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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 69
BY REPRESENTATIVE LIGI
A CONCURRENT RESOLUTI ON
To amend the Department of Health and Hospitals, Board of Medical Examiners, rule (LAC
46:XLV.3149), which provides for limitations on examinations of an applicant for
certification as an athletic trainer, and to direct the office of the state register to print
the amendments in the Louisiana Administrative Code.
WHEREAS, the Department of Health and Human Resources, predecessor of the
Department of Health and Hospitals, promulgated a rule in 1986 providing for limitations
on examinations of an applicant for certification as an athletic trainer; and
WHEREAS, this rule is presently in effect and provides that an applicant having
failed to attain a passing score upon taking the certification examination four times shall not
thereafter be considered for certification as an athletic trainer and shall not be eligible to take
the examination again; and
WHEREAS, among the forty-eight states which regulate the profession of athletic
training, Louisiana is the only state which limits the number of times an applicant may take
an athletic trainer certification examination; and
WHEREAS, at least one state (Illinois) explicitly provides in its regulations relative
to the profession of athletic training that unsuccessful candidates may retake the certification
examination as many times as they wish; and
WHEREAS, among Louisiana's statutes and rules providing for professions and
occupations, limitations on the number of times an applicant may take an examination to
qualify for professional certification or licensure are highly uncommon; and
WHEREAS, R.S. 49:969 provides that the legislature, by Concurrent Resolution,
may suspend, amend, or repeal any rule adopted by a state department, agency, board, or
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WHEREAS, the purpose of this Resolution is to remove unnecessary obstacles to
qualified persons attaining employment in a health profession and to meeting demand for
health care in this state.
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC
46:XLV.3149 is hereby amended to read as follows:
ยง3149. Restriction, Limitations on Examinations Reexamination
A. An applicant having failed to attain a passing score upon taking the
certification examination four times shall not thereafter be considered for
certification and shall not be eligible to take the examination again may take a
subsequent examination upon payment of the applicable fee as prescribed by Chapter
1 of these rules.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is
hereby directed to transmit a copy of this Resolution to the office of the state register and the
Department of Health and Hospitals, Board of Medical Examiners.
BE IT FURTHER RESOLVED that the office of the state register is hereby directed
to have the amendment to LAC 46:XLV.3149 printed and incorporated into the Louisiana
Administrative Code and to transmit a copy of the revised rule to the Department of Health
and Hospitals, Board of Medical Examiners.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE