reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3356. Respiratory Care Advisory Committee; creation; duties

RS 37:3356 - Respiratory Care Advisory Committee; creation; duties
A.(1) The Respiratory Care Advisory Committee (committee) is hereby created and shall be composed of ten members appointed by the governor to assist the board in the administration of the provisions of this Chapter.
(2)(a) Six members of the committee shall be respiratory therapists licensed by the board to practice respiratory therapy in this state and selected from a list of names submitted by the Louisiana Society of Respiratory Therapy.
(b) Two members of the committee shall be physicians engaged in the practice of pulmonary or critical care medicine and selected from a list of names submitted by the Louisiana State Medical Society.
(c) One member of the committee shall be a hospital administrator selected from a list of names submitted by the Louisiana Hospital Association.
(d) One member of the committee shall be a citizen of Louisiana who is not employed in the delivery of health care.
B.(1) The nominating organizations shall submit their lists of nominees at the request of the governor.
(2) Members shall serve at the pleasure of the appointing governor. Each appointment by the governor shall be submitted for Senate confirmation.
C. A vacancy in an unexpired term shall be filled in the manner of original appointment.
D. A majority of the members of the committee shall elect a chairman.
E.(1) The committee shall meet no less than quarterly at a time and place to be determined by the chairman of the committee. A majority of the members of the committee shall constitute a quorum for the transaction of all business.
(2) The committee may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.3.
F. Each member shall receive a per diem of fifty dollars per day and be reimbursed for travel expenses incurred in attendance at meetings and other official business on behalf of the committee or the board. Such compensation shall be paid from funds derived from fees as provided in R.S. 37:3359.
G. The committee shall:
(1) Advise the board on issues affecting applicants for licensure and regulation of respiratory therapy in the state.
(2) Provide advice and recommendations to the board regarding the modification, amendment, and supplementation of rules, regulations, standards, policies, and procedures for respiratory therapy licensure and practice.
(3) Serve as liaison between and among the board, licensed respiratory therapists, and professional organizations.
(4) Review and advise the board on issues affecting requests for temporary licenses.
(5) Conduct audits on applications to ensure satisfactory completion of continuing education and competency as specified by the board's rules.
(6) Perform such other functions and provide such additional advice and recommendations as may be requested by the board.
Acts 1985, No. 408, §1; Acts 1989, No. 211, §1, eff. June 26, 1989; Acts 2007, No. 142, §2; Acts 2022, No. 408, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3357. Issuance and renewal of license

RS 37:3357 - Issuance and renewal of license
A. The board shall issue a respiratory therapist license to any person who meets the qualifications provided for in this Chapter and the rules and regulations of the board and who pays the respective license fees fixed by the board.
B. Any person who is issued a license as a respiratory therapist under the provisions of this Chapter may use the words "licensed respiratory therapist" or may use the letters "LRT" in connection with his name to denote licensure. A respiratory therapist licensed by the board, who is currently certified or registered by, and in good standing with, the National Board for Respiratory Care, may identify such credentials with his name by the title "licensed respiratory therapist-certified" or "licensed respiratory therapist-registered" or the letters "LRT-C" or "LRT-R".
C. A license issued under the provisions of this Chapter shall be subject to annual renewal and shall expire and become null and void unless renewed in the manner prescribed by the board.
Acts 1985, No. 408, §1; Acts 1989, No. 211, §1, eff. June 26, 1989; Acts 1995, No. 802, §1; Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3357.1. Continuing education requirement

RS 37:3357.1 - Continuing education requirement
A. Every applicant for license renewal shall have completed in the prior twelve months at least ten hours of continuing education courses that are approved by the board in consultation with the Respiratory Care Advisory Committee.
B. The board shall develop and maintain appropriate rules to reflect the annual continuing education requirement. The committee, at the direction of the board, shall further conduct regular audits to verify that applicants have fulfilled the continuing education requirement. Any applicant found to have submitted insufficient or false information relative to this requirement, within ninety days after being requested to do so, shall submit documentation verifying that he has fulfilled this requirement. The board shall suspend the license of any respiratory therapist who fails to provide such documentation within such time.
Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3357.2. Reinstatement of license

RS 37:3357.2 - Reinstatement of license
A license that has expired without renewal may be reinstated by the board, provided the applicant is otherwise eligible under the provisions of this Chapter, pays the applicable fees, and satisfies the continuing education requirement and such other requirements as may be established by the board.
Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3357.3. Temporary license

RS 37:3357.3 - Temporary license
A. The board may issue a six-month temporary license as a respiratory therapist to persons who have completed a respiratory therapy education program, applied for and are awaiting examination with the National Board for Respiratory Care, and filed an application for licensure with the board. A temporary license shall expire and become null and void upon the earlier of:
(1) The date on which the board acts on the application following notification of the successful completion of the examination; or
(2) Six months from the date of issuance.
B. A temporary license shall not be renewable and may be restricted or limited by the board. Exceptions may be made at the discretion of the board based upon an appeal identifying extenuating circumstances.
Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3357.4. Work permit

RS 37:3357.4 - Work permit
A. The board may grant a work permit to practice respiratory therapy, effective for a period of sixty days, to either of the following:
(1) An applicant currently credentialed by the National Board of Respiratory Care who has filed an application for licensure with the board.
(2) A graduate of a respiratory therapy educational program who has applied for and is awaiting examination by the National Board of Respiratory Care and who has filed an application for licensure with the board.
B. A work permit may not be renewed.
Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3359. Fees

RS 37:3359 - Fees
The board, under its authority established in R.S. 37:1281, shall fix fees for the purpose of administering the provisions of this Chapter in a manner established by its rules.
Acts 1985, No. 408, §1; Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3360. False representation of licensure prohibited

RS 37:3360 - False representation of licensure prohibited
A. Any person who is not licensed under the provisions of this Chapter or whose license has been suspended or revoked shall not engage in the practice of respiratory therapy in this state or use in connection with his name the words "licensed respiratory therapist", the letters "LRT", or any other words, letters, abbreviation, or insignia indicating in any way, directly or by implication, that he is a licensed respiratory therapist.
B. Whoever violates the provisions of this Chapter shall be fined not more than one thousand dollars or be imprisoned for not more than six months, or both.
Acts 1985, No. 408, §1; Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3361. Persons and practices not affected

RS 37:3361 - Persons and practices not affected
Nothing in this Chapter shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed.
(2) Any person employed as a respiratory therapist by the United States government if such person provides respiratory therapy solely under the direction or control of the United States governmental organization by which he is employed.
(3) Any student pursuing a course of study in an approved respiratory therapy education program, provided that such respiratory therapy practices, activities, and services are necessary to meet the requirements of the program. Any such student shall be referred to as a "student respiratory therapist" and shall use the letters "SRT" during clinical training to denote his status as a student or trainee.
(4) Any person not licensed as a respiratory therapist who may be employed in a pulmonary testing laboratory or physician's office, provided such practice is confined to that laboratory or office under the direction and immediate supervision of a licensed physician.
Acts 1985, No. 408, §1; Acts 1989, No. 211, §1, eff. June 26, 1989; Acts 2007, No. 142, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3387.4. Addiction treatment assistant

RS 37:3387.4 - Addiction treatment assistant
A. An addiction treatment assistant is a paraprofessional who serves in a supportive role within the therapeutic process. The addiction treatment assistant shall work under the direct supervision of a licensed, certified, or registered counselor in a manner prescribed by the board.
B. The board shall adopt and promulgate rules which govern addiction treatment assistants in accordance with the provisions of this Chapter.
C. Any person seeking to be recognized by the board as an addiction treatment assistant shall submit an application to the board on a form and in a manner as the board shall prescribe. The initial application form shall be accompanied by an initial application fee as provided for in this Chapter.
D. Upon investigation of the application, the board shall, within thirty days, notify each candidate that the application is satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reason for such rejection.
E. The board shall recognize as an addiction treatment assistant each candidate who:
(1) Is a legal resident of the United States and at least sixteen years of age on the date the application is received.
(2) Is not in violation of any ethical standards subscribed to by the board.
(3) Is not and has not been a substance abuser or compulsive gambler during the previous six months from the date the application is received.
(4) Has not been convicted of, or entered a plea of guilty or a plea of nolo contendere to, a felony. However, the board may, in its discretion, waive this requirement upon review of the individual‛s circumstances. Each candidate, or at least one parent or legal guardian of a candidate in the case of an unemancipated minor, shall sign a form prescribed by the board authorizing the board to obtain a criminal history or to conduct a criminal background check.
(5) Signs a form of professional and ethical accountability and responsibility as prescribed by the board.
(6) Provides three letters of recommendation as prescribed by the board.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3387.14. Certified prevention supervisor

RS 37:3387.14 - Certified prevention supervisor
A. The legislature finds that prevention is an effective and necessary component in the continuum of addictive disorder treatment and services. In order to better provide for the health and welfare of the citizens of this state, the legislature desires to enhance the profession of prevention by providing for a qualified workforce in sufficient numbers to meet the needs of Louisiana and to contribute to the development of healthy communities within the state. The legislature finds prevention supervision to be essential for the ongoing development of a qualified workforce sufficient to meet the present and anticipated public health needs of the state.
B. The board shall adopt and promulgate rules which shall provide for the certification of prevention supervisors in accordance with the provisions of this Chapter.
C. Any person seeking to be recognized by the board as a certified prevention supervisor shall submit an application on a form and in a manner prescribed by the board. The application shall be accompanied by a fee of not less than one hundred dollars nor more than three hundred dollars. The fee for renewal shall be not less than one hundred dollars nor more than three hundred dollars.
D. Upon investigation of the application, the board shall, within thirty days, notify each candidate that the application is satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reason for such rejection.
E. The board shall recognize as a certified prevention supervisor each candidate who:
(1) Holds a valid and current credential as a licensed or certified prevention professional.
(2) Is not in violation of any ethical standards subscribed to by the board.
(3) Does not have any pending disciplinary action with the board.
(4) Is not a defendant in any pending felony criminal proceedings.
(5) Has not been convicted of or entered a plea of guilty or a plea of nolo contendere to a felony. However, the board may, in its discretion, waive this requirement upon review of the individual's circumstances. Each candidate shall provide a certified criminal history.
(6) Satisfies such other requirements as the board may establish, including but not limited to receiving specialized training, obtaining specialized experience, and passing an examination. In the event the board requires an examination, the fee for administering the examination shall be in an amount sufficient to cover the cost of administering the examination, but shall not be less than fifty dollars nor more than two hundred dollars.
Acts 2006, No. 427, §2; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3388. License, certification, registration renewal

RS 37:3388 - License, certification, registration renewal
A. Each licensed, certified, and registered addiction counselor shall renew his credentials every two years.
B. Within the two-year period provided for in Subsection A of this Section, each licensed, certified, and registered addiction counselor shall provide to the board documentation of successfully completing forty-eight board-approved continuing educational hours.
C. The documentation required by Subsection B of this Section shall be provided on a form and in a manner prescribed by the board.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3388.1. Counselor-in-training renewal

RS 37:3388.1 - Counselor-in-training renewal
A. Each counselor-in-training may renew his status every twelve months. Each renewal shall be for a twelve-month period.
B. Within the twelve-month period provided for in Subsection A of this Section, each counselor-in-training shall provide to the board documentation of successfully completing a minimum of twenty board-approved continuing educational hours or documentation that the counselor-in-training has been actively engaged in pursuing a degree from an accredited institution of higher learning in a human services or behavioral science discipline, or such other discipline or disciplines as the board may designate.
C. The documentation required by Subsection B of this Section shall be provided on a form and in a manner prescribed by the board.
D. Failure to renew his status shall not disqualify an individual from re-applying for counselor-in-training status.
E. Individuals who, prior to July 8, 2004, had never maintained counselor-in-training status and who, after July 8, 2004, make their initial application for, and are granted, counselor-in-training status, shall be allowed to maintain the counselor-in-training status for an aggregate period not to exceed seventy-two months.
F. Individuals who, at any time prior to July 8, 2004, had maintained counselor-in-training status for an aggregate period equal to or less than sixty months, and who, after July 8, 2004, renew or re-apply for that status, shall be allowed to maintain the counselor-in-training status for an aggregate period not to exceed seventy-two months. In calculating the seventy-two month aggregate period provided for herein, the time in status prior to July 8, 2004, shall be included.
G. Individuals who, at any time prior to July 8, 2004, had maintained counselor-in-training status for an aggregate period in excess of sixty months, shall be allowed to renew or re-apply for counselor-in-training status for an additional twelve-month period.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3388.2. Clinical supervision, prevention supervision, and compulsive gambling counselor certification renewal

RS 37:3388.2 - Clinical supervision, prevention supervision, and compulsive gambling counselor certification renewal
A. The certification for clinical supervision, prevention supervision, and compulsive gambling counselor shall be renewed every twenty-four months.
B. Within the twenty-four-month period provided for in Subsection A of this Section, each clinical supervisor, prevention supervisor, and compulsive gambling counselor shall provide to the board documentation of successfully completing a minimum of eight board-approved continuing educational hours for each certificate being renewed. Such hours shall be directly related to the area of certification.
C. The documentation required by Subsection B of this Section shall be provided on a form and in a manner prescribed by the board.
D. The board may prescribe such other requirements for clinical supervision, prevention supervision, and compulsive gambling counselor certification renewal as may be appropriate for the protection of the public or the enhancement of professional services provided under the authority of this Chapter.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2006, No. 427, §2; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3388.3. Applicability

§§3388.3. Applicability
A. It is the intent of the legislature that there be a single authority issuing credentials for addictive disorder counseling and prevention professionals in Louisiana. The authority for issuing and recognizing credentials for professionals engaged in the providing of counseling and prevention services for those who suffer from addictive disorders shall be the Addictive Disorder Regulatory Authority.
B. Repealed by Acts 2020, No. 328, §3.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2020, No. 328, §§2, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3390. Prohibited practice; injunctive relief

RS 37:3390 - Prohibited practice; injunctive relief
A. No one may hold himself out as having a credential or status authorized by the provisions of this Chapter who is not so recognized by the board.
B. The credential or status of anyone who fails to timely renew a status or credential authorized by this Chapter shall be deemed suspended unless and until renewed or reinstated as provided for by the board. Any person whose status or credential is suspended shall be prohibited from exercising the scope of practice provided for in this Chapter relative to the suspended credential or status.
C. The board may cause an injunction to be issued in any court of competent jurisdiction enjoining any person from violating the provisions of this Chapter. Failure of the board to seek an injunction shall not constitute a waiver nor confer upon any person violating the provisions of this Chapter a right to engage in such conduct.
D. In any suit for injunction, the board may impose on the defendant a penalty of not less than one hundred dollars nor more than one thousand dollars and attorney fees and court costs. The judgment for penalty, attorney fees, and costs may be rendered in the same judgment in which the injunction is made absolute.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3390.1. Persons and practices not affected

RS 37:3390.1 - Persons and practices not affected
A. Nothing in this Chapter shall be construed as preventing or restricting practice, services, or activities of any person licensed or certified in this state, by any other law, from engaging in the profession or occupation for which he is licensed or certified.
B. Nothing in this Chapter shall be construed as prohibiting other licensed professionals, including members of the clergy and Christian Science practitioners, from the delivery of medical, psychotherapeutic, counseling, social work, psychological, or educational services to substance abusers and their families.
C. Nothing in this Chapter shall be construed as prohibiting the activities of any person recognized as a counselor or prevention specialist-in-training by the board, and employed or supervised in the manner prescribed by the board, from carrying out specific tasks under professional supervision. The person supervised shall not represent himself to the public as having any credential or status which the board does not recognize him as having.
D. Nothing in this Chapter shall be construed as prohibiting the activities of any student in an accredited educational institution from carrying out activities that are part of the prescribed course of study, provided such activities are authorized by this Chapter or by the board. 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.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3390.2. Reciprocity; other states

RS 37:3390.2 - Reciprocity; other states
The board may recognize, grant, or issue any credential or status authorized by this Chapter, and without examination in this state, to any applicant holding a valid credential or status recognized or issued in another state, provided the board determines that the credential or status in question is based upon an examination or other requirements substantially equivalent to the requirements of this Chapter and such other requirements as may be prescribed by the board in accordance with the provisions of this Chapter. The board shall have the authority to determine which status or credential, and corresponding scope of practice, authorized by this Chapter should be allowed to an individual seeking reciprocity.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2018, No. 206, §3; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3390.4. Confidentiality

RS 37:3390.4 - Confidentiality
No person holding a credential or status recognized by the board and authorized by this Chapter may disclose any information he may have acquired from persons consulting him in his professional capacity where the information was necessary to enable him to render services to those persons except:
(1) With the written consent of the client, or in the case of death or disability, with the written consent of his personal representative, other persons authorized to sue, or the beneficiary of any insurance policy on his life, health, or physical condition.
(2) When the person is a minor under the age of eighteen and the information acquired indicates that the child was the victim or subject of a crime, then, the person having received the information may be required to testify fully in relation thereto upon any examination, trial, or other proceeding in which the commission of such crime is a subject of inquiry, unless otherwise prohibited by law.
(3) When the person is a minor under the age of eighteen and the information acquired shall be disclosed pursuant to any law which mandates the reporting of certain information relative to minors and the persons or agencies to whom the information shall be disclosed.
(4) When, unless otherwise prohibited by law, a communication reveals the contemplation of a crime or harmful act.
(5) When the person waives the privilege by filing a complaint with the board or otherwise invokes the jurisdiction of the board.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2020, No. 328, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3390.5. Penalties

RS 37:3390.5 - Penalties
Whoever violates any provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment for not more than six months, or both.
Acts 2004, No. 803, §3, eff. July 8, 2004.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3391. Short title

RS 37:3391 - Short title
This Chapter shall be known and may be cited as the "Louisiana Real Estate Appraisers Law".
Acts 1987, No. 472, §1; Acts 1995, No. 690, §2; Acts 2001, No. 833, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3395. Powers; duties

RS 37:3395 - Powers; duties
A. The board shall have the following autonomous powers and duties:
(1) To regulate the issuance of real estate appraiser registrations and licenses.
(2) To establish administrative procedures for processing applications and issuing registrations and licenses to real estate appraisers and trainees.
(3) To adopt any rules and regulations in accordance with the Administrative Procedure Act necessary for the enforcement of this Chapter.
(4) To require any satisfactory proof it may desire in reference to the honesty, truthfulness, reputation, knowledge, and experience of any applicant for a real estate appraiser registration or license prior to issuance.
(5) To adopt standards for the development and communication of real estate appraisals and to adopt regulations explaining and interpreting the standards.
(6) To conduct disciplinary proceedings pursuant to the provisions of this Chapter, to suspend or revoke licenses, and to censure and fine licensees.
(7) To impose continuing education requirements on licensees.
(8) To adopt a seal by which it shall authenticate its proceedings.
(9) To perform such other functions and duties as may be necessary to carry out the provisions of this Chapter.
B. Notwithstanding any provisions contained in this Chapter to the contrary, the board may adopt such regulations as may be necessary to comply with the minimum requirements of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, its agent, or its successor.
C. The board shall have authority to require any real estate appraiser registrant or licensee to maintain records, as specified in this Chapter, and to inspect and subpoena such records.
D. The board shall have the authority to subpoena any real estate appraiser registrant, licensee, or witness for the purpose of holding any hearing or in furtherance of an investigation. Failure of a licensee to comply with a subpoena duces tecum shall be punishable by the board in accordance with the provisions of R.S. 37:3409.
Acts 1987, No. 472, §1; Acts 1991, No. 412, §1; Acts 1991, No. 695, §1; Acts 1993, No. 949, §§1, 2; Acts 1995, No. 690, §2; Acts 2003, No. 341, §1; Acts 2022, No. 547, §1, eff. June 17, 2022.
{{NOTE: SEE ACTS 1987, NO. 472, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3395.1. Peer Review Committee; powers and duties

RS 37:3395.1 - Peer Review Committee; powers and duties
A. The Louisiana Real Estate Appraisers Board is granted the authority to create as needed a Peer Review Committee, and it shall be referred to hereafter as the "committee".
B. The committee shall be comprised of certified real estate appraisers and shall provide assistance as necessary to the board regarding the performance of its functions and duties in pre-license and post-license review and regulation. Each member of the committee shall serve without compensation but shall be reimbursed for actual expenses and mileage incurred in carrying out his duties as a committee member in accordance with the state travel regulations promulgated by the division of administration.
C. There shall be no liability on the part of and no action for damages against the board or a member of the committee on any action taken or recommendation made by a member of the committee acting within the scope of his function as a member of or consultant to the committee if such action was taken or recommendation was made without malice.
D. The board shall promulgate rules and regulations subject to the Administrative Procedure Act in order to effectuate this Section.
Acts 2008, No. 197, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3396. Applications

RS 37:3396 - Applications
A. Applications for examination, experience review, registration, licensure, and renewal shall be made on a form prescribed and in a manner required by the board.
B. Appropriate fees, as set forth in R.S. 37:3407, shall accompany all applications for examination, experience review, and license renewal.
C. Each applicant shall sign a pledge to comply with the standards set forth in this Chapter and shall state that he or she understands the types of misconduct for which disciplinary proceedings may be initiated against a state licensed real estate appraiser.
D.(1) Licenses shall be granted only to persons who have satisfied the minimum education, examination, and experience requirements mandated by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation and published in the most current version of the Real Property Appraiser Qualification Criteria, including any subsequent amendments and regulations issued pursuant thereto.
(2) All applicants for a real estate appraiser license shall undergo a background screening as mandated by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation and prescribed by the board.
(3) When an applicant has been convicted of forgery, embezzlement, obtaining money under false pretense, larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a felony or a crime of moral turpitude in any court of competent jurisdiction, such untrustworthiness of the applicant or the conviction itself may be sufficient grounds for refusal to issue a license.
(4) When an applicant has made a false statement of material fact on his application, such false statement may in itself be sufficient grounds for refusal to issue a license.
E. Suspension or revocation or grounds for suspension or revocation of a real estate appraiser license, or its equivalent, or a real estate salesperson or broker license in any jurisdiction may be grounds for refusal to issue a real estate appraiser license.
F.(1) A real estate appraiser whose license has been revoked as a result of disciplinary action in any jurisdiction shall not be eligible to apply for a Louisiana real estate appraiser license for at least five years following the date on which the license, or its equivalent, was revoked.
(2) An applicant whose license has been revoked shall meet all requirements of an initial applicant and shall present evidence of completion of continuing education for each renewal period, or portion thereof, following the date on which the license was revoked.
Acts 1987, No. 472, §1; Acts 1991, No. 412, §1; Acts 1993, No. 949, §1; Acts 1995, No. 690, §2; Acts 2001, No. 888, §1; Acts 2003, No. 341, §1; Acts 2014, No. 213, §1; Acts 2022, No. 547, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3397. License and registration classifications; criteria

RS 37:3397 - License and registration classifications; criteria
A.(1) There are three classes of licenses for real estate appraisers:
(a) Licensed residential appraiser.
(b) Certified residential appraiser.
(c) Certified general appraiser.
(2) The license classes enumerated in Paragraph (1) of this Subsection shall conform in all respects with the Financial Institutions Reform, Recovery and Enforcement Act of 1989, P.L. 101-73, and any subsequent amendments and regulations issued pursuant thereto.
B. There are two classes of registrations for real estate appraisers:
(1) Trainee appraiser.
(2) Supervisory appraiser.
C.(1) A supervisory appraiser and a trainee appraiser shall each maintain an appraisal experience log and shall be independently obligated to ensure the appraisal experience log is accurate, current, and complies with the provisions of this Chapter. At a minimum, the appraisal log shall include the following:
(a) Type of property.
(b) Date of report.
(c) Address of appraised property.
(d) Description of work performed by the trainee appraiser and scope of the review and supervision of the supervisory appraiser.
(e) Number of actual work hours by the trainee appraiser on the assignment.
(f) The signature and state certification number of the supervisory appraiser. Separate appraisal logs shall be maintained for each supervisory appraiser if applicable.
(2) Prior to applying for registration with the board, a trainee appraiser or supervisory appraiser shall meet the minimum qualifications required under this Chapter and the Real Property Appraiser Qualification Criteria including but not limited to satisfactory completion or submission of the following:
(a) A course that complies, at a minimum, with the specifications of course content established by the AQB, including submission of an official course completion certificate to the board. The course shall be oriented toward the requirements and responsibilities of supervisory and trainee appraisers.
(b) The registration form that is prescribed by the board.
(3) The trainee appraiser shall be entitled to obtain copies of appraisal reports that he prepared in full or in part. The supervisory appraiser shall keep copies of the trainee appraisal reports prepared by the trainee appraiser for a period of at least five years.
Acts 1987, No. 472, §1; Acts 1993, No. 949, §1; Acts 1995, No. 690, §2; Acts 2003, No. 341, §1; Acts 2006, No. 389, §1; Acts 2012, No. 429, §1, eff. May 31, 2012; Acts 2014, No. 213, §§1, 2; Acts 2016, No. 259, §1; Acts 2022, No. 547, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3398. Examination

RS 37:3398 - Examination
A. A license as a real estate appraiser shall not be issued in any class, unless the applicant has passed a qualifying examination approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation for such license.
B. Any applicant not licensed within two years after passing an examination given pursuant to the provisions of this Chapter shall be required to retake and pass the examination.
C. An applicant who has failed an examination may reapply for examination by submitting an application fee within ninety days of the last examination date.
D. Repealed by Acts 2014, No. 213, §2.
E. Repealed by Acts 2003, No. 341, §3.
Acts 1987, No. 472, §1; Acts 1993, No. 949, §1; Acts 1997, No. 1363, §1, eff. July 15, 1997; Acts 1999, No. 158, §1; Acts 2001, No. 888, §1; Acts 2003, No. 341, §§1 and 3; Acts 2014, No. 213, §§1, 2; Acts 2022, No. 547, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3399. Practical Applications of Real Estate Appraisal (PAREA); legislative intent; licensure

RS 37:3399 - Practical Applications of Real Estate Appraisal (PAREA); legislative intent; licensure
A.(1) The legislature hereby recognizes the present shortage and declining number of registered and licensed appraisers in Louisiana and hereby declares its intent to reduce any unnecessary barriers to licensure as a real property appraiser, including but not limited to the practical barriers caused by the related shortage of supervisory appraisers in the state.
(2) Further, the legislature recognizes that the AQB has created and authorized implementation of Practical Applications of Real Estate Appraisal (PAREA) training programs, which shall utilize simulated experience training to provide an alternative path to licensure as a real property appraiser without the necessity of obtaining experience or supervision directly from a supervisory appraiser.
B.(1) Accordingly, nothing in this Chapter shall be construed to prohibit an applicant from submitting an official PAREA program completion certificate to evidence satisfactory completion of all experience necessary for licensure as either a licensed residential appraiser or a certified residential appraiser in accordance with the qualifications required by the Real Property Appraiser Qualification Criteria.
(2) An applicant who has fully completed an authorized PAREA program shall apply for licensure either as a licensed residential appraiser or as a certified residential appraiser on a form prescribed by the board and obtain board approval of the application prior to conducting appraisal activity in this state.
Acts 2022, No. 547, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3400. Term of licenses

RS 37:3400 - Term of licenses
All licenses issued under this Chapter shall be issued for two years and shall expire on the second December thirty-first following the date on which it was issued.
Acts 1987, No. 472, §1; Acts 2003, No. 341, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3401. Nonresident license; temporary registration; reciprocity

RS 37:3401 - Nonresident license; temporary registration; reciprocity
A. Every nonresident applicant for a license issued under this Chapter shall submit an irrevocable consent that service of process in any action against the applicant arising out of the applicant's activities as a licensed real estate appraiser may be made by delivery of the process to the secretary of state, if the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.
B. An applicant who has complied with the provisions of Subsection A of this Section may apply for a license as a real estate appraiser in this state in accordance with Subsection (b) of Section 1122 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
C. A nonresident real estate appraiser certified or licensed in another jurisdiction may make appraisals on a temporary basis only if all of the following conditions are met:
(1) Repealed by Acts 2003, No. 341, §3.
(2) The Appraisal Subcommittee of the Federal Financial Institutions Examination Council, or its successor, has approved the state, commonwealth, or territory program under which the nonresident appraiser is licensed or certified.
(3) The nonresident appraiser has registered with the board on the prescribed form and has provided the board with payment of the temporary registration fee specified in R.S. 37:3407(A)(7).
D. Repealed by Acts 2014, No. 213, §2.
Acts 1987, No. 472, §1; Acts 1991, No. 412, §1; Acts 1993, No. 949, §1; Acts 1995, No. 690, §2; Acts 2003, No. 341, §§1 and 3; Acts 2012, No. 429, §1, eff. May 31, 2012; Acts 2014, No. 213, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3403. Renewal of license

RS 37:3403 - Renewal of license
A.(1) Each license issued under this Chapter shall be issued for a period of two years and shall expire on the second December thirty-first following the date on which it is issued. A license which is not renewed by January first shall be considered to be expired, and any appraisal practice that is conducted in this state after expiration of the license shall be deemed a violation of this Chapter.
(2) Any licensee who submits a renewal application which is received by the board after the expiration date shall pay the delinquent fee provided for in R.S. 37:3407(A).
B. Any licensee who fails to renew timely may thereafter renew during the six-month period immediately following the last date on which the licensee held a valid license. Former licensees who are not eligible for renewal because of delay beyond the six-month delinquent renewal period shall apply as initial applicants.
Acts 1987, No. 472, §1; Acts 1993, No. 949, §1; Acts 1995, No. 690, §2; Acts 2003, No. 341, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3405. Principal place of business for appraiser; contact information

RS 37:3405 - Principal place of business for appraiser; contact information
A. Each registered or licensed real estate appraiser shall notify the board of any change in the information required for registration, licensure, or renewal including but not limited to the following:
(1) The address of his principal place of business and all other addresses at which he is currently engaged in the business of preparing real property appraisal reports.
(2) The address of his domicile.
(3) Primary telephone number.
(4) Primary electronic mail address.
B. Each registered or licensed appraiser required by Subsection A of this Section to notify the board shall provide such notice in writing within ten days of the change.
Acts 1987, No. 472, §1; Acts 1993, No. 949, §1; Acts 1995, No. 690, §2; Acts 2003, No. 341, §1; Acts 2022, No. 547, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3406. Issuance of licenses; display; use of term

RS 37:3406 - Issuance of licenses; display; use of term
A. A license issued under authority of this Chapter shall bear the signatures or facsimile signatures of the chairperson and secretary of the board and a license number assigned by the board.
B. Each licensed real estate appraiser shall include his classification and license number in all appraisal reports, contracts, or other instruments used by the licensee in conducting real property appraisal activities.
C. Repealed by Acts 2003, No. 341, §3.
D. Real estate appraisers that use their license for advertising purposes, including but not limited to logos, stationery, and business cards, shall place their license number adjacent to or immediately below their license classification.
Acts 1987, No. 472, §1; Acts 1991, No. 412, §1; Acts 1995, No. 690, §2; Acts 2001, No. 833, §2; Acts 2003, No. 341, §§1 and 3; Acts 2006, No. 389, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3407. Fees

RS 37:3407 - Fees
A. The board shall charge and collect fees not in excess of the following:
(1)
License application fee
$
200.00
(2)
License history fee
$
25.00
(3)
Examination processing fee
$
100.00
(4)
Experience review
$
100.00
(5)
License renewal fee
$
200.00
(6)
Delinquent renewal fee:
January 1 - February 15
$
25.00
February 16 - June 30
$
100.00
(7)
Temporary registration fee
$
150.00
(8)
Initial qualifying/continuing education
provider fee
$
100.00
(9)
Annual renewal fee for education provider
$
100.00
(10)
Filing fee for additional course offerings
submitted by approved education providers
$
10.00
(11) Processing fee
$
25.00
B.(1) In addition to the fees provided for in Subsection A of this Section, the board may charge each applicant or licensee twenty dollars for each two-year license. The funds shall be included in the research and education fund of the Louisiana Real Estate Commission and shall be dedicated for use by the board to sponsor, conduct, contract for, and underwrite any and all research projects or real estate appraisal programs having to do with the advancement of the real estate appraisal industry in Louisiana.
(2) Additionally, the board may collect any required federal fees from each applicant or licensee and remit them to the appropriate agency or instrumentality of the federal government as may be required to render Louisiana licensed real estate appraisers eligible to perform appraisals in connection with federally related transactions.
C. All fees shall be paid into the operating account of the board for the purpose of carrying out the provisions of this Chapter.
D. Activities of the board shall be audited in accordance with R.S. 24:513.
Acts 1987, No. 472, §1; Acts 1991, No. 412, §1; Acts 1993, No. 949, §1; Acts 1995, No. 690, §2; Acts 2003, No. 341, §1; Acts 2014, No. 200, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3410. Standards for the development and communication of real estate appraisals

RS 37:3410 - Standards for the development and communication of real estate appraisals
A.(1) A registered or licensed real estate appraiser shall comply with generally accepted standards of professional practice in the development and communication of appraisals of real estate located in this state and with generally accepted ethical rules of conduct as contained in the "Uniform Standards of Professional Appraisal Practice" (USPAP), or its successor, as approved and periodically amended by the Appraisal Standards Board of the Appraisal Foundation or its successor.
(2) Nothing in this Chapter shall prohibit a registered or licensed real estate appraiser from performing an evaluation of real property for a federally insured depository institution if the evaluation is permitted by either federal law, regulation, or the guidelines for evaluations established by the federal financial institutions regulatory agency of the depository institution, or a mortgage servicer approved to service any federally related mortgage loans.
B. The registered or licensed real estate appraiser shall include within the body of the appraisal report the amount of the appraiser's fee for appraisal services.
Acts 1987, No. 472, §1; Acts 1990, No. 740, §1; Acts 1991, No. 412, §1; Acts 2003, No. 341, §1; Acts 2012, No. 429, §1, eff. May 31, 2012; Acts 2014, No. 213, §1; Acts 2019, No. 37, §1; Acts 2022, No. 547, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3411. Recordkeeping requirements

RS 37:3411 - Recordkeeping requirements
A registered or licensed real estate appraiser shall retain for five years originals or true copies of contracts engaging the appraiser's services for real property appraisal work, appraisal reports, and supporting data assembled and formulated by the appraiser in preparing reports. The period for retention of the records applicable to each engagement of the services of the appraiser shall run from the date of the submission of the appraisal report to the client. These records shall be made available by the appraiser for inspection and copying by the board on reasonable notice to the appraiser. When litigation is contemplated at any time, reports and records shall be retained for two years from final disposition.
Acts 1987, No. 472, §1; Acts 1995, No. 690, §2; Acts 2003, No. 341, §1; Acts 2016, No. 259, §1; Acts 2022, No. 547, §1, eff. June 17, 2022.