reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter C - Conduct of Informal Inquiry/Hearing (Non-Adversarial Procedure) › Section XXVII-519 - Informal Inquiry Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The licensee shall be given adequate prior notice of the informal inquiry and
				  possible hearing of the issues to be discussed. Adequate notice includes:
1. informing the licensee in writing that a
				  complaint has been filed;
2. a
				  short and plain statement of the nature of the complaint;
3. a reference to the particular sections of
				  the statutes, rules, and/or ethical standards of the board which appear to have
				  been involved;
4. copies of the law
				  and the rules and regulations of the board; and
5. a request for the licensee's cooperation
				  in obtaining a full understanding of the circumstances which led to the
				  allegation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter C - Conduct of Informal Inquiry/Hearing (Non-Adversarial Procedure) › Section XXVII-521 - Informal Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The board shall conduct informal hearings in executive session in accordance
				  with the following.
1. It is expected that
				  the licensee not have an attorney or other advisors present, although it is his
				  right to do so.
2. Witnesses may be
				  called, but are not placed under oath and no subpoenas are issued.
3. Statements made at the informal hearing
				  may not be introduced at a formal hearing unless all parties consent.
4. No transcript of the informal hearing is
				  made.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter C - Conduct of Informal Inquiry/Hearing (Non-Adversarial Procedure) › Section XXVII-523 - Evaluating the Findings of the Informal Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the board decides that the subject of
				  the complaint is a violation of the standards, and the disciplinary proceedings
				  are warranted, the board shall then determine whether:
1. the violation merits informal disposition;
				  or
2. a formal hearing will be
				  held.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter C - Conduct of Informal Inquiry/Hearing (Non-Adversarial Procedure) › Section XXVII-525 - Refusal to Respond or Cooperate with the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the licensee does not respond to the
				  original inquiry within 30 days, a follow-up letter shall be sent to the
				  licensee by registered mail or certified mail, return receipt
				  requested.
B. If the licensee
				  refuses to reply to the board's inquiry or otherwise cooperate with the board,
				  the board shall continue its investigation. The board shall record the
				  circumstances of the licensee's failure to cooperate and shall inform the
				  licensee that the lack of cooperation may result in action which could
				  eventually lead to suspension or revocation of license, or other appropriate
				  legal action under the law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter C - Conduct of Informal Inquiry/Hearing (Non-Adversarial Procedure) › Section XXVII-527 - Withdrawal of a Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
				  the complainant wishes to withdraw the complaint, the inquiry is terminated,
				  except in cases where the board judges the issues to be of such importance as
				  to warrant completing the investigation in its own right and in the interest of
				  the public welfare.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter C - Conduct of Informal Inquiry/Hearing (Non-Adversarial Procedure) › Section XXVII-529 - Emergency Action Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. If,
				  at any point in the informal proceedings described above, the board finds that
				  public health, safety, or welfare imperatively requires emergency action, and
				  incorporates a finding to that effect in its order, the board is hereby given
				  authority to obtain a restraining order from a judge of the appropriate court
				  to suspend the license pending formal hearing proceedings for revocation of
				  license or other disciplinary action. This formal hearing shall be promptly
				  instituted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:2816.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 5 - Due Process Procedures for Ethics Violations › Subchapter D - Conduct of Formal Hearing › Section XXVII-535 - Initiating the Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board initiates a formal hearing by issuing full notice of the hearing. A
				  formal hearing may be the result of a complaint made by any manner specified in
				  the informal procedures.
B. Once
				  full notice of the formal hearing has been served, no board member or
				  officially designated hearing officer may communicate with any party to a
				  formal hearing or to that party's representative concerning any issue of fact
				  or law involved in that formal hearing.
C. Full Notice
1. The written notice shall recite specific
				  acts which the licensee is alleged to have committed and shall assert that
				  those acts violate a statute or rule of the board.
2. Notice shall include:
a. a statement of the date, time, place and
				  nature of the hearing;
b. a
				  statement of the legal authority and jurisdiction under which the hearing is to
				  be held;
c. a reference to the
				  particular sections of the statutes, rules or ethical standards
				  involved;
d. a short and plain
				  statement of the matters asserted which shall be the subject of the hearing;
				  and
e. a statement of the rights of
				  the parties.
3. Notice
				  shall be given to all parties 30 days in advance of the proceedings to allow a
				  reasonable opportunity for preparation.
4. The notice shall be delivered by
				  registered or certified mail, return receipt requested. If the licensee cannot
				  be found by this or other reasonable methods, the board may hold a hearing in
				  the licensee's absence.
NOTE: It is the licensee's obligation to keep the board
					 informed of his/her whereabouts.
5. The content of the notice limits the scope
				  of the hearing and of the evidence which may be introduced.
6. If the agency or other party is unable to
				  state the matters in detail at the time the notice is served, the initial
				  notice may be limited to a statement of the issues involved. Thereafter, upon
				  application, a more definite and detailed statement shall be
				  furnished.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 6 - Individuals with Military Training and Military Spouses › Section XXVII-601 - Licensure for Individuals with Military Training and for Military Spouses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding
				any other provision of law to the contrary, the board shall issue a license to
				practice chiropractic to a military trained chiropractor that at the time of
				application to the board satisfies the following conditions:
1. has completed a military program of
				training for chiropractic, been awarded a military occupational specialty in
				chiropractic, and performed in the specialty of chiropractic at a level that is
				substantially equivalent or which exceeds the requirements for licensure in
				this state;
2. has engaged in the
				active practice of chiropractic;
3.
				has not been disciplined in any jurisdiction for an act that would have
				constituted grounds for refusal, suspension, or revocation of a license to
				practice chiropractic in this state at the time the act was
				committed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 6 - Individuals with Military Training and Military Spouses › Section XXVII-603 - Certification of X-ray Proficiency for Individuals with Military Training and for Military Spouses

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Notwithstanding any other provision of law to the contrary, the board shall
				issue a certificate of proficiency in x-ray function to any military-trained
				chiropractic assistant that at the time of application to the board satisfies
				the following conditions:
1. has completed a
				military program in education and training for x-ray function, at a level that
				is substantially equivalent to or which exceeds the requirements for
				certification in this state;
2. has
				not been disciplined in any jurisdiction for an act that would have constituted
				grounds for refusal, suspension, or revocation of a certificate of proficiency
				in x-ray function in this state at the time the act was committed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 7 - Peer Review Committee › Section XXVII-701 - Purpose and Composition of Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Area Covered- state of
				Louisiana.
B. Structure. The peer
				review committee shall function under the Board of Chiropractic Examiners, a
				state agency created and empowered by the legislature to license and regulate
				the practice of chiropractic in Louisiana in accordance with
				R.S.
				37:2801 et seq.,
				R.S.
				37:1734 and
				R.S.
				49:950 et seq.
C. Purpose. The purpose of the committee is
				to review, upon request of any party involved including the chiropractic
				physician himself, any matter relative to the appropriateness of care rendered
				by any doctor of chiropractic licensed to practice and practicing in the state
				of Louisiana, as well as, substance abuse impairments.
D.
1.
				Composition of Committee. The committee shall be comprised of five doctors of
				chiropractic currently licensed by the state of Louisiana and practicing within
				the state of Louisiana, and appointed by the Louisiana Board of
				Examiners.
2. All chiropractors
				chosen to serve on the committee shall attend a peer review school. In that the
				Board of Examiners will be administering and functioning as an appeals option,
				its members shall also attend the peer review school. The Board of Examiners
				shall bear the cost of this special training.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 7 - Peer Review Committee › Section XXVII-702 - Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose
				of claims review, this board authorizes the use of the Chiropractic Manual, 2nd
				Edition, as a reference for assessing the appropriateness of chiropractic
				health care. Recognizing that it is impossible to set forth specific parameters
				of care appropriate for each individual case, the board intends this manual to
				serve only as a general guide for standards of care within the chiropractic
				profession. Specifically, these guidelines are not meant to provide absolute
				"cut-off" points for treatment. In assessing appropriateness of care, it is
				imperative that the reviewer remain sensitive to the normal variants in a
				chiropractic practice and the necessity for treatment tailored to the specific
				needs of each individual patient. The level and frequency of treatment
				implemented should be in accordance with the physical and analytical findings
				substantiated by the appropriate reports and diagnostic information.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2804.G.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 7 - Peer Review Committee › Section XXVII-703 - Procedure for Review (Except Those Concerning the Impaired Chiropractic Substance Abuse Recovery Program)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All reviews will be blind reviews. The identity of the patient and treating
				physician will be unknown to the committee.
B. The review will be conducted upon request
				by any party as defined in
				§701. F Participation
				will be made available to non-requesting party or parties. Participation by the
				non-requesting party or parties is not mandatory.
C. No requests for review shall be assessed
				or actual reviews conducted by the committee unless a quorum is present and
				participating. Three of the five members shall constitute a quorum.
D. A member of the Board of Examiners
				appointed for a one-year term by the board shall serve as chairman of the peer
				review committee and have voting power only in the case of a tie. The board
				member shall review all final decisions of the peer review committee to insure
				proper procedure has been followed in the review process.
1. If the board member determines that proper
				procedure has been followed then the recommendation of the peer review
				committee stands and any party to the review shall have the appeal options set
				out in Subsection E. The board member who serves as chairman of the peer review
				committee shall be recused in the case of appeal to the board.
2. If the board member determines that proper
				procedure has not been followed, he shall state the violation of procedure in
				writing and submit same to the peer review committee at which point the case
				will be reconsidered by the committee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 7 - Peer Review Committee › Section XXVII-704 - Procedure for Review of Substance Abuse Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of this policy is to limit
				alcohol abuse and illegal use of other drugs that are associated with the
				numerous health, safety, and social problems. The performance of chiropractors
				may be adversely affected by engaging in substance abuse. This policy,
				including the prohibitions and provisions therein, will be used to promote and
				safeguard the public from the consequences of alcohol and drug abuse of the
				chiropractic profession.
B. The
				peer review committee may permit an applicant or licensee to actively
				participate in the Impaired Chiropractic Substance Abuse Recovery Program if:
1. the peer review committee has evidence
				that the applicant or licensee is impaired, which includes substance
				abuse;
2. the applicant or licensee
				has not been convicted of a felony relating to substance abuse, which includes
				alcohol or drug abuse, in a court of law of the United States or a court of law
				of any state or territory, or another country;
3. the applicant or licensee enters into a
				written consent order with the peer review committee for a license with
				appropriate restrictions and he timely complies with all the terms of the
				consent order, including making satisfactory progress in the program and
				adhering to any limitations on the licensee's practice imposed by the peer
				review committee to protect the public; and
4. as part of the consent order, the
				applicant or licensee shall sign a waiver allowing the substance abuse program
				to release information to the peer review committee if the applicant or
				licensee does not comply with the requirements of the consent order or the
				program or is unable to practice or work with reasonable skill or
				safety.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter A - General Provisions › Section XXVII-901 - Scope and Purpose of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Scope of Chapter. The rules of this Chapter interpret, implement and provide
				  for the enforcement of
				  R.S.
				  37:1744 and
				  R.S.
				  37:1745, requiring disclosure of a
				  chiropractic physician's financial interest in another health care provider to
				  whom or to which the chiropractic physician refers a patient and prohibiting
				  certain payments in return for referring or soliciting patients.
B. Declaration of Purpose; Interpretation and
				  Application. Chiropractic physicians owe a fiduciary duty to patients to
				  exercise their professional judgment in the best interests of their patients in
				  providing, furnishing, prescribing, recommending, or referring patients for
				  health care items and services, without regard to personal financial
				  recompense. The purpose of these rules and the laws they implement is to
				  prevent payments by or to a chiropractic physician as a financial incentive for
				  the referral of patients to a chiropractic physician or other health care
				  provider for diagnostic or therapeutic services or items. These rules shall be
				  interpreted, construed and applied so as to give effect to such purposes and
				  intent.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1744 and
					 R.S.
					 37:1745.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter B - Illegal Payments › Section XXVII-905 - Prohibition of Payments for Referrals

Current through Register Vol. 50, No. 6, June 20, 2024
A. A chiropractic physician shall not
				  knowingly and willfully make or offer to make any payment, directly or
				  indirectly, overtly or covertly, in cash or in kind, to induce another person
				  to refer an individual to the chiropractic physician for the furnishing or
				  arranging for the furnishing of any health care item or service.
B. A chiropractic physician shall not
				  knowingly and willfully solicit, receive or accept any payment, directly or
				  indirectly, overtly or covertly, in cash or in kind, in return for referring
				  patient to a health care provider for the furnishing or arranging for the
				  furnishing of any health care item or service.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1744 and
					 R.S.
					 37:1745.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter B - Illegal Payments › Section XXVII-907 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Proportionate
				  Return on Investment. Payments or distributions by an entity representing a
				  direct return on investment based upon a percentage of ownership shall not be
				  deemed a payment prohibited by
				  R.S.
				  37:1745.B or by
				  §905 of these rules, provided that:
1. the amount of payment to an investor in
				  return for the investment interest is directly proportional to the amount or
				  value of the capital investment (including the fair market value of any
				  pre-operational services rendered) of that investor;
2. the terms on which an investment interest
				  was or is offered to an investor who is in a position to make or influence
				  referrals to, furnish items or services to, or otherwise generate business for
				  the entity must be no different from the terms offered to other
				  investors;
3. the terms on which an
				  investment interest was or is offered to an investor who is in a position to
				  make or influence referrals to, furnish items or services to, or otherwise
				  generate business for the entity must not be related to the previous or
				  expected volume of referrals, items or services furnished, or the amount of
				  business otherwise generated from that investor to the entity;
4. there is no requirement that an investor
				  make referrals to, be in a position to make or influence referrals to, furnish
				  items or services to, or otherwise generate business for the entity as a
				  condition for becoming or remaining an investor;
5. the entity or any investor does not market
				  or furnish the entity's items or services to investors differently than to
				  non-investors; and
6. the entity
				  does not loan funds to or guarantee a loan for an investor who is in a position
				  to make or influence referrals to, furnish items or services to, or otherwise
				  generate business for the entity if the investor uses any part of such loan to
				  obtain the investment interest.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter B - Illegal Payments › Section XXVII-909 - Effect of Violation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  violation of or failure of compliance with the prohibitions and provisions of
				  §905 shall be deemed a violation of the
				  Chiropractic Practice Act,
				  R.S.
				  37:2801 et seq., as applicable, providing
				  cause for the board to suspend or revoke, refuse to issue, or impose
				  probationary or other restrictions on any license or permit held or applied for
				  by a chiropractic physician culpable of such violation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1744 and
					 R.S.
					 37:1745.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter C - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XXVII-911 - Required Disclosure of Financial Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. Mandatory Disclosure. A chiropractic
				  physician shall not make any referral of a patient outside the chiropractic
				  physician's group practice for the provision of health care items or services
				  by another health care provider in which the referring chiropractic physician
				  has a financial interest (as defined by
				  §903 A), unless, in advance of any
				  referral, the referring chiropractic physician discloses to the patient, in
				  accordance with §915, the existence and nature of such financial
				  interest.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1744 and
					 R.S.
					 37:1745.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter C - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XXVII-913 - Prohibited Arrangements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  arrangement or scheme, including cross-referral arrangements, which a
				  chiropractic physician knows or should know has a principal purpose of ensuring
				  or inducing referrals by the chiropractic physician to another health care
				  provider, which, if made directly by the chiropractic physician would be a
				  violation of §911, shall constitute a violation of §911
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1744 and
					 R.S.
					 37:1745.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter C - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XXVII-915 - Form of Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required
				  Contents. The disclosure required by
				  §911 shall be made in writing, shall be
				  furnished to the patient, or the patient's authorized representative, prior to
				  or at the time of making referral, and shall include:
1. the chiropractic physician's name, address
				  and telephone number;
2. the name
				  and address of the health care provider to whom the patient is being referred
				  by the chiropractic physician;
3.
				  the nature of the items or services which the patient is to receive from the
				  health care provider to which the patient is being referred; and
4. the existence and nature of the
				  chiropractic physician's financial interest in the health care provider to
				  which the patient is being referred.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter C - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XXVII-917 - Effect of Violation; Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Effect of Violation. Any violation of or failure of compliance with the
				  prohibitions and provisions of
				  §911 shall be deemed a violation of the
				  Chiropractic Practice Act,
				  R.S.
				  37:2801 et seq., as applicable, providing
				  cause for the board to suspend or revoke, refuse to issue, or impose
				  probationary or other restrictions on any license or permit held or applied for
				  by a chiropractic physician culpable of such violation.
B. Administrative Sanctions. In addition to
				  the sanctions provided for by §917, upon proof of violation of
				  §911 by a chiropractic physician, the
				  board may order that all or any portion of any amounts paid by a patient, for
				  health care items or services furnished upon a referral by the chiropractic
				  physician in violation of §911, be refunded by the chiropractic physician to
				  such patient and/or third-party payor, together with legal interest on such
				  payments at the rate prescribed by law calculated from the date on which any
				  such payment was made by the patient and/or third-party payors.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1744 and
					 R.S.
					 37:1745.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
				regulations are enacted under the authority of and in accordance with
				R.S.
				37:2153.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in these
				rules and regulations, words and phrases shall be defined as provided in R.S.
				37.2150.1, in
				R.S.
				37:2150-2165, and as otherwise defined in these
				rules and regulations.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-105 - Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before a license
				or registration is issued, the following conditions must be met.
1. The application is complete and all
				required information has been provided to the board.
2. All applicable fees, fines, or other sums
				due to the board are paid in full.
3. All examination or other eligibility
				requirements have been successfully completed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-107 - Report of Changes

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be
				the responsibility of a person licensed or registered by the board to provide
				to the board all of the following information upon application for a license or
				registration and to notify the board in writing within 30 days of any change to
				the following information:
1. the licensee's
				type of business structure (sole proprietorship, partnership, limited liability
				company, corporation, etc.);
2. the
				licensee's business address (physical and U.S. postal service mailing
				address);
3. a telephone, cell
				phone, and facsimile number;
4. the
				licensee's email address;
5. the
				licensee's name;
6. the identity
				and address of the licensee's registered agent;
7. the identity of each officer and the
				office held;
8. the identity or
				address of each partner;
9. the
				identity or address of each member;
10. the licensee's federal tax identification
				number;
11. the licensee's state of
				incorporation;
12. for residential,
				home improvement, or mold remediation contractors, any change in insurance
				including, but not limited to, suspension or cancellation;
13. a bankruptcy judgment whether voluntary
				or involuntary; and
14. any order
				by a court of competent jurisdiction for a license or registrant to cease
				operations or whose operations are closed due to operation of any
				law.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-109 - Qualifying Party [Formerly section 109, 111, 113]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A qualifying party shall be required to
				successfully complete any trade examinations and meet or complete any other
				eligibility requirements.
B.
1. The qualifying party or parties authorized
				to take the examination are those defined in
				R.S.
				37:2156.1 D.
2. An employee selected as qualifying party
				by the licensee shall be required to complete a qualifying party verification
				before examination attesting to his/her eligibility that he/she is a full-time
				employee of the person for whom he/she is seeking to qualify working at least
				32 hours per week and that he/she meet the criteria to be classified as an
employee
as defined by the Internal Revenue Service. The
				qualifying party section of the online application will be certified by the
				employer.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-110 - Reliance upon Exemption (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2150-2192.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-111 - Examination Scheduling [Formerly section 117]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A qualifying party candidate who has been
				approved to take an examination shall be given a means to schedule the
				examination.
B. A candidate who
				fails to appear for the scheduled examination date and time shall forfeit the
				examination fee and be required to submit a new fee before the candidate will
				be allowed to schedule a new examination date.
C. A candidate who fails an examination
				cannot retake the examination for 30 days and shall be allowed to take the
				examination only if all other eligibility requirements have been
				completed.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-113 - Examination Administration Procedures [Formerly section 119]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Administrative
				check-in procedures begin one-half hour before the examinations begin.
				Candidates must report to the testing center for check-in at least 15 minutes
				prior to the examination's start time. Any candidate reporting after the
				15-minute start time may not be allowed admittance to the examination room.
				Every candidate must present valid government-issued photographic
				identification to be admitted to the examination room.
B. The board considers and treats the
				specific content and format of its exams as proprietary and confidential, being
				intellectual property solely owned by the board. Individuals taking any LSLBC
				exam, at any testing location owned or approved by the board, acknowledge that
				no personal items of any sort may be brought into the testing room. This
				specifically includes, but is not limited to, watches, bulky outerwear, paper
				or reference material, or any electronic device capable of storing, sending, or
				receiving data. Any item required to take the exam will be provided by the exam
				proctor and must be returned at the completion of the exam. A locker or other
				method of storage will be provided for personal items. The testing center is
				not responsible for lost, stolen, or misplaced items. Failure of a candidate to
				comply with examination requirements will result in a forfeiture of the
				scheduled exam. Any violation of the above requirements, or any effort to
				otherwise defraud the examination process, shall result in the candidate's exam
				being immediately discontinued and invalidated. The candidate will be notified
				that they are required to appear before the board at its next regularly
				scheduled meeting for consideration of the violation where the board will take
				appropriate action. This may include a finding that the candidate is ineligible
				to take or retake any exam, ineligible to obtain any additional classifications
				to an existing license, and/or revocation of any existing license or qualifying
				party status for a period of up to one year from the date of the board's order.
				If the candidate fails to appear at the scheduled board meeting, the board may
				issue the foregoing penalties plus a monetary penalty.
C. All examination activities are subject to
				being filmed, recorded, or monitored.
D. A candidate taking an examination shall
				not be allowed access to telephones or other communication devices during the
				course of the examination. Candidates shall not leave the testing area during
				the time of the examination.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-115 - Test Item Challenges [Formerly section 121]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A candidate who believes that an
				individual test item may not have a correct answer or may have more than one
				correct answer shall be afforded an opportunity to challenge the test item. The
				candidate shall record his or her comments digitally through the exam interface
				or in writing on a form supplied by the test monitor at the candidate's request
				during the examination. Comments will not be accepted at any other time.
				Comments should provide a detailed explanation as to why the candidate feels
				the item is incorrect. General comments (e.g., "This item is wrong.") will not
				be investigated.
B. Examination
				comments will be reviewed by board staff.
C. If a test item comment is deemed to be
				valid, the grade may be changed based upon test item comment(s).
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-117 - Examination Reviews [Formerly section 123]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Candidate may request a review of their
				examination after two unsuccessful attempts to pass the same examination,
				provided the last test score is within ten points of a passing grade. The
				request must be made through the LSLBC Licensing Web Portal within 60 days of
				the failed examination date. Only questions missed by the qualifying party may
				be reviewed. Standard security procedures will be observed at review sessions.
				Candidates who have reviewed an examination are not eligible to retake the same
				examination for 14 days after the review session. Candidates who fail to appear
				for a scheduled review session are disqualified from reviewing that examination
				at a future date.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-119 - Application of Subsidiary [Formerly section 125]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any application for a license for a
				subsidiary shall be considered as a new application and subject to all laws and
				rules and regulations governing a new application.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-121 - Approval Withheld [Formerly section 127]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the board withholds approval of an
				application for a license or registration, or an application for a qualifying
				party, the applicant or qualifying party shall have the right to apply to the
				board for a hearing to consider the application. After due consideration of the
				applicant's presentation to the board, the board shall be entitled to withhold
				approval or grant approval of the application after consideration of the
				licensing requirements of the Contractors Licensing Law and these rules and
				regulations.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-123 - Licensure and Exemption of Exam for Individuals with Military Training and Experience, Military Spouses and Dependents [Formerly section 129]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				issue a license or registration to an applicant who is a member of the
				military, including United States Department of Defense civilian employees who
				have been assigned to duty in Louisiana, or an applicant who is married to or
				is a dependent of a member of the military or a United States Department of
				Defense civilian employee, if the member or United States Department of Defense
				civilian receives military orders for a change of station to a military
				installation or assignment located in this state or if the member or United
				States Department of Defense civilian has established this state as his state
				of legal residence as reflected in the member's or United States Department of
				Defense civilian's military record if, upon application to the board, all of
				the following conditions are satisfied by the applicant:
1. holds a current and valid occupational
				license in another state in an occupation with a similar scope of practice, as
				determined by the board.
2. has
				held the occupational license in the other state for at least one
				year.
3. has passed any
				examinations, or met any education, training, or experience standards as
				required by the board in the other state.
4. is held in good standing by the board in
				the other state.
5. does not have a
				disqualifying criminal record as determined by the board under the laws of this
				state.
6. has not had an
				occupational license revoked by a board in another state because of negligence
				or intentional misconduct related to the applicant's work in the
				occupation.
7. did not surrender an
				occupational license because of negligence or intentional misconduct related to
				the person's work in the occupation in another state.
8. does not have a complaint, allegation, or
				investigation pending before a board in another state which relates to
				unprofessional conduct or an alleged crime. If there is an existing complaint,
				allegation or investigation pending, the board shall not issue or deny a
				license or registration until the complaint, allegation, or investigation is
				resolved, or the applicant otherwise satisfies the criteria for licensure in
				this state to the satisfaction of the board.
9. pays all applicable fees and meets all
				other requirements for licensure.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-125 - Ownership of License [Formerly section 131]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The license for which a person becomes the
				qualifying party belongs to the licensee, a corporate license belongs to the
				corporation; a partnership license belongs to the partnership; a limited
				liability company license belongs to the limited liability company, and an
				individual license belongs to the individual, regardless of the status of the
				qualifying party of the entity.
B.
				A domestic business entity licensed or registered by the board as a limited
				liability company, business corporation, partnership in commendam, or
				partnership, that converts under the provisions of
				R.S.
				12:1601 et seq., or is a surviving entity
				following a merger pursuant to
				26 U.S.C.
				368(a)(1)(f) where ownership
				of the entity does not change, shall be recognized by the board without having
				to file a new application for a license or registration provided that these
				changes have been reported to the Louisiana Secretary of State. Prior to
				updating a license or registration of the converted entity or surviving entity,
				the converted entity or surviving entity must furnish a copy of the revised
				certificate(s) of insurance in the new name of the converted entity or
				surviving entity for any coverage required for the issuance of the updated
				license or registration.
C. An
				updated license or registration issued pursuant to Subsection B of this Section
				shall have an effective date retroactive to the effective date of the
				conversion as stated on the certificate of conversion, or the merger as stated
				on the certificate of merger.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165 and
				  R.S.
				  12:1308.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-127 - Name [Formerly section 133]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				licensed or registered by the board shall bid, contract, and perform work in
				the name as it appears on the current license or registration and the official
				records of the Licensing Board for Contractors.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-129 - Contractor's Recordkeeping [Formerly section 135]

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the responsibility of each
				person licensed or registered by the board to maintain current records for five
				years showing compliance with contractor licensing laws and rules and
				regulations for all contracts, subcontracts and subcontractors performing work
				or providing services on a construction project. Upon request by the board or
				any employee of the board, such records shall be made available for review
				and/or copies provided to the board employee in person or by electronic means.
				The failure to maintain current records or the failure to furnish copies of any
				requested records or documents within 72 hours after receipt of notice
				requesting production of the records shall constitute a violation of this rule
				and may result in disciplinary action by the board.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-131 - Fee for Licenses [Formerly section 137]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The annual fee for licenses for the
				following year may be set by the board at its July meeting each year. If a new
				fee is not set, the fee(s) for the prior year shall continue to be in full
				force and effect until changed by the board.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2165.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-133 - Name (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2192.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-135 - Contractor's Recordkeeping (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2192.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 1 - Applications and Licensing › Section XXIX-137 - Fee for Licenses (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2150-2192.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIX - Contractors › Chapter 3 - Classifications › Section XXIX-303 - Raising a Residential Structure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
House Raising
is defined
				as the process of either separating a structure or building from its
				foundation, lifting the structure or building from under the foundation, or any
				other method of lifting the structure or building for the purpose of relocation
				or changing the structure or building's elevation. It does not include lifting
				or moving a portion of the structure or building for the purpose of leveling
				due to settlement.
B. Only those
				persons holding one of the below licensed contractor classifications may bid or
				perform raising of residential structures when the dollar value exceeds seven
				thousand five hundred dollars:
1. building
				construction;
2. rigging, house
				moving, wrecking, and dismantling;
3. foundations for buildings, equipment, or
				machinery;
4. foundations and pile
				driving.