SLS 18RS-190 ORIGINAL
2018 Regular Session
SENATE BILL NO. 40
BY SENATOR MILLS
HEALTH CARE. Provides relative to health profession licensing board membership.
(8/1/18)
1 AN ACT
2 To amend and reenact R.S. 36:259, 801.1(A), the introductory paragraph of 802, and
3 803(A)(1), R.S. 37:753(B), (C)(4) and (J), 832(B)(2), 914(B)(1) and (C)(6), 915,
4 916(B), 962(B) and (C), 1042, 1104(A), (B)(1) and (2)(a), and (C), 1174(B), 1263(B)
5 and (C), 1515(A)(2) and (3), and (B), 2102, 2353(A)(1), (2) and (3), 2403(B),
6 2455(B)(1), (3), (4) and (5), 2503(A)(1), (2) and (3), 2654(A), the introductory
7 paragraph of 2704(A), (A)(5), (B), (C) and (G), 2802, 3061(A)(1) and (2), 3084,
8 3201, 3389, 3444(A), (B) and (C), 3463(A), (B) and (E), 3554(A) and (B), and
9 3703(B), (C) and (D), to enact R.S. 37:753(C)(5), 914(B)(3) and 962(D), and to
10 repeal R.S. 37:3061(A)(3) and (4) and R.S. 40:5.11(C), (D), (E) and (F), relative to
11 the health profession licensing boards created within the Louisiana Department of
12 Health; to provide for consumer membership on each of the boards; to provide for
13 consumer member qualifications; to provide for the rights of the consumer member;
14 to provide for board member nominations; to provide for notice by the boards to their
15 licensees; to provide for technical corrections; and to provide for related matters.
16 Be it enacted by the Legislature of Louisiana:
17 Section 1. R.S. 36:259, 801.1(A), the introductory paragraph of 802, and 803(A)(1)
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SLS 18RS-190 ORIGINAL
1 are hereby amended and reenacted to read as follows:
2 §259. Transfer of agencies and functions to Louisiana Department of Health
3 A. Repealed by Acts 2012, No. 811, §17, eff. August 1, 2012.
4 B. Repealed by Acts 2016, No. 577, §3, eff. August 1, 2016.
5 C. The following agencies, as defined by R.S. 36:3, are transferred to and
6 hereafter shall be within the Louisiana Department of Health, as provided in Part II
7 of Chapter 22 of this Title:
8 (1) Greenwell Springs Hospital (Greenwell Springs)
9 (2)-(7) Repealed by Acts 1991, No. 390, §6, eff. Jan. 1, 1992.
10 (8) Repealed by Acts 1989, No. 344, §4, eff. June 28, 1989.
11 (9) Southeast Louisiana State Hospital (Mandeville)
12 (10) Eastern Louisiana Mental Health System (Jackson)
13 (11) Jonesboro Charity Hospital (Jonesboro)
14 (12) Central Louisiana State Hospital (Pineville)
15 (13) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(1); R.S.
16 28:451.4)
17 (14) North Lake Supports and Services Center (R.S. 28:22.8(A)(9))
18 (15) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
19 (16) The behavioral health facilities located in New Orleans, Baton Rouge,
20 Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,
21 Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa, Pineville,
22 Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine, Raceland,
23 Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah, Columbia, Oakdale,
24 and any other state-owned or state-operated facilities as may be hereinafter
25 established ( R.S. 28:22.5)
26 (17) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
27 (18) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
28 (19) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
29 (20) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
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SLS 18RS-190 ORIGINAL
1 (21) Northwest Supports and Services Center (R.S. 28:22.8(A)(6))
2 (22) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
3 (23) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S.
4 40:2142).
5 (24) Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
6 (25) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
7 (26) Repealed by Acts 2012, No. 232, §3, eff. May 22, 2012.
8 D. The following agencies, as defined in R.S. 36:3, are placed within the
9 Louisiana Department of Health and shall perform and exercise their powers, duties,
10 functions, and responsibilities as otherwise provided by law:
11 (1) Louisiana state office of rural health (R.S. 40:2195.1)
12 (2) Repealed by Acts 2013, No. 184, §7(B), eff. August 1, 2013.
13 (3) Louisiana State Child Death Review Panel (R.S. 40:2019)
14 (4) Marriage and Family Therapy Advisory Committee (R.S. 37:1104)
15 (Established by the Louisiana Licensed Professional Counselors Board of
16 Examiners).
17 (5) Nursing Home Emergency Preparedness Review Committee (R.S.
18 40:2009.25)
19 (6) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.)
20 (7) Louisiana Birth Defects Surveillance System Advisory Board (R.S.
21 40:31.41 et seq.)
22 (8) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et seq.)
23 (9) Health Data Panel (R.S. 40:1173.1 et seq.)
24 (10) The Louisiana Standards for Water Works Construction, Operation, and
25 Maintenance Committee (R.S. 40:4.13).
26 E. The following agencies, as defined in R.S. 36:3, are transferred to and
27 hereafter shall be within the Louisiana Department of Health, as provided in R.S.
28 36:803:
29 (1) Louisiana State Board of Nursing (R.S. 37:911 et seq.)
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SLS 18RS-190 ORIGINAL
1 (2) Louisiana State Board of Dentistry ( R.S. 37:751 et seq.)
2 (3) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et seq.)
3 (4) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et seq.)
4 (5) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101 et seq.)
5 (6) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et seq.)
6 (7) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.)
7 (8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S. 37:611
8 et seq.; R.S. 37:1261 et seq.)
9 (9) Louisiana State Board of Embalmers and Funeral Directors (R.S. 37:831
10 et seq.)
11 (10) State Board of Examiners of Psychologists (R.S. 37:2351 et seq.)
12 (11) Louisiana Board of Examiners for Speech-Language Pathology and
13 Audiology (R.S. 37:2650 et seq.)
14 (12) Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.)
15 (13) Board of Examiners for Nursing Facility Administrators (R.S. 37:2501
16 et seq.)
17 (14) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et seq.)
18 (16) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.)
19 (17) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.)
20 (20) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.)
21 (21) The Louisiana Licensed Professional Vocational Rehabilitation
22 Counselors Board of Examiners (R.S. 37:3441 et seq.)
23 (22) Repealed by Acts 2012, No. 811, §1, eff. July 1, 2012.
24 (23) The Addictive Disorder Regulatory Authority (R.S. 37:3389).
25 (24) Repealed by Acts 2008, No. 534, §4, eff. June 30, 2008.
26 (25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.)
27 F. The following agencies, as defined in R.S. 36:3, previously abolished by
28 the Executive Reorganization Act, and their powers, duties, functions, and
29 responsibilities are transferred to the secretary of the Louisiana Department of Health
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1 and shall be exercised and performed as provided in Part IV of Chapter 22 of this
2 Title:
3 (1) Louisiana Health and Human Resources Administration (R.S. 46:1751-
4 46:1767, and generally Chapters 1 and 11 of Title 40 and all of Title 46 of the
5 Louisiana Revised Statutes of 1950, except R.S. 46:1601-46:1608) to the extent that
6 the cited provisions provide with respect to agencies or functions placed in or
7 transferred to the Louisiana Department of Health.
8 (2), (3) Repealed by Acts 1991, No. 390, §6, eff. Jan. 1, 1992.
9 (4) Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
10 (5) Repealed by Acts 1991, No. 390, §6, eff. Jan. 1, 1992.
11 (6) Repealed by Acts 2010, No. 861, §22, eff. August 15, 2010.
12 (7) Repealed by Acts 2010, No. 861, §22, eff. August 15, 2010.
13 (8) Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
14 (9) Louisiana State Board of Health and the Louisiana Department of Health
15 and all its subsidiary boards (Such provisions of Title 40 of the Louisiana Revised
16 Statutes of 1950 as are applicable to the abolished board and department)
17 (10) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et seq.)
18 (11) Repealed by Acts 2010, No. 861, §22, eff. August 15, 2010.
19 (12) Repealed by Acts 1991, No. 390, §6, eff. Jan. 1, 1992.
20 (13) Repealed by Acts 2010, No. 861, §22, eff. August 15, 2010.
21 (14) Repealed by Acts 2010, No. 861, §22, eff. August 15, 2010.
22 (15) Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
23 (16) Anatomical Board (R.S. 17:2271 et seq.)
24 (17) Repealed by Acts 2010, No. 861, §22, eff. August 15, 2010.
25 (18) Board of Commissioners of the South Louisiana Health Services District
26 (R.S. 28:241 et seq.)
27 (19) Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
28 (20) Nursing Home Advisory Committee (R.S. 40:2009.1)
29 (21) Hospital Licensing Council (R.S. 40:2108)
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1 G. The State Board of Electrolysis Examiners (R.S. 37:3051 et seq.) is placed
2 within the Louisiana Department of Health and shall exercise and perform its
3 powers, duties, functions, and responsibilities in the manner provided for agencies
4 transferred in accordance with the provisions of R.S. 36:803.
5 H. The Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et
6 seq.) is placed within the Louisiana Department of Health and shall exercise and
7 perform its powers, duties, functions, and responsibilities in the manner provided for
8 agencies transferred in accordance with the provisions of R.S. 36:802.
9 I. The following agencies, as defined in R.S. 36:3, are placed within the
10 Louisiana Department of Health and shall exercise and perform their powers, duties,
11 functions, and responsibilities in the manner provided for agencies transferred in
12 accordance with the provisions of R.S. 36:802:
13 (1) Repealed by Acts 2001, No. 197, §2.
14 (2) Acts 2009, No. 438, §8(B), eff. August 15, 2009.
15 (3) Commission on Perinatal Care and Prevention of Infant Mortality (R.S.
16 40:2018)
17 (4) Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
18 (5) Water Supply and Sewerage Systems Certification Committee (R.S.
19 40:1281.1 et seq.)
20 (6) Repealed by Acts 1995, No. 185, §3.
21 (7) Repealed by Acts 1989, No. 662, §12, eff. Aug. 15, 1989.
22 (8) Repealed by Acts 1989, No. 352, §3; Acts 1989, No. 662, §8, eff. July 7,
23 1989.
24 J.(1) The Louisiana Emergency Response Network Board (R.S. 40:2841 et
25 seq.) is placed within the Louisiana Department of Health and shall exercise and
26 perform its powers, duties, functions, and responsibilities in the manner provided for
27 agencies transferred in accordance with R.S. 36:801.1.
28 (2) The Louisiana Emergency Response Network Board shall be a separate
29 budget unit within the Louisiana Department of Health.
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1 K. The Medicaid Pharmaceutical and Therapeutics Committee (R.S.
2 46:153.3) is placed within the Louisiana Department of Health and shall perform and
3 exercise its powers, duties, functions, and responsibilities as provided by law.
4 L.(1) The Louisiana Developmental Disabilities Council (R.S. 28:750 et seq.)
5 is placed within the Louisiana Department of Health and shall exercise and perform
6 its powers, duties, functions, and responsibilities in the manner provided for agencies
7 transferred in accordance with the provisions of R.S. 36:801.1. The council shall
8 have full appointing authority for all personnel purposes.
9 (2) The regional and state advisory councils for the community and family
10 support system (R.S. 28:824(J)) are placed within the Louisiana Department of
11 Health and shall exercise and perform their powers, duties, functions, and
12 responsibilities as provided by or pursuant to law.
13 M. Repealed by Acts 2013, No. 184, §2(B), eff. August 1, 2013.
14 N. The advisory council for the program of early identification of deaf or
15 hard of hearing infants (R.S. 46:2261 et seq.) is placed within the Louisiana
16 Department of Health and shall exercise and perform its powers, duties, functions,
17 and responsibilities as provided by or pursuant to law.
18 O. The Louisiana Commission on Addictive Disorders (R.S. 46:2500 et seq.)
19 is placed within the Louisiana Department of Health and shall exercise and perform
20 its powers, duties, functions, and responsibilities in the manner provided for agencies
21 transferred in accordance with the provisions of R.S. 36:914.
22 P. The Physician Assistants Advisory Committee (R.S. 37:1270.1) is placed
23 within the Louisiana Department of Health and shall exercise and perform its
24 powers, duties, functions, and responsibilities in the manner provided for agencies
25 transferred in accordance with the provisions of R.S. 36:914.
26 Q. The Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.
27 37:3081 et seq.) is placed within the Louisiana Department of Health and shall
28 exercise and perform its powers, duties, functions, and responsibilities in the manner
29 provided for agencies transferred in accordance with R.S. 36:803.
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1 R. Repealed by Acts 2013, No. 184, §4(B), eff. August 1, 2013.
2 S. The Louisiana Commission for the Deaf (R.S. 46:2351 et seq.) is hereby
3 placed within the Louisiana Department of Health and shall perform and exercise its
4 powers, duties, functions, and responsibilities as provided for agencies transferred
5 as provided in R.S. 36:802.
6 T. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board
7 (R.S. 46:2631 et seq.) is hereby placed within the Louisiana Department of Health
8 and shall exercise and perform its powers, duties, functions, and responsibilities in
9 the manner provided for agencies transferred in accordance with the provisions of
10 R.S. 36:901 et seq.
11 U. The Louisiana Access to Better Care Medicaid Insurance Demonstration
12 Project Oversight Board ( R.S. 46:160.1 et seq.) is placed within the Louisiana
13 Department of Health and shall exercise and perform its powers, duties, functions,
14 and responsibilities in the manner provided for agencies transferred in accordance
15 with the provisions of Part III of Chapter 22 of this Title.
16 V. Repealed by Acts 2010, No. 743, §10(B), eff. July 1, 2010
17 W. The Louisiana Board of Drug and Device Distributors (R.S. 37:3461 et
18 seq. shall be placed within the Louisiana Department of Health and shall exercise
19 and perform its powers, duties, functions, and responsibilities in the manner provided
20 for agencies transferred in accordance with the provisions of R.S. 36:803.
21 X. Repealed by Acts 2016, No. 614, §8B, eff. August 1, 2016.
22 Y. Repealed by Acts 2015, No. 411, §4, eff. July 1, 2015.
23 Z. Repealed by Acts 1991, No. 390, §6, eff. Jan. 1, 1992.
24 AA. Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.
25 BB. The following agencies, as defined in R.S. 36:3, are placed within the
26 Louisiana Department of Health and shall perform and exercise their powers, duties,
27 functions, and responsibilities in the manner provided for agencies transferred in
28 accordance with the provisions of R.S. 36:914:
29 (1) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.)
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1 (2) The Louisiana Advisory Committee on Populations and Geographic
2 Regions With Excessive Cancer Rates (R.S. 40:1105.12).
3 (3) The Fluoridation Advisory Board (R.S. 40:5.11(C)-(F)).
4 CC. The Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.) is
5 placed within the Louisiana Department of Health and shall exercise and perform its
6 powers, duties, functions, and responsibilities in the manner provided for agencies
7 transferred in accordance with R.S. 36:803.
8 DD. The Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.) is
9 placed within the Louisiana Department of Health under the jurisdiction of the
10 Louisiana State Board of Medical Examiners and shall perform and exercise its
11 powers, duties, functions, and responsibilities in the manner provided for agencies
12 transferred in accordance with R.S. 36:919.2.
13 EE. The Louisiana Licensed Professional Counselors Board of Examiners
14 (R.S. 37:1101 et seq.) is hereby placed within the Louisiana Department of Health
15 and shall perform and exercise its powers, duties, functions, and responsibilities in
16 the manner provided for agencies transferred in accordance with the provisions of
17 R.S. 36:803.
18 FF. The Medical Education Commission (R.S. 17:1519.12) is placed within
19 the Louisiana Department of Health and shall exercise and perform its powers,
20 duties, functions, and responsibilities in the manner provided for agencies transferred
21 in accordance with the provisions of Part III of Chapter 22 of this Title.
22 GG. The Louisiana Emergency Medical Services Certification Commission
23 ( R.S. 40:1131 et seq.) is placed within the Louisiana Department of Health and shall
24 perform and exercise its powers, duties, functions, and responsibilities in the manner
25 provided for agencies transferred in accordance with R.S. 36:919.4.
26 HH. Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
27 II. Repealed by Acts 2010, No. 743, §10(B), eff. July 1, 2010
28 JJ. Repealed by Acts 2008, No. 815, §5.
29 KK. Repealed by Acts 2008, No. 815, §5.
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1 LL. Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
2 MM. The Louisiana Medical Disclosure Panel (R.S. 40:1157.2) is placed
3 within the Louisiana Department of Health and shall exercise and perform its
4 powers, duties, functions, and responsibilities in the manner provided for agencies
5 transferred in accordance with the provisions of R.S. 36:802.
6 NN. The Louisiana Sickle Cell Commission (R.S. 40:2018.3) is placed within
7 the Louisiana Department of Health and shall exercise and perform its powers,
8 duties, functions, and responsibilities as provided by or pursuant to law.
9 OO. The Louisiana Obesity Prevention and Management Commission (R.S.
10 40:2018.4) is placed within the Louisiana Department of Health and shall exercise
11 and perform its powers, duties, functions, and responsibilities as provided by or
12 pursuant to law.
13 A. The following agencies, as defined in R.S. 36:3, are transferred to and
14 hereafter shall be within the Louisiana Department of Health, as provided in
15 R.S. 36:803:
16 (1) Louisiana State Board of Dentistry (R.S. 37:751 et seq.).
17 (2) Louisiana State Board of Embalmers and Funeral Directors (R.S.
18 37:831 et seq.).
19 (3) Louisiana State Board of Nursing (R.S. 37:911 et seq.).
20 (4) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et
21 seq.).
22 (5) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et
23 seq.).
24 (6) Louisiana Licensed Professional Counselors Board of Examiners
25 (R.S. 37:1101 et seq.).
26 (7) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et
27 seq.).
28 (8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S.
29 37:611 et seq.; R.S. 37:1261 et seq.).
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1 (9) Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.).
2 (10) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101
3 et seq.).
4 (11) State Board of Examiners of Psychologists (R.S. 37:2351 et seq.).
5 (12) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.).
6 (13) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.).
7 (14) Board of Examiners for Nursing Facility Administrators (R.S.
8 37:2501 et seq.).
9 (15) Louisiana Board of Examiners for Speech-Language Pathology and
10 Audiology (R.S. 37:2650 et seq.).
11 (16) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et
12 seq.).
13 (17) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.).
14 (18) State Board of Electrolysis Examiners (R.S. 37:3051 et seq.).
15 (19) Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.
16 37:3081 et seq.).
17 (20) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.).
18 (21) The Addictive Disorder Regulatory Authority (R.S. 37:3389).
19 (22) The Louisiana Licensed Professional Vocational Rehabilitation
20 Counselors Board of Examiners (R.S. 37:3441 et seq.).
21 (23) Louisiana Board of Drug and Device Distributors (R.S. 37:3461 et
22 seq.).
23 (24) The Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.).
24 (25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.).
25 B. The following agencies, as defined in R.S. 36:3, are placed within the
26 Louisiana Department of Health and shall perform and exercise their powers,
27 duties, functions, and responsibilities as otherwise provided by law:
28 (1) Louisiana state office of rural health (R.S. 40:2195.1).
29 (2) Louisiana State Child Death Review Panel (R.S. 40:2019).
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1 (3) Marriage and Family Therapy Advisory Committee (R.S. 37:1104)
2 (Established by the Louisiana Licensed Professional Counselors Board of
3 Examiners).
4 (4) Nursing Home Emergency Preparedness Review Committee (R.S.
5 40:2009.25).
6 (5) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.).
7 (6) Louisiana Birth Defects Surveillance System Advisory Board (R.S.
8 40:31.41 et seq.).
9 (7) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et
10 seq.).
11 (8) Health Data Panel (R.S. 40:1173.1 et seq.).
12 (9) The Louisiana Standards for Water Works Construction, Operation,
13 and Maintenance Committee (R.S. 40:4.13).
14 (10) Medicaid Pharmaceutical and Therapeutics Committee (R.S.
15 46:153.3).
16 (11) The advisory council for the program of early identification of deaf
17 or hard of hearing infants (R.S. 46:2261 et seq.).
18 (12) Louisiana Obesity Prevention and Management Commission (R.S.
19 40:2018.4).
20 (13) Louisiana Sickle Cell Commission (R.S. 40:2018.3).
21 (14) Physician Assistants Advisory Committee (R.S. 37:1270.1).
22 (15) Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et
23 seq.).
24 (16) Commission on Perinatal Care and Prevention of Infant Mortality
25 (R.S. 40:2018).
26 (17) Water Supply and Sewerage Systems Certification Committee (R.S.
27 40:1281.1 et seq.).
28 (18) Louisiana Commission for the Deaf (R.S. 46:2351 et seq.).
29 (19) Louisiana Medical Disclosure Panel (R.S. 40:1157.2).
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1 (20) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.).
2 (21) The Louisiana Advisory Committee on Populations and Geographic
3 Regions With Excessive Cancer Rates (R.S. 40:1105.12).
4 (22) Medical Education Commission (R.S. 17:1519.12).
5 (23) Louisiana Access to Better Care Medicaid Insurance Demonstration
6 Project Oversight Board (R.S. 46:160.1 et seq.).
7 (24)(a) The Louisiana Emergency Response Network Board (R.S.
8 40:2841 et seq.).
9 (b) The Louisiana Emergency Response Network Board shall be a
10 separate budget unit within the Louisiana Department of Health.
11 (25)(a) The Louisiana Developmental Disabilities Council (R.S. 28:750
12 et seq.). The council shall have full appointing authority for all personnel
13 purposes.
14 (b)The regional and state advisory councils for the Community and
15 Family Support System (R.S. 28:824(J)).
16 (26) Anatomical Board (R.S. 17:2271 et seq.).
17 (27) Board of Commissioners of the South Louisiana Health Services
18 District (R.S. 28:241 et seq.).
19 (28) Nursing Home Advisory Committee (R.S. 40:2009.1).
20 (29) Hospital Licensing Council (R.S. 40:2108).
21 (30) Traumatic Head and Spinal Cord Injury Trust Fund Advisory
22 Board (R.S. 46:2631 et seq.).
23 (31) Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.).
24 (32) Louisiana Emergency Medical Services Certification Commission
25 (R.S. 40:1131 et seq.).
26 (33) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et
27 seq.).
28 (34) Louisiana State Board of Health and the Louisiana Department of
29 Health and all its subsidiary boards (Such provisions of Title 40 of the
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1 Louisiana Revised Statutes of 1950 as are applicable to the abolished board and
2 department).
3 C. The following agencies, as defined by R.S. 36:3, are transferred to and
4 hereafter shall be within the Louisiana Department of Health, as provided in
5 Part II of Chapter 22 of this Title:
6 (1) Eastern Louisiana Mental Health System (Jackson).
7 (2) Central Louisiana State Hospital (Pineville).
8 (3) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(1); R.S.
9 28:451.4).
10 (4) North Lake Supports and Services Center (R.S. 28:22.8(A)(3); R.S.
11 28:451.4).
12 (5) The behavioral health facilities located in New Orleans, Baton Rouge,
13 Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,
14 Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa,
15 Pineville, Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine,
16 Raceland, Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah,
17 Columbia, Oakdale, and any other state-owned or state-operated facilities as
18 may be hereinafter established (R.S. 28:22.5).
19 (6) Northwest Supports and Services Center (R.S. 28:22.8(A)(2); R.S.
20 28:451.4).
21 (7) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S.
22 40:2142).
23 * * *
24 §801.1. Transfer; retention of all functions
25 A. The agencies transferred by the provisions of R.S. 36:4(B)(1)(dd) and (18)
26 and (D), 4.1(C) and (G), 53(H) and (J), 209(R), 259(J)(B)(24), 409(N), 509(O),
27 651(D), and 725(A) shall continue to be comprised and selected as provided by law.
28 * * *
29 §802. Transfer; retention of policymaking and rulemaking functions
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1 The agencies transferred by the provisions of R.S. 36:209(Q) and (Y),
2 259(MM)(B)(19), 309(B), 409(C), 459(B), 610(B), 629(I), and 769(C) shall continue
3 to be composed and selected as provided by law, and each shall continue to exercise
4 all of the powers, duties, functions, and responsibilities provided or authorized for
5 each by the constitution or laws which are in the nature of policymaking,
6 rulemaking, licensing, regulation, enforcement, or adjudication and also shall
7 continue to exercise all advisory powers, duties, functions, and responsibilities
8 provided by law. Such powers, duties, functions, and responsibilities shall be
9 exercised independently of the secretary and any assistant secretary, except that:
10 * * *
11 §803. Transfer; licensing agencies
12 A.(1) Each of the agencies transferred by the provisions of R.S. 36:4.1(D),
13 R.S. 36:209(D), R.S. 36:259(E)(A), R.S. 36:309(D), R.S. 36:409(D), and R.S.
14 36:509(C), all of which are charged by law with the responsibility for the regulation,
15 examination, certification, and licensing of persons in this state, and the enforcement
16 of the laws relating thereto, shall continue to be composed and selected as provided
17 by law, and each shall continue to exercise all of the powers, duties, functions, and
18 responsibilities provided or authorized for each by the constitution or laws which are
19 in the nature of policymaking, rulemaking, certification, licensing, regulation,
20 enforcement, or adjudication and also shall continue to exercise all advisory powers,
21 duties, functions, and responsibilities provided by law.
22 * * *
23 Section 2. R.S. 37:753(B), (C)(4) and (J), 832(B)(2), 914(B)(1) and (C)(6), 915,
24 916(B), 962(B) and (C), 1042, 1104(A), (B)(1) and (2)(a), and (C), 1174(B), 1263(B) and
25 (C), 1515(A)(2) and (3), and (B), 2102, 2353(A)(1), (2) and (3), 2403(B), 2455(B)(1), (3),
26 (4) and (5), 2503(A)(1), (2) and (3), 2654(A), the introductory paragraph of 2704(A), (A)(5),
27 (B), (C) and (G), 2802, 3061(A)(1) and (2), 3084, 3201, 3389, 3444(A), (B) and (C),
28 3463(A), (B) and (E), 3554(A) and (B), and 3703(B), (C) and (D) are hereby amended and
29 reenacted and R.S. 37:753(C)(5), 914(B)(3) and 962(D) are hereby enacted to read as
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1 follows:
2 §753. Louisiana State Board of Dentistry; appointment of members; term of office;
3 vacancies; nominating meetings; quorum; domicile
4 * * *
5 B. The board shall be composed of such fifteen members to include one
6 consumer, thirteen qualified and licensed dentists as provided in Subsection C of
7 this Section and one qualified and licensed dental hygienist.
8 C. Each member of the board shall be appointed by the governor as follows:
9 * * *
10 (4)(a) The consumer member shall be selected from the state at-large and
11 appointed by the governor. The consumer member of the board shall possess all
12 of the following qualifications:
13 (i) Is a citizen of the United States and has been a resident of Louisiana
14 for at least one year immediately prior to appointment.
15 (ii) Has attained the age of majority.
16 (iii) Shall not have ever been licensed by any of the licensing boards
17 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
18 licensed by a board identified in R.S. 36:259(A).
19 (iv) Has never been convicted of a felony.
20 (v) Shall not have nor shall ever have had a material financial interest
21 in the healthcare profession.
22 (b) The consumer member shall be a full voting member of the board
23 with all rights and privileges conferred on board members, except that the
24 consumer member shall not participate in the grading of individual
25 examinations.
26 (5) In the event the governor declares a state of emergency, all nominating
27 procedures may be delayed for a period of not longer than one hundred eighty days
28 from the date the emergency was first declared by the governor.
29 * * *
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1 J. Each member of the board shall be actively engaged in the practice of
2 dentistry or the practice of dental hygiene at the time of appointment, except for the
3 consumer member.
4 * * *
5 §832. Louisiana State Board of Embalmers and Funeral Directors; appointments;
6 terms of office
7 * * *
8 B.(1) * * *
9 * * *
10 (2)(a) The board shall also include one member, appointed by the governor,
11 who shall be sixty years of age or over and who shall serve as a representative of the
12 elderly consumers of Louisiana. The elderly member shall not be actively engaged
13 in nor shall he be retired from the occupation, profession, or industry of funeral
14 directors or embalmers. The elderly member shall be a full voting member of the
15 board, except that the elderly member shall not participate in the grading of
16 individual examinations. consumer member who shall be selected from the state
17 at-large and appointed by the governor. The consumer member of the board
18 shall possess all of the following qualifications:
19 (i) Is a citizen of the United States and has been a resident of Louisiana
20 for at least one year immediately prior to appointment.
21 (ii) Has attained the age of majority.
22 (iii) Shall not have ever been licensed by any of the licensing boards
23 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
24 licensed by a board identified in R.S. 36:259(A).
25 (iv) Has never been convicted of a felony.
26 (v) Shall not have nor shall ever have had a material financial interest
27 in the healthcare profession.
28 (b) The consumer member shall be a full voting member of the board,
29 except that the consumer member shall not participate in the grading of
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1 individual examinations.
2 * * *
3 §914. Louisiana State Board of Nursing; appointment of members; term of office;
4 vacancy; officers; compensation
5 * * *
6 B.(1) The board shall be composed of eight registered nurses appointed by
7 the governor from a list of names submitted by the Louisiana State Nurses
8 Association, one certified registered nurse anesthetist appointed by the governor
9 from a list of names submitted by the Louisiana Association of Nurse Anesthetists,
10 Ltd., and two representatives of the consumers of Louisiana from the state at-large
11 appointed by the governor, neither of whom shall be a nurse. Each board member
12 shall possess all of the applicable qualifications provided in R.S. 37:916.
13 * * *
14 (3) Within not less than thirty days prior to the expiration of each
15 member's term, the board shall submit to the governor a list of the names of
16 interested and qualified individuals for each respective category of board
17 member identified through notice to all individuals licensed by the board, from
18 which the governor shall make his appointment. The consumer member may
19 also apply directly to the office of the governor.
20 C.
21 * * *
22 (6) Upon the expiration of the term of any member or in the event of a
23 vacancy for any reason, the appropriate nominating organization board shall submit
24 to the governor the names of two interested and qualified persons for each vacancy
25 to be filled.
26 * * *
27 §915. Removal of board members
28 Any member may be removed from the board by the governor or a majority
29 vote of the board after notice and a hearing by the board wherein grounds for
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1 removal have been established, and the removal is recommended by the Louisiana
2 State Nurses Association. Grounds for removal shall include but not be limited to
3 incompetence, neglect of duty, or unprofessional or dishonorable conduct.
4 §916. Qualifications of board members
5 * * *
6 B.(1) Each consumer member of the board shall possess all of the following
7 qualifications:
8 (1)(a) Is a citizen of the United States and has been a resident of Louisiana
9 for at least one year immediately prior to appointment.
10 (2)(b) Has attained the age of majority.
11 (3)(c) Has never engaged in any activity directly related to the practice of
12 professional nursing Shall not have ever been licensed by any of the licensing
13 boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever
14 been licensed by a board identified in R.S. 36:259(A).
15 (4)(d) Has never been convicted of a felony.
16 (e) Shall not have nor shall ever have had a material financial interest in
17 the healthcare profession.
18 (2) The consumer member shall be a full voting member of the board
19 with all rights and privileges conferred on board members, except that the
20 consumer member shall not participate in the grading of individual
21 examinations.
22 * * *
23 §962. Louisiana State Board of Practical Nurse Examiners; method of appointment
24 * * *
25 B. Six members of the board shall be practical nurses, two shall be registered
26 nurses, one shall be a consumer, and five four shall be licensed physicians.
27 C.(1) The appointment of members of the board shall be made from a list,
28 containing twice the number of eligibles to be appointed, submitted to the governor
29 by the Louisiana State Medical Society where the appointee shall be a licensed
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1 physician, by the Louisiana Federation of Licensed Practical Nurses, Inc., for one of
2 the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of
3 the practical nurses, by the Louisiana Nursing Home Association, for one practical
4 nurse, by the Louisiana Hospital Association, for one practical nurse, or by the
5 Louisiana State Nurses Association where the appointee shall be a registered nurse
6 board.
7 (2) Within not less than thirty days prior to the expiration of each
8 member's term, the board shall submit to the governor a list of the names of
9 interested and qualified individuals for each respective category of board
10 member identified through notice to all individuals licensed by the board, from
11 which the governor shall make his appointment. The consumer member may
12 also apply directly to the office of the governor.
13 D.(1) The consumer member shall be selected from the state at-large and
14 appointed by the governor. The consumer member of the board shall possess all
15 of the following qualifications:
16 (a) Is a citizen of the United States and has been a resident of Louisiana
17 for at least one year immediately prior to appointment.
18 (b) Has attained the age of majority.
19 (c) Shall not have ever been licensed by any of the licensing boards
20 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
21 licensed by a board identified in R.S. 36:259(A).
22 (d) Has never been convicted of a felony.
23 (e) Shall not have nor shall ever have had a material financial interest in
24 the healthcare profession.
25 (2) The consumer member shall be a full voting member of the board
26 with all rights and privileges conferred on board members, except that the
27 consumer member shall not participate in the grading of individual
28 examinations.
29 * * *
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1 §1042. Louisiana State Board of Optometry Examiners; appointment; terms of
2 members; protected action and communication
3 A. The Louisiana State Board of Optometry Examiners is created within the
4 Louisiana Department of Health and is subject to the provisions of R.S. 36:803. This
5 board shall consist of five four members who shall be licensed optometrists and shall
6 have practiced optometry in this state for seven years and one consumer member.
7 B. Each licensed optometrist member of the board shall be appointed by the
8 governor from a list of three names submitted to him by the board. For the purpose
9 of preparing the list of three names, the board shall conduct an annual meeting on a
10 date in June set by the board annually, at which all optometrists licensed under the
11 laws of Louisiana shall have the right to attend, nominate and vote. The board shall
12 have the authority to regulate and prescribe the place and hour of the meeting, the
13 method of nomination, and the manner of voting. Each optometrist in attendance
14 shall have the right to vote for those persons duly nominated and no cumulative or
15 proxy voting shall be permitted. Each optometrist voting must vote for three
16 nominees in order for his ballot to be valid, and any ballot indicating votes for more
17 or less than three nominees shall be null and void. The three persons receiving the
18 greatest number of votes of those in attendance at the meeting shall be the three
19 persons whose names shall be submitted to the governor for appointment to the
20 board. At least thirty days prior to the meeting the board shall mail notices to each
21 optometrist licensed under the laws of Louisiana at the address shown in his current
22 registration notifying each optometrist of the exact date, place and hour of the
23 meeting, the purpose of the meeting and of his right to attend and vote.
24 C.(1) The consumer member shall be selected from the state at-large and
25 appointed by the governor. The consumer member of the board shall possess all
26 of the following qualifications:
27 (a) Is a citizen of the United States and has been a resident of Louisiana
28 for at least one year immediately prior to appointment.
29 (b) Has attained the age of majority.
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1 (c) Shall not have ever been licensed by any of the licensing boards
2 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
3 licensed by a board identified in R.S. 36:259(A).
4 (d) Has never been convicted of a felony.
5 (e) Shall not have nor shall ever have had a material financial interest in
6 the healthcare profession.
7 (2) The consumer member shall be a full voting member of the board
8 with all rights and privileges conferred on board members, except that the
9 consumer member shall not participate in the grading of individual
10 examinations.
11 C.D. Each appointment by the governor shall be subject to Senate
12 confirmation. The term of each member shall be five years, but vacancies occurring
13 during the term of a member shall be filled for the unexpired term by an optometrist
14 possessing the qualifications for board membership, nominated by the remaining
15 members of the board and appointed by the governor from that nomination.
16 D.E. There shall be no liability on the part of and no action for damages
17 against any of the following:
18 (1) Any member of the board, or its agents or employees, for any action
19 undertaken or performed by such person within the scope of the duties, powers, and
20 functions of the board or such examining committee as provided for in this Chapter
21 when such person is acting without malice and in the reasonable belief that the action
22 taken by him is warranted; or.
23 (2) Any person providing information to the board, its agents or employees,
24 whether a witness, or otherwise, unless such information is false and the person
25 providing it knew that such information was false.
26 E.F. In any suit brought against the board, its employees or agents, or any
27 person or entity providing information to the board, when the defendant substantially
28 prevails in such suit, the court shall, at the conclusion of the action, award to the
29 defendant and assess against the claimant the cost of defending the suit attributable
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1 to such claim, including reasonable attorney fees, if the claim, or the claimant's
2 conduct during the litigation of the claim, was either frivolous, unreasonable, without
3 foundation, or in bad faith. For the purpose of this Subsection, a defendant shall not
4 be considered to have substantially prevailed when the claimant obtains an award for
5 damages or permanent injunctive or declaratory relief.
6 * * *
7 §1104. Louisiana Licensed Professional Counselors Board of Examiners
8 A. There is hereby created in the Louisiana Department of Health the
9 Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred
10 to as the "board", consisting of eleven members who shall be residents of the state
11 of Louisiana. Each term shall be for four years. Seven appointments to the board,
12 including one individual from the public at large, shall be made by the governor from
13 a list of qualified candidates submitted by the executive board of the Louisiana
14 Counseling Association. Four appointments to the board shall be made by the
15 governor from a list of qualified candidates submitted by the executive board of the
16 Louisiana Association for Marriage and Family Therapy. Each appointment by the
17 governor shall be submitted to the Senate for confirmation.
18 B.(1)(a) The membership of the board shall consist of three licensed
19 professional counselors, three educators who are licensed professional counselors
20 and whose function is the training of mental health counselors in accredited
21 programs, four licensed marriage and family therapists, and one individual
22 consumer from the public at large at-large. The professional membership of the
23 board shall be licensed under this Chapter. The board shall perform such duties and
24 exercise such powers as this Chapter prescribes and confers upon it. No member of
25 the board shall be liable in any civil action for any act performed in good faith in the
26 execution of his duties under this Chapter.
27 (b) Within not less than thirty days prior to the expiration of each
28 member's term, the board shall submit to the governor a list of the names of
29 interested and qualified individuals for each respective category of board
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1 member identified through notice to all individuals licensed by the board, from
2 which the governor shall make his appointment. The consumer member may
3 also apply directly to the office of the governor.
4 (c)(i) The consumer member shall be appointed from the state at-large
5 and appointed by the governor, subject to confirmation by the Senate. The
6 consumer member of the board shall possess all of the following qualifications:
7 (aa) Is a citizen of the United States and has been a resident of Louisiana
8 for at least one year immediately prior to appointment.
9 (bb) Has attained the age of majority.
10 (cc) Shall not have ever been licensed by any of the licensing boards
11 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
12 licensed by a board identified in R.S. 36:259(A).
13 (dd) Has never been convicted of a felony.
14 (ee) Shall not have nor shall ever have had a material financial interest
15 in the healthcare profession.
16 (ii) The consumer member shall be a full voting member of the board
17 with all rights and privileges conferred on board members, except that the
18 consumer member shall not participate in the grading of individual
19 examinations.
20 (2)(a) The board shall establish a Marriage and Family Therapy Advisory
21 Committee, which shall consist of the four licensed marriage and family therapist
22 board members appointed by the governor from a list of names submitted by the
23 executive board of the Louisiana Association for Marriage and Family Therapy.
24 * * *
25 C. No board member shall serve more than two full consecutive terms. Any
26 board member may be removed by the governor or majority vote of the board, after
27 notice and hearing, for incompetence, neglect of duty, malfeasance in office, or
28 moral turpitude. Any vacancy occurring in board membership for the three licensed
29 professional counselors, three counselor educators, or one consumer member of the
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1 public at large at-large, other than by expiration of term, shall be appointed for the
2 remainder of the unexpired term by the governor within thirty days from a list of
3 qualified candidates supplied provided by the executive board of the Louisiana
4 Counseling Association. Any vacancy occurring in board membership for the four
5 licensed marriage and family therapists, other than by expiration of term, shall be
6 appointed for the remainder of the unexpired term by the governor within thirty days
7 from a list of qualified candidates supplied provided by the executive board of the
8 Louisiana Association for Marriage and Family Therapy.
9 * * *
10 §1174. Qualifications
11 * * *
12 B.(1) The consumer member of the board shall possess all of the following
13 qualifications: be a resident of this state who has attained the age of majority and
14 shall not have nor shall ever have had material financial interest in the providing of
15 pharmacy services or who has engaged in any activity directly related to the practice
16 of pharmacy. The consumer representative shall not have been convicted of a felony.
17 (a) Is a citizen of the United States and has been a resident of Louisiana
18 for at least one year immediately prior to appointment.
19 (b) Has attained the age of majority.
20 (c) Shall not have ever been licensed by any of the licensing boards
21 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
22 licensed by a board identified in R.S. 36:259(A).
23 (d) Has never been convicted of a felony.
24 (e) Shall not have nor shall ever have had a material financial interest in
25 the healthcare profession.
26 (2) The consumer member shall be a full voting member of the board
27 with all rights and privileges conferred on board members, except that the
28 consumer member shall not participate in the grading of individual
29 examinations.
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1 * * *
2 §1263. Louisiana State Board of Medical Examiners; membership; qualifications;
3 appointment; removal; terms
4 * * *
5 B. Beginning on January 1, 2017, the The board shall consist of seven voting
6 members comprised of six physicians and one consumer member from the state
7 at-large, all appointed by the governor and subject to Senate confirmation. as
8 follows: Within not less than thirty days prior to the expiration of each
9 member's term, the board shall submit to the governor a list of the names of
10 interested and qualified individuals for each respective category of board
11 member identified through notice to all individuals licensed by the board, from
12 which the governor shall make his appointment. The consumer member may
13 also apply directly to the office of the governor.
14 (1) Two members from a list of names submitted by the Louisiana State
15 Medical Society. One of the members so appointed shall practice in a parish or
16 municipality with a population of less than twenty thousand people.
17 (2) One member from a list of names submitted by the Louisiana State
18 University Health Sciences Center at New Orleans and the Louisiana State
19 University Health Sciences Center at Shreveport.
20 (3) One member from a list of names submitted by the Tulane Medical
21 School.
22 (4) Two members from a list submitted by the Louisiana Medical
23 Association.
24 (5) One member from a list submitted by the Louisiana Academy of Family
25 Practice Physicians.
26 C.(1) Each physician member of the board shall at the time of appointment:
27 (1)(a) Be a resident of this state for not less than six months.
28 (2)(b) Be currently licensed and in good standing to engage in the practice
29 of medicine in this state.
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1 (3)(c) Be actively engaged in the practice of medicine in this state.
2 (4)(d) Have five years of experience in the practice of medicine in this state
3 after licensure.
4 (5)(e) Have not been convicted of a felony.
5 (6)(f) Have not been placed on probation by the board.
6 (2)(a) The consumer member of the board shall possess all of the
7 following qualifications:
8 (i) Is a citizen of the United States and has been a resident of Louisiana
9 for at least one year immediately prior to appointment.
10 (ii) Has attained the age of majority.
11 (iii) Shall not have ever been licensed by any of the licensing boards
12 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
13 licensed by a board identified in R.S. 36:259(A).
14 (iv) Has never been convicted of a felony.
15 (v) Shall not have nor shall ever have had a material financial interest
16 in the healthcare profession.
17 (b) The consumer member shall be a full voting member of the board
18 with all rights and privileges conferred on board members, except that the
19 consumer member shall not participate in the grading of individual
20 examinations.
21 * * *
22 §1515. Board of Veterinary Medicine; terms; compensation; removal
23 A. * * *
24 * * *
25 (2) The board shall be composed of five members to include four
26 veterinarians and one consumer, appointed by the governor subject to
27 confirmation by the Senate, each appointed for a term of five years or until his
28 successor is appointed, except that, as provided by rule, the terms of the initial and
29 subsequent members shall be staggered terms of five years. Terms shall begin on
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1 August first and terminate on July thirtieth of the fifth year of the term. Should the
2 signing of an appointment by the governor be delayed for any reason, the term itself
3 shall not be changed but shall begin on August first and end on July thirtieth. The
4 outgoing member shall remain on the board until such time as the incoming
5 member's appointment has been effected.
6 (3) Whenever a vacancy occurs under this Section, the State Veterinary
7 Medical Association shall nominate three or more qualified persons for each vacancy
8 and forward the nominations to the governor at least thirty days before the date set
9 for the appointment. The governor shall appoint one of the persons so nominated to
10 fill the vacancy. Vacancies due to death, resignation, or removal shall be filled for
11 the remainder of the unexpired term in the same manner as regular appointments.
12 Within not less than thirty days prior to the expiration of each member's term,
13 the board shall submit to the governor a list of the names of interested and
14 qualified individuals for each respective category of board member identified
15 through notice to all individuals licensed by the board, from which the governor
16 shall make his appointment. The consumer member may also apply directly to
17 the office of the governor.
18 * * *
19 B.(1) A person shall be qualified to serve as a veterinarian member of the
20 board if he is a graduate of a veterinary school, a resident of this state, and has been
21 licensed to practice veterinary medicine in this state for the five years immediately
22 preceding the time of his appointment. No person may serve on the board who is or
23 was during the two years immediately preceding his appointment, a member of the
24 faculty, trustee or advisory board of a veterinary school.
25 (2)(a) The consumer member of the board shall possess all of the
26 following qualifications:
27 (i) Is a citizen of the United States and has been a resident of Louisiana
28 for at least one year immediately prior to appointment.
29 (ii) Has attained the age of majority.
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1 (iii) Shall not have ever been licensed by any of the licensing boards
2 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
3 licensed by a board identified in R.S. 36:259(A).
4 (iv) Has never been convicted of a felony.
5 (v) Shall not have nor shall ever have had a material financial interest
6 in the healthcare profession.
7 (b) The consumer member shall be a full voting member of the board
8 with all rights and privileges conferred on board members, except that the
9 consumer member shall not participate in the grading of individual
10 examinations.
11 * * *
12 §2102. Board of Examiners; creation; domicile; membership; terms of office
13 A.(1) The Louisiana State Board of Examiners for Sanitarians is hereby
14 created within the Louisiana Department of Health and is subject to the provisions
15 of R.S. 36:803. Its domicile shall be in the city of New Orleans, Louisiana. The
16 board shall consist of seven members, three of whom shall be respectively the dean
17 of the College of Arts and Sciences of Louisiana State University and Agricultural
18 and Mechanical College; the dean of the College of Arts and Sciences of Tulane
19 University of Louisiana; and the assistant secretary, office of public health of the
20 Louisiana Department of Health; and four six of whom shall be duly recognized
21 licensed practicing sanitarians and one consumer member, all who shall be
22 appointed by the governor and confirmed by the Senate.
23 (2) Within not less than thirty days prior to the expiration of each
24 member's term, the board shall submit to the governor a list of the names of
25 interested and qualified individuals for each respective category of board
26 member identified through notice to all individuals licensed by the board, from
27 which the governor shall make his appointment. The consumer member may
28 also apply directly to the office of the governor.
29 (3)(a) The consumer member shall be selected from the state at-large and
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1 appointed by the governor. The consumer member of the board shall possess all
2 of the following qualifications:
3 (i) Is a citizen of the United States and has been a resident of Louisiana
4 for at least one year immediately prior to appointment.
5 (ii) Has attained the age of majority.
6 (iii) Shall not have ever been licensed by any of the licensing boards
7 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
8 licensed by a board identified in R.S. 36:259(A).
9 (iv) Has never been convicted of a felony.
10 (v) Shall not have nor shall ever have had a material financial interest
11 in the healthcare profession.
12 (b) The consumer member shall be a full voting member of the board
13 with all rights and privileges conferred on board members, except that the
14 consumer member shall not participate in the grading of individual
15 examinations.
16 B. The four sanitarians of the original board shall be appointed to terms
17 beginning with the effective date of this Chapter, as follows: one member for one
18 year, one member for two years, one member for three years, and one member for
19 four years. Thereafter each sanitarian Each member appointed to the board shall be
20 appointed and serve for a term of four years.
21 * * *
22 §2353. State board of examiners; organization; duties; meetings; fees
23 A.(1) There is hereby created within the Louisiana Department of Health a
24 Louisiana State Board of Examiners of Psychologists which shall be subject to the
25 provisions of R.S. 36:803. The board shall consist of five members who are citizens
26 of the United States, residents of the state of Louisiana, and appointed by the
27 governor to be comprised of five psychologists and one consumer.
28 (2) Upon expiration of the three-year terms of the members in office on
29 September 1, 1987, and except for the transition set forth below, the The governor
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1 shall appoint members for terms of five years. Each appointment by the governor
2 shall be subject to Senate confirmation. For the two vacancies occurring July 1,
3 1988, one member shall be appointed for a three-year term and one member for a
4 four-year term; for the vacancy occurring July 1, 1989, the member shall be
5 appointed for a four-year term; and for the two vacancies occurring July 1, 1990, one
6 member shall be appointed for a four-year term and one member for a five-year term.
7 A board member shall not be eligible to succeed himself. All psychologist
8 appointments shall be from a list provided by the Louisiana Psychological
9 Association board. Within not less than thirty days prior to the expiration of
10 each member's term, the board shall submit to the governor a list of the names
11 of interested and qualified individuals for each respective category of board
12 member identified through notice to all individuals licensed by the board, from
13 which the governor shall make his appointment. The consumer member may
14 also apply directly to the office of the governor. The list shall report the results of
15 an election in which persons qualified for board membership may nominate
16 themselves and in which licensed members of the Louisiana Psychological
17 Association and other persons licensed under this Chapter psychologists are entitled
18 to one vote for each vacancy on the board.
19 (3)(a) Each psychologist board member shall be a citizen of the United
20 States, resident of the state of Louisiana, shall have rendered service, teaching,
21 training, or research in psychology for at least five years, shall have held a doctoral
22 degree in psychology from a school or college as defined in this Chapter for a period
23 of five years, and shall be licensed under this Chapter for a minimum of five years.
24 (b)(i) The consumer member shall be selected from the state at-large and
25 shall possess all of the following qualifications:
26 (aa) Is a citizen of the United States and has been a resident of Louisiana
27 for at least one year immediately prior to appointment.
28 (bb) Has attained the age of majority.
29 (cc) Shall not have ever been licensed by any of the licensing boards
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1 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
2 licensed by a board identified in R.S. 36:259(A).
3 (dd) Has never been convicted of a felony.
4 (ee) Shall not have nor shall ever have had a material financial interest
5 in the healthcare profession.
6 (ii) The consumer member shall be a full voting member of the board
7 with all rights and privileges conferred on board members, except that the
8 consumer member shall not participate in the grading of individual
9 examinations.
10 * * *
11 §2403. Physical therapy board; composition
12 * * *
13 B.(1) The board shall consist of seven members who shall be appointed by
14 the governor as follows: to include four physical therapists, one physical
15 therapist assistant, one physician, and one consumer member. Within not less
16 than thirty days prior to the expiration of each member's term, the board shall
17 submit to the governor a list of the names of interested and qualified individuals
18 for each respective category of board member identified through notice to all
19 individuals licensed by the board, from which the governor shall make his
20 appointment. The consumer member may also apply directly to the office of the
21 governor.
22 (1) Two members shall be physical therapists who possess an unrestricted
23 license to practice physical therapy and who have been practicing in the state for no
24 less than three years.
25 (2) One member shall be a physical therapist who possesses an unrestricted
26 license to practice physical therapy and has been practicing in the state for no less
27 than three years and shall be appointed from a list of names submitted by the
28 Louisiana Hospital Association.
29 (3) Two members shall be physical therapists who possess an unrestricted
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1 license to practice physical therapy and have been practicing in the state for no less
2 than three years and shall be appointed from a list of names submitted by the
3 Louisiana Physical Therapy Association.
4 (4) One member shall be a physical therapist assistant who possesses an
5 unrestricted license to assist in the practice of physical therapy as a physical therapist
6 assistant and who has been practicing in the state for no less than three years.
7 (5) One member shall be a physician who possesses an unrestricted license
8 to practice medicine in the state and who specializes in the practice of orthopedic
9 surgery or the practice of physiatry and shall be appointed from a list of names
10 submitted by the Louisiana State Medical Society.
11 (2) The physical therapist and physical therapist assistant shall possess
12 an unrestricted license to practice physical therapy or to assist in the practice
13 of physical therapy and shall have been practicing in the state for no less than
14 three years.
15 (3)(a) The consumer member shall be selected from the state at-large and
16 possess all of the following qualifications:
17 (i) Is a citizen of the United States and has been a resident of Louisiana
18 for at least one year immediately prior to appointment.
19 (ii) Has attained the age of majority.
20 (iii) Shall not have ever been licensed by any of the licensing boards
21 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
22 licensed by a board identified in R.S. 36:259(A).
23 (iv) Has never been convicted of a felony.
24 (v) Shall not have nor shall ever have had a material financial interest
25 in the healthcare profession.
26 (b) The consumer member shall be a full voting member of the board
27 with all rights and privileges conferred on board members, except that the
28 consumer member shall not participate in the grading of individual
29 examinations.
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1 * * *
2 §2455. Louisiana Board for Hearing Aid Dealers; composition; districts
3 * * *
4 B.(1) The board shall be composed of nine members to include eight
5 licensed hearing aid dealers and one consumer member, each appointed by the
6 governor and confirmed by the Senate. Seven members shall be hearing aid
7 dealers, the eighth shall be the state health officer or his representative, and the ninth
8 member shall be sixty years of age or over and shall serve as a representative of the
9 elderly consumers of Louisiana. The seven hearing aid dealers shall be appointed in
10 the following manner. The Louisiana Society of Hearing Aid Specialists, chartered
11 by the state, shall submit to the governor names of not less than fourteen qualified
12 hearing aid dealers, who shall be actively engaged in the selling and fitting of
13 hearing aids. Within not less than thirty days prior to the expiration of each
14 member's term, the board shall submit to the governor a list of the names of
15 interested and qualified individuals for each respective category of board
16 member identified through notice to all individuals licensed by the board, from
17 which the governor shall make his appointment. The consumer member may
18 also apply directly to the office of the governor.
19 * * *
20 (3) Out of the fourteen qualified hearing aid dealers to be submitted to the
21 governor, four are to be domiciled and work in District I and two are to be domiciled
22 and work in each of the other districts. The board shall include in their submission
23 to the governor interested and qualified hearing aid dealers who are domiciled
24 and work in each of the six districts unless there were no interested and
25 qualified individuals in a particular district.
26 (4) From this list the governor shall appoint seven members of the board, two
27 from District I, and one from each of the other five districts. Of the seven hearing aid
28 dealer members of the board, one shall be appointed to serve a term of four years,
29 two shall be appointed to serve for a term of three years, two shall be appointed to
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1 serve for a term of two years, and two shall be appointed to serve for a term of one
2 year. Each member so appointed shall serve for the term of his appointment, and
3 thereafter until his successor has been appointed by the governor. After the original
4 board member has been appointed by the governor, as hereinabove set forth, each of
5 the successor hearing aid dealer board members Each member shall be appointed
6 for a term of four years. All terms provided in this Paragraph shall begin on January
7 1, 1969. In the event of a vacancy on the board, the governor shall appoint a new
8 hearing aid dealer board member to serve out the unexpired term. The members of
9 the board shall annually designate one such member to serve as chairman and
10 another member to serve as secretary-treasurer. No hearing aid dealer member of the
11 board may be reappointed to the board until at least one year after the expiration of
12 his second term of office.
13 (5)(a) The elderly representative shall be appointed by the governor and the
14 appointment shall be subject to Senate confirmation. The elderly representative shall
15 serve at the pleasure of the governor and any vacancy shall be filled by a
16 gubernatorial appointment. The elderly representative shall not be actively engaged
17 in or retired from the occupation, profession, or industry of hearing aids. The elderly
18 member shall be a full voting member of the board, except that the elderly
19 representative shall not participate in the grading of individual examinations. The
20 consumer member shall be selected from the state at-large and shall possess all
21 of the following qualifications:
22 (i) Is a citizen of the United States and has been a resident of Louisiana
23 for at least one year immediately prior to appointment.
24 (ii) Has attained the age of majority.
25 (iii) Shall not have ever been licensed by any of the licensing boards
26 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
27 licensed by a board identified in R.S. 36:259(A).
28 (iv) Has never been convicted of a felony.
29 (v) Shall not have nor shall ever have had a material financial interest
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1 in the healthcare profession.
2 (b) The consumer member shall be a full voting member of the board,
3 except that the consumer member shall not participate in the grading of
4 individual examinations.
5 * * *
6 §2503. Board of Examiners for Nursing Facility Administrators
7 A.(1) There is hereby created within the Louisiana Department of Health the
8 Board of Examiners of Nursing Facility Administrators. The board shall be subject
9 to the provisions of R.S. 36:803. The board shall be composed of thirteen nine
10 members, ten of whom shall be ex officio members and three of whom who shall be
11 appointed by the governor and confirmed by the Senate as hereinafter provided.
12 (2) The ex officio members of the board shall be:
13 (a) The president of the Louisiana Nursing Home Association, Inc. or his
14 designee.
15 (b) The president of the Louisiana Medical Society or his designee.
16 (c) The secretary of the Louisiana Department of Health or his designee.
17 (d)(b) The director of the Bureau of Health Services Financing of the
18 Louisiana Department of Health or his designee.
19 (e)(c) The president of Louisiana State University or his designee.
20 (f)(d) The president of Tulane University or his designee.
21 (g)(e) The president of Dillard University or his designee.
22 (h) The president of the Louisiana Hospital Association or his designee.
23 (i) The president of the Louisiana Association of Homes for the Aging or his
24 designee.
25 (j) The president of the Louisiana State Nurses Association or his designee.
26 (3)(a)(f) Three additional members Three licensed facility administrators
27 shall be appointed by the governor from a list of names submitted to him by the
28 board of directors of the Louisiana Nursing Home Association, Inc. or its successor.
29 The association shall submit three names for each vacant position. Each appointment
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1 by the governor shall be submitted to the Senate for confirmation. The three
2 members appointed by the governor shall serve three-year terms each.
3 (b) Two members shall be licensed nursing facility administrators.
4 (c)(g) One consumer member shall be sixty years of age or older and shall
5 serve as a representative of the elderly consumers of Louisiana. The elderly member
6 shall not be actively engaged in nursing facility administration who shall be selected
7 from the state at-large and shall possess all of the following qualifications:
8 (i)(aa) Is a citizen of the United States and has been a resident of
9 Louisiana for at least one year immediately prior to appointment.
10 (bb) Has attained the age of majority.
11 (cc) Shall not have ever been licensed by any of the licensing boards
12 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
13 licensed by a board identified in R.S. 36:259(A).
14 (dd) Has never been convicted of a felony.
15 (ee) Shall not have nor shall ever have had a material financial interest
16 in the healthcare profession.
17 (ii) The consumer member shall be a full voting member of the board
18 with all rights and privileges conferred on board members, except that the
19 consumer member shall not participate in the grading of individual
20 examinations.
21 (3) The nursing facility administrator and consumer members of the
22 board shall serve three-year terms each.
23 * * *
24 §2654. Board of examiners; creation; membership; appointment; terms; chair;
25 quorum
26 A. The Louisiana Board of Examiners for Speech-Language Pathology and
27 Audiology is hereby created within the Louisiana Department of Health and is
28 subject to the provisions of R.S. 36:803. The board shall consist of seven persons
29 who are residents of this state, and who, except for the public consumer member,
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1 have been engaged in providing service, or in teaching, or research in speech-
2 language pathology or audiology for at least five years prior to appointment and who
3 are licensed speech-language pathologists or audiologists under this Chapter. At least
4 three of the members shall be practicing audiologists, one of whom shall be a
5 dispensing audiologist, at least three shall be practicing speech-language
6 pathologists, one of whom shall be currently employed in a public school setting, and
7 one shall be a public consumer member.
8 (1) No public member shall:
9 (a) Have ever actively engaged in the practice of speech-language pathology
10 or audiology.
11 (b) Be employed by, own, or participate in the management of an agency or
12 business entity that sells, manufactures, or distributes health care supplies or
13 equipment or provides health care services.
14 (c) Have a financial interest in the practice or business of speech-language
15 pathology or audiology.
16 (d) Be an elected official.
17 (e) Be a family member or spouse of a licensed speech-language pathologist
18 or audiologist.
19 (2) The public member shall be an individual or a family member or spouse
20 of an individual with a communication disorder.
21 (1)(a) The consumer member of the board shall possess all of the
22 following qualifications:
23 (i) Is a citizen of the United States and has been a resident of Louisiana
24 for at least one year immediately prior to appointment.
25 (ii) Has attained the age of majority.
26 (iii) Shall not have ever been licensed by any of the licensing boards
27 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
28 licensed by a board identified in R.S. 36:259(A).
29 (iv) Has never been convicted of a felony.
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1 (v) Shall not have nor shall ever have had a material financial interest
2 in the healthcare profession.
3 (vi) Be an individual or a family member or spouse of an individual with
4 a communication disorder.
5 (b) The consumer member shall be a full voting member of the board
6 with all rights and privileges conferred on board members, except that the
7 consumer member shall not participate in the grading of individual
8 examinations.
9 * * *
10 §2704. Board of Social Work Examiners
11 A. There is hereby created a Louisiana State Board of Social Work
12 Examiners within the Louisiana Department of Health. The board shall be subject
13 to the provisions of R.S. 36:803. It shall consist of seven members to include six
14 social workers and one consumer member who are citizens of the United States
15 and residents of the state of Louisiana. The members shall be appointed by the
16 governor, subject to Senate confirmation. All appointees shall be selected from one
17 list compiled by all statewide social work membership organizations that have
18 written bylaws and meet all state and federal laws, and the Louisiana Chapter of the
19 National Association of Social Workers shall be responsible for the coordination of
20 this process. Within not less than thirty days prior to the expiration of each
21 member's term, the board shall submit to the governor a list of the names of
22 interested and qualified individuals for each respective category of board
23 member identified through notice to all individuals licensed by the board, from
24 which the governor shall make his appointment. The consumer member may
25 also apply directly to the office of the governor. All appointees shall serve no
26 more than two consecutive full terms. The completion of an unexpired portion of a
27 full term shall not constitute a full term for purposes of this Section. The board shall
28 consist of the following members:
29 * * *
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1 (5) One public consumer member.
2 B. Each board member, with the exception of the public consumer member,
3 shall be a person who holds a current, valid license or registration issued pursuant
4 to this Chapter and shall be a citizen of the United States and resident of the state
5 of Louisiana. At all times the board shall consist of at least three members who are
6 engaged primarily in rendering direct services in social work and at least one
7 member who is engaged primarily in social work education or a practice specialty
8 other than clinical.
9 C. No public member shall be currently an elected official, and no member
10 shall be or have been any of the following:
11 (1) Actively engaged in the practice of social work or be the spouse of a
12 social worker.
13 (2) Engaged in the practice of psychology, psychiatry, or a member of a
14 mental health profession, or the spouse of a member of a mental health profession.
15 (3) Employed or own an agency or business entity that provides social,
16 health, or mental health care or substance abuse services.
17 (1) The consumer member of the board shall be selected from the state
18 at-large and shall possess all of the following qualifications:
19 (a) Is a citizen of the United States and has been a resident of Louisiana
20 for at least one year immediately prior to appointment.
21 (b) Has attained the age of majority.
22 (c) Shall not have ever been licensed by any of the licensing boards
23 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
24 licensed by a board identified in R.S. 36:259(A).
25 (d) Has never been convicted of a felony.
26 (e) Shall not have nor shall ever have had a material financial interest in
27 the healthcare profession.
28 (f) Shall not be an elected official.
29 (2) The consumer member shall be a full voting member of the board
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1 with all rights and privileges conferred on board members, except that the
2 consumer member shall not participate in the grading of individual
3 examinations.
4 * * *
5 G. The board shall notify all social workers of vacancies on the board, the
6 qualifications for service, and that interested social workers may submit a letter of
7 interest and resume' to qualified social work membership organizations the board.
8 * * *
9 §2802. Board of chiropractic examiners
10 A.(1) The Louisiana Board of Chiropractic Examiners is hereby created
11 within the Louisiana Department of Health and is subject to the provisions of R.S.
12 36:803. The board shall be composed of seven members who shall be appointed by
13 the governor to include six licensed chiropractors and one consumer member
14 and confirmed by the Senate. Each member shall be appointed by the governor
15 subject to Senate confirmation. Within not less than thirty days prior to the
16 expiration of each member's term, the board shall submit to the governor a list
17 of the names of interested and qualified individuals for each respective category
18 of board member identified through notice to all individuals licensed by the
19 board, from which the governor shall make his appointment. The consumer
20 member may also apply directly to the office of the governor. Terms of
21 members shall be four years each or until the successor of each member takes
22 office. All seven members shall be chiropractors licensed under the provisions of this
23 Chapter, who have been continuously engaged in the practice of chiropractic in this
24 state for at least five years; however, the initial members required to be chiropractors
25 shall be persons who are eligible to be licensed under the provisions of this Chapter.
26 (2) The initial members shall be appointed within thirty days after July 31,
27 1974, to serve for terms of one, two, three, and four years, as designated by the
28 governor at the time of appointment. Thereafter, the terms of members shall be four
29 years each or until the successor of each member takes office. Chiropractor
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1 members of the board shall be licensed under the provisions of this Chapter and
2 shall have been continuously engaged in the practice of chiropractic in this state
3 for at least five years.
4 (3)(a) The consumer member of the board shall be selected from the state
5 at-large and shall possess all of the following qualifications:
6 (i) Is a citizen of the United States and has been a resident of Louisiana
7 for at least one year immediately prior to appointment.
8 (ii) Has attained the age of majority.
9 (iii) Shall not have ever been licensed by any of the licensing boards
10 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
11 licensed by a board identified in R.S. 36:259(A).
12 (iv) Has never been convicted of a felony.
13 (v) Shall not have nor shall ever have had a material financial interest
14 in the healthcare profession.
15 (b) The consumer member shall be a full voting member of the board
16 with all rights and privileges conferred on board members, except that the
17 consumer member shall not participate in the grading of individual
18 examinations.
19 B. Every chiropractor appointed to the board after the initial appointments
20 shall be a licensed chiropractor under the provisions of this Chapter.
21 C. Any vacancy occurring in the membership of the board, except by
22 expiration of the term, shall be filled for the unexpired term in the manner provided
23 in Subsection A of this section.
24 D.C. The governor may remove any member for misconduct, incompetence
25 or neglect of duty, after he has given the member a written statement of the charges
26 against him and has afforded him an opportunity to be heard.
27 E.D. The governor shall issue each member a certificate of appointment.
28 Within thirty days after the date of his appointment and before commencing the
29 discharge of his duties, each member shall subscribe to the oath for public officials,
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1 which shall be deposited with the secretary of state as provided by law.
2 F.E. Each member of the board shall receive compensation fixed by the board
3 at not more than fifty dollars per day for each day in attendance upon its sessions.
4 Each member of the board shall be reimbursed for his actual travel, clerical and
5 incidental expenses necessarily incurred while engaged in the discharge of his
6 official duties. Such compensation and expenses shall be paid out of the moneys
7 monies credited to the board as provided by R.S. 37:2809(B).
8 G.F. A board member's seat shall be recognized as vacant after the member
9 is absent from three consecutive official board meetings without reason if
10 recommended to the governor by a vote of two-thirds of the members of the board
11 to consider the removal of such absent board member from the board.
12 * * *
13 §3061. Board of Electrolysis Examiners
14 A.(1)(a) The State Board of Electrolysis Examiners shall be composed of five
15 members to include three licensed electrologists, one licensed physician, and one
16 consumer member, all to be appointed by the governor to serve at his pleasure.
17 (b) Four members shall be licensed electrologists who have been engaged in
18 the practice of electrology for at least five years prior to their appointment and shall
19 be appointed from a list of names as follows:
20 (i) Two shall be appointed from a list of four names submitted by the
21 Louisiana Electrologist Association.
22 (ii) Two shall be appointed from a list of four names submitted by the
23 Regional Electrologists Association of Louisiana.
24 (c) One member shall be appointed from a list of three physicians licensed
25 to practice medicine in this state recommended by the Louisiana State Medical
26 Society, subject to the provisions of Subparagraph (2)(b) of this Subsection.
27 (b) The electrologist members shall be licensed under the provisions of
28 this Chapter and shall have been engaged in the practice of electrology for at
29 least five years prior to appointment and shall be a resident of this state.
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1 (c)(i) The consumer member shall be selected from the state at-large. The
2 consumer member of the board shall possess all of the following qualifications:
3 (aa) Is a citizen of the United States and has been a resident of Louisiana
4 for at least one year immediately prior to appointment.
5 (bb) Has attained the age of majority.
6 (cc) Shall not have ever been licensed by any of the licensing boards
7 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
8 licensed by a board identified in R.S. 36:259(A).
9 (dd) Has never been convicted of a felony.
10 (ee) Shall not have nor shall ever have had a material financial interest
11 in the healthcare profession.
12 (ii) The consumer member shall be a full voting member of the board
13 with all rights and privileges conferred on board members, except that the
14 consumer member shall not participate in the grading of individual
15 examinations.
16 (2)(a) Within not less than thirty days prior to the expiration of each
17 member's term, the board shall submit to the governor a list of the names of
18 interested and qualified individuals for each respective category of board
19 member identified through notice to all individuals licensed by the board, from
20 which the governor shall make his appointment. The consumer member may
21 also apply directly to the office of the governor. If the governor determines that
22 the nominees of the Louisiana Electrologist Association, the Regional Electrologists
23 Association of Louisiana, or of the Louisiana State Medical Society are not suitable,
24 he may decline to appoint from the list submitted and shall call upon the association
25 or the society to nominate an additional list of persons.
26 (b) He may repeat such call until a list containing a qualified person or
27 persons meeting his approval is submitted. If the Louisiana State Medical Society
28 does not submit a list of physicians to the governor within thirty days of any such
29 request, the governor may appoint an additional nominee of either the Louisiana
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1 Electrologist Association or the Regional Electrologists Association of Louisiana in
2 lieu of the licensed physician.
3 (c) Each appointment by the governor shall be submitted to the Senate for
4 confirmation.
5 (3) Members serving on the board shall remain in office until their successors
6 are appointed and take office.
7 (4) Members of the board shall be residents of this state.
8 * * *
9 §3084. Louisiana State Board of Examiners in Dietetics and Nutrition; membership,
10 terms, and vacancies; officers; meetings; quorum; compensation
11 A. The Louisiana State Board of Examiners in Dietetics and Nutrition,
12 hereinafter referred to as the "board", is hereby created within the Louisiana
13 Department of Health, subject to the provisions of R.S. 36:803.
14 B.(1) The board shall be composed of the following seven members to
15 include four licensed dietitians or nutritionists, one licensed registered nurse,
16 one licensed physician, and one consumer member, all appointed by the governor
17 and subject to Senate confirmation:.
18 (a) Four shall be licensed dietitians/nutritionists selected from a list submitted
19 by the Louisiana Dietetic Association.
20 (b) One shall be a licensed registered nurse selected from a list of names
21 submitted by the Louisiana State Nurses Association.
22 (c) One shall be a person with a baccalaureate or higher degree from a
23 regionally accredited college or university with a major course of study in human
24 nutrition, food and nutrition, dietetics, or food systems management selected from
25 a list of names submitted by the Louisiana Commissioner of Agriculture and
26 Forestry.
27 (d) One shall be a licensed physician selected from a list of names submitted
28 by the Louisiana State Medical Society.
29 (2) The initial members of the board shall be appointed by the governor not
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1 later than sixty days after the effective date of this Chapter from lists of names
2 submitted by the designated associations not later than thirty days after the effective
3 date of this Chapter. Within not less than thirty days prior to the expiration of
4 each member's term, the board shall submit to the governor a list of the names
5 of interested and qualified individuals for each respective category of board
6 member identified through notice to all individuals licensed by the board, from
7 which the governor shall make his appointment. The consumer member may
8 also apply directly to the office of the governor.
9 C.(1) Board members who are dietitians or nutritionists shall be residents
10 of the state who have been actively practicing an unrestricted license to practice
11 in the field of dietetics/nutrition dietetics or nutrition or a related field for not less
12 than five years. Board The registered nurse and physician board members shall
13 have an unrestricted license to practice their respective professions, where
14 applicable. The registered dietitians/nutritionists initially appointed to the board must
15 be eligible for licensure pursuant to the provisions of this Chapter; thereafter,
16 dietitians/nutritionists appointed to the board must be licensed pursuant to the
17 provisions of this Chapter.
18 (2)(a) The consumer member of the board shall possess all of the
19 following qualifications:
20 (i) Is a citizen of the United States and has been a resident of Louisiana
21 for at least one year immediately prior to appointment.
22 (ii) Has attained the age of majority.
23 (iii) Shall not have ever been licensed by any of the licensing boards
24 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
25 licensed by a board identified in R.S. 36:259(A).
26 (iv) Has never been convicted of a felony.
27 (v) Shall not have nor shall ever have had a material financial interest
28 in the healthcare profession.
29 (b) The consumer member shall be a full voting member of the board
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1 with all rights and privileges conferred on board members, except that the
2 consumer member shall not participate in the grading of individual
3 examinations.
4 D. Two of the dietitian/nutritionist members of the board shall be appointed
5 for initial terms of two years and two of the dietitian/nutritionist members for three
6 years, as designated by the governor at the time of the appointment. The nursing
7 member, the member appointed from names submitted by the commissioner of
8 Agriculture and Forestry, and the physician each shall be appointed for an initial
9 term of one year. Thereafter, each Each member shall be appointed for a term of
10 three years.
11 E. A vacancy in the membership of the board shall be filled for the unexpired
12 term in the same manner as the original appointment.
13 F. Repealed by Acts 2016, No. 636, §2, eff. August 1, 2016.
14 G. Within thirty days after the appointment of its initial members, the board
15 shall hold a meeting for the purpose of organization and shall elect from its
16 membership a chairman, a vice chairman, and a secretary-treasurer. Officers A
17 chairman, vice chairman, and secretary-treasurer shall be elected annually for
18 terms of one year, or until the successor of each is elected. Thereafter, the board shall
19 annually and in like manner elect its officers.
20 H.G. The board shall hold regular meetings at least twice in each year for the
21 purpose of considering applicants and at any other time the board or its chairman
22 deems necessary, at a time and place designated by the chairman. Special meetings
23 may be called by the chairman upon giving at least seventy-two hours' notice thereof
24 by registered or certified mail to the post office address of each member of the board
25 and of persons who previously have indicated that they have business before the
26 board.
27 I.H. Four members of the board shall constitute a quorum for the transaction
28 of any and all business at any regular or special meeting.
29 J.I. Members of the board shall serve in their capacity as board members
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1 without compensation but shall be reimbursed for necessary expenses incurred while
2 engaged on board business. Reimbursement for expenses shall be paid out of the
3 monies credited the board as provided by R.S. 37:3089.
4 K.J. This board shall be financially self-sufficient. It shall receive no state
5 funds through appropriation or otherwise and shall not expend any such state funds.
6 No state funds shall be expended or committed to expenditure for the group benefits
7 program or any other health insurance or employee benefit program, for any
8 retirement system, for any salary, per diem payment, travel or expenses, office
9 supplies and materials, rent, purchase of any product or service, or for any other
10 purpose.
11 * * *
12 §3201. Radiologic Technology Board of Examiners; method of appointment;
13 qualifications of members
14 A. There is hereby created within the Louisiana Department of Health the
15 Radiologic Technology Board of Examiners which shall carry out the purposes and
16 enforce the provisions of this Chapter, subject to the provisions of R.S. 36:803.
17 B.(1) The board shall consist of eleven members to include four radiologic
18 technologists, three radiologists, one radiological physicist, two hospital
19 administrators, and one consumer member, to be appointed by the governor of
20 whom: and confirmed by the Senate. Within not less than thirty days prior to
21 the expiration of each member's term, the board shall submit to the governor
22 a list of the names of interested and qualified individuals for each respective
23 category of board member identified through notice to all individuals licensed
24 by the board, from which the governor shall make his appointment. The
25 consumer member may also apply directly to the office of the governor.
26 (a) Four shall be radiologic technologists selected from a list submitted by
27 the Louisiana Society of Radiologic Technologists.
28 (b) Three shall be hospital administrators, each of whom shall be currently
29 employed by a hospital, selected from a list of nine names submitted by the
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1 Louisiana Hospital Association.
2 (c) Three shall be radiologists selected from a list of nine names submitted
3 by the Louisiana State Medical Society; and
4 (d) One shall be a radiological physicist.
5 (2) Each appointment by the governor shall be submitted to the Senate for
6 confirmation.
7 C. Board Radiological members of the board shall be licensed pursuant
8 to the provisions of this Chapter and shall be residents of the state who have been
9 actively practicing in their fields for not less than five years.
10 (3)(a) The consumer member of the board shall possess all of the
11 following qualifications:
12 (i) Is a citizen of the United States and has been a resident of Louisiana
13 for at least one year immediately prior to appointment.
14 (ii) Has attained the age of majority.
15 (iii) Shall not have ever been licensed by any of the licensing boards
16 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
17 licensed by a board identified in R.S. 36:259(A).
18 (iv) Has never been convicted of a felony.
19 (v) Shall not have nor shall ever have had a material financial interest
20 in the healthcare profession.
21 (b) The consumer member shall be a full voting member of the board
22 with all rights and privileges conferred on board members, except that the
23 consumer member shall not participate in the grading of individual
24 examinations.
25 D. The radiologic technologists initially appointed to the board must be
26 eligible for licensure pursuant to the provisions of this Chapter; thereafter, radiologic
27 technologists appointed to the board must be licensed pursuant to the provisions of
28 this Chapter.
29 E.C. Each hospital administrator appointed to the board pursuant to
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1 Subsection B of this Section shall remain employed by a hospital for the duration of
2 his membership on the board. Any hospital administrator who ceases to be employed
3 by a hospital shall be ineligible to serve on the board and shall immediately resign
4 therefrom. If such member fails to resign, the board shall, at its next meeting, remove
5 such member by a vote of a majority of its members.
6 * * *
7 §3389. Transition; Addictive Disorder Regulatory Authority
8 A.(1) The regulation of addictive disorder treatment and prevention
9 professionals has been undertaken both through a board appointed by the governor
10 and through an office within the Louisiana Department of Health. In Louisiana, the
11 practice of most health care professions is licensed and regulated by appointed
12 boards placed within the Louisiana Department of Health. Therefore, the legislature
13 hereby finds it appropriate that the responsibility and authority to regulate the
14 practice of addictive disorder treatment and prevention be exercised by a licensing
15 board created for that purpose.
16 B. The Addictive Disorder Regulatory Authority (ADRA) is hereby created
17 within the Louisiana Department of Health to exercise all regulatory jurisdiction
18 over the credentialing and practice of addiction counselors and prevention
19 professionals, persons holding specialty certifications issued by the board,
20 paraprofessionals authorized by this Chapter, and those in training to become
21 addiction counselors and prevention professionals. The ADRA shall be governed
22 by a board of directors, hereinafter referred to as the "board", consisting of seven
23 voting members and one nonvoting member, all of whom shall be appointed by the
24 governor, subject to Senate confirmation, as follows:. Board members shall include
25 three addiction counselors, two prevention professionals, one compulsive
26 gambling counselor, and one consumer member.
27 (2) Within not less than thirty days prior to the expiration of each
28 member's term, the board shall submit to the governor a list of the names of
29 interested and qualified individuals for each respective category of board
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1 member identified through notice to all individuals licensed by the board, from
2 which the governor shall make his appointment. The consumer member may
3 also apply directly to the office of the governor.
4 (3)(a) The consumer member shall be selected from the state at-large.
5 The consumer member of the board shall possess all of the following
6 qualifications:
7 (i) Is a citizen of the United States and has been a resident of Louisiana
8 for at least one year immediately prior to appointment.
9 (ii) Has attained the age of majority.
10 (iii) Shall not have ever been licensed by any of the licensing boards
11 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
12 licensed by a board identified in R.S. 36:259(A).
13 (iv) Has never been convicted of a felony.
14 (v) Shall not have nor shall ever have had a material financial interest
15 in the healthcare profession.
16 (b) The consumer member shall be a full voting member of the board
17 with all rights and privileges conferred on board members, except that the
18 consumer member shall not participate in the grading of individual
19 examinations.
20 (1) One nonvoting member who possesses significant knowledge in the area
21 of addiction from a list of three names submitted by the Louisiana State Medical
22 Society.
23 (2) One voting member who possesses significant experience and knowledge
24 in the area of compulsive gambling from a list of three names submitted by the
25 Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
26 (3) One voting member who possesses significant experience and knowledge
27 in the area of prevention from a list of three names submitted by the Louisiana
28 Association of Substance Abuse Counselors and Trainers, Inc.
29 (4) One voting member who possesses significant experience and knowledge
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1 in the area of opiate replacement therapy from a list of three names submitted by the
2 Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
3 (5) Four voting members from a list of twelve names divided into four groups
4 of three names each submitted by the Louisiana Association of Substance Abuse
5 Counselors and Trainers, Inc.
6 C.B. Members of the board shall serve three-year terms except that in making
7 the initial appointments, the governor shall appoint two voting members for a one-
8 year term, three voting members for a two-year term, and two voting members for
9 a three-year term. The nonvoting member shall serve an initial term of three years.
10 Members appointed to fill vacancies caused by death, resignation, or removal shall
11 serve the unexpired terms of their predecessors.
12 D. The nominees shall be submitted to the governor on or before September
13 1, 2006. The governor shall select the individuals to serve on the board on or before
14 October 15, 2006. The individuals so selected shall serve as the advisory committee
15 for the ADRA until July 1, 2007, at which time they shall begin to serve and function
16 as the board of directors for the ADRA. The terms of office described in this
17 Subsection shall commence on July 1, 2007.
18 E.C. Members of the board shall elect a chairman and such other officers as
19 it deems necessary to carry out the duties and functions of the board. The ADRA
20 may employ persons necessary to carry out the provisions of this Chapter and may
21 fix their compensation. The ADRA shall employ at least three persons: an executive
22 director, an assistant director, and an administrative assistant. The Louisiana
23 Department of Health, office of behavioral health, shall be responsible for providing
24 staff for the ADRA until June 30, 2009. From July 1, 2009, and thereafter the board
25 of the ADRA shall resume full responsibility for providing staff for the ADRA.
26 Employees of the board shall be eligible to participate in the state group benefits plan
27 and in the state retirement system.
28 F.D. A majority of the voting members of the board shall constitute a quorum
29 for the transaction of all business.
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1 G. It is the intent of the legislature that the board exercise all regulatory
2 jurisdiction over the credentialing and practice of addiction counselors and
3 prevention professionals, persons holding specialty certifications issued by the board,
4 paraprofessionals authorized by this Chapter, and those in training to become
5 addiction counselors and prevention professionals.
6 * * *
7 §3444. Louisiana Licensed Professional Vocational Rehabilitation Counselors Board
8 of Examiners
9 A.(1) There is hereby created in the Louisiana Department of Health the
10 Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of
11 Examiners, hereafter referred to as the "board", consisting of five members, who
12 shall be residents of the state of Louisiana. The members shall be appointed by the
13 governor from a list of qualified candidates supplied by the Louisiana Association
14 of Rehabilitation Professionals, as specified in this Section within sixty days after
15 July 14, 1988 to serve the following terms: one member for a term of two years, two
16 members for terms of three years, and two members for terms of four years board.
17 Thereafter, each Each term shall be for four years. Each appointment by the
18 governor shall be submitted to the Senate for confirmation.
19 (2) Within not less than thirty days prior to the expiration of each
20 member's term, the board shall submit to the governor a list of the names of
21 interested and qualified individuals for each respective category of board
22 member identified through notice to all individuals licensed by the board, from
23 which the governor shall make his appointment. The consumer member may
24 also apply directly to the office of the governor.
25 B.(1) The membership of the board shall consist of three licensed
26 professional vocational rehabilitation counselors and two individuals consumers
27 from the public at large at-large. The original professional membership of the board
28 shall be qualified to be licensed under this Chapter, except that the initial
29 professional members shall be persons who have rendered rehabilitation counseling
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1 for at least three years. Within thirty days after July 14, 1988, the executive
2 committee of the Louisiana Association for Rehabilitation Professionals shall submit
3 to the governor a list of qualified candidates for the board. The board shall perform
4 such duties and exercise such powers as this Chapter prescribes and confers upon it.
5 No member of the board shall be individually liable for any act or omission resulting
6 in damage or injury arising out of the exercise of his judgment in the formation and
7 implementation of policy while acting as a member of the board, provided he was
8 acting in good faith and within the scope of his official functions and duties, unless
9 the damage or injury was caused by his willful or wanton misconduct.
10 (2)(a)The consumer members shall be selected from the state at-large
11 and shall possess all of the following qualifications:
12 (i) Is a citizen of the United States and has been a resident of Louisiana
13 for at least one year immediately prior to appointment.
14 (ii) Has attained the age of majority.
15 (iii) Shall not have ever been licensed by any of the licensing boards
16 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
17 licensed by a board identified in R.S. 36:259(A).
18 (iv) Has never been convicted of a felony.
19 (v) Shall not have nor shall ever have had a material financial interest
20 in the healthcare profession.
21 (b) The consumer member shall be a full voting member of the board
22 with all rights and privileges conferred on board members, except that the
23 consumer member shall not participate in the grading of individual
24 examinations.
25 C. No board member shall serve more than two full consecutive terms.
26 Subsequent appointments to the board shall be made in the manner of the original
27 appointments, including the submission of a list of qualified candidates by the
28 executive committee of the Louisiana Association for Rehabilitation Professionals
29 board. Any board member may be removed by the governor or majority vote of the
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1 board, after notice and hearing, for incompetence, neglect of duty, malfeasance in
2 office, or moral turpitude. Any vacancy occurring in board membership, other than
3 by expiration of term, shall be filled for the remainder of the unexpired term by the
4 governor within thirty days from a list of qualified candidates supplied by the
5 Louisiana Association for Rehabilitation Professionals board.
6 * * *
7 §3463. Board; appointments; terms; removal; compensation; officers
8 A. The Louisiana Board of Drug and Device Distributors is hereby created
9 within the Louisiana Department of Health and is subject to the provisions of R.S.
10 36:803. The board shall administer the provisions of this Chapter. It shall be
11 composed of eight members, five four of whom shall be licensed distributors, two
12 of whom shall be actively engaged in the pharmaceutical manufacturing industry,
13 and one of whom shall be actively engaged in the medical device industry, and one
14 consumer. Each member shall be appointed by the governor, subject to Senate
15 confirmation.
16 B.(1) Within not less than thirty days prior to the expiration of each
17 member's term, the board shall submit to the governor a list of the names of
18 interested and qualified individuals for each respective category of board
19 member identified through notice to all individuals licensed by the board, from
20 which the governor shall make his appointment. The consumer member may
21 also apply directly to the office of the governor. The governor shall appoint,
22 subject to Senate confirmation, members to the board from a list containing the
23 names of five persons, submitted by the Louisiana Association of Wholesale Drug
24 Distributors and from a list containing the names of two persons, submitted by the
25 Pharmaceutical Research and Manufacturers of America. In the event of the death
26 or resignation of any member of the board, the governor shall appoint his successor
27 in the manner of the original appointment for the remainder of the unexpired term.
28 (2)(a) The consumer member shall be selected from the state at-large and
29 appointed by the governor, subject to confirmation by the Senate. The
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1 consumer member of the board shall possess all of the following qualifications:
2 (i) Is a citizen of the United States and has been a resident of Louisiana
3 for at least one year immediately prior to appointment.
4 (ii) Has attained the age of majority.
5 (iii) Shall not have ever been licensed by any of the licensing boards
6 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
7 licensed by a board identified in R.S. 36:259(A).
8 (iv) Has never been convicted of a felony.
9 (v) Shall not have nor shall ever have had a material financial interest
10 in the healthcare profession.
11 (b) The consumer member shall be a full voting member of the board
12 with all rights and privileges conferred on board members, except that the
13 consumer member shall not participate in the grading of individual
14 examinations.
15 * * *
16 E. The presidents of the Pharmaceutical Research and Manufacturers of
17 America and the Louisiana Association of Wholesale Drug Distributors board shall
18 submit the nominations within sixty days after receipt of notice of death, resignation,
19 or removal of a member of the board and at least thirty days prior to the expiration
20 of the term of a member of the board.
21 * * *
22 §3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,
23 terms, vacancies, officers, meetings, reimbursement, liability
24 A.(1) The Louisiana Board of Massage Therapy is hereby created within the
25 Louisiana Department of Health subject to the provisions of R.S. 36:803. It shall
26 be composed of seven members appointed by the governor. Five of the members
27 shall be appointed from a list of nominees submitted to the governor by professional
28 massage therapy and bodywork associations. From the list of association nominees,
29 three of the persons appointed shall be licensed massage therapists. Two lay
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1 members shall be appointed from the list of nominees, both of whom shall be
2 consumers who have never been nor are currently a licensed massage therapist in the
3 state.) Two additional licensed massage therapists shall be appointed to the board
4 from a general list of names which are submitted for consideration by other
5 interested sources or individuals. to include five licensed massage therapists and
6 two consumers. Appointments shall be made by the governor, subject to Senate
7 confirmation.
8 (2) Within not less than thirty days prior to the expiration of each
9 member's term, the board shall submit to the governor a list of the names of
10 interested and qualified individuals for each respective category of board
11 member identified through notice to all individuals licensed by the board, from
12 which the governor shall make his appointment. The consumer member may
13 also apply directly to the office of the governor.
14 (2) (3)(a) All massage therapists appointed to the board by the governor shall
15 be licensed and in good standing under this Chapter. The appointees shall have
16 practiced massage therapy for at least three years.
17 (b)(i) The consumer members shall be selected from the state at-large.
18 The consumer members of the board shall possess all of the following
19 qualifications:
20 (aa) Is a citizen of the United States and has been a resident of Louisiana
21 for at least one year immediately prior to appointment.
22 (bb) Has attained the age of majority.
23 (cc) Shall not have ever been licensed by any of the licensing boards
24 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
25 licensed by a board identified in R.S. 36:259(A).
26 (dd) Has never been convicted of a felony.
27 (ee) Shall not have nor shall ever have had a material financial interest
28 in the healthcare profession.
29 (ii) The consumer member shall be a full voting member of the board
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1 with all rights and privileges conferred on board members, except that the
2 consumer member shall not participate in the grading of individual
3 examinations.
4 B. All members of the board shall serve two-year terms. No member shall
5 serve more than three consecutive terms. For the purposes of staggering the board
6 member terms, the governor shall appoint to the board three massage therapists and
7 one lay member in odd-numbered years and two massage therapists and one lay
8 member in even-numbered years.
9 * * *
10 §3703. Louisiana Behavior Analyst Board
11 * * *
12 B.(1) The board shall be comprised of five members to include consist of
13 five four behavior analysts and one consumer member who shall be appointed by
14 the governor from a list of nominees submitted by the Louisiana Behavior Analysis
15 Association board, and who shall be confirmed by the Senate.
16 (2) The five behavior analysts shall become licensed once this Chapter
17 becomes effective. (a) The consumer member of the board shall possess all of the
18 following qualifications:
19 (i) Is a citizen of the United States and has been a resident of Louisiana
20 for at least one year immediately prior to appointment.
21 (ii) Has attained the age of majority.
22 (iii) Shall not have ever been licensed by any of the licensing boards
23 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
24 licensed by a board identified in R.S. 36:259(A).
25 (iv) Has never been convicted of a felony.
26 (v) Shall not have nor shall ever have had a material financial interest
27 in the healthcare profession.
28 (b) The consumer member shall be a full voting member of the board
29 with all rights and privileges conferred on board members, except that the
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1 consumer member shall not participate in the grading of individual
2 examinations.
3 (3) Within not less than thirty days prior to the expiration of each
4 member's term, the board shall submit to the governor a list of the names of
5 interested and qualified individuals for each respective category of board
6 member identified through notice to all individuals licensed by the board, from
7 which the governor shall make his appointment. The consumer member may
8 also apply directly to the office of the governor. Members of the board shall serve
9 at the pleasure of the governor. A vacancy in an unexpired term shall be filled in the
10 manner of the original appointment.
11 (4)(a) The first two appointments to the initial board shall each serve a term
12 of four years, and such positions on the board shall be four-year terms.
13 (b)The third and fourth appointments to the initial board shall each serve a
14 term of three years, and such positions on the board shall be three-year terms.
15 (c) The fifth appointment to the initial board shall serve a term of five years,
16 and such position on the board shall be a five-year term.
17 (5) If there is a vacancy, the appointment to complete the term shall follow
18 the same process to appoint members to the board.
19 (6) No member of the board shall serve more than two consecutive complete
20 terms on the board.
21 (7) The State Board of Examiners of Psychologists shall appoint a member
22 to serve as an ex officio, nonvoting member of the board.
23 C. The board shall convene its first meeting no later than October 1, 2013.
24 At this meeting Annually, the board shall elect from among its membership a
25 chairman and vice chairman.
26 D. A majority of the members of the board shall constitute a quorum for the
27 transaction of all business. The ex officio member shall not be considered for the
28 purpose of establishing a quorum.
29 * * *
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1 Section 3. R.S. 37:3061(A)(3) and (4) and R.S. 40:5.11(C), (D), (E) and (F) are
2 hereby repealed.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 40 Original 2018 Regular Session Mills
Proposed law updates the transfer of agencies to the Louisiana Department of Health (LDH)
provisions to remove repealed and obsolete cites and references and categorizes those
entities statutorily created within the department.
Present law lists all board members and their qualifications to serve on the boards of
agencies within LDH. Proposed law adds at least one consumer member to any board that
did not previously have one and provides standardized eligibility criteria of consumers to
serve on any board.
Present law provides for professional trade associations and other entities to select and
submit nominees to the governor for board appointment. Proposed law opens board
nomination eligibility to any member licensed by the board who is interested and eligible.
Proposed law requires the board to send notice to its licensees to fill board positions and
submit the names of those interested and eligible to serve to the governor for board
appointment.
Effective August 1, 2018.
(Amends R.S. 36:259, 801.1(A), 802(intro para), and 803(A)(1), R.S. 37:753(B), (C)(4) and
(J), 832(B)(2), 914(B)(1) and (C)(6), 915, 916(B), 962(B) and (C), 1042, 1104(A), (B)(1)
and (2)(a), and (C), 1174(B), 1263(B) and (C), 1515(A)(2) and (3), and (B), 2102,
2353(A)(1), (2) and (3), 2403(B), 2455(B)(1), (3), (4) and (5), 2503(A)(1), (2) and (3),
2654(A), 2704(A)(intro para), (A)(5), (B), (C) and (G), 2802, 3061(A)(1) and (2), 3084,
3201, 3389, 3444(A), (B) and (C), 3463(A), (B) and (E), 3554(A) and (B) and 3703(B), (C)
and (D); adds R.S. 37:753(C)(5), 914(B)(3) and 962(D); repeals R.S. 37:3061(A)(3) and (4)
and R.S. 40:5.11(C), (D), (E) and (F))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.