reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter B - Requirements and Qualifications for License › Section XLV-3911 - Qualifications for Certificate of Advanced Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be eligible for a certificate of
					 advanced practice an applicant shall, as of the date of application to the
					 board, have:
1. a current, unrestricted
					 license as a MP duly issued by the board and not be the subject of an
					 investigation or pending disciplinary proceeding by the board;
2. practiced as a MP for at least three of
					 the past four years. With respect to individuals licensed under the alternative
					 qualification provided in
					 Section
					 3909 of this Chapter, such
					 experience shall be deemed to have commenced on the date that the applicant's
					 initial certificate of prescriptive authority was issued by the
					 LSBPE;
3. as a MP, treated at least
					 one hundred patients which demonstrate the competence of the medical
					 psychologist. Of this number at least 25 shall have involved the use of major
					 psychotropics and at least 25 shall have involved the use of major
					 antidepressants;
4. received the
					 written recommendation of two collaborating physicians who hold a current,
					 unrestricted license to practice medicine in this state duly issued by the
					 board, who are familiar with the applicant's competence to practice medical
					 psychology;
5. received a favorable
					 recommendation from the committee; and
6. completed a minimum of one hundred hours
					 of continuing medical education relating to the use of medications in the
					 management of patients with psychiatric illnesses, commencing with:
a. initial issuance of a certificate of
					 prescriptive authority by the LSBPE if prior to January 1, 2010; or
b. the date the MP is licensed by the board
					 after January 1, 2010.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter C - Application › Section XLV-3913 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter govern the procedures and requirements for application
					 to the board for a license to practice medical psychology.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter C - Application › Section XLV-3915 - Application Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Application must be made and submitted in a format approved by the board and
					 shall include:
1. proof, documented in a form
					 satisfactory to the board, that the applicant possesses the qualifications set
					 forth in this Chapter, along with a recent photograph;
2. certification of the truthfulness and
					 authenticity of all information, representations and documents contained in or
					 submitted with the completed application;
3. criminal history record
					 information;
4. payment of the fee
					 provided in Chapter 1 of these rules; and
5. such other information and documentation
					 as the board may require.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter D - Board Approval of Schools, Colleges, Universities, or Institutions › Section XLV-3919 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter prescribe the requirements for board approval of a
					 school, college, university or institution for the purpose of assessing
					 qualifications for medical psychology licensure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter D - Board Approval of Schools, Colleges, Universities, or Institutions › Section XLV-3921 - Applicability of Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Successful completion of a post-doctoral master's degree in clinical
					 psychopharmacology from a regional accredited institution approved by the board
					 is among the educational qualifications required for MP licensure.
B. The completion of training approved by the
					 board that is equivalent to a post-doctoral master's degree in clinical
					 psychopharmacology is an alternative educational qualification for MP
					 licensure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter D - Board Approval of Schools, Colleges, Universities, or Institutions › Section XLV-3923 - Approval of Schools and Colleges

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 A school, college, university or institution shall be concurrently considered
					 approved by the board for purposes of qualification under this Chapter provided
					 it:
1. is accredited by one of the six
					 regional bodies recognized by the United States Department of Educations'
					 Council on Postsecondary Accreditation;
2. has achieved the highest level of
					 accreditation or approval awarded by statutory authorities of the state in
					 which the school or college is located;
3. offers a full-time post-doctoral master's
					 program in clinical psychopharmacology that:
a. includes curriculum instruction in each of
					 the following areas:
i. anatomy and
					 physiology;
ii.
					 biochemistry;
iii. neurosciences to
					 include neuroanatomy, neuropathology, neurophysiology, neurochemistry and
					 neuroimaging;
iv.
					 pharmacology;
v.
					 psychopharmacology;
vi. clinical
					 medicine/pathophysiology; and
vii.
					 health assessment, including relevant physical and laboratory assessment;
					 and
b. provides
					 opportunity to review, present and discuss each of the following:
i. case examples representing a broad range
					 of clinical psychopathologies;
ii.
					 medical conditions presenting as psychiatric illness;
iii. treatment complexities, including
					 complicating medical conditions, diagnostic questions, choice of medications,
					 and untoward side effects;
iv.
					 compliance problems; and
v.
					 alternative treatments and treatment failures.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter D - Board Approval of Schools, Colleges, Universities, or Institutions › Section XLV-3925 - Withdrawal of Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Notwithstanding current or prior approval pursuant to this Subchapter or by
					 individual determination, the board's approval of any school, college,
					 university or institution may be withdrawn at any time upon its affirmative
					 finding that such school, college, university or institution does not possess
					 the qualifications for approval specified by this Subchapter or by the MP
					 Act.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter E - Examination › Section XLV-3927 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter designate the examination, passing score,
					 restrictions, limitations and exceptions applicable to medical psychologist
					 licensure in this state.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter E - Examination › Section XLV-3929 - Designation of Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 MP licensing examination approved and accepted by the board, pursuant to
					 R.S.
					 37:1360.55 B(3), is the Psychopharmacology
					 Examination for Psychologists (PEP), developed by the American Psychological
					 Association practice organization's College of Professional Psychology and its
					 contractor, the Professional Examination Service, or their successor(s)
					 organizations.
B. The PEP or such
					 other examination as the board may approve shall:
1. be taken after the successful completion
					 of the post-doctoral master's program in clinical psychopharmacology;
					 and
2. not less than three years
					 prior to the date of MP application.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter E - Examination › Section XLV-3931 - Passing Score

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant
					 will be deemed to have successfully passed the examination upon attaining a
					 score equivalent to the passing score required by the PEP and its contractor,
					 the Professional Examination Service, or their successor(s)
					 organizations.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter E - Examination › Section XLV-3933 - Restriction, Limitations on Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants shall be required to authorize
					 the PEP and the Professional Examination Service to release their testing
					 scores to the board each time the applicant-examinee attempts the examination
					 according to the procedures for such notification established by the
					 PEP.
B. An applicant having failed
					 to attain a passing score upon taking the examination four times shall not
					 thereafter be considered for licensure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter F - Licensure Issuance, Termination, Renewal, Reinstatement › Section XLV-3935 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter prescribe the requirements applicable to issuance,
					 termination, renewal and reinstatement of a license to practice medical
					 psychology in this state.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter F - Licensure Issuance, Termination, Renewal, Reinstatement › Section XLV-3937 - Issuance of Licensure; Certificate of Advanced Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the qualifications, requirements, and
					 procedures set forth in this Chapter are met to its satisfaction the board
					 shall issue a license to the applicant to engage in the practice of medical
					 psychology in this state.
B. If the
					 qualifications, requirements, and procedures set forth in this Chapter are met
					 to its satisfaction the board shall issue a certificate of advanced practice to
					 the applicant to engage in the advanced practice of medical psychology in this
					 state.
C. A license or certificate
					 issued under this Chapter shall designate the applicant's status with respect
					 to advanced practice.
D. Every MP
					 is responsible for updating the board within 15 days should any of the required
					 contact information submitted with an application change after license or
					 certificate issuance.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter F - Licensure Issuance, Termination, Renewal, Reinstatement › Section XLV-3939 - Expiration of License, Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Every license or certificate issued under this Chapter shall expire and thereby
					 become null, void and to no effect the following year on the last day of June
					 B. The timely submission of a properly completed application for renewal of a
					 license shall operate to continue an expiring license, and if applicable a
					 certificate of advanced practice, in full force and effect pending
					 renewal.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter F - Licensure Issuance, Termination, Renewal, Reinstatement › Section XLV-3941 - Renewal of License, Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every license or certificate issued by the
					 board shall be renewed annually on or before the last day of June by submitting
					 to the board a properly completed renewal application, in a format specified by
					 the board, together with the renewal fee prescribed by Chapter 1 of these rules
					 and documentation of:
1. satisfaction of the
					 continuing professional education requirement prescribed by this Chapter;
					 and
2. maintenance of basic life
					 support.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter F - Licensure Issuance, Termination, Renewal, Reinstatement › Section XLV-3943 - Reinstatement of Expired License or Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. A license or certificate that has expired
					 without renewal may be reinstated by the board provided that application is
					 made within two years of the date of expiration.
B. A MP whose license and/or certificate has
					 expired for a period in excess of two years or who is otherwise ineligible for
					 reinstatement under this Section may apply to the board for an initial original
					 license or certificate pursuant to these rules.
C. An applicant seeking reinstatement more
					 than one but less than two years from the date on which his or her license or
					 certificate expired shall demonstrate, as a condition of reinstatement,
					 satisfaction of the continuing professional education required by these rules
					 for each year since the date of the license expiration. As additional
					 conditions of reinstatement the board may require that the applicant:
1. complete a statistical affidavit and
					 provide a recent photograph;
2.
					 take and successfully pass:
a. all or a
					 designated portion of the national examination required for licensure under
					 this Chapter;
b. a written
					 certification or recertification examination acceptable to the board;
					 and/or
c. demonstrate clinical
					 competency by successfully completing a program designated by the board,
					 following consultation with the committee, and any recommended
					 remediation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter G - Medical Psychology Advisory Committee › Section XLV-3945 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter identify the constitution, functions and
					 responsibilities of the medical psychology advisory committee to the
					 board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter G - Medical Psychology Advisory Committee › Section XLV-3947 - Constitution, Function and Responsibilities of Advisory Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
					 constitute and appoint a Medical Psychology Advisory Committee which shall be
					 organized and function in accordance with the MP Act and these rules.
B. Composition. The committee shall be
					 comprised of five members, consisting of:
1.
					 one physician selected from a list of names submitted by the Louisiana State
					 Medical Society, and recommended by Louisiana Psychiatric Medical Association
					 and LAMP, who is certified in the specialty of psychiatry by a member board of
					 the American Board of Medical Specialties or the American Osteopathic
					 Association; and
2. four medical
					 psychologists selected by the board from a list of names recommended by
					 LAMP.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter H - Continuing Education › Section XLV-3949 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter provide standards for the continuing professional
					 education required for annual renewal of a license to practice as a medical
					 psychologist, and prescribe procedures applicable to satisfaction and
					 documentation thereof.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter H - Continuing Education › Section XLV-3951 - Continuing Education Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be eligible for license renewal a MP
					 shall evidence and document in a format specified by the board the successful
					 completion of 35 hours of approved continuing professional education that
					 includes:
1. not less than 20 hours of
					 continuing medical education relevant to the practice of medical psychology;
					 and
2. not less than fift15een
					 hours of continuing education in psychology.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter H - Continuing Education › Section XLV-3953 - Qualifying Programs and Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be acceptable as qualified continuing
					 professional education under these rules, an activity or program must have
					 significant intellectual or practical content, dealing primarily with matters
					 related to medical psychology or psychology, and its primary objective must be
					 to maintain or increase the participant's competence as a MP.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter H - Continuing Education › Section XLV-3955 - Approval of Program Sponsors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 category 1 education program, course, seminar or activity offered or sponsored
					 by the organizations set forth in this Section shall presumptively be deemed
					 approved by the board for purposes of qualifying as an approved continuing
					 professional education.
B. Approved
					 sponsors of continuing medical education for practitioners licensed under this
					 Part shall include the Louisiana Academy of Medical Psychologists, the
					 Louisiana State Medical Society, the Louisiana Psychiatric Medical Association,
					 the State of Louisiana Department of Health and Hospitals Office of Behavioral
					 Health or its successor, sponsors accredited by the Accreditation Council for
					 Continuing Medical Education approved to offer category 1 educational
					 activities, and other sponsors as may be approved by the board.
C. Approved sponsors for continuing education
					 in psychology shall include the Louisiana Psychological Association, the
					 American Psychological Association, the Louisiana Academy of Medical
					 Psychologists, the state of Louisiana Department of Health and Hospitals,
					 Office of Behavioral Health or its successor, and other sponsors as may be
					 approved by the board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter H - Continuing Education › Section XLV-3957 - Documentation Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 format or method specified by the board for documenting and certifying
					 completion of continuing professional education shall be completed by licensees
					 and returned with an annual renewal application.
B. Any certification of continuing
					 professional education activities not presumptively approved or preapproved in
					 writing by the board pursuant to these rules shall be referred to the committee
					 for its evaluation and recommendations. If the committee determines that an
					 activity certified by an applicant for renewal in satisfaction of continuing
					 education requirements does not qualify for recognition by the board or does
					 not qualify for the number of continuing education units claimed by the
					 applicant, the board shall give notice of such determination to the applicant
					 for renewal. The board's decision with respect to approval and recognition of
					 any such activity shall be final.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter H - Continuing Education › Section XLV-3959 - Failure to Satisfy Continuing Education Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant for license renewal who fails
					 to evidence satisfaction of the continuing professional education requirements
					 shall be given written notice of such failure by the board. The license of the
					 applicant shall remain in full force and effect for a period of 60 days
					 following the mailing of such notice, following which it shall be deemed
					 expired, unrenewed, and subject to revocation without further notice, unless
					 the applicant shall have, within such 60 days, furnished the board satisfactory
					 evidence, by affidavit, that:
1. applicant
					 has satisfied the applicable continuing professional education requirements;
					 or
2. applicant's failure to
					 satisfy the continuing professional education requirements was occasioned by
					 disability, illness, or other good cause as may be determined by the
					 board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 39 - Medical Psychologists › Subchapter H - Continuing Education › Section XLV-3961 - Waiver of Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 board may, in its discretion, waive all or part of the continuing professional
					 education required by these rules in favor of a MP who makes written request
					 for such waiver and evidences to the satisfaction of the board a permanent
					 physical disability, illness, financial hardship, or other similar extenuating
					 circumstances precluding the MP's satisfaction of the continuing professional
					 education requirements.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270,
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 40 - Continuing Medical Education on Controlled Dangerous Substances › Subchapter A - General Provisions › Section XLV-4001 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
					 this Subchapter provide for the one-time continuing medical education (CME)
					 requirement for controlled dangerous substances prerequisite to license renewal
					 of an authorized prescriber, and prescribe definitions and the procedures
					 applicable to approved/qualifying CME, credit for satisfaction, documentation,
					 non-compliance, an exception and conflict resolution with other CME rules of
					 this Part.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(8), 1270(B)(6),
						37:621,
						37:628,
						37:1360.23
						and
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 40 - Continuing Medical Education on Controlled Dangerous Substances › Subchapter A - General Provisions › Section XLV-4003 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
					 Subchapter, the following terms and phrases shall have the meanings specified.
Authorized Prescriber
-a physician,
						podiatrist, physician assistant, medical psychologist and any other category of
						health care provider as may hereafter be licensed by the board under this Part,
						whose scope of practice includes authority to prescribe, dispense, or
						administer CDS.
Board
-the Louisiana State Board of
						Medical Examiners, as constituted under
						R.S.
						37:1263.
Controlled Dangerous Substances
or
CDS
-any substance defined, enumerated or included in federal
						or state statute or regulations  21 CFR §§ 1308.11-15  or
						R.S.
						40:964, or any substance which may hereafter
						be designated as a controlled substance by amendment or supplementation of such
						regulations and statute.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(8), 1270(B)(6),
						37:621,
						37:628,
						37:1360.23
						and
						37:1360.51-1360.72.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 2 - Licensure and Certification › Chapter 40 - Continuing Medical Education on Controlled Dangerous Substances › Subchapter A - General Provisions › Section XLV-4005 - Continuing Medical Educational Requirement for Controlled Dangerous Substances

Current through Register Vol. 50, No. 6, June 20, 2024
A. CME
					 Requirement for Authorized Prescribers of CDS. Notwithstanding any other
					 provision of this Part, every authorized prescriber seeking the renewal of a
					 license for the first time on and after January 1, 2019, shall, as part of the
					 CME required by this Part, and as a condition prerequisite to licensure
					 renewal, successfully complete three hours of CME approved by the board on CDS
					 prescribing practices (the CME requirement). Such CME shall include instruction
					 relating to drug diversion training, best practices regarding prescribing of
					 CDS, appropriate treatment for addiction and, for physicians, the treatment of
					 chronic pain. The CME requirement may be satisfied by completing a three-hour
					 CME program, three one-hour CME programs, or any other combination of CME
					 programs totaling three-hours.
B.
					 Approved/Qualifying Continuing Medical Education Programs. Any:
1. category 1 CME program sponsored or
					 offered by an organization or entity approved under
					 Sections
					 437 D or 3955 of this Part to
					 sponsor or offer CME for purposes of license renewal of physicians,
					 podiatrists, physician assistants, or medical psychologist, respectively, shall
					 be deemed approved for purposes of satisfying the CME requirement provided:
a. the board or its designee determines the
					 CME program adequately addresses the areas of required instruction set forth in
					 Section 4005 A; and
b. such
					 organization or entity is capable of submitting proof of an attendees
					 completion of the CME activity electronically to the board;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Section XLV-4201 - 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
				  physician's financial interest in another health care provider to whom or to
				  which the physician refers a patient and prohibiting certain payments in return
				  for referring or soliciting patients.
B. Declaration of Purpose; Interpretation and
				  Application. 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 physician as a financial incentive for the referral of patients to a
				  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,
					 37:1745,
					 and
					 37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter A - Illegal Payments › Section XLV-4205 - Prohibition of Payments for Referrals

Current through Register Vol. 50, No. 6, June 20, 2024
A. A 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 physician for the furnishing or arranging for the furnishing of any
					 health care item or service.
B. A
					 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 a 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.
						37:1745 and
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter A - Illegal Payments › Section XLV-4207 - 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
					 §4205 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 XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter A - Illegal Payments › Section XLV-4209 - 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 provision of
					 §4205 of this Chapter shall be deemed a
					 violation of the Medical Practice Act,
					 R.S.
					 37:1285 or of the Podiatry Practice Act,
					 R.S.
					 37:624, 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 physician
					 culpable of such violation.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1745 and
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter B - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XLV-4211 - Required Disclosure of Financial Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. Mandatory Disclosure. A physician shall
					 not make any referral of a patient outside the physician's group practice for
					 the provision of health care items or services by another health care provider
					 in which the referring physician has a financial interest (as defined by §4203.
					 A.3 and §4211 B), unless, in advance of any such referral, the referring
					 physician discloses to the patient, in accordance with
					 §4215 of this Chapter, the existence and
					 nature of such financial interest.
B. Special Definition: Significant Financial
					 Interest. As to a physician, an ownership or investment interest shall be
					 considered "significant," within the meaning of §4211 A, if such interest
					 satisfies any of the following tests.
1. Such
					 interest, in dollar amount or value, represents five percent or more of the
					 gross assets of the health care provider in which such interest is
					 held.
2. Such interest represents
					 five percent or more of the voting securities of the health care provider in
					 which such interest is held.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter B - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XLV-4213 - Prohibited Arrangements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 arrangement or scheme, including cross-referral arrangements, which a physician
					 knows or should know has a principal purpose of ensuring or inducing referrals
					 by the physician to another health care provider, which, if made directly by
					 the physician would be a violation of §4211, shall constitute a violation of
					 §4211
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1744 and
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter B - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XLV-4215 - Form of Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Required Contents. The disclosure required by
					 §4211 of this Chapter 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 the referral, and shall
					 include:
1. the 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 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
					 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 XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter B - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XLV-4217 - 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 provision of
					 §4211 of this Chapter shall be deemed a
					 violation of the Medical Practice Act,
					 R.S.
					 37:1285 or of the Podiatry Practice Act,
					 R.S.
					 37:624, 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 physician
					 culpable of such violation.
B.
					 Administrative Sanctions. In addition to the sanctions provided for by §4217,
					 upon proof of violation of
					 §4211 by a physician, the board may
					 order that all or any portion of any amounts paid by a patient, and/or by any
					 third-party payer on behalf of a patient, for health care items or services
					 furnished upon a referral by the physician in violation of §4211, be refunded
					 by the physician to such patient and/or third-party payer, 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
					 payers.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1744 and
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter B - Disclosure of Financial Interests in Third-Party Health Care Providers › Section XLV-4219 - Appendix-Disclosure of Financial Interest Form

Current through Register Vol. 50, No. 6, June 20, 2024
[Name of Physician/Group]
[Address]
[Telephone Number]
_________________
DISCLOSURE OF
FINANCIAL INTEREST
As Required by
						R.S.
						37:1744 and
LAC 46:XLV.4211-4215
___________________
TO:
______________________________________________________
DATE: ____________
(Name of Patient to Be Referred)
_____________________________
(Patient Address)
_____________________________
Louisiana law requires physicians and other health care
						providers to make certain disclosures to a patient when they refer a patient to
						another health care provider or facility in which the physician has a
						significant financial interest. [I am/we are] referring you, or the named
						patient for whom you are legal representative, to:
________________________________________
(Name and Address of Provider to Whom Patient is
						Referred)
to obtain the following health care services, products,
						or items:
_________________________________________
(Purpose of the Referral)
[I/we] have a financial interest in the health care
						provider to whom we are referring you, the nature and extent of which are as
						follows:
____________________________________________
____________________________________________
____________________________________________
PATIENT ACKNOWLEDGEMENT
I, the above-named patient, or legal representative of
						such patient, hereby acknowledge receipt, on the date indicated and prior to
						the described referral, of a copy of the foregoing Disclosure of Financial
						Interest.
_______________________________________
(Signature of Patient or Patient's
						Representative)
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1744 and
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter C - Prohibition on Rural Physician Self Referral › Section XLV-4231 - Scope and Purpose of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Scope of Chapter. The rules of this Chapter implement enforcement of
					 R.S.
					 37:1308, which prohibits physician referral
					 of health care services to a healthcare facility, located within the primary
					 service area of a rural hospital, in which the referring physician or an
					 immediate family member of the referring physician maintains a direct or
					 indirect ownership interest.
B.
					 Declaration of Purpose. Interpretation and Application. Rural hospitals are an
					 essential part of the healthcare delivery system in this state. For many, rural
					 hospitals and the full time emergency room services they offer provide the only
					 healthcare services readily available. The development of healthcare facilities
					 that duplicate services in the primary service areas of rural hospitals
					 endangers their continued existence by reducing revenue and potentially leading
					 to the closure or reduction of access to hospital and emergency room services.
					 The purpose of these rules and the laws they implement is to encourage
					 innovative collaboration between and among rural hospitals and physicians in
					 the delivery of services in rural areas. 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.
						37:1270, R.S.
						37:1306-1310.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral › Subchapter C - Prohibition on Rural Physician Self Referral › Section XLV-4235 - Physician Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
					 as provided in §4337 of this Subchapter, no physician shall make a referral to
					 any healthcare facility for the receipt of healthcare services in which the
					 referring physician or an immediate family member of the referring physician
					 maintains a direct or indirect ownership interest. The prohibition contained in
					 this Section shall only apply if both of the following conditions are met:
1. the physician provides professional
					 medical services within the primary service area of a rural hospital;
					 and
2. the healthcare facility in
					 which the physician or any immediate family member of the physician maintains a
					 direct or indirect ownership is located within the primary service area of any
					 rural hospital.