reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIX - Nursing Facility Administrators › Chapter 16 - Certified Nurses Aide Register › Section XLIX-1601 - Operation of CNA Registry

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall establish and operate a state register which shall include
				information mandated by the U.S. DHHS on certified nurse aides. The register
				shall be operated consistent with an inter-agency agreement with the Louisiana
				Department of Health and Hospitals' Division of Health Services
				Financing.
B. Information contained
				in the register shall be available to administrators of health care facilities
				as determined by DHH which shall be responsible for the actual certification of
				nurse aides and shall determine when a nurse aide is eligible to be placed on
				the register together with the listing of any violations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2504.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIX - Nursing Facility Administrators › Chapter 16 - Certified Nurses Aide Register › Section XLIX-1603 - Certificate of Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
				requested, the board shall impose a fee for issuing a certificate, or a card of
				certification as provided in Chapter 12 of this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2504.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIX - Nursing Facility Administrators › Chapter 17 - Applicability, Legal Effect, Separability › Section XLIX-1701 - Applicability, Legal Effect, Separability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules and regulations of the Louisiana
				Board of Examiners of Nursing Facility Administrators are in concert with the
				new rules and regulations of the
Louisiana Register
, pursuant
				to the Louisiana Administrative Procedure Act (R.S.
				49:950 et seq.).
B. In addition to the above, the rules of
				parliamentary procedure as laid down in
Roberts Rules of Order, Newly
				Revised
shall govern all meetings of the board.
C. These revised rules and regulations shall
				take effect on January 1, 1991, and shall replace those rules and regulations
				previously effective April 1, 1970; and revised on January 20, 1971; July 1,
				1972; March 7, 1973; July 1, 1974; July 1, 1975; April 1, 1976; July 1, 1977;
				July 1, 1978; July 1, 1979; July 1, 1980; July 1, 1981; July 1, 1982; July 1,
				1983; July 1, 1985; July 1, 1987; and July 1, 1989.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2504.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-101 - Preamble

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				State Board of Optometry Examiners governs the practice of optometry in
				accordance with the Optometry Practice Act (the "Act"),
				R.S.
				37:1041 et seq.
1. The Act is incorporated herein by
				references, as though copied in full.
2. The Act is the source of the board's
				authority. Primary reference should be made to the act in determining the rules
				governing the operation of the board. The following rules supplement and
				further the purposes of the Act.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-103 - Rulemaking Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall be governed by the provisions of the Optometry Practice Act,
				R.S.
				37:1041 et seq., and the Administrative
				Procedure Act,
				R.S.
				49:950 et seq., in adopting rules for the
				operation of the board and the practice of optometry.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-105 - Legislative History

Current through Register Vol. 50, No. 6, June 20, 2024
A. The practice
				of optometry in Louisiana was initially governed by Act 193 of 1918, which was
				amended by Act 181 of 1920.
B. Act
				172 of 1921 revised the law as it then existed.
C. In 1950, Louisiana adopted the revised
				statutes which codified existing legislation. The practice of optometry is
				currently governed by Chapter 12, Title 37 of the Revised Statutes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-107 - Organization of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Introduction. See the provision of the Act relative to the organization of the
				board, in particular, R.S. 37:1041-1048.
B. Definitions
1. As used in this Part, the following terms
				have the meaning ascribed to them in this Section, unless the context clearly
				indicates otherwise.
2. Masculine
				terms shall include the feminine and, when the context requires, shall include
				partnership and/or professional corporations.
3. Where the context requires, singular shall
				include the plural or plural shall include the singular.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-109 - Employment Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				optometrist, duly licensed under the provisions of the Louisiana Optometry Law
				as set forth in
				R.S.
				37:1041 et seq. is prohibited from accepting
				employment as an optometrist from:
1. a
				corporation other than a professional optometric corporation or professional
				medical corporation organized pursuant to Title 12 of the Louisiana Revised
				Statutes and domiciled in the state of Louisiana;
2. a partnership or limited liability
				company, unless such partnership or limited liability company is domiciled in
				the state of Louisiana and each partner or member, as the case may be, is:
a. an optometrist or physician duly licensed
				as an optometrist or physician in the state of Louisiana; or
b. a professional optometric corporation or
				professional medical corporation described above in Paragraph A.1 of this
				Section; or
3. an
				individual, unless such individual is duly licensed as an optometrist or
				physician in the state of Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-111 - Prohibition of Fee Splitting

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				optometrist, duly licensed under the provisions of the Louisiana optometry law
				as set forth in
				R.S.
				37:1041 et seq. shall not divide, share,
				split, or allocate, either directly or indirectly, any fee for optometric
				services or materials with any person, corporation, partnership, or other
				entity, other than through an affiliation with:
1. a professional optometric corporation or
				professional medical corporation organized pursuant to title 12 of the
Louisiana Revised Statutes
and domiciled in the state of
				Louisiana;
2. a partnership or
				limited liability company domiciled in the state of Louisiana and for whom each
				partner or member, as the case may be, is:
a.
				an optometrist or physician duly licensed as an optometrist or physician in the
				state of Louisiana; or
b. a
				professional optometric corporation or professional medical corporation
				described above in Paragraph A.1 of this Section;
3. an optometrist or physician duly licensed
				as an optometrist or physician in the state of Louisiana;
4. a licensed hospital or hospital
				affiliate;
5. a licensed ambulatory
				surgical center owned in full or in part by Louisiana-licensed physicians or
				optometrists;
6. a government
				sponsored healthcare program or facility;
7. an entity that is a combination or joint
				venture of the entities authorized under this §111 A
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-112 - Controlling Professional Judgment of Optometrist

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding
				§109 of this Part, it shall be unlawful
				and constitute a violation of this Section for any optometrist to enter into
				any contract, agreement or other arrangement that allows any person,
				corporation, partnership, or other entity, to control or attempt to control the
				professional judgment, the manner of practice, or the practice of an
				optometrist. For purposes of this Section, "control or attempt to control the
				professional judgment, the manner of practice, or the practice of an
				optometrist" shall include, but not be limited to:
1. setting, dictating or attempting to
				influence the professional fees charged for patient care, other than through a
				contract, agreement or other arrangement with a person or entity described in
				§111 A;
2. exerting or attempting to influence
				independent professional judgment, patient care, or any matter affecting the
				health and well-being of a patient, or the ability of an optometrist to provide
				such care;
3. restricting or
				attempting to restrict an optometrists freedom to see patients on an
				appointment basis;
4. terminating
				or threatening to terminate any lease, agreement, or other relationship in an
				effort to control the professional judgment and/or manner of practice of an
				optometrist;
5. making or
				guaranteeing a loan to an optometrist in excess of the value of the collateral
				securing the loan;
6. regulation of
				the optometrists business hours, other than through a contract, agreement or
				other arrangement with a person or entity described in
				§111 A;
7. taking custody or control of the
				optometrists business and patient records; or
8. the specification of particular
				treatments, drugs, products, services, procedures, or optical goods to be
				dispensed or prescribed for a patient.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-113 - Referrals

Current through Register Vol. 50, No. 6, June 20, 2024
A. No optometrist
				shall offer, make, solicit, or receive payment, directly or indirectly, overtly
				or covertly, in cash or in-kind, for referring or soliciting
				patients.
B. No optometrist shall
				make referrals outside the same group practice as that of the referring
				optometrist to any other health care provider, licensed health care facility,
				or provider of health care goods and services including but not limited to
				medical suppliers, and therapeutic services when the referring optometrist has
				a financial interest served by such referral, unless in advance of any such
				referral the referring optometrist, discloses to the patient, in writing, the
				existence of such financial interest.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-115 - Patient Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All medical
				records of a patient, including but not limited to prescriptions, files,
				patient records and business records, maintained in the office of an
				optometrist are the property and business records of the optometrist.
B. An optometrist shall furnish each patient,
				upon request of the patient, or his or her legal representative, a copy of any
				information related in any way to the patient which the optometrist has
				transmitted to any company, or any public or private agency, or any person in
				accordance with
				R.S.
				40:1299.96.
C. A patient, or his or her legal
				representative, shall have a right to obtain a copy of any medical records
				relating to the patients medical treatment, history, or condition, including
				but not limited to any unexpired prescription, in accordance with
				R.S.
				40:1299.96, provided, however, a patient
				shall not be entitled to obtain business records of the optometrist.
D. A patient, or his or her legal
				representative, shall be entitled to obtain a copy of such patient's medical
				records in accordance with Subsections B and C of this Section, upon furnishing
				a signed authorization and upon payment of a reasonable copying charge, not to
				exceed $1 per page for the first 25 pages, $0.50 cents per page for 26 to 500
				pages, and $0.25 cents per page thereafter, a handling charge not to exceed $5,
				and actual postage in accordance with
				R.S.
				40:1299.96. A patient shall have a right to
				obtain copies of patient X-rays upon payment of reasonable reproduction
				costs.
E. In the event medical
				records furnished to a patient pursuant to this Section are not complete, the
				copy of the records furnished hereunder may indicate, through a stamp,
				coversheet, or otherwise, that the record is incomplete in accordance with
				R.S.
				40:1299.96.
F. An optometrist shall not falsely create or
				alter a medical record or destroy a medical record except as authorized by
				law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 1 - General Provisions › Section LI-117 - Hearings and Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may summon witnesses and compel the attendance of witnesses, as well as
				conduct hearings on proceedings to revoke, limit or suspend a license or
				certificate to practice optometry in Louisiana as provided in
				R.S.
				37:1048.
B. Witnesses shall cooperate with the board
				in investigating any matter before the board and shall respond to any lawful
				demand for information, except for an openly expressed claim of a
				constitutional privilege.
C.
				Failure to cooperate with the board in investigating any matter before the
				board, or to respond to any lawful demand for information, except for an openly
				expressed claim of a constitutional privilege, may be considered a violation of
				R.S.
				37:1063 and grounds for suspension or
				revocation of a Louisiana optometry license or certificate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 5 - Practicing Optometry › Section LI-501 - Professional Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following acts or omissions constitute a failure by the optometrist to abide by
				the minimal standards of acceptable and prevailing optometry practice, as set
				forth in
				R.S.
				37:1061(10).
1. Failure to keep the visual welfare of the
				patient uppermost at all times, promote the best care of the visual needs of
				mankind, strive continuously to develop educational, professional, clinical and
				technical proficiency and keep informed as to the new developments within his
				profession.
2. Failure to conduct
				his or her practice in a decorous, dignified and professional manner and in
				keeping with the rules, regulations and ethics as promulgated by this
				board.
3. Engaging in conduct which
				endangers the public health or renders the licensee unable to practice
				optometry with safety to the public, including inability to practice optometry
				with reasonable skill or safety to patients because of mental illness,
				interdiction or commitment by due process of law, or deficiency or physical
				illness, including but not limited to deterioration through the aging process
				or loss of motor skills, shall be grounds for suspension or revocation of any
				optometry license.
4. Sexual
				misconduct, including, but not limited to, any improper act of sexual intimacy,
				contact, exposure, gratification, abuse, exploitation or other sexual behavior
				with or in the presence of a patient or any other individual related to the
				practice of optometry.
5. Engaging
				in the practice of optometry while under the influence of a mood-altering
				substance that compromises or has the potential to compromise an optometrists
				medical judgment or practice, irrespective of whether or not prescribed by an
				optometrist or authorized practitioner.
6. Using the term "board certified" or "Board
				Certified" in connection with their title, name, business or practice except to
				reference certification by organizations approved by the Louisiana State Board
				of Optometry Examiners.
7. Failing
				to report to the board:
a. any adverse action
				taken by another licensing jurisdiction, government agency, law enforcement
				agency, or court; or
b. any other
				act, event, or occurrence required to be reported pursuant to Louisiana Revised
				Statute §37:1061, or that would constitute grounds for disciplinary action
				pursuant to this Section, which report shall be in writing and within 30 days
				of such adverse action, act, event or occurrence.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 5 - Practicing Optometry › Section LI-503 - License to Practice Optometry

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Introduction. See the provisions of the Act relative to the license to practice
				optometry, in particular,
				R.S.
				37:1049 et seq.
B. Graduate of Approved School. Optometric
				educational programs that are duly accredited by the Accreditation Council of
				Optometric Education of the American Optometric Association and recommended to
				the board by the Association of Regulatory Boards of Optometry as worthy of
				approval will meet the statutory requirement of
				R.S.
				37:1049(3).
C. Duplicate License. The secretary of the
				board, subject to prior board approval, may issue a duplicate certificate upon
				application of a licensed optometrist in good standing if all provisions of the
				Act applicable to the licensed optometrist have been satisfied and the
				applicant has paid the fee prescribed in
				§801
D. Beginning Practice. Upon beginning
				practice, a licensee shall notify the secretary of the board as to the address
				of his office and the telephone number. If any time any office has relocated,
				the licensee involved shall notify the secretary of his new office address and
				telephone number. If, for any reason, he ceases to practice, he shall so notify
				the secretary.
E. Continuing
				Education. In order to qualify for the annual license renewal required by
				R.S.
				37:1057, the following information shall be
				presented to the secretary of the board:
1.
				Written certification that the doctor requesting license renewal has completed
				12 hours of continuing education, or 16 hours of continuing education if the
				doctor maintains a current certificate to treat ocular pathology, between
				January 1 and December 31 of each year immediately preceding the March 1
				renewal date set forth in
				R.S.
				37:1057 by attendance and completion of
				courses approved by the Louisiana State Board of Optometry Examiners.
2. Education hours will not qualify unless
				they are completed within the above stated calendar period.
3. While the education hours shall be
				accomplished within the calendar dates set forth in Paragraph 1 hereof, the
				written evidence of attendance shall be submitted on or before the first day of
				March of each calendar year provided that same is in the office of the
				secretary of the board on or before the first day of March of each calendar
				year in which license renewal is sought.
4. The requirement shall only be waived in
				cases of certified illness, certification by the commanding officer of those in
				the military that due to his military assignment it was impossible for him to
				comply or upon evidence satisfactory to the board that the applicant for
				renewal was unable to meet the requirement because of undue hardship.
5. Pay to the board the annual renewal fee
				provided in
				R.S. 37:1058 and
				§801 herein on or before the first day of
				March of each year.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 5 - Practicing Optometry › Section LI-505 - Prescriptions for Eyeglasses or Contact Lenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. To constitute a valid spectacle
				prescription, every spectacle prescription for use in correcting errors of
				refraction and restoring, as near as possible, normal human vision shall
				contain in a legible form the name, address, telephone number and license
				number of the provider, the name of the patient, the prescription date,
				refractive power (including spherical power, cylindrical power, axis, prism,
				and multifocal addition power, as applicable), and may contain information
				specifying the physical design (i.e. base curve, material type, and other
				pertinent measurements such as pupillary distance). Every spectacle
				prescription shall contain an expiration date and the signature of the provider
				issuing the prescription. The expiration date may not exceed 18 months, unless
				the provider documents a valid medical reason in the chart for doing
				so.
B. Contact lenses may not be
				sold or dispensed without a signed, unexpired prescription. Every contact lens
				prescription shall contain, in a legible form, the name, address, telephone
				number and license number of the provider, the name of the patient, the
				prescription date, brand or material, curvature and lens diameter (if more than
				one base curve and diameter is available), refractive power (including
				spherical power, cylindrical power, axis, and multifocal addition power, as
				applicable), the number of lenses/boxes to be dispensed,. An optometrist, when
				issuing a prescription for contact lenses, shall also include the number of
				refills allowed and the expiration date of the prescription. The expiration
				date may not exceed 12 months, unless the provider documents a valid medical
				reason in the chart for doing so.
C. An optometrist, when filling a
				prescription for eyeglasses or contact lenses, shall be required to keep the
				original prescription, copy, or electronic facsimile of the original
				prescription. An optometrist may not refuse to release to a patient a copy of
				the patient's prescription if requested by the patient; provided, however, an
				optometrist shall not be required to release a prescription that has
				expired.
D. A spectacle
				prescription shall not be construed to be or substituted for a contact lens
				prescription nor shall a contact lens prescription be construed to be or
				substituted for a spectacle prescription.
E. No owner, employer, or agent of any
				business establishment that buys, sells, offers to sell, dispenses, or gives
				away prescription or non-prescription contact lenses, or prescription spectacle
				lenses may fill a contact lens or spectacle prescription after the expiration
				date, or if the information specified in Subsections A and B of this Section is
				not included on the prescription.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 5 - Practicing Optometry › Section LI-507 - Licensure by Endorsement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may license by endorsement, an optometrist who holds a license that was
				obtained by examination from another state or territory of the United States
				subject to the following conditions.
1. An
				applicant for licensure by endorsement must have been engaged in the active
				practice of optometry within 12 months immediately preceding his or her
				application, except as otherwise provided in
				R.S.
				37:3651 with respect to individuals with
				military training and/or military spouses. For purposes of this Section, active
				practice means directly involved with patient care on day to day
				basis.
2. An applicant will not be
				considered for licensure by endorsement in the state of Louisiana if he or she
				has failed the Louisiana practical examination within two years preceding the
				date on which the application for endorsement is filed.
3. The applicant must not have committed any
				act that would constitute a material violation of the Louisiana laws and/or
				LSBOE rules and regulations as determined in the discretion of the board.
				Furthermore, he or she must not be the subject of any pending or unresolved
				board action or malpractice in this or any other state or territory;
4. An applicant for licensure by endorsement
				must meet all of the qualifications for regular state licensure as set forth in
				R.S.
				37:1049 and LAC 46:LI.503, except as
				otherwise provided by applicable law or regulations of the board, and except
				that the applicant shall not be required to sit for any portion of the
				examination required by
				R.S.
				37:1051 other than the laws portion as
				required by Paragraph E.4 of this Section; provided, however, the waiver
				provided for by
				R.S.
				37:1054 (endorsement) is within the
				discretion of the board and the board shall refer to the laws provided for the
				regulation of the practice of optometry, the public interest, the interest of
				licensed optometrists and the interest of the applicant in the exercise of this
				discretion.
a. The board may require
				satisfactory performance on the clinical/practical examination given by the
				board for licensure by endorsement pursuant to
				R.S.
				37:1054.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 5 - Practicing Optometry › Section LI-509 - Optometric Telemedicine

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General Provisions
1. Telemedicine is a tool
				and not separate field of optometry, nor does telemedicine alter the scope of
				practice of Louisiana-licensed optometrists. There is no separate or different
				scope of practice or standard of care applicable to those who practice
				optometry via telemedicine within this state or to those optometrists located
				outside Louisiana who diagnose and treat via telemedicine patients located
				within this state. Accordingly, telemedicine in the field of optometry, if
				employed in the appropriate manner and circumstances, can provide significant
				benefits, among them increased patient access to health care.
2. The practice of optometry is deemed to
				occur both where the patient is located and where the optometrist providing
				professional services is located and is hereby declared to affect the public
				health, safety and welfare, and is subject to regulation and control in the
				public interest. It is further declared to be a matter of public interest and
				concern that the practice of optometry, as defined in this chapter, rendered to
				a person located in Louisiana or by an optometrist located in Louisiana be
				limited to qualified persons licensed to practice optometry in the state of
				Louisiana and registered as a telemedicine provider with the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 6 - Dispensation of Medication › Section LI-601 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Sections
				of this Chapter govern the prescription and dispensation of drugs, chemicals,
				and medications by optometrists. These Sections are not intended to alter or
				modify the effect or applicability of state and federal laws and regulations
				governing the acquisition, possession, maintenance, prescription, dispensation,
				or administration of, or accounting for, legally controlled substances and
				other drugs and medications, but are complimentary and supplementary to such
				laws and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 6 - Dispensation of Medication › Section LI-603 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				Chapter, the following terms and phrases shall have the meanings
				specified.
Administer
-with respect to a medication
				  provided or dispensed by an optometrist for use by a patient, the term
administered
means directly or through an agent to give,
				  provide, or supply for immediate oral ingestion, insertion, or topical
				  application by the patient, or to insert or apply topically.
Board
-the Louisiana State Board of Optometry
				  Examiners.
Controlled Substance
-any medication or other
				  substance which is defined, enumerated or designated as a controlled substance
				  and regulated as such under Louisiana or federal statute or regulations  21 CFR
				  §1308 . 11-15 or
				  R.S.
				  40:964, or any substance hereafter designated
				  as a controlled substance by amendment or supplementation of such regulations
				  and statute.
Drug
-synonymous with medication, as defined
				  herein.
Medication
-any chemical, potion, compound,
				  mixture, suspension, solution, or other substance or material, natural or
				  synthetic, recognized and listed in the official United States Pharmacopoeia,
				  which is lawfully produced, manufactured, sold, or provided and intended and
				  approved for medical, diagnostic, therapeutic, or preventative use in and by
				  humans.
Optometrist
-a person lawfully entitled to
				  engage in the practice of optometry in the state of Louisiana, as evidenced by
				  a current license or permit duly issued by the board.
Student Extern
-a student extern is a person
				  who is a regular student at an optometry school or program approved by the
				  board pursuant to
				  §503 who is performing duties or actions
				  assigned by his or her instructors or as part of his or her curriculum, which
				  must be under the direct supervision of an optometrist licensed by the board as
				  defined in this Rule.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 6 - Dispensation of Medication › Section LI-605 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No optometrist
				shall prescribe, dispense, administer, supply, sell, give or otherwise use for
				the purpose of treating a patient, any controlled substance or other
				medication, except in strict compliance with the Louisiana and federal law and
				regulations applicable thereto and with the rules of this Chapter.
B. No optometrist shall prescribe, dispense
				or administer any medication except in the usual and ordinary course of his
				optometry practice for a legitimate medical purpose.
C. No optometrist shall dispense any
				medication upon the prescription of another practitioner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 6 - Dispensation of Medication › Section LI-607 - Use of Controlled Substances; Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requisite Prior Conditions. In utilizing
				any controlled substances, an optometrist shall comply with the following.
1. Evaluation of the Patient. Evaluation of
				the patient shall initially include a full history, including complete medical,
				pain, alcohol and substance abuse histories.
2. Medical Diagnosis. A medical diagnosis
				shall be established and fully documented in the patient's medical record,
				which indicates the nature of the underlying disease, presence of pain and pain
				mechanism if such are determinable.
3. Treatment of Pain. An individual treatment
				plan shall be formulated and documented in the patient's medical record, which
				includes medical justification for controlled substance therapy.
4. Patient Information. An optometrist shall
				ensure that the patient and/or his guardian is informed of the benefits and
				risks of controlled substance therapy.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 6 - Dispensation of Medication › Section LI-609 - Action against Optometry License

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Violation or failure to comply with the provisions set forth in
				§605 or 607, or providing false or
				misleading statements in connection with any application required by this
				Chapter, shall be deemed to constitute just cause for the suspension,
				revocation, refusal to issue, or the imposition of probationary or other
				restrictions on any license or permit to practice optometry in the state of
				Louisiana held or applied for by an optometrist culpable of such violation, or
				for other administrative action as the board may in its discretion determine to
				be necessary or appropriate, under the Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 7 - Examination › Section LI-701 - Examination Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				order to take the examination required by
				R.S.
				37:1051, an applicant must satisfy the
				following licensing requirements set forth in
				R.S.
				37:1049:
1.
				be of good moral character;
2. have
				graduated from an approved high school or school maintaining a similar
				standard;
3. have graduated from a
				school or college of optometry approved by the board and hold the graduate
				level doctor of optometry degree;
4. file with the secretary of the board upon
				the form furnished an application under oath stating that he fulfills each
				requirement of this Section and include with the application the papers
				required by
				R.S.
				37:1050;
5. have reached the required level of
				performance on those parts of the examination administered by the National
				Board of Examiners in Optometry required by the board and cause to be furnished
				to the secretary of the board a true written copy of the score report of such
				national board examination;
6. have
				demonstrated that they have reached the qualification level necessary to become
				certified to treat abnormal conditions and pathology of the human eye and its
				adnexa as set forth in
				R.S.
				37:1051, and the rules and regulations
				established, published, and administered by the board; and
7. meet the credentialing requirements of the
				board to perform authorized ophthalmic surgery procedures.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 8 - Fees and Expenses › Section LI-801 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				charge and collect the following fees, consistent with
				R.S. 37:1058:
1. application for
				examination-$500;
2. original
				license fee-$300;
3. duplicate
				license fee-$50;
4. annual license
				renewal fee-$300;
5. license
				delinquency fee-$500;
6. license
				reinstatement fee-$300;
7. original
				authorized ophthalmic surgery procedure certificate-$50;
8. inactive license annual renewal
				fee-$100.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LI - Optometrists › Chapter 8 - Fees and Expenses › Section LI-803 - Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				issuance of a subpoena to any witness, the board shall require that the party
				(other than the board) who wishes to subpoena such witness deposit a sum of
				money sufficient to pay all fees and expenses to which a witness in a civil
				case is entitled pursuant to
				R.S.
				13:3661 and
				R.S.
				13:3671 in accordance with
				R.S.
				49:956.
B. The board shall have discretion, but shall
				not be required, to pay any witness compelled by the board (and not another
				party) to attend a hearing conducted by the board fees or expenses pursuant to
				R.S.
				49:956, and shall further have the discretion
				to pay any witness fees and expenses in excess of the amount required pursuant
				to
				R.S.
				49:956; provided, however, no party who
				wishes to subpoena a witness shall be required to pay fees or expenses in
				excess of the amount required to be paid to a witness in a civil case pursuant
				to
				R.S.
				13:3661 and
				R.S.
				13:3671 in accordance with
				R.S.
				49:956.
C. Each member of the board shall be
				reimbursed when actually in attendance of a board meeting or when required to
				travel for the official authorized business of the board, not more than $75 per
				day, plus actual expenses unlimited by any rate or reimbursement set by the
				Division of Administration, as well as mileage to and from their domicile to
				the place of the meeting, provided, however, mileage shall be reimbursed at the
				same rate of reimbursement set by the division of administration for state
				employees under the provisions of
				R.S.
				39:231.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1048.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-101 - Preamble

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to the
				authority granted by
				R.S.
				37:1182, and in the interest of promoting the
				public health, safety, and welfare, the following rules and regulations are
				hereby adopted by the Louisiana Board of Pharmacy (board).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-103 - Pharmacy Board Organization

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Board Officers
1. President. The president
				shall preside at all board meetings.
2. Vice-Presidents. In the absence of the
				president, the vice-presidents shall preside in descending order at all board
				meetings.
3. Secretary. The
				secretary shall conduct the nomination procedure for board candidates and
				report the results of the balloting to the governor for his
				appointments.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-105 - Board Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				board procedures and operations shall adhere to the Administrative Procedure
				Act,
				R.S.
				49:950 et seq., the Open Meetings Law,
				R.S.
				42:4.1 et seq., and the Public Records Act,
				R.S.
				44:1 et seq.
B. Order.
Robert's Rules of
				Order
shall govern all proceedings unless otherwise
				provided.
C. Public Comments. A
				public comment period shall be held during each board meeting.
1. Persons desiring to present public
				comments shall notify the board chairman or executive director no later than
				the beginning of the meeting. However, to assure that an opportunity is
				afforded to all persons who desire to make public comments, the chairman shall
				inquire at the beginning of the meeting if there are additional persons who
				wish to comment. The chairman shall allot the time available for the public
				comments in an equitable manner among those persons desiring to comment,
				limiting each person to a maximum of three minutes, with the total comment
				period not to exceed 30 minutes. Each person making public comments shall
				identify himself and the group, organization, company, or entity he represents,
				if any.
2. Unless otherwise
				provided by law, public comment is not part of the evidentiary record of a
				hearing or case unless sworn, subject to cross-examination, offered by a party
				as relevant testimony, and received in accordance with the Administrative
				Procedure Act,
				R.S.
				49:950 et seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-107 - Board Committees and Subcommittees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Board committees are working bodies
				created by the board comprising members appointed or removed by the president
				to address and deliberate specific pharmacy matters referred by the board for
				specified periods consisting of the following.
1. Standing Committees. Standing committees
				are permanent bodies and are created by the board comprising members appointed
				by the president with the duty to address and deliberate specific subject
				matters referred by the board.
2.
				Special Committees. Special committees are appointed by the president for a
				particular period to address or deliberate special matters.
3. Board Subcommittees. Board subcommittees
				are created by the board comprising members and ex-officio non-voting members
				appointed by the president that are ancillary to a standing or special
				committee to address or deliberate a limited committee subject
				matter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-109 - Standing Board Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Executive Committee. The executive committee, comprised of the president,
				vice-presidents, and secretary shall function to address interim administrative
				board matters that require immediate attention between regularly scheduled
				board meetings.
B. Regulation
				Revision Committee. The regulation revision committee, consisting of at least
				three board members appointed at the discretion of the president, shall
				function to preliminarily draft rules, regulations, and policies to be
				considered by the full board for promulgation and/or resolution or
				order.
C. Reciprocity Committee.
				The reciprocity committee, consisting of at least three board members appointed
				at the discretion of the president, shall function to document the
				qualifications, compliance, and credentials of reciprocity
				candidates.
D. Impairment
				Committee. The impairment committee, consisting of at least three board members
				appointed at the discretion of the president, shall function to study,
				recognize, address the need to identify, and monitor the recovery of impaired
				persons in order to protect the public and the practitioner. Additionally, the
				impairment committee shall function to investigate, review, and interview
				impaired or allegedly impaired persons practicing or assisting in the practice
				of pharmacy and tender findings and recommendations to the board.
E. Violations Committee. The violations
				committee shall consist of at least three board members appointed at the
				discretion of the president. Board-designated staff shall preliminarily
				determine the disposition of complaints and alleged offenses. Thereafter, the
				violations committee shall function to receive complaints, receive staffs'
				reports, and evaluate and review findings. The disposition of alleged offenses
				shall be determined by conducting an informal inquiry conference, an
				interlocutory hearing, and/or referring the matter to special counsel for
				formal hearing by the full board.
F. Reinstatement Committee. The reinstatement
				committee, consisting of at least three board members appointed at the
				discretion of the president, shall function to receive complaints, receive
				staffs' reports, evaluate and review findings, interview applicants,
				deliberate, and tender recommendations to the full board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-111 - Official Journal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The official
				journal of the board is the
Louisiana Board of Pharmacy
				Newsletter
. The newsletter may be used in administrative hearings as
				proof of notification to pharmacists, interns, pharmacy technicians, pharmacy
				technician trainees, and holders of pharmacy permits.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-113 - Rulemaking Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Petitions from Interested Persons
1. All
				petitions, whether requesting the adoption, amendment, or repeal of a rule
				shall be submitted in written form on plain white bond paper which is letter
				size (8 1/2" by 11"). The text shall be framed with a margin of at least one
				inch on all sides, shall have a pitch of not less than 10 characters per inch,
				and shall be double-spaced; provided however that quotations may be
				single-spaced as may other matter customarily presented in that
				manner.
2. The petition shall
				include the name, address, telephone number and email address of the petitioner
				as well as any organization the petitioner represents.
3. The petition shall explain the reason(s)
				for the requested action as well as what results would be expected from such
				action. The petition shall provide an estimate of the revenues and expenditures
				expected if the requested action is adopted,
4. The petition shall be considered by the
				board at its next regular meeting provided the complete petition is received at
				least 30 days prior to that meeting.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 1 - Introduction › Section LIII-115 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fees charged
				and collected by the board shall not be less nor more than the following
				schedule.
1. Credentialing Fees for Persons
a. Pharmacy Technician Candidate
i. Application fee for new pharmacy
				technician candidate registration-$50.