reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1103 - Procedure for Suspension or Revocation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of notice of any alleged
				violations of this Part, or any rule or regulation adopted by the board, the
				board shall institute a preliminary investigation. If warranted by the
				investigation, the board shall duly notify the alleged violator and schedule a
				timely hearing for the resolution of the alleged violation. If following such
				hearing, the board reasonably finds that a violation of the rule or the rules
				or regulations promulgated by the board has occurred, the board shall take such
				disciplinary action that it may in its discretion choose to exercise in keeping
				with its delegated authority.
B. If
				a formal complaint is filed with the board, that complaint shall be referred to
				the Disciplinary Committee, whose job shall be to investigate the complaint. If
				warranted by the investigation, the Disciplinary Committee shall duly notify
				the alleged violator in writing of the complaint and ask the alleged violator
				for a response to the complaint.
C.
				If the Disciplinary Committee by a majority vote determines that there has been
				no violation of the statutes and regulations regulating registered or licensed
				interior designers, then a report of that shall be made to the board.
D. If the Disciplinary Committee determines
				that the registrant has corrected the alleged violation, and the complainant
				has accepted the correction without further hearing, it shall make a report of
				that to the entire board.
E. If the
				Disciplinary Committee determines that there is a violation alleged, and that
				the registrant has not corrected the alleged violation, then it shall make a
				referral to the board of this fact and ask that the matter be referred for a
				hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3174,
				  R.S.
				  37:3179 and
				  R.S.
				  37:3181.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1105 - Appeal Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				aggrieved by any disciplinary action of the board shall have the right to a
				rehearing by the board if written application for a rehearing is made to the
				board within 15 days after the adverse disciplinary action. If such person is
				aggrieved further by a decision or action by the board on rehearing, such
				person may appeal the decision or action of the board to the district court in
				the parish in which he is domiciled. The written petition for a rehearing in
				district court shall be made within 30 days after written notice sent to the
				person of the action or decision of the board on rehearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3174 and
				  R.S.
				  37:3181.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1106 - Fine for Restoration of Revoked or Suspended License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may require a licensee who has
				had his license revoked or suspended pursuant to the provisions of this Chapter
				to pay a fine of up to $500 in addition to those charges contained in
				§703 to have his license restored to
				him.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3179 and
				  R.S.
				  37:3182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1107 - Enforcement of Board's Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The board may apply to any court which has jurisdiction for an order enjoining
				or restraining the continuance of the alleged unlawful act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3174 and
				  37:3176.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1108 - Disciplinary Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. There is
				hereby created a disciplinary committee to review all complaints filed with the
				board.
B. The chairman of the board
				shall appoint the members of the disciplinary committee.
C. All complaints filed with the board shall
				be reviewed by the disciplinary committee before submission to the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3179.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1109 - Cease and Desist Orders and Injunctive Relief

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to or in lieu of the
				administrative sanctions provided in this Chapter the board is empowered to
				issue an order to any person or firm engaged in any activity, conduct, or
				practice constituting a violation of any provision of this chapter directing
				such person or firm to cease and desist from such activity, conduct, or
				practice. Such order shall be issued in the name of the state of Louisiana
				under the official seal of the board.
B. The board shall issue a cease and desist
				order against anyone who is not registered and who is found to be practicing
				interior design or using the term "interior designer," "registered interior
				designer," or "licensed interior designer."
C. The alleged violator shall be served with
				the cease and desist order by certified mail. If within 10 days the alleged
				violator is continuing the offending activity, the board may file a complaint
				with the appropriate district court requesting that the court enjoin the
				offending activity.
D. Upon a
				proper showing by the board that such person or firm has engaged in any
				activity, conduct, or other activity proscribed by this Chapter, the court
				shall issue a temporary restraining order restraining the person or firm from
				engaging in unlawful activity, conduct, or practices pending the hearing on a
				preliminary injunction, and in due course a permanent injunction shall issue
				after hearing commanding the cessation of the unlawful activity, conduct, or
				practices complained of, all without the necessity of the board having to give
				bond as usually required in such cases. A temporary restraining order,
				preliminary injunction, or permanent injunction issued hereunder shall not be
				subject to being released upon bond.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3185.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1110 - Prohibited Acts and Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Unless otherwise exempted, any person who knowingly engages in the practice of
				interior design without a valid license of registration violates this
				Chapter.
B. Any person who violates
				any provision of this Chapter or any rules and regulations adopted under its
				authority shall be fined not more than $500 for each such violation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3179.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 12 - Miscellaneous › Section XLIII-1202 - Roster

Current through Register Vol. 50, No. 6, June 20, 2024
A. The roster of
				licensed interior designers will be provided upon payment of the cost of
				copying at the rate of copying charges as set by the regulations established by
				the Division of Administration.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3174.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 12 - Miscellaneous › Section XLIII-1203 - Committee on Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. There is
				hereby created a committee on education, the purpose of which is to provide a
				liaison with the Louisiana universities providing courses in interior design
				and their students in interior design.
B. The chairman shall appoint the members of
				the committee on education.
C. The
				chairman shall designate the mission of the committee on education.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3174.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 13 - Severability › Section XLIII-1301 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				or item of the rules of the board or the application thereof is held invalid,
				such invalidity shall not affect other provisions, items or applications of the
				rules of the board which can be given effect without the invalid provisions,
				items or applications, and to this end the provisions of the rules of the board
				are hereby declared severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3174.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 1 - General Provisions › Section XLIV-101 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under
				the authority of
				R.S.
				37:3551 et seq., the State Board of Massage
				Therapy is adopting the following rules and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3551 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 3 - Definitions › Section XLIV-301 - Incorporation of Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				definitions set forth in
				R.S.
				37:3551 et seq., and
				R.S.
				49:951 et seq., are incorporated herein by
				reference.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3551 et seq.,
				  R.S.
				  37:3555 et seq., and
				  R.S.
				  49:951 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 9 - Code of Ethics › Section XLIV-901 - Code of Ethics

Current through Register Vol. 50, No. 6, June 20, 2024
A. A massage
				therapist shall:
1. represent their
				qualifications honestly, including education and professional affiliations, and
				provide only those services which they are qualified to perform;
2. accurately inform clients, other health
				care practitioners, and the public of the scope and limitations of their
				discipline;
3. acknowledge the
				limitations of and contraindications for massage and bodywork and refer clients
				to appropriate health professionals;
4. provide therapy only where there is
				reasonable expectation that it will be advantageous to the client;
5. consistently maintain and improve
				professional knowledge and competence, striving for professional excellence
				through regular assessment of personal and professional strengths and
				weaknesses and through continued education training;
6. conduct their business and professional
				activities with honesty and integrity, and respect the inherent worth of all
				persons;
7. not unjustly
				discriminate against clients or other ethical health professionals;
8. safeguard the confidentiality of all
				client information, unless disclosure is required by law, court order, or
				absolutely necessary for the protection of the public;
9. respect the client's right to therapy with
				informed and voluntary consent;
10.
				respect the client's right to refuse, modify, or terminate therapy regardless
				of prior consent given;
11.
				exercise the right to refuse to treat any person or part of the body for just
				and reasonable cause;
12. refrain,
				under all circumstances, from initiating or engaging in any romantic or sexual
				conduct, sexual activities, or sexual behavior involving a client, even if the
				client attempts to pursue a sexual relationship;
13. respect the client's boundaries with
				regard to privacy, disclosure, exposure, emotional expression, beliefs, and the
				client's reasonable expectations of professional behavior. Practitioners will
				respect the client's autonomy.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 12 - Instructor Qualifications › Section XLIV-1201 - Specific Message Therapy Technique Instructor Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				desiring to be approved as a massage therapy instructor of a specific massage
				therapy technique, clinical practicum-related modality, anatomy, or physiology
				shall, upon request, submit evidence satisfactory to the Board of Massage
				Therapy that the applicant has complied with the instructor qualifications as
				set by the Board of Regents.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 13 - Examination › Section XLIV-1301 - Examination Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons
				seeking a license must first pass a national examination that is:
1. approved and/or accredited by the National
				Commission for Certifying Agencies, an accrediting arm of the National
				Organization for Competency Assurance and approved by the board; or
2. approved and administered by the
				Federation of State Massage Therapy Boards including, specifically, the massage
				and bodywork licensing examination (MBLEx); and
3. taken and passed within two years from the
				date the license application is filed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1401 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				this Chapter govern the collection and use of criminal history records
				information in connection with applications for an initial license or
				reinstatement of a license of a massage therapist in conformity with
				R.S.
				37:3556.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et seq., and
				  R.S.
				  37:3556.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1403 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				Chapter, the following terms shall have the meanings specified.
Applicant
-an individual who has made
				  application to the board for the issuance or reinstatement of any license,
				  permit, certificate, or registration which the board is authorized by law to
				  issue.
Board
-the Louisiana Board of Massage
				  Therapy.
Bureau
-the Louisiana Bureau of Criminal
				  Identification and Information of the Office of State Police within the
				  Department of Public Safety and Corrections or a similarly recognized police
				  agency outside of Louisiana.
Criminal History Record Information
-
a. information collected by the bureau or the Federal Bureau
				  of Investigation of the United States Department of Justice or an individual
				  consisting of detentions, indictments, bills of information, or any formal
				  criminal charges and any disposition arising therefrom including sentencing,
				  criminal correctional supervision and release;
b. does not include information collected for intelligence or
				  investigatory purposes nor does it include any identification information which
				  does not indicate involvement of the individual in the criminal justice
				  system.
FBI
-the Federal Bureau of Investigation of
				  the United States Department of Justice.
License
or
Licensure
-any
license
, permit, certification, or registration which the
				  board is authorized by law to issue.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1405 - Criminal History Record Information Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. As a condition for eligibility for the
				issuance of an initial license or the reinstatement of any license, an
				applicant must submit, along with the application, a criminal history record
				which has been obtained from the bureau or the FBI and has a certification date
				that is not more than six months prior to date of the license
				application.
B. The application of
				an applicant who fails to comply with the requirements set forth in Subsection
				A of this Section shall be deemed incomplete and shall not be considered by the
				board unless and until such requirements have been satisfied.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1407 - Effect of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				submission of an application for licensure to the board along with the criminal
				history information shall constitute and operate as a consent by the applicant
				for disclosure and release of such information and as a waiver by the applicant
				of any privilege or right of confidentiality which the applicant would
				otherwise possess with respect thereto subject to the limitations as set forth
				in §1413 of this
				Chapter.
B. The submission of an
				application for licensure along with the criminal history information to the
				board shall constitute and operate as an acknowledgement and authorization by
				the applicant for the board's utilization of criminal history record
				information to determine his or her suitability and eligibility for licensure,
				and whether just cause exists for the board to refuse to issue, suspend,
				revoke, or impose probationary or other terms, conditions, or restrictions on
				any license held or applied for by an applicant in the state of Louisiana for
				violation of any of the causes specified by
				R.S.
				37:3563 and the board's rules respecting any
				such massage therapist as set forth in LAC 46:XLIV.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et seq., and
				  R.S.
				  37:3563.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1409 - Procedural Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				conformity with the substantive requirements of
				§1405 of this Chapter, an application
				for licensure, whether initial or reinstatement to the board, shall be
				accompanied by each of the following:
1. a
				complete criminal history record which has been obtained from the bureau or the
				FBI and certified by those agencies. The background history must be dated
				within six months of the application and must cover at least the preceding
				five-year period of time.
a. An applicant who
				has resided in Louisiana for more than five years immediately, prior to filing
				the license application, shall only be required to submit a criminal history
				record obtained from the bureau.
b.
				An applicant who has not resided in Louisiana for the five-year period
				immediately prior to filing the license application must submit either a
				criminal history record from Louisiana and/or any state or states in which the
				applicant was previously domiciled which would cover a minimum of a five-year
				period within six months of the application date or a criminal history record
				obtained from the FBI.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1411 - Falsification of Criminal Record Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant who denies the existence or
				extent of criminal history record information on an application, which is
				discovered by information, records, or documentation provided by the bureau,
				FBI, or any other state, national, or foreign jurisdiction shall, in addition
				to the potential disqualification of licensure for any of the causes specified
				in §1407.
				B of this Chapter, be deemed to have provided
				false, misleading, or deceptive information, or false sworn information on an
				application for licensure, and to have engaged in unprofessional conduct,
				providing additional cause for the board to suspend or revoke, refuse to issue,
				or impose probationary or other restrictions on any license held or applied for
				by an applicant in the state of Louisiana culpable of such violation, pursuant
				to R.S.
				37:3563 and 3565.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3551 et seq.,
				  R.S.
				  37:3555 et seq.,
				  R.S.
				  37:3556,
				  R.S.
				  37:3563, and
				  R.S.
				  37:3565.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1413 - Confidentiality of Criminal History Record Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Criminal history record information
				obtained by the board pursuant to
				R.S.
				37:3556 and the rules of this Chapter, which
				is not already a matter of public record or to which the privilege of
				confidentiality has not otherwise been waived or abandoned, shall be deemed
				nonpublic and confidential information, restricted to and utilized exclusively
				by the board, its officers, members, investigators, employees, agents, and
				attorneys in evaluating the applicant's eligibility or disqualification for
				licensure. Criminal history record information shall not, except with the
				written consent of the applicant or by the order of a court of competent
				jurisdiction, be released or otherwise disclosed by the board to any other
				person or agency provided, however, that any such information or documents
				which are admitted into evidence and made part of the administrative record in
				any adjudicatory proceeding before the board shall become public records upon
				the filing of a petition for judicial review of the board's final decision
				therein.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et seq., and
				  R.S.
				  37:3556.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 14 - Criminal History Records Information › Section XLIV-1415 - Exceptions to Criminal History Information Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The criminal history record information
				requirements prescribed by §1401-1413 of this Chapter may be waived in such
				instances as the board, in its discretion, may deem necessary or
				appropriate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 15 - License Application Requirements › Section XLIV-1501 - Applications - Fees, Documentation, and Validity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications for Licensure. An applicant
				for licensure must submit a completed application that meets the requirements
				of R.S.
				37:3556 along with payment of the fee
				required by
				R.S.
				37:3562. The application must include:
1. proof satisfactory to the board that the
				applicant has satisfied the requirements for licensure;
2. an official transcript from the massage
				therapy school showing completion of the course of instruction.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 17 - Professional and Establishment License › Section XLIV-1701 - Applications - Availability, Requirements, and Expiration

Current through Register Vol. 50, No. 6, June 20, 2024
A. All professional and establishment license
				applications are available on the board's website.
B. All professional and establishment
				licenses issued by the board shall expire on March 31 of each year. In order to
				avoid a late fee, renewal applications must be postmarked, have an e-mail
				acknowledgment of receipt, or other proof of delivery prior to the expiration
				date. The board shall have the authority to prorate the license renewal fees
				during any transitional period that may result from a change in expiration
				dates.
C. With the exception of
				first-year professional licensees, a minimum of 12 hours of continuing
				education units must be completed and submitted to the board in order to be
				eligible to renew the professional license. The educational units must be from
				an approved program and taught by a provider registered with the board. All
				continuing education units will be verified by the continuing education
				provider.
D. Incomplete renewal
				applications will be returned to the licensee and may be subject to late fees
				as provided for in
				R.S.
				37:3562.
E. Inactive Status
1. Those who wish to temporarily cease their
				activities as a massage therapist may place their license on inactive status
				for a period not to exceed five years by paying the inactive status fee which
				shall be a one-time per-application fee of not more than 60 percent of the
				annual license renewal fee as provided for in
				R.S.
				37:3562 and submitting a board-provided
				affidavit/form. No license shall be issued to a massage therapist on inactive
				status. To revert to active status, the massage therapist shall submit to the
				board the following:
a.
i. a board-provided affidavit/form requesting
				return to active status;
ii.
				payment of the current license renewal fee as provided in
				R.S.
				37:3562;
iii. evidence of having completed a minimum
				of 24 hours of continuing education units within two years of the date that the
				application for reinstatement is filed;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 21 - Conditional Approval to Take Licensure Examination › Section XLIV-2101 - Terms and Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Based
				upon probable cause, the board may require that the applicant agree to such
				terms and conditions as the board deems necessary to protect the public health
				and safety.
B. The terms and
				conditions the board may impose under this rule are:
1. before receiving a license, the applicant
				must appear before the board to respond to questions regarding the
				application;
2. when convicted of a
				crime, the applicant must submit copies of all available court documents
				(including a certified copy of the judgment, indictment or information and
				related documents, including police and probation reports). For purposes of
				these rules, a plea of "nolo contendere" to a crime constitutes a conviction of
				that crime;
3. the applicant must
				authorize the board to receive and review all records of the applicant's
				medical, psychiatric, or psychological treatments;
4. the applicant must submit to mental and
				physical examination by a board approved physician or psychologist;
5. in the event the board grants the
				applicant a license, the applicant must agree to limit the scope of his
				practice in such manner as the board may determine necessary to protect the
				public health and safety;
6. the
				applicant must agree to receive alcohol, drug abuse, or psychological
				counseling;
7. the license to
				practice massage therapy may be issued subject to probation of up to one year
				in duration;
8. the applicant's
				practice of massage therapy must be under the supervision of a board approved
				licensed massage therapist who may be required to make periodic reports to the
				board regarding the applicant's competence to practice massage therapy;
				and
9. such other terms and
				conditions reasonably designed to protect the public health and
				safety.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 25 - Massage Establishment Safety and Sanitary Requirements › Section XLIV-2501 - Safety and Sanitary Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sanitary Requirements. Each massage
				establishment shall be maintained and operated in a safe and sanitary manner.
				Massage establishments shall adhere to local regulations as provided for in
				R.S.
				37:3567. Each massage establishment shall:
1. maintain all equipment used to perform
				massage services on the premises in a safe and sanitary condition;
2. launder, before reuse, all materials
				furnished for the personal use of the customer, such as towels and
				linens;
3. provide adequate toilet
				and lavatory facilities. To be adequate, such facilities:
a. shall have at least one toilet and one
				sink with running water;
b. shall
				be equipped with toilet tissue, soap dispenser with soap or other hand cleaning
				materials, sanitary towels or other hand-drying device such as a wall-mounted
				electric hand dryer, and waste receptacle; and
c. all of the foregoing fixtures and
				components shall be kept clean, in good repair, well-lighted, and adequately
				ventilated to remove objectionable odors;
4. adequately maintain shower facilities on
				the premises if equipped with a whirlpool bath, sauna, steam cabinet and/or
				steam room.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 27 - Inspections › Section XLIV-2701 - Inspections - Licensed and Unlicensed Establishments

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may make periodic inspections of
				all massage establishments, including licensed and/or unlicensed massage
				establishments.
B. Such inspections
				may include, but need not be limited to, confirmation that the site is being
				utilized for massage therapy and a determination of whether the establishment
				is in compliance with the laws and rules governing the establishment's
				operation, facilities, personnel, safety, and sanitary requirements.
C. Failure to cooperate with such inspections
				may lead to disciplinary action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3551 et seq., and
				  R.S.
				  37:3555 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 29 - Notification to Board of Change of Status › Section XLIV-2901 - Name, Ownership and/or Location Changes

Current through Register Vol. 50, No. 6, June 20, 2024
A. All name, location and/or ownership
				changes of licensure must be reported in writing to the board within 30 days of
				occurrence using a form provided by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3551 et seq., and
				  R.S.
				  37:3555 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 31 - Conduct of Massage Therapist Toward Client › Section XLIV-3101 - Prohibition of Sexual Activity

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All sexual activity by any person or persons in any massage establishment is
				absolutely prohibited.
B. No
				massage establishment owner or operator shall engage in, or permit any person
				or persons to engage in, sexual activity in a massage establishment or to use
				that establishment to make arrangements to engage in sexual activity in any
				other place.
C. No massage
				therapist shall engage in sexual activity with a current client of the
				therapist.
D. No massage therapist
				shall engage in sexual activity with a former client of the therapist within
				three months after cessation of professional services.
E. As used in this Rule and
				§5301 of this Part:
a. sexual activity-includes:
i. coital sexual intercourse;
ii. anal sexual intercourse;
iii. fellatio, cunnilingus;
iv. masturbation;
v. passionate kissing and acts of
				sadomasochistic abuse;
vi.
				flagellation; or
vii. torture in
				the context of sexual conduct;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 33 - Displaying and Ownership of License › Section XLIV-3301 - How to Display; Board Ownership

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each massage establishment shall post, in
				plain sight, its establishment license and the license or the licensed massage
				therapist identification card ( LMT -ID) of each massage therapist who
				practices in the massage establishment. Each massage therapist must have his
				licensed massage therapist identification card ( LMT -ID) in his possession
				while providing massage therapy for a client and present it for review upon
				request.
B. A license is the
				property of the board and shall be surrendered upon demand of the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et seq., and
				  R.S.
				  37:3556 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 37 - Continuing Education › Section XLIV-3701 - Requirements for Massage Therapists

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each licensed massage therapist shall
				complete a minimum of 12 hours each year of continuing education units (CEUs)
				approved pursuant to
				§3703 of this Chapter.
B. The continuing education requirement set
				forth in Subsection A of this Section shall not apply during the first 12
				months after a massage therapist is first licensed in Louisiana. The continuing
				education requirement shall apply to the licensee for every year of licensure
				thereafter.
C. Definition
One Hour of Continuing Education
-no less
				  than 50 uninterrupted minutes of instruction, with no credit to be given for
				  introduction of the speaker, meal breaks or business meetings. Sessions of less
				  than 50 minutes but more than 30 minutes shall be counted as 1/2 hour.
				  Instructional sessions of less than 30 minutes shall be disregarded for
				  purposes of counting CEU credits. On line or home study courses may be
				  considered in compliance with this requirement if verification of completion of
				  the course is furnished to the board.
D. Presenters/moderators/instructors of
				courses shall not receive credit for courses they present.
E. Failure of the licensee to satisfy the
				requirements of this Rule shall be in violation and shall subject the licensee
				to disciplinary actions pursuant to these rules.
F. A licensed individual who is serving on
				active duty in the United States Armed Forces shall be entitled to apply for a
				waiver of the CEU requirements during the period of such service and the board
				shall have the authority to grant such a waiver.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3555 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 37 - Continuing Education › Section XLIV-3703 - Board Approval of Providers and Programs [Formerly Section 3901]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A continuing
				education provider is an individual and/or business that sponsors continuing
				education programs and presenters which has registered with the board and paid
				the continuing education provider fee provided for in
				R.S.
				37:3562. The provider may also be a
				presenter. A continuing education provider registration term (providership)
				shall be for a period not to exceed 24 months. Upon expiration of the 24-month
				term, the provider may renew for another term. The provider shall be
				responsible for submitting all continuing education program information forms
				and payment of the continuing education program approval fee for each program
				being taught. The education provider fee includes the right to present two
				continuing education programs, which are identified in the initial registration
				form, during the providership period without additional charge.
1. A continuing education provider must be
				registered with the board before disseminating any notices that its program is
				approved for license renewal credit. In the event a provider does advertise
				without being registered with the board, that provider may be subject to a fine
				not to exceed $1,000.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 41 - Health Data Recordkeeping › Section XLIV-4101 - Health Data

Current through Register Vol. 50, No. 6, June 20, 2024
A. Data concerning
				an individual's health status must be systematically and continuously
				collected, recorded, and communicated in order to determine therapeutic needs,
				according to the following criteria.
1. The
				format for the collection and recordation of data must provide for systematic
				collection, frequent updating, accessibility, and appropriate
				confidentiality.
2. Data may be
				collected from the individual, family members, pertinent others and other
				health care personnel.
3. Client
				records are to be obtained and reviewed by the licensed therapist to determine
				if therapeutic massage intervention is needed.
4. Current client records are to be
				maintained at the licensed establishment location in a confidential
				manner.
5. All client records must
				be maintained for a minimum of five calendar years after the last service is
				performed for that client. After five years from the last date of service,
				client records may be disposed of in an appropriate and confidential
				manner.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 55 - Disciplinary Actions › Section XLIV-5501 - Guidelines for Disciplinary Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the board finds that an applicant or
				licensee whom it regulates has committed any of the prohibited acts set forth
				in the statutes or rules, the board may impose appropriate penalties within the
				ranges recommended in the following disciplinary guidelines.
B. Penalties imposed by the board pursuant to
				this Section may be imposed in combination or individually, and are as follows:
1. refusal to license an applicant;
				revocation or suspension of license;
2. issuance of a reprimand or
				censure;
3. imposition of an
				administrative fine not to exceed $1,000 for each count or separate
				offense.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 55 - Disciplinary Actions › Section XLIV-5503 - Injunctions and Other Relief [Formerly Section 5101]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to other authorized penalties,
				the board may seek injunctive and other relief as provided in
				R.S.
				37:3566.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3551 et seq.,
				  R.S.
				  37:3555 et seq., and
				  R.S.
				  37:3566.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIV - Massage Therapists › Chapter 59 - Investigation of Complaints › Section XLIV-5901 - Investigation Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall designate a member to serve as complaint investigative officer
				(CIO) to review and investigate complaints.
B. Each complaint shall be submitted to the
				CIO. Once a complaint is received, the CIO or the CIO's designated
				representative will initiate a review and investigation of the allegations.
				After the investigation the CIO may make a determination to dismiss the
				complaint or proceed to informal hearing.
C. At any point during the investigation the
				CIO may resolve the matter by consent agreement, which agreement must be
				submitted to the board for review and action.
D. The CIO shall place a formal disciplinary
				hearing on the board agenda for a regular board meeting or may request that a
				special board meeting be scheduled to consider a disciplinary matter if the
				investigation by the CIO disclosed any of the following:
1. a complaint is sufficiently serious to
				require formal adjudication;
2.
				failure of the licensee and/or applicant to respond to the CIO's correspondence
				concerning the complaint;
3.
				failure to resolve all issues through a consent agreement; or
4. refusal of the licensee and/or applicant
				to comply with the recommended remedial action.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter A - General Provisions › Section XLV-101 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
					 this Chapter prescribe the fees and costs payable to and recoverable by the
					 board with respect to the various services and functions performed by the board
					 for or on behalf of the applicants for licensure, certification, or
					 registration, the holders of licenses and certificates issued by the board and
					 the public.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						37:1281.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter A - General Provisions › Section XLV-103 - Form of Payment Required

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Payment to the board of any fees or costs in excess of $25 shall be made in the
					 form of a check or money order.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						37:1281.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter A - General Provisions › Section XLV-105 - Payments Nonrefundable

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
					 as may be expressly provided by these rules, all fees and costs paid to the
					 board shall be nonrefundable in their entirety.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						37:1281.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter A - General Provisions › Section XLV-107 - Dishonored Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
					 to the amount of fees and costs elsewhere prescribed in this Chapter, a
					 handling charge of $10 shall be payable to the board by any person who, in
					 payment of fees or costs, tenders to the board any check, draft, or other
					 instrument which is dishonored by the financial institution against which it is
					 drawn.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						37:1281.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter B - General Fees and Costs › Section XLV-113 - Miscellaneous Fees and Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
					 providing the services indicated, the following fees shall be payable to and
					 recoverable by the board.
1. Photocopies of
					 documents, per page $ 0.25
2.
					 Certification of document as true copy $ 2.00
3. Certification of document(s) as official
					 records $ 4.00
4. Official list of
					 licensees $ 5.00
5. Duplicate
					 original certificate of license, certificate of permit $10.00
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter B - General Fees and Costs › Section XLV-115 - Reciprocity Endorsement

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
					 processing and handling a request by any licensee, certificate or permit
					 holder, or registrant for the board's endorsement of such person's licensure or
					 certification status to another state for the purpose of reciprocity licensure
					 or certification, a fee of $25 shall be payable to the board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						37:1281.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter B - General Fees and Costs › Section XLV-117 - Handling and Mailing Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
					 addition to any fees or costs elsewhere prescribed in this Chapter, when any
					 service performed by the board requires, by its nature, or as requested by the
					 person on whose behalf such service is performed, that the board incur any
					 postage, mailing, shipping, handling, insurance, or other costs, any such costs
					 in excess of the then-applicable minimum first class postage shall be payable
					 to and recoverable by the board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						37:1281.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter C - Physicians and Surgeons Fees › Section XLV-123 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter prescribe the fees and costs applicable to the
					 licensing, certification, and registration of physicians and
					 surgeons.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270 and
						37:1281.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 1 - General › Chapter 1 - Fees and Costs › Subchapter C - Physicians and Surgeons Fees › Section XLV-125 - Licenses, Permits and Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. For processing applications for licensure
					 of the type indicated, the following fees shall be payable to the board.
1. Standard application-$250
2. Reciprocity application-$350