reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-503 - Examination for Funeral Directors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for a funeral director's
				license shall be given a written and/or oral examination on subjects approved
				by the board. These subjects include but are not limited to the following:
1. sociology/funeral history;
2. psychology;
3. funeral directing;
4. business law;
5. funeral service law;
6. funeral service merchandising;
7. accounting/computers;
8. may include a Louisiana laws and
				regulations test; and
9. any other
				such subjects as the board may deem necessary.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-505 - Examination for an Embalmer and Funeral Director

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for an embalmer and funeral
				director license shall be given a written and/or oral examination on subjects
				defined in courses required by the American Board of Funeral Service Education
				and laws, rules, and regulations of the state of Louisiana, together with any
				such other subjects as the board may deem necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-506 - Certification of Crematory Retort Operator

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for a crematory retort operator
				shall be certified in the operation of a crematory retort by a certified
				instructor and a process approved by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-507 - Failure to Appear

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever an
				applicant shall fail to be present for examination at the time and place set by
				the board, said applicant shall comply with the requirements of the testing or
				certifying agency as approved by the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-509 - Failing Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				applicant for a funeral director or an embalmer and funeral director license
				whose application has been accepted by the board, and who shall fail in an
				examination shall not be entitled to the return of the examination fee. In
				order to qualify for subsequent examinations, applicant must reapply as
				provided in
				R.S.
				37:842. In addition, the board, at its
				discretion, may stipulate certain requirements that deal with preparation and
				study for the re-examination.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-511 - Cheating

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any applicant
				found to have in his possession material of any nature which, in the opinion of
				the board, may be used to assist in the examination, shall forfeit the fee paid
				and be ejected from the examination and may not be entitled to any further
				consideration.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 5 - Examination › Section XXXVII-513 - Passing Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				applicant for an embalmer and funeral director license has complied with all
				requirements, and receives a passing grade of not less than 75 percent on the
				examination, he shall be entitled to receive a license to practice embalming
				and funeral directing.
B. When the
				applicant for a funeral director license has complied with all requirements,
				and receives a passing grade of not less than 75 percent on the examination for
				funeral directing, he may be entitled to receive a funeral director
				license.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 7 - Suspension of Funeral Establishment and Crematory Authority Renewal Fee › Section XXXVII-703 - Duplicate Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person holding a certificate issued by this board and desiring a duplicate
				thereof, may obtain same from the secretary of the board upon application
				accompanied by a fee as established by the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 7 - Suspension of Funeral Establishment and Crematory Authority Renewal Fee › Section XXXVII-705 - License Not Assignable

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				license shall be assignable or valid for any other person other than the
				original licensee. A corporation or firm may engage in funeral directing or
				embalming and hold out to the public that it is engaged in the business of
				funeral directing or embalming, when and only when, all embalming and funeral
				directing is performed by or under the direct and personal supervision of an
				embalmer or funeral director, duly licensed hereunder.
B. No individual licensed by this board shall
				be employed to perform the services of funeral directing or embalming as
				defined in
				R.S.
				37:831 in any capacity for an establishment
				not licensed in this state.
C. No
				individual licensed by this board shall be employed to perform the services of
				cremation as defined in
				R.S.
				37:831 in any capacity for a crematory not
				licensed in this state.
D. A
				corporation or firm may engage in the business of cremation and represent that
				it is engaged in the business of cremation, when and only when, all cremations
				are performed by or under the direct and personal supervision of a retort
				operator, duly licensed hereunder.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 7 - Suspension of Funeral Establishment and Crematory Authority Renewal Fee › Section XXXVII-707 - Reciprocal License Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any person desiring a temporary license for an embalmer and funeral director or
				funeral director license shall, before practicing, make application on forms
				furnished by the board. Said application shall be accompanied by a temporary
				license fee as established by the board, which is not refundable. If applicant
				meets all requirements, the secretary shall issue a temporary license. The
				board cannot, at its discretion, extend the temporary license period.
B. Repealed.
C. Repealed.
D.
1. The
				temporary license entitles the licensee to practice embalming and/or funeral
				directing in this state. However, it shall become null and void if the original
				license is revoked, suspended, or lapsed.
2. Repealed.
3. Repealed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 7 - Suspension of Funeral Establishment and Crematory Authority Renewal Fee › Section XXXVII-709 - Continuing Education (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 9 - Internship › Section XXXVII-901 - Requirements for an Embalmer and Funeral Director License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person desiring to engage in the
				practice of embalming and funeral directing in this state, except those holding
				a temporary license, shall serve as an intern within the state of Louisiana.
1. The employment of the intern at the
				funeral home may be verified by the board. Verification of employment will be
				made by presenting the quarterly returns submitted either to the Internal
				Revenue Service or the Louisiana Department of Revenue, or, alternatively, some
				other official form used to verify employment which is acceptable to the
				board.
2. Any internship shall be
				considered stale/null and void and unavailable for consideration after the
				passage of 10 years.
3. The
				board-registered supervisor shall certify or verify the cases and the contact
				hours that the intern worked during the month.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 9 - Internship › Section XXXVII-903 - Requirements for Funeral Director License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person desiring to engage in the
				practice of funeral directing within this state, except those holding a
				temporary license, shall serve as an intern within the state of Louisiana.
1. Repealed.
2. Repealed.
3. Repealed.
4. Repealed.
5. Repealed.
6. The employment of the intern at the
				funeral home may be verified by the board. Verification of employment will be
				made by presenting the quarterly returns submitted either to the Internal
				Revenue Service or the Louisiana Department of Revenue and Taxation, or,
				alternatively, some other official form used to verify employment which is
				acceptable to the board.
7.
				Repealed.
8. Repealed.
9. Repealed.
10. Any internship shall be considered
				stale/null and void and unavailable for consideration after the passage of 10
				years.
11. The board-registered
				supervisor shall certify or verify the cases and the contact hours that the
				intern worked during the month.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 9 - Internship › Section XXXVII-905 - Application; Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each intern
				shall make application to the board on prescribed forms, accompanied by a fee
				as established by the board and if found acceptable shall be registered as such
				and given an identification slip.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 9 - Internship › Section XXXVII-907 - Affidavits Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. When tenure
				of internship is completed, an affidavit by both the intern and the person
				under whose supervision he or she served, shall be filed not later than 15 days
				with the board. Said affidavit shall list the number of bodies embalmed and/or
				funerals assisted in and the contact hours served.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 9 - Internship › Section XXXVII-909 - Notification to Licensed Person

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The secretary of the board, upon notification by the applicant, will inform the
				licensed person responsible for the supervision and the training of the intern
				of the rules and regulations concerning the internship and that he will be
				responsible to the board for the application and enforcement of these rules and
				regulations.
B. Repealed.
C. Each intern is required to file a complete
				case report for each individual case handled during the internship which must
				be signed by the individual licensee who was supervisor of that case and must
				also file a monthly report providing the board with a summary of the cases
				worked during that period which shall be signed by the licensee designated as
				the supervisor of the intern. The report is due on the tenth day of the month
				and delinquent on the fifteenth day. Delinquent reports may result in the loss
				of credit for that month.
1. It shall be a
				requirement and responsibility of the intern to make these reports monthly and
				to have them in the Office of the Secretary on the date specified. Failure of
				the licensed supervisor to perform as agreed or to in any way falsify the
				records of the internship will cause a fine to be levied in accordance with the
				provisions of
				R.S.
				37:850 for said violation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 11 - Funeral Establishments › Section XXXVII-1101 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for
				a funeral establishment license at a new facility shall be made upon the form
				provided by the board, sworn to by applicant and accompanied by a fee as
				established by the board at least two weeks prior to the projected opening of
				the funeral establishment. Said establishment shall meet the requirements as
				defined in
				R.S.
				37:842. When an existing licensed
				establishment is sold or transferred, or in excess of 50 percent of the stock
				in a corporation holding an establishment license is sold or transferred, the
				purchaser must pay a fee as established by the board for a new license. The
				seller and the purchaser are required to notify the board with full information
				as to the sale within 10 days. Failure by either party to provide the board
				with notice, as herein set out, will bring about the suspension and/or
				revocation of the license of either or both parties.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 11 - Funeral Establishments › Section XXXVII-1103 - Fixed Place; Extension of Funeral Establishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The funeral establishment license is
				effective for a fixed place or location located upon a contiguous parcel of
				land, and for a specific name. Whenever the location or name of the licensed
				establishment is changed, a new license shall be obtained and a fee in an
				amount as established by the board must be paid. All changes of name and/or
				location must be reported to the board's secretary and the application process
				must be completed prior to making any changes.
B. The board will recognize a fixed business
				office to maintain records at a location other than the fixed location of the
				funeral establishment which shall be considered as an extension of the funeral
				establishment, and the records maintained within this extension shall be
				subject to the inspection of the board. Application for said extension to the
				funeral establishment shall be made upon the form provided by the board and
				shall be accompanied by a fee as established by the board. Any changes in the
				location of this extension must be reported to the board immediately.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 11 - Funeral Establishments › Section XXXVII-1105 - Charge of Funeral Establishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. All funeral establishments shall have a
				licensed funeral director designated as the manager of the facility and in
				charge of the day to day operations of the funeral home. The manager shall be
				available to perform all of the routine functions of the licensed establishment
				as provided within the provisions of R.S. Title 37, Chapter 10, Section 831 et
				seq., within normal business hours. The manager shall personally carry out his
				responsibilities as defined within Paragraph 35 of Section 831 and/or as
				provided within the statute; and, to adequately serve the public, the manager
				shall reside within a 70 mile radius from the funeral establishment which the
				licensee is to manage.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 11 - Funeral Establishments › Section XXXVII-1107 - Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each funeral
				establishment shall be subject to inspection and shall comply with the
				following requirements.
1. Each establishment
				must have suitable and dignified quarters devoted to such activities incident
				or related to the care, the preparation, and arrangement for the burial,
				cremation, or other disposition of dead human bodies from which a funeral may
				be conducted.
2. It shall be the
				duty of the board or anyone designated by the board to inspect the
				establishment wherein licensed embalmers or funeral directors are practicing or
				propose to practice, to determine if proper and adequate facilities are
				provided.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 11 - Funeral Establishments › Section XXXVII-1109 - Identification on Caskets

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				compliance with the directives and the mandates as set forth within
				R.S.
				37:853, and considering that various casket
				manufacturers have thoroughly researched and developed a methodology to
				properly preserve and display information concerning the identification of the
				human remains contained within their casket, all licensed funeral directors
				and/or embalmers and all licensed funeral establishment shall, in order to
				assist in the identification of caskets and/or the identification of human
				remains, utilize the recommendations of the individual casket manufacturer
				whose casket is used as the container into which the human remains are placed,
				in preserving and displaying the mandated information regarding the name of the
				decedent, their date of death, and the funeral home involved in the
				service.
B. Should the casket
				manufacturer of the product used in the service not have a recommendation for a
				methodology to properly preserve and display the necessary information
				concerning the identification of human remains, then the licensed funeral
				directors and/or embalmers and licensed funeral establishments shall utilize
				any one of the products recommended by the casket manufacturers who have in
				fact researched and developed a proper system or methodology to properly
				preserve and display the mandated information concerning human remains, or
				alternative use a methodology submitted to and approved by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  R.S.
				  37:853.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 11 - Funeral Establishments › Section XXXVII-1111 - Closure of a Funeral Establishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the closure of a funeral
				establishment the license shall be returned to the board within a period of 15
				days; the phone shall be disconnected within 15 days; and, any and all signs
				designating the building as a funeral establishment shall be removed or fully
				covered within 15 days; however, should the facility be a branch establishment,
				once the phone has been disconnected, the phone number may be reconnected with
				the main establishment and answered under the main establishment firm
				name.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 11 - Funeral Establishments › Section XXXVII-1113 - Sign(s) on Vacant Lots

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within
				one year of the erection of a sign stating "Opening Soon", "Soon to Open",
				etc., there shall be ongoing construction or completion shall be anticipated
				within one year or the sign shall be removed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 12 - Crematories › Section XXXVII-1201 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for
				a crematory license at a new facility shall be made upon the form provided by
				the board, sworn to by applicant and accompanied by a fee as established by the
				board and must be submitted to the board at least two weeks prior to the
				projected opening of the crematory.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  37:873.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 12 - Crematories › Section XXXVII-1203 - Fixed Place

Current through Register Vol. 50, No. 6, June 20, 2024
A. The license is
				effective for a fixed place, and for a specific name. Whenever the location or
				name of the license crematory is changed, a new license shall be obtained and a
				fee in an amount as established by the board must be paid. All changes of name
				and./or location must be reported to the board's secretary and the application
				process must be completed prior to making any changes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  37:873.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 12 - Crematories › Section XXXVII-1205 - Charge of Crematory

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				crematories must have a licensed crematory retort operator responsible for the
				day to day operations of the crematory. He must be available to perform all of
				the routine functions of the crematory as provided within the provisions of
				R.S. Title 37, Chapter 10, Section 831 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  R.S.
				  37:873.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 12 - Crematories › Section XXXVII-1207 - Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each crematory
				shall be subject to inspection and shall comply with the following
				requirements:
1. each crematory must have
				suitable and dignified facilities and equipment devoted to the cremation of
				dead human bodies;
2. it shall be
				the duty of the board or anyone designated by the board to inspect the
				crematory to determine if proper and adequate facilities and equipment are
				provided.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 13 - Prohibited Practices › Section XXXVII-1301 - Pressure Sales Tactics

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use
				of pressure sales tactics and/or plans, including but not limited to a bait and
				switch plan, and/or a sales commission plan by a funeral establishment or by
				anyone in their employ or by anyone acting on their behalf, in the sale of
				merchandise or services shall be an unethical and/or deceptive
				practice.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 13 - Prohibited Practices › Section XXXVII-1303 - Unlawful Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be
				unlawful for a firm, partnership, corporation, an association of individuals,
				or anyone other than those individuals licensed under Title 37, Chapter 10,
				Articles 831 et seq., to engage in funeral directing, embalming or cremation as
				defined within Article 831 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  R.S.
				  37:848.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 15 - Transportation › Section XXXVII-1501 - Container Required for Transporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to comply with the proper
				handling of a dead human body, a funeral director, when required to transport
				that body for disposition, shall transport the remains in a container that
				eliminates direct contact by those not licensed to handle the dead and to offer
				protection to those who might accidentally come in contact with said
				body.
B.
1. No section of this regulation shall be
				interpreted to prohibit transportation of dead human bodies without the use of
				a container as specified in Subsection A hereof, in closed vehicles designed
				exclusively for the transportation of dead human bodies.
2. When remains are transported by airline or
				any other common carrier, the remains must be in a closed container as provided
				in Subsection A herein above.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 17 - Prepaid Funeral Services or Merchandise › Section XXXVII-1701 - Reports on Prepaid Funeral Services or Merchandise

Current through Register Vol. 50, No. 6, June 20, 2024
A. The report required by
				R.S.
				37:861 from licensed funeral establishments
				engaged in the selling of prepaid funeral services or merchandise is necessary
				only in those instances where funds have actually been paid to or received by a
				licensed funeral establishment for such services or merchandise. The purpose of
				requiring such report is to protect purchasers of prepaid funeral services or
				merchandise by insuring that funds, paid by a purchaser to a licensed funeral
				establishment, are utilized solely for his exclusive use and benefit.
				Prearrangements of funerals by licensed funeral establishments, which are
				unfunded, are not within the scope of
				R.S.
				37:861, and, accordingly, no report is
				required in these instances.
B. The
				report shall be in such form and contain such information as is prescribed by
				R.S.
				37:861(A)(1) and shall be
				filed by each licensed funeral establishment engaged in the selling of prepaid
				funeral services or merchandise no later than December 31 of each year, and
				shall cover the period from October 1 of the previous year to and including
				September 30 of the year in which the report is due.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  R.S.
				  37:861.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 17 - Prepaid Funeral Services or Merchandise › Section XXXVII-1703 - Instructions Need to Change Cash Deposited in a Pre-Need Account

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event a
				funeral establishment desires to transfer cash deposited in a pre need account
				through their firm the following steps shall be adhered to:
1. written notification shall be sent via
				certified mail to each consumer advising of the proposed change in funding for
				their pre need arrangement and requesting authorization for said
				transfer;
2. upon receipt of
				written authorization for transfer from consumer transfer can take
				place;
3. if requested, pre need
				cash deposited in a pre need account shall be refunded to those who request
				same; or
4. if authorization for
				transfer is not given/received for any reason, the funeral establishment shall
				maintain funds on deposit in the bank or savings and loan where originally
				deposited; or, alternatively to obtain a final judgment of the district court
				of the parish in which the funeral establishment is situated to transfer the
				pre need funds if the required consent of the consumer cannot be
				obtained.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 19 - Survivor's Clause › Section XXXVII-1901 - Survivor's Clause

Current through Register Vol. 50, No. 6, June 20, 2024
A. A survivor
				of the proprietor or the widow of the principal share holder of a funeral
				establishment can be issued a special work permit in a managerial position.
				Permit must be applied for within 60 days after death of spouse. Said permit is
				to be issued for a period not to exceed 12 months following approval of the
				application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  R.S.
				  37:842.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 20 - Fees › Section XXXVII-2001 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				require payment of fees hereunder as follows:
1. a fee of $250 from each person applying
				for a funeral director license;
2.
				a fee of $250 from each person applying for an embalmer and funeral director
				license;
3. a fee of $250 from
				each person applying for a crematory retort operator license;
4. a fee of $80 for the annual renewal of
				each of the licenses listed in Paragraphs 1, 2, and 3 of this
				Section;
5. a fee of $1,000 for
				each funeral establishment applying for a license to operate within this
				state;
6. a fee of $1,000 for each
				crematory applying for a license to operate within this state;
7. a fee of $700 for the annual renewal of
				each of the licenses listed in Paragraphs 5 and 6 of this Section;
8. a fee of $500 for each inspection or
				re-inspection of a funeral establishment applying for an initial license to
				operate within this state or as a result of a location, or an ownership
				change;
9. a fee of $500 for each
				inspection or re-inspection of a crematory applying for a license to operate
				within this state or as a result of a location, or an ownership
				change;
10. a fee of $100 from each
				person applying for an internship;
11. a fee of $100 from each person applying
				for a duplicate certificate;
12. a
				fee of $100 from each person applying for a temporary license within this
				state;
13. a fee of $100 from each
				sponsor/presenter applying for approval of a continuing education program;
				and
14. a fee for a business office
				of $400.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 21 - Rulemaking Process › Section XXXVII-2101 - Procedure to Follow

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				must follow the procedure outlined in the Administrative Procedure Act to
				adopt, amend or repeal any of the existing rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 21 - Rulemaking Process › Section XXXVII-2103 - Amending Sections

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				and regulations may be added to, changed, altered or amended by a favorable
				vote of five members of the board, when said additions, changes, alterations or
				amendments have been presented by a member of the board, at a regular or called
				meeting of same. They shall be received and all members notified 30 days in
				advance of the proposed additions, changes, alterations or amendments before
				final action can be taken.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 21 - Rulemaking Process › Section XXXVII-2105 - Repeal of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. All rules and
				regulations previously adopted by this board are hereby repealed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 23 - Injunction Proceedings; Penalty › Section XXXVII-2301 - Injunction Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may bring legal proceedings to enjoin a person or establishment violating
				the rules and regulations of this board from practicing the science of
				embalming or conducting the business of funeral directing or operating a
				funeral establishment, as may be the case, until such person complies with the
				requirements of these rules and regulations. The injunction, if granted, shall
				not be suspended by bond or appeal and the person or establishment enjoined
				shall be cast for attorney fees and court costs.
B. The board may also bring legal proceedings
				to enjoin a person or crematory violating the rules and regulations of this
				board from operating a crematory retort or a crematory, as may be the case,
				until such person and/or crematory complies with the requirements of these
				rules and regulations. The injunction, if granted, shall not be suspended by
				bond or appeal and the person or crematory enjoined shall be cast for
				attorney's fees and court costs.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  R.S.
				  37:850.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 23 - Injunction Proceedings; Penalty › Section XXXVII-2303 - Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whoever violates
				the provisions of these rules and regulations shall be fined not less than $500
				nor more than $2,500 for each offense, plus costs of the hearing and the
				attorney for the board.
B. If a
				firm or association violates the provisions of these rules and regulations, all
				members of the firm or association who knowingly violate said provisions shall
				be subject to the penalty. If a corporation violates said provisions, the
				members of the corporation who knowingly violate said provisions shall be
				subject to the penalty.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840 and
				  R.S.
				  37:850.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVII - Regulations › Chapter 23 - Injunction Proceedings; Penalty › Section XXXVII-2305 - Continuance of Hearings; Release of Witness from Subpoena

Current through Register Vol. 50, No. 6, June 20, 2024
A. Based on circumstances presented, the
				president of the board shall be authorized to grant a continuance of formal
				hearings or informal meetings scheduled by the board and to release an
				individual from the obligation to appear as ordered by the subpoena authority
				of the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:840.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 1 - General › Section XXXVIII-103 - Duties of EMS Practitioners

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  licensed emergency medical services practitioner may perform any of the
				  following functions while caring for a patient at the scene of a medical or
				  other emergency, or during the transport of a patient where voice contact is
				  established with a physician and under the physician's order, or under the
				  protocol that has been approved by the local parish medical society or the
				  emergency medical services practitioner's medical director:
1. services, treatment, and procedures
				  consistent with the national EMS education standards that have been approved
				  and adopted by the bureau, to the extent that he or she has been trained to
				  perform such services, treatment or procedures.
2. administration of other drugs or
				  procedures for which the licensed emergency medical services practitioner has
				  received training, license, and approval by the commission and which may be
				  considered necessary by the ordering physician.
3. determine, based on approved protocols,
				  whether it is appropriate for a person to be transported by ground ambulance to
				  an alternative destination when the individual condition does not meet the
				  definition of emergency medical conditions, however:
a. no person shall be transported to an
				  alternative destination unless he or she consents to being transported to that
				  destination; and
b. no emergency
				  medical services practitioner shall transport a person to an alternative
				  destination in which the practitioner or practitioner's employer has a
				  financial interest.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 1 - General › Section XXXVIII-105 - Public Safety Telecommunicator

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  person shall act as a public safety telecommunicator unless he has received a
				  certificate of completion of an approved training course in T-CPR conducted by
				  an entity or individual approved by the Bureau to conduct such T-CPR course. A
				  public safety telecommunicator must possess and maintain a current certificate
				  of completion of the T-CPR training required under this Section.
B. The bureau shall give approval to a T-CPR
				  training course if the course and the entity or individual proposing it meets
				  the minimum standards for course approval set by the bureau, including
				  standards concerning instruction, training and examination. Such standards
				  shall mandate training every two years that meets or exceed nationally
				  recognized emergency cardiovascular care guidelines adopted by the bureau and
				  shall incorporate recognition protocols for out-of-hospital cardiac arrest and
				  compression-only CPR instructions for callers. An approved entity or individual
				  shall comply with the course approval criteria set by the bureau, and may be
				  removed by the bureau from the roster of approved T-CPR trainers for failure to
				  comply.
C. Each public safety
				  agency employing public safety telecommunicators shall, for each individual so
				  employed, upload the certificate of completion of the T-CPR training required
				  by this Section, and any renewals thereof, to the Bureau's Information
				  Management System (IMS). This requirement shall not apply with respect to any
				  individual so employed who has already uploaded such certificates to the
				  IMS.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1131.1(E),
					 R.S.
					 40:1133.1(A),
					 R.S.
					 40:1133.5(9),
					 R.S
					 40:1133.16(D), and
					 R.S.
					 40:2017.10.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 3 - Licensure and Certification › Section XXXVIII-301 - State Licensure and National Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. State licensure by the bureau of emergency
				  medical services is mandatory for practicing as a licensed emergency medical
				  responder.
B. National
				  certification and state licensure are mandatory for practicing as a licensed
				  emergency medical technician, advanced emergency medical technician, and
				  paramedic.
C. State licensure as a
				  licensed Emergency Medical Services practitioner shall be issued only to an
				  applicant who qualifies by examination or endorsement in accordance with
				  R.S.
				  40:1131.1, et seq. All applicants shall meet
				  the same standards.
D. The
				  commission shall render an opinion to the Bureau of Emergency Medical Services
				  on whether the applicant meets the requirements of certification in all
				  questionable cases.
E. Reciprocity
				  shall be granted to an applicant who submits evidence of licensing or
				  certification in good standing from another state, territory, or country or has
				  received military training and certification or licensure as an emergency
				  medical services practitioner as defined in
				  §101.B of this Part,
				  and meets all other applicable requirements set forth in this Part.
1. The Recognition of Emergency Medical
				  Services Personnel Licensure Interstate Compact (REPLICA) has been enacted into
				  state law under Act 31 of the 2020 2nd 
				  Extraordinary Session of the Louisiana Legislature and may be found under
				  R.S.
				  40:1141.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 3 - Licensure and Certification › Section XXXVIII-303 - Denial of Licensure, Reinstatement, or the Right to Practice EMS as a Student

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants
				  for licensure, reinstatement, or the right to practice as an EMS student may be
				  denied approval for licensure, reinstatement, receipt of a temporary permit,
				  eligibility to continue in or enter into an education program (didactic,
				  clinical, or field internship aspects) if the applicant:
1. knowingly falsifies any documents
				  submitted to the bureau, commission or the EMS educational facility;
2. is unfit or incompetent by reason of
				  negligence, habit, or other cause;
3. has pled guilty, nolo contendere, or been
				  convicted of, or any crime that directly related to the EMS profession
				  generally or the specific type of EMS license type, permit, or eligibility
				  sought.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 3 - Licensure and Certification › Section XXXVIII-305 - Delay of Licensure, Reinstatement, or the Right to Practice EMS as a Student

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants
				  for licensure, reinstatement, and for practice as a EMS student shall have
				  approval delayed for licensure, for reinstatement, to receive a temporary
				  working permit, to be eligible for the national registry exam, or to enter or
				  progress into any clinical EMS course, if the applicant:
1. has any pending disciplinary action or any
				  restrictions of any form by any licensing/certifying entity in any state;
				  or
2. has a pending criminal charge
				  for any crime that directly relates to the EMS profession generally or the
				  specific type of EMS license type, permit, or eligibility sought; or
3. has pled guilty, nolo contendere, or been
				  convicted of a crime that directly relates to the EMS profession generally or
				  the specific type of EMS license type, permit, or eligibility sought, and the
				  conditions of the court have not been met, or is currently serving a court
				  ordered probation or parole.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 3 - Licensure and Certification › Section XXXVIII-307 - Application Eligibility Determination; Criminal Convictions; Right to Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  determining whether an applicant's criminal conviction directly relates to the
				  EMS profession generally or the specific type of EMS license type, permit, or
				  eligibility sought, the commission shall consider the factors set forth in
				  §306.C of this
				  Part.
B. The bureau may utilize any
				  "deferred decision matrix" or similar document setting forth guidelines
				  approved by the commission in making an initial presumptive determination
				  concerning whether an applicant's criminal conviction directly relates to the
				  EMS profession generally or the specific type of EMS license type, permit, or
				  eligibility sought.
C. Any
				  applicant who is determined by the bureau to be presumptively ineligible, based
				  upon the bureau's application of a deferred decision matrix (or similar
				  guidance document approved by the commission) or otherwise, shall be entitled
				  to a hearing ("appeal") before the commission concerning such determination, at
				  which the applicant may present testimony, documentation, or evidence relevant
				  to each of the factors set forth in
				  §306.C of this Part
				  concerning the conviction upon which the presumptive ineligibility is
				  based.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1131.1(E),
					 R.S.
					 40:1133.1(A),
					 R.S.
					 40:1133.5(9),
					 R.S
					 40:1133.16(D), and
					 R.S.
					 40:2017.10.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 3 - Licensure and Certification › Section XXXVIII-308 - Criminal History Record and Identification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The bureau is entitled to and shall
				  require submission of the criminal history record and identification files of
				  the Louisiana Bureau of Criminal Identification and Information, located within
				  the Louisiana Department of Public Safety and Corrections, of any person who is
				  seeking an initial license as an emergency medical technician, advanced
				  emergency medical technician or paramedic; and any person who answers
				  affirmatively to any of the criminal background questions on a license renewal
				  application. In such situations, fingerprints and other identifying information
				  of the applicant shall be required and submitted to the Louisiana Bureau of
				  Criminal Identification and Information for qualification and registry.
1. The criminal history records must be not
				  more than two years old.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXVIII - Emergency Medical Services Professionals › Subpart 1 - Rules of Procedure › Chapter 5 - Disciplinary Proceedings; Alternative to Disciplinary Proceedings › Section XXXVIII-503 - Disciplinary Proceedings before the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission has the responsibility to
				  consider and determine the action necessary upon all charges of conduct that
				  allegedly fails to conform to
				  R.S.
				  40:1131.1, et seq., as re-enacted and
				  amended, or to the requirements and provision of this Part.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1133.4(A)(8) and
					 R.S.
					 40:2017.10.