reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 9 - Licensure of Electrologists and Instructors › Section XXXV-905 - Licensure of Instructor

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may issue a license to any person as an instructor of electrology,
				subject to the restrictions provided herein and rules promulgated pursuant to
				R.S.
				37:3051-3077. No person shall teach or instruct
				electrology or its allied courses who does not hold both a valid license to
				practice electrology and a valid instructor's license issued by the board in
				accordance with the provisions of R.S. 3051-3077.
B. The board shall not license as an
				instructor of electrology any person who does not file with it a verified
				application thereof, accompanied by the appropriate application fee required,
				together with evidence verified by oath and satisfactory to the board, that the
				applicant:
1. meets all the requirements to
				practice electrology in this state and holds a current license to practice
				electrology in this state;
2. has
				practiced as a licensed electrologist for at least five years.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 9 - Licensure of Electrologists and Instructors › Section XXXV-907 - Notification by Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
				investigation of the applicant and other evidence submitted, the board shall
				notify each applicant that the application and evidence submitted for
				consideration is satisfactory and accepted, or unsatisfactory and rejected. If
				an applicant is rejected, the notice shall state the reasons for the
				rejection.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 9 - Licensure of Electrologists and Instructors › Section XXXV-909 - Examination Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				examination shall be given at least four times each year at a time and place as
				is determined by the board. Should the number of applicants warrant, additional
				examinations may be scheduled at the discretion of the chairman and public
				notice shall be given.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 9 - Licensure of Electrologists and Instructors › Section XXXV-911 - Examination Form

Current through Register Vol. 50, No. 6, June 20, 2024
A. The examination
				form is the sole property of the board and any unauthorized use is
				prohibited.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 11 - Examination Requirements for Electrologists › Section XXXV-1101 - Receipt of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				applications for the State Board Examination must be received by the board at
				least 30 days prior to the date of said examination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 11 - Examination Requirements for Electrologists › Section XXXV-1103 - Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each applicant
				shall provide his subject for the practical and a consultation demonstration.
				Instructors or persons who have been or are affiliated with a school or
				apprenticeship program of electrology shall not be present during any part of
				the licensure examination. Within 30 days after the examination, the official
				in charge shall deliver the test results to the board. Applicant will be
				notified by mail of test results. If a candidate fails one or more parts of an
				examination, he may take the parts in which he has failed in a subsequent
				examination upon payment of a $15 examination fee. If after two attempts the
				examination is not satisfactorily completed, the candidate thereafter shall be
				required to repeat and take the entire examination within one year of original
				examination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1301 - Requirements for Licensure of Schools of Electrolysis

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each applicant for a license to conduct a
				school of electrolysis shall submit the following to the board:
1. a fully completed written application
				form;
2. the required application
				fee; and
3. a surety bond approved
				by the board in the amount of $1,000 per student, or a sum amount not to exceed
				$10,000 per school in favor of the state of Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1303 - Sanitary Requirements for Schools, Apprenticeship Programs, and Electrology Offices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				electrolysis school, apprenticeship program and electrology office shall be
				adequately lighted, well ventilated and kept in a clean and sanitary condition
				at all times.
B. In compliance with
				recommendations of the Centers for of Disease Control (CDC), all electrology
				schools, apprenticeship programs, and electrology offices shall be equipped
				with either a dry heat sterilizer or steam heat autoclave to be used in
				accordance with the manufacturer's instructions. A new unopened presterile
				disposable type probe shall be used for each client treatment. Techniques of
				sterilization of other instruments shall be the same as is used in hospitals,
				using pressure heat, dry heat, or any other method of sterilization deemed
				appropriate by the board. All other instruments must be thoroughly cleansed
				with soap and water and then wiped clean with 70 percent alcohol solution
				before being placed in one of the following sterilization units. The
				instruments must then be sterilized following the manufacturer's proper
				sterilization procedures. These temperatures must be maintained during the
				complete sterilization cycle:
1. saturated
				steam, 250o F, 15 psi, 30 minutes; and
2. dry heat, 340o
				F for 60 minutes or 320o F for 120
				minutes.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1305 - Additional Requirements for Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every school shall prominently display its
				license near the entrance. Licensure of the school is for one location only.
				Each location must apply separately. Every electrologist shall display his
				license and renewal certificate in a conspicuous place in his principal office.
				Every electrologist who maintains more than one office shall display in a
				conspicuous place in every branch office a duplicate license, per
				§1901. A 9, provided
				by the board.
B. Every school shall
				furnish to each student upon enrollment a true signed copy of the school
				contract and a copy of the school manual text covering the complete school
				curriculum as approved by the board.
C. Within 10 days after each student's
				enrollment every school shall furnish the board with:
1. the name, address, date of enrollment,
				telephone number and specification of day or evening class of each student,
				recorded on the board's record of enrollment form;
2. a certificate signed by a licensed
				physician stating that the student is free of contagious or communicable
				disease;
3. a signed copy of the
				student's permission to receive electrolysis treatment, and any restrictions
				thereof.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1306 - Curriculum Regulations for Electrolysis Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. All electrolysis schools shall maintain
				the following course of studies for their students.
1. Every school teaching electrolysis shall
				maintain a course of study of not less than 600 hours, extending over a period
				of not less than six months. Each course shall include 150 hours of academic
				study and 450 hours of clinical experience.
2. No student shall devote more than five
				days a week and no more than six hours a day to formal training in electrolysis
				including clinical experience.
3.
				The 450 hours of clinical experience shall involve epilation whereby the
				licensed instructor demonstrates how to proceed on each area to be treated,
				namely the legs, body, arms, face (including hairline and eyebrow shaping and
				all other areas not specifically prohibited in
				§105 B)
4. The 150 hours of academic study shall
				include the following:
a. histology of hair and skin structure
35
b. bacteriology, sterilization and hygiene (basic
							 fundamentals)
27
c. electricity (principles of electricity, its
							 effects and uses)
20
d. basic dermatology
21
e. physiology (emphasis on endocrinology)
25
f. equipment (approved electrolysis epilators and
							 necessary equipment for an electrolysis office)
10
g. professional conduct and office management
							 including Chapter 40 statutes and rules and regulations
12
TOTAL
150
Hours
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1307 - Additional Requirements for Offices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every electrology office shall have a
				separate entrance away from residential rooms.
B. Separate toilet facilities must be made
				available without entering residential rooms.
C. Separate facilities for hand washing shall
				be provided separate from residential rooms.
D. Every office of electrolysis shall comply
				with Louisiana statutes and applicable ordinances regarding public health and
				safety standards for treating patients which conform to the board's rules and
				regulations.
E. Every office shall
				be provided with such instruments, implements, or equipment that are pertinent
				to the practice of electrolysis.
F.
				All devices, instruments, and epilators, shall conform to the Federal FDA Rules
				and Regulations relating to such devices as amended, May 29, 1976, and shall be
				FCC approved.
G. A professional
				lamp will be focused on the treatment area at all times.
H. Professional type forceps shall be used in
				the treatment of patients.
I.
				Before treatments are administered, the electrologist, instructor, or student
				must explain the following matters to the patient:
1. the procedure;
2. treatment;
3. after care treatment;
4. possible effects of treatment;
				and
5. treatment fee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1309 - Regulations for Apprenticeship Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. "Apprentice" is a person who is engaged in
				learning electrolysis within an electrology office or clinic, under the
				supervision of a licensed electrologist instructor.
B. The petition for approval must show that:
1. the apprentice shall be provided with
				equipment necessary to learn all phases of electrology;
2. the apprentice shall be provided at least
				six consecutive months of direct supervision during a course of training;
				and
3. the owner is responsible for
				the activities of the electrologist's apprentice under his supervision and
				instruction:
a. the owner shall provide proof
				of a surety bond approved by the board in the amount of $1,000 per student, or
				a sum not to exceed $10,000 per apprenticeship program in favor of the state of
				Louisiana;
b. understands that
				failure on the owner's part to abide by these rules is a ground for revocation
				or suspension of license; and
c.
				each supervisor or instructor of an apprenticeship program must offer 450 hours
				of training in clinical experience and 150 hours of academic study as specified
				in these rules and regulations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1313 - Additional Requirements for Apprenticeship Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every apprenticeship program shall display
				prominently the license of the instructor near the entrance. Licensure of the
				apprenticeship program is for one location only. Each location must apply
				separately.
B. Every apprenticeship
				program shall furnish to each apprentice upon enrollment a true signed copy of
				the apprentice contract and a copy of the apprenticeship program manual text
				covering the complete apprenticeship program.
C. Within 10 days after each apprentice
				enrollment, the apprenticeship program shall furnish the board with:
1. the name, current address, date of
				enrollment, telephone number, and specifications of day or evening classes of
				each apprentice, as recorded on the board's record of enrollment
				form;
2. a certificate signed by a
				licensed physician stating that the apprentice is free of contagious or
				communicable disease;
3. a signed
				copy of the apprentice's permission to receive electrolysis treatment, and
				restrictions thereof.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 13 - Schools, Offices, Apprenticeship Programs; Apprenticeship Program Practitioners Premises › Section XXXV-1315 - Curriculum Regulations for Electrolysis Apprenticeship Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. All electrolysis
				apprenticeship programs shall maintain the following courses of study for their
				apprentices.
1. Every apprenticeship program
				teaching electrolysis shall maintain a course of study of not less than 600
				hours, extending over a period of not less than six months. Each course shall
				include 150 hours of academic study and 450 hours of practical
				training.
2. No apprentice shall
				devote more than five days a week and no more than six hours a day to formal
				training in electrolysis including clinical experience.
3. The 450 hours of practical training shall
				involve epilation whereby the licensed instructor demonstrates how to proceed
				on each area to be treated, namely the legs, arms, body, face, (including
				hairline and eyebrow shaping and all other areas not specifically prohibited in
				§105 B
4. The 150 hours of academic study shall
				include the following.
a. histology of hair and skin structure
35
b. bacteriology, sterilization and hygiene (basic
							 fundamentals)
27
c. electricity (principles of electricity, its
							 effects and uses)
20
d. basic dermatology
21
e. physiology (emphasis on endocrinology)
25
f. equipment (approved electrolysis epilators and
							 necessary equipment for an electrolysis office)
10
g. professional conduct and office management
							 including Chapter 40 statutes and rules and regulations
12
TOTAL
150
Hours
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 14 - Electrologist Technician › Section XXXV-1401 - Licensure of Electrologist Technician

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall license and issue an
				appropriate certificate to any person who files a verified application,
				accompanied by the appropriate application fee, with evidence, verified under
				oath and satisfactory to the board, that he is at least 18 years of age, of
				good moral character, has graduated from an accredited high school or
				equivalent (has submitted proof of G.E.D.), and has successfully completed a
				course in practical training of electrolysis in a school of electrology which
				maintains the standards established and approved by the board or that he has
				completed a like number of hours in the subject areas specified in an
				apprenticeship program approved by the board, at the time of certification is
				free of infectious disease, has successfully completed the written and
				practical test, and is current with all fees owed to the board, and has
				completed at least 110 hours of clinical experience, 90 hours of lectures on
				insertion techniques, modalities, healing, regrowth problems, and office
				management.
B. Application fee for
				an electrologist technician shall be the same as provided in the
				R.S.
				37:3072.A(1).
C. The board may license any person as an
				electrologist technician who has successfully completed the provisions of
				R.S.
				37:3063.C(2) and passes the appropriate
				written and practical examinations. The electrologist technician must work
				under the direct supervision of a licensed electrologist or licensed
				electrologist instructor and provide the name of the supervising electrologist
				to the board. A licensed electrologist technician may upgrade his license to
				that of an electrologist by completing the additional theory and practical
				hours in school or an electrologist apprenticeship program and by passing the
				appropriate board examination.
D.
				If a student fails one or more parts of an examination, the student may take
				the parts in which he has failed in a subsequent examination upon payment of a
				$15 examination fee. If, after two attempts, the examination is not
				satisfactorily completed, the student thereafter shall be required to repeat
				and take the entire examination within one year of the date of the original
				examination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 14 - Electrologist Technician › Section XXXV-1403 - Requirements for Electrologist Technician

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each licensed electrologist technician may
				provide services only under the direct supervision of a licensed electrologist
				or a licensed instructor of electrology and provide the name, address, and
				license number of the supervising electrologist to the board.
B. The licensed electrologist technician
				shall comply with the current regulations for sanitary requirements, proper
				sterilization, license renewals, and professional conduct in the boards rules
				and regulations.
C. The
				electrologist technician shall not give formal consultations by phone or in the
				office.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 14 - Electrologist Technician › Section XXXV-1405 - Requirements for Instructor of Electrologist Technician

Current through Register Vol. 50, No. 6, June 20, 2024
A. No instructor shall devote more than five
				days a week and no more than six hours a day to formal training in electrolysis
				including practical experience and extending over a period of not less than two
				months.
B. Electrologist technician
				students shall submit to the board in writing every month a record of the time
				completed by every electrologist technician student in practical and
				theoretical work.
C. No
				electrologist technician student may be supervised by another student or
				apprentice.
D. The board approved
				school or apprenticeship program shall provide an identification badge to each
				student. The badge shall include the student's name, picture, and
				school.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 14 - Electrologist Technician › Section XXXV-1407 - Requirements of Supervising Electrologists

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each supervising licensed electrologist
				shall be responsible for the activities of the electrologist technician under
				his/her direct supervision.
B. Have
				on file each patient's signed statement verifying that he/she is aware of being
				treated by a licensed electrologist technician which may be checked upon
				inspection by the board.
C. The
				supervising licensed electrologist shall furnish the board with the name,
				address, and license number of the electrologist technician under their
				supervision. The board must be contacted if the electrologist technician ceases
				to be under the direct supervision of the licensed electrologist.
D. Each licensee must display his or her
				license in the treatment room. Each duplicate license will be provided by the
				board after payment of a $25 duplicate license fee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 14 - Electrologist Technician › Section XXXV-1409 - Curriculum Regulations for the Electrologist Technician

Current through Register Vol. 50, No. 6, June 20, 2024
A. The 110 hours of clinical experience shall
				involve epilation whereby the licensed instructor demonstrates how to perform
				electrolysis on areas to be treated on the face and body not specifically
				prohibited in
				§105. B of the rules
				and regulations.
B. The 90 hours of
				academic study shall include the following.
1. histology of hair and skin structure
30
2. bacteriology and sterilization
20
3. electricity and equipment
15
4. basic dermatology
15
5. professional conduct and hygiene (including
							 statutes and state board rules and regulations)
10
90
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 15 - License › Section XXXV-1501 - License

Current through Register Vol. 50, No. 6, June 20, 2024
A. After notice and
				an opportunity for hearing, the board may suspend or revoke any license or
				certificate issued to any electrologist for any of the following causes:
1. conviction of a crime;
2. fraud, deceit, or perjury in obtaining a
				diploma or certificate of licensure;
3. habitual drunkenness;
4. habitual use of morphine, opium, cocaine,
				or other drugs having similar effect;
5. deceiving or defrauding or attempting to
				deceive or defraud the public;
6.
				obtaining or attempting to obtain payment for electrolysis services by fraud,
				deceit, or perjury;
7.
				incompetency, gross negligence, or gross misconduct in professional
				activities;
8. intentional
				violation of federal, state or municipal laws or regulations relative to
				contagious and infectious diseases or other public health matters.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 15 - License › Section XXXV-1503 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each license
				to practice electrology in this state shall be renewed annually on or before
				December 1 of each year upon application thereof accompanied by the renewal fee
				prescribed in
				R.S.
				37:3072.A and, beginning December 31, 1999,
				proof that the applicant has completed at least three hours of continuing
				education approved by the board.
B.
				Continuing Education Guidelines
1. The board
				may grant an extension of up to six months for completion of the continuing
				education requirements to any person who applies to the board in writing for an
				extension and shows good cause.
2.
				In addition to the continuing education requirements of
				§1503. A and B.1,
				license renewal for an instructor's license shall include completion of an
				additional two hours of continuing education approved by the board. The board
				may grant an extension of up to six months for completion of the continuing
				education requirements to any person who applies to the board in writing for an
				extension and shows good cause.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1701 - Due Process Procedure for Ethics Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unethical conduct shall be determined on
				the basis of the provisions of the rules and regulations of the State Board of
				Electrolysis Examiners, Ethical Standards of Electrologists, and other
				provisions included in the
				R.S.
				37:3051-3077, specifically if an electrologist:
1. has been convicted of a felony or any
				offense involving moral turpitude; or including mind or mood altering drugs or
				substances;
2. is using any
				narcotic or any alcoholic beverage, to an extent or in a manner dangerous to
				himself, or any other person, or the public, or to an extent that such use
				impairs his ability to perform the work of a professional electrologist with
				safety for the public welfare; or
3. has impersonated another person holding a
				license as an electrologist or allowed another person to use his license;
				or
4. has used fraud or deception
				in applying for a license or in taking an examination provided for in the Act;
				or
5. has accepted commissions or
				rebates or other forms of remuneration for referring clients to other persons;
				or
6. has allowed his name or
				license issued under the Act to be used in connection with any person or
				persons who perform electrolysis services outside of the area of their
				training, experience, or competence; or
7. has willfully or negligently violated any
				of the provisions of the Act by licensed electrologists.
Note: The board will answer complaints regarding the ethical
				  practices of non-licensed persons by making referrals elsewhere when
				  appropriate; agencies, private legal counsel, or the district attorney of the
				  appropriate judicial district.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1703 - Complaints and Inquiries

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				receipt of complaints or inquiries, the board will take immediate action.
1. Anonymous letters of complaint against
				individuals shall not be recognized as a basis for formal action.
2. If the information in the complaint is
				insufficient, the board may request further information by either written
				correspondence or an informal hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1705 - Conduct of an Informal Inquiry/Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Informal Inquiry (Non-Adversarial)
				Procedures
1. The licensee shall be provided
				adequate prior notice of the informal inquiry and possible hearing of the
				issues to be discussed. Adequate notice includes:
a. informing the licensee in writing that a
				complaint has been filed;
b. a
				short and plain statement of the nature of the complaint;
c. a reference to the particular sections of
				the statutes, rules, and/or ethical standards of the board which appear to have
				been involved;
d. copies of the law
				and the rules and regulations of the board; and
e. 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 XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1707 - 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 finds the issues to be of such significance 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.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1709 - Emergency Action

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 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.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1713 - Formal Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Conduct of the Hearing
1. The members of the
				board shall be present for the hearing.
2. The hearing shall be conducted in
				accordance with the Administrative Procedure Act,
				R.S.
				49:955-966.
a.
				Opportunity shall be afforded all parties to respond and present evidence on
				all facts relating to the issues involved; and opportunity for argument on all
				issues of law, fact and policy involved; and to conduct such cross-examination
				as may be required for a full and true disclosure of facts.
b. Objections to evidentiary offers shall be
				made at the time of the hearing and shall be noted in the record.
3. The hearing will be open to the
				public.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1715 - Final Decision of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board must determine whether the facts
				in the case support the charges brought against the licensee. It must determine
				whether the charges are a violation of
				R.S.
				37:3051-3077 the Ethical Standards of
				Electrologist or other rules and regulations of the board.
B. The board accepts a proposed order from
				the hearing officer setting for the findings of facts and conclusions in whole
				or in part. Any board member not present at the hearing must revise the record
				prior to such decision.
C. The
				decision must be accompanied by a statement of the reasons for the decisions
				and must dispose individually of each issue of fact or law necessary from the
				hearing officer.
D. The board's
				decision shall be based on the evidence and the proposed decision from the
				hearing officer.
E. The vote of the
				board shall be recorded and made a part of the decision. A simple majority vote
				must be obtained in order for an ethics violation to be judged to have
				occurred.
F. The board determines
				the sanctions appropriate and consistent with the law. The board may decide
				rather than to revoke or suspend a license, to censure the licensee. The vote
				for censure is a simple majority vote.
G. The final decision of the board shall be
				delivered to each party by registered or certified mail, return receipt
				requested.
H. The final decision of
				the board shall be delivered within 30 days of the close of the
				hearing.
I. The final decision of
				the board shall become effective 15 days after the receipt of notification of
				all parties, provided that there is no appeal. Publication shall be withheld
				until that date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1717 - Appeal of Board Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				petition by a party for reconsideration of hearing must be in writing and filed
				with the board within 15 days after receipt of the board's decision. The
				petition must set forth the grounds for rehearing which must be one of the
				following:
1. the board's decision is clearly
				contrary to the law and the evidence; or
2. there is newly discovered material
				evidence, which was not available to the licensee at the time of the hearing
				and which may be sufficient to reverse the board's action; or
3. there is a showing that issues not
				previously considered ought to be examined in order to render a decision which
				is just and fair; or
4. it would be
				in the public interest to further consider the issues and the evidence;
				or
5. in the interest of justice
				and fairness, consideration of the issue must be reheard.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1719 - Case Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complete
				case record shall be maintained for each formal hearing.
B. The record shall be retained until the
				time for any appeal has expired, or until all appeals have been
				concluded.
C. The case record shall
				be composed of all material officially noted.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1721 - Notification of Final Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				completion of the final decision, or expiration of the time for any appeal or
				conclusion of appeals, the board shall notify the following of its action:
1. all licensed electrologists;
2. all affected parties; and
3. all affected professional
				organizations.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 19 - Fees › Section XXXV-1901 - Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				fix and collect uniform fees, which shall not exceed the following amounts for
				each type of fee and which shall not be refundable.
1. Application fee for license to practice
							 electrology
$200
2. Application fee for certificate of annual renewal
							 of license to practice electrology
$100
3. Application fee for license of electrology school
							 (each location)
$500
4. Application fee for certificate of annual renewal
							 of license of electrology school (each location)
$300
5. Application fee for license of apprenticeship
							 program (each location)
$200
6. Application fee for certificate of annual renewal
							 of apprenticeship school (each location)
$100
7. Application fee for instructor's license
$150
8. Application fee for certificate of annual renewal
							 of instructor's license
$100
9. Application fee for issuing annual duplicate
							 certificate of licenses (each location)
$ 25
10. Delinquency fee for renewal of any license
$ 50
11. Re-testing fee
$ 15
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 19 - Fees › Section XXXV-1903 - Deposit of Fees and Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				fees received by the board and all fines collected under the provision of these
				rules shall be deposited in the State Board of Electrolysis Examiners' account.
				The board shall have authority to expend the funds in said account for the
				operating expenses of the board and for other expenses incurred in the
				administration and enforcement of this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 21 - Penalty › Section XXXV-2101 - Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whoever violates
				any provision of this Part, upon conviction shall be fined not less than $300
				or more than $500, and/or be imprisoned for not more than six months, or both.
				Each day of violation shall constitute a separate offense.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3051.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 1 - General Provisions › Section XXXVII-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms
Board, Embalmer, Funeral Directing, Funeral Director, Crematory,
				Crematory Retort Operator
,
Intern
, and
Certificate,
are as defined in Section 831 of the embalming
				statute, as amended by Act 19 of 1966 and Act 1243 of 2003.
B.
Establishment
- a licensed
				funeral home which shall consist of the following: adequate parlors or chapel,
				adequate separate toilet facilities for both men and women, an adequate climate
				control system, display room, office or arrangement room, embalming room and
				other furnishings, equipment and facilities of suitable and dignified quality
				with signage sufficient to be visible from the street to adequately serve the
				public.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:831 and
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 1 - General Provisions › Section XXXVII-103 - Duties of Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				president shall be the presiding officer at all meetings and is required to
				call a meeting at least once a year or more often, if necessary, for the proper
				and efficient performance of the board's functions. In the absence of the
				president, the vice president shall assume these duties.
B. The secretary shall keep a record of the
				proceedings of all meetings of the board and of all other matters of which a
				record shall be ordered by the board. He shall issue all notices of meetings of
				the board; prepare an agenda for and keep minutes of such meetings, and a
				record of individual attendance at the meetings of the board; and shall perform
				all such other duties as are usually incident to his office or as may be
				required by the president or the board.
C. The duties of the treasurer shall be to
				comply with
				R.S.
				37:838 of Act 19, 1966.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:831 and
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 1 - General Provisions › Section XXXVII-105 - Special Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Special
				meetings of the board may be called by the president at any time. Special
				meetings may also be called upon the written request of three members, which
				request must specify the purpose of the meeting, and the president then shall
				call such a meeting. Notice of such special meeting specifying the purpose
				thereof shall be mailed by the secretary to each member at least five days in
				advance of the date set for such special meeting.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:831 and
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 1 - General Provisions › Section XXXVII-107 - Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use of
				misleading or false advertising will constitute unprofessional conduct. The
				following classes of advertising shall be deemed to be misleading:
1. advertising the price of caskets
				exclusively, without stating that the price does not include other merchandise
				and services, since the natural inference of the public is that the advertised
				price of caskets includes the price of the service;
2. offering service at "cost" plus a
				percentage, when the determination of the "cost" lies within the control of the
				funeral director or embalmer and is not advertised and included within the
				General Price List of the funeral home;
3. advertising or sale of certificates or
				stock participation or any form of agreement which creates the impression with
				the purchaser, when such is not a fact, that he becomes a part owner in the
				advertiser's establishment and therefore entitled to special price privileges
				for funeral services;
4.
				advertising which impugns the honesty, trustworthiness, of the business or
				professional standards of competitors, or which states that the prices charged
				by competitors are considerably higher than those charged by the advertiser,
				when such is not the fact;
5.
				advertising which represents the advertiser to be the special defender of the
				public interest or which makes it appear that the advertiser is subjected to
				the combined attack of competitors. Such expressions as "independent," "not in
				the trust," "not controlled by the combine," and other expressions having the
				same import shall be deemed to be misleading unless it be shown by the
				advertiser that there is a "trust," or a "combine" and that other funeral
				directors constitute a monopoly for the purpose of maintaining prices or for
				any other purpose; and the burden of proving such "trust," "combine," or
				"monopoly" shall be upon the advertiser asserting the existence of the
				same.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 1 - General Provisions › Section XXXVII-109 - Attire for Embalmers and Crematory Retort Operators

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each Louisiana licensed embalmer or
				intern, while engaged in embalming a dead human body, shall be attired in a
				clean and sanitary smock or gown; and the body being embalmed shall at all
				times be covered so as to insure the privacy of said body.
B. Each Louisiana licensed embalmer or
				intern, while engaged in embalming a dead human body, shall be properly attired
				to provide for his/her own safety as well as the safety of others and in that
				regard, it is suggested that the proper attire of the embalmer or intern shall
				include the following:
1. a sanitary
				waterproof disposable gown, apron or smock;
2. clean and sanitary rubber or latex
				gloves;
3. a mask or some other
				type of protective shield for eye and face protection; or
4. any other applicable safety devices
				required by OSHA.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 1 - General Provisions › Section XXXVII-111 - Mandatory Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				funeral establishment in this state and/or the funeral service licensee thereof
				shall give or cause to be given to the person or persons making funeral
				arrangements, either at need or pre-need, or arranging for the disposition of a
				dead human body, at the time such arrangements are completed and prior to the
				time of rendering the service and/or providing the merchandise, a written
				statement showing to the extent then known:
1.
				the price of the service that the person or persons have selected and what is
				included therein;
2. the price of
				each of the supplemental items of service and/or merchandise
				required;
3. the amount involved
				for each of the items for which the firm will advance monies as an
				accommodation of the family;
4. the
				method of payment.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 1 - General Provisions › Section XXXVII-113 - Right of Care of Remains

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				funeral establishment, its employees, and licensees shall not respond to a
				death call unless properly contacted and requested.
B. When determining the right of care of
				remains the funeral establishment shall look to the provisions of
				R.S.
				8:655 as a guideline to determine the order
				of preference in dealing with representatives of the deceased for interment
				and/or the provisions of
				R.S.
				37:876 as a guideline as it relates to
				cremation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 3 - Application › Section XXXVII-301 - Application Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications for
				a funeral director license or an embalmer and funeral director license shall be
				made on forms as provided by the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 3 - Application › Section XXXVII-303 - Notarization; Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for
				license shall be sworn to by applicant before a notary public and be
				accompanied by a fee as established by the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 3 - Application › Section XXXVII-305 - Filing of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applications shall be filed with the secretary of the board after the
				completion and successful passing of the examination, or certification
				procedure as mandated by the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-501 - Place and Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. Examinations
				shall be held at those times as the board may deem necessary and expedient
				either:
1. at such other location(s) as
				approved by the board.