reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:771.1. Dentist fees; discount to an uninsured individual; effect on a dentist's contracted reimbursement amount

RS 37:771.1 - Dentist fees; discount to an uninsured individual; effect on a dentist's contracted reimbursement amount
A. Notwithstanding any state or federal provisions to the contrary, a contracted dentist licensed to practice dentistry by the board may offer a discount for dental care services rendered to an uninsured individual. Any such discount granted by a contracted dentist to an uninsured individual shall not reduce the contracted reimbursement amount between a dentist and a health or dental insurance issuer for dental care services rendered to the issuer's enrollees, insureds, and subscribers.
B. For the purposes of this Section:
(1) "Contracted dentist" means a dentist licensed to practice dentistry by the board who has executed a direct, specific contract with a health insurance issuer.
(2) "Contracted reimbursement amount" means the quantity of remuneration a health or dental insurance issuer has agreed to pay a dentist for rendering dental care services in a direct, specific agreement between a dentist and a health or dental insurance issuer.
(3) "Enrollee", "insured", or "subscriber" means an individual who is enrolled or insured by a health or dental insurance issuer or who is subscribed to a dental service contractor for dental insurance coverage or prepaid dental services.
(4) "Health or dental insurance issuer" means any entity that offers health or dental insurance coverage through a policy, contract, dental benefit plan, or certificate of insurance subject to state law that regulates the business of insurance. For purposes of this Section, a "health or dental insurance issuer" shall include but not be limited to a dental service contractor as defined and certified pursuant to Subpart G of Part III of Chapter 4 of Title 22 of the Louisiana Revised Statutes of 1950.
Acts 2006, No. 744, §1, eff. June 29, 2006; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:772. Anesthetics and prescriptions; patient histories and examinations

RS 37:772 - Anesthetics and prescriptions; patient histories and examinations
A.(1) A licensed dentist may administer general and local anesthetics and prescribe drugs or medicines necessary or proper in the practice of his profession.
(2) A licensed druggist of this state may fill prescriptions of a licensed dentist of this state for any drug necessary to the practice of dentistry.
B.(1) A licensed dentist may perform a patient history and examination in a hospital, provided that he has completed a physical evaluation program or course curriculum in an accredited medical or dental school teaching institution, is qualified as a board eligible or board certified oral or maxillofacial surgeon, and his credentials have been approved by the hospital medical staff and he has been approved by the hospital board to perform such procedures. All such patient histories and examinations shall be directly related or incident to any dentistry or oral or maxillofacial surgery procedures.
(2) Patients with known medical problems on admission or arising during hospitalization shall have appropriate medical consultation.
Acts 1985, No. 743, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:773. State and municipal regulations

RS 37:773 - State and municipal regulations
All persons licensed to practice dentistry in this state shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases and any and all matters pertaining to public health.
They shall make reports to proper health offices the same as those practicing other professions are required to so report and executing death certificates, when necessary in the practice of their profession. These reports and certificates, in the manner provided by law, shall be accepted by the office or department to whom they are made.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:774. Practice under name of licensee; full disclosure required

RS 37:774 - Practice under name of licensee; full disclosure required
Except as provided under Chapter 11 of Title 12 of the Louisiana Revised Statutes of 1950, relating to professional corporations, no person shall:
(1) Practice dentistry under the name of a corporation, company, association, limited liability company, or trade name without full and outward disclosure of his full name, which shall be the name used in his license or renewal certificate as issued by the board, or his commonly used name.
(2) Conduct, maintain, operate, own, or provide a dental office in this state, either directly or indirectly, under the name of a corporation, company, association, limited liability company, or trade name without full and outward disclosure of his full name as it appears on the license or renewal certificate as issued by the board or his commonly used name.
(3) Hold himself out to the public, directly or indirectly, as soliciting patronage or as being qualified to practice dentistry in this state under the name of a corporation, company, association, limited liability company, or trade name without full and outward disclosure of his full name as it appears on the license or renewal certificate as issued by the board or his commonly used name.
(4) Operate, manage, or be employed in any room or office where dental service is rendered or conducted under the name of a corporation, company, association, limited liability company, or trade name without full and outward disclosure of his full name as it appears on the license or renewal certificate as issued by the board or his commonly used name.
(5) Practice dentistry without displaying his full name or his commonly used name as it appears on the license or renewal certificate as issued by the board in front of each dental office location if the office is in a single-story and/or single-occupancy building, or without displaying his full name or his commonly used name as it appears on the license or renewal certificate as issued by the board on the outside of the entrance door of each dental office if the office is in a multi-occupancy and/or multi-story building.
Acts 1974, No. 259, §2; Acts 1982, No. 278, §1; Acts 1990, No. 738, §1; Acts 1995, No. 920, §1; Acts 1997, No. 83, §1; Acts 2001, No. 712, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:778. Board to hear charges against dentists, dental hygienists, and any person practicing dentistry

RS 37:778 - Board to hear charges against dentists, dental hygienists, and any person practicing dentistry
The board shall hear and determine all charges against any licensed dentist, licensed dental hygienist, or any person practicing dentistry as defined in R.S. 37:751 for violation of any of the provisions of this Chapter. It may in all cases suspend or revoke the license and reinstate any license if suspended or revoked.
Acts 1997, No. 83, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:779. Filing of administrative complaint or charge; appointment of committee to hear charge; quorum

RS 37:779 - Filing of administrative complaint or charge; appointment of committee to hear charge; quorum
A. Any administrative complaint or charge for a violation of this Chapter shall be made under oath either by the secretary-treasurer or any member of the board, noticed and docketed for hearing, and submitted to the president of the board, who shall appoint a committee of three or more members of the board to hear the administrative complaint or charge. The president and the member of the board making the charge or residing in the same board electoral district as the individual charged shall be ineligible to sit as a member of the committee. The president shall designate the time and place of the hearing.
B. Where the charge is made by a citizen, he should state to the secretary-treasurer, or any member of the board, the source of his information and the grounds of his belief, and the secretary-treasurer, a member, an inspector, or any agent of the board shall substantiate the charge by determining that the citizen is informed and has reasonable cause to believe that the charge is true; after which an administrative complaint or charge may be issued, and noticed and docketed for hearing by the board, as set forth in Subsection A of this Section.
C. At any hearing held pursuant thereto, a majority of the committee shall constitute a quorum and an affirmative vote by a majority of the committee members present shall be required for any disposition, action, or decision at the conclusion of the hearing.
D. For purposes of this Chapter and Section, a hearing shall be the same as an adjudication defined under the Administrative Procedure Act.
Acts 1991, No. 504, §1, eff. July 15, 1991; Acts 1995, No. 920, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:782. Authority to contract for and employ necessary personnel; purchase of immovable property

RS 37:782 - Authority to contract for and employ necessary personnel; purchase of immovable property
The board is authorized to contract for and employ such professional, investigative, stenographic, and clerical personnel as are required to properly discharge the duties of the board as set forth in this Chapter, and to purchase immovable property to conduct the board's operations, provided that the fees and salaries of said personnel and funds for the purchase of immovables shall be paid entirely from fees collected by the board under the provisions of R.S. 37:770 and 795.
Amended by Acts 1972, No. 209, §6; Acts 1997, No. 83, §1; Acts 2001, No. 712, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:783. Reinstatement or reissuance of license

RS 37:783 - Reinstatement or reissuance of license
A. The board may, if the action is warranted, reinstate the license of a dentist or dental hygienist if suspended, or reissue a new license if revoked. If a license is reinstated or reissued following previously applied sanctions relative to a violation of this Chapter, said reinstated or reissued license shall have affixed thereto, an attachment or addendum specifically setting forth any restrictions placed upon said reinstated or reissued license by the board.
B. In case of reinstatement, the reinstated dentist or dental hygienist shall pay all costs or fines, or both, and a reinstatement fee as provided for in the board's fee schedule established pursuant to R.S. 37:795.
C. In case of reissuance, the dentist or dental hygienist whose license has been revoked may be relicensed without an examination upon proper application and payment of all costs or fines, or both, and a relicensing fee as provided for in the board's fee schedule established pursuant to R.S. 37:795 and completion of required continuing education if suspension is over one year.
D. The procedure for the submission of requests, and the approval or denial of requests for reinstatement or reissuance of a license shall be determined by board policy which shall afford applicants for reinstatement or reissuance an opportunity to present their requests.
Acts 1962, No. 17, §7; Acts 1982, No. 278, §1; Acts 1990, No. 738, §1; Acts 1995, No. 920, §1; Acts 2001, No. 712, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:784. Persons whose license suspended or revoked prohibited from practicing

RS 37:784 - Persons whose license suspended or revoked prohibited from practicing
Any dentist or dental hygienist whose license is suspended or revoked in accordance with this Chapter shall be deemed an unlicensed person during the period of the suspension or revocation, and shall be subject to the penalties prescribed for unlicensed persons if he practices during the period of suspension or revocation. The board retains jurisdiction over all such unlicensed persons relative to violations of and enforcement of the provisions of this Chapter.
Acts 1991, No. 504, §1, eff. July 15, 1991.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:785. Criminal actions and injunctions simultaneous with administrative proceedings before board

RS 37:785 - Criminal actions and injunctions simultaneous with administrative proceedings before board
Administrative proceedings under this Chapter before the board are not exclusive remedies. Criminal action under the terms of this Chapter may be simultaneously instituted and maintained against the accused for any violation of this Chapter. The board may also separately or simultaneously bring and carry on an action by injunction to restrain a licensed or unlicensed individual from further violation of any of the provisions of this Chapter during the pendency of the criminal proceeding or proceedings before the board and against any unlawful practice thereafter.
Amended by Acts 1977, No. 325, §3; Acts 2001, No. 712, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:786.1. Stay of board decision

RS 37:786.1 - Stay of board decision
A. Absent agreement of counsel for all parties, no stay of enforcement of a decision issued under R.S. 37:780, or for a violation of R.S. 37:788, during the pendency of an appeal under R.S. 37:786 shall be granted unless the civil district court for the parish of Orleans finds that the applicant has established:
(1) That the issuance of the stay does not threaten harm to other interested parties, including the board, and persons for whom the applicant may render dental or dental hygiene services.
(2) That the issuance of the stay does not constitute a threat to the health and welfare of the citizens of the state.
B. No stay shall be granted ex parte. The court shall schedule a hearing on the request for a stay order within ten days from filing. The decision shall be rendered within five days after the conclusion of the hearing.
C. No judicial order staying or enjoining the effectiveness or enforcement of a final decision or order of the board in an adjudication proceeding, whether issued pursuant to R.S. 49:978.1(C) or otherwise, shall be effective, or be issued to be effective, longer than:
(1) One hundred twenty days from the date on which the board's decision or order was rendered; or
(2) The date on which the court enters judgment in a proceeding for judicial review of the board's decision or order pursuant to R.S. 49:978.1, whichever occurs first.
Acts 1987, No. 782, §1, eff. July 17, 1987; Acts 1995, No. 920, §1; Acts 1999, No. 1358, §1; Acts 2012, No. 491, §1, eff. June 5, 2012; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:788. Violations

RS 37:788 - Violations
A. No person shall practice dentistry or dental hygiene or attempt or offer to practice within the state without first having been authorized and issued a license by the board; nor shall any person practice dentistry or dental hygiene or attempt or offer to practice within the state during any period of suspension of his license by the board or after revocation by the board of any license theretofore issued to the offending person.
B.(1) The board may issue a subpoena to any person or persons who the board has probable cause to believe has engaged in the practice of dentistry or dental hygiene without a currently valid license or permit.
(2) Subpoenas issued by the board shall comply with the notice requirements of R.S. 49:975 and R.S. 37:781. These subpoenas shall be served upon the unlicensed individual personally or by any type of mailing requiring a return receipt and shall include a statement of the manner in which the unlicensed person shall be required to respond to the board.
(3) Whoever violates the provisions of this Section may also be prosecuted criminally by the district attorney and, if convicted, shall be imprisoned with or without hard labor for not more than five years or fined not more than five thousand dollars, or both. Each unauthorized act shall constitute a separate offense.
(4) The fact that any unlicensed person engages in or performs or offers to engage in or perform any of the practices, acts, or operations set forth in R.S. 37:751(A)(5) is prima facie evidence that such person is engaged in the illegal practice of dentistry or dental hygiene.
(5) No person practicing dentistry or dental hygiene without a currently valid license or temporary permit shall have the right to receive any compensation for services so rendered. In addition to any other penalties imposed under R.S. 37:789, any person who practices dentistry or dental hygiene without a license shall return any fees collected for practicing dentistry or dental hygiene and shall be liable for any damages resulting from negligence.
(6) All rights and privileges afforded by the Administrative Procedure Act are specifically reserved to any party aggrieved by any decision of the board.
C. If the board has reasonable cause to believe that an expanded duty dental assistant has violated any of the provisions of this Chapter, the board may suspend, rescind, or revoke the confirmation of the certification of the expanded duty dental assistant after a hearing is conducted.
D. Repealed by Acts 2001, No. 712, §2.
Acts 1988, No. 795, §1; Acts 1995, No. 920, §1; Acts 1999, No. 1358, §1; Acts 2001, No. 712, §2; Acts 2003, No. 1182, §1; Acts 2005, No. 196, §1; Acts 2016, No. 369, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:789. Penalties; cease and desist orders

RS 37:789 - Penalties; cease and desist orders
A. The board may institute any action in a court of competent jurisdiction necessary to enforce compliance with any provision of this Chapter or with any regulation or subpoena, made pursuant to the provisions of this Chapter, including a writ of injunction enjoining any person practicing dentistry or dental hygiene until such person obtains a license under the provisions of this Chapter. Any injunction issued pursuant to this Chapter shall not be subject to being released upon bond.
B. In addition to the administrative penalties provided for in this Chapter, the board, acting through its president, may issue an order to any person or entity engaged in the unlicensed practice of dentistry, directing such person or entity to cease and desist from the unlicensed practice of dentistry.
C. If the person or entity 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 receipt of such order by certified mail or hand delivery, the board, through its president, may seek on behalf of the board a writ of injunction in any court of competent jurisdiction and proper venue enjoining such person or entity from engaging in the unlicensed practice of dentistry. The injunction shall not be subject to being released upon bond.
D. In the suit for an injunction, the board may demand of the defendant a penalty of not more than five thousand dollars, as well as reasonable attorney fees and court costs. This judgment for penalty, attorney fees, and costs may be rendered in the same judgment as the injunction.
Amended by Acts 1962, No. 17, §8; Acts 1988, No. 795, §1; Acts 1999, No. 1358, §1; Acts 2001, No. 712, §1; Acts 2003, No. 1182, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:790. Forgery; penalty

RS 37:790 - Forgery; penalty
A. No person shall file or attempt to file, as his own, the diploma or license of another, or a forged affidavit of identification or qualification.
B. Whoever violates this Section shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than ten years, or both.
Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:792. Dental x-ray functions by dental assistants; qualifications

RS 37:792 - Dental x-ray functions by dental assistants; qualifications
A. Any dental assistant employed by a licensed dentist on the effective date of this Section and for a period of at least one year prior to the effective date of this Section shall be deemed to be authorized to take dental x-rays.
B. Any dental assistant who does not meet the employment criteria set forth in Subsection A of this Section shall attend and successfully complete a course in x-ray function and safety approved by the board within six months after commencement of employment by a licensed dentist. Any such assistant shall be deemed to be authorized to take dental x-rays only upon compliance with this Subsection.
C.(1) The dentist employer shall certify to the board that any dental assistant employed by him meets the employment criteria set forth in Subsection A of this Section, has attended and completed a course in dental x-ray function and safety, or has not attended such course but has been employed less than six months.
(2) Such certification shall be required upon renewal of any dental license by the dentist.
D. A dental assistant shall perform all dental x-ray functions solely under the direct supervision of a licensed dentist and on the premises of the dental office.
Acts 1984, No. 481, §1, eff. Sept. 1, 1984; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:792.1. Duties of a dental assistant and an expanded duty dental assistant

RS 37:792.1 - Duties of a dental assistant and an expanded duty dental assistant
A. A dental assistant may perform only those duties in accordance with rules promulgated by the board, and then only under the direct on-premises supervision, direction, and responsibility of the dentist who employs him or her or a dentist who assumes responsibility for the treatment of that patient, and as ordered by the dentist.
B. An expanded duty dental assistant shall perform only those duties which are in accordance with rules promulgated by the board, and then only under the direct, on-premises supervision, direction, and responsibility of the dentist who employs him or her or a dentist who assumes responsibility for the treatment of that patient, and as ordered by the dentist.
C. A licensed dentist is prohibited from:
(1) Delegating an act to an individual who, by order of the board, is prohibited from performing the dental procedure.
(2) Delegating the performance of any of the following procedures to a person not licensed as a dentist or dental hygienist:
(a) Removal of calculus, deposits, or accretions from the natural and restored surfaces of exposed teeth and restoration in the human mouth.
(b) Root planing or smoothing of roughened root surfaces or exposed teeth.
(c) Any other procedure the delegation of which is prohibited by the rules of the board.
(3) REPEALED BY ACTS 1993, NO. 129, §2, EFF. AUG. 1, 1993.
D. The board shall promulgate rules and regulations in accordance with the provisions of this Section, regarding the dental procedures that may be appropriately delegated by the dentist, including a determination as to which delegated dental procedures require competency testing before a person may perform the procedure and establish training requirements.
E. Any dental procedure that is delegated by a dentist to a dental assistant may also be delegated to a dental hygienist.
F, G. REPEALED BY ACTS 1993, NO. 129, §2, EFF. AUG. 1, 1993.
Acts 1992, No. 430, §1, eff. Aug. 1, 1992; Acts 1993, No. 129, §§1 and 2, eff. Aug. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:794. Dispensing and administering controlled substances; records

RS 37:794 - Dispensing and administering controlled substances; records
A. Any dentist qualified to dispense or administer controlled substances shall properly label all such controlled substances in accordance with all applicable federal laws and regulations and shall maintain prescription files on any controlled substances he sells, administers, or dispenses.
B. A record shall be kept daily showing all dispensations and administrations of all controlled substances and shall clearly identify the controlled substances dispensed or administered, the individual to whom each controlled substance was dispensed or administered, the date of the dispensation or administration, and the amount of the controlled substance dispensed or administered.
C. All licensees who dispense or administer controlled substances in their dental practice shall keep an inventory at each practice location where controlled substances are dispensed or administered. There shall be an initial inventory in accordance with 21 CFR 1304.11 on the first date he takes control of controlled substances for distribution or administration at any location. In the event a person opens a practice with no controlled substances on hand, he shall record this fact as his initial inventory. A biennial inventory shall be taken within four days of the two-year anniversary of the initial inventory.
D. The controlled substances log shall be readily retrievable immediately upon the request of the board, its agents, or employees.
Acts 1992, No. 915, §1; Acts 1999, No. 1358, §1; Acts 2003, No. 303, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:796. Louisiana State Board of Dentistry; adoption of rules relating to the providing of dental services at mobile dental clinics and locations other than the dental office

RS 37:796 - Louisiana State Board of Dentistry; adoption of rules relating to the providing of dental services at mobile dental clinics and locations other than the dental office
A. The board shall adopt rules relating to the providing of dental services at mobile dental clinics and locations other than the dental office.
B. The rules shall include but not be limited to:
(1) Guidelines and criteria for the permitting of dentists who wish to provide dental services at mobile dental clinics and locations other than their office.
(2) Guidelines and criteria for record keeping regarding the services provided.
(3) Guidelines and criteria for the practice standards and the types of dental services which may be provided at mobile dental clinics and locations other than the dental office.
(4) Guidelines and criteria requiring a signed consent form from the parent or guardian prior to providing dental services to a minor.
(5) Guidelines and criteria providing for parental consultation and involvement regarding the providing of dental services to a minor.
(6) Guidelines and criteria regarding the equipment and standards which shall be maintained in order to provide dental services at mobile dental clinics and locations offering dental services other than the dental office.
(7) Provisions for the inspection by the board of mobile dental clinics and locations offering dental services other than the dental office and health facilities licensed by the Louisiana Department of Health.
(8) Guidelines and criteria for the disposal of infectious waste associated with providing dental services at mobile dental clinics and locations other than the dental office.
C. All rules shall be adopted in accordance with the provisions of the Administrative Procedure Act.
D. Nothing in this Section shall be construed to prohibit the board from adopting emergency rules as otherwise provided for in the Administrative Procedure Act.
E. The rules provided for by this Section shall be adopted by January 1, 2011.
F. Repealed by Acts 2022, No. 271, §7.
Acts 2009, No. 429, §1; Acts 2010, No. 917, §1, eff. July 2, 2010; Acts 2022, No. 271, §§2, 7.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:796.1. Requirements to provide dental services at mobile dental clinics and locations other than the dental office; permit; hold harmless

RS 37:796.1 - Requirements to provide dental services at mobile dental clinics and locations other than the dental office; permit; hold harmless
A. Upon promulgation of rules pursuant to this Section and R.S. 37:796, a person offering dental services at a mobile dental clinic or a location other than the dental office shall:
(1) Be a dentist licensed in Louisiana who is in good standing with the board.
(2) Have received a permit from the board to provide dental services at a mobile dental clinic or a location other than the dental office. The permit shall be issued pursuant to the provisions of this Section and in accordance with rules adopted pursuant to the Administrative Procedure Act.
B. The board shall promulgate rules and regulations pertaining to licensure requirements for all nonresident officers, managers, and partners of any business entity engaged or contracted to provide administrative or management services in support of a mobile dental clinic or a dentist providing services in locations other than a dental office.
C. Upon promulgation of rules pursuant to this Section and R.S. 37:796, no dental services shall be offered at a mobile clinic or a location other than the dental office unless the dentist has been issued a permit to provide those services as provided for by this Section.
Acts 2009, No. 429, §1; Acts 2018, No. 206, §3; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:797. Employment or contracting with certain nonprofit entities

RS 37:797 - Employment or contracting with certain nonprofit entities
No provision in this Chapter shall be construed to prohibit any person licensed under the provisions of this Chapter from being an employee or independent contractor of a nonprofit entity that meets the statutory, regulatory and program requirements for grantees supported under Section 330 of the Public Health Service Act (42 U.S.C. §254b) or its successor.
Acts 2010, No. 612, §1, eff. June 25, 2010.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:833. Domicile of the board

RS 37:833 - Domicile of the board
The domicile of the board shall be the parish of Orleans, state of Louisiana where and only where it may be sued. The board may, however, establish its office in the metropolitan New Orleans area.
Acts 1983, No. 454, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:834. Filling of vacancies on board; failure to qualify

RS 37:834 - Filling of vacancies on board; failure to qualify
Any vacancy occurring on the board shall be filled by the governor in the manner provided in R.S. 37:832. If any member appointed to the board does not qualify within the time specified under R.S. 37:836 or if a member of the board dies or resigns, the governor shall appoint another person to fill the vacancy within thirty days after notification from the board.
Amended by Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M. Acts 1984, No. 941, §1, eff. July 20, 1984.
{{NOTE: SEE ACTS 1984, NO. 941, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:837. Election of officers

RS 37:837 - Election of officers
The board shall annually, at its first regular meeting, elect a president, a vice-president, a secretary and treasurer from the members of the board, which officers shall serve for one year or until their successors are elected and qualified.
Amended by Acts 1963, No. 12, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:838. Salary and expenses of members of board

RS 37:838 - Salary and expenses of members of board
A. All monies received by the board shall be held by the treasurer of the board for paying the salary and the traveling and living expenses of the members of the board while on board business, and for paying other expenses necessary to the operation of the board.
B. Each member of the board shall receive a per diem not to exceed one hundred dollars while on board business, and this compensation shall in no manner be an expense to the state.
Amended by Acts 1963, No. 12, §1; Acts 1974, No. 572, §1; Acts 1995, No. 112, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:839. Quorum

RS 37:839 - Quorum
Four members of the board shall constitute a quorum for the transaction of all its business and the performance of all its duties.
Amended by Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M. Acts 1986, No. 782, §1, eff. noon, July 11, 1988; Acts 1988, No. 275, §1, eff. July 1, 1988.
{{NOTE: SEE ACTS 1986, NO. 782, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:840. Powers and duties of the board; rules and regulations

RS 37:840 - Powers and duties of the board; rules and regulations
A. The board shall have all the powers necessary for administering and enforcing the provisions of this Chapter. Such powers shall include, but not be limited to,
(1) Making reasonable rules and regulations for the administration and enforcement of the provisions of this chapter.
(2) Conducting examinations as often as found necessary, according to reasonable standards adopted by the board under the authority and requirements of this Chapter, for applicants desiring to practice the science of embalming or the profession of funeral directing or both, and the issuance of licenses to those found to be qualified and eligible therefor.
(3) Prescribing requirements, in accordance with the provisions and intent of this Chapter, for funeral homes and other establishments engaged in the care and disposition of dead human bodies, including but not limited to rules relating to personnel, sanitation and disinfection and the making of inspections in connection therewith, and the issuance of licenses to those found to be qualified and eligible therefor.
(4) Holding of such hearings and the making of such investigations as may be found necessary in carrying out the purposes and intent of this Chapter, with the right to subpoena licensees, their records, books and accounts and others from whom information is needed, and to administer oaths and issue commissions to take depositions of witnesses, within and outside the state. Oaths may be administered and subpoenas issued by any member of the board in connection with such hearings and investigations.
(5) The appointment of an attorney at law to represent it in all matters and fixing his compensation and defining his duties.
(6) The adoption of a common seal.
(7) Authorizing and regulating branch establishments.
B. It shall be the duty of the board to:
(1) Meet at least once a year or oftener if necessary for the proper and efficient performance of its functions.
(2) Conduct examinations of applicants for licenses to practice embalming or funeral directing as often as necessary to prevent unreasonable delay in passing on applications, and make prompt investigations and decisions on applications for licenses to operate funeral homes; and to promptly issue licenses to all persons and establishments found qualified and eligible therefor.
(3) Employ an investigator and promptly dispose of any valid complaints or any reported violations of the provisions of this Chapter, and dispatch, without undue delay, any other matters or business coming properly within the scope of its authority.
Amended by Acts 1958, No. 28, §1; Acts 1963, No. 12, §1; Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M., Acts 1974, No. 3, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:841. Certificates issued under the State Board of Embalming and Funeral Directing, etc.

RS 37:841 - Certificates issued under the State Board of Embalming and Funeral Directing, etc.
Certificates issued by the State Board of Embalming and Funeral Directing and the State Board of Embalming and Undertaking shall be considered as issued by the board under this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:843. Registration and display of certificate

RS 37:843 - Registration and display of certificate
A. The board shall register each certificate in the office of public health of the Louisiana Department of Health.
B. Each certificate holder shall display his certificate in a conspicuous place in his office or place of business.
Amended by Acts 1977, No. 283, §3; Acts 1977, No. 684, §3; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:844. Renewals

RS 37:844 - Renewals
A. Every certificate holder under this Chapter who continues the practice of the science of embalming, the practice of funeral directing, or continues to operate a funeral establishment in this state shall renew its license by paying to the secretary of the board on or before December thirty-first of each year the renewal fee set forth by rule in accordance with R.S. 37:845. Any certificate holder whose renewal fee is not received by the board by December thirty-first shall be deemed delinquent. A notice of delinquency shall be sent via certified mail to the certificate holder by the board. The notice shall state that the deadline for payment has lapsed and that if the certificate holder intends to renew, payment of the renewal fee shall be submitted to the board within five business days of receipt of the notice. No penalties, reinstatement fees, or late fees shall be assessed and no reinspection shall be required if the certificate holder submits payment of the renewal fee within five business days of receipt of the notice. If the board does not receive the renewal fee within the five business days provided for by this Subsection, such certificate holder shall be subject to any penalty, reinstatement fees, or late fees authorized by law.
B. Renewal fees sent through the mail shall be deemed timely received if mailed on or before the due date. If the renewal fee is received by the board after the due date, the timeliness of the mailing shall be shown by an official United States postmark or by official receipt or certificate from the United States Postal Service or a commercial mail service, made at the time of mailing that indicates the date thereof.
C. Any certificate holder whose renewal fee for 2017 was received by the board by February 1, 2017, and who paid a reinstatement of certificate fee or any penalty for late payment shall be issued a refund by the board for all amounts paid in excess of the annual renewal fee. This refund shall be issued no later than September 1, 2017.
Amended by Acts 1977, No. 283, §4; Acts 2017, No. 251, §1, eff. June 14, 2017.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:845. Fees

RS 37:845 - Fees
The board shall require payment of fees hereunder as follows:
(1) A fee to be determined by the board of not more than two hundred fifty dollars from each person applying for a funeral director's license.
(2) A fee to be determined by the board of not more than two hundred fifty dollars from each person applying for a funeral director's and embalmer's license.
(3) A fee to be determined by the board of not more than eighty dollars for the annual renewal of each of the licenses listed in Paragraphs (1) and (2) of this Section.
(4) A fee to be determined by the board of not more than one thousand dollars for each funeral establishment applying for a license to operate within this state.
(5) A fee to be determined by the board of not more than seven hundred dollars for the annual renewal of each license for a funeral establishment to operate within this state.
(6) A fee to be determined by the board of not more than one hundred dollars from each person applying for an internship.
(7) A fee to be determined by the board of not more than one hundred dollars from each person applying for a duplicate certificate.
(8) A fee to be determined by the board of not more than one hundred dollars from each person applying for a temporary license within this state.
(9) A fee to be determined by the board of not more than five hundred dollars for any inspection or reinspection of an establishment applying for a license to operate within this state, applying for a location change, or applying for an ownership change.
Amended by Acts 1958, No. 28, §1; Acts 1963, No. 12, §1; Acts 1966, No. 19, §1, eff. June 15, 1966, at 10:30 A.M.; Acts 1970, No. 6, §1; Acts 1977, No. 283, §5; Acts 1983, No. 454, §1; Acts 1995, No. 112, §1; Acts 2004, No. 133, §1; Acts 2014, No. 264, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:847. Hearings; subpoenas

RS 37:847 - Hearings; subpoenas
A. A quorum of the board or a committee of the board may take testimony concerning matters under its jurisdiction. The board, through its presiding officer, may issue subpoenas to enforce the attendance of witnesses, and administer oaths to witnesses.
B. The board may hold an informal meeting to ascertain facts of an alleged violation of any provision of this Part. The board may appoint one or more of its members who shall investigate the alleged violation and report their findings to the board. The board may compel the appearance of parties to the alleged violation or witnesses to the alleged violation. The board may, by majority vote, dismiss the complaint or call for a formal hearing.
C. If a formal hearing is called, parties to the alleged violation and complaint shall be present either voluntarily or by subpoena. A proper legal record of the hearing shall be required in a manner legally accepted in judicial proceedings. After hearing and reviewing the evidence presented, the board, within a reasonable time, shall render a decision and issue its decision and orders to all parties.
Acts 1983, No. 454, §1
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:848. Unlawful practice

RS 37:848 - Unlawful practice
A. No person, not certified and registered under the provisions of this Chapter, shall embalm, or pretend to practice the science of embalming, or conduct the business of funeral directing; however, a licensed funeral director shall not be required to supervise the disinterment of a dead human body when disinterment and reburial is made in the same cemetery by its designated sexton who shall be responsible to supervise the disinterment and reburial.
B. Every member of a firm or corporation engaged in the practice of the science of embalming or the business of funeral directing, or both, and the manager of each place of business conducted by such firm or corporation, whose duties engage him directly in the care and preparation, or the supervision of the disposal, burial or disinterment of dead human bodies, shall possess a certificate issued under the provisions of this Chapter.
C. It shall be unlawful for anyone to engage in the business of funeral directing or embalming as defined in R.S. 37:831 unless such business is conducted by a duly licensed Louisiana funeral establishment.
D.(1) Only a licensed embalmer may embalm a dead human body.
(2) If the body is to be held by the funeral establishment longer than thirty hours after the time of death, it shall be embalmed or the body may be refrigerated continuously at a temperature not to exceed forty-five degrees Fahrenheit.
(3) If the body is not embalmed or refrigerated, it shall be buried, cremated, or otherwise disposed of within thirty hours after death or as soon as possible after its release by the proper authorities.
(4) If the condition of the body does not permit embalming by the introduction of chemical substances, fluids, or gas into the body by vascular or hypodermic injection or by direct application into the organs or cavities, it shall be embalmed by an outward application of such substances.
(5) Every dead human body shall be disposed of and prepared through a funeral establishment and under the supervision of a licensed funeral home or embalmer.
(6) Notwithstanding any provision of this Part to the contrary, a licensed hospital or medical school may hold a body for more than thirty hours without having the body embalmed and a licensed hospital, medical school, or the Bureau of Anatomical Services may dispose of any tissues or organs according to accepted procedures.
(7) Nothing in this Subsection shall be construed to require embalming if specific practices and beliefs of religious groups prohibit it.
E. The provisions of Paragraphs (D)(1) through (5) of this Section shall not apply to the Anatomical Board (R.S. 17:2271-2280).
F. The provisions of Paragraphs (D)(1) through (5) of this Section shall not apply to accredited schools of mortuary science or funeral service.
Acts 1966, No. 19, §1, eff. June 15, 1966 at 10:30 A.M.; Acts 1974, No. 3, §4; Acts 1983, No. 454, §1; Acts 1990, No. 415, §1, eff. Sept. 1, 1990; Acts 2004, No. 132, §1; Acts 2010, No. 372, §1; Acts 2016, No. 143, §2, eff. May 19, 2016.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:849. Injunction proceedings

RS 37:849 - Injunction proceedings
The board may bring legal proceedings to enjoin a person or establishment violating the provisions of this Chapter from practicing the science of embalming, conducting the business of funeral directing, operating a funeral establishment, engaging in the practice of cremation, or operating a crematory retort, as may be the case, until such person complies with the requirements of this Chapter. The injunction, if granted, shall not be suspended by bond or appeal, and the person or establishment enjoined shall be cast for attorney fees and court costs.
Amended by Acts 1958, No. 28, §1; Acts 2003, No. 1243, §2; Acts 2003, No. 1243, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:850. Penalty

RS 37:850 - Penalty
A. Whoever violates the provisions of this Part shall be fined not less than five hundred dollars nor more than two thousand five hundred dollars for each offense plus costs of the court reporter and the attorney for the board, or by imprisonment for not less than thirty days nor more than one hundred eighty days for each offense, or both such fine and imprisonment.
B. If a firm or association violates the provisions of this Part, all members of the firm or association who knowingly violate said provisions shall be subject to the penalty. If a corporation violates said provisions, the members of the board of directors and the officers of the corporation who knowingly violate said provisions shall be subject to the penalty.
Amended by Acts 1974, No. 3, §5; Acts 1977, No. 283, §6. Acts 1983, No. 454, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:851. Exemptions

RS 37:851 - Exemptions
Nothing in this Chapter shall apply to commissioned officers in the United States Army, Navy, or Marine Hospital Service, or to anyone actually serving as a member of the resident medical staff of any legally incorporated hospital in this state.
Amended by Acts 1977, No. 283, §7.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:852. Funeral home limousines

RS 37:852 - Funeral home limousines
No political subdivision of this state shall require a funeral home which is in compliance with all funeral home licensing requirements of the state and of that political subdivision to acquire any limousine franchise or limousine license from that political subdivision to operate any limousine owned or operated by that funeral home. The provisions of this Section shall be limited to limousines operated by such funeral homes for funeral services and weddings.
Acts 1990, No. 981, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:853. Identification of caskets; promulgation of rules

RS 37:853 - Identification of caskets; promulgation of rules
A. Funeral establishments operating in the state shall affix, on a permanent-type material, the following information on all caskets used by such establishment for burial:
(1) The name of the deceased contained in the casket.
(2) The date of death of the deceased.
(3) The name of the funeral home.
B. The board shall promulgate rules and regulations in accordance with the Administrative Procedure Act in order to implement the provisions of this Section.
Acts 2006, No. 330, §1, eff. June 13, 2006.