There is created the Louisiana Real Estate Research and Education Fund. The Louisiana Real Estate Research and Education Fund, hereinafter referred to as the "education fund", is hereby established to promote the advancement and more efficient administration of the real estate industry and thereby serve to protect the public. Said funds are to be disbursed by voucher properly drawn and signed by the chairman of the Louisiana Real Estate Commission or his designee for the purposes hereinafter specified in Subsection C of this Section.
B. In addition to the licensee fees provided for in R.S. 37:1443, the commission may charge, upon initial issuance or renewal of every real estate broker's and real estate salesperson's license, as well as any and all other types of licenses, if any issued by the commission after January 1, 1979, an amount not to exceed ten dollars per annum or twenty dollars for each two-year license period to be included in the education fund.
C. The commission, in its discretion, may use any and all monies in the education fund from whatever source derived for the following purposes:
(1) To establish real estate chairs at Louisiana institutions of higher learning.
(2) To contract for particular research projects in the field of real estate for the state of Louisiana.
(3) To sponsor, conduct, contract for, and to underwrite any and all other research projects or real estate programs having to do with the advancement of the real estate field in Louisiana.
(4) To reduce the Louisiana Real Estate Commission office building debt for the Fiscal Years 2010-2011 and 2011-2012. This Paragraph shall cease to be effective on June 30, 2012.
Acts 1978, No. 514, §1; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 2010, No. 371, §1, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1465. Real estate franchises

RS 37:1465 - Real estate franchises
A person, partnership, limited liability company, association, or corporation, foreign or domestic, acting in the capacity of a franchisor shall not enter into a franchise agreement with a real estate broker in this state unless the franchisor has appointed a Louisiana licensed real estate broker to act as its representative in this state.
Added by Acts 1983, No. 381, §1. Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1995, No. 1207, §1; Acts 2016, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1466. Errors and omissions insurance; mandatory for all licensees

RS 37:1466 - Errors and omissions insurance; mandatory for all licensees
A. All active licensees licensed in accordance with the provisions of this Chapter are mandated to carry errors and omissions insurance to cover all activities contemplated under this Chapter.
B. The commission shall make the insurance mandated under this Section available to all licensees by contracting with an insurance provider having a current rating in A.M. Best of A or better for a group policy after competitive, sealed bidding and awarding such contract pursuant to requirements established by the commission. Such issuance and award shall be exempt from the provisions of Chapters 16 and 17 of Title 39 of the Louisiana Revised Statutes of 1950.
C. Any policy obtained by the commission must be available to all licensees with no right on the part of the insurance provider to cancel any licensee.
D. Licensees shall have the option of obtaining errors and omissions insurance independently, provided that the coverage contained in such policy complies with the minimum requirements established by the commission.
E. The commission shall determine the terms and conditions of coverage mandated under this Section, including but not limited to the minimum limits of coverage, the permissible deductible, and permissible exemptions.
F. An active licensee that elects to obtain independent errors and omissions insurance shall file a form verifying that they have independent coverage, as prescribed by the commission, with the annual license renewal.
G. Active licensees applying for inactive status and those licensees renewing their license while in an inactive status may do so without the required coverage mandated by this Section.
H. Should the commission be unable to obtain errors and omissions insurance coverage to insure all licensees who chose to participate in the group insurance program at a reasonable cost, not to exceed five hundred dollars for coverage, the insurance requirement mandated by this Section shall be void during the applicable contract year.
Acts 1988, No. 849, §1, eff. Jan. 1, 1990; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1995, No. 1207, §1; Acts 1997, No. 845, §1; Acts 2001, No. 924, §1; Acts 2016, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1467. Agency

RS 37:1467 - Agency
A. Licensees shall provide the parties to a real estate transaction with an agency disclosure informational pamphlet, and where applicable, a dual agency disclosure form as mandated under R.S. 9:3897.
B. The commission may prescribe such agency disclosure forms or pamphlets as it deems necessary for the enforcement of this Section.
Acts 1991, No. 354, §1, eff. Jan. 1, 1992; Acts 1997, No. 32, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1468. Psychologically impacted property

RS 37:1468 - Psychologically impacted property
A. The fact or suspicion that a property might be or is psychologically impacted, such impact being the result of facts or suspicions, including but not limited to:
(1) That an occupant of real property is, or was at any time suspected to be, infected, or has been infected with Human Immuno-deficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(2) That the property was, or was at any time suspected to have been, the site of a homicide, or other felony, or a suicide;
is not a material fact or material defect regarding the condition of real estate that must be disclosed in a real estate transaction.
B. No cause of action shall arise against an owner of real estate or his or her agent for the failure to disclose to the transferee that the transferred property was psychologically impacted as defined in Subsection A.
Acts 1991, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1469. Offender notification

RS 37:1469 - Offender notification
A. Every written lease or rental agreement executed by any licensee for residential immovable property and every written contract for sale of residential immovable property shall contain a notice of the availability to the public of access to a statewide database disclosing the locations of individuals required to register pursuant to R.S. 15:540 et seq. The notice shall include the telephone number and Internet site for the statewide database.
B. Upon delivery of the notice to the lessee or transferee of the residential immovable property, the lessor, seller, broker, or licensee is not required to provide any information in addition to that contained in the notice regarding the proximity of registered sex offenders. The information in the notice shall be deemed to be adequate to inform the lessee or transferee about the existence of a statewide database of the locations of registered sex offenders and information from the database regarding those locations. The information in the notice shall not give rise to any cause of action against the disclosing party by a registered sex offender or other parties to the transaction.
C. This Section shall apply only to written agreements and contracts that are entered into by the parties on or after January 1, 2002.
Acts 2001, No. 178, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1470. Mold informational pamphlet; liability of licensees

RS 37:1470 - Mold informational pamphlet; liability of licensees
A.(1) By April 1, 2004, the commission shall, by rule, in accordance with the Administrative Procedure Act, approve a mold informational pamphlet, which may be distributed to buyers by licensees in connection with any real estate transaction entered into on or after July 1, 2004.
(2) If the licensee delivers the mold informational pamphlet to the buyer, he shall do so at or before the time a lease, rental agreement, or contract for sale is entered into by the parties.
B. If the licensee delivers the mold informational pamphlet to the buyer, the licensee is not required to provide any additional information concerning mold. The information contained in the mold informational pamphlet shall be deemed to be adequate to inform the buyer regarding common mold-related hazards that can affect real property.
C. The licensee shall not be held liable for any error, inaccuracy, or omission of any information contained in the mold informational pamphlet delivered pursuant to this Section, if either of the following applies:
(1) The error, inaccuracy, or omission was not within the personal knowledge of the licensee.
(2) The error, inaccuracy, or omission was based on information provided to the licensee by the commission, a public agency, or by other persons providing relevant information by delivery of a report or opinion prepared by an expert dealing with matters within the relevant scope of his professional license, and ordinary care was exercised by the licensee in obtaining and transmitting such information.
D. Nothing in this Section shall alter or affect the existing disclosure duties of any party to a real estate transaction, or their agents, including but not limited to the duty of a licensee to disclose any known material defect regarding the condition of the property.
Acts 2003, No. 1123, §1, eff. July 2, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1472. Purpose; legislative findings

RS 37:1472 - Purpose; legislative findings
The legislature hereby declares that it is in the best interest of the citizens of the state to require the licensure and regulation of home inspectors. The purpose of this Chapter is to require qualifying criteria in a professional field in which unqualified individuals may injure or mislead the public. The provisions of this Chapter shall contribute to the safety, health, and welfare of the people of this state.
Acts 1999, No. 61, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1473. Definitions

RS 37:1473 - Definitions
As used in this Chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:
(1) "Applicant" means a person who seeks to be examined for licensure by the board.
(2) "Board" means the Louisiana State Board of Home Inspectors.
(3) "Component" means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a component.
(4) "Home inspection" means a written evaluation of two or more of the following component systems of a resale residential building:
(a) Electrical system.
(b) Exterior system.
(c) Insulation/ventilation system.
(d) Heating and cooling systems.
(e) Plumbing system.
(f) Roofing system.
(g) Structural system.
(h) Appliance system.
(i) Interior system.
(j) Any other related residential housing system as defined in the standards of practice prescribed by the board.
(5) "Home inspector" means any person who, in accordance with the provisions of this Chapter, holds himself out as a home inspector to the general public or engages in the business of performing home inspections on resale residential buildings for compensation and who examines any component of a building, through visual means and through normal user controls, without the use of mathematical sciences.
(6) "Licensee" means any person who has been issued a license by the board in accordance with the provisions of this Chapter.
(7) "Residential resale building" means a structure intended to be or that is used as a residence and consists of four or less living units, excluding commercial use space or units, and is not for sale for the first time.
(8) "System" means a combination of interactive or interdependent components assembled to carry out one or more functions.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §1; Acts 2017, No. 328, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1475. Powers and duties of the board

RS 37:1475 - Powers and duties of the board
The board shall:
(1) Elect a chairman and a vice chairman, each to serve a term of one year, who may be reelected for subsequent terms.
(2) Employ a secretary-treasurer who shall serve as the chief operating officer of the board, who shall serve at the pleasure of the board, and who shall employ such other staff as approved by the board.
(3) Hold quarterly meetings each year, provided special meetings may be held at such time and place as specified or called by the chairman. The secretary-treasurer shall provide written notice of all meetings to the members of the board and to the interested public.
(4) Adopt rules and regulations, in accordance with the Administrative Procedure Act, as the board deems necessary to administer and implement the provisions of this Chapter or to govern the practice of home inspectors in the state.
(5) Issue, suspend, modify, or revoke licenses to practice as a home inspector in the state.
(6) Report to the attorney general all persons who violate the provisions of this Chapter.
(7) Maintain an up-to-date list of licensed home inspectors.
(8) Adopt and approve a licensing examination, which may be administered by a nationally accepted testing service as determined by the board.
(9) Adopt an official seal.
(10) Adopt minimum standards of practice for home inspectors.
(11) Have the authority to impose fines.
(12) Adopt rules and regulations governing the manner and conditions under which credit shall be given by the board for participation in continuing professional education as the board may consider necessary.
(13) Authorize any affidavit necessary for the issuance of any injunction or other legal process authorized under this Chapter or under the rules and regulations of the board.
(14) Issue subpoenas to require attendance and testimony or the production of documents for the purpose of enforcing the provisions of this Chapter and the rules and regulations adopted pursuant to this Chapter and securing evidence of violations.
(15) Have the authority to incur debt.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1476. Licensing required

RS 37:1476 - Licensing required
A. Beginning January 1, 2001, no person shall engage in or conduct, or advertise or hold himself out as engaging in or conducting the business of, or acting in the capacity of a home inspector within the state without first obtaining a license as provided for in this Chapter, unless as exempted in R.S. 37:1483.
B. However, on January 1, 2000, any person who has been actively engaged in the business of conducting home inspections for at least one year may apply to the board for initial licensure without meeting the examination or instruction requirements.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1477. Qualifications for licensure; application; fees

RS 37:1477 - Qualifications for licensure; application; fees
A. The board shall, by rule, establish minimum qualifications for licensing. Applications for licenses and for renewal licenses shall be made in writing to the board on forms provided by the board.
B. The board may charge and collect fees not in excess of the following:
(1) Application for license $200.00
(2) License renewal $100.00
(3) Delinquent renewal $100.00
(4) Initial qualifying/continuing education provider $200.00
(5) Annual renewal for education provider $200.00
(6) Filing for additional course offerings $50.00
(7) Inspection report $5.00
(8) Credit card service fees not to exceed the amount charged to the board by the financial institution.
C. An applicant for licensure as a home inspector shall meet the following requirements:
(1) Attainment of eighteen years of age.
(2) Successful completion of high school or its equivalent.
(3) Passage of the required examination.
(4) Payment of the appropriate fees.
(5) Submission of a license application as prescribed by the board.
(6) Submission of a criminal background request form to the office of state police.
D. Beginning July 1, 2001, any person filing an initial application for licensure shall present evidence to the board that he has satisfactorily completed at least one hundred twenty hours of instruction. At least thirty, but not more than forty, of the required hours shall be obtained in course work containing actual practical home inspections. The remainder of the instruction must be classroom hours in home inspection classwork approved by the board. Satisfactory completion includes attendance of specified hours and passage of an examination on course contents.
Acts 1999, No. 61, §2; Acts 2017, No. 328, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1478. Written reports; solicitation prohibited

RS 37:1478 - Written reports; solicitation prohibited
A.(1) A licensed home inspector shall provide a written report of the home inspection to each person for whom the inspector performs a home inspection for compensation within five calendar days from the date of the inspection.
(2) A licensed home inspector shall include in his written report of the home inspection the presence of suspected mold growth if during the course of inspecting the systems and components of the structure, in accordance with the provisions of this Chapter and board rules and regulations, the licensed home inspector discovers visually observable evidence of suspected mold growth on the inside of the structure.
B. For a period of one year following the date of a home inspection, neither the home inspector nor any company or firm with which the home inspector is an employee, owner, or independent contractor shall solicit to repair, replace, or upgrade or repair, replace, or upgrade for compensation any system or component of the home that the home inspector noted in the home inspection report as deficient, in need of repair or replacement, or unsafe.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §1; Acts 2014, No. 572, §1; Acts 2023, No. 338, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1479. License issuance and renewal; appearance on documents

RS 37:1479 - License issuance and renewal; appearance on documents
A. Licenses shall be issued for a period of one year and shall expire on the last day of the month of issuance in the preceding year. Licenses which are not timely renewed shall be considered to be expired, and any home inspections performed after expiration of the license shall be deemed a violation of this Chapter.
B. Any licensee who fails to timely renew his license may thereafter renew by paying the appropriate renewal and delinquent fees, filing a renewal application, and completing all continuing education requirements accruing during the period of delinquency. The period for delinquent renewal of an expired license shall be limited to the twelve-month period immediately following the expiration date of the active license. Failure to renew an expired license during such twelve-month period shall require the licensee to pass the board approved licensing examination in addition to paying the appropriate renewal and delinquent fees, filing a renewal application, and completing all continuing education requirements accruing during the period of delinquency. Failure to renew an expired license within the thirty-six-month period immediately following the expiration date of the active license shall, in addition to the above requirements, require the licensee to retake and pass ninety hours of classroom education as set forth in the rules and regulations of the board and to take a standards of practice and code of ethics report writing seminar offered by the board or an education provider approved by the board.
C. Licenses shall be in a form prescribed by the board.
D. The term "licensed home inspector" or "L.H.I." along with the license number of the inspector, shall appear on all advertising, correspondence, reports, and documents incidental to a home inspection.
Acts 1999, No. 61, §2; Acts 2008, No. 130, §1; Acts 2010, No. 751, §1; Acts 2017, No. 328, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1480. Continuing education requirements

RS 37:1480 - Continuing education requirements
A. As a condition of renewal of a license, a licensed home inspector shall present satisfactory evidence to the board of having completed the continuing education requirements provided for in this Section.
B. Each applicant for renewal of a license shall annually complete at least twenty hours of instruction in courses approved by the board.
C. An applicant for renewal of a license may satisfy all or part of the continuing education requirements provided for in Subsection B of this Section by presenting satisfactory evidence to the board of participation, other than as a student, in educational processes and programs in home inspection practices or techniques including but not limited to teaching, program development, and preparation of textbooks, monographs, articles, or other instructional material subject to approval of the board.
Acts 1999, No. 61, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1481. Insurance requirements

RS 37:1481 - Insurance requirements
A.(1) All active practicing licensed home inspectors shall carry errors and omissions insurance to cover all activities contemplated under this Chapter.
(2) The board shall establish the terms and conditions of errors and omissions insurance coverage, including but not limited to the permissible deductible, limits of liability, and permissible exclusions. Such terms and conditions shall be established by rule in accordance with the Administrative Procedure Act.
(3) Each licensee shall file with the board a certificate of coverage showing compliance with the required terms and conditions of coverage by the annual license renewal date.
B. In addition to general errors and omissions insurance, all active licensees shall carry general liability insurance to cover all activities contemplated under this Chapter.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §1; Acts 2017, No. 328, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1482. Home inspectors as corporations prohibited

RS 37:1482 - Home inspectors as corporations prohibited
No license as a home inspector shall be issued to a corporation, limited liability company, partnership, firm, or group. However, this Section shall not preclude a licensed home inspector from rendering home inspections for or on behalf of a corporation, limited liability company, partnership, firm, or group, provided that the home inspection report is performed by, is prepared by, and is signed by a licensed home inspector.
Acts 1999, No. 61, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1483. Exemptions from licensure

RS 37:1483 - Exemptions from licensure
The following persons shall be exempt from the licensing requirements of R.S. 37:1476:
(1) Persons licensed by the state as professional engineers when acting within the scope of their license.
(2) Persons licensed by the state as architects when acting within the scope of their license.
(3) Persons licensed by the state or any political subdivision as electricians when acting within the scope of their license.
(4) Persons licensed by the state or any political subdivision as plumbers when acting within the scope of their license.
(5) Persons licensed by the state or any political subdivision as heating and air conditioning technicians when acting within the scope of their license.
(6) Persons licensed by the state as real estate brokers or real estate sales persons when acting within the scope of their license.
(7) Persons licensed by the state as real estate appraisers, certified general appraisers, or residential real estate appraisers when acting within the scope of their license.
(8) Persons licensed by the state as pest control operators when acting within the scope of their license.
(9) Persons regulated by the state as insurance adjusters when acting within the scope of their profession.
(10) Persons who are employed as code enforcement officials by the state or any political subdivision when acting within the scope of their employment by such governmental entity.
(11) Persons licensed by the state or any political subdivision as contractors when acting within the scope of their license.
(12) Persons who perform warranty evaluations of components, systems, or appliances within resale residential buildings for the purpose of issuance of a home warranty agreement, provided that the warranty evaluation report includes a statement that the warranty evaluation performed is not a home inspection and does not meet the standards of a home inspection under Louisiana law. No home warranty company shall refer to a warranty evaluation as a home inspection in any written materials provided by the home warranty company.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §1; Acts 2004, No. 437, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1485. Prohibited acts; penalties

RS 37:1485 - Prohibited acts; penalties
A. The board may suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause shown which shall include but not be limited to the following:
(1) Conviction of a felony or the entering of a plea of guilty or nolo contendere to a felony charge under the laws of the United States or any other state.
(2) Deceit or misrepresentation in obtaining a license.
(3) Providing false testimony before the board.
(4) Efforts to deceive or defraud the public.
(5) Professional incompetence or gross negligence.
(6) Rendering, submitting, subscribing, or verifying false, deceptive, misleading, or unfounded opinions or reports.
(7) Violating any rule or regulation adopted by the board or any provision of this Chapter.
(8) Aiding or abetting a person to evade the provisions of this Chapter or knowingly combining or conspiring with an unlicensed person with the intent to evade the provisions of this Chapter.
(9) Violating any standard of conduct adopted by the board.
(10), (11) Repealed by Acts 2003, No. 568, §2.
B. The board may fine any applicant, any other person holding himself out as a home inspector, or any member of the public for good cause shown, which shall include but not be limited to the following:
(1) Aiding or abetting a person to evade the provisions of this Chapter or knowingly combining or conspiring with an unlicensed person with the intent to evade the provisions of this Chapter.
(2) Engaging in conduct or advertising or holding oneself out as engaging in or conducting the business or acting in the capacity of a home inspector without possessing a valid license.
(3) Falsely representing oneself as being the holder of a valid license by using the title "licensed home inspector" or any title, designation, or abbreviation deceptively similar or likely to create the impression that such person is licensed.
C. Violators of any of the provisions of this Section may be fined by the board in an amount not to exceed one thousand dollars per each separate violation.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §§1 and 2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1486. Revocation or suspension; payment of costs of proceedings

RS 37:1486 - Revocation or suspension; payment of costs of proceedings
A. Revocation of a license as a result of disciplinary action by the board may prohibit the reissuance of a license to such licensee for a period of up to one year from the date of revocation. The license of an applicant whose license has been revoked may be reissued by the board upon the successful completion by the applicant of the required examination and upon the presentment of evidence of completion of twenty hours of continuing education as prescribed by the board.
B. The board, as a probationary condition or as a condition of a revocation or suspension, may require a licensee to pay all costs of the board proceedings, including but not limited to investigators', stenographers', and attorney fees, and costs.
Acts 1999, No. 61, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1487. Penalties

RS 37:1487 - Penalties
Whoever willfully violates any of the provisions of this Chapter or any rule or regulation adopted pursuant to this Chapter may be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
Acts 1999, No. 61, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1488. Cease and desist orders; injunctive relief

RS 37:1488 - Cease and desist orders; injunctive relief
A. In addition to or in lieu of the criminal penalties and administrative sanctions provided for in this Chapter, the board may issue an order to any person engaged in any activity, conduct, or practice constituting a violation of any provision of this Chapter or any rule or regulation adopted pursuant to this Chapter directing such person to cease and desist from such activity, conduct, or practice. Such order shall be issued in the name of the state under the official seal of the board.
B. If the person to whom the board directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice within two days of service of such order by certified mail, the board may seek a writ of injunction in any court of competent jurisdiction and proper venue enjoining such person from engaging in the activity, conduct, or practice.
C. Upon proper showing of the board that such person or firm has engaged in any activity, conduct, or practice prohibited by this Chapter, the court shall issue a temporary restraining order restraining the person or firm from engaging in the unlawful activity, conduct, or practice, pending hearing on a preliminary injunction. A permanent injunction shall issue after hearing commanding the cessation of the unlawful activity, conduct, or practice complained of, all without the necessity of the board having to give bond as usually required in such cases. A temporary restraining order, preliminary injunction, or permanent injunction issued enjoining such person or firm shall not be subject to being released upon bond.
Acts 1999, No. 61, §2; Acts 2003, No. 568, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1489. Louisiana State Board of Home Inspectors funds

RS 37:1489 - Louisiana State Board of Home Inspectors funds
A. All fees received by the board under this Chapter and all monies otherwise received by the board shall be paid to the board through the secretary-treasurer. Disbursements made by the board shall be signed by the chairman and the secretary-treasurer. In absence of the chairman or the secretary-treasurer, the vice chairman may sign all documents with the remaining authorized signatory.
B. All fees and monies received by the board shall be used solely to effectuate the provisions of this Chapter including but not limited to expenditures necessary for office fixtures, equipment and supplies, and all other expenses necessary to conduct the business of the board.
Acts 1999, No. 61, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1490. Home inspection and professional services as a real estate licensee prohibited in the same transaction

RS 37:1490 - Home inspection and professional services as a real estate licensee prohibited in the same transaction
No person licensed pursuant to the Louisiana Home Inspectors Licensing Law, R.S. 37:1471 et seq., shall engage in or be financially compensated for any home inspection in a transaction in which that person received a fee, commission, or other valuable consideration while acting as a licensee under the Louisiana Real Estate License Law, R.S. 37:1430 et seq., in connection with the same transaction.
Acts 2010, No. 195, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1511. Legislative intent

RS 37:1511 - Legislative intent
This Chapter is an exercise of the police powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine. It is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this Chapter.
Acts 1966, No. 35, §1, eff. July 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1513. Definitions

RS 37:1513 - Definitions
When used in this Chapter these words and phrases shall be defined as follows:
(1) "Animal" means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead.
(2) "Board" means the Louisiana Board of Veterinary Medicine.
(3) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state.
(4) "Person" means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person.
(5) "Practice of veterinary medicine" means:
(a) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drug, medicine, biologic apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the above.
(b) To represent, directly or indirectly, publicly or privately an ability and willingness to do any act described in Subparagraph (a) of this Paragraph.
(c) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in Subparagraph (a) of this Paragraph, except where such person is a veterinarian.
(6) "School of veterinary medicine" means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board.
(7) "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine.
(8) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
Acts 1966, No. 35, §1, eff. July 1, 1967; Acts 2018, No. 206, §7.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1514. License requirement and exceptions

RS 37:1514 - License requirement and exceptions
No person shall practice veterinary medicine in the state who is not a licensed veterinarian or the holder of a valid temporary permit issued by the board. This Chapter shall not be construed to prohibit:
(1) An employee of the federal, state, or local government performing his official duties.
(2) A person who is a regular student in a veterinary school performing duties or actions assigned by his instructors, or working under the direct supervision of a licensed veterinarian during a school vacation period.
(3) A person advising with respect to or performing acts that the board by rule has prescribed as accepted livestock management practices. The following are hereby declared to be accepted livestock management practices and shall not require a license:
(a) The collection of semen for quality evaluation of male equine or bovine species conducted for the purpose of processing or freezing of semen for use in artificial insemination.
(b) The nonsurgical impregnation of farm animals with frozen embryos.
(c) The practice of artificial insemination of farm animals.
(d) The teaching in schools and short courses of artificial insemination techniques and pregnancy diagnosis by qualified employees of the National Association of Animal Breeder's Certified Semen Service Program.
(4) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state.
(5) Any merchant or manufacturer selling, at his regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases.
(6) The owner of an animal and the owner's full-time regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this Chapter.
(7) A member of the faculty of a veterinary school performing his regular functions, or a person lecturing, or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar.
(8) Any person selling or applying any pesticide, insecticide, or herbicide.
(9) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals.
(10) Registered equine dentists, as provided by Chapter 18-C of this Title, from performing duties authorized by the Louisiana Board of Veterinary Medicine.
Acts 1966, No. 35, §1, eff. July 1, 1967. Acts 1984, No. 548, §1; Acts 1999, No. 980, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1516. Election of officers; duties

RS 37:1516 - Election of officers; duties
A. At its annual meeting the board shall organize by electing a president, a secretary-treasurer, and such other officers as it may deem necessary, such officers of the board to serve for terms of one year each or until a successor is elected, without limitation on the number of terms an officer may serve. The president shall serve as chairman of the board and shall preside over all meetings.
B. The duties of the secretary-treasurer shall include carrying on the correspondence of the board, keeping permanent accounts and records of all receipts and disbursements by the board and of all board proceedings, including the disposition of all applications for license, and keeping a register of all persons currently licensed by the board. All board records shall be open to public inspection during regular office hours.
C. At the end of each fiscal year the president and secretary-treasurer shall submit to the governor a report on the transactions of the board, including an account of monies received and disbursed.
Acts 1966, No. 35, §1, eff. July 1, 1967; Acts 1995, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1517. Revenues; deposit to Board of Veterinary Medicine Fund

RS 37:1517 - Revenues; deposit to Board of Veterinary Medicine Fund
In accordance with Article VII, Section 9 of the Constitution of Louisiana, all revenues received by the board shall be accepted by the executive director and deposited into an account maintained by the board at a financial institution of its choosing for the purposes of administering this Chapter. All expenses of the board shall be paid from this account by legal instrument signed by the president, secretary-treasurer, or executive director of the board, and no part of the state's general fund shall be expended for this purpose. This account shall be a continuing account and shall not be subject to reversion to the state general fund, except to the extent that the balance in the account at the close of any fiscal year exceeds the current budget of the board by two hundred percent, in which case the excess shall be transferred to and become a part of the state general fund.
Acts 1966, No. 35, §1, eff. July 1, 1967; Acts 1995, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1519. Status of persons previously licensed

RS 37:1519 - Status of persons previously licensed
Any person holding a valid license to practice veterinary medicine in this state on July 1, 1967 shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he complies with the pertinent provisions of this Chapter, including annual renewal of the license.
Acts 1966, No. 35, §1, eff. July 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1520. Application for license; qualifications

RS 37:1520 - Application for license; qualifications
A. Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The applicant shall be at least twenty-one years of age, a graduate of a veterinary school, and a person of good moral character. The application shall contain this information and such other information and proof as the board may require by rule. The application shall be accompanied by a fee in the amount established and published by the board, as provided herein.
B. If the board determines that the applicant possesses the proper qualifications, it shall admit the applicant to the next examination, or if the applicant is eligible for a license without examination under R.S. 37:1522, the board may proceed to grant him a license. If an applicant is found not qualified to take the examination or for a license without examination, the executive director of the board shall notify the applicant immediately in writing of such finding and the reasons therefor. An applicant found unqualified may require a hearing on the question of his qualification under the provisions of R.S. 37:1518(5). Any applicant who is found not qualified shall have his application fee refunded by the board less a reasonable fee to cover the cost of processing the application. The board may continue to determine and investigate the applicant's qualifications even if the applicant has been admitted to the next examination. In the event an applicant is found unqualified after being admitted to the next examination, the procedure provided above for notification, hearing, and refunding of fee shall apply.
C. Repealed by Acts 1987, No. 922, §2.
Acts 1966, No. 35, §1, eff. July 1, 1967. Amended by Acts 1978, No. 68, §1; Acts 1985, No. 315, §1; Acts 1986, No. 856, §1; Acts 1987, No. 922, §2; Acts 1995, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1521. Examinations

RS 37:1521 - Examinations
A. The board shall hold at least one examination during each year and may hold such additional examinations as it deems necessary. The executive director shall give public notice of the time and place and deadline for application for such examination at least one hundred and twenty days in advance of the date set for the examination. Any person desiring to take an examination shall make application by the deadline established and published by the board for each examination date.
B. The preparation, administration, and grading of examinations shall be governed by rules prescribed by the board. Examinations shall be designed to test the examinee's knowledge of and proficiency in the subjects and techniques commonly taught in veterinary schools as well as knowledge of this Chapter and any rules promulgated by the board or by other regulatory agencies as required by rules prescribed by the board. To pass the examination, the examinee must demonstrate scientific, practical, and regulatory knowledge sufficient to prove himself a competent person to practice veterinary medicine in the judgment of the board. All examinees shall be tested by a written examination supplemented by such oral interviews and practical demonstrations as the board may deem necessary. The board may design or administer its own examination or it may adopt and use any and all examinations designed for the purpose of determining the fitness of a person to hold a license to practice veterinary medicine.
C. Within thirty days after each examination the executive director shall notify each examinee of the result of his examination. After compliance with the provisions of R.S. 37:1520, the board shall issue licenses to the persons successfully completing the examination. The executive director shall record the new licensees. Any person failing an examination shall be eligible to take any subsequent examination on payment of the application fee.
Acts 1966, No. 35, §1, eff. July 1, 1967; Acts 1985, No. 316, §1; Acts 1986, No. 856, §1; Acts 1995, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1522. License without examination

RS 37:1522 - License without examination
A. The board may issue a license without a written examination to a qualified applicant who furnishes satisfactory proof that he is a graduate of a veterinary school and who:
(1) Has been for the five years immediately prior to filing his application a practicing veterinarian licensed in a state, territory, or district of the United States having license requirements, at the time the applicant was first licensed, which were substantially equivalent to the requirements of this Chapter; or
(2) Has successfully completed within the five years immediately prior to filing this application, all national examinations required of first-time applicants in rules prescribed by the board.
B. At its discretion, the board may orally or practically examine any person qualifying for licensing under this Section.
Acts 1966, No. 35, §1, eff. July 1, 1967; Acts 1995, No. 73, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1523. Temporary permit

RS 37:1523 - Temporary permit
A. The board may issue without examination a temporary permit to practice veterinary medicine in this state as follows:
(1) To a qualified applicant for licensure, pending examination, provided such temporary permit shall expire the day after the notice of results of the first examination given after the permit is issued or as otherwise extended by the board. No temporary permit may be issued to any applicant who has previously failed the examination in this state or in any other state, territory, or district of the United States, or a foreign country.
(2) To a nonresident veterinarian validly licensed in another state, territory, or district of the United States or a foreign country who has applied for licensure pursuant to the provisions of R.S. 37:1520, provided that such temporary permit shall expire the day after the notice of results of the first examination given after the permit is issued or as otherwise extended by the board.
B. A temporary permit may be summarily revoked by a majority vote of the board without a hearing.
Acts 1966, No. 35, §1, eff. July 1, 1967. Acts 1986, No. 468, §1.