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Regular Session, 2012
SENATE BILL NO. 191
BY SENATOR CLAITOR
HEALTH/HOSPITALS DEPT. Abolishes the Louisiana Board of Massage Therapy and
moves its functions to the Louisiana Physical Therapy Board. (1/1/13)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 37:2405(A), and (A)(1) and (6),2
(B)(1), (2), (9), and (10), R.S. 37:3552(1), and 3562(D), and to repeal R.S.3
36:259(CC) and 37:3554, relative to the transfer of the powers and duties of the4
Louisiana Board of Massage Therapy to the Louisiana Physical Therapy Board; to5
abolish the Louisiana Board of Massage Therapy and transfer the powers and duties6
of that board to the Louisiana Physical Therapy Board; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. The introductory paragraph of R.S. 37:2405(A), and (A)(1) and (6), (B)(1),10
(2), (9), and (10), 3552(1), and 3562(D) are hereby amended and reenacted to read as11
follows: 12
§2405. Powers and duties of the board; limitation13
A. The responsibility for enforcement of the provisions of this Chapter is and14
Chapter 57 of this Title are hereby vested in the board, which shall have all the15
powers, duties, and authority specifically granted by or necessary for the16
enforcement of this Chapter and Chapter 57 of this Title, including:17 SB NO. 191
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(1) Establishing rules and procedures for granting licenses, and the1
requirements therefor, to persons governed by this Chapter and Chapter 57 of this2
Title, including imposing limitations as to the number of times an examination may3
be taken and the conditions upon which reexamination may be had, which conditions4
shall be determined by the board.5
* * *6
(6) Publishing and making available a register of all persons licensed under7
this Chapter and Chapter 57 of this Title, including the name and current address8
of each licensee.9
* * *10
B. The board may:11
(1) Authorize any member of the board to make any affidavit necessary for12
the issuance of any injunction or other legal process authorized under this Chapter13
and Chapter 57 of this Title.14
(2) Employ counsel to carry out the provisions of this Chapter and Chapter15
57 of this Title, if the fees of the counsel and the costs of all proceedings, except16
criminal prosecutions, are paid by the board out of its own funds.17
* * *18
(9) Issue cease and desist orders to licensees and other persons or entities19
who are engaged in any activity, conduct, or practice constituting a violation of any20
provision of this Chapter and Chapter 57 of this Title or board rule. As to licensees,21
in addition to the injunctive relief provided for in this Chapter and Chapter 57 of22
this Title, the failure to comply with a cease and desist order may also be made the23
basis of disciplinary action.24
(10) Conduct disciplinary proceedings pursuant to the provisions of the25
Administrative Procedure Act and impose sanctions on the practice of licensees who26
have violated this Chapter or Chapter 57 of this Title, the rules of the board, or27
standards of practice. Sanctions may be imposed by means of voluntary consent28
orders or by decisions of the board.29 SB NO. 191
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* * *1
§3552. Definitions2
As used in this Chapter:3
(1) "Board" means the Louisiana Board of Massage Therapy Louisiana4
Physical Therapy Board.5
* * *6
§3562. Fees7
* * *8
D. All monies received by the board under this Chapter shall be paid into the9
treasury of the Louisiana Board of Massage Therapy Louisiana Physical Therapy10
Board and may be deposited into an account maintained by the board without11
appropriation for costs of administration and other expenses, and any surplus at the12
end of a fiscal year or a biennium may be retained by the board for future13
expenditures and the board is not required to pay such surplus into the general fund14
of the state of Louisiana.15
* * *16
Section 2. All books, papers, records, money, equipment, actions, and other property17
of every kind, movable and immovable, real and personal, heretofore possessed, controlled,18
or used by the Louisiana Board of Massage Therapy, the provisions for which are enacted,19
amended, or repealed by this Act, in carrying out functions, duties, and responsibilities20
granted by this Act are hereby transferred to the Louisiana Physical Therapy Board.21
Section 3. All rules and regulations adopted or permits, licenses, registrations,22
variances, or orders issued by the Louisiana Board of Massage Therapy prior to the effective23
date of this Act, shall continue in full force and effect until and after the effective date of this24
Act, unless otherwise revoked, repealed, amended, modified, or terminated in accordance25
with law.26
Section 4. Any legal proceeding, as defined in R.S. 36:924, to which any agency or27
office, the statutory provisions for which are amended or repealed by the provisions of this28
Act, is a party and which is filed, initiated, or otherwise pending before any court on the29 SB NO. 191
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effective date of this Act and all documents involved in or affected by said legal proceeding,1
shall retain their effectiveness and shall be continued in the name of the former agency. All2
further legal proceedings and documents in the continuance, disposition, and enforcement3
of said legal proceedings shall be in the name of the original party agency, and the Louisiana4
Physical Therapy Board shall be substituted for the original party agency without the5
necessity for amendment of any document to substitute the name of the department or the6
name or title of any subdivision or section of the department. For purposes of this Section,7
"document" shall be defined as provided in R.S. 36:924.8
Section 5. All employees heretofore engaged in the performance of functions of the9
Louisiana Board of Massage Therapy, the provisions for which are abolished, amended, or10
transferred by this Act, which functions are assigned by this Act to the Louisiana Physical11
Therapy Board, to the extent the board deems necessary to carry out the functions formerly12
performed, shall insofar as practicable and necessary, continue to perform the duties13
heretofore performed, subject to applicable state civil service laws, rules, and regulations.14
Section 6. This Act is in no way and is to no extent intended to, nor shall it be15
construed in any manner which will impair the contractual or other obligations of any16
agency, office, or department, or of the state of Louisiana, the provisions for which are17
enacted, amended, or repealed by this Act. It is hereby specifically provided that all18
obligations of any such agency, office, or department hereafter shall be deemed to be19
obligations of the Louisiana Physical Therapy Board, to the same extent as if originally20
made by it. In like manner and in order to prevent any violation of the provisions, terms, or21
conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which22
property of any kind has been vested in any such agency, office, or department, or division23
from the purposes for which such property was thus vested in any agency, office, or24
department, it is hereby specifically provided that such instrument or disposition hereafter25
shall be deemed to have been vested in the Louisiana Physical Therapy Board in the same26
manner and to the same extent as if originally so done. The Louisiana Physical Therapy27
Board shall be the successor in every way to each such agency, including all of the28
obligations and debts of each such agency.29 SB NO. 191
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Section 7. This Act shall become effective on January 1, 2013.1
Section 8. R.S. 36:259(CC) is hereby repealed.2
Section 9. R.S. 37:3554 is hereby repealed.3
The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Proposed law abolishes the Louisiana State Board of Massage Therapy and moves the
functions and powers to the Louisiana Physical Therapy Board.
Effective January 1, 2013.
(Amends R.S. 37:2405(A)(intro para), and (A)(1) and (6), (B)(1), (2), (9), and (10), R.S.
37:3552(1), and 3562(D) and repeals R.S. 36:259(CC) and R.S. 37:3554)