SLS 18RS-190 REENGROSSED
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(A)(2) and (B)(2), 914(B)(1) and
4 (C)(6), 915, 916(B), 962(B) and (C), 1042, 1104(A), (B)(1) and (2)(a), and (C),
5 1172(A), 1174(B), 1263(C), 1515(A)(1), 2102, 2353(A)(1), (2) and (3), the
6 introductory paragraph of 2359(B), 2403(B), 2455(B)(1), (3), (4) and (5), 2654(A),
7 the introductory paragraph of 2704(A), (A)(5), (B), (C) and (G), 2802, 3061(A)(1)
8 and (2), 3084, 3201, 3389, 3444(A), (B) and (C), 3463(A), (B) and (E), 3554(A) and
9 (B), and 3703(B), (C) and (D), to enact R.S. 36:629(S) and R.S. 37:753(C)(5),
10 914(B)(3) and 962(D), and to repeal R.S. 37:3061(A)(3) and (4) and R.S. 40:5.11(C),
11 (D), (E) and (F), relative to the health profession licensing boards created within the
12 Louisiana Department of Health; to provide for consumer membership on each of the
13 boards; to provide for consumer member qualifications; to provide for the rights of
14 the consumer member; to provide for board member nominations; to provide for
15 notice by the boards to their licensees; to provide for the transfer of the Board of
16 Veterinary Medicine to the Louisiana Department of Agriculture and Forestry; to
17 provide for technical corrections; and to provide for related matters.
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1 Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 36:259, 801.1(A), the introductory paragraph of 802, and 803(A)(1)
3 are hereby amended and reenacted and R.S. 36:629(S) is hereby enacted to read as follows:
4 §259. Transfer of agencies and functions to Louisiana Department of Health
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 (9) Southeast Louisiana State Hospital (Mandeville)
10 (10) Eastern Louisiana Mental Health System (Jackson)
11 (11) Jonesboro Charity Hospital (Jonesboro)
12 (12) Central Louisiana State Hospital (Pineville)
13 (13) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(1); R.S.
14 28:451.4)
15 (14) North Lake Supports and Services Center (R.S. 28:22.8(A)(9))
16 (16) The behavioral health facilities located in New Orleans, Baton Rouge,
17 Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,
18 Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa, Pineville,
19 Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine, Raceland,
20 Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah, Columbia, Oakdale,
21 and any other state-owned or state-operated facilities as may be hereinafter
22 established ( R.S. 28:22.5)
23 (21) Northwest Supports and Services Center (R.S. 28:22.8(A)(6))
24 (23) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S.
25 40:2142).
26 D. The following agencies, as defined in R.S. 36:3, are placed within the
27 Louisiana Department of Health and shall perform and exercise their powers, duties,
28 functions, and responsibilities as otherwise provided by law:
29 (1) Louisiana state office of rural health (R.S. 40:2195.1)
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1 (3) Louisiana State Child Death Review Panel (R.S. 40:2019)
2 (4) Marriage and Family Therapy Advisory Committee (R.S. 37:1104)
3 (Established by the Louisiana Licensed Professional Counselors Board of
4 Examiners).
5 (5) Nursing Home Emergency Preparedness Review Committee (R.S.
6 40:2009.25)
7 (6) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.)
8 (7) Louisiana Birth Defects Surveillance System Advisory Board (R.S.
9 40:31.41 et seq.)
10 (8) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et seq.)
11 (9) Health Data Panel (R.S. 40:1173.1 et seq.)
12 (10) The Louisiana Standards for Water Works Construction, Operation, and
13 Maintenance Committee (R.S. 40:4.13).
14 E. The following agencies, as defined in R.S. 36:3, are transferred to and
15 hereafter shall be within the Louisiana Department of Health, as provided in R.S.
16 36:803:
17 (1) Louisiana State Board of Nursing (R.S. 37:911 et seq.)
18 (2) Louisiana State Board of Dentistry ( R.S. 37:751 et seq.)
19 (3) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et seq.)
20 (4) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et seq.)
21 (5) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101 et seq.)
22 (6) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et seq.)
23 (7) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.)
24 (8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S. 37:611
25 et seq.; R.S. 37:1261 et seq.)
26 (9) Louisiana State Board of Embalmers and Funeral Directors (R.S. 37:831
27 et seq.)
28 (10) State Board of Examiners of Psychologists (R.S. 37:2351 et seq.)
29 (11) Louisiana Board of Examiners for Speech-Language Pathology and
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1 Audiology (R.S. 37:2650 et seq.)
2 (12) Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.)
3 (13) Board of Examiners for Nursing Facility Administrators (R.S. 37:2501
4 et seq.)
5 (14) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et seq.)
6 (16) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.)
7 (17) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.)
8 (20) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.)
9 (21) The Louisiana Licensed Professional Vocational Rehabilitation
10 Counselors Board of Examiners (R.S. 37:3441 et seq.)
11 (23) The Addictive Disorder Regulatory Authority (R.S. 37:3389).
12 (25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.)
13 F. The following agencies, as defined in R.S. 36:3, previously abolished by
14 the Executive Reorganization Act, and their powers, duties, functions, and
15 responsibilities are transferred to the secretary of the Louisiana Department of Health
16 and shall be exercised and performed as provided in Part IV of Chapter 22 of this
17 Title:
18 (1) Louisiana Health and Human Resources Administration (R.S. 46:1751-
19 46:1767, and generally Chapters 1 and 11 of Title 40 and all of Title 46 of the
20 Louisiana Revised Statutes of 1950, except R.S. 46:1601-46:1608) to the extent that
21 the cited provisions provide with respect to agencies or functions placed in or
22 transferred to the Louisiana Department of Health.
23 (9) Louisiana State Board of Health and the Louisiana Department of Health
24 and all its subsidiary boards (Such provisions of Title 40 of the Louisiana Revised
25 Statutes of 1950 as are applicable to the abolished board and department)
26 (10) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et seq.)
27 (16) Anatomical Board (R.S. 17:2271 et seq.)
28 (18) Board of Commissioners of the South Louisiana Health Services District
29 (R.S. 28:241 et seq.)
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1 (20) Nursing Home Advisory Committee (R.S. 40:2009.1)
2 (21) Hospital Licensing Council (R.S. 40:2108)
3 G. The State Board of Electrolysis Examiners (R.S. 37:3051 et seq.) is placed
4 within the Louisiana Department of Health and shall exercise and perform its
5 powers, duties, functions, and responsibilities in the manner provided for agencies
6 transferred in accordance with the provisions of R.S. 36:803.
7 H. The Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et
8 seq.) is placed within the Louisiana Department of Health and shall exercise and
9 perform its powers, duties, functions, and responsibilities in the manner provided for
10 agencies transferred in accordance with the provisions of R.S. 36:802.
11 I. The following agencies, as defined in R.S. 36:3, are placed within the
12 Louisiana Department of Health and shall exercise and perform their powers, duties,
13 functions, and responsibilities in the manner provided for agencies transferred in
14 accordance with the provisions of R.S. 36:802:
15 (3) Commission on Perinatal Care and Prevention of Infant Mortality (R.S.
16 40:2018)
17 (5) Water Supply and Sewerage Systems Certification Committee (R.S.
18 40:1281.1 et seq.)
19 J.(1) The Louisiana Emergency Response Network Board (R.S. 40:2841 et
20 seq.) is placed within the Louisiana Department of Health and shall exercise and
21 perform its powers, duties, functions, and responsibilities in the manner provided for
22 agencies transferred in accordance with R.S. 36:801.1.
23 (2) The Louisiana Emergency Response Network Board shall be a separate
24 budget unit within the Louisiana Department of Health.
25 K. The Medicaid Pharmaceutical and Therapeutics Committee (R.S.
26 46:153.3) is placed within the Louisiana Department of Health and shall perform and
27 exercise its powers, duties, functions, and responsibilities as provided by law.
28 L.(1) The Louisiana Developmental Disabilities Council (R.S. 28:750 et seq.)
29 is placed within the Louisiana Department of Health and shall exercise and perform
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1 its powers, duties, functions, and responsibilities in the manner provided for agencies
2 transferred in accordance with the provisions of R.S. 36:801.1. The council shall
3 have full appointing authority for all personnel purposes.
4 (2) The regional and state advisory councils for the community and family
5 support system (R.S. 28:824(J)) are placed within the Louisiana Department of
6 Health and shall exercise and perform their powers, duties, functions, and
7 responsibilities as provided by or pursuant to law.
8 M. Repealed by Acts 2013, No. 184, §2(B), eff. August 1, 2013.
9 N. The advisory council for the program of early identification of deaf or
10 hard of hearing infants (R.S. 46:2261 et seq.) is placed within the Louisiana
11 Department of Health and shall exercise and perform its powers, duties, functions,
12 and responsibilities as provided by or pursuant to law.
13 O. The Louisiana Commission on Addictive Disorders (R.S. 46:2500 et seq.)
14 is placed within the Louisiana Department of Health and shall exercise and perform
15 its powers, duties, functions, and responsibilities in the manner provided for agencies
16 transferred in accordance with the provisions of R.S. 36:914.
17 P. The Physician Assistants Advisory Committee (R.S. 37:1270.1) is placed
18 within the Louisiana Department of Health and shall exercise and perform its
19 powers, duties, functions, and responsibilities in the manner provided for agencies
20 transferred in accordance with the provisions of R.S. 36:914.
21 Q. The Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.
22 37:3081 et seq.) is placed within the Louisiana Department of Health and shall
23 exercise and perform its powers, duties, functions, and responsibilities in the manner
24 provided for agencies transferred in accordance with R.S. 36:803.
25 S. The Louisiana Commission for the Deaf (R.S. 46:2351 et seq.) is hereby
26 placed within the Louisiana Department of Health and shall perform and exercise its
27 powers, duties, functions, and responsibilities as provided for agencies transferred
28 as provided in R.S. 36:802.
29 T. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board
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1 (R.S. 46:2631 et seq.) is hereby placed within the Louisiana Department of Health
2 and shall exercise and perform its powers, duties, functions, and responsibilities in
3 the manner provided for agencies transferred in accordance with the provisions of
4 R.S. 36:901 et seq.
5 U. The Louisiana Access to Better Care Medicaid Insurance Demonstration
6 Project Oversight Board ( R.S. 46:160.1 et seq.) is placed within the Louisiana
7 Department of Health and shall exercise and perform its powers, duties, functions,
8 and responsibilities in the manner provided for agencies transferred in accordance
9 with the provisions of Part III of Chapter 22 of this Title.
10 W. The Louisiana Board of Drug and Device Distributors (R.S. 37:3461 et
11 seq. shall be placed within the Louisiana Department of Health and shall exercise
12 and perform its powers, duties, functions, and responsibilities in the manner provided
13 for agencies transferred in accordance with the provisions of R.S. 36:803.
14 BB. The following agencies, as defined in R.S. 36:3, are placed within the
15 Louisiana Department of Health and shall perform and exercise their powers, duties,
16 functions, and responsibilities in the manner provided for agencies transferred in
17 accordance with the provisions of R.S. 36:914:
18 (1) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.)
19 (2) The Louisiana Advisory Committee on Populations and Geographic
20 Regions With Excessive Cancer Rates (R.S. 40:1105.12).
21 (3) The Fluoridation Advisory Board (R.S. 40:5.11(C)-(F)).
22 CC. The Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.) is
23 placed 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 R.S. 36:803.
26 DD. The Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.) is
27 placed within the Louisiana Department of Health under the jurisdiction of the
28 Louisiana State Board of Medical Examiners and shall perform and exercise its
29 powers, duties, functions, and responsibilities in the manner provided for agencies
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1 transferred in accordance with R.S. 36:919.2.
2 EE. The Louisiana Licensed Professional Counselors Board of Examiners
3 (R.S. 37:1101 et seq.) is hereby placed within the Louisiana Department of Health
4 and shall perform and exercise its powers, duties, functions, and responsibilities in
5 the manner provided for agencies transferred in accordance with the provisions of
6 R.S. 36:803.
7 FF. The Medical Education Commission (R.S. 17:1519.12) is placed within
8 the Louisiana Department of Health and shall exercise and perform its powers,
9 duties, functions, and responsibilities in the manner provided for agencies transferred
10 in accordance with the provisions of Part III of Chapter 22 of this Title.
11 GG. The Louisiana Emergency Medical Services Certification Commission
12 ( R.S. 40:1131 et seq.) is placed within the Louisiana Department of Health and shall
13 perform and exercise its powers, duties, functions, and responsibilities in the manner
14 provided for agencies transferred in accordance with R.S. 36:919.4.
15 MM. The Louisiana Medical Disclosure Panel (R.S. 40:1157.2) is placed
16 within the Louisiana Department of Health and shall exercise and perform its
17 powers, duties, functions, and responsibilities in the manner provided for agencies
18 transferred in accordance with the provisions of R.S. 36:802.
19 NN. The Louisiana Sickle Cell Commission (R.S. 40:2018.3) is placed within
20 the Louisiana Department of Health and shall exercise and perform its powers,
21 duties, functions, and responsibilities as provided by or pursuant to law.
22 OO. The Louisiana Obesity Prevention and Management Commission (R.S.
23 40:2018.4) is placed within the Louisiana Department of Health and shall exercise
24 and perform its powers, duties, functions, and responsibilities as provided by or
25 pursuant to law.
26 A. 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
28 R.S. 36:803:
29 (1) Louisiana State Board of Dentistry (R.S. 37:751 et seq.).
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1 (2) Louisiana State Board of Embalmers and Funeral Directors (R.S.
2 37:831 et seq.).
3 (3) Louisiana State Board of Nursing (R.S. 37:911 et seq.).
4 (4) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et
5 seq.).
6 (5) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et
7 seq.).
8 (6) Louisiana Licensed Professional Counselors Board of Examiners
9 (R.S. 37:1101 et seq.).
10 (7) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et
11 seq.).
12 (8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S.
13 37:611 et seq.; R.S. 37:1261 et seq.).
14 (9) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101 et
15 seq.).
16 (10) State Board of Examiners of Psychologists (R.S. 37:2351 et seq.).
17 (11) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.).
18 (12) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.).
19 (13) Board of Examiners for Nursing Facility Administrators (R.S.
20 37:2501 et seq.).
21 (14) Louisiana Board of Examiners for Speech-Language Pathology and
22 Audiology (R.S. 37:2650 et seq.).
23 (15) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et
24 seq.).
25 (16) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.).
26 (17) State Board of Electrolysis Examiners (R.S. 37:3051 et seq.).
27 (18) Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.
28 37:3081 et seq.).
29 (19) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.).
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1 (20) The Addictive Disorder Regulatory Authority (R.S. 37:3389).
2 (21) The Louisiana Licensed Professional Vocational Rehabilitation
3 Counselors Board of Examiners (R.S. 37:3441 et seq.).
4 (22) Louisiana Board of Drug and Device Distributors (R.S. 37:3461 et
5 seq.).
6 (23) The Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.).
7 (24) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.).
8 B. 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,
10 duties, functions, and responsibilities as otherwise provided by law:
11 (1) Louisiana state office of rural health (R.S. 40:2195.1).
12 (2) Louisiana State Child Death Review Panel (R.S. 40:2019).
13 (3) Marriage and Family Therapy Advisory Committee (R.S. 37:1104)
14 (Established by the Louisiana Licensed Professional Counselors Board of
15 Examiners).
16 (4) Nursing Home Emergency Preparedness Review Committee (R.S.
17 40:2009.25).
18 (5) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.).
19 (6) Louisiana Birth Defects Surveillance System Advisory Board (R.S.
20 40:31.41 et seq.).
21 (7) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et
22 seq.).
23 (8) Health Data Panel (R.S. 40:1173.1 et seq.).
24 (9) The Louisiana Standards for Water Works Construction, Operation,
25 and Maintenance Committee (R.S. 40:4.13).
26 (10) Medicaid Pharmaceutical and Therapeutics Committee (R.S.
27 46:153.3).
28 (11) The advisory council for the program of early identification of deaf
29 or hard of hearing infants (R.S. 46:2261 et seq.).
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1 (12) Louisiana Obesity Prevention and Management Commission (R.S.
2 40:2018.4).
3 (13) Louisiana Sickle Cell Commission (R.S. 40:2018.3).
4 (14) Physician Assistants Advisory Committee (R.S. 37:1270.1).
5 (15) Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et
6 seq.).
7 (16) Commission on Perinatal Care and Prevention of Infant Mortality
8 (R.S. 40:2018).
9 (17) Water Supply and Sewerage Systems Certification Committee (R.S.
10 40:1281.1 et seq.).
11 (18) Louisiana Commission for the Deaf (R.S. 46:2351 et seq.).
12 (19) Louisiana Medical Disclosure Panel (R.S. 40:1157.2).
13 (20) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.).
14 (21) The Louisiana Advisory Committee on Populations and Geographic
15 Regions With Excessive Cancer Rates (R.S. 40:1105.12).
16 (22) Medical Education Commission (R.S. 17:1519.12).
17 (23) Louisiana Access to Better Care Medicaid Insurance Demonstration
18 Project Oversight Board (R.S. 46:160.1 et seq.).
19 (24)(a) The Louisiana Emergency Response Network Board (R.S.
20 40:2841 et seq.).
21 (b) The Louisiana Emergency Response Network Board shall be a
22 separate budget unit within the Louisiana Department of Health.
23 (25)(a) The Louisiana Developmental Disabilities Council (R.S. 28:750
24 et seq.). The council shall have full appointing authority for all personnel
25 purposes.
26 (b)The regional and state advisory councils for the Community and
27 Family Support System (R.S. 28:824(J)).
28 (26) Anatomical Board (R.S. 17:2271 et seq.).
29 (27) Board of Commissioners of the South Louisiana Health Services
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1 District (R.S. 28:241 et seq.).
2 (28) Nursing Home Advisory Committee (R.S. 40:2009.1).
3 (29) Hospital Licensing Council (R.S. 40:2108).
4 (30) Traumatic Head and Spinal Cord Injury Trust Fund Advisory
5 Board (R.S. 46:2631 et seq.).
6 (31) Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.).
7 (32) Louisiana Emergency Medical Services Certification Commission
8 (R.S. 40:1131 et seq.).
9 (33) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et
10 seq.).
11 (34) Louisiana State Board of Health and the Louisiana Department of
12 Health and all its subsidiary boards (Such provisions of Title 40 of the
13 Louisiana Revised Statutes of 1950 as are applicable to the abolished board and
14 department).
15 C. The following agencies, as defined by R.S. 36:3, are transferred to and
16 hereafter shall be within the Louisiana Department of Health, as provided in
17 Part II of Chapter 22 of this Title:
18 (1) Eastern Louisiana Mental Health System (Jackson).
19 (2) Central Louisiana State Hospital (Pineville).
20 (3) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(1); R.S.
21 28:451.4).
22 (4) North Lake Supports and Services Center (R.S. 28:22.8(A)(3); R.S.
23 28:451.4).
24 (5) The behavioral health facilities located in New Orleans, Baton Rouge,
25 Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,
26 Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa,
27 Pineville, Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine,
28 Raceland, Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah,
29 Columbia, Oakdale, and any other state-owned or state-operated facilities as
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1 may be hereinafter established (R.S. 28:22.5).
2 (6) Northwest Supports and Services Center (R.S. 28:22.8(A)(2); R.S.
3 28:451.4).
4 (7) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S.
5 40:2142).
6 * * *
7 §629. Transfer of boards, commissions, departments, and agencies to the
8 Department of Agriculture and Forestry
9 * * *
10 (S) The Board of Veterinary Medicine (R.S. 37:1511 et seq.) is hereby
11 transferred and placed within the Department of Agriculture and Forestry as
12 provided in R.S. 36:803.
13 * * *
14 §801.1. Transfer; retention of all functions
15 A. The agencies transferred by the provisions of R.S. 36:4(B)(1)(dd) and (18)
16 and (D), 4.1(C) and (G), 53(H) and (J), 209(R), 259(J)(B)(24), 409(N), 509(O),
17 651(D), and 725(A) shall continue to be comprised and selected as provided by law.
18 * * *
19 §802. Transfer; retention of policymaking and rulemaking functions
20 The agencies transferred by the provisions of R.S. 36:209(Q) and (Y),
21 259(MM)(B)(19), 309(B), 409(C), 459(B), 610(B), 629(I), and 769(C) shall continue
22 to be composed and selected as provided by law, and each shall continue to exercise
23 all of the powers, duties, functions, and responsibilities provided or authorized for
24 each by the constitution or laws which are in the nature of policymaking,
25 rulemaking, licensing, regulation, enforcement, or adjudication and also shall
26 continue to exercise all advisory powers, duties, functions, and responsibilities
27 provided by law. Such powers, duties, functions, and responsibilities shall be
28 exercised independently of the secretary and any assistant secretary, except that:
29 * * *
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1 §803. Transfer; licensing agencies
2 A.(1) Each of the agencies transferred by the provisions of R.S. 36:4.1(D),
3 R.S. 36:209(D), R.S. 36:259(E)(A), R.S. 36:309(D), R.S. 36:409(D), and R.S.
4 36:509(C), all of which are charged by law with the responsibility for the regulation,
5 examination, certification, and licensing of persons in this state, and the enforcement
6 of the laws relating thereto, shall continue to be composed and selected as provided
7 by law, and each shall continue to exercise all of the powers, duties, functions, and
8 responsibilities provided or authorized for each by the constitution or laws which are
9 in the nature of policymaking, rulemaking, certification, licensing, regulation,
10 enforcement, or adjudication and also shall continue to exercise all advisory powers,
11 duties, functions, and responsibilities provided by law.
12 * * *
13 Section 2. R.S. 37:753(B), (C)(4) and (J), 832(A)(2) and (B)(2), 914(B)(1) and
14 (C)(6), 915, 916(B), 962(B) and (C), 1042, 1104(A), (B)(1) and (2)(a), and (C), 1172(A),
15 1174(B), 1263(C), 1515(A)(1), 2102, 2353(A)(1), (2) and (3), the introductory paragraph
16 of 2359(B), 2403(B), 2455(B)(1), (3), (4) and (5), 2654(A), the introductory paragraph of
17 2704(A), (A)(5), (B), (C) and (G), 2802, 3061(A)(1) and (2), 3084, 3201, 3389, 3444(A),
18 (B) and (C), 3463(A), (B) and (E), 3554(A) and (B), and 3703(B), (C) and (D) are hereby
19 amended and reenacted and R.S. 37:753(C)(5), 914(B)(3) and 962(D) are hereby enacted to
20 read as follows:
21 §753. Louisiana State Board of Dentistry; appointment of members; term of office;
22 vacancies; nominating meetings; quorum; domicile
23 * * *
24 B. The board shall be composed of such fifteen members to include one
25 consumer, thirteen qualified and licensed dentists as provided in Subsection C of
26 this Section and one qualified and licensed dental hygienist.
27 C. Each member of the board shall be appointed by the governor as follows:
28 * * *
29 (4)(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 (5) In the event the governor declares a state of emergency, all nominating
17 procedures may be delayed for a period of not longer than one hundred eighty days
18 from the date the emergency was first declared by the governor.
19 * * *
20 J. Each member of the board shall be actively engaged in the practice of
21 dentistry or the practice of dental hygiene at the time of appointment, except for the
22 consumer member.
23 * * *
24 §832. Louisiana State Board of Embalmers and Funeral Directors; appointments;
25 terms of office
26 A.(1) * * *
27 (2) The board shall consist of nine members to be appointed by the governor,
28 subject to Senate confirmation, as further provided in Subsection B of this Section.
29 All members of the board shall serve at the pleasure of the governor for terms of four
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1 years. The governor shall ensure that his appointments demonstrate race,
2 gender, ethnic, and geographical diversity.
3 B.(1) * * *
4 * * *
5 (2)(a) The board shall also include one member, appointed by the governor,
6 who shall be sixty years of age or over and who shall serve as a representative of the
7 elderly consumers of Louisiana. The elderly member shall not be actively engaged
8 in nor shall he be retired from the occupation, profession, or industry of funeral
9 directors or embalmers. The elderly member shall be a full voting member of the
10 board, except that the elderly member shall not participate in the grading of
11 individual examinations. consumer member who shall be selected from the state
12 at large and appointed by the governor. The consumer member of the board
13 shall possess all of the following qualifications:
14 (i) Is a citizen of the United States and has been a resident of Louisiana
15 for at least one year immediately prior to appointment.
16 (ii) Has attained the age of majority.
17 (iii) Has never been licensed by any of the licensing boards identified in
18 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
19 board identified in R.S. 36:259(A).
20 (iv) Has never been convicted of a felony.
21 (v) Does not have and has never had a material financial interest in the
22 healthcare profession.
23 (b) The consumer member shall be a full voting member of the board,
24 except that the consumer member shall not participate in the grading of
25 individual examinations.
26 * * *
27 §914. Louisiana State Board of Nursing; appointment of members; term of office;
28 vacancy; officers; compensation
29 * * *
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1 B.(1) The board shall be composed of eight registered nurses appointed by
2 the governor from a list of names submitted by the Louisiana State Nurses
3 Association, one certified registered nurse anesthetist appointed by the governor
4 from a list of names submitted by the Louisiana Association of Nurse Anesthetists,
5 Ltd., and two representatives of the consumers of Louisiana from the state at-large
6 appointed by the governor, neither of whom shall be a nurse. Each board member
7 shall possess all of the applicable qualifications provided in R.S. 37:916.
8 * * *
9 (3) Within not less than thirty days prior to the expiration of each
10 member's term, the board shall submit to the governor a list of the names of
11 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 governor shall ensure that
14 his appointments demonstrate race, gender, ethnic, and geographical diversity.
15 The consumer member may also apply directly to the office of the governor.
16 C.
17 * * *
18 (6) Upon the expiration of the term of any member or in the event of a
19 vacancy for any reason, the appropriate nominating organization board shall submit
20 to the governor the names of two interested and qualified persons for each vacancy
21 to be filled.
22 * * *
23 §915. Removal of board members
24 Any member may be removed from the board by the governor or a majority
25 vote of the board after notice and a hearing by the board wherein grounds for
26 removal have been established, and the removal is recommended by the Louisiana
27 State Nurses Association. Grounds for removal shall include but not be limited to
28 incompetence, neglect of duty, or unprofessional or dishonorable conduct.
29 §916. Qualifications of board members
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1 * * *
2 B.(1) Each consumer member of the board shall possess all of the following
3 qualifications:
4 (1)(a) Is a citizen of the United States and has been a resident of Louisiana
5 for at least one year immediately prior to appointment.
6 (2)(b) Has attained the age of majority.
7 (3)(c) Has never engaged in any activity directly related to the practice of
8 professional nursing Has never been licensed by any of the licensing boards
9 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
10 licensed by a board identified in R.S. 36:259(A).
11 (4)(d) Has never been convicted of a felony.
12 (e) Does not have and has never had a material financial interest in the
13 healthcare profession.
14 (2) The consumer member shall be a full voting member of the board
15 with all rights and privileges conferred on board members, except that the
16 consumer member shall not participate in the grading of individual
17 examinations.
18 * * *
19 §962. Louisiana State Board of Practical Nurse Examiners; method of appointment
20 * * *
21 B. Six members of the board shall be practical nurses, two shall be registered
22 nurses, one shall be a consumer, and five four shall be licensed physicians.
23 C.(1) The appointment of members of the board shall be made from a list,
24 containing twice the number of eligibles to be appointed, submitted to the governor
25 by the Louisiana State Medical Society where the appointee shall be a licensed
26 physician, by the Louisiana Federation of Licensed Practical Nurses, Inc., for one of
27 the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of
28 the practical nurses, by the Louisiana Nursing Home Association, for one practical
29 nurse, by the Louisiana Hospital Association, for one practical nurse, or by the
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1 Louisiana State Nurses Association where the appointee shall be a registered nurse
2 board.
3 (2) 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 governor shall ensure that
8 his appointments demonstrate race, gender, ethnic, and geographical diversity.
9 The consumer member may also apply directly to the office of the governor.
10 D.(1) 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 (a) 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 (b) Has attained the age of majority.
16 (c) Has never been licensed by any of the licensing boards identified in
17 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
18 board identified in R.S. 36:259(A).
19 (d) Has never been convicted of a felony.
20 (e) Does not have and has never had a material financial interest in the
21 healthcare profession.
22 (2) 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 * * *
27 §1042. Louisiana State Board of Optometry Examiners; appointment; terms of
28 members; protected action and communication
29 A. The Louisiana State Board of Optometry Examiners is created within the
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1 Louisiana Department of Health and is subject to the provisions of R.S. 36:803. This
2 board shall consist of five four members who shall be licensed optometrists and shall
3 have practiced optometry in this state for seven years and one consumer member.
4 B. Each licensed optometrist member of the board shall be appointed by the
5 governor from a list of three names submitted to him by the board. The governor
6 shall ensure that his appointments demonstrate race, gender, ethnic, and
7 geographical diversity. For the purpose of preparing the list of three names, the
8 board shall conduct an annual meeting on a date in June set by the board annually,
9 at which all optometrists licensed under the laws of Louisiana shall have the right to
10 attend, nominate and vote. The board shall have the authority to regulate and
11 prescribe the place and hour of the meeting, the method of nomination, and the
12 manner of voting. Each optometrist in attendance shall have the right to vote for
13 those persons duly nominated and no cumulative or proxy voting shall be permitted.
14 Each optometrist voting must vote for three nominees in order for his ballot to be
15 valid, and any ballot indicating votes for more or less than three nominees shall be
16 null and void. The three persons receiving the greatest number of votes of those in
17 attendance at the meeting shall be the three persons whose names shall be submitted
18 to the governor for appointment to the board. At least thirty days prior to the meeting
19 the board shall mail notices to each optometrist licensed under the laws of Louisiana
20 at the address shown in his current registration notifying each optometrist of the
21 exact date, place and hour of the meeting, the purpose of the meeting and of his right
22 to attend and vote.
23 C.(1) The consumer member shall be selected from the state at large and
24 appointed by the governor. The consumer member of the board shall possess all
25 of the following qualifications:
26 (a) 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 (b) Has attained the age of majority.
29 (c) 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 (d) Has never been convicted of a felony.
4 (e) Shall not have nor shall ever have had a material financial interest in
5 the healthcare profession.
6 (2) 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 C.D. Each appointment by the governor shall be subject to Senate
11 confirmation. The term of each member shall be five years, but vacancies occurring
12 during the term of a member shall be filled for the unexpired term by an optometrist
13 possessing the qualifications for board membership, nominated by the remaining
14 members of the board and appointed by the governor from that nomination.
15 D.E. There shall be no liability on the part of and no action for damages
16 against any of the following:
17 (1) Any member of the board, or its agents or employees, for any action
18 undertaken or performed by such person within the scope of the duties, powers, and
19 functions of the board or such examining committee as provided for in this Chapter
20 when such person is acting without malice and in the reasonable belief that the action
21 taken by him is warranted; or.
22 (2) Any person providing information to the board, its agents or employees,
23 whether a witness, or otherwise, unless such information is false and the person
24 providing it knew that such information was false.
25 E.F. In any suit brought against the board, its employees or agents, or any
26 person or entity providing information to the board, when the defendant substantially
27 prevails in such suit, the court shall, at the conclusion of the action, award to the
28 defendant and assess against the claimant the cost of defending the suit attributable
29 to such claim, including reasonable attorney fees, if the claim, or the claimant's
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1 conduct during the litigation of the claim, was either frivolous, unreasonable, without
2 foundation, or in bad faith. For the purpose of this Subsection, a defendant shall not
3 be considered to have substantially prevailed when the claimant obtains an award for
4 damages or permanent injunctive or declaratory relief.
5 * * *
6 §1104. Louisiana Licensed Professional Counselors Board of Examiners
7 A. There is hereby created in the Louisiana Department of Health the
8 Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred
9 to as the "board", consisting of eleven members who shall be residents of the state
10 of Louisiana. Each term shall be for four years. Seven appointments to the board,
11 including one individual from the public at large, shall be made by the governor from
12 a list of qualified candidates submitted by the executive board of the Louisiana
13 Counseling Association. Four appointments to the board shall be made by the
14 governor from a list of qualified candidates submitted by the executive board of the
15 Louisiana Association for Marriage and Family Therapy. Each appointment by the
16 governor shall be submitted to the Senate for confirmation.
17 B.(1)(a) The membership of the board shall consist of three licensed
18 professional counselors, three educators who are licensed professional counselors
19 and whose function is the training of mental health counselors in accredited
20 programs, four licensed marriage and family therapists, and one individual
21 consumer from the public at large. The professional membership of the board shall
22 be licensed under this Chapter. The board shall perform such duties and exercise
23 such powers as this Chapter prescribes and confers upon it. No member of the board
24 shall be liable in any civil action for any act performed in good faith in the execution
25 of his duties under this Chapter.
26 (b) Within not less than thirty days prior to the expiration of each
27 member's term, the board shall submit to the governor a list of the names of
28 interested and qualified individuals for each respective category of board
29 member identified through notice to all individuals licensed by the board, from
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1 which the governor shall make his appointment. The governor shall ensure that
2 his appointments demonstrate race, gender, ethnic, and geographical diversity.
3 The consumer member may 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) Has never been licensed by any of the licensing boards identified in
11 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
12 board identified in R.S. 36:259(A).
13 (dd) Has never been convicted of a felony.
14 (ee) Does not have and has never had a material financial interest in the
15 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, other than by expiration of term, shall be appointed for the remainder
2 of the unexpired term by the governor within thirty days from a list of qualified
3 candidates supplied provided by the executive board of the Louisiana Counseling
4 Association. Any vacancy occurring in board membership for the four licensed
5 marriage and family therapists, other than by expiration of term, shall be appointed
6 for the remainder of the unexpired term by the governor within thirty days from a list
7 of qualified candidates supplied provided by the executive board of the Louisiana
8 Association for Marriage and Family Therapy.
9 * * *
10 §1172. Membership
11 A. The board shall consist of seventeen members appointed by the governor,
12 including two licensed pharmacists from each of the pharmacy districts as provided
13 in R.S. 37:1173 and one representative of the consumers of Louisiana from the state
14 at-large who possess the qualifications specified in R.S. 37:1174. The governor
15 shall ensure that his appointments demonstrate race, gender, ethnic, and
16 geographical diversity.
17 * * *
18 §1174. Qualifications
19 * * *
20 B.(1) The consumer member of the board shall possess all of the following
21 qualifications: be a resident of this state who has attained the age of majority and
22 shall not have nor shall ever have had material financial interest in the providing of
23 pharmacy services or who has engaged in any activity directly related to the practice
24 of pharmacy. The consumer representative shall not have been convicted of a felony.
25 (a) Is a citizen of the United States and has been a resident of Louisiana
26 for at least one year immediately prior to appointment.
27 (b) Has attained the age of majority.
28 (c) Has never been licensed by any of the licensing boards identified in
29 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
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1 board identified in R.S. 36:259(A).
2 (d) Has never been convicted of a felony.
3 (e) Does not have and has never had a material financial interest in the
4 healthcare profession.
5 (2) 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 §1263. Louisiana State Board of Medical Examiners; membership; qualifications;
11 appointment; removal; terms
12 * * *
13 C.(1) Each physician member of the board shall at the time of appointment:
14 (1)(a) Be a resident of this state for not less than six months.
15 (2)(b) Be currently licensed and in good standing to engage in the practice
16 of medicine in this state.
17 (3)(c) Be actively engaged in the practice of medicine in this state.
18 (4)(d) Have five years of experience in the practice of medicine in this state
19 after licensure.
20 (5)(e) Have not been convicted of a felony.
21 (6)(f) Have not been placed on probation by the board.
22 (2)(a) The consumer member of the board shall possess all of the
23 following qualifications:
24 (i) Is a citizen of the United States and has been a resident of Louisiana
25 for at least one year immediately prior to appointment.
26 (ii) Has attained the age of majority.
27 (iii) Has never been licensed by any of the licensing boards identified in
28 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
29 board identified in R.S. 36:259(A).
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1 (iv) Has never been convicted of a felony.
2 (v) Does not have and has never had a material financial interest in the
3 healthcare profession.
4 (b) The consumer member shall be a full voting member of the board
5 with all rights and privileges conferred on board members, except that the
6 consumer member shall not participate in the grading of individual
7 examinations.
8 * * *
9 §1515. Board of Veterinary Medicine; terms; compensation; removal
10 A.(1) There is created within the Louisiana Department of Health
11 Agriculture and Forestry a board to be known as the Louisiana Board of Veterinary
12 Medicine which is subject to the provisions of R.S. 36:803.
13 * * *
14 §2102. Board of Examiners; creation; domicile; membership; terms of office
15 A.(1) The Louisiana State Board of Examiners for Sanitarians is hereby
16 created within the Louisiana Department of Health and is subject to the provisions
17 of R.S. 36:803. Its domicile shall be in the city of New Orleans, Louisiana. The
18 board shall consist of seven members, three of whom shall be respectively the dean
19 of the College of Arts and Sciences of Louisiana State University and Agricultural
20 and Mechanical College; the dean of the College of Arts and Sciences of Tulane
21 University of Louisiana; and the assistant secretary, office of public health of the
22 Louisiana Department of Health; and four six of whom shall be duly recognized
23 licensed practicing sanitarians and one consumer member, all who shall be
24 appointed by the governor and confirmed by the Senate.
25 (2) Within not less than thirty days prior to the expiration of each
26 member's term, the board shall submit to the governor a list of the names of
27 interested and qualified individuals for each respective category of board
28 member identified through notice to all individuals licensed by the board, from
29 which the governor shall make his appointment. The governor shall ensure that
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1 his appointments demonstrate race, gender, ethnic, and geographical diversity.
2 The consumer member may also apply directly to the office of the governor.
3 (3)(a) The consumer member shall be selected from the state at large and
4 appointed by the governor. The consumer member of the board shall possess all
5 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) Has never been licensed by any of the licensing boards identified in
10 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
11 board identified in R.S. 36:259(A).
12 (iv) Has never been convicted of a felony.
13 (v) Does not have and has never had a material financial interest in the
14 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. The four sanitarians of the original board shall be appointed to terms
20 beginning with the effective date of this Chapter, as follows: one member for one
21 year, one member for two years, one member for three years, and one member for
22 four years. Thereafter each sanitarian Each member appointed to the board shall be
23 appointed and serve for a term of four years.
24 * * *
25 §2353. State board of examiners; organization; duties; meetings; fees
26 A.(1) There is hereby created within the Louisiana Department of Health a
27 Louisiana State Board of Examiners of Psychologists which shall be subject to the
28 provisions of R.S. 36:803. The board shall consist of five six members who are
29 citizens of the United States, residents of the state of Louisiana, and appointed by the
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1 governor to be comprised of five psychologists and one consumer.
2 (2) Upon expiration of the three-year terms of the members in office on
3 September 1, 1987, and except for the transition set forth below, the The governor
4 shall appoint members for terms of five years. Each appointment by the governor
5 shall be subject to Senate confirmation. For the two vacancies occurring July 1,
6 1988, one member shall be appointed for a three-year term and one member for a
7 four-year term; for the vacancy occurring July 1, 1989, the member shall be
8 appointed for a four-year term; and for the two vacancies occurring July 1, 1990, one
9 member shall be appointed for a four-year term and one member for a five-year term.
10 A board member shall not be eligible to succeed himself. All psychologist
11 appointments shall be from a list provided by the Louisiana Psychological
12 Association board. Within not less than thirty days prior to the expiration of
13 each member's term, the board shall submit to the governor a list of the names
14 of interested and qualified individuals for each respective category of board
15 member identified through notice to all individuals licensed by the board, from
16 which the governor shall make his appointment. The governor shall ensure that
17 his appointments demonstrate race, gender, ethnic, and geographical diversity.
18 The consumer member may also apply directly to the office of the governor. The
19 list shall report the results of an election in which persons qualified for board
20 membership may nominate themselves and in which licensed members of the
21 Louisiana Psychological Association and other persons licensed under this Chapter
22 psychologists are entitled to one vote for each vacancy on the board.
23 (3)(a) Each psychologist board member shall be a citizen of the United
24 States, resident of the state of Louisiana, shall have rendered service, teaching,
25 training, or research in psychology for at least five years, shall have held a doctoral
26 degree in psychology from a school or college as defined in this Chapter for a period
27 of five years, and shall be licensed under this Chapter for a minimum of five years.
28 (b)(i) The consumer member shall be selected from the state at large and
29 shall possess all of the following qualifications:
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1 (aa) Is a citizen of the United States and has been a resident of Louisiana
2 for at least one year immediately prior to appointment.
3 (bb) Has attained the age of majority.
4 (cc) Has never been licensed by any of the licensing boards identified in
5 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
6 board identified in R.S. 36:259(A).
7 (dd) Has never been convicted of a felony.
8 (ee) Does not have and has never had a material financial interest in the
9 healthcare profession.
10 (ii) The consumer member shall be a full voting member of the board
11 with all rights and privileges conferred on board members, except that the
12 consumer member shall not participate in the grading of individual
13 examinations.
14 * * *
15 §2359. Denial, revocation, or suspension of license; psychologist; provisional
16 license; specialist in school psychology
17 * * *
18 B. The board shall have the power and duty to suspend, place on probation,
19 require remediation for a specified time, revoke any license to practice psychology,
20 any provisional license to practice psychology, or any license to practice as a
21 specialist in school psychology issued by the board, or take any other action
22 specified in the rules and regulations whenever the board, by affirmative vote of at
23 least four five of its five six members, shall find by a preponderance of the evidence
24 that a psychologist, provisional licensed psychologist, or specialist in school
25 psychology has engaged in any of the following acts or offenses:
26 * * *
27 §2403. Physical therapy board; composition
28 * * *
29 B.(1) The board shall consist of seven members who shall be appointed by
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1 the governor as follows: to include four physical therapists, one physical
2 therapist assistant, one physician, and one consumer member. Within not less
3 than thirty days prior to the expiration of each member's term, the board shall
4 submit to the governor a list of the names of interested and qualified individuals
5 for each respective category of board member identified through notice to all
6 individuals licensed by the board, from which the governor shall make his
7 appointment. The governor shall ensure that his appointments demonstrate
8 race, gender, ethnic, and geographical diversity. The consumer member may
9 also apply directly to the office of the governor.
10 (1) Two members shall be physical therapists who possess an unrestricted
11 license to practice physical therapy and who have been practicing in the state for no
12 less than three years.
13 (2) One member shall be a physical therapist who possesses an unrestricted
14 license to practice physical therapy and has been practicing in the state for no less
15 than three years and shall be appointed from a list of names submitted by the
16 Louisiana Hospital Association.
17 (3) Two members shall be physical therapists who possess an unrestricted
18 license to practice physical therapy and have been practicing in the state for no less
19 than three years and shall be appointed from a list of names submitted by the
20 Louisiana Physical Therapy Association.
21 (4) One member shall be a physical therapist assistant who possesses an
22 unrestricted license to assist in the practice of physical therapy as a physical therapist
23 assistant and who has been practicing in the state for no less than three years.
24 (5) One member shall be a physician who possesses an unrestricted license
25 to practice medicine in the state and who specializes in the practice of orthopedic
26 surgery or the practice of physiatry and shall be appointed from a list of names
27 submitted by the Louisiana State Medical Society.
28 (2) The physical therapist and physical therapist assistant shall possess
29 an unrestricted license to practice physical therapy or to assist in the practice
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1 of physical therapy and shall have been practicing in the state for no less than
2 three years.
3 (3)(a) The consumer member shall be selected from the state at large and
4 possess all of the following qualifications:
5 (i) Is a citizen of the United States and has been a resident of Louisiana
6 for at least one year immediately prior to appointment.
7 (ii) Has attained the age of majority.
8 (iii) Has never been licensed by any of the licensing boards identified in
9 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
10 board identified in R.S. 36:259(A).
11 (iv) Has never been convicted of a felony.
12 (v) Does not have and has never had a material financial interest in the
13 healthcare profession.
14 (b) The consumer member shall be a full voting member of the board
15 with all rights and privileges conferred on board members, except that the
16 consumer member shall not participate in the grading of individual
17 examinations.
18 * * *
19 §2455. Louisiana Board for Hearing Aid Dealers; composition; districts
20 * * *
21 B.(1) The board shall be composed of nine members to include eight
22 licensed hearing aid dealers and one consumer member, each appointed by the
23 governor and confirmed by the Senate. Seven members shall be hearing aid
24 dealers, the eighth shall be the state health officer or his representative, and the ninth
25 member shall be sixty years of age or over and shall serve as a representative of the
26 elderly consumers of Louisiana. The seven hearing aid dealers shall be appointed in
27 the following manner. The Louisiana Society of Hearing Aid Specialists, chartered
28 by the state, shall submit to the governor names of not less than fourteen qualified
29 hearing aid dealers, who shall be actively engaged in the selling and fitting of
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1 hearing aids. Within not less than thirty days prior to the expiration of each
2 member's term, the board shall submit to the governor a list of the names of
3 interested and qualified individuals for each respective category of board
4 member identified through notice to all individuals licensed by the board, from
5 which the governor shall make his appointment. The governor shall ensure that
6 his appointments demonstrate race, gender, ethnic, and geographical diversity.
7 The consumer member may also apply directly to the office of the governor.
8 * * *
9 (3) Out of the fourteen qualified hearing aid dealers to be submitted to the
10 governor, four are to be domiciled and work in District I and two are to be domiciled
11 and work in each of the other districts. The board shall include in their submission
12 to the governor interested and qualified hearing aid dealers who are domiciled
13 and work in each of the six districts unless there were no interested and
14 qualified individuals in a particular district.
15 (4) From this list the governor shall appoint seven members of the board, two
16 from District I, and one from each of the other five districts. Of the seven hearing aid
17 dealer members of the board, one shall be appointed to serve a term of four years,
18 two shall be appointed to serve for a term of three years, two shall be appointed to
19 serve for a term of two years, and two shall be appointed to serve for a term of one
20 year. Each member so appointed shall serve for the term of his appointment, and
21 thereafter until his successor has been appointed by the governor. After the original
22 board member has been appointed by the governor, as hereinabove set forth, each of
23 the successor hearing aid dealer board members Each member shall be appointed
24 for a term of four years. All terms provided in this Paragraph shall begin on January
25 1, 1969. In the event of a vacancy on the board, the governor shall appoint a new
26 hearing aid dealer board member to serve out the unexpired term. The members of
27 the board shall annually designate one such member to serve as chairman and
28 another member to serve as secretary-treasurer. No hearing aid dealer member of the
29 board may be reappointed to the board until at least one year after the expiration of
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1 his second term of office.
2 (5)(a) The elderly representative shall be appointed by the governor and the
3 appointment shall be subject to Senate confirmation. The elderly representative shall
4 serve at the pleasure of the governor and any vacancy shall be filled by a
5 gubernatorial appointment. The elderly representative shall not be actively engaged
6 in or retired from the occupation, profession, or industry of hearing aids. The elderly
7 member shall be a full voting member of the board, except that the elderly
8 representative shall not participate in the grading of individual examinations. The
9 consumer member shall be selected from the state at large and shall possess all
10 of the following qualifications:
11 (i) Is a citizen of the United States and has been a resident of Louisiana
12 for at least one year immediately prior to appointment.
13 (ii) Has attained the age of majority.
14 (iii) Has never been licensed by any of the licensing boards identified in
15 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
16 board identified in R.S. 36:259(A).
17 (iv) Has never been convicted of a felony.
18 (v) Does not have and has never had a material financial interest in the
19 healthcare profession.
20 (b) The consumer member shall be a full voting member of the board,
21 except that the consumer member shall not participate in the grading of
22 individual examinations.
23 * * *
24 §2654. Board of examiners; creation; membership; appointment; terms; chair;
25 quorum; domicile
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) Has never been licensed by any of the licensing boards identified in
27 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
28 board identified in R.S. 36:259(A).
29 (iv) Has never been convicted of a felony.
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1 (v) Does not have and has never had a material financial interest in the
2 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 governor shall ensure that
25 his appointments demonstrate race, gender, ethnic, and geographical diversity.
26 The consumer member may also apply directly to the office of the governor. All
27 appointees shall serve no more than two consecutive full terms. The completion of
28 an unexpired portion of a full term shall not constitute a full term for purposes of this
29 Section. The board shall consist of the following members:
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1 * * *
2 (5) One public consumer member.
3 B. Each board member, with the exception of the public consumer member,
4 shall be a person who holds a current, valid license or registration issued pursuant
5 to this Chapter and shall be a citizen of the United States and resident of the state
6 of Louisiana. At all times the board shall consist of at least three members who are
7 engaged primarily in rendering direct services in social work and at least one
8 member who is engaged primarily in social work education or a practice specialty
9 other than clinical.
10 C. No public member shall be currently an elected official, and no member
11 shall be or have been any of the following:
12 (1) Actively engaged in the practice of social work or be the spouse of a
13 social worker.
14 (2) Engaged in the practice of psychology, psychiatry, or a member of a
15 mental health profession, or the spouse of a member of a mental health profession.
16 (3) Employed or own an agency or business entity that provides social,
17 health, or mental health care or substance abuse services.
18 (1) The consumer member of the board shall be selected from the state
19 at large and shall possess all of the following qualifications:
20 (a) 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 (b) Has attained the age of majority.
23 (c) Has never been licensed by any of the licensing boards identified in
24 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
25 board identified in R.S. 36:259(A).
26 (d) Has never been convicted of a felony.
27 (e) Does not have and has never had a material financial interest in the
28 healthcare profession.
29 (f) Shall not be an elected official.
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1 (2) The consumer member shall be a full voting member of the board
2 with all rights and privileges conferred on board members, except that the
3 consumer member shall not participate in the grading of individual
4 examinations.
5 * * *
6 G. The board shall notify all social workers of vacancies on the board, the
7 qualifications for service, and that interested social workers may submit a letter of
8 interest and resume' to qualified social work membership organizations the board.
9 * * *
10 §2802. Board of chiropractic examiners
11 A.(1) The Louisiana Board of Chiropractic Examiners is hereby created
12 within the Louisiana Department of Health and is subject to the provisions of R.S.
13 36:803. The board shall be composed of seven members who shall be appointed by
14 the governor to include six licensed chiropractors and one consumer member
15 and confirmed by the Senate. Each member shall be appointed by the governor
16 subject to Senate confirmation. Within not less than thirty days prior to the
17 expiration of each member's term, the board shall submit to the governor a list
18 of the names of interested and qualified individuals for each respective category
19 of board member identified through notice to all individuals licensed by the
20 board, from which the governor shall make his appointment. The governor shall
21 ensure that his appointments demonstrate race, gender, ethnic, and
22 geographical diversity. The consumer member may also apply directly to the
23 office of the governor. Terms of members shall be four years each or until the
24 successor of each member takes office. All seven members shall be chiropractors
25 licensed under the provisions of this Chapter, who have been continuously engaged
26 in the practice of chiropractic in this state for at least five years; however, the initial
27 members required to be chiropractors shall be persons who are eligible to be licensed
28 under the provisions of this Chapter.
29 (2) The initial members shall be appointed within thirty days after July 31,
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1 1974, to serve for terms of one, two, three, and four years, as designated by the
2 governor at the time of appointment. Thereafter, the terms of members shall be four
3 years each or until the successor of each member takes office. Chiropractor
4 members of the board shall be licensed under the provisions of this Chapter and
5 shall have been continuously engaged in the practice of chiropractic in this state
6 for at least five years.
7 (3)(a) The consumer member of the board shall be selected from the state
8 at large and shall possess all of the following qualifications:
9 (i) Is a citizen of the United States and has been a resident of Louisiana
10 for at least one year immediately prior to appointment.
11 (ii) Has attained the age of majority.
12 (iii) Has never been licensed by any of the licensing boards identified in
13 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
14 board identified in R.S. 36:259(A).
15 (iv) Has never been convicted of a felony.
16 (v) Does not have and has never had a material financial interest in the
17 healthcare profession.
18 (b) 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 B. Every chiropractor appointed to the board after the initial appointments
23 shall be a licensed chiropractor under the provisions of this Chapter.
24 C. Any vacancy occurring in the membership of the board, except by
25 expiration of the term, shall be filled for the unexpired term in the manner provided
26 in Subsection A of this section.
27 D.C. The governor may remove any member for misconduct, incompetence
28 or neglect of duty, after he has given the member a written statement of the charges
29 against him and has afforded him an opportunity to be heard.
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1 E.D. The governor shall issue each member a certificate of appointment.
2 Within thirty days after the date of his appointment and before commencing the
3 discharge of his duties, each member shall subscribe to the oath for public officials,
4 which shall be deposited with the secretary of state as provided by law.
5 F.E. Each member of the board shall receive compensation fixed by the board
6 at not more than fifty dollars per day for each day in attendance upon its sessions.
7 Each member of the board shall be reimbursed for his actual travel, clerical and
8 incidental expenses necessarily incurred while engaged in the discharge of his
9 official duties. Such compensation and expenses shall be paid out of the moneys
10 monies credited to the board as provided by R.S. 37:2809(B).
11 G.F. A board member's seat shall be recognized as vacant after the member
12 is absent from three consecutive official board meetings without reason if
13 recommended to the governor by a vote of two-thirds of the members of the board
14 to consider the removal of such absent board member from the board.
15 * * *
16 §3061. Board of Electrolysis Examiners
17 A.(1)(a) The State Board of Electrolysis Examiners shall be composed of five
18 members to include three licensed electrologists, one licensed physician, and one
19 consumer member, all to be appointed by the governor to serve at his pleasure.
20 (b) Four members shall be licensed electrologists who have been engaged in
21 the practice of electrology for at least five years prior to their appointment and shall
22 be appointed from a list of names as follows:
23 (i) Two shall be appointed from a list of four names submitted by the
24 Louisiana Electrologist Association.
25 (ii) Two shall be appointed from a list of four names submitted by the
26 Regional Electrologists Association of Louisiana.
27 (c) One member shall be appointed from a list of three physicians licensed
28 to practice medicine in this state recommended by the Louisiana State Medical
29 Society, subject to the provisions of Subparagraph (2)(b) of this Subsection.
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1 (b) The electrologist members shall be licensed under the provisions of
2 this Chapter and shall have been engaged in the practice of electrology for at
3 least five years prior to appointment and shall be residents of this state.
4 (c)(i) The consumer member shall be selected from the state at large. The
5 consumer member of the board shall possess all of the following qualifications:
6 (aa) 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 (bb) Has attained the age of majority.
9 (cc) Has never been licensed by any of the licensing boards identified in
10 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
11 board identified in R.S. 36:259(A).
12 (dd) Has never been convicted of a felony.
13 (ee) Does not have and has never had a material financial interest in the
14 healthcare profession.
15 (ii) 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 (2)(a) 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 governor shall ensure that
24 his appointments demonstrate race, gender, ethnic, and geographical diversity.
25 The consumer member may also apply directly to the office of the governor If
26 the governor determines that the nominees of the Louisiana Electrologist
27 Association, the Regional Electrologists Association of Louisiana, or of the
28 Louisiana State Medical Society are not suitable, he may decline to appoint from the
29 list submitted and shall call upon the association or the society to nominate an
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1 additional list of persons.
2 (b) He may repeat such call until a list containing a qualified person or
3 persons meeting his approval is submitted. If the Louisiana State Medical Society
4 does not submit a list of physicians to the governor within thirty days of any such
5 request, the governor may appoint an additional nominee of either the Louisiana
6 Electrologist Association or the Regional Electrologists Association of Louisiana in
7 lieu of the licensed physician.
8 (c) Each appointment by the governor shall be submitted to the Senate for
9 confirmation.
10 (3) Members serving on the board shall remain in office until their successors
11 are appointed and take office.
12 (4) Members of the board shall be residents of this state.
13 * * *
14 §3084. Louisiana State Board of Examiners in Dietetics and Nutrition; membership,
15 terms, and vacancies; officers; meetings; quorum; compensation
16 A. The Louisiana State Board of Examiners in Dietetics and Nutrition,
17 hereinafter referred to as the "board", is hereby created within the Louisiana
18 Department of Health, subject to the provisions of R.S. 36:803.
19 B.(1) The board shall be composed of the following seven members to
20 include four licensed dietitians or nutritionists, one licensed registered nurse,
21 one licensed physician, and one consumer member, all appointed by the governor
22 and subject to Senate confirmation:.
23 (a) Four shall be licensed dietitians/nutritionists selected from a list submitted
24 by the Louisiana Dietetic Association.
25 (b) One shall be a licensed registered nurse selected from a list of names
26 submitted by the Louisiana State Nurses Association.
27 (c) One shall be a person with a baccalaureate or higher degree from a
28 regionally accredited college or university with a major course of study in human
29 nutrition, food and nutrition, dietetics, or food systems management selected from
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1 a list of names submitted by the Louisiana Commissioner of Agriculture and
2 Forestry.
3 (d) One shall be a licensed physician selected from a list of names submitted
4 by the Louisiana State Medical Society.
5 (2) The initial members of the board shall be appointed by the governor not
6 later than sixty days after the effective date of this Chapter from lists of names
7 submitted by the designated associations not later than thirty days after the effective
8 date of this Chapter. Within not less than thirty days prior to the expiration of
9 each member's term, the board shall submit to the governor a list of the names
10 of 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 governor shall ensure that
13 his appointments demonstrate race, gender, ethnic, and geographical diversity.
14 The consumer member may also apply directly to the office of the governor.
15 C.(1) Board members who are dietitians or nutritionists shall be residents
16 of the state who have been actively practicing an unrestricted license to practice
17 in the field of dietetics/nutrition dietetics or nutrition or a related field for not less
18 than five years. Board The registered nurse and physician board members shall
19 have an unrestricted license to practice their respective professions, where
20 applicable. The registered dietitians/nutritionists initially appointed to the board must
21 be eligible for licensure pursuant to the provisions of this Chapter; thereafter,
22 dietitians/nutritionists appointed to the board must be licensed pursuant to the
23 provisions of this Chapter.
24 (2)(a) The consumer member of the board shall possess all of the
25 following qualifications:
26 (i) 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 (ii) Has attained the age of majority.
29 (iii) Has never been licensed by any of the licensing boards identified in
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1 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
2 board identified in R.S. 36:259(A).
3 (iv) Has never been convicted of a felony.
4 (v) Does not have and has never had a material financial interest in the
5 healthcare profession.
6 (b) 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 D. Two of the dietitian/nutritionist members of the board shall be appointed
11 for initial terms of two years and two of the dietitian/nutritionist members for three
12 years, as designated by the governor at the time of the appointment. The nursing
13 member, the member appointed from names submitted by the commissioner of
14 Agriculture and Forestry, and the physician each shall be appointed for an initial
15 term of one year. Thereafter, each Each member shall be appointed for a term of
16 three years.
17 E. A vacancy in the membership of the board shall be filled for the unexpired
18 term in the same manner as the original appointment.
19 * * *
20 G. Within thirty days after the appointment of its initial members, the board
21 shall hold a meeting for the purpose of organization and shall elect from its
22 membership a chairman, a vice chairman, and a secretary-treasurer. Officers A
23 chairman, vice chairman, and secretary-treasurer shall be elected annually for
24 terms of one year, or until the successor of each is elected. Thereafter, the board shall
25 annually and in like manner elect its officers.
26 H.G. The board shall hold regular meetings at least twice in each year for the
27 purpose of considering applicants and at any other time the board or its chairman
28 deems necessary, at a time and place designated by the chairman. Special meetings
29 may be called by the chairman upon giving at least seventy-two hours' notice thereof
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1 by registered or certified mail to the post office address of each member of the board
2 and of persons who previously have indicated that they have business before the
3 board.
4 I.H. Four members of the board shall constitute a quorum for the transaction
5 of any and all business at any regular or special meeting.
6 J.I. Members of the board shall serve in their capacity as board members
7 without compensation but shall be reimbursed for necessary expenses incurred while
8 engaged on board business. Reimbursement for expenses shall be paid out of the
9 monies credited the board as provided by R.S. 37:3089.
10 K.J. This board shall be financially self-sufficient. It shall receive no state
11 funds through appropriation or otherwise and shall not expend any such state funds.
12 No state funds shall be expended or committed to expenditure for the group benefits
13 program or any other health insurance or employee benefit program, for any
14 retirement system, for any salary, per diem payment, travel or expenses, office
15 supplies and materials, rent, purchase of any product or service, or for any other
16 purpose.
17 * * *
18 §3201. Radiologic Technology Board of Examiners; method of appointment;
19 qualifications of members
20 A. There is hereby created within the Louisiana Department of Health the
21 Radiologic Technology Board of Examiners which shall carry out the purposes and
22 enforce the provisions of this Chapter, subject to the provisions of R.S. 36:803.
23 B.(1) The board shall consist of eleven members to include four radiologic
24 technologists, three radiologists, three hospital administrators, and one
25 consumer member, to be appointed by the governor of whom: and confirmed by
26 the Senate. Within not less than thirty days prior to the expiration of each
27 member's term, the board shall submit to the governor a list of the names of
28 interested and qualified individuals for each respective category of board
29 member identified through notice to all individuals licensed by the board, from
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1 which the governor shall make his appointment. The governor shall ensure that
2 his appointments demonstrate race, gender, ethnic, and geographical diversity.
3 The consumer member may also apply directly to the office of the governor.
4 (a) Four shall be radiologic technologists selected from a list submitted by
5 the Louisiana Society of Radiologic Technologists.
6 (b) Three shall be hospital administrators, each of whom shall be currently
7 employed by a hospital, selected from a list of nine names submitted by the
8 Louisiana Hospital Association.
9 (c) Three shall be radiologists selected from a list of nine names submitted
10 by the Louisiana State Medical Society; and
11 (d) One shall be a radiological physicist.
12 (2) Each appointment by the governor shall be submitted to the Senate for
13 confirmation.
14 C. Board Radiological members of the board shall be licensed pursuant
15 to the provisions of this Chapter and shall be residents of the state who have been
16 actively practicing in their fields for not less than five years.
17 (3)(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) Has never been licensed by any of the licensing boards identified in
23 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
24 board identified in R.S. 36:259(A).
25 (iv) Has never been convicted of a felony.
26 (v) Does not have and has never had a material financial interest in the
27 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 D. The radiologic technologists initially appointed to the board must be
4 eligible for licensure pursuant to the provisions of this Chapter; thereafter, radiologic
5 technologists appointed to the board must be licensed pursuant to the provisions of
6 this Chapter.
7 E.C. Each hospital administrator appointed to the board pursuant to
8 Subsection B of this Section shall remain employed by a hospital for the duration of
9 his membership on the board. Any hospital administrator who ceases to be employed
10 by a hospital shall be ineligible to serve on the board and shall immediately resign
11 therefrom. If such member fails to resign, the board shall, at its next meeting, remove
12 such member by a vote of a majority of its members.
13 * * *
14 §3389. Transition; Addictive Disorder Regulatory Authority
15 A.(1) The regulation of addictive disorder treatment and prevention
16 professionals has been undertaken both through a board appointed by the governor
17 and through an office within the Louisiana Department of Health. In Louisiana, the
18 practice of most health care professions is licensed and regulated by appointed
19 boards placed within the Louisiana Department of Health. Therefore, the legislature
20 hereby finds it appropriate that the responsibility and authority to regulate the
21 practice of addictive disorder treatment and prevention be exercised by a licensing
22 board created for that purpose.
23 B. The Addictive Disorder Regulatory Authority (ADRA) is hereby created
24 within the Louisiana Department of Health to exercise all regulatory jurisdiction
25 over the credentialing and practice of addiction counselors and prevention
26 professionals, persons holding specialty certifications issued by the board,
27 paraprofessionals authorized by this Chapter, and those in training to become
28 addiction counselors and prevention professionals. The ADRA shall be governed
29 by a board of directors, hereinafter referred to as the "board", consisting of seven
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1 voting members and one nonvoting member, all of whom shall be appointed by the
2 governor, subject to Senate confirmation, as follows:. Board members shall include
3 three addiction counselors, two prevention professionals, one compulsive
4 gambling counselor, and one consumer member.
5 (2) Within not less than thirty days prior to the expiration of each
6 member's term, the board shall submit to the governor a list of the names of
7 interested and qualified individuals for each respective category of board
8 member identified through notice to all individuals licensed by the board, from
9 which the governor shall make his appointment. The governor shall ensure that
10 his appointments demonstrate race, gender, ethnic, and geographical diversity.
11 The consumer member may also apply directly to the office of the governor.
12 (3)(a) The consumer member shall be selected from the state at large.
13 The consumer member of the board shall possess all of the following
14 qualifications:
15 (i) Is a citizen of the United States and has been a resident of Louisiana
16 for at least one year immediately prior to appointment.
17 (ii) Has attained the age of majority.
18 (iii) Has never been licensed by any of the licensing boards identified in
19 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
20 board identified in R.S. 36:259(A).
21 (iv) Has never been convicted of a felony.
22 (v) Does not have and has never had a material financial interest in the
23 healthcare profession.
24 (b) The consumer member shall be a full voting member of the board
25 with all rights and privileges conferred on board members, except that the
26 consumer member shall not participate in the grading of individual
27 examinations.
28 (1) One nonvoting member who possesses significant knowledge in the area
29 of addiction from a list of three names submitted by the Louisiana State Medical
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1 Society.
2 (2) One voting member who possesses significant experience and knowledge
3 in the area of compulsive gambling from a list of three names submitted by the
4 Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
5 (3) One voting member who possesses significant experience and knowledge
6 in the area of prevention from a list of three names submitted by the Louisiana
7 Association of Substance Abuse Counselors and Trainers, Inc.
8 (4) One voting member who possesses significant experience and knowledge
9 in the area of opiate replacement therapy from a list of three names submitted by the
10 Louisiana Association of Substance Abuse Counselors and Trainers, Inc.
11 (5) Four voting members from a list of twelve names divided into four groups
12 of three names each submitted by the Louisiana Association of Substance Abuse
13 Counselors and Trainers, Inc.
14 C.B. Members of the board shall serve three-year terms except that in making
15 the initial appointments, the governor shall appoint two voting members for a one-
16 year term, three voting members for a two-year term, and two voting members for
17 a three-year term. The nonvoting member shall serve an initial term of three years.
18 Members appointed to fill vacancies caused by death, resignation, or removal shall
19 serve the unexpired terms of their predecessors.
20 D. The nominees shall be submitted to the governor on or before September
21 1, 2006. The governor shall select the individuals to serve on the board on or before
22 October 15, 2006. The individuals so selected shall serve as the advisory committee
23 for the ADRA until July 1, 2007, at which time they shall begin to serve and function
24 as the board of directors for the ADRA. The terms of office described in this
25 Subsection shall commence on July 1, 2007.
26 E.C. Members of the board shall elect a chairman and such other officers as
27 it deems necessary to carry out the duties and functions of the board. The ADRA
28 may employ persons necessary to carry out the provisions of this Chapter and may
29 fix their compensation. The ADRA shall employ at least three persons: an executive
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1 director, an assistant director, and an administrative assistant. The Louisiana
2 Department of Health, office of behavioral health, shall be responsible for providing
3 staff for the ADRA until June 30, 2009. From July 1, 2009, and thereafter the board
4 of the ADRA shall resume full responsibility for providing staff for the ADRA.
5 Employees of the board shall be eligible to participate in the state group benefits plan
6 and in the state retirement system.
7 F.D. A majority of the voting members of the board shall constitute a quorum
8 for the transaction of all business.
9 G. It is the intent of the legislature that the board exercise all regulatory
10 jurisdiction over the credentialing and practice of addiction counselors and
11 prevention professionals, persons holding specialty certifications issued by the board,
12 paraprofessionals authorized by this Chapter, and those in training to become
13 addiction counselors and prevention professionals.
14 * * *
15 §3444. Louisiana Licensed Professional Vocational Rehabilitation Counselors Board
16 of Examiners
17 A.(1) There is hereby created in the Louisiana Department of Health the
18 Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of
19 Examiners, hereafter referred to as the "board", consisting of five members, who
20 shall be residents of the state of Louisiana. The members shall be appointed by the
21 governor from a list of qualified candidates supplied by the Louisiana Association
22 of Rehabilitation Professionals, as specified in this Section within sixty days after
23 July 14, 1988 to serve the following terms: one member for a term of two years, two
24 members for terms of three years, and two members for terms of four years board.
25 Thereafter, each Each term shall be for four years. Each appointment by the
26 governor shall be submitted to the Senate for confirmation.
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 governor shall ensure that
3 his appointments demonstrate race, gender, ethnic, and geographical diversity.
4 The consumer member may also apply directly to the office of the governor.
5 B.(1) The membership of the board shall consist of three licensed
6 professional vocational rehabilitation counselors and two individuals consumers
7 from the public at large. The original professional membership of the board shall be
8 qualified to be licensed under this Chapter, except that the initial professional
9 members shall be persons who have rendered rehabilitation counseling for at least
10 three years. Within thirty days after July 14, 1988, the executive committee of the
11 Louisiana Association for Rehabilitation Professionals shall submit to the governor
12 a list of qualified candidates for the board. The board shall perform such duties and
13 exercise such powers as this Chapter prescribes and confers upon it. No member of
14 the board shall be individually liable for any act or omission resulting in damage or
15 injury arising out of the exercise of his judgment in the formation and
16 implementation of policy while acting as a member of the board, provided he was
17 acting in good faith and within the scope of his official functions and duties, unless
18 the damage or injury was caused by his willful or wanton misconduct.
19 (2)(a)The consumer members shall be selected from the state at large
20 and shall possess all of the following qualifications:
21 (i) Is a citizen of the United States and has been a resident of Louisiana
22 for at least one year immediately prior to appointment.
23 (ii) Has attained the age of majority.
24 (iii) Has never been licensed by any of the licensing boards identified in
25 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
26 board identified in R.S. 36:259(A).
27 (iv) Has never been convicted of a felony.
28 (v) Does not have and has never had a material financial interest in the
29 healthcare profession.
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1 (b) The consumer members shall be full voting members of the board
2 with all rights and privileges conferred on board members, except that the
3 consumer members shall not participate in the grading of individual
4 examinations.
5 C. No board member shall serve more than two full consecutive terms.
6 Subsequent appointments to the board shall be made in the manner of the original
7 appointments, including the submission of a list of qualified candidates by the
8 executive committee of the Louisiana Association for Rehabilitation Professionals
9 board. Any board member may be removed by the governor or majority vote of the
10 board, after notice and hearing, for incompetence, neglect of duty, malfeasance in
11 office, or moral turpitude. Any vacancy occurring in board membership, other than
12 by expiration of term, shall be filled for the remainder of the unexpired term by the
13 governor within thirty days from a list of qualified candidates supplied by the
14 Louisiana Association for Rehabilitation Professionals board.
15 * * *
16 §3463. Board; appointments; terms; removal; compensation; officers
17 A. The Louisiana Board of Drug and Device Distributors is hereby created
18 within the Louisiana Department of Health and is subject to the provisions of R.S.
19 36:803. The board shall administer the provisions of this Chapter. It shall be
20 composed of eight members, five four of whom shall be licensed distributors, two
21 of whom shall be actively engaged in the pharmaceutical manufacturing industry,
22 and one of whom shall be actively engaged in the medical device industry, and one
23 consumer. Each member shall be appointed by the governor, subject to Senate
24 confirmation.
25 B.(1) Within not less than thirty days prior to the expiration of each
26 member's term, the board shall submit to the governor a list of the names of
27 interested and qualified individuals for each respective category of board
28 member identified through notice to all individuals licensed by the board, from
29 which the governor shall make his appointment. The governor shall ensure that
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1 his appointments demonstrate race, gender, ethnic, and geographical diversity.
2 The consumer member may also apply directly to the office of the governor. The
3 governor shall appoint, subject to Senate confirmation, members to the board from
4 a list containing the names of five persons, submitted by the Louisiana Association
5 of Wholesale Drug Distributors and from a list containing the names of two persons,
6 submitted by the Pharmaceutical Research and Manufacturers of America. In the
7 event of the death or resignation of any member of the board, the governor shall
8 appoint his successor in the manner of the original appointment for the remainder of
9 the unexpired term.
10 (2)(a) The consumer member shall be selected from the state at large and
11 appointed by the governor, subject to confirmation by the Senate. The
12 consumer member of the board shall possess all 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) Has never been licensed by any of the licensing boards identified in
17 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
18 board identified in R.S. 36:259(A).
19 (iv) Has never been convicted of a felony.
20 (v) Does not have and has never had a material financial interest in the
21 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 * * *
27 E. The presidents of the Pharmaceutical Research and Manufacturers of
28 America and the Louisiana Association of Wholesale Drug Distributors board shall
29 submit the nominations within sixty days after receipt of notice of death, resignation,
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1 or removal of a member of the board and at least thirty days prior to the expiration
2 of the term of a member of the board.
3 * * *
4 §3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,
5 terms, vacancies, officers, meetings, reimbursement, liability
6 A.(1) The Louisiana Board of Massage Therapy is hereby created within the
7 Louisiana Department of Health subject to the provisions of R.S. 36:803. It shall
8 be composed of seven members appointed by the governor. Five of the members
9 shall be appointed from a list of nominees submitted to the governor by professional
10 massage therapy and bodywork associations. From the list of association nominees,
11 three of the persons appointed shall be licensed massage therapists. Two lay
12 members shall be appointed from the list of nominees, both of whom shall be
13 consumers who have never been nor are currently a licensed massage therapist in the
14 state.) Two additional licensed massage therapists shall be appointed to the board
15 from a general list of names which are submitted for consideration by other
16 interested sources or individuals. to include five licensed massage therapists and
17 two consumers. Appointments shall be made by the governor, subject to Senate
18 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 governor shall ensure that
24 his appointments demonstrate race, gender, ethnic, and geographical diversity.
25 The consumer member may also apply directly to the office of the governor.
26 (2) (3)(a) All massage therapists appointed to the board by the governor shall
27 be licensed and in good standing under this Chapter. The appointees shall have
28 practiced massage therapy for at least three years.
29 (b)(i) The consumer members shall be selected from the state at large.
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1 The consumer members of the board shall possess all of the following
2 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) Has never been licensed by any of the licensing boards identified in
7 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
8 board identified in R.S. 36:259(A).
9 (dd) Has never been convicted of a felony.
10 (ee) Does not have and has never had a material financial interest in the
11 healthcare profession.
12 (ii) The consumer members shall be full voting members of the board
13 with all rights and privileges conferred on board members, except that the
14 consumer members shall not participate in the grading of individual
15 examinations.
16 B. All members of the board shall serve two-year terms. No member shall
17 serve more than three consecutive terms. For the purposes of staggering the board
18 member terms, the governor shall appoint to the board three massage therapists and
19 one lay member in odd-numbered years and two massage therapists and one lay
20 member in even-numbered years.
21 * * *
22 §3703. Louisiana Behavior Analyst Board
23 * * *
24 B.(1) The board shall consist of five be comprised of seven members to
25 include six behavior analysts and one consumer member who shall be appointed
26 by the governor from a list of nominees submitted by the Louisiana Behavior
27 Analysis Association board, and who shall be confirmed by the Senate.
28 (2) The five behavior analysts shall become licensed once this Chapter
29 becomes effective. (a) The consumer member of the board shall possess all of the
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1 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) Has never been licensed by any of the licensing boards identified in
6 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
7 board identified in R.S. 36:259(A).
8 (iv) Has never been convicted of a felony.
9 (v) Does not have and has never had a material financial interest in the
10 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 (3) Within not less than thirty days prior to the expiration of each
16 member's term, the board shall submit to the governor a list of the names of
17 interested and qualified individuals for each respective category of board
18 member identified through notice to all individuals licensed by the board, from
19 which the governor shall make his appointment. The governor shall ensure that
20 his appointments demonstrate race, gender, ethnic, and geographical diversity.
21 The consumer member may also apply directly to the office of the governor.
22 Members of the board shall serve at the pleasure of the governor. A vacancy in an
23 unexpired term shall be filled in the manner of the original appointment.
24 (4)(a) The first two appointments to the initial board shall each serve a term
25 of four years, and such positions on the board shall be four-year terms.
26 (b)The third and fourth appointments to the initial board shall each serve a
27 term of three years, and such positions on the board shall be three-year terms.
28 (c) The fifth appointment to the initial board shall serve a term of five years,
29 and such position on the board shall be a five-year term.
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1 (5) If there is a vacancy, the appointment to complete the term shall follow
2 the same process to appoint members to the board.
3 (6) No member of the board shall serve more than two consecutive complete
4 terms on the board.
5 (7) The State Board of Examiners of Psychologists shall appoint a member
6 to serve as an ex officio, nonvoting member of the board.
7 C. The board shall convene its first meeting no later than October 1, 2013.
8 At this meeting Annually, the board shall elect from among its membership a
9 chairman and vice chairman.
10 D. A majority of the members of the board shall constitute a quorum for the
11 transaction of all business. The ex officio member shall not be considered for the
12 purpose of establishing a quorum.
13 * * *
14 Section 3. R.S. 37:3061(A)(3) and (4) and R.S. 40:5.11(C), (D), (E), and (F) are
15 hereby repealed.
The original instrument was prepared by Christine Arbo Peck. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Laura Gail Sullivan.
DIGEST
SB 40 Reengrossed 2018 Regular Session Mills
Proposed law updates the transfer of agencies to the Louisiana Department of Health (LDH)
provisions to remove repealed and obsolete citations and references and categorizes those
entities statutorily created within the department.
Present law transfers and places the Board of Veterinary Medicine in the Louisiana
Department of Health. Proposed law transfers the Board of Veterinary Medicine from the
Louisiana Department of Health to the Department of Agriculture and Forestry.
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.
Proposed law provides that the governor shall ensure that his appointments demonstrate race,
gender, ethnic, and geographical diversity.
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
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submit the names of those interested and eligible to serve to the governor for board
appointment.
Proposed law increases the number of board members for the Louisiana State Board of
Examiners of Psychologists from five to six. Proposed law increases the number of board
members for the Louisiana Behavior Analyst Board from five to seven.
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(A)(2) and (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), 1172(A), 1174(B), 1263(C), 1515(A)(1), 2102,
2353(A)(1), (2) and (3), 2359(B)(intro para), 2403(B), 2455(B)(1), (3), (4) and (5), 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. 36:629(S) and 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Makes technical amendments.
2. Adds a provision requiring the governor to ensure race, gender, ethnic, and
geographical diversity in his appointments to health profession licensing
boards.
3. Increases the number of board members for the Louisiana State Board of
Examiners of Psychologists from five to six.
4. Increases the number of board members for the Louisiana Behavior Analyst
Board from five to seven.
5. Removes the radiological physicist appointee and restores a hospital
administrator appointee to the Louisiana State Radiologic Technology Board
of Examiners.
6. Restores nominating entities for appointments to the Louisiana State Board
of Medical Examiners.
Senate Floor Amendments to engrossed bill
1. Make technical changes.
2. Removes the Board of Examiners for Nursing Facility Administrators.
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