2018 Regular Session ENROLLED
SENATE BILL NO. 40
BY SENATOR MILLS
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), 915, 916(B),
4 962(B) and (C), 1042, 1104(A) and (B)(1), 1172(A), 1174(B), 1263(C), 1515(A)(1),
5 2102, 2353(A)(1), (2), and (3), the introductory paragraph of 2359(B), the
6 introductory paragraph of 2403(B), 2455(B)(1), (4), and (5), 2654(A), the
7 introductory paragraph of 2704(A), (A)(5), (B), and (C), 2802, 3061(A)(1)(a) and
8 (2)(c), 3084(A), the introductory paragraph of (B)(1), (B)(2), (C), (D), and (G),
9 3201(B)(1)(d) and (2), (C), and (D), the introductory paragraph of 3389(B), (B)(5),
10 (C), (E), and (G), 3444(A) through (C), 3463(A) and (B), 3554(A) and (B), and
11 3703(B), (C), and (D), and the heading of R.S. 40:5.11, to enact R.S. 36:629(S) and
12 R.S. 37:23.1, 753(C)(5), 914(B)(3), 962(D), 2403(B)(6), (G), and (H), 3061(A)(1)(d)
13 and (D), 3084(B)(1)(e), and 3389(B)(6), and to repeal R.S. 37:3389(A) and (D) and
14 R.S. 40:5.11(C) through (F), relative to the health profession licensing boards created
15 within the Louisiana Department of Health; to provide for consumer membership on
16 each of the boards; to provide for consumer member qualifications; to provide for
17 the rights of the consumer member; to provide for the transfer of the Board of
18 Veterinary Medicine to the Louisiana Department of Agriculture and Forestry; to
19 provide for technical corrections; and to provide for related matters.
20 Be it enacted by the Legislature of Louisiana:
21 Section 1. R.S. 36:259, 801.1(A), the introductory paragraph of 802, and 803(A)(1)
22 are hereby amended and reenacted and R.S. 36:629(S) is hereby enacted to read as follows:
23 §259. Transfer of agencies and functions to Louisiana Department of Health
24 C. The following agencies, as defined by R.S. 36:3, are transferred to and
25 hereafter shall be within the Louisiana Department of Health, as provided in Part II
26 of Chapter 22 of this Title:
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1 (1) Greenwell Springs Hospital (Greenwell Springs)
2 (9) Southeast Louisiana State Hospital (Mandeville)
3 (10) Eastern Louisiana Mental Health System (Jackson)
4 (11) Jonesboro Charity Hospital (Jonesboro)
5 (12) Central Louisiana State Hospital (Pineville)
6 (13) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(1); R.S.
7 28:451.4)
8 (14) North Lake Supports and Services Center (R.S. 28:22.8(A)(9))
9 (16) The behavioral health facilities located in New Orleans, Baton Rouge,
10 Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,
11 Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa, Pineville,
12 Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine, Raceland,
13 Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah, Columbia, Oakdale,
14 and any other state-owned or state-operated facilities as may be hereinafter
15 established ( R.S. 28:22.5)
16 (21) Northwest Supports and Services Center (R.S. 28:22.8(A)(6))
17 (23) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S.
18 40:2142).
19 D. The following agencies, as defined in R.S. 36:3, are placed within the
20 Louisiana Department of Health and shall perform and exercise their powers, duties,
21 functions, and responsibilities as otherwise provided by law:
22 (1) Louisiana state office of rural health (R.S. 40:2195.1)
23 (3) Louisiana State Child Death Review Panel (R.S. 40:2019)
24 (4) Marriage and Family Therapy Advisory Committee (R.S. 37:1104)
25 (Established by the Louisiana Licensed Professional Counselors Board of
26 Examiners).
27 (5) Nursing Home Emergency Preparedness Review Committee (R.S.
28 40:2009.25)
29 (6) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.)
30 (7) Louisiana Birth Defects Surveillance System Advisory Board (R.S.
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1 40:31.41 et seq.)
2 (8) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et seq.)
3 (9) Health Data Panel (R.S. 40:1173.1 et seq.)
4 (10) The Louisiana Standards for Water Works Construction, Operation, and
5 Maintenance Committee (R.S. 40:4.13).
6 E. The following agencies, as defined in R.S. 36:3, are transferred to and
7 hereafter shall be within the Louisiana Department of Health, as provided in R.S.
8 36:803:
9 (1) Louisiana State Board of Nursing (R.S. 37:911 et seq.)
10 (2) Louisiana State Board of Dentistry ( R.S. 37:751 et seq.)
11 (3) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et seq.)
12 (4) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et seq.)
13 (5) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101 et seq.)
14 (6) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et seq.)
15 (7) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.)
16 (8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S. 37:611
17 et seq.; R.S. 37:1261 et seq.)
18 (9) Louisiana State Board of Embalmers and Funeral Directors (R.S. 37:831
19 et seq.)
20 (10) State Board of Examiners of Psychologists (R.S. 37:2351 et seq.)
21 (11) Louisiana Board of Examiners for Speech-Language Pathology and
22 Audiology (R.S. 37:2650 et seq.)
23 (12) Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.)
24 (13) Board of Examiners for Nursing Facility Administrators (R.S. 37:2501
25 et seq.)
26 (14) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et seq.)
27 (16) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.)
28 (17) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.)
29 (20) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.)
30 (21) The Louisiana Licensed Professional Vocational Rehabilitation
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1 Counselors Board of Examiners (R.S. 37:3441 et seq.)
2 (23) The Addictive Disorder Regulatory Authority (R.S. 37:3389).
3 (25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.)
4 F. The following agencies, as defined in R.S. 36:3, previously abolished by
5 the Executive Reorganization Act, and their powers, duties, functions, and
6 responsibilities are transferred to the secretary of the Louisiana Department of Health
7 and shall be exercised and performed as provided in Part IV of Chapter 22 of this
8 Title:
9 (1) Louisiana Health and Human Resources Administration (R.S. 46:1751-
10 46:1767, and generally Chapters 1 and 11 of Title 40 and all of Title 46 of the
11 Louisiana Revised Statutes of 1950, except R.S. 46:1601-46:1608) to the extent that
12 the cited provisions provide with respect to agencies or functions placed in or
13 transferred to the Louisiana Department of Health.
14 (9) Louisiana State Board of Health and the Louisiana Department of Health
15 and all its subsidiary boards (Such provisions of Title 40 of the Louisiana Revised
16 Statutes of 1950 as are applicable to the abolished board and department)
17 (10) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et seq.)
18 (16) Anatomical Board (R.S. 17:2271 et seq.)
19 (18) Board of Commissioners of the South Louisiana Health Services District
20 (R.S. 28:241 et seq.)
21 (20) Nursing Home Advisory Committee (R.S. 40:2009.1)
22 (21) Hospital Licensing Council (R.S. 40:2108)
23 G. The State Board of Electrolysis Examiners (R.S. 37:3051 et seq.) is placed
24 within the Louisiana Department of Health and shall exercise and perform its
25 powers, duties, functions, and responsibilities in the manner provided for agencies
26 transferred in accordance with the provisions of R.S. 36:803.
27 H. The Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et
28 seq.) is placed within the Louisiana Department of Health and shall exercise and
29 perform its powers, duties, functions, and responsibilities in the manner provided for
30 agencies transferred in accordance with the provisions of R.S. 36:802.
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1 I. The following agencies, as defined in R.S. 36:3, are placed within the
2 Louisiana Department of Health and shall exercise and perform their powers, duties,
3 functions, and responsibilities in the manner provided for agencies transferred in
4 accordance with the provisions of R.S. 36:802:
5 (3) Commission on Perinatal Care and Prevention of Infant Mortality (R.S.
6 40:2018)
7 (5) Water Supply and Sewerage Systems Certification Committee (R.S.
8 40:1281.1 et seq.)
9 J.(1) The Louisiana Emergency Response Network Board (R.S. 40:2841 et
10 seq.) is placed within the Louisiana Department of Health and shall exercise and
11 perform its powers, duties, functions, and responsibilities in the manner provided for
12 agencies transferred in accordance with R.S. 36:801.1.
13 (2) The Louisiana Emergency Response Network Board shall be a separate
14 budget unit within the Louisiana Department of Health.
15 K. The Medicaid Pharmaceutical and Therapeutics Committee (R.S.
16 46:153.3) is placed within the Louisiana Department of Health and shall perform and
17 exercise its powers, duties, functions, and responsibilities as provided by law.
18 L.(1) The Louisiana Developmental Disabilities Council (R.S. 28:750 et seq.)
19 is placed within the Louisiana Department of Health and shall exercise and perform
20 its powers, duties, functions, and responsibilities in the manner provided for agencies
21 transferred in accordance with the provisions of R.S. 36:801.1. The council shall
22 have full appointing authority for all personnel purposes.
23 (2) The regional and state advisory councils for the community and family
24 support system (R.S. 28:824(J)) are placed within the Louisiana Department of
25 Health and shall exercise and perform their powers, duties, functions, and
26 responsibilities as provided by or pursuant to law.
27 M. Repealed by Acts 2013, No. 184, §2(B), eff. August 1, 2013.
28 N. The advisory council for the program of early identification of deaf or
29 hard of hearing infants (R.S. 46:2261 et seq.) is placed within the Louisiana
30 Department of Health and shall exercise and perform its powers, duties, functions,
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1 and responsibilities as provided by or pursuant to law.
2 O. The Louisiana Commission on Addictive Disorders (R.S. 46:2500 et seq.)
3 is placed within the Louisiana Department of Health and shall exercise and perform
4 its powers, duties, functions, and responsibilities in the manner provided for agencies
5 transferred in accordance with the provisions of R.S. 36:914.
6 P. The Physician Assistants Advisory Committee (R.S. 37:1270.1) is placed
7 within the Louisiana Department of Health and shall exercise and perform its
8 powers, duties, functions, and responsibilities in the manner provided for agencies
9 transferred in accordance with the provisions of R.S. 36:914.
10 Q. The Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.
11 37:3081 et seq.) is placed within the Louisiana Department of Health and shall
12 exercise and perform its powers, duties, functions, and responsibilities in the manner
13 provided for agencies transferred in accordance with R.S. 36:803.
14 S. The Louisiana Commission for the Deaf (R.S. 46:2351 et seq.) is hereby
15 placed within the Louisiana Department of Health and shall perform and exercise its
16 powers, duties, functions, and responsibilities as provided for agencies transferred
17 as provided in R.S. 36:802.
18 T. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board
19 (R.S. 46:2631 et seq.) is hereby placed within the Louisiana Department of Health
20 and shall exercise and perform its powers, duties, functions, and responsibilities in
21 the manner provided for agencies transferred in accordance with the provisions of
22 R.S. 36:901 et seq.
23 U. The Louisiana Access to Better Care Medicaid Insurance Demonstration
24 Project Oversight Board ( R.S. 46:160.1 et seq.) is placed within the Louisiana
25 Department of Health and shall exercise and perform its powers, duties, functions,
26 and responsibilities in the manner provided for agencies transferred in accordance
27 with the provisions of Part III of Chapter 22 of this Title.
28 W. The Louisiana Board of Drug and Device Distributors (R.S. 37:3461 et
29 seq. shall be placed within the Louisiana Department of Health and shall exercise
30 and perform its powers, duties, functions, and responsibilities in the manner provided
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1 for agencies transferred in accordance with the provisions of R.S. 36:803.
2 BB. The following agencies, as defined in R.S. 36:3, are placed within the
3 Louisiana Department of Health and shall perform and exercise their powers, duties,
4 functions, and responsibilities in the manner provided for agencies transferred in
5 accordance with the provisions of R.S. 36:914:
6 (1) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.)
7 (2) The Louisiana Advisory Committee on Populations and Geographic
8 Regions With Excessive Cancer Rates (R.S. 40:1105.12).
9 (3) The Fluoridation Advisory Board (R.S. 40:5.11(C)-(F)).
10 CC. The Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.) is
11 placed within the Louisiana Department of Health and shall exercise and perform its
12 powers, duties, functions, and responsibilities in the manner provided for agencies
13 transferred in accordance with R.S. 36:803.
14 DD. The Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.) is
15 placed within the Louisiana Department of Health under the jurisdiction of the
16 Louisiana State Board of Medical Examiners and shall perform and exercise its
17 powers, duties, functions, and responsibilities in the manner provided for agencies
18 transferred in accordance with R.S. 36:919.2.
19 EE. The Louisiana Licensed Professional Counselors Board of Examiners
20 (R.S. 37:1101 et seq.) is hereby placed within the Louisiana Department of Health
21 and shall perform and exercise its powers, duties, functions, and responsibilities in
22 the manner provided for agencies transferred in accordance with the provisions of
23 R.S. 36:803.
24 FF. The Medical Education Commission (R.S. 17:1519.12) is placed within
25 the Louisiana Department of Health and shall exercise and perform its powers,
26 duties, functions, and responsibilities in the manner provided for agencies transferred
27 in accordance with the provisions of Part III of Chapter 22 of this Title.
28 GG. The Louisiana Emergency Medical Services Certification Commission
29 ( R.S. 40:1131 et seq.) is placed within the Louisiana Department of Health and shall
30 perform and exercise its powers, duties, functions, and responsibilities in the manner
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1 provided for agencies transferred in accordance with R.S. 36:919.4.
2 MM. The Louisiana Medical Disclosure Panel (R.S. 40:1157.2) is placed
3 within the Louisiana Department of Health and shall exercise and perform its
4 powers, duties, functions, and responsibilities in the manner provided for agencies
5 transferred in accordance with the provisions of R.S. 36:802.
6 NN. The Louisiana Sickle Cell Commission (R.S. 40:2018.3) is placed within
7 the Louisiana Department of Health and shall exercise and perform its powers,
8 duties, functions, and responsibilities as provided by or pursuant to law.
9 OO. The Louisiana Obesity Prevention and Management Commission (R.S.
10 40:2018.4) is placed within the Louisiana Department of Health and shall exercise
11 and perform its powers, duties, functions, and responsibilities as provided by or
12 pursuant to law.
13 A. The following agencies, as defined in R.S. 36:3, are transferred to and
14 hereafter shall be within the Louisiana Department of Health, as provided in
15 R.S. 36:803:
16 (1) Louisiana State Board of Dentistry (R.S. 37:751 et seq.).
17 (2) Louisiana State Board of Embalmers and Funeral Directors (R.S.
18 37:831 et seq.).
19 (3) Louisiana State Board of Nursing (R.S. 37:911 et seq.).
20 (4) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et
21 seq.).
22 (5) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et
23 seq.).
24 (6) Louisiana Licensed Professional Counselors Board of Examiners
25 (R.S. 37:1101 et seq.).
26 (7) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et
27 seq.).
28 (8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S.
29 37:611 et seq.; R.S. 37:1261 et seq.).
30 (9) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101 et
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1 seq.).
2 (10) State Board of Examiners of Psychologists (R.S. 37:2351 et seq.).
3 (11) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.).
4 (12) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.).
5 (13) Board of Examiners for Nursing Facility Administrators (R.S.
6 37:2501 et seq.).
7 (14) Louisiana Board of Examiners for Speech-Language Pathology and
8 Audiology (R.S. 37:2650 et seq.).
9 (15) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et
10 seq.).
11 (16) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.).
12 (17) State Board of Electrolysis Examiners (R.S. 37:3051 et seq.).
13 (18) Louisiana State Board of Examiners in Dietetics and Nutrition (R.S.
14 37:3081 et seq.).
15 (19) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.).
16 (20) Addictive Disorder Regulatory Authority (R.S. 37:3389).
17 (21) Louisiana Licensed Professional Vocational Rehabilitation
18 Counselors Board of Examiners (R.S. 37:3441 et seq.).
19 (22) Louisiana Board of Drug and Device Distributors (R.S. 37:3461 et
20 seq.).
21 (23) Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.).
22 (24) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.).
23 B. The following agencies, as defined in R.S. 36:3, are placed within the
24 Louisiana Department of Health and shall perform and exercise their powers,
25 duties, functions, and responsibilities as otherwise provided by law:
26 (1) Louisiana state office of rural health (R.S. 40:2195.1).
27 (2) Louisiana State Child Death Review Panel (R.S. 40:2019).
28 (3) Marriage and Family Therapy Advisory Committee (R.S. 37:1104)
29 (Established by the Louisiana Licensed Professional Counselors Board of
30 Examiners).
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1 (4) Nursing Home Emergency Preparedness Review Committee (R.S.
2 40:2009.25).
3 (5) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.).
4 (6) Louisiana Birth Defects Surveillance System Advisory Board (R.S.
5 40:31.41 et seq.).
6 (7) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et
7 seq.).
8 (8) Health Data Panel (R.S. 40:1173.1 et seq.).
9 (9) Louisiana Standards for Water Works Construction, Operation, and
10 Maintenance Committee (R.S. 40:4.13).
11 (10) Medicaid Pharmaceutical and Therapeutics Committee (R.S.
12 46:153.3).
13 (11) The advisory council for the program of early identification of deaf
14 or hard of hearing infants (R.S. 46:2261 et seq.).
15 (12) Louisiana Obesity Prevention and Management Commission (R.S.
16 40:2018.4).
17 (13) Louisiana Sickle Cell Commission (R.S. 40:2018.3).
18 (14) Physician Assistants Advisory Committee (R.S. 37:1270.1).
19 (15) Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et
20 seq.).
21 (16) Commission on Perinatal Care and Prevention of Infant Mortality
22 (R.S. 40:2018).
23 (17) Water Supply and Sewerage Systems Certification Committee (R.S.
24 40:1281.1 et seq.).
25 (18) Louisiana Commission for the Deaf (R.S. 46:2351 et seq.).
26 (19) Louisiana Medical Disclosure Panel (R.S. 40:1157.2).
27 (20) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.).
28 (21) Louisiana Advisory Committee on Populations and Geographic
29 Regions With Excessive Cancer Rates (R.S. 40:1105.12).
30 (22) Medical Education Commission (R.S. 17:1519.12).
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1 (23) Louisiana Access to Better Care Medicaid Insurance Demonstration
2 Project Oversight Board (R.S. 46:160.1 et seq.).
3 (24)(a) Louisiana Emergency Response Network Board (R.S. 40:2841 et
4 seq.).
5 (b) The Louisiana Emergency Response Network Board shall be a
6 separate budget unit within the Louisiana Department of Health.
7 (25)(a) Louisiana Developmental Disabilities Council (R.S. 28:750 et
8 seq.). The council shall have full appointing authority for all personnel
9 purposes.
10 (b)The regional and state advisory councils for the Community and
11 Family Support System (R.S. 28:824(J)).
12 (26) Anatomical Board (R.S. 17:2271 et seq.).
13 (27) Board of Commissioners of the South Louisiana Health Services
14 District (R.S. 28:241 et seq.).
15 (28) Nursing Home Advisory Committee (R.S. 40:2009.1).
16 (29) Hospital Licensing Council (R.S. 40:2108).
17 (30) Traumatic Head and Spinal Cord Injury Trust Fund Advisory
18 Board (R.S. 46:2631 et seq.).
19 (31) Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.).
20 (32) Louisiana Emergency Medical Services Certification Commission
21 (R.S. 40:1131 et seq.).
22 (33) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et
23 seq.).
24 (34) Louisiana State Board of Health and the Louisiana Department of
25 Health and all its subsidiary boards (Such provisions of Title 40 of the
26 Louisiana Revised Statutes of 1950 as are applicable to the abolished board and
27 department).
28 C. The following agencies, as defined by R.S. 36:3, are transferred to and
29 hereafter shall be within the Louisiana Department of Health, as provided in
30 Part II of Chapter 22 of this Title:
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1 (1) Eastern Louisiana Mental Health System (Jackson).
2 (2) Central Louisiana State Hospital (Pineville).
3 (3) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(1); R.S.
4 28:451.4).
5 (4) North Lake Supports and Services Center (R.S. 28:22.8(A)(3); R.S.
6 28:451.4).
7 (5) The behavioral health facilities located in New Orleans, Baton Rouge,
8 Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond,
9 Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa,
10 Pineville, Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine,
11 Raceland, Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah,
12 Columbia, Oakdale, and any other state-owned or state-operated facilities as
13 may be hereinafter established (R.S. 28:22.5).
14 (6) Northwest Supports and Services Center (R.S. 28:22.8(A)(2); R.S.
15 28:451.4).
16 (7) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S.
17 40:2142).
18 * * *
19 §629. Transfer of boards, commissions, departments, and agencies to the
20 Department of Agriculture and Forestry
21 * * *
22 (S) The Board of Veterinary Medicine (R.S. 37:1511 et seq.) is hereby
23 transferred to and placed within the Department of Agriculture and Forestry
24 as provided in R.S. 36:803.
25 * * *
26 §801.1. Transfer; retention of all functions
27 A. The agencies transferred by the provisions of R.S. 36:4(B)(1)(dd) and (18)
28 and (D), 4.1(C) and (G), 53(H) and (J), 209(R), 259(J)(B)(24), 409(N), 509(O),
29 651(D), and 725(A) shall continue to be comprised and selected as provided by law.
30 * * *
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1 §802. Transfer; retention of policymaking and rulemaking functions
2 The agencies transferred by the provisions of R.S. 36:209(Q) and (Y),
3 259(MM)(B)(19), 309(B), 409(C), 459(B), 610(B), 629(I), and 769(C) shall continue
4 to be composed and selected as provided by law, and each shall continue to exercise
5 all of the powers, duties, functions, and responsibilities provided or authorized for
6 each by the constitution or laws which are in the nature of policymaking,
7 rulemaking, licensing, regulation, enforcement, or adjudication and also shall
8 continue to exercise all advisory powers, duties, functions, and responsibilities
9 provided by law. Such powers, duties, functions, and responsibilities shall be
10 exercised independently of the secretary and any assistant secretary, except that:
11 * * *
12 §803. Transfer; licensing agencies
13 A.(1) Each of the agencies transferred by the provisions of R.S. 36:4.1(D),
14 R.S. 36:209(D), R.S. 36:259(E)(A), R.S. 36:309(D), R.S. 36:409(D), and R.S.
15 36:509(C), all of which are charged by law with the responsibility for the regulation,
16 examination, certification, and licensing of persons in this state, and the enforcement
17 of the laws relating thereto, shall continue to be composed and selected as provided
18 by law, and each shall continue to exercise all of the powers, duties, functions, and
19 responsibilities provided or authorized for each by the constitution or laws which are
20 in the nature of policymaking, rulemaking, certification, licensing, regulation,
21 enforcement, or adjudication and also shall continue to exercise all advisory powers,
22 duties, functions, and responsibilities provided by law.
23 * * *
24 Section 2. R.S. 37:753(B), (C)(4), and (J), 832(A)(2) and (B)(2), 915, 916(B),
25 962(B) and (C), 1042, 1104(A) and (B)(1), 1172(A), 1174(B), 1263(C), 1515(A)(1), 2102,
26 2353(A)(1), (2), and (3), the introductory paragraph of 2359(B), the introductory paragraph
27 of 2403(B), 2455(B)(1), (4), and (5), 2654(A), the introductory paragraph of 2704(A),
28 (A)(5), (B), and (C), 2802, 3061(A)(1)(a) and (2)(c), 3084(A), the introductory paragraph
29 of (B)(1), (B)(2), (C), (D), and (G), 3201(B)(1)(d) and (2), (C), and (D), the introductory
30 paragraph of 3389(B), (B)(5), (C), (E), and (G), 3444(A) through (C), 3463(A) and (B),
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1 3554(A) and (B), and 3703(B), (C), and (D) are hereby amended and reenacted and R.S.
2 37:23.1, 753(C)(5), 914(B)(3), 962(D), 2403(B)(6), (G), and (H), 3061(A)(1)(d) and (D),
3 3084(B)(1)(e), and 3389(B)(6) are hereby enacted to read as follows:
4 §23.1. Licenses, permits, or certificates for individuals with an
5 ADA-recognized disorder
6 Any board or commission created and provided for within this Title may
7 develop a process to issue a license, permit, or certificate outside the national
8 examination for those individuals with a disorder which is recognized by the
9 Americans with Disabilities Act.
10 * * *
11 §753. Louisiana State Board of Dentistry; appointment of members; term of office;
12 vacancies; nominating meetings; quorum; domicile
13 * * *
14 B. The board shall be composed of such fifteen members to include one
15 consumer, thirteen qualified and licensed dentists as provided in Subsection C of
16 this Section, and one qualified and licensed dental hygienist.
17 C. Each member of the board shall be appointed by the governor as follows:
18 * * *
19 (4)(a) The consumer member shall be selected from the state at large and
20 appointed by the governor. The consumer member of the board shall possess all
21 of the following qualifications:
22 (i) Is a citizen of the United States and has been a resident of Louisiana
23 for at least one year immediately prior to appointment.
24 (ii) Has attained the age of majority.
25 (iii) Shall not have ever been licensed by any of the licensing boards
26 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
27 licensed by a board identified in R.S. 36:259(A).
28 (iv) Has never been convicted of a felony.
29 (v) Shall not have nor shall ever have had a material financial interest
30 in the healthcare profession.
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1 (b) 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 (5) In the event the governor declares a state of emergency, all nominating
6 procedures may be delayed for a period of not longer than one hundred eighty days
7 from the date the emergency was first declared by the governor.
8 * * *
9 J. Each member of the board shall be actively engaged in the practice of
10 dentistry or the practice of dental hygiene at the time of appointment, except for the
11 consumer member.
12 * * *
13 §832. Louisiana State Board of Embalmers and Funeral Directors; appointments;
14 terms of office
15 A. * * *
16 (2) The board shall consist of nine members to be appointed by the governor,
17 subject to Senate confirmation, as further provided in Subsection B of this Section.
18 All members of the board shall serve at the pleasure of the governor for terms of four
19 years. The governor shall ensure that his appointments demonstrate race,
20 gender, ethnic, and geographical diversity.
21 B. * * *
22 * * *
23 (2)(a) The board shall also include one member, appointed by the governor,
24 who shall be sixty years of age or over and who shall serve as a representative of the
25 elderly consumers of Louisiana. The elderly member shall not be actively engaged
26 in nor shall he be retired from the occupation, profession, or industry of funeral
27 directors or embalmers. The elderly member shall be a full voting member of the
28 board, except that the elderly member shall not participate in the grading of
29 individual examinations. consumer member who shall be selected from the state
30 at large and appointed by the governor. The consumer member of the board
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1 shall possess all of the following qualifications:
2 (i) Is a citizen of the United States and has been a resident of Louisiana
3 for at least one year immediately prior to appointment.
4 (ii) Has attained the age of majority.
5 (iii) 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 except that the consumer member shall not participate in the grading of
13 individual examinations.
14 * * *
15 §914. Louisiana State Board of Nursing; appointment of members; term of office;
16 vacancy; officers; compensation
17 * * *
18 B.
19 * * *
20 (3) The governor shall ensure that his appointments demonstrate race,
21 gender, ethnic, and geographical diversity.
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
30 * * *
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1 B.(1) Each consumer member of the board shall possess all of the following
2 qualifications:
3 (1)(a) 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 (2)(b) Has attained the age of majority.
6 (3)(c) Has never engaged in any activity directly related to the practice of
7 professional nursing Has never been licensed by any of the licensing boards
8 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
9 licensed by a board identified in R.S. 36:259(A).
10 (4)(d) Has never been convicted of a felony.
11 (e) Does not have and has never had a material financial interest in the
12 healthcare profession.
13 (2) The consumer member shall be a full voting member of the board
14 with all rights and privileges conferred on board members, except that the
15 consumer member shall not participate in the grading of individual
16 examinations.
17 * * *
18 §962. Louisiana State Board of Practical Nurse Examiners; method of appointment
19 * * *
20 B. Six members of the board shall be practical nurses, two shall be registered
21 nurses, one shall be a consumer, and five four shall be licensed physicians.
22 C. The appointment of members of the board shall be made from a list,
23 containing twice the number of eligibles to be appointed, submitted to the governor
24 by the Louisiana State Medical Society where the appointee shall be a licensed
25 physician, by the Louisiana Federation of Licensed Practical Nurses, Inc., for one of
26 the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of
27 the practical nurses, by the Louisiana Nursing Home Association, for one practical
28 nurse, by the Louisiana Hospital Association, for one practical nurse, or by the
29 Louisiana State Nurses Association where the appointee shall be a registered nurse.
30 The consumer member may apply directly to the office of the governor. The
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1 governor shall ensure that his appointments demonstrate race, gender, ethnic,
2 and geographical diversity.
3 D.(1) 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 (a) 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 (b) Has attained the age of majority.
9 (c) 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 (d) Has never been convicted of a felony.
13 (e) Does not have and has never had a material financial interest in the
14 healthcare profession.
15 (2) 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 * * *
20 §1042. Louisiana State Board of Optometry Examiners; appointment; terms of
21 members; protected action and communication
22 A. The Louisiana State Board of Optometry Examiners is created within the
23 Louisiana Department of Health and is subject to the provisions of R.S. 36:803. This
24 board shall consist of five members who shall be licensed optometrists and shall
25 have practiced optometry in this state for seven years and one consumer member.
26 B. Each licensed optometrist member of the board shall be appointed by the
27 governor from a list of three names submitted to him by the board. The governor
28 shall ensure that his appointments demonstrate race, gender, ethnic, and
29 geographical diversity. For the purpose of preparing the list of three names, the
30 board shall conduct an annual meeting on a date in June set by the board annually,
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1 at which all optometrists licensed under the laws of Louisiana shall have the right to
2 attend, nominate and vote. The board shall have the authority to regulate and
3 prescribe the place and hour of the meeting, the method of nomination, and the
4 manner of voting. Each optometrist in attendance shall have the right to vote for
5 those persons duly nominated and no cumulative or proxy voting shall be permitted.
6 Each optometrist voting must vote for three nominees in order for his ballot to be
7 valid, and any ballot indicating votes for more or less than three nominees shall be
8 null and void. The three persons receiving the greatest number of votes of those in
9 attendance at the meeting shall be the three persons whose names shall be submitted
10 to the governor for appointment to the board. At least thirty days prior to the meeting
11 the board shall mail notices to each optometrist licensed under the laws of Louisiana
12 at the address shown in his current registration notifying each optometrist of the
13 exact date, place and hour of the meeting, the purpose of the meeting and of his right
14 to attend and vote. The consumer member may apply directly to the office of the
15 governor.
16 C.(1) The consumer member shall be selected from the state at large and
17 appointed by the governor. The consumer member of the board shall possess all
18 of the following qualifications:
19 (a) Is a citizen of the United States and has been a resident of Louisiana
20 for at least one year immediately prior to appointment.
21 (b) Has attained the age of majority.
22 (c) Shall not have ever been licensed by any of the licensing boards
23 identified in R.S. 36:259(A), nor shall he have a spouse who has ever been
24 licensed by a board identified in R.S. 36:259(A).
25 (d) Has never been convicted of a felony.
26 (e) Shall not have nor shall ever have had a material financial interest in
27 the healthcare profession.
28 (2) 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
30 consumer member shall not participate in the grading of individual
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1 examinations.
2 D. Each appointment by the governor shall be subject to Senate
3 confirmation. The term of each member shall be five years, but vacancies occurring
4 during the term of a member shall be filled for the unexpired term by an optometrist
5 possessing the qualifications for board membership, nominated by the remaining
6 members of the board and appointed by the governor from that nomination. A
7 vacancy in the consumer position shall be filled with another consumer.
8 D.E. There shall be no liability on the part of and no action for damages
9 against any of the following persons:
10 (1) Any member of the board, or its agents or employees, for any action
11 undertaken or performed by such person within the scope of the duties, powers, and
12 functions of the board or such examining committee as provided for in this Chapter
13 when such person is acting without malice and in the reasonable belief that the action
14 taken by him is warranted; or.
15 (2) Any person providing information to the board, its agents or employees,
16 whether a witness, or otherwise, unless such information is false and the person
17 providing it knew that such information was false.
18 E.F. In any suit brought against the board, its employees or agents, or any
19 person or entity providing information to the board, when the defendant substantially
20 prevails in such suit, the court shall, at the conclusion of the action, award to the
21 defendant and assess against the claimant the cost of defending the suit attributable
22 to such claim, including reasonable attorney fees, if the claim, or the claimant's
23 conduct during the litigation of the claim, was either frivolous, unreasonable, without
24 foundation, or in bad faith. For the purpose of this Subsection, a defendant shall not
25 be considered to have substantially prevailed when the claimant obtains an award for
26 damages or permanent injunctive or declaratory relief.
27 * * *
28 §1104. Louisiana Licensed Professional Counselors Board of Examiners
29 A. There is hereby created in the Louisiana Department of Health the
30 Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred
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1 to as the "board", consisting of eleven members who shall be residents of the state
2 of Louisiana. Each term shall be for four years. Seven appointments to the board,
3 including one individual consumer from the public at large, shall be made by the
4 governor from a list of qualified candidates submitted by the executive board of the
5 Louisiana Counseling Association. The consumer member may also apply
6 directly to the office of the governor. Four appointments to the board shall be made
7 by the governor from a list of qualified candidates submitted by the executive board
8 of the Louisiana Association for Marriage and Family Therapy. Each appointment
9 by the governor shall be submitted to the Senate for confirmation. The governor
10 shall ensure that his appointments demonstrate race, gender, ethnic, and
11 geographical diversity.
12 B.(1)(a) The membership of the board shall consist of three licensed
13 professional counselors, three educators who are licensed professional counselors
14 and whose function is the training of mental health counselors in accredited
15 programs, four licensed marriage and family therapists, and one individual
16 consumer from the public at large. The professional membership of the board shall
17 be licensed under this Chapter. The board shall perform such duties and exercise
18 such powers as this Chapter prescribes and confers upon it. No member of the board
19 shall be liable in any civil action for any act performed in good faith in the execution
20 of his duties under this Chapter.
21 (b)(i) The consumer member shall be appointed from the state at large
22 and appointed by the governor, subject to confirmation by the Senate. The
23 consumer member of the board shall possess all of the following qualifications:
24 (aa) 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 (bb) Has attained the age of majority.
27 (cc) 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).
30 (dd) Has never been convicted of a felony.
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1 (ee) Does not have and has never had a material financial interest in the
2 healthcare profession.
3 (ii) The consumer member shall be a full voting member of the board
4 with all rights and privileges conferred on board members, except that the
5 consumer member shall not participate in the grading of individual
6 examinations.
7 * * *
8 §1172. Membership
9 A. The board shall consist of seventeen members appointed by the governor,
10 including two licensed pharmacists from each of the pharmacy districts as provided
11 in R.S. 37:1173 and one representative of the consumers of Louisiana from the state
12 at-large who possess the qualifications specified in R.S. 37:1174. The governor
13 shall ensure that his appointments demonstrate race, gender, ethnic, and
14 geographical diversity.
15 * * *
16 §1174. Qualifications
17 * * *
18 B.(1) The consumer member of the board shall be a resident of this state who
19 has attained the age of majority and shall not have nor shall ever have had material
20 financial interest in the providing of pharmacy services or who has engaged in any
21 activity directly related to the practice of pharmacy. The consumer representative
22 shall not have been convicted of a felony. possess all of the following
23 qualifications:
24 (a) 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 (b) Has attained the age of majority.
27 (c) 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).
30 (d) Has never been convicted of a felony.
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1 (e) Does not have and has never had a material financial interest in the
2 healthcare profession.
3 (2) The consumer member shall be a full voting member of the board
4 with all rights and privileges conferred on board members, except that the
5 consumer member shall not participate in the grading of individual
6 examinations.
7 * * *
8 §1263. Louisiana State Board of Medical Examiners; membership; qualifications;
9 appointment; removal; terms
10 * * *
11 C.(1) Each physician member of the board shall at the time of appointment:
12 (1)(a) Be a resident of this state for not less than six months.
13 (2)(b) Be currently licensed and in good standing to engage in the practice
14 of medicine in this state.
15 (3)(c) Be actively engaged in the practice of medicine in this state.
16 (4)(d) Have five years of experience in the practice of medicine in this state
17 after licensure.
18 (5)(e) Have not been convicted of a felony.
19 (6)(f) Have not been placed on probation by the board.
20 (2)(a) The consumer member of the board shall possess all of the
21 following qualifications:
22 (i) Is a citizen of the United States and has been a resident of Louisiana
23 for at least one year immediately prior to appointment.
24 (ii) Has attained the age of majority.
25 (iii) Has never been licensed by any of the licensing boards identified in
26 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
27 board identified in R.S. 36:259(A).
28 (iv) Has never been convicted of a felony.
29 (v) Does not have and has never had a material financial interest in the
30 healthcare profession.
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1 (b) 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 §1515. Board of Veterinary Medicine; terms; compensation; removal
7 A.(1) There is created within the Louisiana Department of Health
8 Agriculture and Forestry a board to be known as the Louisiana Board of Veterinary
9 Medicine which is subject to the provisions of R.S. 36:803.
10 * * *
11 §2102. Board of Examiners; creation; domicile; membership; terms of office
12 A.(1) The Louisiana State Board of Examiners for Sanitarians is hereby
13 created within the Louisiana Department of Health and is subject to the provisions
14 of R.S. 36:803. Its domicile shall be in the city of New Orleans, Louisiana. The
15 board shall consist of seven members, three of whom shall be respectively the dean
16 of the College of Arts and Sciences of Louisiana State University and Agricultural
17 and Mechanical College; the dean of the College of Arts and Sciences of Tulane
18 University of Louisiana; and the assistant secretary, office of public health of the
19 Louisiana Department of Health; and four, three of whom shall be duly recognized
20 licensed practicing sanitarians, and one consumer member, all of whom shall be
21 appointed by the governor and confirmed by the Senate. The consumer member
22 may also apply directly to the office of the governor.
23 (2) The governor shall ensure that his appointments demonstrate race,
24 gender, ethnic, and geographical diversity.
25 (3)(a) The consumer member shall be selected from the state at large.
26 The consumer member of the board shall possess all of the following
27 qualifications:
28 (i) Is a citizen of the United States and has been a resident of Louisiana
29 for at least one year immediately prior to appointment.
30 (ii) Has attained the age of majority.
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1 (iii) Has never been licensed by any of the licensing boards identified in
2 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
3 board identified in R.S. 36:259(A).
4 (iv) Has never been convicted of a felony.
5 (v) Does not have and has never had a material financial interest in the
6 healthcare profession.
7 (b) The consumer member shall be a full voting member of the board
8 with all rights and privileges conferred on board members, except that the
9 consumer member shall not participate in the grading of individual
10 examinations.
11 B. The four sanitarians of the original board shall be appointed to terms
12 beginning with the effective date of this Chapter, as follows: one member for one
13 year, one member for two years, one member for three years, and one member for
14 four years. Thereafter each sanitarian Each member appointed to the board shall be
15 appointed and serve for a term of four years.
16 * * *
17 §2353. State board of examiners; organization; duties; meetings; fees
18 A.(1) There is hereby created within the Louisiana Department of Health a
19 Louisiana State Board of Examiners of Psychologists which shall be subject to the
20 provisions of R.S. 36:803. The board shall consist of five six members who are
21 citizens of the United States, residents of the state of Louisiana, and appointed by the
22 governor to be comprised of five psychologists and one consumer.
23 (2) Upon expiration of the three-year terms of the members in office on
24 September 1, 1987, and except for the transition set forth below, the The governor
25 shall appoint members for terms of five years. Each appointment by the governor
26 shall be subject to Senate confirmation. For the two vacancies occurring July 1,
27 1988, one member shall be appointed for a three-year term and one member for a
28 four-year term; for the vacancy occurring July 1, 1989, the member shall be
29 appointed for a four-year term; and for the two vacancies occurring July 1, 1990, one
30 member shall be appointed for a four-year term and one member for a five-year term.
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1 A board member shall not be eligible to succeed himself. All psychologist
2 appointments shall be from a list provided by the Louisiana Psychological
3 Association. The list shall report the results of an election in which persons qualified
4 for board membership may nominate themselves and in which licensed members of
5 the Louisiana Psychological Association and other persons licensed under this
6 Chapter are entitled to one vote for each vacancy on the board. The consumer
7 member may apply directly to the office of the governor. The governor shall
8 ensure that his appointments demonstrate race, gender, ethnic, and
9 geographical diversity.
10 (3)(a) Each psychologist board member shall be a citizen of the United
11 States, resident of the state of Louisiana, shall have rendered service, teaching,
12 training, or research in psychology for at least five years, shall have held a doctoral
13 degree in psychology from a school or college as defined in this Chapter for a period
14 of five years, and shall be licensed under this Chapter for a minimum of five years.
15 (b)(i) The consumer member shall be selected from the state at large and
16 shall possess all of the following qualifications:
17 (aa) Is a citizen of the United States and has been a resident of Louisiana
18 for at least one year immediately prior to appointment.
19 (bb) Has attained the age of majority.
20 (cc) Has never been licensed by any of the licensing boards identified in
21 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
22 board identified in R.S. 36:259(A).
23 (dd) Has never been convicted of a felony.
24 (ee) Does not have and has never had a material financial interest in the
25 healthcare profession.
26 (ii) The consumer member shall be a full voting member of the board
27 with all rights and privileges conferred on board members, except that the
28 consumer member shall not participate in the grading of individual
29 examinations.
30 * * *
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1 §2359. Denial, revocation, or suspension of license; psychologist; provisional
2 license; specialist in school psychology
3 * * *
4 B. The board shall have the power and duty to suspend, place on probation,
5 require remediation for a specified time, revoke any license to practice psychology,
6 any provisional license to practice psychology, or any license to practice as a
7 specialist in school psychology issued by the board, or take any other action
8 specified in the rules and regulations whenever the board, by affirmative vote of at
9 least four members of its five members a five-member hearing panel, shall find
10 by a preponderance of the evidence that a psychologist, provisional licensed
11 psychologist, or specialist in school psychology has engaged in any of the following
12 acts or offenses:
13 * * *
14 §2403. Physical therapy board; composition
15 * * *
16 B. The board shall consist of seven eight members who shall be appointed
17 by the governor as follows:
18 * * *
19 (6) One member shall be a consumer selected from the state at large. The
20 consumer member may also apply directly to the office of the governor.
21 * * *
22 G.(1) The consumer member shall be selected from the state at large and
23 possess all of the following qualifications:
24 (a) 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 (b) Has attained the age of majority.
27 (c) 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).
30 (d) Has never been convicted of a felony.
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1 (e) Does not have and has never had a material financial interest in the
2 healthcare profession.
3 (2) The consumer member shall be a full voting member of the board
4 with all rights and privileges conferred on board members, except that the
5 consumer member shall not participate in the grading of individual
6 examinations.
7 H. The governor shall ensure that his appointments demonstrate race,
8 gender, ethnic, and geographical diversity.
9 * * *
10 §2455. Louisiana Board for Hearing Aid Dealers; composition; districts
11 * * *
12 B.(1) The board shall be composed of nine members. Seven members shall
13 be hearing aid dealers, the eighth shall be the state health officer or his
14 representative, and the ninth member shall be sixty years of age or over and shall
15 serve as a representative of the elderly consumers of Louisiana. The seven hearing
16 aid dealers shall be appointed in the following manner. The Louisiana Society of
17 Hearing Aid Specialists, chartered by the state, shall submit to the governor names
18 of not less than fourteen qualified hearing aid dealers, who shall be actively engaged
19 in the selling and fitting of hearing aids. The governor shall ensure that his
20 appointments demonstrate race, gender, ethnic, and geographical diversity.
21 * * *
22 (4) From this list the governor shall appoint seven members of the board, two
23 from District I, and one from each of the other five districts. Of the seven hearing aid
24 dealer members of the board, one shall be appointed to serve a term of four years,
25 two shall be appointed to serve for a term of three years, two shall be appointed to
26 serve for a term of two years, and two shall be appointed to serve for a term of one
27 year. Each member so appointed shall serve for the term of his appointment, and
28 thereafter until his successor has been appointed by the governor. After the original
29 board member has been appointed by the governor, as hereinabove set forth, each of
30 the successor hearing aid dealer board members Each member shall be appointed
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1 for a term of four years. All terms provided in this Paragraph shall begin on January
2 1, 1969. In the event of a vacancy on the board, the governor shall appoint a new
3 hearing aid dealer board member to serve out the unexpired term. The members of
4 the board shall annually designate one such member to serve as chairman and
5 another member to serve as secretary-treasurer. No hearing aid dealer member of the
6 board may be reappointed to the board until at least one year after the expiration of
7 his second term of office.
8 (5)(a) The elderly consumer representative shall be appointed by the
9 governor and the appointment shall be subject to Senate confirmation. The elderly
10 consumer representative shall serve at the pleasure of the governor and any vacancy
11 shall be filled by a gubernatorial appointment. The elderly representative shall not
12 be actively engaged in or retired from the occupation, profession, or industry of
13 hearing aids. The elderly member shall be a full voting member of the board, except
14 that the elderly representative shall not participate in the grading of individual
15 examinations. The elderly consumer member shall be selected from the state at
16 large and shall possess all of the following qualifications:
17 (i) Is a citizen of the United States and has been a resident of Louisiana
18 for at least one year immediately prior to appointment.
19 (ii) Has attained the age of majority.
20 (iii) Has never been licensed by any of the licensing boards identified in
21 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
22 board identified in R.S. 36:259(A).
23 (iv) Has never been convicted of a felony.
24 (v) Does not have and has never had a material financial interest in the
25 healthcare profession.
26 (b) The elderly consumer member shall be a full voting member of the
27 board, except that the consumer member shall not participate in the grading of
28 individual examinations.
29 * * *
30 §2654. Board of examiners; creation; membership; appointment; terms; chair;
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1 quorum; domicile
2 A.(1) The Louisiana Board of Examiners for Speech-Language Pathology
3 and Audiology is hereby created within the Louisiana Department of Health and is
4 subject to the provisions of R.S. 36:803. The board shall consist of seven persons
5 who are residents of this state, and who, except for the public consumer member,
6 have been engaged in providing service, or in teaching, or research in speech-
7 language pathology or audiology for at least five years prior to appointment and who
8 are licensed speech-language pathologists or audiologists under this Chapter. At least
9 three of the members shall be practicing audiologists, one of whom shall be a
10 dispensing audiologist, at least three shall be practicing speech-language
11 pathologists, one of whom shall be currently employed in a public school setting, and
12 one shall be a public consumer member.
13 (1) No public member shall:
14 (a) Have ever actively engaged in the practice of speech-language pathology
15 or audiology.
16 (b) Be employed by, own, or participate in the management of an agency or
17 business entity that sells, manufactures, or distributes health care supplies or
18 equipment or provides health care services.
19 (c) Have a financial interest in the practice or business of speech-language
20 pathology or audiology.
21 (d) Be an elected official.
22 (e) Be a family member or spouse of a licensed speech-language pathologist
23 or audiologist.
24 (2) The public member shall be an individual or a family member or spouse
25 of an individual with a communication disorder.
26 (2)(a) The consumer member of the board shall possess all of the
27 following qualifications:
28 (i) Is a citizen of the United States and has been a resident of Louisiana
29 for at least one year immediately prior to appointment.
30 (ii) Has attained the age of majority.
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1 (iii) Has never been licensed by any of the licensing boards identified in
2 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
3 board identified in R.S. 36:259(A).
4 (iv) Has never been convicted of a felony.
5 (v) Does not have and has never had a material financial interest in the
6 healthcare profession.
7 (vi) Be an individual or a family member or spouse of an individual with
8 a communication disorder.
9 (b) The consumer member shall be a full voting member of the board
10 with all rights and privileges conferred on board members, except that the
11 consumer member shall not participate in the grading of individual
12 examinations.
13 * * *
14 §2704. Board of Social Work Examiners
15 A. There is hereby created a Louisiana State Board of Social Work
16 Examiners within the Louisiana Department of Health. The board shall be subject
17 to the provisions of R.S. 36:803. It shall consist of seven members to include six
18 social workers and one consumer member who are citizens of the United States
19 and residents of the state of Louisiana. The members shall be appointed by the
20 governor, subject to Senate confirmation. All appointees shall be selected from one
21 list compiled by all statewide social work membership organizations that have
22 written bylaws and meet all state and federal laws, and the Louisiana Chapter of the
23 National Association of Social Workers shall be responsible for the coordination of
24 this process. The consumer member may apply directly to the office of the
25 governor. The governor shall ensure that his appointments demonstrate race,
26 gender, ethnic, and geographical diversity. All appointees shall serve no more than
27 two consecutive full terms. The completion of an unexpired portion of a full term
28 shall not constitute a full term for purposes of this Section. The board shall consist
29 of the following members:
30 * * *
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1 (5) One public consumer member.
2 B. Each board member, with the exception of the public consumer member,
3 shall be a person who holds a current, valid license or registration issued pursuant
4 to this Chapter and shall be a citizen of the United States and resident of the state
5 of Louisiana. At all times the board shall consist of at least three members who are
6 engaged primarily in rendering direct services in social work and at least one
7 member who is engaged primarily in social work education or a practice specialty
8 other than clinical.
9 C. No public member shall be currently an elected official, and no member
10 shall be or have been any of the following:
11 (1) Actively engaged in the practice of social work or be the spouse of a
12 social worker.
13 (2) Engaged in the practice of psychology, psychiatry, or a member of a
14 mental health profession, or the spouse of a member of a mental health profession.
15 (3) Employed or own an agency or business entity that provides social,
16 health, or mental health care or substance abuse services.
17 (1) The consumer member of the board shall be selected from the state
18 at large and shall possess all of the following qualifications:
19 (a) Is a citizen of the United States and has been a resident of Louisiana
20 for at least one year immediately prior to appointment.
21 (b) Has attained the age of majority.
22 (c) 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 (d) Has never been convicted of a felony.
26 (e) Does not have and has never had a material financial interest in the
27 healthcare profession.
28 (f) Shall not be an elected official.
29 (2) The consumer member shall be a full voting member of the board
30 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 * * *
4 §2802. Board of chiropractic examiners
5 A.(1) The Louisiana Board of Chiropractic Examiners is hereby created
6 within the Louisiana Department of Health and is subject to the provisions of R.S.
7 36:803. The board shall be composed of seven members who shall be appointed by
8 the governor, subject to confirmation by the Senate. All seven Six members shall
9 be chiropractors licensed under the provisions of this Chapter, who have been
10 continuously engaged in the practice of chiropractic in this state for at least five
11 years, and one member shall be a consumer; however, the initial members required
12 to be chiropractors shall be persons who are eligible to be licensed under the
13 provisions of this Chapter.
14 (2) The initial members shall be appointed within thirty days after July 31,
15 1974, to serve for terms of one, two, three, and four years, as designated by the
16 governor at the time of appointment. Thereafter, the terms of members shall be four
17 years each or until the successor of each member takes office. The consumer
18 member of the board shall be selected from the state at large and shall possess
19 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 (3) The consumer member shall be a full voting member of the board
30 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 B. Every chiropractor appointed to the board after the initial appointments
4 shall be a licensed chiropractor under the provisions of this Chapter.
5 C. Any vacancy occurring in the membership of the board, except by
6 expiration of the term, shall be filled for the unexpired term in the manner provided
7 in Subsection A of this section.
8 D.C. The governor may remove any member for misconduct, incompetence
9 or neglect of duty, after he has given the member a written statement of the charges
10 against him and has afforded him an opportunity to be heard.
11 E.D. The governor shall issue each member a certificate of appointment.
12 Within thirty days after the date of his appointment and before commencing the
13 discharge of his duties, each member shall subscribe to the oath for public officials,
14 which shall be deposited with the secretary of state as provided by law.
15 F.E. Each member of the board shall receive compensation fixed by the board
16 at not more than fifty dollars per day for each day in attendance upon its sessions.
17 Each member of the board shall be reimbursed for his actual travel, clerical and
18 incidental expenses necessarily incurred while engaged in the discharge of his
19 official duties. Such compensation and expenses shall be paid out of the moneys
20 monies credited to the board as provided by R.S. 37:2809(B).
21 G.F. A board member's seat shall be recognized as vacant after the member
22 is absent from three consecutive official board meetings without reason if
23 recommended to the governor by a vote of two-thirds of the members of the board
24 to consider the removal of such absent board member from the board.
25 * * *
26 §3061. Board of Electrolysis Examiners
27 A.(1)(a) The State Board of Electrolysis Examiners shall be composed of five
28 six members, all to be appointed by the governor to serve at his pleasure.
29 * * *
30 (d) One consumer who shall be selected from the state at large. The
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1 consumer member may apply directly to the office of the governor.
2 (2) * * *
3 (c) Each appointment by the governor shall be submitted to the Senate for
4 confirmation. The governor shall ensure that his appointments demonstrate
5 race, gender, ethnic, and geographical diversity.
6 * * *
7 D.(1) The consumer member of the board shall possess all of the
8 following qualifications:
9 (a) 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 (b) Has attained the age of majority.
12 (c) 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 (d) Has never been convicted of a felony.
16 (e) Does not have and has never had a material financial interest in the
17 healthcare profession.
18 (2) The consumer member shall be a full voting member of the board
19 with all rights and privileges conferred on board members, except that the
20 consumer member shall not participate in the grading of individual
21 examinations.
22 * * *
23 §3084. Louisiana State Board of Examiners in Dietetics and Nutrition; membership,
24 terms, and vacancies; officers; meetings; quorum; compensation
25 A. The Louisiana State Board of Examiners in Dietetics and Nutrition,
26 hereinafter referred to as the "board", is hereby created within the Louisiana
27 Department of Health, subject to the provisions of R.S. 36:803.
28 B.(1) The board shall be composed of the following seven eight members,
29 all appointed by the governor and subject to Senate confirmation:
30 * * *
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1 (e) One consumer who shall be selected from the state at large. The
2 consumer member may apply directly to the office of the governor.
3 (2) The initial members of the board shall be appointed by the governor not
4 later than sixty days after the effective date of this Chapter from lists of names
5 submitted by the designated associations not later than thirty days after the effective
6 date of this Chapter. The governor shall ensure that his appointments
7 demonstrate race, gender, ethnic, and geographical diversity.
8 C.(1) Board members who are dietitians or nutritionists shall be residents
9 of the state who have been actively practicing an unrestricted license to practice
10 in the field of dietetics/nutrition dietetics or nutrition or a related field for not less
11 than five years. Board The registered nurse and physician board members shall
12 have an unrestricted license to practice their respective professions, where
13 applicable. The registered dietitians/nutritionists initially appointed to the board must
14 be eligible for licensure pursuant to the provisions of this Chapter; thereafter,
15 dietitians/nutritionists appointed to the board must be licensed pursuant to the
16 provisions of this Chapter.
17 (2)(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
30 consumer member shall not participate in the grading of individual
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1 examinations.
2 D. Two of the dietitian/nutritionist members of the board shall be appointed
3 for initial terms of two years and two of the dietitian/nutritionist members for three
4 years, as designated by the governor at the time of the appointment. The nursing
5 member, the member appointed from names submitted by the commissioner of
6 Agriculture and Forestry, and the physician each shall be appointed for an initial
7 term of one year. Thereafter, each Each member shall be appointed for a term of
8 three years.
9 * * *
10 G. Within thirty days after the appointment of its initial members, the board
11 shall hold a meeting for the purpose of organization and shall elect from its
12 membership a chairman, a vice chairman, and a secretary-treasurer. Officers The
13 board shall annually elect a chairman, a vice chairman, and a secretary-
14 treasurer who shall be elected each serve for terms of one year, or until the
15 successor of each is elected. Thereafter, the board shall annually and in like manner
16 elect its officers.
17 * * *
18 §3201. Radiologic Technology Board of Examiners; method of appointment;
19 qualifications of members
20 * * *
21 B.(1) The board shall consist of eleven members appointed by the governor
22 of whom:
23 (d) One shall be a radiological physicist consumer member selected from
24 the state at large.
25 (2) Each appointment by the governor shall be submitted to the Senate for
26 confirmation. The governor shall ensure that his appointments demonstrate
27 race, gender, ethnic, and geographical diversity.
28 C. Board Radiological members of the board shall be licensed pursuant
29 to the provisions of this Chapter and shall be residents of the state who have been
30 actively practicing in their fields for not less than five years.
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1 D.(1) The radiologic technologists initially appointed to the board must be
2 eligible for licensure pursuant to the provisions of this Chapter; thereafter, radiologic
3 technologists appointed to the board must be licensed pursuant to the provisions of
4 this Chapter. The consumer member of the board shall possess all of the
5 following qualifications:
6 (a) 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 (b) Has attained the age of majority.
9 (c) 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 (d) Has never been convicted of a felony.
13 (e) Does not have and has never had a material financial interest in the
14 healthcare profession.
15 (2) 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 * * *
20 §3389. Transition; Addictive Disorder Regulatory Authority
21 B. The Addictive Disorder Regulatory Authority (ADRA) is hereby created
22 within the Louisiana Department of Health to exercise all regulatory jurisdiction
23 over the credentialing and practice of addiction counselors and prevention
24 professionals, persons holding specialty certifications issued by the board,
25 paraprofessionals authorized by this Chapter, and those in training to become
26 addiction counselors and prevention professionals. The ADRA shall be governed
27 by a board of directors, hereinafter referred to as the "board", consisting of seven
28 voting members and one nonvoting member, all of whom shall be appointed by the
29 governor, subject to Senate confirmation, as follows:
30 * * *
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1 (5) Four Three voting members from a list of twelve nine names divided into
2 four three groups of three names each submitted by the Louisiana Association of
3 Substance Abuse Counselors and Trainers, Inc.
4 (6) One voting member who is a consumer selected from the state at
5 large.
6 C. The governor shall ensure that his appointments demonstrate race,
7 gender, ethnic, and geographical diversity. Members of the board shall serve
8 three-year terms except that in making the initial appointments, the governor shall
9 appoint two voting members for a one-year term, three voting members for a two-
10 year term, and two voting members for a three-year term. The nonvoting member
11 shall serve an initial term of three years. Members appointed to fill vacancies caused
12 by death, resignation, or removal shall serve the unexpired terms of their
13 predecessors.
14 * * *
15 E. Members of the board shall elect a chairman and such other officers as it
16 deems necessary to carry out the duties and functions of the board. The ADRA may
17 employ persons necessary to carry out the provisions of this Chapter and may fix
18 their compensation. The ADRA shall employ at least three persons: an executive
19 director, an assistant director, and an administrative assistant. The Louisiana
20 Department of Health, office of behavioral health, shall be responsible for providing
21 staff for the ADRA until June 30, 2009. From July 1, 2009, and thereafter the board
22 of the ADRA shall resume full responsibility for providing staff for the ADRA.
23 Employees of the board shall be eligible to participate in the state group benefits plan
24 and in the state retirement system.
25 * * *
26 G.(1) It is the intent of the legislature that the board exercise all regulatory
27 jurisdiction over the credentialing and practice of addiction counselors and
28 prevention professionals, persons holding specialty certifications issued by the board,
29 paraprofessionals authorized by this Chapter, and those in training to become
30 addiction counselors and prevention professionals.
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1 The consumer member of the board shall possess all of the following
2 qualifications:
3 (a) 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 (b) Has attained the age of majority.
6 (c) 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 (d) Has never been convicted of a felony.
10 (e) Does not have and has never had a material financial interest in the
11 healthcare profession.
12 (2) 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 * * *
17 §3444. Louisiana Licensed Professional Vocational Rehabilitation Counselors Board
18 of Examiners
19 A. There is hereby created in the Louisiana Department of Health the
20 Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of
21 Examiners, referred to hereafter referred to in this Chapter as the "board",
22 consisting of five members, who shall be residents of the state of Louisiana. The
23 members shall be appointed by the governor from a list of qualified candidates
24 supplied by the Louisiana International Association of Rehabilitation Professionals,
25 as specified in this Section within sixty days after July 14, 1988 to serve the
26 following terms: one member for a term of two years, two members for terms of
27 three years, and two members for terms of four years. Thereafter, each
28 Professionals-Louisiana. The consumer members may apply directly to the
29 office of the governor. Each term shall be for four years. Each appointment by the
30 governor shall be submitted to the Senate for confirmation. The governor shall
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1 ensure that his appointments demonstrate race, gender, ethnic, and
2 geographical diversity.
3 B.(1) The membership of the board shall consist of three four licensed
4 professional vocational rehabilitation counselors and two individuals one consumer
5 from the public at large. The original professional membership of the board shall be
6 qualified to be licensed under this Chapter, except that the initial professional
7 members shall be persons who have rendered rehabilitation counseling for at least
8 three years. Within thirty days after July 14, 1988, the executive committee of the
9 Louisiana Association for Rehabilitation Professionals shall submit to the governor
10 a list of qualified candidates for the board. The board shall perform such duties and
11 exercise such powers as this Chapter prescribes and confers upon it. No member of
12 the board shall be individually liable for any act or omission resulting in damage or
13 injury arising out of the exercise of his judgment in the formation and
14 implementation of policy while acting as a member of the board, provided he was
15 acting in good faith and within the scope of his official functions and duties, unless
16 the damage or injury was caused by his willful or wanton misconduct.
17 (2)(a) The consumer member shall be selected from the state at large
18 and shall possess all of the following qualifications:
19 (i) Is a citizen of the United States and has been a resident of Louisiana
20 for at least one year immediately prior to appointment.
21 (ii) Has attained the age of majority.
22 (iii) 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
30 consumer member shall not participate in the grading of individual
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1 examinations.
2 C. No board member shall serve more than two full consecutive terms.
3 Subsequent appointments to the board shall be made in the manner of the original
4 appointments, including the submission of by the governor from a list of qualified
5 candidates by the executive committee of the Louisiana Association for
6 International Association of Rehabilitation Professionals Professionals-Louisiana.
7 Any board member may be removed by the governor or majority vote of the board,
8 after notice and hearing, for incompetence, neglect of duty, malfeasance in office,
9 or moral turpitude. Any vacancy occurring in board membership, other than by
10 expiration of term, shall be filled for the remainder of the unexpired term by the
11 governor within thirty days from a list of qualified candidates supplied by the
12 Louisiana Association for International Association of Rehabilitation Professionals
13 Professionals-Louisiana.
14 * * *
15 §3463. Board; appointments; terms; removal; compensation; officers
16 A. The Louisiana Board of Drug and Device Distributors is hereby created
17 within the Louisiana Department of Health and is subject to the provisions of R.S.
18 36:803. The board shall administer the provisions of this Chapter. It shall be
19 composed of eight members, five four of whom shall be licensed distributors, two
20 of whom shall be actively engaged in the pharmaceutical manufacturing industry,
21 and one of whom shall be actively engaged in the medical device industry, and one
22 consumer. Each member shall be appointed by the governor, subject to Senate
23 confirmation.
24 B.(1) The governor shall appoint, subject to Senate confirmation, members
25 to the board from a list containing the names of five persons, submitted by the
26 Louisiana Association of Wholesale Drug Distributors and from a list containing the
27 names of two persons, submitted by the Pharmaceutical Research and Manufacturers
28 of America. The consumer member may apply directly to the office of the
29 governor. In the event of the death or resignation of any member of the board, the
30 governor shall appoint his successor in the manner of the original appointment for
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1 the remainder of the unexpired term. The governor shall ensure that his
2 appointments demonstrate race, gender, ethnic, and geographical diversity.
3 (2)(a) The consumer member shall be selected from the state at large and
4 appointed by the governor, subject to confirmation by the Senate. The
5 consumer member of the board shall possess all of the following qualifications:
6 (i) Is a citizen of the United States and has been a resident of Louisiana
7 for at least one year immediately prior to appointment.
8 (ii) Has attained the age of majority.
9 (iii) 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 * * *
20 §3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,
21 terms, vacancies, officers, meetings, reimbursement, liability
22 A.(1) The Louisiana Board of Massage Therapy is hereby created within the
23 Louisiana Department of Health subject to the provisions of R.S. 36:803. It shall
24 be composed of seven members appointed by the governor, subject to Senate
25 confirmation. Five of the members shall be appointed from a list of nominees
26 submitted to the governor by professional massage therapy and bodywork
27 associations. From the list of association nominees, three of the persons appointed
28 shall be licensed massage therapists. Two lay consumer members shall be appointed
29 from the list of nominees, both of whom shall be consumers who have never been
30 nor are currently a licensed massage therapist in the state. The consumer members
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1 may also apply directly to the office of the governor. Two additional licensed
2 massage therapists shall be appointed to the board from a general list of names which
3 are submitted for consideration by other interested sources or individuals.
4 (2) The governor shall ensure that his appointments demonstrate race,
5 gender, ethnic, and geographical diversity.
6 (3)(a) All massage therapists appointed to the board by the governor shall be
7 licensed and in good standing under this Chapter. The massage therapist appointees
8 shall have practiced massage therapy for at least three years.
9 (b)(i) The consumer members shall be selected from the state at large.
10 The consumer members of the board shall possess all of the following
11 qualifications:
12 (aa) Are citizens of the United States and have been residents of
13 Louisiana for at least one year immediately prior to appointment.
14 (bb) Have attained the age of majority.
15 (cc) Have never been licensed by any of the licensing boards identified
16 in R.S. 36:259(A), nor shall either member have a spouse who has ever been
17 licensed by a board identified in R.S. 36:259(A).
18 (dd) Have never been convicted of a felony.
19 (ee) Do not have and have never had a material financial interest in the
20 healthcare profession.
21 (ii) The consumer members shall be full voting members of the board
22 with all rights and privileges conferred on board members, except that the
23 consumer members shall not participate in the grading of individual
24 examinations.
25 B. All members of the board shall serve two-year terms. No member shall
26 serve more than three consecutive terms. For the purposes of staggering the board
27 member terms, the governor shall appoint to the board three massage therapists and
28 one lay member in odd-numbered years and two massage therapists and one lay
29 member in even-numbered years.
30 * * *
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1 §3703. Louisiana Behavior Analyst Board
2 * * *
3 B.(1) The board shall consist of five be comprised of seven members to
4 include six behavior analysts and one consumer member who shall be appointed
5 by the governor from a list of nominees submitted by the Louisiana Behavior
6 Analysis Association, and who shall be confirmed by the Senate.
7 (2)(a) The five behavior analysts shall become licensed once this Chapter
8 becomes effective. The consumer member of the board shall possess all of the
9 following qualifications:
10 (i) Is a citizen of the United States and has been a resident of Louisiana
11 for at least one year immediately prior to appointment.
12 (ii) Has attained the age of majority.
13 (iii) Has never been licensed by any of the licensing boards identified in
14 R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a
15 board identified in R.S. 36:259(A).
16 (iv) Has never been convicted of a felony.
17 (v) Does not have and has never had a material financial interest in the
18 healthcare profession.
19 (b) The consumer member shall be a full voting member of the board
20 with all rights and privileges conferred on board members, except that the
21 consumer member shall not participate in the grading of individual
22 examinations.
23 (3) The governor shall ensure that his appointments demonstrate race,
24 gender, ethnic, and geographical diversity. Members of the board shall serve at
25 the pleasure of the governor. A vacancy in an unexpired term shall be filled in the
26 manner of the original appointment.
27 (4)(a) The first two appointments to the initial board shall each serve a term
28 of four years, and such positions on the board shall be four-year terms.
29 (b)The third and fourth appointments to the initial board shall each serve a
30 term of three years, and such positions on the board shall be three-year terms.
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1 (c) The fifth appointment to the initial board shall serve a term of five years,
2 and such position on the board shall be a five-year term.
3 (5) If there is a vacancy, the appointment to complete the term shall follow
4 the same process to appoint members to the board.
5 (6) No member of the board shall serve more than two consecutive complete
6 terms on the board.
7 (7) The State Board of Examiners of Psychologists shall appoint a member
8 to serve as an ex officio, nonvoting member of the board.
9 C. The board shall convene its first meeting no later than October 1, 2013.
10 At this meeting Annually, the board shall elect from among its membership a
11 chairman and vice chairman.
12 D. A majority of the members of the board shall constitute a quorum for the
13 transaction of all business. The ex officio member shall not be considered for the
14 purpose of establishing a quorum.
15 * * *
16 Section 3. The heading of R.S. 40:5.11 is hereby amended and reenacted to read as
17 follows:
18 §5.11. Water fluoridation program; Fluoridation Advisory Board
19 * * *
20 Section 4. R.S. 37:3389(A) and (D) and R.S. 40:5.11(C) through (F) are hereby
21 repealed in their entirety.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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